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CDP 07-10; SALEM RESIDENCE LOT 9; Coastal Development Permit (CDP)
.. ·ti) ~.' toroq e CITY OF CARLSBAD e LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR (FOR DEPARTMENT DEPARTMENT USE ONLY) USE ONLY) D Administrative Permit D Planned Industrial Permit 0 Administrative Variance 0 Planning Commission Determination ~ Coastal Development Permit tlC)P Dj·, .0 Precise Development Plan D Conditional Use Permit D Redevelopment Permit 0 Condominium Permit 0 Site Development Plan D Environmental Impact Assessment 0 Special Use Permit 0 General Plan Amendment 0 Specific Plan D Hillside Development Permit D +eRtative PaFGel Ma\3 Obtam from Engineering Department D Local Coastal Program Amendment 0 Tentative Tract Map D Master Plan D Variance D Minor Conditional Use Permit 0 Zone Change D Non-Residential Planned Development D List other applications not specified 0 Planned Development Permit 2) ASSESSOR PARCEL NO(S).: ZIt{ -'-1'-12--oq ~1e.M RetuetAnc ' lDt 9 3) PROJECT NAME: !ffIfk A6>SSUId eM) 126V'EZl>I'1J1tJtIf-tv rv,. 4) BRIEF DESCRIPTION OF PROJECT: 7JtIO S'JllIe'{ "SIllleL6 pMt/LY f/t2II'I6 JUI7H 4~ 15) OWNER NAME (Print or Type) V It/TV> k slrtG/YJ MAILING ADDRESS CITY AND STATE 7) BRIEF LEGAL DESCRIPTION 3 th. MTH'S tfNv 2 M&~ 6} APPLICANT NAME (Print or Type) MAILING ADDRESS TELEPHONE CITY AND STATE ZIP TELEPHONE EMAIL ADDRESS: 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. SIGNATURE DATE LOTO'j 7](AC[ IVO. 63-2. 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 14 Rev. 01107 \X.v Dl Ou2::J PAGE 1 OF 5 e e 8) LOCATION OF PROJECT" 0['37 At-yS'%t /J1 /(cA-1J CtrkL(,;?/2TO l cA~ rzot 1 STREET ADDRESS I ON THE I E;k7f SIDE OF I fbM;5t:7TlIA LN (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I AND I (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE ?$ 10) PROPOSED NUMBER OF LOTS IT] 11) NUMBER OF EXISTING 0 12) PROPOSED NUMBER OJ RESIDENTIAL UNITS OF RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION I rv/{>-1 14) PROPOSED IND OFFICE/ D 15) PROPOSED COMM D SQUARE FOOT AGE SQUARE FOOT AGE 16) PERCENTAGE OF PROPOSED ~17) PROPOSED INCREASE D18) PROPOSED SEWER D PROJECT IN OPEN SPACE IN ADT USAGE IN EDU 19) GROSS SITE ACREAGE I. (; 120) EXISTING GENERAL 1J2.r~) PROPOSED GENERAL D PLAN PLAN DESIGNATION 22) EXISTING ZONING J ~23) PROPOSED ZONING D24) HABITAT IMPACTS ~ IF YES. ASSIGN HMP # 25) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION I/wE CONSENT TO ENTRY FOR THIS PURPOSE. 26) PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION FILED ON THE PROPERTY TITLE IF CONDITIONED FOR THE APPLICANT. CERTAIN APPROVALS (SUCH AS A CONDITIONAL USE PERMIT) RU~ WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST 0V1c~ PROPERTY OWNER SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIRED Form 14 Rev. 01/07 RECEIVED CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: PAGE 2 OF 5 • CITY OF CARLSBAD APPLICATION REQUIREMENTS FOR: COASTAL DEVELOPMENT PERMIT (SINGLE FAMILY REGULAR AND MINOR) COASTAL DEVELOPMENT PERMIT SUPPLEMENTAL APPLICATION (FOR ALL COASTAL DEVELOPMENT PERMITS) This supplemental application is to be filed for any development requiring a Coastal Development Permit issued by the City of Carlsbad. **Application checklist for Non-Single Family Regular Coastal Development Permits covered under separate handout. A proposed project requiring that multiple applications be filed must be submitted prior to 3:30 p.m. A proposed project requiring that only one application be filed must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than I" = 40'.) This supplemental 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: 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 development will 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 (lCBO) 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 also be submitted for consideration by the Planning Director). Please refer to the currentfee schedule for the appropriate $/squarefoot fee rate. => New Residential Square Footage: 'Z,13'-1 square feet x $ 120.n /sq. ft. = $ SCPO, 1t5l2 ~ tTV Residential Addition Square Footage: ______ square feet x $ Isq. ft. = $ __________ _ Any Garage Square Footage: ______ square feet x $ Isq. ft. = $ __________ _ Residential Conversion Square Footage: ______ square feet x $ Isq. ft. = $ __________ _ => Please contact the City of Carlsbad Building Department for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and ManufacturinglWarehouse uses.) ______ square feet x $ __ /sq. ft. = $, ____________ _ COST OF DEVELOPMENT ESTIMA TE: $ __ 5£'\'C. .. /'-IOoL..~f 4--1 ...... fI1)...Ioo£:-.:...... d'O _____ _ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Form 13 Revised I 1106 Page I of7 B. e Do you wish to apply for: • I. A Minor Coastal Development Permit (Under $60,000 cost estimate) D 2. A Regular Coastal Development Permit ($60,000 or more cost estimate) D! C. Street address of proposed development q5J ALYSSYM l(oM D. Assessor's Parcel Number of proposed development 2iL/-442-O&'l E. Development Description: Briefly describe project: CfU.)O ~ S(N(3lf: Ftsn11 LY HoME wrTI-t 4 UJ){?orm s . '3 '12-eA1H S ll-2 CIr1? (2:rAi?ex7 7 ~ flR--c:A kJ rrH C3,A.f?AvE" ~ 3/73<1..::to; FT F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices. etc.) that surround the proposed development to the: North: 51 fV6(f. FMlILY MMb South: ___ ~ ____ ----,--:' ____ -,-~ __________________ _ East: __ --=// ______ :-____ -"'t=.~ _________________ _ West: __ .L< .... ____ --=~ ___ ____" ... / __________________ _ G. Is project located within a I OO-year flood plain? D No II. PRESENT USE OF PROPERTY A. B. Are there existing structures on the property? If yes, please describe. Will any existing structure be removed/demolished? DYes DYes ~ No ,® No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). III. LOT COVERAGE A. Existing and Proposed Building Coverage Landscaped Area Hardscape Area Unimproved Area Existing sq. ft. sq. ft. sq. ft. (Left Natural) sq. ft. • • • • • • • + + + + + + + • + • • • • • • • • Form 13 Revised 11/06 New Progosed Total ~Sq.ft. ( J t!i(lh sq. ft. , 2, t{'2-{ sq. ft. . 'Z/ "1'2/sq. ft. r , l&lz.. , sq. ft. t , l~ z.-sq. ft. , 8 tJ 1 sq. ft. S f27 sq. ft. • • • • • • • • • • • • • • • • Page 2 of7 B. c. Parking: Number of existing spaces Number of new spaces proposed ExistingIProposed TOTAL: Number oftotal 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? Grade Alteration: Is any grading proposed? If yes. please complete the following: z DYes#_ DYes#_ DYes I. Amountofcut _________________________________ _ 2. Amount offill ________________ __ 3. Maximum height offill slope ___________ _ Maximum height of cut slope ___________ _ Amount of import or export ____________ _ DNo ~NO ~No cu. yds. cu. yds. feet feet cu. yds. 4. 