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CDP 2017-0056; ROOSEVELT STREET CAFE; Coastal Development Permit (CDP)
Cof LAND USE REVIEW Development Services City Planning Division Carlsbad APPLICATION 1635 Faraday Avenue P-1 (760) 6024610 www.carlsbadca.gov APPLICATIONS APPLIED FOR:(CHECK BOXES) ;(4.///a!(FOR DEPT. USE ONLY)isaisladve Pennies (FOR DEPT. USE ONLY) 67.Coastal Development Permit 0 Minor .00 0 General Plan Amendment O Conditional Use Permit Minor 0 Extension 0 Local Coastal Program Amendment O Day Care (Large)0 Master Plan 0 Amendment O Environmental Impact Assessment 0 Specific Plan 0 Amendment O Habitat Management Permit 0 Minor 0 Zone Change O Hillside Development Permit Minor 0 Zone Code Amendment O Nonconforming Construction Permit South Carlsbad Coastal Review AreaWS& O Planned Development Permit 0 Minor 0 Review Permit 0 Residential 0 Non-Residential 0 Administrative 0 Minor 0 Major O Planning Commission Determination O Reasonable Accommodation slINGIew Area Penults Site Development Plan 0 Minor Rev Permit WEEP! Special Use Permit Administrative 0 Minor 0 Major O Tentative Parcel Map (Minor Subdivision) O Tentative Tract Map (Major Subdivision) Variance 0 Minor NOTE A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT'. PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. 'SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S):493 -•3o6 Ca..."di 0 7 LOCATION OF PROJECT:3o Lis -reaaek,Sarlieit r S'nte -e-ri am-seaslfraard 5.•c:Acc)s-4:3 (STREET ADDRESS) NAME OF PROJECT:Zia'et/ et.re/41re- iBRIEF DESCRIPTION OF tec/r)CoOdze-or r ericiSivAia me-c-P To teSpeci.eic.dovv4 PROJECT:40.4041/ea S'ra.fen 70 fi-SE 7-04.0e2tran (reosi /et))• PROJECT VALUE ESTIMATED COMPLETION DATE 6 -at) ts5 (SITE IMPROVEMENTS)2 5'glide° FOR CITY USE ONLY Development No.Mg 2r0 ""0094 Lead Case No.RE .2-0 I /0 0 P-1 Page 1 of 6 Revised 03/17 OWNER NAME (PLEASE PRINT)APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME ?ie.c ?„45.044...INDIVIDUAL NAME / (if applicable):(If applicable):(5- CC.ern ••2_oaptte. COMPANY NAME ti COMPANY NAME (If applicable):ta-SOO ted-6PSe..(if applicable):s'es MAILING ADDRESS:A.a.s. ear•etcafell MAILING ADDRESS: CITY, STATE, ZIP:dre-iece.ir -86.—e--"Ciet/ACITY,STATE, ZIP: TELEPHONE:900.)If 760 613 er.o4 TELEPHONE: EMAIL ADDRESS:retArt (Art aefiCleEMAIL ADDRESS: /ea •caw6 CERTIFY THAT I AM THE LEGAL OWN -•D HAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMAT •IS TRUE AND C•-ECT •THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNO i •E.I CERTIFY ±LE I OWN •T THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SE ORTH EREIN I UTHO;E EPRESENTATIVE FOR P -POSES t THIS AP LICA ON CP.A90 7SIGNATU-DATE SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print):pie -fir e -/<4.504-K MAILING ADDRESS:/6Q 4"•/ear.- )cartirt_re toc.Ce -c5 CITY, STATE, ZIP:einClin r r'4 -Carek-Feeca.cc TELEPHONE:-2 (pc) —4..38 ^G90C 6 7 6 0 e3 icle9 (// 6'n ) EMAIL ADDRESS:4* (JO (Op yee._4 .Ca in". I CER T I AM THE REPRESE •OF THE PPLICANT FOR PU -OSES • F 'THIS APPLICAT AND THAT L.THE ABOVE •FORMATIO IS TRUE •CORRECT T•E BEST OF MY KNOVVLEDG nAliG2017 (5)A7/7/2SIGNATU•E DA E 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.INVE CONSENT TO •THIS PURPOSE. N E OF RESTRICTIO "ROPERTY •k ER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING CORDE ON THE TI 0,1 TO HIS PR •RTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH THE LAND ND BIND A CCE S •INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY AUG 211 2017 C LT DATE 4TAIARARPLICATION RECEIVED RECEIVED BY: C Page 2 of 6 Revised 03/17 Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement: I Certify that I am the Leaal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge.I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application.I agree to indemnify,hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees.I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-"or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City.I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy.The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk.This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk.I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature Date: Certification Statement I Certify that I am the LenaII Property •-.r the s •ject business location and that all of the above information is true and correct t best of my •wledge.I su •ort the applicant's request for a permit to place the subject property on th lic ewalk.nderstand that approved administrative permit shall remain in effect for as long as out r displa s are pe itted within Village Review Area and the permittee remains in compliance with the ject app ed permits es />Signature 111111..—CL...4 Date:r P-1 Page 3 of 6 Revised 03/17 C City of DISCLOSURE STATEMENT Development Services 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 attachecessary.) Person C7letro2671 C /C Corp/Part Title "7")Alin Ai OA c•-.R Title men iAddress5303 ti cSon •Addressenc.in csdcl-2aCie)- 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 offi .A separate page may be attached if necessary.) Person array C rp/Part Title en Ael t3 6e<Title Address 13th.