HomeMy WebLinkAboutCDP 16-06; BAPTIE RESIDENCE; Coastal Development Permit (CDP)11111111111•01011NIMIN
IrONLAI)
Development ServicesfifLAND USE REVIEW Planning Division
Carlsbad APPLICATION 1635 Faraday Avenue
P-1 (760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR:(CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY)
gCoastal Development Permit (*)0 Minor McGeneral Plan Amendment
0 Conditional Use Permit (*)0 Local Coastal Program Amendment (*)0 Minor 0 Extension
0 Day Care (Large)0 Master Plan 0 Amendment
0 Environmental Impact Assessment 0 Specific Plan 0 Amendment
O Habitat Management Permit D Minor 0 Zone Change (*)
Hillside Development Permit (*) Minor 0 Zone Code Amendment
O Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits
O Planned Development Permit 0 Minor 0 Review Permit
0 Residential D Non-Residential Administrative 0 Minor Major
Ei Planning Commission Determination
Reasonable Accommodation Village Review Area Permits
0 Site Development Plan 0 Minor D Review Permit
El Special Use Permit 0 Administrative 0 Minor 0 Major
0 Tentative Parcel Map (Minor Subdivision)
O Tentative Tract Map (Major Subdivision)
O Variance D Minor (*) =eligible for 25% discount
NOTE:A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).:2—I cr:.).C 3 5 c)
PROJECT NAME:f5A Pt,
BRIEF DESCRIPTION OF PROJECT:—r 64 %.1.ou
„.sr.
Fs tvi .51.1)j4.
40.0 /4 Lt*...if-6.i T /Cr All—oo r
BRIEF LEGAL DESCRIPTION:
L-0 S '4.1 0 Pi r'"Velo tfti ,2•to °I
LOCATION OF PROJECT:S C. "4-14.0c0to*
STREET ADDRESS
ON THE:5 A.c.r SIDE OF ififr11.a•II'Lo Nip
(NORTH, SOUTH, EAST, WEST)(NAME OF STREET)
BETWEEN AND E 12%.a
(NAME OF STREET)(NAME OF STREET)
t(0°1 I
P-1 Page 1 of 6 Revised 07/15
•
OWNER NAME
(Print):s 404 y eo.I.T.14_APPLICANT NAME (Print):tile..leii
MAILING ADDRESS:p.0 •cox I Z.MAILING ADDRESS:Z 411W $714..re..srg.-N.1
CITY,STATE, ZIP:14 0 et.to.*.644 .1807LCITY,STATE, ZIP:/4.14..6.Se.A.0.44 •q uo a ft:.
TELEPHONE 2_.0 co..4.71 .I 1 17 TELEPHONE:G• C:'. •La 14o 1
EMAIL ADDRESS:6.4 r e 401.4 EMAIL ADDRESS:1.4 IZ I r c 0.144.4 1.4 E t;
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THA LL T ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE.I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BE OF M W DGE.
SET FORTH HE EIN IS MY AUTHORIZED REPRESENTATIVE FOR
PURPOSES OF I PPLICATION.
Z •Z.•Ic.A 6.(Ai ••tot.
SIGN DATE ATURE DATE
APPLICANTS REPRESENTATIVE (Print):
MAILING ADDRESS:
CITY, STATE, ZIP:•
TELEPHONE:
EMAIL ADDRESS:
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
SIGNATURE DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION.I/VVE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND SUCCESSORS IN INTEREST.
P ER SIGNATURE
FOR CITY USE ONLY
RECEIVED
FEB1 6 2016
ORECEIVEDDisoC6TYOviFmCaAvaRttlBAD
RECEIVED BY:
AC/Ck—
.
P-1 Page 2 of 6 Revised 07/15
C C•ity of PROJECT DESCRIPTION Development Services
Planning Division
Carlsbad P1(B)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME:'5'4 1271e..17--e...‹,e1.17
APPLICANT NAME:e T
Please describe fully the proposed project by application type.Include any details necessary to
adequately explain the scope and/or operation of the proposed project.You may also include
any background information and supporting statements regarding the reasons for,or
appropriateness of, the application.Use an addendum sheet if necessary.
