Loading...
HomeMy WebLinkAboutCDP 10-02; LSF5 CARLSBAD HOLDINGS; Coastal Development Permit (CDP)4 CITY CARLSBAD APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Complete all appropriate information. Write N/A when not applicable. Project Name:LSF5 Cartsbad Holdlnqs. LLC Date: s/17/2010 Project Description: l)Lotlfn««dlumiwiit; wid2)Str—twationforaportfonof AvwiklagndiMis Project Address: Awn Ida Encina* btwn Carisbad Boulavard and th« railroad Lot No(s).: land a Map No.: 11290 Number of Lots:j Number of Acres: 253 APN(s):ait-14Q-17Bndl8 Miles of Tralls;ji/ft Owner: Mailing Address LSF5 Carlsbad Holdings LLC 2711N Haskell Ave #1800 Dallas TX 75204 USA Tel: +81-90-6654-7756 Fax: +813-3211-6273 NOliver-Frost@hudson-iapan.co.ip certify that I am the legal owner and that all the above information is true and correct to the best of my knowledge. Signature: ^^'f^^'^ Da'e: I>) t^<^ZDll\ Phone Number: Fax Number: E-mail: Applicant: Mailing Address: Phone Numt5er: Fax Number: E-mail: MltoHcwwfttewMWMhr^Aiifldatii*) gM7 falftxirCwirt, Siiitt »a C«ifal«d.CA 92008 760.929.2288 7W.WJM7 MUcaHoiiwsghwplamilnflxom Signature Civil Engineer: Firm: Mailing Address: Phone Number: Fax Number: E-mail: Tim Carrol <yPay Qwisultante 2710 Lokar AvanuaWtost. Sf. 100 Carisbad. CA 9a)10 Soils Engineer: N/A Firm: Mailing Address: 760-931-7700 7«>-»31-8«0 TlmcOodavconsultantsxom State Registration Number: 55381 Phone Number: Fax Number: E-mail: Slate Registration Number: Additional Comments: 2. IMPROVEMENT VALUATION What water district is the proposed project located in? (check one) Q Carlsbad Municipal Water District O Olivenhain • Vallecitos If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ WA cut N/A cy fill N/A GRADING QUANTITIES remedial N/A cy import _ N/A export N/A cy E-23 Page 1 of 2 REV 4/30/10 ^ C I T V O !" CARLSBAD APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Complete all appropriate information. Write N/A when not applicable. APPLICATION FOR (check all that apply) FOR CITY USE ONLY Project I.D. Drawing Number Deposit /Fees Paid Commente • Adjustment Plat (ADJ) m? fc^oz AOj • Certificate of Compliance (CE) • Dedication of Easement (PR) Type: Type:. • Encroachment Permit (PR) • Final Map (FM) • Grading Plancheck (DWG) 01 Improvement Plancheck (DWG) O Parcel Map (PM) • Quitclaim of Easement (PR) Type: Q Reversion to Acreage (RA) flJ^Street Vacation (STV) • Tentative Parcel Map (MS) • Certificate of Correction (CCOR) • Covenant of Easement (PR) QTSubstantiai Conformance Exhibit (SCE) • Trails • < mile O > mile • Other I APPLICATION ACCEPTE APPlsOfir^S^RlSilVED E-23 Page 2 of 2 REV 4/30/10 CITY OF V CARLSBAD Community & Economic Development v\/ww.carlsbadca.gov May 16, 2011 Howes Weiler & Associates Attn: Mike Howes 5927 Balfour Court, Suite 202 Carlsbad, CA 92008 NOTIFICATION OF APPROVAL OF ADJUSTMENT PLAT AND ISSUANCE OF CERTIFICATE OF COMPUANCE FOR PROJECT ID CDP 10-02 PROJECT NAME LSF5 Carlsbad Holding Note: The Certificate of Compliance shall have no force and effect unless deeds reflecting the new boundaries are recorded (Government Code Section 66412(d)). The purpose of this correspondence is to inform you that the Certificate of Compliance for the project noted above has been signed and forwarded to the city clerk for recordation with the County Recorder's office. After recordation, the recorder's office mails a copy of the recorded document to the city clerk. This process normally takes four to six weeks. The city clerk will enter the recorded copy of the Certificate of Compliance into the city's Document Management System. If you need copies or information regarding said document or would like to know the status of the recordation, please contact the City Clerk's Office or the County Recorder's office. The telephone number to the City Clerk's Office is (760) 434-2808. Ifyou have any project-specific questions, please feel free to contact your project engineer Frank Jimeno via email at Frank.Jimeno@carlsbadca.gov or at (760) 602-2758. Thank you for your cooperation in this matter. Land Development Engineering City of Carlsbad cc: file O'Day Consultants Land Development Engineering Division °m/"n"°n?n 1635Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 HowesWeiler & Associates LAND USE PLANNING ANO CONSULTATION MEMORANDUM „^ ^ DATE: December 21, 2010 TO: Frank Jimeno FROM: Mike Howes SUBJECT: LSF 5 Carlsbad Holdings LLC - Certificate of Compliance Frank as we discussed yesterday, LSF 5 Carlsbad Holdings, LLC has given us direction that it is a goal for their firm to complete the Adjustment Plat process and record the Certificates of Compliance for each new lot by the end of this year. At this time we are working to get the necessary corporate signatures on the Adjustment Plat mylars and the Notice of Restriction required as a condition of approval by the Coastal Development Permit CDP 10-02 and expect to get both of these documents to you in the next few days. We greatly appreciate anything your office can do to help us accomplish our goal of completing this process by the end of this year. In an effort to facilitate the preparation of the Certificate of Compliance we have reviewed and marked up the cover sheet of a recent COC for Carlsbad Oaks North Partners, LP to reflect the information that would be required for the LSF 5 properties. While we were reviewing it we noticed that it appeared to lack some of the information required by section 66499.35 of the Subdivision Map Act, attached. When we compared this COC to the ordinance requirements we noticed that the information required by Sub-Sections 66499.35.(f)(1)(C)(E)(F), underlined does not appear to be on the first page of the City's standard COC form. It appears to us that with a minimal amount of effort these notes could easily be added to the City's standard form for a Certificate of Compliance. We are not attempting to create delays in the process, but believe it is vital that this document be in complete compliance with all applicable requirements of all applicable City and State ordinances to avoid future problems or delays in the process. Cc Christer Westman Glen Van Peski Craig Beam Attachment Tei. 760^929, Fax ^ 760.929.2287 •Q g hwDlgrir 5927 Balfour COL te 202, Carlsbad, CA 9 4C^h CITY OF VXARLSBAD Planning Division www.carlsbadca.gov MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION November 8, 2010 Mike Howes HowesWeiler & Associates 5927 Balfour Court, Suite 202 Carlsbaci, CA 92008 SUBJECT: CDP 10-02 - LSF5 CARLSBAD HOLDINGS, LLC. ADJUSTMENT PLAT The City has completed a review of the application for a Minor Coastal Development Permit for a lot line adjustment between two parcels (APNs 216-140-17-00 and 216-140-18-00) to align with the existing Avenida Encinas right-of-way centerline within the West Batiquitos Lagoon / Sammis Properties Segment ofthe City's Local Coastal Program. It is the Planning Director's determination that the project, CDP 10-02 - LSF5 CARLSBAD HOLDINGS, LLC. ADJUSTMENT PLAT, is consistent with the applicable Coastal Development Regulations (Chapters 21.201 - 21.205) and with all other applicable City ordinances and policies. Further, the project has been found to be categorically exempt from environmental review according to Section 15305 - Minor Alterations in Land Use Limitations, of the California Environmental Quality Act and a notice of exemption will be filed upon project approval. The Planning Director, therefore, APPROVES this request based upon the following: 1. That the proposed lot line adjustment requires no discretionary approvals other than a Minor Coastal Development Permit. 2. That the proposed lot line adjustment is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act and the Public Access section of the West Batiquitos Lagoon / Sammis Properties Segment, in that the parcel 2 is located adjacent to the north shore of the Batiquitos Lagoon which is a protected resource and direct physical access is not encouraged. However, public access to the blufftop providing visual access to the lagoon will be provided on the western portion of Planning Areas G and H, which are within parcel 2, as they are developed with tourist serving commercial uses. Therefore, the project will not interfere with the public's right to physical access to the sea. The site is not suited for water-oriented recreation activities in that although it does abut the boundary of the Batiquitos Lagoon property, water oriented activities on Batiquitos Lagoon are prohibited. 3. That the proposed lot line adjustment is in conformance with the West Batiquitos Lagoon / Sammis Properties Segment of the Certified Local Coastal Program and all applicable policies in that the project is a minor lot line adjustment which does 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © CDP 10-02 - LSF5 CARLSBAD HOLDINGS, LLC. ADJUSTMENT PLAT Novembers, 2010 Paqe 2 not grant any development rights to the site but merely relocates a single property line between two existing parcels. Furthermore, no agricultural activities, sensitive resources, geological instability, flood hazard or vertical coastal access opportunities exist onsite. As parcels 1 and 2 are developed in the future, all water quality best management practices will be applied to protect offsite properties from urban runoff. 4. That the request for a Minor Coastal Development Permit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(B) and (C) ofthe Carlsbad Coastal Development Regulations. 5. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project is ^i * minor lot line adjustment which does not grant any development rights to the site but merely relocates a single property line between two existing parcels. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 6. That the Planning Director has determined that the project is exempt from the requirements ofthe California Environmental Quality Act (CEQA) per Section 15305 - Minor Alterations in Land Use Limitations, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 7. That the proposed revision to lot lines occurs in a flat area of less than 20% gradient and devoid of native vegetation which has been designated for future development by the Poinsettia Shores Master Plan and West Batiquitos Lagoon/Sammis Properties Local Coastal Program subject to the approval of future discretionary permits. 8. That the proposed lot line adjustment does not result in any change in land use intensity or development potential because it will merely be revising an existing lot line to bring it into conformance with the existing boundary between Planning Areas G and F of the Poinsettia Shores Master Plan and West Batiquitos Lagoon/Sammis Properties Local Coastal Program. Parcel 1 will increase in size to 11.04, while Parcel 2 will be reduced in size to 14.26 acres in size. The change in parcel size will not have an impact on land use intensity since Parcels 1 and 2 are still subject to the development standards of the Poinsettia Shores Master Plan and West Batiquitos Lagoon/Sammis Properties Local Coastal Program. The future development of either parcel may only occur with the submittal and approval of subsequent discretionary permits in addition to a Local Coastal Program Amendment for Parcel 1 to establish a Land Use and Zone for Planning Area F of the Poinsettia Shores Master Plan and West Batiquitos Lagoon/Sammis Properties Local Coastal Program. 9. That no new parcels are being created by the approval of the proposed Adjustment Plat; adjusting the lot line between the two existing parcels will bring its location into conformance with the boundary between Planning Areas G and F which follow the Avenida Encinas right-of-way centerline established by the Poinsettia Shores Master Plan and West Batiquitos Lagoon/Sammis CDP 10-02 - LSF5 CARLSBAD HOLDINGS, LLC. ADJUSTMENT PLAT Novembers, 2010 Paqe 3 Properties Local Coastal Program and therefore does not change the boundaries of any developable or open space areas. 10. That the Planning Director has reviewed each of the exactions imposed on the Developer contained in this resoiution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. The Planning Director does hereby APPROVE the Minor Coastal Development ' Permit, CDP 10-02, for the project entitled LSF5 Carlsbad Holdings LLC Adjustment Plat (Exhibits"A-E"), dated November 8, 2010, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 4. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 6. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and CDP 10-02 - LSF5 CARLSBAD HOLDINGS, LLC. ADJUSTMENT PLAT Novembers, 2010 Paqe 4 ^ issuance of this Minor Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation ofthe facility permitted hereby. 7. This approval shall become null and void if ADJ 10-01 is not recorded within 24 months from the date of its approval. 8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pa^ i any applicable Local Facilities Management Plan fee for Zone 9, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this approval will not be consistent with the General Plan and shall become void. 9. Prior to the recordation of ADJ 10-01, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Coastal Development Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a shovying of good cause by the Developer or successor in interest. 10. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00 plus noticing costs. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Christer Westman at (760) 602-4614. Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. CDP 10-02 - LSF5 CARLSBAD HOLDINGS, LLC. ADJUSTMENT PLAT Novembers, 2010 Paqe 5 Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. CITY OF CARLSBAD lo CHRIS DeCERBO Principal Planner CD:CW:lt Coastal Commission (NoFA) Don Neu, City Planner Chris DeCerbo, Principal Planner Frank Jimeno, Project Engineer Glen Van Peski, Senior Civil Engineer File Copy Data Entry LSF 5 Carlsbad Holdings, LLC History The existing lot line configurations for parcels 216-140-17 & 18 reflect a mixture of the proposed alignment for Avenida Encinas established as a part ofthe Batiquitos Lagoon Educational Park Master Plan approved in 1985 and tiie actual alignment of Avenida Encinas approved as a part of the Poinsettia Shores Master Plan in 1994. TTie Poinsettia Shores Master Plan superseded and lepl^^ the Batiquitos Lagoon Educational Park Master Plan. The Batiquitos Lagoon Master Plan proposed a significantly different more circular alignment for Avenida Encinas that was only partially developed on the east side ofthe railroad tracks. The new master plan, Poinsettia Shores, replaced the proposed educational park on the east side of the railroad with residential development. This required a change to the alignment of Avenida Encinas. TTie new Poinsettia Shores Master Plan also changed the boundaries of the Planning Areas to the west ofthe railroad. The Poinsettia Shores Master Plan also serves as the West Batiquitos Lagoon/Sammis Local Coastal Program. Proposed Adjustment Plat As mentioned above the proposed Adjustment Plat will revised the boundaries of Assessor Parcels 216 1-41-17 &18 to reflect the plaiming area boundaries established by the Poinsettia Shores Master Plan and the West Batiquitos Lagoon Local Coastal Program. The boundaries of one parcel will reflect the boimdaries of Planning Areas G & H and a portion of Plamung Area I of the MP/LCP. The attached exhibit shows the boundaries of Planning Areas G, H & I of the Poinsettia Shores Master Plan/West Batiquitos Lagoon/Sammis Local Coastal Program as well as the boundaries ofthe two lots being proposed by tiiis Adjustment Plat. The MP/LCP designates Planning Areas G & H as TR-C Travel Recreational Commercial. All fiiture development in Planning Areas G & H will have to conform to the standards ofthe C-T zone in addition to the requirements of the MP/LCP. No development can occur in Planning Areas G & H without the submittal and City Coimcil ^proval of a Coastal Development Permit and Site Development Permit as well as other discretionary permits at a public hearing. The portion of Plannii^ Area I included within the proposed parcel boundaries is designated as OS, Open Space by the MP/LCP. This area consists of slopes covered with native vegetation as well as a desiltation basin. The remainder of Village I consisted of a portion of Batiquitos Lagoon and was previously conveyed to the State Lands Commission as a requirements of the previous Batiquitos Lagoon Educational Park Master Plan and approved Coastal Development Permit. This previously conveyed land was subject to the Batiquitos Lagoon Enhancement Plan and any activities in that previously dedicated area had to be in conformance with that plan. As explained in the MP/LCP the portion of Planning Area I that is included within the boundaries of one of the proposed parcels is outside the Batiquitos Lagoon Enhancement Plan's implementation area. Never the less no development is allowed or proposed within this area. The other parcel created by the proposed Adjustment Plat will reflect the boundaries of Planning Area F of tiie MP/LCP. This area is designated as UA Unplanned Area by tiie GP/MP/LCP. The UA GP/MP/LCP designation is given to land that needs additional planning prior to development. Per Carlsbad's General Plan in areas with a General Plan designation of UA uses are determined through the zoning ordinance designations of Exclusive Agriculture, Planned Community or Limited Control. Per the existing MP/LCP, a fiiture Master Plan Amendment will be required prior to further development approvals for Planning Area F, and shall include an LCP Amendment with associated environmental review, if determined necessary. The proposed Adjustment Plat does not allow for any development to occur, it merely revises the boundaries of the existing two parcels to bring them into conformance with the Planning Area boundaries of the existing Poinsettia Shores Master Plan and West Batiquitos Lagoon/Sammis Local Coastal Program. Summary Street Vacation The proposed Summary Street Vacation will eliminate excess right-of-way for Avenida Encinas that was previously dedicated as a part of CT 82-18. The alignment of Avenida Encinas shown of CT 82-18 reflected the alignment of Avenida Encinas shown in the pervious Batiquitos Lagoon Educational Park Master Plan which was replaced by the Poinsettia Shores Master Plan/West Batiquitos Lagoon/Sammis Local Coastal Program in 1994. Hie existing alignment of Avenida Encinas reflects the alignment of this road as established by the existing MP/LCP. Unfortunately when the existii^ Avenida Encinas was constructed in 1995 the older non- constructed alignment was never abandoned and still shows on the Assessor Parcel Maps as well as the existing alignment creating confiision. Conclusion The proposed Summary Street in conjunction with the proposed Adjustment Plat will eliminate the excess right-of-way and bring tiie boundaries ofthe two existing parcels into conformance with the existing MP/LCP. Neitiier of these proposed actions either alone or in conjunction will allow any development to occur, they arc merely cl^nup actions. EXISTING PONTO DRIVE EXISTING AVENIDA ENGNAS CARLSBAD BOULEVARD LEGEND ^3 BOUNDARY OF PROPOSED ADJUSTMENT PLAT PLANNING AREA F (POINSETTIA SHORES MASTER PLAN) B[ PLANNING AREA G (POINSETTIA SHORES MASTER PLAN) PLANNING AREA H (POINSETTIA SHORES MASTER PLAN) PORTION OF PLANNING AREA I (POINSETTIA SHORES MASTER PLAN) REMAINING PORTION PREVIOUSLY DEDICATED TO STATE LANDS COMMISSION AS OPEN SPACE PROPOSED ADJUSTMENT PIAT WITH KMNSE^ NOTTOSCALE June 15.2010 Findings for Approval of an Adjustment Plat for the LSF 5 Ponto Holdings Per Section 20.36.020 of tiie Carlsbad Municipal Code Notwithstanding any other provisions of this title to the contrary, the procedure set forth in this chapter shall govern the processing and requirements for adjustment plats. An adjustment plat may be filed in accord vdth the proAdsions of this ch^ter to adjust the boundaries between four or fewer adjoining parcels, provided the city engineer determines that the boundary adjustment does not: 1. Create any additional lots The proposed Adjustment Plat does not create any new lots; it only reconfigures the existing boundaries of Assessor Parcel Nos. 216-140-17 & 18. 