(--1711"--Sr'''.Address 45C4-1;04—550 a SL P-1(A)Page 1 of 2 Revised 07/10 •—• 3.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust A7/.01"--Non Profit/Trust /\e//64 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 No If yes, please indicate person(s): NOTE:Attach additional shee '---. I edify that :II the -..ve information is e and correct to the best of my knowledge. /7 Signature of owner/date in .01)-^ .4 a---et,Signature of applicant/date RESOCate-e-et 4-1—C 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 City of PROJECT DESCRIPTION Development Services Planning Division Carlsbad P_1 (B)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME:foncs-Car Vet 74-Pa to APPLICANT NAME:/C—.e..arc)0.0c-dac, 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: /ten -.cvd-O an ci anti eeSe o an psi"(AA."7.:e.:A.j e.:x4...6erno 4 (fa ge -ioa $gc.." Cnn etc 0 ace..-4.""4l/le tare eit)ce.1"1d Ao_lia co/or /4° rpa---7?-41a3 43°Ce PaoSeciAcy g -7/-ete-'err al_.e .es risi-cfe-teccn C irecycl e 174. se-Cess-.an en z-re-e-e -frizv-oe.7-coe7 eae 0C--1 Pe--0/00 0 et fro.sAcoce c irc:)_/, 73/ - le e l 1.'(e)7 --e-cd—Se- CAtetiemf el5 S..40CC.10.S c--s 4:)_/.4j ofic_4/-740610c ,Z-Isuarin. a //In (IQ Ill.>C124)2 e /tc rioncr‘tim -s aAohccp C P-1(B)Page 1 of 1 Revised 07/10 HAZARDOUS WASTE Development ServicesCCity of AND SUBSTANCES Planning Division Carlsbad STATEMENT 1635 Faraday Avenue (760) 602-4610P-1(C)www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65982.5) 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): The development project and any alternatives proposed in this application are not contained on theEVIVZ - lists compiled pursuant to Section 65962.5 of the State Government Code. 0 The development project and any alternatives proposed in this application 1% contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name:Cidt facSOUleatiC.---S Li-C Name: Address:16c)S.arch 0 '-a-g -thr.-Address: t"--71.-se E acc 6.- --e-cint /as, Phone NumberOt )at°4:'A -7 Phone Number:260 6 3 -i -OCes Address of Site:St' Y r gacTeu42/74 S--Ar-C-In" Local Agency (City and County):e - A7 04 ~gssfeGv‘ca cl C .A.&on ry, Assessor's book, page, and parcel number cuP ea -...306 -toe.°Lc-vs 0 7 Specify list(s):A7/.06.- Regulatory Identification Number:/414.4 Date of List: Po.v / Applicant Sig ture/Date Pfopetty Ovmer SignatureiD 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 oft Revised 02/13 -- Per the California Environmental Protection Agency's website,'While Government Code Section 65962.5 [referred to as the Cortese List]makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in]1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.caleoa.camovisitecleanuo/CorteseList/default.htm www.caleoa.ca.00vidatabase/calsites www.envirostor.dtsc.ca.00v/oublic EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://aeotracker.waterboards.ca.00v/ County of San Diego Department of Environmental Health Services www.co.san-diecto.ca.uskieh Hazardous Materials Division www.sdcountv.ca.aov/deh/hazmatthazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.00v/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.ena.00v/suoerfundisites/nol/nol.htm P-1(C)Page 2 of 2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed:%TV-1h 1 (To be completed by City) Application Number(s):R P v2.0 -00 11 i co P -A0 -a. General Information 1.Name of project:Sairse tial /.Cia 2.Name of developer or project sponsor:C>IC-de are.caiteC-5;C Address:/6v1 S•a nC -X0 -74k-0 R -es- City, State, Zip Code:eSkc H 42-S,C04—71-3e).14. Phone Number:760 o 4 3 -es° 6 3.Name of person to be contacted concerning this cjenater21151 C.7a."‘"Vcal< Address:/6c) JJ /Re City, State, Zip Code:el -tlin 741 S.0'4 -c' Phone Number:760 633 -0006 4.Address of Project:.__&Z:)ttir -..aPctiS.EFL.PC3/74-S 71C-6119 Assessors Parcel Number:0.0 a -so 6 -bax.cza S 0 -7 5.List and describe any other related permits and other public approvals required for this project, including those required by city, region to and federal agencies: Aacits.n_av •Q.)1 -eriC vri e\;" &cr 74 /7.1 4_..ofcsanc-sn 6.Existing General Plan Land Use Designation:j //a s e_) 7.Existing zoning district:Vic do 5'0 l2 (..1/.th CA))"e• 8.Existing land use(s):Q o o sti-Q .Car)/9 awl let NS A c3/4/„S'c in 9.Proposed use of site (Project for which this form is filed):gitaS Lite at rt 14 ?<do d 0 cm.cl A((otippeo Project Description 10.Site size:7,00 0 47.ji 11.Proposed Building square footage:02t S as C •6 12:Number of floors of construction:--7104.)rte/' 13.Amount of off-street parking provided:ei)X .74'ra ) 14.Associated projects: P-1(D)Page 2 of 4 Revised 07/10 15.If residential, include the number of units and schedule of unit sizes:A/#4.4 16.If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: net:9 A Z(ode Aead_0/2442" 1 Y-12.e ortechfici AtanA 17.If industrial, indicate type, estimated employment per shift, and loading facilities:Ai/.04 18.If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: /\7/714- 19.If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: 011/04-- P-1(D)Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects?Discuss all items checked yes (attach additional sheets as necessary). Yes No 20.Change in existing features of any bays, tidelands, beaches, or hills, or substantial 0 alteration of ground contours. 