Description/Explanation:
Fp.m...‘‘o i„i Lori t "r 6.•t`.4 41.7 e IVO t r
r12.6J Ec—ur c.cht.-1 -*ks"T's c.NF0 A ISA VIL t%oi e
•T W 0 ld 6.C.--r
II'.‘,F•IT ID vpit c.
P-1(B)Page 1 of 1 Revised 07/10
C
TITLE TITLE
SNAPSHOT 8880 Rio San Diego Drive, Suite 1100, San Diego, CA 92108GRADETollFree: (877)365-9365 I Direct: 619-564-5641 I Fax: 855-629-7811
Title is Vested in
•Ken Baptie and Sandy Baptie, husband and wife as joint tenants
No Curative Issues or All Curative Issues
Were Resolved
What does this grade mean?
A =No title curative issues
B =Issues to pay or clear
C =Liens to clear
D =Title curative issues
REO transactions only:
E =REO curative issues
R =IRS curative issues
Prepared On
May 2, 2016
Order Number
CA0410-16006256-41
Loan Number
Property Address
5070 Carlsbad Boulevard
Carlsbad, CA 92008
Questions
For questions regarding this
Title Snapshot, please contact:
Dee Dee Burland & Rhiannon Stotler The Title Snapshot is intended for informational purposes only.It is not intended as a guaranty,619-564-5641 affirmation,indemnification,or certification of any fact,insurance coverage or conclusion of law to any
tu41@title365.com insured or party to a transaction.No liability for reliance thereon is inferred, implied or expressed.
oh.ww.a.mor•••••1•10.011M
•
•TITLE
8880 Rio San Diego Drive, Suite 1100,San Diego, CA 92108
Toll Free: (877)365-9365 Direct: 619-564-5641 Fax: 855-629-7811
PRELIMINARY REPORT
Windermere Homes & Estates Our Order No.:CA0410-16006256-41
6965 El Camino Real, #D-107 Your Reference:5070 Carlsbad
Carlsbad, CA 92009 When Replying Please Contact:
Attn:Jeanne Lopez Title365 Company
8880 Rio San Diego Drive, Suite 1100
San Diego, CA 92108
Attn:Dee Dee Burland & Rhiannon Stotler
619-564-5641
Todays Date:May 2, 2016
Property Address: 5070 Carlsbad Boulevard, Carlsbad, CA 92008
In response to the application for a Policy of Title Insurance, Title365 Company hereby reports that it is prepared to issue,
or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or
interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or
encumbrance not shown or referred to as an exception herein and/or not excluded from coverage pursuant to the printed
Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies of
Title Insurance are set forth in Exhibit B attached.The policy to be issued may contain an arbitration clause.When the
Amount of Insurance is less than that 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.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 Exhibit B.Copies of the Policy forms should be
read.They are available from the office which issued this report.
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Exhibit B
of this report carefully.The exceptions and exclusions are meant to provide you with notice of matters which are
not covered under the terms of the Policy or Policies of Title Insurance and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and
may not list all liens, defects and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
Policy or Policies of Title Insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the
issuance of a Policy or Policies of Title Insurance, a Binder or Commitment should be requested.
Dated as of April 21, 2016, at 07:30 AM.
Dee Dee Burland & Rhiannon Stotler
Title Officer
tu41@title365.com
The form of policy of title insurance contemplated by this report is:
ALTA Loan Policy 2006 with ALTA Endorsement-Form 1 Coverage ALTA Homeowner's Policy (1/1/08)Underwritten by:
First American Title Insurance Company
'Preliminary Report Created: 05/02/2016 I CA0410-16006256-41
',Ned
SCHEDULE A
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
Ken Baptie and Sandy Baptie, husband and wife as joint tenants
The land hereinafter referred to is situated in the City of Carlsbad, County of San Diego, State of CA, and is described as
follows:
Lot 57 of Terramar Unit No.1,in the City of Carlsbad, County of San Diego, State of California, according to Map thereof
No. 2696, filed in the office of the County Recorder of San Diego County, September 6,1950.