2. Involve adjustments between five or more existing adjoining parcels; The proposed Adjustment Plat involves the adjustment of boundaries between only two lots. 3. Include a lot or parcel created illegally unless a certificate of compliance pursuant to Chapter 20.48 of this code has been approved and recordedfor such lot or parcel; The proposed Adjustment Plat does not include a parcel created illegally. The parcels involved (216-140-17 & 18) were created as a part of CT 82-18 in tiie City ofCarlsbad, County of San Diego, State of California, according to m^ thereof No. 11290 fited in the Office of the County Recorder of San Diego County on July 16,1985. 4. Impair any existing access or create a need for a new access to any adjacent lot of parcel; The proposed Adjustment Plat will not impair access or create the need for new access to any adjacent lot or parcel. The proposed Adjustment Plat does not change any of the existing access points to the parcels involved or any adjacent parcels. No development can occur on either of the parcels created by the proposed Adjustment Plat without the City's approval of future discretionary permits. 5. Impair any existing easement or create a need for a new easement; The proposed Adjustment Plat does not impair any existing easement or create the need for a new easement. None of the existing easements are being modified by the proposed Adjustment Plat and the lot lines created by the proposed Adjustment Plat will not create the need for any new easements. The proposed adjustment plat will mt make any changes to existing dedicated right-of-way, it will merely remove old undedicated right of way for Avenida Encinas tiiat has never been used and will never be used. 6. Violate the General Plan or the local coastal plan; The proposed Adjustment Plat does not violate the General Plan or Local Coastal Plan. The proposed Adjustment Plat revises the boimdaries of lots 216-140-17 & 18 to conform to the boundaries of Planning Areas F, G & H of the Poinsettia Shores Master Plan and the West Batiquitos Lagoon/Sammis Local Coastal Program. The Poinsettia Shores Master Plan also serves as the Local Coastal Program for this site and establishes the General Pian and Local Coastal Program designations. Areas G & H are located south of Avenida Encinas and are designated as T/RC (Travel Recreational/Commercial) by Carlsbad's General Plan, the Poinsettia Shores Master Plan and the West Batiquitos/Sammis Local Coastal Program. Per the Poinsettia Shores Master Plan and the West Batiquitos Lagoon/Sammis Local Coastal Program no development can occur on this site without the City's approval of fiiture discretionary pennits, including but not limited to a Site Development Plan and Local Coastal Permit Area F is located north of Avenida Encinas and is designated as UA, (Unplanned Area) by Carlsbad's General Plan, the Poinsettia Shores Master Plan and tiie West Batiquitos/Sammis Local Costal Program. The UA designation indicates areas vfbere planning for future development has not been completed or plans for development have not been formalized. Per tiie Poinsettia Shores Master Plan and Section 21.38.020 of the Carlsbad Municipal Code land uses within this area are limited to those pennitted in tfae Exclusive Agricultural Zone, Section 21.07 of the Carlsbad Municipal Code. No development can occur until the City of Carlsbad and Califomia Coastal Commission have ^>proved a Local Coastal Program Amendment to change the General Plan, Master Plan and Local Costal Program designations ofthis site to designations that will allow for development The boundary changes proposed by tiie Adjustment Plat do not negatively impact any existing or fiiture public roads, access to the coast or any coastal views. The proposed Adjustment Plat modifies the existing lot lines to bring them into conformance with the Planning Area boundaries established by the Poinsettia Shores Master Plan and reflected in the West Batiquitos Lagoon/Sammis Local Coastal Program. The proposed Adjustment Plat has no impact on the existing environmental resources on the site and no development can occur without fiirther environmental review in compliance with condition No. 3. Violate the provisions of Titles 18, 21 or 22 of this code; The proposed Adjustment Plat does not violate any of the provisions of Titles 18,21 or 22 of the Carlsbad Municipal Code. The proposed Adjustment Plat does not allow for any development to occur so it will not violate any ofthe provisions of Titie 18, Building Codes and Regulations. The proposed Adjustment Plat is in conformance with the site's P-C Zoning and existing Master Plan/General Plan/Local Coastal Program so it will not violate any provisions of Title 21, Zoning. There are no historic resources on tiie site and the proposed Adjustment Plat will not allow for any development to occur so it will not violate any ofthe provisions of Title 22, Historic Preservation. The revised lot boundaries are in conformance with the Poinsettia Shores Master Plan and West Batiquitos Lagoon/Sammis Local Coastal Program and do not allow for any development to occur on this site see previous finding 6. A Site Development Plan as well as other discretionary permits processed in accordance with the requirements ofthe Poinsettia Shores Master Plan and West Batiquitos Lagoon/Sammis Local Coastal Program will be required for the development of Planning Areas G & H. No development can occur in Plannii^ Area F unless and until the City processes a General Plan/Master Plan/Local Coastal Program Amendment providing land use desipiations and development standards for this site. Additional environmental review will be required in accoidance with the requirements of CEQA as a part of the processing of any discretionary permits for development ofthis site. 8. Alter the city limit boundary; The proposed Adjustment Plat does not alter any City boundaries. 9. Require substantial alterations to existing public improvements or create a need for a new public improvement; The proposed Adjustment Plat does not require substantial alterations of existing public improvements or create the need for a new public improvement The proposed Adjustment Plat does not allow for any development to occur and does not impact any of the existing utilities or roadways on or adjacent to the site. Additional public improvements may be required in conjunction with any City action modifying the General Plan/Master Plan/Local Coastal Program for the Uiq}lanned Area (PSMP Planning Area F) or a Site Development Plan/Coastal Permit for the development of (PSMP Planning Areas G & H), see previous findings 6 and 7. Additional improvements or modifications to existing improvements may be required by the Califomia Coastal Commission as a part of their review and approval of the Local Coastal Program Amendment to allow for the development of Planning Area F. City documents will have to be modified to reflect any revisions made by the Califomia Coastal Commission. 10. Adjust the boundary between lots or parcels which are subject to an agreement for public improvements unless the city engineer finds that the proposed adjustment plat will not materially affect such agreement or the security therefore. The proposed Adjustment Plat does not adjust the boundaries between lots or parcels that which are subject to any agreements for public improvements, since tiwre are no existing agreements for public improvemente on this site. Future agreemente for the provision of public improvemente will be incorporated as a part of the approval of future discretionary permite, including, but not limited to a GPA/MPA/LCPA for Planning Area F ofthe Poinsettia Shores Master Plan and a SDP/CDP for Planmng Areas G & H. ofthe Poinsettia Shores Master Plan. Conditions: 1. No development can occur in Planning Areas G and H without the submittal and City q>proval of a Site Development Plan, Coastal Development Permit as well as other appUcable discretionary pennite at a public hearing. 2. No development may occur in Planning Area F prior to the City of Carlsbad and the (California Coastal Commission's review and approval at a public hearing of a General Plan Amendment Master Plan Amendment General Plan Amendment as well as otiier applicable discretionary permite at a public hearing. 