5. 6. Location of borrow or disposal site _______________ _ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Form 13 Revised 1 1/06 Page 3 of7 The following materials shall 'SUbmitted for each application or for com.ed applications on a single project. I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right hand corner of plan visible.) A. SITE PLAN -Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Regular Coastal Development Permit on 24" x 36" sheet(s). Each site plan shall contain the following information: 1. GENERAL INFORMATION rna. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prep:1red the maps/plans. ~b. Location, size and use of all easements. mc. 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 location, number and typical dimension of spaces, and wheel stops. ~d. Distance between buildings and/or structures. [:le. Building setbacks (front, rear and sides). @f. Location, height and materials of walls and fences. Og. Dimensions/location of signs. Oh. A summary table of the following (if applicable to the application): 0( 1) Street address and assessor's parcel number. ~(2) Site acreage. ~(3) Existing Zone, and Land Use Designation. !RI( 4) Proposed land use. ~(5) Total building coverage. ~(6) Percent of site to be landscaped. ~(7) Number of parking spaces required/provided. ~(8) Square Footage of open or recreational space (if applicable). 0(9) Cubic footage of storage space (if applicable). Oi. All applicable Fire Suppression Zones as required by the City's Landscape Manual. B. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. Please consult the City Planning and Engineering Department 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: 01. Approximate contours at I' 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 a IOO-foot perimeter of the boundaries of the site. Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable ). 02. Earthwork volumes: cut, fill, import and export. 03. Spot elevations at the corners of each pad. 04. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 05. 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. 06. Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Form 13 Revised 11/06 Page 4 of7 c. BUILDING ELEVA.NS AND FLOOR PLA.t~S -Four (4.oPies for a Minor Coastal Development Permit and four (4) copies a Single Family Regular Coastal Development Permit prepared on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following information: D 1. Location and size of storage areas. D2. All buildings, structures, wall and/or fences, signs and exterior lights. D3. Existing and proposed construction. D4. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). D. COLORED SITE PLAN AND ELEVATION PLAN -Not required with first submittal. It is the Applicant's responsibility to bring one (l) copy of a colored site plan and one (l) set of colored elevations to the Planning Department by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS DA. DB. pc. A completed Land Use Review Application Form. Completed Coastal Development Permit Application. Environmental Impact Assessment 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. DD. Disclosure Statement. DE. Two (2) copies of the Preliminary Title Report (current_within the last six (6) months), 9. Completed "Project DescriptionlExplanation" sheet . .r DG. Property Owner's List and Addressed Labels: NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP, TWO SETS OF THE PROPERTY OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED TO SIGN A ST ATEl\IENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. 1. A type'written list of the names and addresses of all property owners within a 600' radius of the 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. Mailing Labels -tv.'O (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. For any address other than a single-family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial II pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw II pt. Sample labels are as follows: ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 ACCEPTABLE (with APN) 209-060-34-00 MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Form 13 Revised 1 1/06 Page 5 of7 3. 600' Radius Map: A map to scale not less than I "=200' showing each lot within 600' of exterior boundaries of the subject property. Each of these I~)ts shall be cLlnsecLltively 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 (I) 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. III. SPECIFIC PROJECT REQUIREMENTS -(May apply to single family, regular and minor coastal development 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 I. Refer to the Carlsbad Municipal Code Section 21.202.060 for specific requirements. B. Coastal Resource Protection Overlay Zone I. Slope analysis/mapping for 25~ 0 and greater subject to Section 21.203.040 of the Carlsbad Municipal Code. 2. Topographic and vegetation mapping/analysis subject to Subsection 2) .203 .040( 8)( ) ) of the Carlsbad Municipal Code, if project is located along the first row of lots bordering 8uena Vista Lagoon including the lagoon mouth. 3. Topographic, drainage and wetland mapping subject to Subsections 2) .203.040(8)(2)(a) and (b) of the Carlsbad Municipal Code if located east of Interstate 5 in the 8atiquitos 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 EI 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. C. Coastal Shoreline Development Overlay Zone I. Geotechnical report subject to 21.204.110 if project is located adjacent to an existing seabluff edge benveen 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 adjacent 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. 80undaries and topography b. Existing and proposed structures c. Circulation d. Drainage e. Finished topography f. Landscaping D. Coastal Resource Overlay Zone Mello I LCP Segment 1. Erosion, sedimentation and drainage report subject to Section 21.205.060 of the Carlsbad Municipal Code if project is located in the 8atiquitos Lagoon watershed. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Form 13 Revised 11/06 Page 6 of7 IV. REQUIRED COAS. PEIL'\I]T FINDINGS -Approval o. 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 information. 