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Home My WebLink AboutCDP 02-24; ST. CLAIRE RESIDENCE; Coastal Development Permit (CDP)1) D D ~ D D 0 0 D 0 D D D • CITY OF CARLSBAD "' LAND USE REVIEW APPLICATION APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) Administrative Permit -2nd Dwelling Unit Administrative Variance Coastal Development Permit CJ >Pc,,-·).. y Conditional Use Permit Condominium Permit Environmental Impact Assessment General Plan Amendment Hillside Development Permit Local Coastal Plan Amendment Master Plan Non-Residential Planned Development Planned Development Permit D Planned Industrial Permit D Planning Commission Determination 0 Precise Development Plan D Redevelopment Permit 0 Site Development Plan D Special Use Permit D Specific Plan D =FeAtati•re PaFeel Mai, Obtain from Engineering Department D Tentative Tract Map D Variance D Zone Change D List other applications not specified 2) ASSESSOR PARCEL NO(S).: 206-192-38 3) PROJECT NAME: .. -.:-~. ; :ii -~· n (FOR DEPARTMENT usi: ONLY) - !--------- j.s'i) U OJ.,•J. 4) BRIEF DESCRIPTION OF PROJECT: 1 Detached Single Family Residences on existing Lot =========================.========--==·-=-=-==· -----·----- 5) OWNER NAME (Print or_Type) John St. Claire MAILING ADDRESS 1839 Freda Lane 6) APPLICANT NAME (Print or Type) John St. Claire MAILING ADDRESS 1839 Freda Lane CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE D CORRECT TO THE BEST OF MY KNOWLEDGE. 4·-)rJ,. o1- DATE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 7) BRIEF LEGAL DESCRIPTION Parcel 1 of PM 10178 00/0~3~ NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF -< r 8) LOCATION OF PROJE. Adams Street STREET ADDRESS -West SIDE OF ON THE (NORTH, SOUTH, EAST, WEST) Adams street (NAME OF STREET) BETWEEN J Highland Ori ve (NAME OF STREET) AND ~~~E-a~r~k~D~r~i~v~e":-----~~~~J (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 1 10) PROPOSED NUMBER OF LOTS ~ 11 l NUMBER OF EXISTING r-;--i 12) PROPOSED NUMBER OF r-12 I ~ RESIDENTIAL UNITS ~ RESIDENTIAL UNITS L:_j 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING r-i 14) PROPOSED IND OFFICE/ !115) PROPOSED COMM ~ SQUARE FOOTAGE lNLAJ SQUARE FOOTAGE D 17) PROPOSED INCREASE IN II 18) PROPOSED SEWER ADT ~ USAGE IN EDU r-i 20) EXISTING GENERAL ~ ac.PLAN fi=1l 23) PROPOSED ZONING lli.Q.Q]o !IL 21) PROPOSED GENERAL l..R.L.M_j PLAN DESIGNATION 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THI URPOSE . FEE COMPUTATION APPLICATION TYPE FEE REQUIRED ,R~z · =:-: , TOT AL FEE REQUIRED DATE FEE PAID RECEIPT NO. Form 16 PAGE 2 OF ,. • • SUPPLEMENTAL APPLICATION FORM FOR ALL COASTAL DEVELOPMENT PERMITS + APPLICATION CHECKLIST FOR SINGLE FAMILY REGULAR & MINOR COASTAL DEVELOPMENT PERMITS (Application checxlist for Non-Single Family Regular CoastEI Development Permits covered under separate handout) This st1pplemental application is to be filed for any development requiring a Coastal Development Permit issued by the City of Carlsbad. I. GENERAL BACKGROUND .. A. Estimated Cost of Development: B. Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The Planning Director shall make the final determination regarding a project's cost of development. . The primary basis for determining cost of developmeni \.Viii be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. . . Please complete the following information to assist in:the determination of this project's cost of development (Contractor proposals may a/so be submitted for consideration by the Planning Director). => New Residential Square Footage: 4,259 square feet x $78.00/~q. ft.= $_3_32_,-,._2_0_2 ___ _ => Residential Addition Square Footage: NI A square feet x $94.00/sq. ft. = $ ______ _ Any Garage Square Footage: 895 square feet x $22.00/sq. ft.= $_1 _9 ___ , 6_9_0 ___ _ Residential Conversion Square Footage: NIA square feet x $26.00/sq. ft.=$ ______ _ ' => For Non-Residential Uses, use the following figures for calculations: Retail/Store @ $38.00/sq. ft.; Restaurant @ $69.00/ sq. ft.; Office @ $55.00/ sq. ft.; Manufacturing/Warehouse @ $24.00/sq. ft.: N /A square feet x $ /sq. ft. = $ ______ _ COST OF DEVELOPMENT ESTIMATE:$ 351 ,892 ------------ 0 o you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000) __ _ 2. A Regular Coastal Development Permit ($60,000 or more) --=-x- C. Street address of proposed development Form 15 1/01 Page 1 of 8 ' -, . ,. II. Ill. • • Adams Street, Carlsbad,· Califronia 92008 0. Asse$sor's Parcel Number of proposed development 206~192-38 E. Development Description: Briefly describe project: Cc;mstruction of Single Family Residence on existing Lot with boundary adjustment. Habitat to be preserved per City letter dated January 19, 2000. F. Describe the present land uses (i.e. Vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: Single Family S th Single Family oq : ________________________ _ Ea~: Single Family -------------------------~ West: ____ s_i_n_.q __ l __ e ___ F __ a-=m=i=l"""y _______________ _ G. Is project located within a 100 year flood plain? -.OYes No PRESENT USE OF PROPERTY A. Ar¢ there existing structures on the property? 0Yes Q No B. If ~es, please describe. Will any existing structure be removed/demolished? 0Yes. ~ No If yes to either question, describe the extent of the demolition or removal, including the relocation. site, if applicable (also sh_ow on plans). LOT COVERAGE A. Existing and Proposed Existing New Proposed Total Building Coverage 0 sq. ft. 2196sq. ft. 2196 sq. ft. l,.andscaped Area 0 sq. ft. 9, 200sq. ft. 9,200 sq. ft. Hardscape Area 0 sq. ft. 3, OOOsq. ft. 3,000 sq. ft. Unimproved Area . (Left Natural) 27 i 442sq. ft. 1 3 « Q 1 6 Sq, ft. 1J.Ol6 sq. ft. Page 2 of 8 . . . . ~ ; J Form 15 8. Parking: Number of existing spaces Number of new spaces proposed Existing/Proposed TOTAL: Number of total spaces required Number of covered spaces Number of uncovered spaces Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? 0 3 3 2 0 3 0 0Yes#_ Dves#_ C. Grade Alteration: Is any grading proposed? ~Yes If yes, please complete the following: 1. Amount of cut 1 , 1 O O -----'----------.--~ Amount of fill __ __.__,._... __________ ~ Maximum height of fill slope __ 6_' _______ _ Maximum height of cut slope--+---------- Amount of import or export ___ 1_._,,0..,,,0_..o'--------- QNo G)No 0No cu. yds. cu. yds. feet feet cu. yds. 2. 3. 4. 5. 6. Location of borrow or disposal site------------- 1/01 Page 3 of 8 . . ·'\-: • IV. ENVIRONMENTAL REVIEW Submit Environmental Impact Assessment (EIA) Part I with Regular Coastal Development Permits: check with Planning Staff regarding Minor Coastal Development Permits and Single Family Regular Coastal Development Permits for any environmental · review requirements. V. GENERAL APPLICATION REQUIREMENTS (For Single' Family Regular and Minor Coastal Development Permits; Regular Coastal Development Permits covered under separate handout) A. Site Plan: Four (4) ·copies for a r,Ainor Coastal Development Permit, four (4) copies for a Single Family Regular Coastal Development Permit prepared on a 24" x 36 sheet(s) folded to 8~'.' x 11 ". The site plan shall include the following information: 1. General 8. a. Name and address of applicant, engineer and/or architect, etc. b. Location, size and use of all easements. c. Dimensions and locations of: access, both pedestrian and vehicular, showing service areas and points on ingress and egress, off-street . parking and loading areas showing locati9n, number and typical dimension of spaces, and wheel stops. d. Distance between building. and/or structures. e. Building setbacks (front, rear and sides). f. Location, height and materials of walls and fences. g. Dimensions/location of signs. · h. A summary table indicating the following inform'ation (if applicable to the application): (1} Site acreage (2) Existing zone and land use (3) Proposed land use (4) Total building coverage (5) . Building square footage . (6) Percent landscaping {7) Number of parking spaces {8) Square footage of open/recreational space (if applicable) (9) Cubic footage of storage space (if applicable) i. Show all applicable Fire Suppression Zones as required by the City's , Landscape Manual. Building elevations (all sides of all buildings) and floor plans: Four (4) copies for a Minor Coastal Development·Permit and fo_ur (4) copies for a Single . Family Regular Coastal Development Permit, prepared on 24" x 36" sheets folded to 8%" x 11" size. The building and floor plans shall include the following: . 1. Location and size of storage areas (if applicable) 2. All buildings, structure, walls and/or fences: .signs and exterior lights. 