APN: 210-033-09-00
'Preliminary Report-A I Created: 05/02/2016 I CA0410-16006256-41
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C 0
•
SCHEDULE B
At the date hereof, Exceptions to coverage,in addition to the printed Exception and Exclusions contained in said policy
form would be as follows:
1.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be
levied for the fiscal year 2016 -2017 which are a lien not yet payable.
2.Property taxes for the fiscal year shown below are paid.For proration purposes the amounts are:
Fiscal year:2015 -2016
1st Installment:$2,771.13
2nd Installment:$2,771.13
Exemption:$0.00
Land:$512,305.00
Improvements:$0.00
Personal Property:$0.00
Code Area:09000
Assessment No:210-033-09-00
3.Assessments, if any, for community facility districts affecting said land which may exist by virtue of assessment
maps or notices filed by said districts.Said assessments are collected with the County Taxes.
4.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 California.
5.Water rights, claims or title to water in or under said land, whether or not shown by the public records.
6.An easement or other provisions for the purposes shown below and rights incidental thereto as shown on the
recorded map:
Map No:2696
Recorded:September 6,1950
Purpose:public utilities
Affects:as shown on the map
7.An easement for the purpose shown below and rights incidental thereto as set forth in a document:
Purpose:Public utilities
Recorded:October 13,1950 in Book 3819 and Page 291, of Official Records.
Affects:Said land
8.Covenants, conditions, and restrictions as set forth in instrument recorded January 25, 1951 in Book 3948 and
Page 389, of Official Records, but omitting any covenant, condition or restriction, if any, based on race, color,
religion, sex, handicap, familial status, or national origin unless and only to the extent that the covenant, condition
or restriction (a)is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not
discriminate against handicapped persons.
9.Covenants, conditions, and restrictions as set forth in instrument recorded February 13,1958 in Book 6948 and
Page 511, of Official Records, but omitting any covenant, condition or restriction, if any, based on race, color,
religion, sex, handicap, familial status, or national origin unless and only to the extent that the covenant, condition
or restriction (a)is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not
discriminate against handicapped persons.
10.We find no open Deeds of Trust of record. Please verify by inquiry of escrow personnel and/or agents whether or
not we have overlooked something and advise the title department accordingly prior to close of escrow.
11.Matters which may be disclosed by an inspection or by a survey of said land satisfactory to this Company, or by
inquiry of the parties in possession thereof.
'Lenders Supplemental Report I Created: 05/02/2016 I CA0410-16006256-41
•->
4itior
12.•An inspection of said land has been ordered;upon its completion we will advise you of our findings.
13.In order to complete this report, this Company requires a Statement of Information to be completed by the
following party(ies),
Party(ies): All Parties
The Company reserves the right to add additional items or make further requirements after review of the
requested Statement(s) of Information.
14.There are no conveyances affecting said land recorded within two (2) years of the date of this report, except the
following:
Grantor:Robert H. Barelmann and Margaret L.Barelmann, husband and wife as joint tenants
Grantee:Ken Baptie and Sandy Baptie, husband and wife as joint tenants
Recorded:January 4, 2016 at Instrument Number 2016-0000005, of Official Records
END OF SCHEDULE B
'Lenders Supplemental Report Created: 05/02/2016 I CA0410-16006256-41
1111•••M•11.11••••••••ine •11•11101111111111111111 .11.0•111.•••••..
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•
TITLE
8880 Rio San Diego Drive, Suite 1100,San Diego, CA 92108
Toll Free: (877)365-9365 Direct: 619-564-5641 I Fax: 855-629-7811
Notes and Requirements Section
Note 1:On July 1,1985, Assembly Bill 3132 became effective.Assembly Bill 3132 adds and repeals portions of Sections 480.3 and
480.4 of the Revenue and Taxation Code of the State of California.