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). • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • t • • • • • • • Form I3 Revised 11/06 Page 7 of7 • PROJECT DESCRIPTION: LOT-09 \VE ARE POPOSING TO BUILD A TWO STORY SINGLE F MnL Y RESIDENCE IN A READY TO BUILD AND GRADED VACANT PAD LOCATED AT 957 AL YSSU11 ROAD CARLSBAD. CA 92011 LOT AREA = 4.408 SQUARE FEET PROPOSED SINGLE FAi\fILY AREA W1TH GARAGE = 3.734 SQUARE FEET PROPOSED SINGLE F AMIL Y AREA \VITHOUT GARAGE = 3.258 SQUARE FEET THE OROPOSED SINGLE F Ai\11L Y RESIDENCE \\1LL HAVE: FOUR BEDROOMS THREE BATHS ONE POWDER ROOM TWO CAR GARAGE • City of Carlsbad IRE,·,,j'ef·I·J4·t'ii·,'4·li DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Councilor 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. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person c~ 1\:\ (ltv' fvrEJZ CorpJPart'--_________ _ Title Title. _____________ _ Address Address --------------------------------------------- 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person V lctz')t<. sptg'V) Title a w I\lfaC:. Co~JPart _____________________ _ Title _____________ _ Address ttl?? 5AN O/I!ilF;oAt!GAddress. _________ _ .:sNV 0 lEBa ~2.-' /0 1635 Faraday Avenue. Carlsbad. CA 92008-7314. (760) 602-4600· FAX (760) 602-8559· WWW.CI carlsbad.ca.us ® • • 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non ProfitfTrust Non ProfitfTrust ~------------------Title _______________ _ Title, _____________________ _ Address -------------------Address _____________________ __ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~NO If yes, please indicate person(s): ______________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. vf~k 'tno/01 Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H ADMIN\COUNTER\DISCLOSURE STATEMENT 12106 Page 2 of 2 • PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: IrkY55a m f?O.AO ()dJElLJfh1£hlT -oq APPLICANT NAME: \f I CIl2R ~ 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 ioformation and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: jW 0 .e,5W fZ Y SIN 0 L€ f?rt\t1lt){ f\c)Mf; w ern 31/~ ~S &-Z-orr<-. @A1<A6& ~l ~ NrrJf 8~ c;.s/734 SQ,Pr. Project Description 10/96 Page 1 of 1 , . • • City of Carlsbad . IRFI.i.ii.iji·JY.fUijukY"1 HAZARDOUS WASTE AL"ID SUBSTAL~CES STATEl\IENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5. I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. o The development project and any alternatives proposed in this application ~ contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: ~E AS owAIBs... Address:, _____________ _ Phone Number: ___________ _ PROPERTY OWNER Name: V ICfZJR sAtETn Address: 1t/02 ::AN 121&720 rl1A:i:' ~nJ 01£&0 Cfy/& Address of Site: q ~ 7 ,4{,'i5SUM I<DA(} local Agency (City and County): Crr-c of ~L?>F2AO Assessor's book, page, and parcel number:,-J.Z/'-=I-i1..s....;,-:....--4..L-l/'---=2.=---~o:::-.qL.-__________ _ Specify Iist(s}: C€tn6SE US r Regulatory Identification Number:, ______________________ _ Date of List:. _____________________________ _ Applicant Signature/Date Property Owner SignaturelDate AdminJCounterlHazWasle 1635 Faracay Avenue. Car'sbad. CA 92006-7314· (760) 602-4600· FAX (760)602-8559· www.CI.carlsbad.ca.us ® • • The Hazardous Waste and Substances Sites (Cortese list) is a planning document used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. Government Code section 65962.5 requires the California Environmental Protection Agency to develop at least annually an updated Cortese List. Below is a list of agencies that maintain information regarding Hazardous Waste and Substances Sites. Department of Toxic Substances Control Vl/Ww.dtsc.ca.gov/database/calsites Calsites Hotline (916) 323-3400 State Water Resources Control Board vvww.swrcb.ca.gov/cwphome/lustis County of San Diego Certified Unified Program Agency (CUPA) Mike Dorsey Chief, Hazardous Materials Division Department of Environmental Health Services Hazardous Materials Management Division Mailing address: P.O. Box 129261 San Diego, CA 92112-9261 (619) 338-2395 Call Duty Specialist for General Questions at (619) 338-2231 fax: (619) 338-2315 vvww.co.san-diego.ca.us """L 1 ~u ~PrN Integrated Waste Management Board vvww.ciwmb.ca.gov 916-255-4021 Environmental Protection Agency National Priorities Sites ("Superfund" or "CERClIS") vvww.epa.gov/superfund/sites/cursites (800) 424-9346 National Priorities list Sites in the United States Vl/Ww.epa.gov/superfund/sites/npl/npl.htm 5/19/03 Order Number: DIV-777S96 (11) Page Number: 1 updated 2-5-2007 First American Title Company Karen Hagen First American Title Insurance Company 124 W. Main St., S. 120 El cajon, CA 92020 Phone: 619-768-4046 Fax: 619-414-94S8 Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: 411 Ivy Street San Diego, CA 92101 Vista Pacifica -Standard Pacific DIV-777S96 (ll) Roy Provence (619)231-4652 (S66}559-1S47 rprovence@firstam.com Standard Pacific Vacant carlsbad, CA PRELIMINARY REPORT In respo'1se to the above referer;ced application for a policy of trtle insuran::e, this companl' hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a PoliCY or Policies of Trt:le Insurance descnbmg the land and the estate or interest therein hereinafter set forth, insuring agaJOst loss which mal' be sustamed 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 carefullv. 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 ttle land. This report (and any supplements or amendments hereto) is ISSUed solely for the purpose of faolitabng the issuance of a policy of title Insurance and no liability IS assomed hereby. If It IS desired that liability be assumed prior to the Issuance of a policy of We insurance, a BIDder or Commitment should be requested. First Amencan 77tJe Dated as of January 25, 2007 at 7:30 A.M. Order Number: DN-777S96 (11) Page Number: 2 The form of Policy of title insurance contemplated by this report is: ALTA owner's western regional 1992 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Standard Pacfic Corp., a Delaware Corporation, which also acquired title as Standard Pacific of San Diego, a california Corporation The estate or interest 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 Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and spedal taxes and assessments for the fiscal year 2007-2008, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2006-2007. First Installment: $159.11, DEliNQUENT Penalty: $15.91 Second Installment: $159.11, OPEN Penalty: $25.91 Tax Rate Area: 09027 A. P. No.: 214-442-0S-00 Affects: lot S 3. General and special taxes and assessments for the fiscal year 2006-2007. First Installment: $159.11, PAID Penalty: $15.91 Second Installment: $159.11, OPEN Penalty: $25.91 Tax Rate Area: 09027 A. P. No.: 214-442-09-00 Arst Amen'ci3n Title .' Affects: lot 9 Order Number: DIV-777896 (11) Page Number: 3 4. General and special taxes and assessments for the fiscal year 2006-2007. First Installment: $80.58, PAID Penalty: $8.06 Second Installment: $80.58, OPEN Penalty: $18.06 Tax Rate Area: 09165 A. P. No.: 214.642-31-00 Note: affects that portion in lot 238 5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. 