21.Change in scenic views or vistas from existing residential areas or public lands or 0 roads. 22.Change in pattern, scale or character of general area of project.0 23.Significant amounts of solid waste or litter.EC; 24.Change in dust, ash, smoke, fumes or odors in vicinity. 25.Change in ocean,bay,lake,stream or ground water quality or quantity,or 0 IS21 alteration of existing drainage patterns. 26.Substantial change in existing noise or vibration levels in the vicinity.tiry 27.Site on filled land or on slope of 10 percent or more. 28.Use of disposal of potentially hazardous materials,such as toxic substances,0 flammables or explosives. 29.Substantial change in demand for municipal services (police, fire, water, sewage,0 Er etc.). 30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).0 Se 31.Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: 32.Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects.Describe any existing structures on the site, and the use of the structures.Attach photographs of the site.Snapshots or Polaroid photos will be accepted. 33.Describe the surrounding properties,including information on plants and animals and any cultural, historical or scenic aspects.Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height,frontage,set-back,rear yard,etc.).Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements fumished above and in the a.-•exhibits prese e data and information required for this initial evaluation to the best of my .ity, and hat the fa statements, an• information presented are true and correct to the best of my owledge .d belief. Date:/?Signatur-: For:tje_i2 RErc.c).r_a4c-f P-1(0)Page 4 of 4 Revised 07/10 • 0 Chicago Title Insurance Company POLICY NO.:CA-FBSC-IMP-72472-1 -17-00065965 POLICY OF TITLE INSURANCE Issued by Chicago Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,CHICAGO TITLE INSURANCE COMPANY,a Nebraska corporation, herein called the Company, insures,as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1.Title to the estate or interest described in Schedule A being vested other than as stated therein; 2.Any defect in or lien or encumbrance on the title; 3.Unmarketability of the title; 4.Lack of right of access to and from the land; and in addition,as to an insured lender only: 5.The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6.The priority of any lien or encumbrance over the lien of the insured mortgage,said mortgage being shown in Schedule B in the order of its priority; 7.The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. Chicago Title Insurance Company Countersigned:ay Randy Clork. Prardont By: Authorized Signature libehaol Gravelle. Secretary 72472 CLTA Standard Coverage —1990 (04-08-14)Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. • Order No.00065965 -004-RM -TVA Policy No. CA-1713SC-IMP-72472-I -n-00065965 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 are expenses which arise by reason of: 1.(a)Any law, ordinance or governmental regulations (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy,use,or enjoyment ofthe land; (ii) the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or (iv) environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2.Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3.Defects, liens, encumbrances, adverse claims or other matters: (a)whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b)not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy; or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4.Unenforceability ofthe lien of the insured mortgage because of the inability or failure ofthe insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the state in which the land is situated. 5.Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6.Any claim,which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy,state insolvency or similar creditors' rights laws. 72472 CLTA Standard Coverage— 1990 (04-08-14)Page 2 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. • Order No.00065965 -004-RM1-TVA Policy No. CA-FBSC-1MP-72472-1 -17-00065965 CONDITIONS AND STIPULATIONS I.Definition of Terms.secured by a purchase money mortgage given by a purchaser from the insured, or The following terms when used in this policy mean:only so long as the insured shall have liability by reason ofcovenants of warranty (a)"insured": the insured named in Schedule A, and, subject to any rights made by the insured in any transfer or conveyance of the estate or interest. This or defenses the Company would have had against the named insured, those who policy shall not continue in force in favor of any purchaser from an insured of succeed to the interest ofthe named insured by operation of law as distinguished either (i)an estate or interest in the land,or (ii)an indebtedness secured by a from purchase including,but not limited to,heirs,distributees,devisees,purchase money mortgage given to an insured. survivors,personal representatives,next of king or corporate or fiduciary (c)Amount of Insurance.The amount of insurance after the