The act requires the County Assessor and/or Recorder to make available a statutorily prescribed form entitled "Preliminary Change of
Ownership Report".Said report must be completed by the buyer and filed concurrently with the recordation of the documents
evidencing the change of ownership.Failure to present the Change of Ownership Report at the time of recordation will cause the
County Recorder to charge an additional $20.00 penalty recording fee.The fee cannot be charged if the transfer document is
accompanied by the affidavit stating that the buyer/transferee is not a resident of the State of California.This report is for official use
only and is not open to public inspection.
For further information, contact the Change of Ownership Section in the Assessors Office located in the County of said property or the
County Recorder's Office located in the County of said property.
Note 2:Attached are Privacy Policy Notices in compliance with the Gramm-Leach-Bliley Act (GLBA) effective July 1,2001.Please
review said Notices regarding personal information.
Note 3:The map attached hereto may or may not be a survey of the land depicted thereon.You should not rely upon it for any
purpose other than orientation to the general location of the parcel or parcels depicted.This company expressly disclaims any liability
for alleged loss or damage which may result from reliance upon this map.
Note 4:Part of the RESPA Rule to simply and improve the process of obtaining mortgages and reduce consumer settlement costs
requires the settlement agent to disclose the agent and underwriter split of title premiums, including endorsements as follows:
Line 1107 is used to record the amount of the total title insurance premium, including endorsements, that is retained by the
title agent. Title365 Company retains 87% of the total premium and endorsements.
Line 1108 is used to record the amount of the total title insurance premium, including endorsements, that is retained by the
title underwriter.First American Title Insurance Company retains 13% of the total premium and endorsements.
'Notes and Requirements Created: 05/02/2016 I CA0410-16006256-41
••••—mon.*
4011.‘
:sit;"'"TIME LIMITS ON Development Services
DISCRETIONARY Planning Division
4,1%.CITY OF PROJECTS 1635 Faraday Avenue
CARLSBAD P-1(E)(760) 602-4610
www.cartsbadca.gov
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City.The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete.Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete.If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e.,clarification
regarding a specific require nt or wheth r all requirements are necessary for your particular
application) please call (76 602-46
Applicant Signature:
Staff Signature:
Date:2.•zr./co
To be stapled with receipt to the application
•
P-1(E)Page 1 of 1 Revised 07/10
a ••11044k
1/4410e
Development ServicesCCity of DISCLOSURE STATEMENT Planning Division
Carlsbad P-1(A)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal.Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate,in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.APPLICANT (Not the applicant's agent)
Provide the COMPLETE,LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names,titles,addresses of all individuals owning more than 10%of the
shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE
INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned
corporation,include the names,titles,and addresses of the corporate officers.(A
separate page may be attached if necessary.)
Person SA b.4 u tk...itaw r Corp/Part
Title .0)s Ac-r 14 1—Title
Address 2.410 ApTiv E..4.7.(44). D Address
2.OWNER (Not the owner's agent)•
Provide the COMPLETE,LEGAL names and addresses of ALL persons having any
ownership interest in the property involved.Also,provide the nature of the legal
ownership (i.e.,partnership,tenants in common,non-profit,corporation,etc.).If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares.IF NO INDIVIDUALS OWN MORE
THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE
SPACE BELOW.If a publicly-owned corporation,include the names,titles,and
addresses of the corporate officers.(A separate page may be attached if necessary.)
PersonicL4 64121.1E-Corp/Part
Title 0''t 4 t 141"-.Title
Address pa.0 •11,0x IZ.Address
L.4 acs 4 Ls.j.tx.
10°12*0
P-1 (A)Page 1 of 2 Revised 07/10
%law
3.NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title Title •
Address Address
4.Have you had more than $500 worth of business transacted with any member of City
staff,Boards,Commissions,Committees and/or Council within the past twelve (12)
months?
Yes /ri No If yes, please indicate person(s):
NOTE:Attach additional sheets if necessary.
I certify that all the above information is true and correct to t best m knowledge.
Z •1.r"•it.