6. Abutter's rights of Ingress and egress to or from Poinsettia Lane adjacent thereto have been dedicated or relinqUished on the filed Map. 7. The terms and provisions contained in the document entitled "Memorandum of Agreement" recorded February 16, 1984 as instrument no. 84-059295 of Official Records. Executed by and between Standard Pacific, a california Corporation, carlsbad Investors Limited, a California Limited Partnership and Pacesetter Homes, Inc. a california Corporation. 8. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded November 6, 1984 as instrument no. 84-419115 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference[ limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604( c), of the United States Codes or Section 12955 of the california Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. A document entitled "AsSignment of Declarant's Rights!! recorded December 30, 1986 as instrument no. 86-621590 of Official Records. Document(s) declaring modifications thereof recorded April 21, 1994 as instrument no. 94- 266414 of Official Records. 9. An easement for Common Maintenance Area Easement Vista Pacifica (Phase 9) and incidental purposes, recorded October 21, 1986 as instrument no. 86-474724 of Official Records. In Favor of: Vista Pacifica Property Owners Association, a california NonProfit Mutual Benefit Corporation Affects: Lot 8. All portions of each Lot within the Servient Tenement; Excepting therefrom the following portions of each such Lot: First American Title -' • Order Number: DIV-777896 (11) Page Number: 4 (1) that portion upon which a residential structure was built by Grantor as the same may change pursuant to the consent of Grantee of its Architectural Committee. (II) those portions consisting of private yards, private patios or private gardens separated from other portions of such lot by fences or walls installed by Grantor as the same may change pursuant to the consent of Grantee or its Architectural Committee. 10. The terms and provisions contained in the document entitled "cable Television Bulk Billing Agreement and Grant of Easement" recorded December 8, 1994 as instrument no. 94-702967 of Official Records. Executed by and between Daniels cablevision, Inc. and Vista Pacifica Property Owners Association. The location of the easement cannot be determined from record information. 11. A Notice of Special Tax Lien (Community Facilities District No.1) as disclosed by an Instrument recorded May 20, 1991 as File No. 91-0236959 of Official Records. 12. The fact that said land lies withm the Community Facilities District No.3 of carlsbad Unified School District, as disclosed by Instrument recorded May 16, 1995 as File No. 1995-0205176 of Official Records. 13. The fact that said land lies within the Amended Annexation Map No. 1 to boundaries of Community Facilities District No.3, as disclosed by Instrument recorded June 16, 1995 as File No. 1995-0254037 of Official Records, and Amended Annexation Map No.5, recorded September 20, 2001 as Rle No. 2001-0676493 of Official Records. 14. The terms and proVisions contained in the document entitled "City of carlsbad Resolution No. 97- 528" recorded July 22, 1997 as File No. 1997-0349124 of Official Records. 15. The fact that said land lies within the Amended Annexation Map No.3 to boundaries of Community Facilities District No.3, as disclosed by Instrument recorded March 11, 1999 as File No. 1999-0157103 of Official Records, and Amended Annexation Map No.5, recorded September 20,2001 as Rle No. 2001-0676493 of Official Records. 16. Covenants, conditions, restrictions and easements in the document recorded July 3, 2000 as File No. 2000-0351071 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the california Government Code. lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shan not be construed as restrictions based on familial status. 17. The terms, provisions and fees disclosed by Amendment to Notice of Special Tax Uen regarding Annexation No.5 to Community Facilities District No.3 of the carlsbad Unified School District, recorded October 19, 2001 as File No. 2001-0758809 of Official Records. Also amendment thereto was recorded November 26,2003 as Rle No. 2003-1418263 of Official Records. Rrst American Title .' : Order Number: DIV-777896 (11) Page Number: 5 18. The terms and provisions contained in the document entitled "Notice and Waiver concerning proximity of the planned or existing Poinsetta Lane and Aviara Parkway Transportation Corridors case no. CT 98-14" recorded April 1, 2003 as Instrument No. 2003-0362109 of Official Records. 19. The terms and provisions contained in the document entitled "Notice concerning Aircraft Environmental Impacts case no. cr 98-14" recorded April 1, 2003 as Instrument No. 2003- 0362110 of Official Records. 20. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded April 21, 2003 as Instrument No. 2003-0459091 of Official Records, 21. An easement for public utility and access and inddental purposes, recorded September 22, 2003 as instrument no. 2003-1159855 of Official Records. In Favor of: 1he aty of carlsbad Affects: lot 238 22. An easement shown or dedicated on the Map as referred to in the legal description For: emergency access and incidental purposes. Affects Lot 238 23. Abutter's rights of ingress and egress to or from lot 238 in and to Alyssum Road adjacent thereto have been dedicated or relinquished on the filed Map. ---- 24. The following recitals as shown on Map no. 14841, to wit: a. Proposed 2'wide ditch per SDRSD Std. D-75 type B (cross lot drainage easements reserved hereon. affects: lot 238A Note as shown on Map No. 14841 as follows: Sight Distance Corridor requirements exist on Lots 55,86,97, 108, 114, 115, 123, 130, 146, 148, 174, 176, 177, 197, 198, 211, 212 and 213. The Lots have boundaries that are formed by the intersection of two local streets. The sight distance corridor shall be the triangle formed by measuring 25 feet from the point of curb return on the curb line and drawing a line. 25. An easement for facilities and equipment for the delivery of video, audio and Internet access system and incidental purposes, recorded November 5, 2004 as instrument no. 04-1054077 of Official Records. In Favor of: Affects: Highland carlsbad Operating Subsidiary, Inc. d/b/a Adelphia cable Communications The location of the easement cannot be determined from record information. First American Title .' 