3. The applicant or property owner must obtain additional Coastal Development Pennite either from the City of Carlsbad or the Califomia Coastal Commission to allow for any fiiture development of tiiis site. Such pennite shall include q)propriate environmental review for determining the ^propriate development envelope. LSF 5 Environmental Review Per section of 15305(a) of the Califomia Environmental (Quality Act (CEQA) the proposed Adjustment Plat is categorically exempt from the requirement for the preparation of environmental documents. 15305 MINOR ALTERATIONS IN LAND USE LIMITATIONS Class 5 consiste of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use intensity, including but not limited to: (a) Minor lot line adjustmente, side yard and setback variances not resulting in the creation of any new parcel; Findings: The revision to lot lines proposed Adjustment Plat does not impact any areas with a slope of greater than 20%. The changes to the existing lot lines occur in flat areas devoid of native vegetation which have been designated for future development subject to tiie approval of discretionary permite by the Poinsettia Shores Master Plan and West Batiquitos Lagoon/Sammis Local coastal P^gram.^^^^^^ ^ ^ /^i = ^3, J^^.e W/^sX/./.^.C The revision to lot lines proposed by the Adjustment Plat does not result in any change in land use intensity. Parcel A will change in size fixim 5.98 acres to 11.04. while Parcel B will change in size from 16.0 acres to 14.26 acres in size. Neither of these changes in size will have any impact on land use intensity or development potential because they will merely be revising existing lot lines and eliminating excess right-of-way to bring them into conformance with the Planning Area boundaries of the existing Poinsettia Shores Master Plan and West Batiquitos Lagoon/Sammis Local Coastal Program. As conditioned no fiiture development of either parcel can occur without the submittal and ^proval of discretionary pennite at a public hearing by tiie City ofCarlsbad. No new parcels are being created by the approval of the proposed Adjustment Plat; the boundaries of the two existing parcels are being revised to bting them into conformance with the Planning Area boundaries established by the Poinsettia Shores Master Plan and West Batiquitos Lagoon/Sammis Local Coastal Program. Hie proposed Adjustment Plat will not impact any environmentally sensitive habitat because the revision to lot lines will occur on the flat portions of the site which are devoid of sensitive habitat and designated for future development The Biological Resources section of the Ponto Beachfront Village Vision Plmi Final Environmental Impact Report (EIR 05-05) SCH #2007031141 shows that the IcH^ation and types of all vegetation on the Ponto area and shows that the proposed changes to the lot lines will not impact any sensitive habitat or change the boundaries of any developable or open space areas. In addition, the Adjustment Plat does not allow for any development to occur. LSF5 CARLSBAD HOLDINGS, LLC REQUEST FOR CITY APPROVAL OF ANADJUSTMENT PLAT PURSUANT TO GOVERNMENT CODE SECTION 66412(d) Planning Background The purpose of the proposed adjustment plat is to conform the existing access roads and adjacent legal lote to the location and configuration of Planning Areas "F" & "G" of the Poinsettia Shores Master Plan (PSMP) and West Batiquitos Lagoon/Sammis Properties Local Coastal Program (WBLSPLCP) that were previously approved by the City and Coastal Commission. Hie proposed adjustment plat revises the boundaries of Lots 1 & 2 of Carlsbad Tract Map 82-18 (Batiquitos Pointe), in the City of Carlsbad, approved as a final map thereof. No. 11290, filed in the Office of the County Recorder of San Diego County, July 16,1985 ("CT 82-18"). As currently configured, the existing lot lines, lot configuration and anticipated access to lote created by CTF 82-18 are iiKX)nsistent with the land uses, access, planning area boundaries, and development standards of the Poinsettia Shores Master Plan dated October 20,1993, as Master Plan No. 175(G), approved by the City Council of Carlsbad on July 16,1996 and subsequently by the Califomia Coastal Commission. See Attachment A Because the lot lines are not coterminous with the Planning Area boundaries, different City processes and standards apply to development within the same legal lot Hie lot Une adjustment would conform the lot lines to the Planning Area boundaries, thereby ensuring compliance with the development standards and procedures previously approved by the City and Califomia Coastal Commission. The existing lot configuration created by CT 82-18 was based on the Batiquitos Pointe Tentative Map. This project was superseded by the Batiquitos Lagoon Educational Park (SAMIS MP 175) ("BLEP") which was approved by City CouncU on October 15,1985 by Ordinance No. 9778, and subsequently amended by ordinance of the City Council No. NS-83 on September 5,1990. Master Plan 175(D) created the Poinsettia Shores Master Plan which superseded the Batiquitos Lagoon Educational Park (BLEP) and was qiproved by City Council Ordinance No. NS-266, January 18,1994. Several minor amendmente to the PSMP were approved subsequent to the January 18,1994 approval of the PSMP, so at this time the latest version of the Poinsettia Shores Master Plan is MP 175 (D). As illustrated in Attachment A, Lote No. 1 and 2 of CT82-18 are wholly inconsistent with the existing streete and the configuration of Planning Areas "F & G" of the PSMP & WBLSPLCP. The lot lines of botii Lot No. 1 and Lot No. 2 of CT82-18 cross over tiie boundaries of Planning Areas "F "& "G" established by tiie PSMP and WBLSPLCP as depicted on Attachment B. Attachment C shows the proposed revision to the lot lines to bring them into confonnance with Planning Area boundaries established by the Poinsettia I - Shores Master Plan and West Batiquitos Lagoon/Sammis Properties Local Coastal Program Although the BLEP Master Plan superseded the Batiquitos Pointe Tentative Map, the legal alignment of Avenida Encinas as shown by Ct 82-18 was never revised. Access to these Planning Areas "F" & "G" is based on the circulation plan for the Poinsettia Shores Master Plan which superseded the BLEPMP. This inconsistency was made even more evident by the constmction of Avenida Encinas in 1995 and ite related bridge over the Atchison/Topeka and Santa Fe Railroad Right of Way, which physically divides Planning Area "F" and "G" of the Poinsettia Shores Master Plan and provides the backbone street access point to both. The proposed adjustment plat would relocate the boundary between Lot 1 and 2 along the existing centerline of Avenida Encinas. No environmentally sensitive habitat would be affected. With this adjustment the area of Lot 1 would be changed from 5.98 acres to 11.04 acres, and the area of Lot 2 would be changed from 16.00 acres to 14.26 acres. The requirements for the processing of development plans for Planning Area "F," differs from the processing of development plans in Planning Areas "G," and "H" since the PSMP and the WBLSPLCP designate Planning Area F as an Unplanned Area. Planning Areas G & H can develop per the requiremente of the existing PSMP and WBLSPLCP because they are designated as T-R/C Travel- Recreational Commercial. Sime Planning Area F is designated as an Unplanned Area by tiie PSMP & WBLSPLCP a General Plan Amendment/Master Plan Amendment/Local Coastal Plan Amendment must be processed prior to or concurrent with any development proposal for this Planning Area see attachment [ C ]. Until tiie City and Coastal Commission approve a GPA/MPA/LCPA the land uses within Planning Area "F' are currently restricted to "Exclusive Agricultural Uses" pursuant to Ch^ter 21.07 of tiie Carlsbad Municipal Code. The GPA/MPA/LCPA will be subject to the appropriate environmental review and must be approved by botii the City of Carlsbad and Califomia Coastal Commission prior to any development in Planning Area F. The GPA/MPA/LCPA must take into consideration the Planning Area Development Standards for Area "F" as required by the Poinsettia Shores Master Plan Section XI(C) "Planning Area Development Standards" commencing on page 105 therein. Approval of the Lot Line Adjustment Plat will conform the lot boundaries to the previously approved planning area boimdaries within the Master Plan, thereby ensuring the City's consideration of a General Plan and zoning for the entire lot within Planning Area "F' in connection with any development within the Planning Area. As the lot lines are currently configured, only a portion of the legal lot is subject to the City's General Plan and zoning processes. Chapter 20.36 of the Carlsbad Municipal Code regulates the approval of Adjustment Plats in the City of Carlsbad consistent with Govemment Code Section 66412(d) and sets forth in Carlsbad Municipal Code Section 20.36.020 the conditions under which an adjustment plat may be approved, provided that findings of fact may be made by the City Engineer that the proposed boundary adjustment does not violate any of the conditions described in Section (1) through (10). Such determinations are made with respect to findings of fact related to these section will be adopted as part of the City's approval for the Adjustment Plat The City, in order to approve the proposed Adjustment Plat, must adopt Findings of Fact that it meete the requiremente of Govemment Code Section 