Signature of ownet/date 'gnature of ap ant/date
..--
otop.4 et..14.1.ter
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A)Page 2 of 2 Revised 07/10
NMAM
‘61101 MINOR
C y of COASTAL DEVELOPMENT PERMIT/Development Services
Cit Planning DivisionSINGLE FAMILY RESIDENCE 1635 Faraday AvenueCarlsbadAPPLICATION(760) 602-4610
P-6 www.carlsbadca.gov
A proposed project requiring multiple applications must be submitted prior to 3:30 p.m.A
proposed project requiring only one application must be submitted prior to 4:00 p.m.
All joint application exhibits,i.e.Tentative Map and Planned Development Site Plan should be
prepared at the same scale.(Use a scale no smaller than 1" =40'.)
I.GENERAL BACKGROUND
A.Estimated Cost of Development:
Development costing $60,000 or more does not qualify as a Minor Coastal Development
Permit.The City Planner shall make the final determination regarding a project's cost of
development.
The primary basis for determining cost of development will be the application of dollar costs
per square foot for different types of residential construction.These costs are set by the
International Conference of Building Officials '(1CB0)and are applied throughout San Diego
County.
Please complete the following information to assist in the determination of this project's cost of
development (Contractor proposals may also be submitted for consideration by the City
Planner).Please refer to the current fee schedule for the appropriate $/square foot fee rate.
New Residential Square Footage:
Ci (o3 square feet x $/sq. ft. =$.
Residential Addition Square Footage:
square feet x $/sq. ft. =$
Any Garage Square Footage:$80 square feet x $/sq. ft. =$
Residential Conversion Square Footage:
square feet x $/sq. ft. =$
Please contact the City of Carlsbad Building Division for current fee rate for Non-
Residential uses (i.e.Retail/Store;Restaurants;Office; and Manufacturing/Warehouse
uses.)
square feet x $/sq. ft. _$
COST OF DEVELOPMENT ESTIMATEi$
B.Do you wish to apply for:
1.A Minor Coastal Development Permit (Under $60,000 cost estimate)0
2.A Coastal Development Permit ($60,000 or more cost estimate)jzi
C.Street address of proposed development
®'1O c....leigA.....:442 bt.v0.
P-6 Page 1 of 6 Revised 01/16
aaa*.a.101.ais
a
a
.‘4461.1
D.Assessor's Parcel Number of proposed development
I -•0 S.1#•tO
E.Development Description:
Briefly describe project:p l ros.trt;#tsi 64.7fe''
I 64 Lr r:-t..1 4.I.P.LA to i i '5 E.Dui Vv.&.01
F.Describe the present land uses (i.e.vacant land,single family homes,apartments,
offices, etc.) that surround the proposed development to the:
North:
South:A*.-F.
East:.e7 .F.F.•
West:S .•P-•
G.Is project located within a 100-year flood plain?0 Yes IZI No
II.PRESENT USE OF PROPERTY
A.Are there existing structures on the property?0 Yes V No
If yes, please describe.
B.Will any existing structure be removed/demolished?0 Yes No
If yes to either question,describe the extent of the demolition or removal,including the
relocation site, if applicable (also show on plans).
III.LOT COVERAGE
A.Existing and Proposed
Existing Proposed Total
Building Coverage 4'sq. ft.2445 sq. ft.2045 sq. ft.%
Landscaped Area 8 4%1 e;sq. ft.2.*)*sq. ft.3 t.5 sq. ft.%
Hardscape Area e:7 sq. ft."I I v sq. ft.I I sq. ft.1+%
Unimproved Area (Left Natural)4 sq. ft.sq. ft.Q sq. ft.e%)%
B.Parking:Number of existing spaces
Number of new spaces proposed
Existing/Proposed TOTAL:4—
Number of total spaces required ?—
Number of covered spaces
Number of uncovered spaces 2-.
Number of standard spaces 4".
P-6 Page 2 of 6 Revised 01/16
Number of compact spaces er.