26. Order Number: DN-m896 (11) Page Number: 6 Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded November 10, 2004 as instrument no. 04-1070454 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, marital status, ancestry, disability, handicap, familial status, national Origin, source of income (as defined in california Government Code 12955(p», to the extent such covenants, conditions or restrictions violate lltle 42, Section 3604(c), ofthe United States Codes. lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Note: You may wish to contact the homeowners association referred to in the above document for information regarding assessments, transfer requirements or other matters. A declaration of annexation recorded October 10, 2005 as Instrument no. 05-0874240 of Official Records. 27. An easement for public street and public utility and incidental purposes, recorded September 1, 2006 as instrument no. 06-0626905 of Official Records. In Favor of: City of carlsbad Affects: a portion of Parcel 2 as described therein 28. An easement for public utility and access and incidental purposest recorded December 18, 2006 as instrument no. 06-0894707 of Official Records. In Favor of: the City of carlsbad Affects: a portion of parcel 1 as described therein 29. Conditions and/or requirements in Certificates of Compliance recorded March 7, 2006 as instrument no. 06-0156681 and recorded December 18, 2006 as instrument no. 06-0895705, both of official records. 30. The requirement that prior to closingt a quitclaim deed from James Hicks and Wanda Hicks, husband and wife, as owners of adjoining landt which has had a portion of the adjoining street to said land vacated and must relinquish their right to said vacated street within land herein described (Jot 8), be recorded in favor of the vestee herein. first Amencan Title Order Number: DIV-777896 (11) Page Number: 7 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, induding any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. The map attached, if any, mayor may not be a survey of the land depicted hereon. First American 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. Am American Title Order Number: DIV-777896 (11) Page Number: 8 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Parcell: All that portion ofthe following described land, being lot 8 of Carlsbad Tract No. 83-2, Unit No.1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10815, filed in the Office of the County Recorder of San Diego County, January 10, 1984, that portion of Lot 238 of Carlsbad Tract No. CT 98-14-03, as shown on map No. 14841 filed July 26, 2004 in said Recorder's office and that portion of Alyssum Road vacated per City of Carlsbad City Council Resolution recorded December 18, 2006 as instrument no. 06-0894703 of official records, described as a whole as follow: Commenting at the most westerly corner of lot 7 of said Map no. 10815; thence along the northwesterly line of said lot 7, North 50 degrees 30'OS" East 45.12 feet to the most northerly corner of said lot 7 and the TRUE POINT OF BEGINNING; thence along the northeasterly line of said lot 7 South 35 degrees 23'52"East 104.88 feet to the most easterly comer of said lot 7; thence along the southeasterly prolongation of said northeasterly line South 35 degrees 23'52" East 4.00 feet; thence South 20 degrees 53'39" west 17.45 feet to a point on the southeasterly line of said vacated Allyssum Road parcel and the beginning of a non-tangent curve concave southerly having a radius of 50.00 feet, a radial line of said curve from said point bears South OS degrees 01'32" West; thence along said curve and southeasterly line and along the northeasterly line of Allyssum Road per Document no. 2006-0894707 recorded December 18, 2006 easterly 33.89 feet through a central angle of 38 degrees 50'06"; thence non-tangent from said curve North 43 degrees 01'12" East 31.14 feet to the southerly prolongation of that course in the easterly line of said lot 238 shown as "North 00 degrees 31'16" East 112.77 feet"; thence along said southerly prolongation and easterly line North 00 degrees 31'16" East 135.89 feet and North 56 degrees 52'20" East 6.95 feet to the northeasterly line of said lot 238; thence along said northeasterly line North 47 degrees 09'37" West 40.83 feet to the northeasterly prolongation of the northwesterly line of said lot 7; thence along said prolongation and the northwesterly line of said lot 8 South 50 degrees 30'08" West 109.78 feet to the TRUE POINT OF BEGINNING. Said land is described as Parcel 2 in Certificate of Compliance recorded December 18, 2006 as instrument no. 06-0894705, official records of San Diego County. Parcel 2: That portion of lot 9 of Carlsbad Tract no. 83-2 in the City of Carlsbad, County of San Diego, State of California as shown on Map no. 10815, filed in the office of the county recorder of San Diego County January 10, 1984, described as follows: Beginning at the most northerly corner of said lot 9; thence along the easterly line of said lot South 00 degrees 31'16" West 143.88 feet; thence North 89 degrees 28'44" West 15.02 feet; thence South 64 degrees OS'4S" West 23.90 feet to the easterly comer of lot 10 of said map no. 10815, said comer bemg an angle point in the southwesterly line of said lot 9; thence along said southwesterly line and the northwesterly line of lot 9 through the following courses: North 35 degrees 49'39" West 103.76 feet to a point on a non-tangent curve concave southeasterly and having a radius of 470.00 feet, a radial line of said curve from said point bears South 35 degrees 49'39" East; thence along said curve northeasterly 3.52 feet through a central angle of 00 Rrst American Tlfie Order Number: DIV-777896 (11) Page Number: 9 degrees 25'47"; thence tangent from said curve North 54 degrees 36'08" East 117.40 feet to the point of beginning. Said land is described as Parcel 1 in Certificate of Compliance recorded March 7, 2006 as instrument no. 06-0156681, offidal records of San Diego County. APN: 214-442-08,09,214-642-31 W.O.P. A"rst American Title NOTICE Order Number: DIV-777896 (11) Page Number: 10 Section 12413.1 of the california Insurance Code, effective January I, 1990, requires that any title insurance company, underwritten title company, or controlled 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 Rrst American Office for more details. Am Amencan Title EXHmITA Order Number: DIV-777896 (11) Page Number: 11 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POUCY TYPE) 1. CAUFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POUCY -1990 SCHEDULEB EXCEPTIONS FROM COVERAGE This poilCY does not insure against loss or damage (and the Company will not pay costs, attomeys' 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 aLJthority that levle5 taxes or assessments on real property or by the public records. Proceedmgs by a public agency which may result in taxes or assessments, or notice of SLlch proceedIngs, whether or not shown by the records of such agency or by the pubhc records. =:. Any facts, nghts, Interests, or claims which are not shown by the publIC records bLlt whIch could be ascertained by an inspection of the land Dr which may be asserted by persons in possession thereof. 