66412(d), which fmdings can be made in accordance with Attachment D "Findings of Fact," Items 1-10. In considering this Adjustment Plat, the City must fu^t comply with the California Environmental Quality Act (CEQA). CEQA provides that the Categorical Exemption may be adopted by the City if it determines the limitations of Titie 14 of the California Code of Regulations, Chapter 3, Article 9, and Section 15305 "Minor Alterations in Land Use Limitations" are met by this proposed lot line adjustment. The requirements of a Categorical Exemption are met for the reasons set forth on Attachment E, approved by the City and incorporated herein by reference as part of the approval of Adjustment Plat No. [ ]. The approval of the adjustment plat is also subject to the following conditions of approval in accordance with Carlsbad Municipal Code Section 20.36.060 as follows: This lot line adjustment ^proval by the City Engineer or his or her designee is subject to appeal in accordance with Carlsbad Municipal Code Section 20.36.080 as provided in Carlsbad Municipal Code Section 20.24.140 vsdth respect to minor subdivisions brought in accordance with Carlsbad Municipal Code Section 20.24.140(f) within ten calendar days of the date of the decision of the City Engineer by filing a written notice as provided thereunder and paying fees for an appeal as established by the Resolution of tiie City Council. The following Conditions of Approval and notations shall be placed upon the approved Adjustment Plat: 1. No development can occur on Lot 2 of Adjustment Plat 10- ^without the approval of a Site Development Plan, Coastal Development Permit and other applicable discretionary approvals by the City and if applicable by the Califomia Coastal Commission. 2. No development can occur on Lot 1 (Planning Area F of the Poinsettia Shores Master Plan) of Adjustment Plat 10- prior to the approval of a General Plan Amendment/Master Plan Amendment/Local Coastal Program Amendment by the City of Carlsbad and Califomia Coastal Commission. The Master Plan Amendment will establish zoijiing and development standards for Planning Area F. icago Title Company Builders Services Division 2365 Nort:hside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 Title Department; Customer: Chicago Title Company Jackson Demarco Tidus & Peckenpaugh Attn: Tom Votel/Ken Cyr Attn: Craig K. Beam Email: votelt@ctt.com & ken.cvr@ctt.qom 2815 Townsgate Road, Suite 200 Phone: (619) 521-3553 & (619) 521-3555 Westlake, Ca. 91361 Fax: (619)521-3608 Order No.: 930020895-U50 RECEIVED PRELIIV^INARY REPORT ENGINEERING Property Address: APN: 216-140-17,18 DEPARTME^'"^ Dated as of: AUGUST 30, 2010 at 7:30 am In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and tfie estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that se forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Tide Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One ofthis 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. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY CLTA Preliminary Report Form - Modified (11-17-06) Page 1 ^ IP Order No.: 930O20895-U50 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: LSF5 Carlsbad Holdings, LLC, a Delaware limited liability company 3. The land referred to in this report is situated in the State of Califomia, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Form - Modified (11-17-06) Page 2 ^ Order No.: 930020895-U50 LEGAL DESCRIPTION LOTS 1 AND 2 OF CARLSBAD TRACT NO. 82-18 (BATIQUITOS POINTE), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11290. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1985. EXCEPTING THEREFROM ANY PORTION WHICH IS OR WAS EVER TIDELANDS BELOW THE ELEVATION OF NATURAL, ORDINARY HIGH TIDE. APN: 216-140-17 & 18 END OF LEGAL DESCRIPTION CLTA Preliminary Report Form - Modified (11-17-06) Page 3 ^ Order No.: 930020895-U50 SCHEDULE B At the date hereof, items to be considered and exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as foUows: 1. Property taxes, including any assessments collected with taxes, for the fiscal year 2010 - 2011 that are a lien not yet due. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of Califomia 3. Water rights, claims or title to water, whether or not shown by the public records. 4. Any adverse claim based upon the assertion that some portion of said land is tide or submerged lands, or has been created by artificial means or has accreted to such portion so created. 5. Any rights, interest, or easements in favor of the public, which exists or is claimed to exist over a portion of said land which presently is, or has ever in the past, been covered by water. 6. An easement for a 12 inch main gas line and incidental purposes, in favor of Southern Counties Gas Company of Califomia as revealed on Page 8 Area C of the Atchison, Topeka and Santa Fe Railway Map under license issued June 13, 1932 in Book 361-C File No. 34570-11 and as set forth in Deed recorded September 18, 1947 in Book 2501. page 147 of Official Records, affects a 25.00 foot strip within Lots 1 and 2 as designated and delineated on said Map No. 11290. The interest of Southem Counties Gas Company of Califomia in and to said easement has since passed to and now vest in Southem Califomia Gas Company. 7. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been severed from said land by the document. Recorded: July 23, 1954 in Book 5310. page 473 of Official Records 8. An easement for the purpose shown below and rights incidental thereto as reserved in a document. Purpose: ingress, egress, road and incidental purposes Recorded: July 6, 1955 in Book 5705. page 55 of Official Records Affects: the Northerly 40 feet of Lot 1 as designated and delineated on said Map No. 11290 9. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.: Tract Map No. 11290 Easement Purpose: 15' sewer and incidental purposes Affects: as shown on said Map CLTA Preliminary Report Form - Modified (11-17-06) Page 4 Order No.: 930020895-U50 SCHEDULE B (continued) Said matter affects Lot 2 10. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.: Tract Map No. 11290 Easement IHirpose: 25' sewer and drainage and incidental purposes Affects: as shown on said map Said matter affects Lot 2 11. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.: Tract Map No. 11290 Easement Purpose: 25' sewer and water and incidental purposes Affects: as shown on said map Said matter affects Lot 2 12. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.: Tract Map No. 11290 Easement Purpose: 32' public utility and access and incidental purposes Affects: as shown on said map Said matter affects Lot 2 13. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.: Tract Map No. 11290 Easement Purpose: 15' drainage and incidental purposes Affects: as shown on said map Said matter affects Lot 2 14. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.: Tract Map No. 11290 CLTA Preliminary Report Form - Modified (11-I7-06) Pages Order No.: 930020895-U50 SCHEDULE B (continued) Easement Purpose: 15' drainage and public access and incidental purposes Affects: as shown on said map Said matter affects Lot 2 15. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.: Tract Map No. 11290 Easement Purpose: 15' public access and incidental purposes Affects: as shown on said map Said matter affects portion of Lot 2 16. A perpetual easement for open space and drainage in favor of City of Carlsbad, as dedicated on the Map of said tract which provides among other things, that the following shall be performed only as permitted by a special use pemiit: Excavation, grading or filling of said land; construction of buildings, structures or other things whatsoever upon said land; use of said land for other than open space and park or recreational purposes. Affects a portion of Lot 2 17. Provisions, herein recited, of the dedication statement on the Map of: 11290 Provisions: This subdivision is a Condominium project as defined in Section 1350 of the Civil Code of the State of Califomia, containing a maximum of 354 Dwelling Units and is filed pursuant to the provisions of the Subdivision Map Act. 18. The terms and provisions contained in the document entitled "Agreement Between Developer- Owner and the City of Carlsbad for the Payment of a Public Facilities Fee" recorded July 24, 1986 as Instrument No. 86-308960 of Official Records. 19. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: The City of Carlsbad Purpose: public street and public utility and incidental purposes Recorded: October 19, 1994 as Instrument No. 1994-0612498 of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. CLTA Preliminary Report Form - Modified (11-17-06) Page 6 ^ Order No.: 93OO20895-U50 SCHEDULE B (continued) 20. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: The City of Carisbad Purpose: public street and public utility and incidental purposes Recorded: October 19, 1994 as Instrument No. 1994-0612500 of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 21. The terms and provisions contained in the document entitled "Hold Harmless (Drainage) Agreement" recorded November 21, 1994 as Instrument No. 1994-0672261 of Official Records. Reference is hereby made to said document for full particulars. 22. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: November 29, 1994 as Instrument No. 1994-0686338 of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Govemment 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." Note: If you should request a copy of the document referred to above, Califomia Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, goveming document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. 