3. Existing and proposed construction. C. Grading and Drainage: Gradir:ig and drainage plans must be included with this application. In certain areas, an engineering geology report must also be 1included. Please consult the City Planning and Engineering Department Page 4 of 8 J representative for a determination on any grading plan geotechnical requirements if the project is in an overlay zone. The following information shall be submitted at a minimum: 1. Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within 100' perimeter of the boundaries of the site. Existing onsite trees; those to be removed and those to be saved. 2. Earthwork volumes; cut, fill, import and expo'rt. 3. Spot elevations at the corners of each pad. 4. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 5. Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision. Show location and approximate size of any proposed detention/retention basins. 6. Clearly show and label 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. D. Reduced site plan: One (1) copy of 8;,'2" x 11". (No(required for Single Family Residence). E. F. Location Map: One (1) copy of 8%" x 11" (suggested scale 200" -vicinity maps on the site plan are not acceptable). Colored Site Plan and Elevation Plan: (Not required with the first submittal) It is the Applicant's responsibility to bring one (1) -copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. VI. . REQUIRED DOCUMENTS A. Land Use Review Application Form 8. ·c. Completed Coastal Development Supplemental Application Form Disclosure Statement D. .. E. Form 15 Completed "Project Description/Explanation" Sheet Title Report (required for sites in Coastal Commission Appeal Area and for single ·family residential) 1/01 ·, . Page 5 of 8 ., . ' .. ..... I • VII. OTHER REQUIREMENTS A. Property Owners List and Address Labels NOTE; When the application is tentatively scheduled to be heard by the decisiqn ·making body, the project planner will contact the applicant and advise him to submit the radius map, two (2) sets of the property owners list and labels.. The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San biego County Assessor's Office. The project will NOT go fof'Nard until this informati~n is received. 1. A typewritten list of the names and addresses of all property owners within a 600' radius of subject property (including the applicant and/or ' owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject property. The list must be typed in all . CAPITAL LETTERS, left justified, void of punctuation. For any address ' other than single family residence, an apartment, suite or building number ' must be included on a separate line. DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S :P~RCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Swiss 721, Enterprise TM or Courier NEW 1 (TT) no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 . UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsba.d, CA 92008 ACCEPTABLE MRS JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. 600' Radius Map: A map to scale not less than 1"=200' showing each lot Within 600' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. 4. · 100' Radius Occupants/Address List and Labels (for coastal zone/CDPs only): One (1) list of the occupants/addresses located within a 100' radius of the· project site; and two (2) sets of labels (as described in "A" above) of the addresses within a 100' radius. B. Fees and Deposit for Publication of Notices: See Fee Schedule for amount. VIII. SPECIFIC APPLICATION REQUIREMENTS ' (May apply to single family, regular and minor coastal dev'elopment permits) Coastal Overlay Zones require additional information to be submitted as follows: (refer to the Municipal Code for a full description): A. Coastal Agriculture Overlay Zone .. Page 6 of 8 Form 15 1. Refer to the Carlsbad Municipal Code Section 21.202.060 for specific requirements. B. Coastal Resource Protection Overlay Zone C. 1. Slope analysis/mapping for 25% and greater subject to Section 21.203.040 of the Carlsbad Municipal Code. 2. Topographic and vegetation mapping/analysis subject to Subsection 21.203.040(6)(1) of the Carlsbad Municipal Code, if project is located along the first row of lots bordering Buena Vista Lagoon including the Lagoon mouth. 3. Topographic, drainage and wetland mapping subject to Subsections 21.203.040(8)(2)(a) and (b) of the Carlsbad Municipal Code if located east of Interstate 5 in the Batiquitos Lagoon watershed. 4. Drainage study subject to Subsection 21.203.040(8)(3) of the Carlsbad Municipal Code if project is located west of existing Paseo del Norte, west of Interstate 5 or along El Camino Real immediately upstream of existing storm drains. · 5. Geologic report addressing landslides and slope stability subject to Subsection 21.203.040(8)(4) of the Carlsbad Municipal Code. 6. Geologic report addressing land slides and seismic hazards subject to Subsection 21.203.040(C) and (D) of the Carlsbad Municipal Code. Coastal Shoreline Development Overlay Zone 1. Geotechnical report subject to 21.204.110 if p~oject is located adjacent to an existing seabluff edge between the sea· and the first public road parallel to the sea; also may be required by Planning Director if deemed necessary consistent with Section 21.204.110 of the Carlsbad Municipal Code. 2. Show all structures and decks on adja.cent north and south properties to perform "stringline" test subject to Subsection 21.204.050(8) of the Carlsbad Municipal Code. 3. Unless otherwise submitted project in this zone must also be submitted with plans showing: a. Boundaries and topography b. Existing and proposed structures c. Circulation d. Drainage e. Finished topography f. Landscaping D. Coastal Resource Overlay Zone Mello l LCP Segment 1. Erosion, sedimentation and drainage report subject to Section 21.205.060 of the Carlsbad Muni~ipal C~de if project is located in the Batiquitos Lagoon watershed. · 1/01 Page 7 of8 • IX. REQUIRED COASTAL PERMIT FINDINGS Approval of a regular or minor coastal development permit is based on the ability to make three coastal related findings. These three findings are presented below for your review and il')formation. 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies. •\ 2. That · the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act. 3. That the development conforms with any applicable decision pertinent to this proposal and/or site as set by the Coastal Commission on a previously related appeals decision per Public Resources Code §30604(c). Page 8 of 8 .. " V,' ,'!.: ,,.t e e _C_i ____ t y,_o_f-W""'lfiiC~ a r Is bad DJSCLOSURE STATEl\'IENT Applicant's statement ·or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names· and addresses of ALL persons having a financial interest i:Q the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO Th1DIVIDUALS 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 separ.ate ·page may be attached if necessary.) ( Person Jc? ~"" {1. L{q < v:~ ~ Corp/Part ___________ _ Title fce.J Title ______________ _ Address / 8 J 7 F~J"-k ~ Address---''------------ {.,< .rd Z ff-Ct "'J 0 v.7 O\Vl\1ER (Not the owner's agent) Provide the CO:MPLETE, 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, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE Th1DICATE 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 :J CJ L"' fr~ !Cc:-( Title pf e Address / 25 3 ~ cr:r eJ'\. l;,..... l"l r I :ff. tc -i-o v7 Corp/Part _____________ _ Title ~----------------- Address _____________ _ 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @ • • 3. NON-PROfIT ORGAI\TJZATIO:\" OR TRUST If any person identified purs\,lant 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 organizaticm or as trustee or beneficiary of the. Non Profit/Trust,__ _______ _ Nort Profit/Trust ------------Title ____________ _ ·Title ______________ _ Address _____________ _ Address _____________ _ 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes D No lfyes, please indicate person(s): _____________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to tJle best of my knowledge. '-f-70-0; Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type na111e of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 • Page 2 of 2 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: AoArns: sr. &i!1ro,r1u PLAiJ APPLICANT NAME: 3oH>J '5,; CLA:IR.E 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: lo>JS1tvc(JotJ 6F £/J/t,.,L'f Fhl!LY flE~l0£Jr)c(E ~;J e'(/sT!NCrt l.OT 1,v/ PRoPos&I> f31JVJJD1tflY Af>Yv~rmt,.;r, ~ UA-BrrA-r WILL Bl: PRE~EIZvED PE.I;. Glf'{ L.E.r(ef?. DA-reo J,41"'~,+,tY M,zooo. Project Description 10/96 Page 1 of 1 . , ' .• PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: _____ s_t_._c_l_a_i_r_e_R_e_s_i_d_e_n_c_e ___________ _ APPLICANT NAME: ____ J_o_h_n_s_t_._c_1_a_i_r_e _____________ _ 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: The project consists of the creation of a new single family dwelling and associated grading. The property lies within the City of Carlsbad's Coastal Appeal Zone and is required to apply for a Coastal Development Permit. As part of this application, an·AEIS has neen completed and a Biological Assessment.has been performed. The Biological Report is included in this submittal. Project Description 10/96 Page 1 of 1 e e City of Carlsbad mEmntn•nm1;1,n~N1 DJ SCLOSURE ST A TE1\1ENT Applicant"s staterpent or disclosure of certain ownership interests on all applications which \\ill require ciscretionary action on the pa"rt of the City Council or any appointed Board, Commission or Committee. The follo\\"ing information >IPST be disclosed at the time of application submittal. Your project_ cannot be reviewed until this information is completed. Please print. :'°'ote: Person is defined as "Any individual, firm, co-parmership, joint venture, association, social club, fraternal organization, ·corporation, estate, trust, receiver, syndicate, in .this and .any oilier county, city and county, city .. municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property omier must be provided below. · · I. 2. APPLlCA,.l'\T (N'ot the applicant's agent) . Provide the CO:\JPLETE, LEGAL names and a·ddresses of ALI. persons having a financial interest in. the ·applic.ation. If the applicant includes a· corporation .or partnership, include the names, . title, _addresses .. of all individuals 0\\11ing more than. 10% of the shares. IF NO P.\"'DIVIDUALS OWN MORE THAN 10% OF .THE· SHARES, PLEASE INDICATE NON- APPLICABLE (NIA) IN TIIE SPACE BELOW If a ·publiclv-o\med cornoratton, .include the naines, titles, and. addresses of the corporate office·rs·. (-!':, separf3.te ·page may be attached if necessary.,;).. .~ Person0EAN I?> L/(f.u;7 Corp/Part. _________ _ Title App\~<..~'\ Title ___________ _ Address :fyZfi yY\"-1(,'\}I:) LtrYiL Address ___________ _ C.A«s..:::>5 ~ C...FL 91.o ~"). O\V1\'ER (l'rot the 0\\11er's agent) Provide the CO:\lPLETE, LEGAL names and addresses of ALL persons having any O\\'Ilership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). I(the ov.nership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO ThTIIYIDUALS O\\'N MORE THAN 10% .. 0F THE SHARES, PLEASE IXDICATE NON-APPLICABLE·(N/A) IN THE SPACE BELOW. If a publiclv- owned corooration. in~lude the names, titles, and addresses of the corporate officers. (A ·separate page may be attached if necessary.) Person017t}f\ J312_ j{Gu,7 Title ___ O_t.O_()_R_/L--'--, Address #2J::j rY\\A f,'l)o lfty,fi_ CARLS 6f't0 1 CA '4'2.ovj Title ______________ _ Address _____________ _ 1635 Faraday Avenue• Carlsbad_, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ~ -• ·- 3. .NO='i-PROHT ORGA!\1ZATJO:'\' OR TRUST If any person identified pursuant· to { 1) or (2) abo\·e is a nonprofit oreanization or a trust, list the names and acdresses of A!\"Y person s~n·ing as an officer or director of the non-profit organization or .as trustee or beneficiary of the .. . Non Profit Trust Non Profit/Trust ------------------ Ti.tle ------..a..--------------Title. _____________ _ A d dress ----------------------Address _______________ __;_ __ _ · 4. Have you bd more than S250 worth of business transacted with any member of City staff, · Bo~r~s, Commissio ·, ommittees and/or Council within the past twelve (12) months? o· Yes If yes, please indicate person(s): ________________ _ !\OTE: Attach additional sheets if necessary. Print or type name of owner e of applicant/date· · · . .. (~-~ Print or type name of applicant' . Signature of owner/applicant's agent if applicable/date Pz:int or type name of 01r~er/ap.plicant's agent -~ \, Order Number: 347730 New Century Title Company 505 Lomas Santa Fe, Suite 130 Solana Beach, CA 92075 Diana V. Phone: (858) 847-0321 Fax: (858) 847-0350 Customer Reference: Title Officer: Phone: Buyer: Owner: Property: COMMERCE TITLE 590 Third Avenue Suite 205 Chula Vista, California 91910 Phone (619) 260-8700 -FAX 2904738 Roberta Windisch (619) 260-8700 Patrick Kealy Sean B.E. Kelly Vacant Land -Adams Street Carlsbad, California 92008 11JN 2 1 201}4 Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title insurance contemplated by this report is: CLTA Homeowner's Policy ofTitle Insurance (6/2/98) ALTA Loan Policy with ALTA Endorsement Form 1 Coverage (10-17-92) NOTE: A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR ADDillONAL COVERAGE IS DESIRED. In response to the above referenced application for a policy of title insurance, Commerce Title Insurance Company reports that it is prepared to issue, or cause to be issued, as of the date of the report, a Policy or Policies of Title Insurance describing the land and the estate or interest therein set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability.is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. A National Reputation for Personal Service Commerce Title Insurance Company Preliminary Report Title Officer: RW/je/sj Dated as of J_une 08, 2004 at 7:30 A.M . stat~ or interest at the date hereof is vested in: Order Number: 347730 Page Number: 1 First Regionah_Bank custodian Sean B.E. Kelly as to an undivided 80% interest and Sean B. E. Kelly, a married man as his sole and separate property as to an undivided 20% interest /~nterest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Exhibit "One" Legal Description) Commerce Title Insurance Company Preliminary Report EXHIBIT "ONE" LEGAL DESCRIPTION Order Number: 347730 Page Number: 2 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Parcel B-1: Parcel 1 in the City of. Carlsbad, County of San Diego, State of California, as shown at Page 10178 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, June 27, 1980. Excepting therefrom that portion described in a partial reconveyance was recorded November 22, 1988 as File No. 88-601290 of Official Records more particularly described as follows: That portion of Parcel 1 of Parcel Map No. 10178, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of san Diego County, June 27, 1980 as File No. 80- 204290 of Official Records, described as follows: Beginning at the most Northerly corner of said Parcel 1; Thence along the boundary thereof South 15° 29' 38" East 68.79 feet; Thence South 24° 29' 41" West 124.55 feet to an angle point therein; Thence leaving said boundary North 20° 30' 07'' West, 32.49 feet; Thence North 24° 29' 41" East, 50.68 feet; Thence North 11 ° 58' 08" West, 35.74 feet; Thence North 24° 29' 41" East, 74.87 feet to the point of beginning. APN: 206-192-38-00 Commerce Title Insurance Company Preliminary Report ·. ~ . ' ' 4. Order Number: 347730 Page Number: 3 e date of this report exceptions to coverage in addition to the printed Exceptions and Exclusions in policy form would be as follows: General ·and special taxes and assessments for the fiscal year 2004-2005, a lien not yet due or payable. General and special taxes and assessmen s--f6f1fieflsciyear 2003-2004. First Installment: $1 .38, DELINQUENT f · Penalty: 35.34 Second Installment: $1,353.38, DELINQUE Penalty: $145.34 Tax Rate Area: e ---= ~ P. No.: 206-192-38-00 lien of defaulted taxes for the fiscal year 2002-2003, and any subsequent delinquencies. ,:· ax Rate Area: 09000 A. P. No.: 206-192-38-00 Amount to redeem: $762.97 Valid through: June 30, 2004 Amount to redeem: $NA Valid thr 1:.1gh: NA The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. Assessments, if any, for Community Facility Districts affecting said land which may exist by virtue of assessments maps or notices filed by said districts. 5hunpaid and/or delinquent bond or assessment amounts which may have been removed from the rolls of the county tax assessor and which may have been removed from tax bills and tax default redemption amounts. ~hts, claims or title to water, whether or not shown by the public records. ~ses, grants, exceptions or reservations of minerals or mineral rights appearing in the public d_,/ recur-s 8~ recital contained in the owner's certificate on the map of said tract, which agrees to allow the cross-armsof poles or other similar structures placed along the right of way or certain highways on said map to overhang the abutting property Commerce Title Insurance Company Preliminary Report Order Number: 347730 Page Number: 4 /:n easement for public utilities, ingress and egress and incidental purposes, recorded October 16, 1941 as Book 1252 Page 315 of Official Records. In Favor of: San Diego Gas and Electric Company A ts: land described therein 10 An easement for construction, reconstruction, repairing and/or altering any of the same and incideot~I purposes, recorded April 11, 1944 as Book 1652 Page 472 of Official Records. In Favor of: Wm G. Kerckhoff Company Affects: The exact location and/or extent of said easement is not ~ disclosed in the public records rn of the easement cannot be detennined from record lnfonnation. 