acquisition successors.The term "insured" also includes:or after the conveyance by an insured lender shall in neither event exceed the (i)the owner of the indebtedness secured by the insured mortgage least of: and each successor in ownership ofthe indebtedness except a successor who is an (i)The amount ofinsurance stated in Schedule A; obligor under the provisions of Section 12(c)of these Conditions and Stipulations (ii)The amount of the principal of the indebtedness secured by the (reserving, however, all rights and defenses as to any successor that the Company insured mortgage as of Date of Policy,interest thereon, expenses offoreclosure, would have had against any predecessor insured,unless the successor acquired amounts advanced pursuant to the insured mortgage to assure compliance with the indebtedness as a purchaser for value without knowledge of the asserted laws or to protect the lien of the insured mortgage prior to the time of acquisition defect,lien, encumbrance,adverse claim or other matter insured against by this of the estate or interest in the land and secured thereby and reasonable amounts policy as affecting title to the estate or interest in the land);expended to prevent deterioration of improvements, but reduced by the amount of (ii)any governmental agency or governmental instrumentality all payments made; or which is an insurer or guarantor under an insurance contract or guaranty insuring (iii)The amount paid by'an governmental agency or governmental or guaranteeing the indebtedness secured by the insured mortgage,or any part instrumentality,if the agency or the instrumentality is the insured claimant,in the thereof, whether named as an insured herein or not,acquisition of the estate or interest in satisfaction of its insurance contract or(iii)the parties designated in Section 2(a)of these Conditions and guaranty. Stipulations.3.Notice of Claim to be Given by Insured Claimant. (iv)Subject to any rights or defenses the Company would have had An insured shall notify the Company promptly in writing (i)in case of any against the named insured, A) the spouse of an insured who receives title to the litigation as set forth in 4(a)below,(ii)in case knowledge shall come to an land because of dissolution of marriage, B)the trustee or successor trustee of a insured hereunder of any claim of title or interest which is adverse to the title to trust or any estate planning entity created for the insured to whom or to which the the estate or interest or the lien of the insured mortgage,as insured,and which insured transfers title to the land after the Date of Policy or C) the beneficiaries of might cause loss or damage for which the Company may be liable by virtue of such a trust upon the death of the insured.,this policy,or (iii)if title to the estate or interest or the lien of the insured (b)"insured claimant":an insured claiming loss or damage.mortgage,as insured,is rejected as unmarketable.If prompt notice shall not be (e)"insured lender': the owner ofan insured mortgage.given to the Company,then as to that insured all liability of the Company shall (d)"insured mortgage":a mortgage shown in Schedule13,the owner of terminate with regard to the matter or matters for which prompt notice is which is named as an insured in Schedule A required; provided, however, that failure to notify the Company shall in no case (e)"knowledge"or "known":actual knowledge,not constructive prejudice the rights of any insured under this policy unless the Company shall be knowledge or notice which may be imputed to an insured by reasons ofthe public prejudiced by the failure and then only to the extent ofthe prejudice, records as defined in this policy or any other records which impart constructive 4.Defense and Prosecution of Actions;Duty of Insured Claimant to notice of matters affecting the land.Cooperate. (f)"land":the land described or referred to in Schedule A,and (a)Upon written request by an insured and subject to the options improvements affixed thereto which by law constitute real property.The term contained in Section 6 of these Conditions and Stipulations,the Company, at its "land"does not include any property beyond the lines of the area described or own cost and without unreasonable delay, shall provide for the defense of such referred to in Schedule A,nor any right,title,interest,estate or easement in insured in litigation in which any third party asserts a claim adverse to the title or abutting streets,roads,avenues,alleys,lanes,ways or waterways,but nothing interest as insured, but only as to those stated causes of action alleging a defect, herein shall modify or limit the extent to which a right of access to and from the lien or encumbrance or other matter insured against by this policy. The Company land is insured by this policy.shall have the right to select counsel of its choice (subject to the right of such (g)"mortgage":mortgage,deed of trust,trust deed,or other security insured to object for reasonable cause) to represent the insured as to those stated instrument.causes ofaction and shall not be liable for and will not pay the fees of any other (h)"public records":records established under state