23. The effect of a map purporting to show the land and other property, filed Map No. 15600 of Records of Surveys. 24. The terms and provisions contained in the document entitled "Agreement Regarding Improvements" recorded December 24, 1996 as Instrument No. 1996-0644854 of Official Records. Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form - Modified (11-17-06) Page 7 _ Order No.: 930020895-U50 SCHEDULE B (continued) 25. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: May 30, 1997 as Instrument No. 1997-0251820 of Official Records Note: Section 12956.1 of the govemment code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Govemment 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." Note: If you should request a copy of the document referred to above, Califomia Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, goveming document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. 26. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: WL Homes, LLC, a Delaware limited liability company d.b.a. John Laing Homes and the City of Carlsbad Purpose: maintaining the Westerly Basin access for road for the purposes of accessing the Westerly Basin from Carlsbad Avenue and incidental purposes Recorded: June 17, 1999 as Instrument No. 1999-0425779 of Official Records Affects: The exact location and extent of said easement is not disclosed of record 27. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. CLTA Preliminary Report Form - Modified (11-17-06) Pages _ Order No.: 930O20895-U50 SCHEDULE B (continued) 28. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a full copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. END OF SCHEDULE B CLTA Preliminary Report Form - Modified (11-17-06) Page 9 _ Order No.: 930020895-U50 INFORMATIONAL NOTES Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Note No. 3: Your open order request indicates that a Limited Liability Company will be acquiring, encumbering or conveying real property in your transaction. Under the provisions of "the Califomia Limited Liability Act, effective September 30, 1994" the following will be required: 1. A copy of the Articles of Organization (and all amendments, if any) that has been filed with the Secretary of State. 2. The requirement that this Company be provided with a copy of the Operation Agreement. The copy provided must be certified by the appropriate manager or member that it is a copy of the current operating agreement. 3. If the Limited Liability Company is member-managed then this Company must be provided with a current list of the member names. Note No. 4: Property taxes, for the fiscal year 2009 - 2010 are paid. For information purposes the amounts are: Installment: $41,451.43 Paid 2"" Installment: $41,451.43 Paid Exemption: $none Code Area: 09121 Assessors Parcel Number: 216-140-18 CLTA Preliminary Report Form - Modified (11-17-06) Page 10 ^ W Order No.: 930020895-U50 INFORMATIONAL NOTES (continued) Property taxes, for the fiscal year 2006-2007, 2008-2009, 2009-2010 are paid. For information purposes the amounts are: Installment: $576,100.45 Paid 2"^ Installment: $576,100.45 Paid Exemption: $None Code Area: 09121 Assessors Parcel Number: 216-140-17 MLM. ATTACHMENT ONE PRIVACY STATEMENT IMPORTANT INFORMATION; For those of vou receiving this report bv electronic deUverv the Privacy Statement and Exclusions From Coverage are linked to this report. Please review this information bv selecting the link. For those of vou who are receiving a hard copy of this report, a copy of this information has been subinitted for your review. CLTA Preliminary Report Form - Modified (11-17-06) Page 11 :AG0 TITLE INSURANCE COM Fidelity National Financial Group of Companies' Privacy Statement July 1,2001 We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates or others; • From our Internet web sites; • From the public records maintained by government entities that we wither obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate setdement service providers. We may also disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 Multiple Products or Services: If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy Statement (10-21-03) P ATTACHMENT ONE ^ AMERICAN LAND TITLE ASSOCLVTION RESroENTLAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS 3. In addition to the Exceptions in Schedule B. you ate not insured against loss, costs, attorneys' fees, and expenses resulting from; 1. Govemmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * improvements on the land * land division * environmental protection This exclusion does nol apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit Ihe zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing ot the taking In addition to the Exclusions you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: Title Risks: • that are created, allowed, or agreed to by you • that are known (o you, but not to us, on die Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after Ihe Policy Date - Ihis does not limit the labor and material lien coverage in Item 8 of Covered Title Risks Failure to pay value for your title. Lack of a right: • lo any land outside Ihe area specifically described and refeired to in Item 3 of Schedule A OR • in slieets, alleys, or waterways that touch your land This exclusion does nol limit the access coverage in Item 5 of Covered Title Risks. 1. Any right, interests, or claims of parties in possession of Ihe land not shown by the public records. 2. Any easements or liens not shown by the public records. This does nol limit the lien coverage in Hem 8 of Covered Title Risks. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Hem 12 of Covered Title Risks. Any water rights or claims or title to water in or under the land, whether or not shown by Ihe public records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited lo building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) Ihe character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in Ihe dimensions or area of Ihe 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 govemmental regulations, except to Ihe extent thai a notice of Ihe enforcement Ihereof 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 al Dale of Policy. (b) Any governmental police power not excluded by (a) above, except to Ihe extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records al Dale of Policy. 2. Rights of eminent domain unless notice of Ihe exercise thereof has been recorded in the public records at Dale of Policy, bul nol excluding from coverage any taking which has occuned prior lo Date of Policy which would be binding on Ihe rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in Ihe public records al Dale of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in Ihe public records at Dale of Policy, but known lo Ihe insured claimant and not disclosed in writing to the Company by Ihe insured claimant prior to the date Ihe insured claimant became an insured under Ihis 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. Unenforceability of Ihe 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, lo comply wilh the applicable doing business laws of Ihe state in which the land is situated. Invalidity or unenforceability of the lien of Ihe insured mortgage, or claim Ihereof, which arises out of the transaction evidenced by Ihe insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any claim, which arises out of the transaction vesting in Ihe insured the estate of interest insured by Ihis policy or the transaction creating the interest of Ihe insured lender, by reason of Ihe operation of federal bankruptcy, state insolvency or similar creditors' rigtits laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of sucli proceedings, whether or nol shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are nol 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 attorneys' fees or expenses) which arise by reason of: 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 lo water, whether or not Ihe matters excepted under (a), (b) or (c) are shown by the public records. Attachment One (11-17-06) Page 13 B ATTACHMENT ONE |p (CONTINUED) AMERICAN LAND TrTLE ASSOCIATION LOAN POLICY (10-17-92) Wrni ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from Ihe coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including bul not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) Ihe occupancy, use, or enjoyment of Ihe 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 Ihe dimensions or area of Ihe 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 lo 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 Ihe public records at Date of Policy. (b) Any governmental police power nol 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 die land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of Ihe exercise Ihereof has been recorded in Ihe 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 die rights of a purchaser for value wilhoul knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed lo by the insured claimant; (b) not known lo Ihe Company, nol recorded in die public records al Date of Policy, bul Icnown to the insured claimant and nol disclosed in wriling lo Ihe 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 lo Dale of Policy (except to the extent that Ihis 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 