3 Easements, liens or encumbrances, or claims thereof, which are not shown by the pubhc records. -I Dlscrepancle5, conflicts in boundary hnes, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the publiC records. (a) Unpatented mining dalms; (b) reservatIons or excepbons in patents or In Acts aLJthorizing the ISSUance thereof; (c) wat2r nghts, 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 WII! not pay loss or damage, costs, attorneys' fees or expenses which anse by reason of: I. Ca) Any law, ordinance or governmental regulatIon (mdudlng but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to 0) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of anI' improvement now or hereafter erected on the land; (Jli) 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 anI' violation of these laws, ordinances or govemmental 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 affectmg 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 publtc records at Date of Policy. 2. RIghts of eminent domam unless notice of the exercise thereof has been recorded in the public records at Date of Policy, bLlt notexduding 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 daims or other matters: (a) whether or not recorded in the public records at Date of POliCY, but created, suffered, assumed or agreed to b'i the insured claimant; (b) not kno .... n to the Compan" not recorded in the public records at Date of POlicy, but known to the insured daimant 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 daimant had paid value for the insured mortgage or for the estate or interest insured by this policy. -I. 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 businessft lav.'S of the state in which the land is situated, 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which aTlses 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 daim, which arises aLIt 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 POUCY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 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 10 ownership or a reduction In the dimen5ions of area of the land, or the effect of any Violation of any such law, ordinance or govemmental regulatIon. Rights of emJOent domain or governmental nghts of police power unless notice of the exerCise of such nghts appears in the publiC records at Date of Policy. Defects, liens, eocumbrances, 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 bLlt known to the Insured claimant either at Date of Policy or at the date such dalmant 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 SLlch Insured claimant became an Illsured hereunder; (c) resulting In no loss or damage to the inSLIred claimant; (d) attaching or Rm American Title Order Number: DIV-777896 (11) Page Number: 12 created subsequent to Date of Policy; or (e) resutting in loss or damage which would not have been sustained if the insured claimant had paid value fur the estate or Interest IOSUred by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY FORM S -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 furth In paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not insure against loss or damage by reason of the matters shown in parts one and two foilowing: Part One 1. 2. 3. 4. 5 6 Taxes or assessments which are not shown as eXIsting liens by the records of any taxing authonty that levies taxes or assessments on real property or by the publtc 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, confltdS in boundary hnes, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shoWn by publiC records. Unpatented mintng claims; reservattOns or exceptions In patents or In Aas authorizing the ISSuance thereof; water rights, dalms or title to water. Any hen, or Tight to a hen, for 5ef'Vlces, labor or material heretofore or hereafter furnished, Imposed by law and not shown by the publIC records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY -1970 WI1H 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 ordmances) 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 wnting by the insured claimant to the Company prior to the date such insured daimant 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 fur 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. Unenforceabihty 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 Wdoing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY -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. SCHEDULES 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 rea! property or by the publIC records. Any facts, nghts, mterests, or dalms 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. Dlscrepanaes, conflicts in boundary tines, shortage in area, encroachments, or any other facts which a correct survey would dISClose, and which are not shoWn by pubhc records. Unpatented minlOg claIms; reservatIOns or excepnons in patents or in Aas authorizing the ISSuance thereof; water rights, daims or title to water. Any hen, or right to a lien, for 5ef'Vlces, labor or matenal theretofore or hereafter furnished, imposed by law and not shown by the publIC records. first American Title Order Number: DIV-777896 (11) Page Number: 13 6. AMERICAN LAND TIIl.E ASSOCIATION LOAN POUCY -1992 WITH A.L T.A. ENDORSEMENT fORM 1 COVERAGE EXCLUSIONS fROM COVERAGE The following matters are expressly exduded 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 (induding bit 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 vlolal:lon or alleged violal:lon affecl:lng the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not exduded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. :!, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of PoIicy, but not exduding 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 dalms, or other matters: (a) whether or not recorded In the pubhc: records at Date of Pohcy, but created, suffered, assumed or agreed to by the Insured daimant; (b) not known to the Company, not recorded In the publiC records at Date of Policy, but known to the insured daimant and not cisdosed in wntmg to the Company by the InsUred c:lalmant poor to the date the InsUred dalmant became an Insured under thIS policy; (c) resulbng In no loss or damage to the Insured dallTlant; (d) attachIng or created subsequent to Date of Poltcy (except to the extent that thIS poItcy Insures the priority of the lien of the insured mortgage over any statutory hen for seTV1Ce5, labor or matenal or the extent insurance IS afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulbng in loss or damage which would not have been sustaIned if the Insured dalmant had pard value for the InsUred mortgage. 