statutes at Date of counsel.The company will not pay any fees,costs or expenses incurred by an Policy for the purpose of imparting constructive notice of matters relating to real insured in the defense of those causes of action which allege matters not insured property to purchasers for value and without knowledge.against by this policy. (i)"unmarketability of the title":an alleged or apparent matter affecting (b)The Company shall have the right,at its own cost,to institute and the title to the land, not excluded or excepted from coverage, which would entitle prosecute any action or proceeding or to do any other act which in its opinion a purchaser of the estate or interest described in Schedule A or the insured may be necessary or desirable to establish the title to the estate or interest or the mortgage to be released from the obligation to purchase by vinue of a contractual lien of the insured mortgage,as insured, or to prevent or reduce loss or damage to condition requiring the delivery of marketable title.an insured,The Company may take any appropriate action under the terms of 2.Continuation of Insurance this policy,whether or not it shall be liable hereunder,and shall not thereby (a)After Acquisition of Title by Insured Lender.Ifthis policy insures the concede liability 01 waive any provision of this policy.If the Company shall owner of the indebtedness secured by the insured mortgage,the coverage of this exercise its rights under this paragraph, it shall do so diligently. policy shall continue in force as of Date of Policy in favor of (i)such insured (c)Whenever the Company shall have brought an action or interposed a lender who acquires all or any part of the estate or interest in the land by defense as required or permitted by the provisions of this policy,the Company foreclosure,trustee's sale,conveyance in lieu of foreclosure,or other legal may pursue any litigation to final determination by a court of competent manner which discharges the lien of the insured mortgage;(ii)a transferee ofthe jurisdiction and expressly reserves the right, in its sole discretion, to appeal from estate or interest so acquired from an insured corporation, provided the transferee any adverse judgment or order. is the parent or wholly-owned subsidiary of the insured corporation,and their (d)In all cases where this policy permits or requires the Company to corporate successors by operation of law and not by purchase,subject to any prosecute or provide for the defense of any action or proceeding,an insured shall rights or defenses the Company may have against any predecessor insureds; and secure to the Company the right to so prosecute or provide defense in the action (iii)any governmental agency or governmental instrumentality which acquires all or proceeding,and all appeals therein,and permit the Company to use,at its or any part of the estate or interest pursuant to a contract of' insurance or guaranty option,the name of such insured for this purpose.Whenever requested by the insuring or guaranteeing the indebtedness secured by the insured mortgage.Company,an insured,at the Company's expense,shall give the Company all (b)After Conveyance of Title by an Insured. The coverage of this policy reasonable aid (i)in any action or proceeding,securing evidence,obtaining shall continue in force as of Date of Policy in favor of an insured only so long as witnesses,prosecuting or defending the action or proceeding,or effecting the insured retains an estate or interest in the land,or holds an indebtedness settlement, and (ii)in any other lawful act which in the opinion of the Company 72472 CLTA Standard Coverage— 1990 (04-08-14)Page 3 Ck California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. • Order No.:00065965-004-RM I -TVA POIicy No.:CA-FBSC-IMP-72472-I -17-00065965 may be necessary or desirable to establish the title to the estate or interest or the costs,attorneys'fees and expenses incurred by the insured claimant which were lien of the insured mortgage,as insured.If the Company is prejudiced by the authorized by the Company up to the time ofpayment and which the Company is failure of an insured to furnish the required cooperation,the Company's obligated to pay; or —obligations to such insured under the policy shall terminate,including any (ii)to pay or otherwise settle with the insured claimant the loss or liability or obligation to defend, prosecute, or continue any litigation, with regard damage provided for under this policy,together with any costs,attorneys'fees to the matter or matters requiring such cooperation.and expenses incurred by the insured claimant which were authorized by the 5.Proof of Loss or Damage.Company up to the time ofpayment and which the Company is obligated to pay. In addition to and after the notices required under Section 3 of these Upon the exercise by the Company of either of the options provided for in Conditions and Stipulations have been provided the Company,a proof of loss or paragraphs b(i)or b(ii),the Company's obligations to the insured under this damage signed and sworn to by each insured claimant shall be furnished to the policy for the claimed loss or damage,other than the