11. The .t~rrfis and provisions contained in the document entitled "Public Improvements" /Corded September 28, 1978 as Instrument No. 78-414396 of Official Records. V An easement shown or dedicated on the ~ap as referred to in the legal description For: 20' wide access and utilities and incidental purposes. r As shown on said Map 13. The terms and provisions contained in the document entitled "Agreement" recorded August 20, 1980 as Instrument No. 80-266482 of Official Records. 14hent for public utilities, Ingress and egress and incidental purposes, recorded October 08, 1986 as Instrument No. 86-452761 of Official Records. In Fava~.-San Diego Gas and Electric Company ~-land described therein l~A Certificate of Compliance affecting the herein described property was recorded February 01, 19~1e~No. 88-046387 of Official Records 1L/!he ~~:ms and provisions contained in the document entitled ''The Terms Covenants and Conditions c~tained in Open Space Deed Restriction" recorded May 29, 1992 as Instrument No. 1992-033-1-0.:SO of Official Records. ~s and provisions contained in the document entitled "Reciprocal access and driveway ~~~~~~~maintenance agreement" recorded July 06, 1993 as Instrument No. 1993-0431760 of Official ords. 18. Any boundary discrepancies, rights, or claims which may exist or arise as disclosed by a record of survey Record of Survey No. 14183 Recorded: May 14, 1993 as File No. 1993-0307421 of Official Records Commerce Title Insurance Company Preliminary Report Order Number: 347730 Page Number: 5 deed of trust to secure an original indebtedness of $130,000.00 recorded July 25, 002 as Instrument No. 2002-0623101 of Official Records. Dated: July 03, 2002 Trustor: First Regional Bank custodian Sean B.E. Kelly as to an undivided 80% interest and Sean B. E. Kelly, a married man as his sole and separate property as to an undivided 20% interest Trustee: Rancho Bernardo Community Bank Benefici.1:1ry: Rancho Bernardo Community Bank ~ms an~ provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded October 30, 2003 as Instrument No. 2003-1322230 of Official Records. -- 21. Sta ments of information from all parties to the transaction. Commerce Title Insurance Company Preliminary Report Order Number: 347730 Page Number: 6 ; ..... -.. --. _ ···-··-· .. ··-----~--~-~--INFORMATIO!'."AL NOTES .. ____ ,---~----------··,,_j . 1. There is located on said land a Vacant Land known as Vacant Land -Adams Street, Carlsbad, CA 2. The map attached, if any, may or may not be a survey of the land depicted hereon. Commerce Title Company and/or its underwriter expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. 3. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached . .,.,W·~;sued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Vacant /' Land known as Vacant Land -Adams Street, Carlsbad, California, 92008. 4. If this order is cancelled the charge for the cancellation will be that amount which in the opinion of the Company is proper compensation for its services, but in no event shall the charge be less that the minimum amount required under Section 12404.01 of the State of California Insurance Code. 5. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded July 25, 2002 as Instrument No. 2002-0623099 of Official Records. From: First Regional Bank FBO Sean B.E. Kelly 4869 To: First Regional Bank custodian Sean B.E. Kelly as to an undivided 80% interest and Sean B. E. Kelly, a married man as his sole and separate property as to an undivided 20% interest 6. Short term rate applies. Commerce Title Insurance Company Preliminary Report COMMERCE TITLE Order Number: 347730 Page Number: 7 WIRE TRANSFER INSTRUCTIONS Note: All funds wired for this order ONLY are to be wired to: :BANK:· ·--·~----·~-~C-o~m_e_r-ic-a"-sa_n_k,---E-sc_r,_o_w_A_cc-ountCalif_o_rn_i_a--~----·----·--~----·~--i--·~·--------~------------------~-----~------~·-·---~--------------~---' i I ~BA: ~ li21137522 · ~ - ,FOR ACCOUNT OF: l )BANK ADDRESS: ; l ;REFERENCE FILE 1NO · .. r· __ ........... --·- i 1ATTN: 1 :commerce Title Company -Account #560 -San Diego Title !9920 S. La dti"nega Blvd. Suite 604 - 'Inglewood, CA 90301 1891977611 t47730 ............ _ --........ , .. ,-·--,.,,_,_., -~ - : , Roberta Windisch ----.... , __ ' -:cusTOMER NAME: !Kelly I Kealy j . ~--~ 1 ~ . . ---... _ .......... ,---~------------~-------- :PROPERTY: 1Vacant Land -Adams Street, Carlsbad, California 92008 .. Funds for other transactions by Commerce Title Company must not be combined into wire or funds may be returned. All wires must reference (1) Commerce Title Account #560 -San Diego Title and (2) our File Number or funds may be returned. Commerce Title Insurance Company Preliminary Report NOITCEI Order Number: 347730 Page Number: 8 Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or cont~olled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after-deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local Commerce Title Office for more details. NOITCEII As of January 1, 1991, if the transaction which is the subject of this report will be a sale, you as a party to the transaction, may have certain tax reporting and withholding obligations pursuant to the state law referred to below: In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. The Seller May Request a Waiver by Contacting: Franchise Tax Board Withhold at Source Unit P.O. Box 651 Sacramento, CA 95812-0651 (916) 845-4900 Commerce Title Insurance Company Preliminary Report EXHIBIT A Order Number: 347730 Page Number: 9 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against.loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. 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 notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 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 dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; ( c) resulting in no loss or damage to the insured claimant; ( d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their 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. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Commerce Title Insurance Company Preliminary Report Order Number: 347730 Page Number: 10 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One · I. 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, ( c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. 2. 3. 4. 5. 6. 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. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances 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 public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE Commerce Title Insurance Company Preliminary Report Order Number: 347730 Page Number: 11 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 oy,mership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or 'encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. . 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy; but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; ( c) resulting in no loss or damage to the insured claimant; ( d) attaching or created subsequent to Date of Policy ( 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 the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials ( or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of 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. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Commerce Title Insurance Company Preliminary Report Oraer Number: 347730 Page Number: 12 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 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 dimensions or area of the land or any parcel o( which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental -regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; ( c) resulting in no loss or damage to the insured claimant; ( d) attaching or created subsequent to Date of Policy; or ( e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential . transfer results from the failure: (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. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: I. 2. 3. 4. 5. 6. 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. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances 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 public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and ,regulations concerning: * land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. Commerce Title Insurance Company Preliminary Report 2. The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date Order Number: 347730 Page Number: 13 * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date -unless they appeared in the public records * that result-i.n no loss to you * that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or w~terways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.LT.A. 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 Joss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business Jaws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or ( c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULE B Commerce Title Insurance Company Preliminary Report Order Number: 347730 Page Number: 14 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Environmental protection liens' provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: l. 2. 3. 4. 5. 6. Part Two: 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. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances 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 public records. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE Commerce Title Insurance Company Preliminary Report Dear Customer: Order Number: 347730 Page Number: 15 COMMERCE TITLE PRIVACY POLICY NOTICE While the security and privacy of customer information has always been a priority of the Commerce Title family of companies, recent legislation now requires us to explain to our customers the ways in which we collect and use customer information. The statement attached to this letter is the privacy policy of the Commerce Title family of companies. Commerce Land Title, Inc., Commerce Title Company of New Mexico, LLC, Commerce Land Title Agency, LLC, Commerce Title Agency and Metropolitan Title & Guaranty, Inc. -may issue policies and handle real estate closings in various parts of the country. These companies may do business or operate under the name of "Commerce Title Company" or "Commerce Title Insurance Company." A number of other companies in the family provide other real estate and insurance services. You may review a list of Commerce Title family of companies on our website (www.centextitle.com). The attached Privacy Notice also applies to our website. The Commerce Title family of companies appreciates the trust you place in us when you transact business with us. You trust us with your private, personal information when you purchase title insurance or other services from us. We are committed to protecting the privacy, accuracy, and security of customer information given to us. We do not sell information about you to others. No response to this notice is required, but if you have questions, please write to us: Commerce Title Family of Companies -Privacy P.O. Box 199000 Dallas, Texas 75219-9000. Commerce Title Family of Companies Title Insurance Companies: Commerce Title Insurance Company Title Agents: Commerce Land Title, Inc.; Commerce Land Title Agency, Inc.; Commerce Title Company; Commerce Title Company of New Mexico, LLC; Metropolitan Title & Guaranty, Inc.; Realty Title Professionals, Ltd., LLLP; Venture Title Agency, Ltd., LLLP Insurance Agents: Dundee Insurance Agency, Inc.; Westwood Insurance Agency, Inc.; Westwood Insurance Agency of Arizona; Westwood Insurance Agency of Nevada Ancillary Services: Benefit Asset Management Co.; Metropolitan Tax Services, Inc.; OptimaIS.com, LLC Commerce Title Insurance Company Preliminary Report COMMERCE TITLE PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE ., Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom that information may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of the Commerce Title family of companies. 0 0 0 0 What kinds of information we collect We collect nonpublic personal information about you, and information about your transaction, from the following sources: Information we receive from you on applications, contracts or other forms (such as your name, address, telephone number, or social security number). Information about your transactions that we secure from our files, or from our affiliates or others (such as the identity of the real property you are buying or financing). Information we receive from a consumer-reporting agency. Information that we receive from others involved in your transaction, such as the lender, attorney or real estate broker (such as appraisals, credit reports, land surveys, escrow balances, and sometimes bank account numbers). Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. How we use this information. The Commerce Title family of companies giving this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. 2 Commerce Title Insurance Company Preliminary Report ·-. _ ..... -----.........--.... ... -·-....... ··....:....;.:..=.-· =-'".c.---:...___c'----- I 1-aoo--345-7334 ' ,• 6 S-'<N DIEGO COUNTY ASSESSOR'S MAP Bl< 206 PG 19 ) ~~·--·.--. l I I t I I I I I , 1 , , I I I I I I I ~, I I I I • I I I ~ I l l I I I I I ~I I I l I I.' t l ~I ' I I I I I I I 'J NO SCALE MAP 2152 -BEU.AVISTA ROS 13B83,14163 -., 206-19~ .~200' CHANGES auc OLD NEW:n CUT /32 II ll,,(20 ,., /73:> -=-... , i,,, ,, I.« ci: "' 7 ,,, 2 ""'w ,,.. 30 -1,..-'"" '"" ~ nz /!l ,~ 7,Sl~l'; "' '" -~ b>-n '" ":I'•", 'ii~~ 7/J~ 192 314 -· ~ '538S w,• '"' ~+• Z,•rl-!I~ Ji!. =•Z! RP- /,I/ ~-,t 1,c=z. Z3 <>=-C Z,t/ :JH33 ,,...:,,a /15//Jt;I ~.-: --•= :t·~ lu•3 ~--" ,~ '!'::!. ... ~ ,. a,j4'> ,z r.,'11 21, .fl/.fZ !11: l!J'TZ r~la. H "Z'""'"" ,,., ~ i'1 ,ou 1 -.. 1917 ·- tt>l\R O l 1SS9 -···--·-·-·-~· 1455 Frazee Road Suite 600 San Diego, CA 92108 Phone: (619) 686-2161 0 Commonwealth Commonwealth Land Title Co. 12760 High Bluff Drive Suite 120 San Diego, CA 92130 Attn: Teresa ' \ Your Reference No: 1086306TG · A LAND.AMERICA COMPANY Property Address: Vacant Land RECEIVED MAY 2 0 2002 CITY OF CARLSBAD PLANNING DEPT. Our File No: 01086306 -505-DD Title Officer: Doris Darlek 1455 Frazee Road, Suite 600 San Diego, California 92108 (DDarlek@Landam.com) Phone: (619) 686-2161 Fax: (619) 291-2764 UPDATED PRELIMINARY REPORT Dated as of April 25, 2002 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, Commonwealth Land 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 rea.son of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusion from the coverage of said Policy or Policies are set forth in Exhibit B attached. 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. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is n.ot a written representation as to the condition of title and may not list all liens, ·defects, and encumbrances affecting title to the land. CLTA Preliminary Report Form (Rev 1/1/95) Page 1 File No: 01086306 SCHEDULE A The form of policy of title insurance contemplated by this report is: ALTA Loan 1992 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE as to Parcel A-1 and B-1; AN EASEMENT more fully described below as to Parcel A-2 Title to said estate or interest at the date hereof is vested in: First Regional Bank custodian FBO Sean B.E. Kelly-4869 The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form (Rev 1/1/95) Page 2 File No: 01086306 Exhibit "A" All that certain real property situated in the County of San Diego , State of California, described as follows: PARCEL A-1: Parcel 1 in the City of Carlsbad, County of San Diego, State of California, as shown at Page 12773 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, June 20, 1983. PARCEL A-2: An Easement for Road and utility purposes and drainage over, under, along and across that portion of Parcel 2, in the City of Carlsbad, County of San Diego, State of California, as shown at Page 12773 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, June 20, 1983, designated and delineated on said Parcel Map as "15 foot reservation for drainage utilities and ingress and egress". APN: 206-192-34 PARCEL B-1: Parcel 1 in the City of Carlsbad, County of San Diego, State of California, as shown at Page 10178 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, June 27, 1980. EXCEPTING THEREFROM that portion described in a partial reconveyance was recorded November 22, 1988 as File No. 88-601290 of Official Records more particularly described as follows: That portion of Parcel 1 of Parcel Map No. 10178, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San. Diego County, June 27, 1980 as File No. 80-204290 of Official Records, described as follows: Beginning at the most Northerly corner of said Parcel 1; thence along the boundary thereof South 15°29138: East 68. 