Is tandem parking existing?n Yes #No
Is tandem parking proposed?1:21 Yes #2-E]No
C.Grade Alteration:
Is any grading proposed?Vr Yes No
If yes, please complete the following:
1.Amount of cut Ati-1 cu. yds.
2.Amount of fill 0 cu. yds.
3.Maximum height of fill slope $4 /4 feet
4.Maximum height of cut slope 3 feet
5.Amount of import or export i ez.S —1 cu. yds.
6.Location of borrow or disposal site T.P. p
..
P-6 Page 3 of 6 Revised 01/16
HAZARDOUS WASTE Development Services
CCity Of AND SUBSTANCES Planning Division
Carlsbad STATEMENT 1635 Faraday Avenue
P-1((760)602-4610C)www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5,I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
glThe development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
1=1 The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PROPERTY OWNER
Name:.0^•t*ei IJ E.c—r 7 Name:Ow $A140/AIL P T
Address:2.'10 $17•re.crC.b%.1 Address:LA•e01
• i"Oje
Co R4.6.104 out). 404 +4 0.k.4E....144 .416 0 1
Phone Number:1 lit 0.to 3 I Phone Number: 2-("Cc.ct 4-1 •11
Address of Site:S co -1 C:.G /a.ez.,A. 4.2 k.V .
Local Agency (City and County):C./a-&A IP 40 4U rl"5#44...i 014 C4'42
Assessor's book, page, and parcel number:2—14.•3 72 •
Specify list(s):440.0%*•
Regulatory Identification Number:14 /
Date of List:N/A
z • z.s•lc.„z •E 1;•Itis
A icant Signatur to Prope er Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List)is used by the State,local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C)Page 1 of 2 Revised 02/13
•
CLTA Preliminary Report Form Order Number:DIV-4948889
(Rev.11/06)Page Number:1
AINfit,
:10;•.First American litle
First American Title Company
7676 Hazard Center Drive, Ste 1100
San Diego, CA 92108
Customer Reference:8933-CP
Order Number:DIV-4948889 (9)
Title Officer:Bonnie Stark
Phone:(619)231-4631
Fax No.:(866)497-8905
E-Mail:titleunit9@firstam.com
Property:Vacant Land
CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached.Thepolicy to be issued may contain an arbitration clause.When the AmountofInsurance is less than that set forth in the
arbitration clause, all arbitrable matters shall be arbitratedat the option ofeither the Companyor the Insured as the exclusive remedyofthe
patties. 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 Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto)is issued solely for the purpose of facilitating the issuance ofa 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.
First American Title
Page 1 of 14
+.1111111 NM=--
'1 '
411704
Order Number:DIV-4948889
Page Number:2
Dated as of September 29, 2015 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
ALTA/CLTA Homeowner's (EAGLE) Policy of Title Insurance (2010) and ALTA Ext Loan Policy
1056.06 (06-17-06) if the land described is an improved residential lot or condominium unit on
which there is located a one-to-four family residence; or ALTA Standard Owner's Policy 2006
(WRE 06-17-06) and the ALTA Loan Policy 2006 (06-17-06) if the land described is an
unimproved residential lot or condominium unit
A specific request should be made if another form or additIonal coverage is desired.
Title to said estate or interest at the date hereof is vested in:
ROBERT H.BARELMANN AND MARGARET L.BARELMANN, HUSBAND AND WIFE AS JOINT
TENANTS
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1.General and special taxes and assessments for the fiscal year 2015-2016.
First Installment:$2,771.13,OPEN
Penalty:$277.11
Second Installment:$2,771.13,OPEN
Penalty:$287.11
Tax Rate Area:09000
A.P.No.:210-033-09-00
2.The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
3.Any and all offers of dedications, conditions, restrictions, easements, notes and/or provisions
shown or disclosed by the filed or recorded map referred to in the legal description including but
not limited to: PUBLIC UTILITY and incidental purposes affecting said land.
4.An easement for public utilities and incidental purposes in the document recorded October 13,
1950 as BOOK 3819, PAGE 291 of Official Records.