4. Unenforceabllity 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 daim thereof, which anses out of the transacbon 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 Pohcy 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 daim, which arISes out of the transaction creabng 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 transacbon creating the mterest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordinabon 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 TIIl.E ASSOCIATION LOAN POUCY -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 exdusions set forth In paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB 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 l\ens by the records of any taXing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, nghts, interests, or claims which are not shown by the public records but which could be ascertained by an inspectJon of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or enc:umbrances which are not shown by the public: records. 4. DlSCrepanoes, c:onflicts in boundary lines, shortage 10 area, encroachments, or any other facts which a correct survey would dtSdose, and which are not shown by public: records. 5. Unpatented mining claims; reservations or exc:epbons In patents or In Acts authorizing the issuance thereof; water rights, daims or trtle to water. 6. Any hen, or nght to a hen, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TIIl.E ASSOCIATION OWNER'S POUCY -1992 First American Title Order Number: DIV-777896 (11) Page Number: 14 EXCLUSIONS FROM COVERAGE The following matters are expressly exduded 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 (induding bli: 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 exerdse thereof or a notice of a defect, hen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Pohcy. 2. Rights of eminent domain unless notice of the exerdse thereof has been recorded in the public records at Date of Policy, but not exduding from coverage any taking which has occurred poor to Date of PoliCY which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, hens, encumbrances, adverse dalms, Dr other matters: (al created, suffered, assumed or agreed to by the InsUred clamant; (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 wrrtmg to the Company by the Insured claimant pnor to the date the insured daimant became an InsUred under thIS poliCY; (cl resulting In no loss or damage to the insured dalmant; (d) attaching Dr created subsequent to Date of PolICy; or (e) resulting In loss Dr damage which would not have been sustained If the Insured damant had paid value for the estate Dr Interest Insured by thIS polICY. 4 Any dalm, which arISeS out of the transaction Vestlng In the Insured the estate or interest insured by thIS polICY, by reason of the operatlOn of federal bankruptcy, state Insolvency, or SImIlar creditors' nghts laws, that is based on: (i) the transaction creabng the estate or Interest InsUred by thIS policy being deemed a fraudulent conveyance or fraudulent transfer; or (il) the transaction creating the estate or interest InsUred by this pohcy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; Of (b) of such recordation to impart nobce to a purchaser for value or a Judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY -1992 WI1H 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. SCHEDULEB This policy does not insure against Joss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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 theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN lAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POUCY -1987 EXCLUSIONS In addlbon 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 regulabon. This indudes building and zoning ordlOances and also laws and regulations concerning: "' land use * land division "' improvements on the land * environmental protection This exdusion does not apply to vIOlations or the enforcement of these matters whICh appear in the publIC records at PolICy Date. This exdusion does not limit the zoning coverage described in items 12 and 13 of Covered Trt1e Risks. Rrst American Title 2. The right to take the land by condemning It, unless: Order Number: DIV-mS96 (11) Page Number: 15 * a nottce of exerdsmg 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 wrthout 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 rec:ords * that result in no loss to you * that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. S. 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. 11. EAGLE PROTECTION OWNER'S POUCY CLTA HOMEOWNER'S POUCY Of nnE INSURANCE -1998 ALTA HOMEOWNER'S POUCY OF nnE INSURANCE -1998 Co"ered Risks 14 (Subdhision La" Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary waUl or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In add!oon to the Exceptions 111 Schedule 5, you are not insured against loss, costs, attorneys' fees, and expenses resulbng from: 1. Governmental police power, and the existence or Violation of any law or government regulation. This includes ordinances, lam and regulations concemlOg: a. bUlldmg b. ZOning c. land use d. Improvements on the land e. land division f. environmental protection ThiS exdU510n does not apply to \1olations or the enforcement of these matters if notice of the 'Jiolabon or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The fallure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exdusion does not apply to violations of build,ng codes if nobce of the violation appears in the Public Records at the Policy Date. 3. The right to take the land by condemning it, unless: a. a notice of exerasing the right appears in the Public Records at the Policy Date; or b. the taking happened before the PoliCY Date and is binding on You if You bought the land without Knowing of the taking. 4. RISks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Rec:ords at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, S.d, 22, 23, 24 or 25. S. Failure to pay value for Your Title. 