79 feet; thence South 24°29'41" West 124.55 feet to an angle point therein; thence leaving said boundary North 20°30'07" West, 32.49 feet; thence North 24°29'41" East 50.68 feet; thence North 11 °58'08" West, 35. 74 feet; thence North 24°29'41" East, 74.87 feet to the point of beginning. APN: 206-192-38 CLTA Preliminary Report Form (Rev 1/1/95) Page 3 File No: 01086306 SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2002 -2003 which are a lien not yet payable. B. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2001 -2002. 1st Installment: Penalty: 2nd Installment: Penalty & Costs: Exemption: Code Area: Assessment No.: $172.39 Not Paid (Delinquent as of 12/11/01) $17.24 $172.39 Not Paid (Delinquent as of 4/11/02) $27.24 $0.00 09000 206-192-34 Said matter affects Parcel 1 C. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2001 -2002. 1st Installment: Penalty: 2nd Installment: Penalty & Costs: Exemption: Code Area: Assessment No.: $563.89 Not Paid (Delinquent as of 12/11/01) $56.38 $563.89 Not Paid (Delinquent as of 4/11/02) $66.38 $0.00 09000 206-192-34 Said matter affects Parcel 2 D. Supplemental taxes, assessed pursuant to the prov1s1ons of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code, of the State of California, for the fiscal year 2001. 1st Installment: 2nd Installment: Supplemental Bill No: $80.03 Paid 8/1/01 $80.03 Paid 12/14/01 809-258-53-70 E. Supplemental taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code, of the State of California, for the fiscal year 2001. 1st Installment: 2nd Installment: Supplemental Bill No: $13.37 Paid 8/1/01 $13.37 Paid 12/14/01 899-258-53-89 CLTA Preliminary Report Form (Rev.1/1/95) Page 4 File No: 01086306 SCHEDULE B -Continued F. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. The recital contained in the owner's certificate on the map of said tract, which agrees to allow the cross-arms of poles or other similar structures placed along the right of way or certain highways on said map to overhang the abutting property. 2. An easement for the document Granted to: Purpose: Recorded: purpose shown below and rights incidental thereto as set forth in a San Diego Gas & Electric Company public utilities, ingress and egress October 16, 1941, in Book 1252, Page 315 of Official Records Affects: Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land. 3. An easement for the document Granted to: Purpose: Recorded: purpose shown below and· rights incidental thereto as set forth in a Wm G. Kerckhoff Company construction, reconstruction, repairing and/or altering any of the same April 11, 1944 in Book 1652, Page 472 of Official Records Affects: The exact location and/or extent of said easement is not disclosed in the public records. 4. A covenant and agreement Executed by: City of Carlsbad and Albert F. Legayee III In favor of: None Shown Recorded: September 28, 1978 as File No. 78-414396 of Official Records Which among other things provides: Pubic improvements 5. An easement for the purposes shown below and rights incidental thereto as shown or as offered for dedication on the recorded map shown below. Map No: Purpose: Affects: Parcel Map No. 10178 20' wide access and utilities As shown on said Map. Said matter affects Parcel 8-1 6. A document subject to all the terms, provisions and conditions therein contained. Entitled: Dated: Executed by: Agreement July 3, 1980 Albert Legaye and the San Coast Regional Commission CLTA Preliminary Report Form (Rev 1/1/95) Page 5 File No: 01086306 SCHEDULE B -Continued Recorded: August 20, 1980 as File No. 80-266481 of Official Records Said matter affects Parcel Al 7. A document subject to all the terms, provisions and conditions therein contained. Entitled: Dated: Executed by: Recorded: Agreement July 3, 1980 Frank Renn and San Diego Coast Regional Commission August 20, 1980 as File No. 80-266482 of Official Records Said matter affects Parcel B-1 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: San Diego Gas & Electric Company public utilities, ingress and egress October 8, 1986 as File No. 86-452761 of Official Records Affects: Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land. Said matter affects Parcel B-1 9. Various matters including, but not limited to, requirements for developing or improving the land, proposed easements, covenants, conditions, restrictions and provisions set forth on Parcel Map No. 12773: Recorded: June 20, 1983 as File No. 83-206839 of Official Records 10. A Certificate of Compliance affecting the herein described property was recorded February 1, 1988 as File No. 88-046387 of Official Records. Said matter affects Parcel B-1 11. An easement for the purposes shown below and rights incidental thereto as shown or as offered for dedication on the recorded map shown below. Map No: Purpose: Affects: 12. An easement document Purpose: Recorded: Parcel Map No. 12773 drainage, utilities, ingress and egress As shown on said Map. for the purpose shown below and rights incidental thereto as reserved in a right of way for road and utility January 9, 1989 as File No. 89-011252 of Official Records CLTA Preliminary Report Form (Rev 1/1/95) Page 6 File No: 01086306 SCHEDULE B -Continued Affects: Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land. Said matter affects Parcel 1-A Said easement has been granted and reserved in various deeds of record. 13. An easement for the document Purpose: Recorded: purpose shown below and rights incidental thereto as reserved in a Road and Public utilities March 22, 1991 as File No. 91-0129922 of Official Records Affects: Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land. Said easement has been granted and reserved in various deeds of record. 14. The terms covenants and conditions contained in open space deed restriction recorded May 29, 1992 as File No. 1992-0331030 of Official Records. 15. A document subject to all the terms, provisions and conditions therein contained. Entitled: Dated: Executed by: Recorded: Reciprocal access and driveway and utility maintenance agreement None Shown Morrow Mortgage Company, Inc., and Audrey Brown July 6, 1993 as File No. 1993-0431760 of Official Records 16. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a Record of Survey 14183, Record of Survey No. Recorded May 14, 1993 as File No. 1993-0307421 of Official Records Said matter affects Parcel B-1 17. Easements and rights of way for road and public utilities, and appurtenances thereto, as reserved and conveyed by various deeds of record. Affects: Parcel A-2 CLTA Preliminary Report Form (Rev 1/1/95) Page 7 File No: 01086306 SCHEDULE B -Continued 18. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: Dated: Trustor: Trustee: Beneficiary: Address: Loan No.: Recorded: $200,000.00 March 7, 2000 North County Custom Homes, Inc., A California Corporation Action Foreclosure Services, Inc., A California Corporation The Joan and C. Robert Karl Revocable Trust dated November 23, 1988, Joan A. Karl and C. Robert Karl as Trustees 1810 Ave Del Mundo #907, Coronado, California 92118 Not Shown April 6, 2000 as File No. 2000-0175999 of Official Records If the above-mentioned deed of trust has been paid, or will be paid prior to or at close of escrow, this Company will require the original note, deed of trust and signed request for reconveyance, or the executed full reconveyance for said deed of trust, prior to closing. Any demand(s) for payoff and/or request(s) for full/partial reconveyance, must be executed by all beneficiaries or their successors in interest and their spouses, if married. In the event said beneficiaries/assignees are represented by an agent, proof of agency must be submitted along with the demand(s) and/or request(s) for full/partial reconveyance. To avoid delays please submit all documents to the Company at least one week prior to closing. If you cannot obtain these documents, please contact us. a) The Company will require that it be provided with either (i) a complete copy of the trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (ii) a Certification, pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter named trust, a form of which is attached. Trust: The Joan and C. Robert Karl Revocable Trust An agreement to modify the terms and provisions of said deed of trust as therein provided Executed by: North County Custom Homes, Inc., A California Corporation and The Joan and C. Robert Karl Revocable Trust dated November 23, 1988, Joan A. Karl and C. Robert Karl as Trustees Recorded: July 27, 2001 as File No. 2001-0527660 of Official Records 19. A deed of trust to secure an indebtedness in the amount shown below, and· any other obligations secured thereby. Amount: $50,000.00 Dated: October 10, 2000 Trustor: St. Claire Properties, A California Corporation Trustee: Action Foreclosure Services Inc., A California Corporation Beneficiary: First Regional Bank, Custodian, FBO C. Robert Karl IRA Address: P.O. Box 85410, San Diego, California 92i86-5410 Loan No.: Not Shown Recorded: October 18, 2000 as File No. 2000-0562201 of Official Records Requirements: CLTA Preliminary Report Form (Rev 1/1/95) Page 8 File No: 01086306 SCHEDULE B -Continued CLT A Preliminary Report Form (Rev 1/1/95) Page 9 of 14 FileNo: 01086306 · INFORMATIONAL NOTES NOTE NO. 1: PRIVACY NOTICE (15 U.S.C. 6801 AND 16 CFR PART 313): WE COLLECT NONPUBUC PERSONAL INFORMATION ABOUT YOU FROM INFORMATION YOU PROVIDE ON FORMS AND DOCUMENTS AND FROM OTHER PEOPLE SUCH AS YOUR LENDER, REAL ESTATE AGENT, ATTORNEY, ESCROW, ETC. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT OUR CUSTOMERS OR FORMER CUSTOMERS TO ANYONE, EXCEPT AS PERMITTED BY LAW. WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE EMPLOYEES WHO NEED TO KNOW THAT INFORMATION IN ORDER TO PROVIDE PRODUCTS OR SERVICES TO YOU. WE MAINTAIN PHYSICAL, ELECTRONIC AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH FEDERAL REGULATIONS TO GUARD YOUR NONPUBLIC PERSONAL INFORMATION. NOTE NO. 2: SENATE BILL 2319 EFFECTIVE JANUARY 1, 1991, ·REQUIRES THAT UNLESS WAIVED BY THE CALIFORNIA FRANCHISE TAX BOARD, A BUYER MUST WITHHOLD FROM ANY SELLER WHO IS NOT A CALIFORNIA RESIDENT, A SUM EQUAL TO 3 1/3% OF THE SALES PRICE OF THE PROPERTY CONVEYED. NOTE NO. 3: THE INFORMATION ON THE ATTACHED PLAT IS PROVIDED FOR YOUR CONVENIENCE AS A GUIDE TO THE GENERAL LOCATION OF THE SUBJECT PROPERTY. THE ACCURACY OF THIS PLAT IS NOT GUARANTEED, NOR IS IT A PART OF ANY POLICY, REPORT OR GUARANTEE TO WHICH IT MAY BE ATTACHED. NOTE NO. 4: AS OF JANUARY 1, 1990, CHAPTER 598, CALIFORNIA STATUTES OF 1989, (AB 512; INSURANCE CODE SECTION 12413.1) BECAME EFFECTIVE. THE LAWS REQUIRE THAT ALL FUNDS BE DEPOSITED AND AVAILABLE FOR WITHDRAWAL BY THE TITLE ENTITY'S ESCROW OR SUBESCROW ACCOUNT PRIOR TO DISBURSEMENT OF ANY FUNDS. ONLY CASH OR WIRED FUNDS CAN BE GIVEN IMMEDIATE AVAILABILITY UPON DEPOSIT. CASHIER'S CHECKS, TELLER'S CHECKS AND CERTIFIED CHECKS MAY BE AVAILABLE ONE BUSINESS DAY AFTER DEPOSIT. ALL OTHER FUNDS SUCH AS PERSONAL, CORPORATE OR PARTNERSHIP CHECKS AND DRAFTS MAY CAUSE MATERIAL DELAYS IN DISBURSEMENT OF FUNDS ON THIS ORDER. IN ORDER TO AVOID DELAYS, ALL FUNDS SHOULD BE WIRE TRANSFERRED. OUTGOING WIRE TRANSFER WILL NOT BE AUTHORIZED UNTIL CONFIRMATION OF THE RESPECTIVE INCOMING WIRE TRANSFER OR AVAILABILITY OF DEPOSITED CHECKS. - WIRING INFORMATION FOR THIS OFFICE IS AS FOLLOWS: UNION BANK 530 "B" STREET SAN DIEGO, CALIFORNIA 92101 BANK NUMBER: CREDIT: ACCOUNT NUMBER: RE: 122000496 Commonwealth Land Title Co. 9100899563 01086306 PLEASE INDICATE COMMONWEALTH ESCROW OR TITLE ORDER NUMBER NOTE NO. 5: THERE ARE NO CONVEYANCES AFFECTING SAID LAND RECORDED WITHIN SIX (6) MONTHS OF THE DATE OF THIS REPORT. Form 2210-11 (6/2/98) Page 10 Exhibit B (Rev. 6/2/98) CALIFORNIA LAND TITLE ASSOCIATION ST AND ARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The fo •. .>wing matters arc 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 l (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relatmg to (Q 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 )and is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmemal regulauon:.. 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 ]and has been recorded in the public records at Date of Policy. (u) Any governmental police po\Ver 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 al1eged ,iolarion affecting the land has been recorded in the public records at Date of Policy Rights of emment domain unless notice of the exercise thereof has been recorded in the public records at Date ofPohcy, 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 whhout knowledge Defects, hens, encumbrances, adverse claims or other matters. (a) whether or not recorded in the public records at Date of Po1icy. but created, suffere~ assumed or agreed to by the insured c1aimant. (b) not known to the Company, not recorded in the public records at Date of Pabey, 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 Dale of Policy, or (e) Resulting in Joss or damage which would not have been sustained if the insured c1aimant had paid \'alue for the insured mongage or for the estate or interest insured by this policy Unenforceability of the lien of the insured rnongage because of the inability or failure of the insured at Date of Policy, or the inabihty or failure of any subsequent owner of the indebtedness to comply with the applicable doing busmcss Jaws of the state in wh1ch the land is situated 5 lm·alidity or unenforceability of the hen of the insured mortgage, or claim thereof, which anses out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law 6 Any claim. which arises out of the transaction vesting in the insured the estate or interest insured by this pohcy or the transaction creating the interest of the insured 1endcr, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I TI1is policy does not insure agamst loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of. I. 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 re.suit in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2 Any facts, rights, interests, or claims which are not shown by the public records but which could be ascmained by an inspection of the land which may be assened by persons in possession thereof 3. Easements, 1iens or encumbrances, or clain,s thcreo~ which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey wou]d disclose, and which are not shown by the public records 5. (a) Unpatented mining claims~ (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; {c) water rights, c1amis or title to water, whether or not the matters excepted under (a), (b) or (c) arc shown by the public records CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98) EXCLUSIONS In addition to the Exceptions in Schedule B1 You are not insured against loss, costs, attorneys' fees, and expenses resulting from I Governmental police power, and the existence or violation of any Jaw or government regulation. This includes ordinances, laws and regulations concerning: a. building b zoning C land USC d. improvements on the Land e. land division f environmental protection This Exclusion does not apply to ,iolations 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 descnbed in Covered Risk 14, 1 S, l 61 17 or 24. 2 The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Pub1ic Records at the Policy Date. 3 The right to taJce the Land by condenming it, unless· 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 Risks: a. that arc created, aUowcd, or agreed to by You, whether or not they appear in the Public Records; b that are known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date, c. that result in no loss to You, or d that first occur after the Policy Date -this docs not limit the coverage described in Covered Risk 7, Sci, 22, 23, 24 or 25. Failure to pay value for Your Title Lack of a right" to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and in streets, alleys, or waterways that touch the Jami This Exclusion does not limit the coverage described in Covered Risk I l or l 8. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-2-87) EXCLUSIONS 1n addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys• fees, and expenses resulting from: 1 Governmental police power, and the existence or violation of any Jaw or government regulation This includes building and zonmg 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 docs not limit the zoning coverage described in items 12 and l 3 of Covered Title Risks The right to take the land by condemning it1 un]ess; A notice of exercising the right appears in the public records on the Policy Date The taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking Title Risks That arc created, allowed, or agreed to by you That are known to you, but not to us, on the Policy Dale -unless they appeared in the Public Records That result in no loss to you That first affect your title after the Policy Date-this does not limit the ]abor and material lien coverage m Item B of Covered Title Risks Failure lo 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 Form 2210-11 (6/2/98) Page 11 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITil ALT A ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The foUowing matters arc expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of. 1 (a) Any 1aw, ordinance or governmental rcgulat1on (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relatmg 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} env1ronmcntal protectton, or the effect of any violation of these laws, ordinances or go\'emmcntal regulations. except to the extent that a notice of the enforcement thereof or a nouce of a defect, lien or encumbrance resulting from a violation or a1Jeged violation atfecung the land has been recorded in the pubhc records al Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exerctse thereof or a notice ofa defect, lien or encumbrance resulting from a violation or alleged violation effecting 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 m the public records at Date of Policy, but not excluding from CO\'eragc any taking which has occurred prior to Date of Policy which would be binding on the rights ofa purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters· (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; 1 (c) resulting in no Joss or damage to the insured claimant; (d} attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to 8.