payments required to be Company within 90 days after the insured claimant shall ascertain the facts giving made, shall terminate, including any liability or obligation to defend, prosecute or rise to the loss or damage.The proof of loss or damage shall describe the defect continue any litigation. in,or lien or encumbrance on the title,or other matter insured against by this 7.Determination and Extent of Liability. policy which constitutes the basis of loss or damage and shall state, to the extent This policy is a contract of indemnity against actual monetary loss or possible,the basis of calculating the amount of the loss or damage.If the damage sustained or incurred by the insured claimant who has suffered loss or Company is prejudiced by the failure of an insured claimant to provide the damage by reason of matters insured against by this policy and only to the extent required proof of loss or damage,the Company's obligations to such insured herein described. under the policy shall terminate, including any liability or obligation to defend,(a)The liability of the Company under this policy to an insured lender prosecute,or continue any litigation,with regard to the matter or matters shall not exceed the least of: requiring such proof ofloss or damage.(i)the Amount of Insurance stated in Schedule A, or,if applicable, In addition,an insured claimant may reasonably be required to submit to the amount of insurance as defined in Section 2 (c)of these Conditions and examination under oath by any authorized representative of the Company and Stipulations; shall produce for examination,inspection and copying,at such reasonable times (ii)the amount of the unpaid principal indebtedness secured by the and places as may be designated by any authorized representative of the insured mortgage as limited or provided under Section 8 of these Conditions and Company,all records,books,ledgers,checks,correspondence and memoranda,Stipulations or as reduced under Section 9 of these Conditions and Stipulations, whether bearing a dare before or after Date ofPolicy, which reasonably pertain to at the time the loss or damage insured against by this policy occurs, together with the loss or damage.Further,if requested by any authorized representative of the interest thereon; or Company,the insured claimant shall grant its permission,in writing,for any (iii)the difference between the value of the insured estate or interest authorized representative of the Company to examine,inspect and copy all as insured and the value of the insured estate or interest subject to the defect, lien records, books, ledgers, checks, correspondence and memoranda in the custody or or encumbrance insured against by this policy. control of a third party,which reasonably pertain to the loss or damage.All (b)In the event the insured lender has acquired the estate or interest in the information designated as confidential by an insured claimant provided to the manner described in Section 2(a)of these Conditions and Stipulations or has Company pursuant to this Section shall not be disclosed to others unless,in the conveyed the title, then the liability of the Company shall continue as set forth in reasonable judgment of the Company, it is necessary in the administration of the Section 7(a)of these Conditions and Stipulations. claim.Failure of an insured claimant to submit for examination under oath,(c)The liability of the Company under this policy to an insured owner of produce other reasonably requested information or grant permission to secure the estate or interest in the land described in Schedule A shall not exceed the least reasonably necessary information from third parties as required in this paragraph,of: unless prohibited by law or govemmental regulation, shall terminate any liability (i)the Amount of Insurance stated in Schedule A; or, of the Company under this policy as to that insured for that claim.(ii)the difference between the value of the insured estate or interest 6.Options to Pay or Othenvise Settle Claims; Termination of Liability.as insured and the value of the insured estate or interest subject to the defect, lien In case of a claim under this policy, the Company shall have the following or encumbrance insured against by this policy. additional options:(d)The Company will pay only those costs, attorneys' fees and expenses (a)To Pay or Tender Payment ofthe Amount of Insurance or to Purchase incurred in accordance with Section 4 ofthese Conditions and Stipulations. the Indebtedness.8.Limitation of Liability. (i)to pay or tender payment of the amount of insurance under this (a)If the Company establishes the title,or removes the alleged defect, policy together with any costs,attorneys'fees and expenses incurred by the lien or encumbrance, or cures the lack ofa right ofaccess to or from the land, or insured claimant,which were authorized by the Company,up to the time of cures the claim of unmarketability of title,or otherwise establishes the lien of the payment or tender of payment and which the Company is obligated to pay; or insured mortgage, all as insured, in a reasonably diligent manner by any method,(ii)in case loss or damage is claimed