First American Title
Page 2 of 14
Order Number:DIV-4948889
Page Number:3
5.Covenants, conditions, restrictions and easements in the document recorded January 25,
1951 as BOOK 3948,PAGE 389 of Official Records, but deleting any covenant, condition, or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
sexual orientation, familial status, disability, handicap, national origin, genetic information,
gender, gender identity, gender expression, source of income (as defined in California
Government Code §12955(p)) or ancestry, to the extent such covenants, conditions or
restrictions violation 42 U.S.C.§3604(c) or California Government Code §12955.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.
6.Covenants, conditions, restrictions and easements in the document recorded February 13, 1958
as BOOK 6948, PAGE 511 of Official Records, which provide that a violation thereof shall not
defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for
value, but deleting any covenant, condition, or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, sexual orientation, familial status, disability,
handicap, national origin, genetic information, gender, gender identity, gender expression, source
of income (as defined in California Government Code §12955(p)) or ancestry, to the extent such
covenants, conditions or restrictions violation 42 U.S.C.§3604(c) or California Government Code
§12955.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.
7.Water rights, claims or title to water, whether or not shown by the public records.
First American Title
Page 3 of 14
3
Order Number:DIV-4948889
Page Number:4
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1.General and special taxes and assessments for the fiscal year 2014-2015.
First Installment:$2,724.85, PAID
Penalty:$0.00
Second Installment:$2,724.85, PAID
Penalty:$0.00
Tax Rate Area:09000
A.P.No.:210-033-09-00
2.The property covered by this report is vacant land.
3.According to the public records, there has been no conveyance of the land within a period of
twenty-four months prior to the date of this report, except as follows:
None
4.We find no open deeds of trust. Escrow please confirm before closing.
NOTE to proposed insured lender only:No Private transfer fee covenant, as defined in Federal
Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the
Public Records on or after February 8, 2011, encumbers the Title except as follows: None
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
First American Title
Page 4 of 14
•••••NYYMIN
•
Cla)
Order Number:DIV-4948889
Page Number:5
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
LOT 57 OF TERRAMAR UNIT NO.1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2696, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 6, 1950.
APN:210-033-09-00
First American Title
Page 5 of 14
1
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,.
Order Number:DIV-4948889
Page Number:7
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1,1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
First American Title
Page 7 of 14
MI MI
,.
Order Number:DIV-4948889
Page Number:8
First American Title Company
7676 Hazard Center Drive, Ste 1100
44 First American Title San Diego, CA 92108
(619)238-1776
First American Title
Page 8 of 14
0
Order Number:DIV-4948889
Page Number:9
WIRE INSTRUCTIONS
for
First American Title Company, Demand/Draft Sub-Escrow Deposits
San Diego County, California
PAYABLE TO:First American Title Company
BANK:First American Trust,FSB
ADDRESS:5 First American Way, Santa Ana, CA 92707
ACCOUNT NO:3008270000
ROUTING NUMBER:122241255
PLEASE REFERENCE THE FOLLOWING:
PROPERTY:Vacant Land, San Diego, CA
FILE NUMBER:DIV-4948889 (09)
ATTENTION:Bonnie Stark
PLEASE USE THE ABOVE INFORMATION WHEN WIRING FUNDS TO First American
Title Company. FUNDS MUST BE WIRED FROM A BANK WITHIN THE UNITED
STATES.PLEASE NOTIFY Bonnie Stark AT (619)231-
4631 OR bstark@firstam.com WHEN YOU HAVE TRANSMITTED YOUR WIRE.
IF YOUR FUNDS ARE BEING WIRED FROM A NON-U.S.BANK. ADDITIONAL CHARGES MAY APPLY.
PLEASE CONTACT YOUR ESCROW OFFICER/CLOSER FOR INTERNATIONAL WIRING INSTRUCTIONS.
AN ACH TRANSFER CANNOT BE ACCEPTED FOR CLOSING. BECAUSE IT IS NOT THE SAME AS A WIRE
AND REQUIRES ADDITIONAL TIME FOR CLEARANCE.