$SCSsments for Stred: improvements under construction or completed at Date of Policy), or (e) resulting in Joss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. Unenforccability of the lien of the insured mongage because of the inability or failure of the insured at Date of Policy, or the inabilrty or failure of any subsequent owner of the 1ndebtedness, to comply with applicable doing business laws of the state in which the land is situated 5. Invalidity or uncnforccability of the lien of the insured mortgage, or claim thereof, which arises out of the rransaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6 Any statutory lien for services, labor or materials (or the claim of prionty of any statutory lien for services, labor or materials O\'er the lien of the insured mortgage) arising from an improvement or work which at Date of Policy the insured has advanced or is obligated to advance 7. Any claim which arises out of the transaction creating the interest of the mortgagee insured by this Policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' n"ghts laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent con\'eyance or fraudulent traJ'lsfcr, or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a pre (a) to timely record the instrument of transfer, or (b) of such rccordation to impart notice to a purchaser for \'8lue or a judgment or lien creditor The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclwions from Coverage, the Ex:ccpttons from Coverage in a Standard Coverage policy will also include the following General Exceptions· EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys• fees or expenses) which arise by reason of. I. Taxes or assessments which arc 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 pubic records. 2. Any facts, rights, interests or claim which arc not shown by the public records but which could be ascertained by an inspection of the land or by mak.fag inquiry of persons in possession thereo[ 3. Easements, liens or encumbrances, or claims thereof. which arc not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which arc not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights. claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) And AMERICAN LAND TITLE ASSOCIATION LEASEHOLD 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 Joss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordmances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of nny improvement now or hereafter erected on the land; (iii) a scparat10n in ownership or n 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 violating affecting the land has been recorded)n the public records at Date of Policy. (b) Any governmental policy 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 orPolicy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date ofPohcy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights ofa purchaser for value without knowledge. 3. Defects, liens, C"Ocumbranccs, 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 lo the date the insured claimant became an insured under this policy, (c} resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by the 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 the 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 ajudgmem or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. 1n addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Po1icy wiH also include the following General Exceptions EXCEPTIONS FROM COVERAGE This policy docs not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of. I Taxes or assessments which are not shown as existing Jicns by the records of any taxing authority that Je,.,ies 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 pubic records. 2. Any facts, rights, interests or claim which arc nol shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which arc not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records January 19, 2000 Mr. John St. Claire •c· It}' North Gounty Custom Homes, Inc. 1839 Fieda Lane Cardiffiby the Sea CA 92071 RE: :P~ 99-54 -Adams Street SFR Dear Mt St. Claire; • of Carlsbad •iah•hiiiifli•Jl~INlll,i§III I have qompleted a preliminary review of the biological study whic~ you.submitted subsequent to your preliminary review ~pplication PRE 99-54 -Adams Street Single~Family Resid~nce. The following items should he addressed prior to'.submitting a formal application forreview. · ! 1. A wildlife survey will be required to determine if there are gnatcatchers or any other sensitive species on site and if the proposed development will result in a take. If the project results in a take of gnatcatchers, then the take will need to be mitigated off-site in kind. 2. No: development may occur in dual criteria slopes (hillsides with 25% or greater slope and coastal sage scrub/chaparral habitat) unless there are extremely unique circmnstances which would preclude reasonable use an4 development of the project. 3. Tuer minimum brush management buffer width shall be as deternrined by the. fire department. You should check with them to determine if a buffer will be required adjadent to the driveway area. The buffer area will ne~ to be thinned per fire department requirements. As such, it will be counted against the project as habitat loss. In view of that fact, you may want to clear the entire buffer zone and replant it with fire resistive/erosion control species. In addition, small isolated pockets of habitat will not be counted towards habitat preservation. Snilill patches of habitat should be removed and replaced with fire resistive planting. 4. The habitat loss-for the project may be averag~ between the two parcels as opposed to individually. A minimum of 67% of the habitat shall be conserved, unless gnatcatchers are present on site (see item #1). 5, The lots may not share the panhandle access' road. Each lot needs to have access via its own panhandle. \ 6. Because the site is very constrained due to slope and habitat, the potential for d~velopment of large homes on tb.e~e sites is highly unlikely. Unless you-are already planning to ·construct m~destly sized homes, you may want to consolidate the parcels to enable you to build one larger home as opposed to two small homes. 1bis wo¥ld also result in reduced habitat impacts. If you h;ave any additional questions, you may contact me at 760-60~-4626. j Sincere1y, $~~N-~ Barbara;Kennedy. AICP Associate Planner BK:cs c: : Chris DeCerbo : Don Rideout 2075 L~s Palmas Dr.• Carlsbad, CA 92009-1576 • ~760) 438-1161 • FAX (760) 438-0894 Ci)· AGUAHEDIONDA LAGOON S.T. CLAIRE RESIDEN·CE CDP 02-24 LOCATION MAP ASSESSOR'S PARCEL No . (SOUTH LOT) PROPERTY ADDRESS: 206-192-38 4588 ADAMS STREET GENERAL NOTES: PIDIRTY IIUIWW Llllii MPmm. tmlWl't LDE =·---mm•""""" a:1. FIU. a.JIiii .1: 1 cur aJN PfD'mm NIIIDIIIY AETAINI• 11\U. 91'UlltDMDtifrUT .... ,_ Drn!I - PROPERTY INFORMATION: Ml!IIIR'I PMCl!I. NII, IIOJTH LOO --ZCN! IJEln,&Al.tllt l'1llfT 'I.WI ll'1MIX MIIIDID!llre CQINJ'l ll:DI Tllri llTIAQC IEIIIDEIEJfT; DfflAIDA IIIUI VAIil IE1UCK M:MJulEmm _,. __ .,,.., , ... IO l"lll NINDI.M H flET NXH:Dllt 10 IIIEr Nnrcr- MM 1'""1 IETIMX JBlJJJIBEm IO REr JtDmUI lxtl RA Clllmt L0n 11. 711 l,JI', ICHICII.. Dl9TRICT CNUINJ IIID=IED ICHDll. DIITRICT IEE! msnucT CNUl&IO IUIIIW'AL EER mtlJllCT U'l?K tll'lllln:T CNUllilO NlMQPJI.. llll!ft tnlffllCT LOT~ OIOUTHLDl) 7,11 Estimated Earthwork Quantities M°ftu:fc1e .. ""1ff 1.00Q a.me YNDI !XPCRT ~~~IRADINII~ OWNBRS STA71lMBNT: :--,.,_..,.,..,._.. _ _.. _....,.....,. liMPHIC tltAt.! i" •!CJ' .. ... .. ,s ! I ~ a I -.I l:ll I ! I ' I I I I t I i I SHEET 1 OF 1 SHEETS