under this policy by the owner including litigation and the completion of any appeals therefrom,it shall have of the indebtedness secured by the insured mortgage,to purchase the fully performed its obligations with respect to that matter and shall not be liable indebtedness secured by the insured mortgage for the amount owning thereon for any loss or damage caused thereby. together with any costs,attorneys'fees and expenses incurred by the insured (b)In the event of any litigation, including litigation by the Company or claimant which were authorized by the Company up to the time of purchase and with the Company's consent,the Company shall have no liability for loss or which the Company is obligated to pay.damage until there has heen a final determination by a court of competentIfthe Company offers to purchase the indebtedness as herein provided,the jurisdiction,and disposition of all appeals therefrom,adverse to the title,or,if owner of the indebtedness shall transfer, assign, and convey the indebtedness and applicable, to the lien ofthe insured mortgage,as insured. the insured mortgage, together with any collateral security, to the Company upon (c)The Company shall not be liable for loss or damage to any insured for payment therefor.liability voluntarily assumed by the insured in settling any claim or suit without Upon the exercise by the Company of the option provided for in paragraph the prior written consent of the Company. a(i),all liability and obligations to the insured under this policy, other than to (d)The Company shall not be liable to an insured lender for;(i)any make the payment required in that paragraph,shall terminate,including any indebtedness created subsequent to Date of Policy except for advances made to liability or obligation to defend,prosecute,or continue any litigation,and the protect the lien of the insured mortgage and secured thereby and reasonable policy shall be surrendered to the Company for cancellation.amounts expended to prevent deterioration of improvements; or (ii) construction Upon the exercise by the Company ofthe option provided for in paragraph loan advances made subsequent to Date of Policy,except construction loan a(ii)the Company's obligation to an insured Lender under this policy for the advances made subsequent to Date of Policy for the purpose of financing in claimed loss or damage,other than the payment required to be made,shall whole or in part the construction of an improvement to the land which at Date of terminate,including any liability or obligation to defend,prosecute or continue Policy were secured by the insured mortgage and which the insured was and any litigation.continued to be obligated to advance at and after Date ofPolicy. (b)To Pay or Otherwise Settle with Parties Other than the Insured or 9.Reduction of Insurance;Reduction or Termination of Liability. With the Insured Claimant.(a)All payments under this policy,except payments made for costs, (i)to pay or otherwise settle with other parties for or in the name of attorneys'fees and expenses,shall reduce the amount of insurance pro tanto. an insured claimant any claim insured against under this policy, together with any However,as to an insured lender,any payments made prior to the acquisition of 72472 CLTA Standard Coverage —1990 (04 -08-14)Page 4 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Lend Title Association. Order No.:00065965-004-RM 1 -TVA Policy No.:CA-FBSC-IMP-72472-1 -17-00065965 title to the estate or interest as provided in Section 2(a)of these Conditions and release a portion ofthe estate or interest from the lien of the insured mortgage, or Stipulations shall not reduce pro tanto the amount of insurance afforded under release any collateral security for the indebtedness. this policy as to any such insured, except to the extent that the payments reduce When the permitted acts of the insured claimant occur and the insured has —the amount of the indebtedness secured by the insured mortgage.knowledge of any claim of title or interest adverse to the title to the estate or (b)Payment in part by any person ofthe principal of the indebtedness, or interest or the priority or enforceability of the lien of an insured mortgage,as any other obligation secured by the insured mortgage,or any voluntary partial insured, the Company shall be required to pay only that part of any losses insured satisfaction or release of the insured mortgage,to the extent of the payment,against by this policy which shall exceed the amount,if any, lost to the Company satisfaction or release,shall reduce the amount of insurance pro tanto.The by reason of the impairment by the insured claimant of the Company's right of amount of insurance may thereafter be increased by accruing interest and subrogation advances made to protect the lien of the insured mortgage and secured thereby,(c)The Company's Rights Against Non-insured Obligors. with interest thereon,provided in no event shall the amount of insurance be The Company's right ofsubrogation against non-insured obligors shall exist greater than the Amount of Insurance stated in Schedule A.and shall include,without limitation,the rights of the insured to indemnities, (c)Payment in full by any person or the voluntary satisfaction or release guaranties,other policies of insurance or bonds,notwithstanding any terms or of the insured mortgage shall terminate all liability of the Company to an insured conditions contained in those instruments which provide for subrogation rights by lender except as provided in Section 2(a)ofthese Conditions and Stipulations.reason of this policy. 