FIRST AMERICAN TRUST CONTACT INFO: Banking Services 1-877-600-9473
ALL WIRES WILL BE RETURNED IF THE FILE NUMBER
AND/OR PROPERTY REFERENCE ARE NOT INCLUDED
With cyber crimes on the increase, it is important to be ever vigilant.If you receive an e-mail or any
other communication that appears to be generated from a First American employee that contains new,
revised or altered bank wire instructions, consider it suspect and call our office at a number you trust.
Our bank wire instructions seldom change.
first American Title
Page 9 of 14
-
416.01
Order Number:DIV-4948889
Page Number:10
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1.Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building;(d) improvements on the Land;
(b) zoning;(e) land division; and
(c) land use;(f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14,15,16,18,19, 20, 23 or 27.
2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes.This Exclusion
does not limit the coverage described in Covered Risk 14 or 15.
3.The right to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17.
4.Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5.Failure to pay value for Your Title.
6.Lack ofa right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b)in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:For Covered Risk 16, 18, 19, and 21
Your Deductible Amount and Our Maximum Dollar Umit of Liability shown in Schedule A.
Your Deductible Amount Our Maximum Dollar
J.imit of Liability
Covered Risk 16:1%of Policy Amount or $2,500.00 (whichever is less)$10,000.00
Covered Risk 18:1%of Policy Amount or $5,000.00 (whichever is less)$25,000.00
Covered Risk 19:1%of Policy Amount or $5,000.00 (whichever is less)$25,000.00
Covered Risk 21:1%of Policy Amount or $2,500.00 (whichever is less)$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B,you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1.Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning
ordinances and also laws and regulations conceming:
(a) and use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2.The right to take the land by condemning it, unless:
First American Title
Page 10 of 14
moo
Ill `orl/
Order Number:DIV-4948889
Page Number:11
(a)a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3.Title Risks:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
(c) that result in no loss to you
(d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4.Failure to pay value for your title.
5.Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b)in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1.(a) Any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(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. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
13,or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage,is
(a)a fraudulent conveyance or fraudulent transfer, or
(b)a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7.Any lien on the Title for real estate taxes or assessments imposed by govemmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
First American Title
Page 11 of 14
Ma
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Order Number:DIV-4948889
Page Number:12
4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6.Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNERS POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(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. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or
10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting
the Title as shown in Schedule A,is
(a)a fraudulent conveyance or fraudulent transfer, or
(b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6.Any lien or right to a lien for services, labor or material not shown by the public records.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
First American Title
Page 12 of 14
Order Number:DIV-4948889
Page Number:13
1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d),14 or 16.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c),
13(d), 14 or 16.
2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16,17,18,19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit
the coverage provided in Covered Risk 26.
6.Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date
of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage,is
(a)a fraudulent conveyance or fraudulent transfer, or
(b)a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
First American Title
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1.10.Yost American Title
Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such
information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information that you provide to us.It does not govern the manner in which we may use Information we have obtained from any other source, such as
information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fair Information Values.
Typesof Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:•Information we receive from you on applications, forms and in other communications to us, whether in writing,in person, by telephone or any other means;•Information about your transactions with us, our affiliated companies, or others; and•Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties
except:(1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such Information indefinitely, including the period
after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies.Such affiliated companies include finandal service providers, such as title insurers, property and casualty
insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,
we may also provide all the information we collect,as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial
institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and SecurityWe will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and
entitles who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and In accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal Information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe It is important you know how we treat the information about you we receive on the Internet.
In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the
domain names,not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information.First
American uses this Information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of
collection how we will use the personal Information.Usually,the personal information we collect is used only by us to respond to your inquiry,process an order or allow you to acrenc specific
account/profile information.If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site
can send to your browser, which may then store the cookie on your hard drive.
&Win=uses stored cookies.The goal of this technology is to better serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and
productive Web site experience.
Fair Information ValuesFairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record
and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information.
When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer
can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on
our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form 50-PRIVACY (9/1/10)Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)
First American Title
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