6. lack of a nght: a. to an)' land outside the area speCifically described and referred to m paragraph 3 of 5...-iiedule A; and b. in streets, alleys, or waterways that touch the Land. This exdusion does not limit the coverage described in Covered Risk 11 or 18. 12. SECOND GENERATION EAGLE LOAN POUCY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS fROM COVERAGE Tr.e 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 anse by reason of: 1. (a) Any law, ordll1ance or governmental regulation (including but not limited to bUilding and zoning law5, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (il) the character, dimensiOns or locabon 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 15 or was a part; or (rot) environmental protection, or the effect of any ~Iolation of these lam, ordinances or governmental regulatiOns, except to the extent that a notice of the enforcement thereof or a notlce of a defect, hen or encumbrance resulbng from a violation or alleged VIOlation affecting the land has been recorded in the Public Records at Date of Policy. This exdusion Rrst American Title Order Number: DIV-777896 (11) Page Number: 16 does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this poliCY. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12,13,14 and 16 of this policy. 2. Rights of eminent domain unless notice of the exerdse thereof has been recorded in the Public Records at Date of Policy, but not exduding 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 Oaimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant 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; ec) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Pohcy (thiS paragraph does not limit the coverage prOVided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inabihty or failure of the Insured at Date of PoliCY, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable dOlOg business laws of the state in which the Land is sJtuated. 5. Invalidity or unenforceabdity of the lien of the Insured Mortgage, or daim thereof, which anses out of the transactJon evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lencling law. 6. Real property taxes or assessments of any governmental authority which become a hen on the Land subsequent to Date of Policy. This exclUSIOn does not limit the coverage proVided under Covered Risks 7,8 (el and 26. 7. Any claim of IOvalidity, unenforceabilrty or lack of pnonty of the lien of the Insured Mortgage as to advances or modlficabons mac:\e 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 poley. ThIS exclUSIOn does not limit the coverage provided 10 Covered RIsk 8. B. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Pohcy, and aI/Interest charged thereon, over liens, encumbrances and other matters affecllng title, the exIStence of which are Known to the Insured at: Ca) The bme 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 modlficabon than It would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the resic:\ential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclUSion does not apply to violations of building codes if notice of the Violation appears in the Public Records at Date of Policy. SCHEDULEB 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. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: NONE. 13. SECOND GENERATION EAGLE LOAN POllCY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POllCY (10/13/01) WITH REGIONAL EXCEPTIONS When the American Land Title Association loan pohcy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exdusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB 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. Taxes or assessments which are not shown as exISting hens 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 DJSCrepandes. conflicts in boundary hnes, 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; reservabons or excepbons In patents or In acts authonZlng the ISsuance thereof; water nghts, claims or title to water. 6 Any hen, or nght to a hen, for services, labor or matenal theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: Rrst American Tltle I. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: None. Rrst Amencan Title ." . • PRIVACY POUCY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The Rrst American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit: of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthennore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to non public personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electroniC, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights ReselVed ~ ';.';,,~~¥, First American Title Company POR. N.E.1/4 I SEC. 28 I T. 12S. , R. 4W. Plotted Easements Reference Number: 777896 County: San Diego 214-44 214-64 N Detail "A" .//\, . '.I) , "Y,. t A ... o. A ~ 10/2111986#474724 .... [Not Plottable] (Drainage & Incidental) 12/08/1994#702967 .... [Not Locatable] (Cable Television & InCidental) 11105/2004#1054077 .... [Not Locatable] (Right Of Way & InCidental) 09/22/2003#1159855 (Public Utility & InCidental) 09/01/2006#626905 (Public Street, Utility & InCidental) 12/18/2006#894707 (Public Utility, Access & InCidental) Carlsbad Tract No. CT 98-14-03, Map No. 14841 (Emergency Access & InCidental) Flnt American Title Com".ny 240 @ 236 @ -> ~; "" lMN 61V'- 235 @ h Q> t-: 1(,' , \ \ \ I,t{j Tax ID#214-442·08 #214-442·09 #214·642·31 Map not to scale This map Is not a survey of the land dapicted hef'l/(ln You should not rely upon it for any purpose other than orientation to the ganerallocetion of the parcel or p/lrcels depicted Any purpose of an e/lsement that Is noted /s for reference only and you should rely on tha title report issued and /I copy of the document for the exact term and conditions of the easement, Fi~t Amencan Title Company exprassly disr:!lIims any liability for alleged loss or damage Which may result from reliance this map. , # , ...... t ... First American Title Company POR. N.E.1/4 I SEC. 28 I T. 125. I R. 4W. Parcel "1" Parcel'i2" First American Title Comp.ny Location Map Reference Number: 777896 County: San Diego Map not to scale ThiS map IS not a survsy of the land depicted hereon. You should not rely upon It for any purpose other than orientation to the genelBI loca~on of the parcel or parcels depictlKl Any purpose of an easement that Is noted is for reference only Bnd you should I8ly on the hUel8port ISSUed and a CXlPY of the document for the exact term and CXlOOltions of the easement First Amencan Title Company 8Kp18ssly disclaims sny liability for alleged loss or damage which may I8sult from reliance N t