lo assessments for street improvements under conslruction 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 Ihe insured mortgage. Unenforceability of die lien of the insured mortgage because of the inability or failure of Ihe insured at Date of Policy, or the inability or failure of any subsequent owner of Ihe indebtedness, lo comply with applicable doing business laws of Ihe slate in which Ihe land is situated. Invalidity or unenforceability of Ihe lien of the insured mortgage, or claim thereof, which arises out of die transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of PoUcy and is not financed in whole or in pan by proceeds of die indebtedness secured by die insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. Any claim, which arises out of the transaction creating Ihe interest of the mortgagee insured by this policy, by reason of the operation of federal bankmptcy, slate insolvency, or similar creditors' rights laws, dial 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 Ihe interest of die insured mortgagee as a result of die application of die doctrine or equitable subordination; or (iii) the transaction creating the interest of die insured mortgagee being deemed a preferential transfer except where die preferential transfer results firom the failure: (a) lo timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to Ihe above Exclusions from Coverage, Ihe Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE 'This policy does not insure against loss or damage (and die Company will not pay costs, 1. Taxes or assessments which are nol shown as existing liens by the records of any taxing audiorily dial 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, wheUier or nol shown by die records of such agency or by Ihe public records. 2. Any facts, rights, interests or claims which are not shown by Uw public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession diereof attorneys' fees or expenses) which arise by reason of: 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 odier facts which a correct survey would disclose, and which are not shown by Ihe public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing die issuance diereof; (c) water rights, claims or title to water, wheUier or not die matters excepted under (a), (b) or (c) are shown by the public records. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following mailers are expressly excluded from die coverage of Uiis policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses Uiat arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including diose relating lo building and zoning) restricting, regulating, prohibiting, or relating to (i) die occupancy, use, or enjoyment of die Land; (ii) die character, dimensions, or location of any improvement erected on die Land; (iii) the subdivision of land: or (iv) environmental protecUon; or die effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. Attachment One (11-17-06) (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. Uiis Exclusion does not modify or limit die coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed lo by die Insured Claimant; (b) nol Known lo Uie Company, not recorded in Uie Public Records al Date of Policy, but Known lo Uie Insured Claimant and not disclosed in writing lo die Company by Uie Insured Claimant prior lo Uie date die Insured Claimant became an Insured under diis policy; (c) resulting in no loss or damage to die Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, diis does nol modify or limit Uie coverage provided under Covered Risk 11, 13, or 14); or Page 14 ATTACHMENT ONE (CONTINUED) (e) resulting in loss or damage dial would nol have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceability of Ihe lien of the Insured Mortgage because of Ihe inability or failure of an Insured to comply widi applicable doing- business laws of die state where the Land is situated. Invalidity or unenforceability in whoh: or in part of the lien of Uie Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or tmUi-in-lending law. Any claim, by reason of die operaUon of federal bankmptcy, slate insolvency, or similar creditors' rights laws, dial die transacuon creaUng the lien of Uie Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferenUal transfer for any reason not stated in Covered Risk 13(b) of Uiis policy. Any lien on Uie Title for real estate taxes or assessments imposed by governmental audiorily and created or attaching between Date of Policy and die date of recording of die Insured Mortgage in Uie Public Records. This Exclusion does not modify or limit Uie coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include Ihe following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does nol insure against loss or damage (and Uie Company will not pay costs, 1. (a) (b) Taxes or assessments that are not shown as exisung liens by the records of any taxing authority diat levies taxes or assessments on real property or by die Public Records; Proceedings by a public agency Uiat may result in taxes or assessments, or noUces of such proceedings, whether or not shown by Ihe records of such agency or by the Public Records. Any facts, rights, interests, or claims Uiat are not shown by Uie Public Records but that could be ascertained by an inspection of die Land or that may be asserted by persons in possession of the Land. attorneys' fees or expenses) Uiat arise by reason of: 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violaUon. variation, or adverse circumstance affecUng die Title dial would be disclosed by an accurate and complete land survey of Uie Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance diereof; (c) water rights, claims or Utie to water, whether or nol the matters excepted under (a), (b), or (c) are shown by Uie Public Records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from die coverage of Ihis policy and the Company will nol pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulaUon (including but not limited to building and zoning laws, ordinances, or regulations) reslricUng, regulating, prohibiUng or relating lo (i) the occupancy, use, or enjoyment of die land; (ii) the character, dimensions or locaUon of any improvement now or hereafter erected on die land; (iii) a separation in ownership or a change in the dimensions or area of Ihe land or any parcel of which Uie land is or was a part; or (iv) environmental protecUon, or the effect of any violaUon of these laws, ordinances or governmental regulations, except to Uie extent dial a noUce of the enforcement Ihereof or a noUce of a defect, lien or encumbrance resulting from a violation or alleged violaUon 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 10 die extent that a notice of Uie exercise Uiereof or a notice of a defect, lien or encumbrance resulting from a violaUon or alleged violaUon affecung the land has been recorded in die public records al Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in die public records al Date of Policy, bul not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or oUier matters: (a) created, suffered, assumed or agreed to by die insured claimant; (b) nol known to the Company, not recorded in die public records at Date of Policy, but icnown to the insured claimant and not disclosed in wriUng lo die Company by die insured claimant prior to die date the insured claimant became an insured under this policy; (c) resuUing in no loss or damage to Uie insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulUng in loss or damage which would not have been sustained if die insured claimant had paid value for die estate or interest insured by diis policy. Any claim, which arises out of the fransacUon vesting in Uie insured die estate or interest insured by this policy, by reason of the operaUon of federal bankmptey, slate insolvency, or similar creditors' rights laws, dial is based on: (i) die iransacUon creaUng the estate or interest insured by diis policy being deemed a fraudulent conveyance or fraudulent fransfer; or (ii) die transaction creaUng die estate or interest insured by Uiis policy being deemed a preferential transfer except where Ihe preferendal transfer results from die failure: (a) to dmely record the instmment of tt^nsfer; or (b) of such recordation to impart noUce to a purchaser for value or a judgment or lien creditor. The above policy form may be issued lo afford eidwr Standard Coverage or Extended Coverage. In addition to Uie above Exclusions from Coverage. Uie Exceptions from Coverage in a Standard Coverage Policy will also include die following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and die Company will nol pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as exisung liens by the records of any taxing authority Uiat 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, wheUier or not shown by Uie records of such agency or by die 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 die land or which may be asserted by persons in possession Uiereof. Easements, liens or encumbrances, or claims Ihereof, which are not shown by Uie public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any odier facts which a correct survey would disclose, and which are not shown by Ihe public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing Ihe issuance Uiereof; (c) water rights, claims or litle lo water, whedier or nol die matters excepted under (a), (b) or (c) are shown by Uie public records. Attachment One (11-17-06) Page 15 ATTACHMENT ONE (CONTINUED) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from die coverage of this policy, and the Company will nol pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating lo building and zoning) restricting, regulating, prohibiting, or relating to (i) die occupancy, use. or enjoyment of the Land; (ii) die character, dimensions, or location of any improvement erected on Ihe Land; (iii) die subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmenuil police power. This Exclusion 1(b) does nol modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. t)efecls, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by die Insured Claimant; (b) nol Known lo the Company, not recorded in die Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in wriUng lo Uie Company by Uie Insured Claimant prior to the date the Insured Claimant became an Insured under diis policy; (c) resulting in no loss or damage lo Uie Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, diis does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage Uiat would not have been sustained if die Insured Claimant had paid value for die Title. Any claim, by reason of the operation of federal bankmptcy, slate insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fi^udulenl conveyance or fraudulent u^nsfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of diis policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and die date of recording of die deed or oUier insu^menl of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford eiUier Standard Coverage or Extended Coverage. In addition to Uie above Exclusions from Coverage, die Exceptions from Coverage in a Standard Coverage policy will also include Ihe following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does nol insure against loss or damage (and die Company will nol pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by die records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency diat may result in taxes or assessments, or notices of such proceedings, whether or nol shown by the records of such agency or by Ihe Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but dial could be ascertained by an inspection of the Land or Uiat may be asserted by persons in possession of Ihe Land. Easements, liens or encumbrances, or claims Uiereof, not shown by die Public Records. Any encroachment, encumbrance, violaUon, variation, or adverse circumstance affecUng the Title that would be disclosed by an accurate and complete land survey of the Land and that are nol stiown by the Public Records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing Uie issuance diereof; (c) water rights, claims or title lo water, whether or nol Ihe matters excepted under (a), (b) , or (c) are shown by die Public Records. CLTA HOMEOWNER'S POLICY OF TrTLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition lo the Exceptions in Schedule B, You are nol insured against loss, costs, 1. Governmental police power, and die existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on die Land e. Land division f environmental protection This Exclusion does nol apply lo violations or Uie enforcement of these matters if notice of the violation or enforcement appears in the Public Records at die Policy Date. This Exclusion does nol limit the coverage described in Covered Risk 14, 15. 16, 17 or 24. 2. The failure of Your existing stmctures, or any part of Uiem, to be consuiicted in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of Uie violation appears in the Public Records al die Policy Date. 3. The right to take the Land by condemning il, unless: attorneys' fees, and expenses resulting from: a. a notice of exercising the rigjit appears in the Public Records at die Policy Date; or b. Uie taking happened before die Policy Date and is binding on You if You bought Uie Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed lo by You, whether or not Uiey appear in the Public Records; b. Uiat are Known lo You at Uw Policy Date, bul not to Us, unless Uwy appear in the Public Records at dw Policy Date; c. dial result in no loss to You; or d. Uiat first occur after Ihe Policy Date - Ihis does nol limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure lo pay value for Your Title. 6. Lack of a righl: a. to any Land outside Uw area specifically described and referred to in paragraph 3 of Schedule A; and b. in sfreets, alleys, or waterways dial touch Uie Land. This Exclusion does nol limit Uw coverage described in Covered Risk 11 or 18. Attachment One (11-17-06) Page 16 ATTACHMENT ONE (CONTINUED) LIMITATIONS ON COVERED RISKS Your insurance for dw following Covered Risks is limited on Ihe Owner's Coverage Statement as follows: • For Covered Risk 14, 15, 16 and 18, Your Deductible Amouni and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounls and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Your Deductible Amount \.00% of Policy Amount or $ 2.500.00 (whichever is less) Our Maximum Dollar Limit of Liability S 10.000.00 Covered Risk 15: 1.00% of Policy Amouni or $ 5.000.00 (whichever is less) $ 25.000.00 Covered Risk 16: LQQ%ofPolicy Amount or $ 5.000.00 (whichever is less) S 25.000.00 Covered Risk 18: L00% of Policy Amount or $ 2.500.00 (whichever is less) $ 5.000.00 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of diis policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental regulation (including but not Umited lo building and zoning laws, ordinances, or regulations) resu^cting, regulating, prohibiting or relating to (i) Ihe occupancy, use, or enjoyment of dw Land; (ii) the character, dimensions or locaUon of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in Ihe dimensions or areas of the Land or any parcel of which dw 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 dw extent dial s notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violaUon or alleged violation affecUng Uw Land has been recorded in the Public Records al Dale of Policy. This exclusion does not limit dw coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resuUing from a violation or alleged violation affecting the Land has been recorded in die Public Records al Date of Policy. This exclusion does nol limit the coverage provided under Covered Risks 12, 13, 14, and 16 of diis policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in dw Public Records at Date of Policy, bul 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) nol Known to Uw Company, not recorded in the PubUc Records al Date of Policy, bul Known lo the Insured Claimant and nol disclosed in writing to Uw 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) (e) attaching or created subsequent to Dale of PoUcy (Uiis paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or resulUng in loss or damage which would not have been sustaiiwd if Uw Insured Claimant had paid value for dw Insured Mortgage. UnenforceabiUty of the lien of the Insured Mortgage because of Ihe inabiUly or failure of Uw Insured at Date of Policy, or dw inabiUty or failure of any subsequent owner of the indebtedness, to comply with appUcable doing business laws of dw state in which the Land is situated. InvaUdity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protecUon or tmtli in lending law. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. Any claim of invalidity, uiwnforceabiUly or lack of priority of the lien of Uw Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedute A is no longer the owner of the estate or interest covered by Ihis policy. This exclusion does nol limit the coverage provided in Covered Risk 8. Lack of priority of Uw lien of Uw Insured Mortgage as to each and every advance made after Date of Policy, and all Interest charged dwreon, over liens, encumbrances and other matters affecUng the title, the existence of which are Known lo the Insured at: (a) The time of the advance; or (b) The time a modificalion is made lo the terms of the Insured Mortgage which changes Ihe rale of interest charged, if Uw rale of Interest is greater as a result of the modification Ihan it would have been before Uw modification. This exclusion does not Umit Uw coverage provided in Covered Risk 8. The failure of Uw residential structvu^, or any portion thereof to have been constmcted before, on or after Date of Policy in accordance wilh applicable building codes. This exclusion does nol apply to violations of building codes if notice of dw violation appears in Uw PubUc Records at Date of Policy. Attachment One (11-17-06) Page 17 (continued) NOTICE You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in Califomia between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must - prior to the close of the current transaction - inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information conceming a prior transaction, the Company is required to determine if you qualify for a discount which is subject to other terms and conditions. Attachment One (11-17-06) Page 18 > s o cr 3 09 TMSMIIPW<SmEWB>K»llSXSS«TIURSESOM.T. lOlMUlYS •ssueifoaiic«auw:r(f tic onASHOm «SSESSGII3mxas WT Kx cam.1 WHH LOCN. sunooH on MIIIG onHUCE^ 216-14 A. U.Ttfot'*^. B. N.44^4tf07Y. C. HJ^'lft. O. H.T^^Mf^ft. Fr N4r^4^E H. Nzraf fs'c J R-«2a. I7l.t9 K R-TIZ, IM.«S L R-Ua. 22.87 U R-20. 32M SAM 0I£&0 COUNT, ASSESSORS KA^ It ZIt •« MAP 11616 - CARLSB/\D TCT.85-14 PHASE ! ^ MAP 11290 - CARLSBAD TCT 82-18 CCONDMJ SEC 28- TI2S-R4W-POR SWIM SEC 32 - T12S-Rmi - POR NE 1 ^ SEC 33 - TI2S-R«f« - HH \ >i ROS 1676.6561,15600 . , ^ o o E3 r-t-5" c CD a-