10.Liability Noncumulative.The Company's right of subrogation shall not be avoided by acquisition of It is expressly understood that the amount of insurance under this policy an insured mortgage by an obligor (except an obligor described in Section 1(a)(ii) shall be reduced by any amount the Company may pay under any policy insuring of these Conditions and Stipulations)who acquires the insured mortgage as a a mortgage to which exception is taken in Schedule or to which the insured has result of an indemnity,guarantee,other policy of insurance,or bond and the agreed,assumed,or taken subject, or which is hereafter executed by an insured obligor will not be an insured under this policy, notwithstanding Section 1(a)(i) and which is a charge or lien on the estate or interest described or referred to in of these Conditions and Stipulations. Schedule A, and the amount so paid shall be deemed a payment under this policy 13.Arbitration. to the insured owner.Unless prohibited by applicable law, either the Company or the insured may The provisions of this Section shall not apply to an insured lender,unless demand arbitration pursuant to the Title Insurance Arbitration Rules of the such insured acquires title to said estate or interest in satisfaction of the American Arbitration Association.Arbitrable matters may include,but are not indebtedness secured by an insured mortgage.limited to,any controversy or claim between the Company and the insured 11.Payment of Loss.arising out of or relating to this policy, any service ofthe Company in connection (a)No payment shall be made without producing this policy for with its issuance or the breach of a policy provision or other obligation.All endorsement of the payment unless the policy has been lost or destroyed,in arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be which case proof ofloss or destruction shall be furnished to the satisfaction of the arbitrated at the option of either the Company or the insured.All arbitrable Company.matters when the Amount of Insurance is in excess of $1,000,000 shall be (b)When liability and the extent of loss or damage has been definitely arbitrated only when agreed to by both the Company and the insured.Arbitration fixed in accordance with these Conditions and Stipulations,the loss or damage pursuant to this policy and under the Rules in effect on the date the demand for shall be payable within 30 days thereafter.arbitration is made or, at the option of the insured,the Rules in effect at Date of 12.Subrogation Upon Payment or Settlement.Policy shall be binding upon the parties.The award may include attorneys'fees (a)The Company's Right ofSubrogation only if the laws of the state in which the land is located permit a court to award Whenever the Company shall have settled and paid a claim under this attorneys' fees to a prevailing party. Judgment upon the award rendered by the policy, all right of subrogation shall vest in the Company unaffected by any act of Arbitrator(s) may be entered in any court having jurisdiction thereof the insured claimant.The law of the situs of the land shall apply to an arbitration under the Title The Company shall be subrogated to and be entitled to all rights and Insurance Arbitration Rules. remedies which the insured claimant would have had against any person or A copy of the Rules may be obtained from the Company upon request. property in respect to the claim had this policy not been issued.If requested by 14.Liability Limited to This Policy; Policy Entire Contract. the Company,the insured claimant shall transfer to the Company all rights and (a)This policy together with ail endorsements,if any,attached hereto by remedies against any person or property necessary in order to perfect this right of the Company is the entire policy and contract between the insured and the subrogation.The insured claimant shall permit the Company to sue,compromise Company.In interpreting any provision of this policy,this policy shall be or settle in the name of the insured claimant and to use the name of the insured construed as a whole. claimant in any transaction or litigation involving these rights or remedies.(b)Any claim ofloss or damage, whether or not based on negligence, and If a payment on account of a claim does not fully cover the loss of the which arises out of the status of the lien of the insured mortgage or ofthe title to insured claimant, the Company shall be subrogated (i)as to an insured owner, to the estate or interest covered hereby or by any action asserting such claim,shall all rights and remedies in the proportion which the Company's payment bears to be restricted to this policy. the whole amount of the loss;and (ii)as to an insured lender,to all rights and (c)No amendment of or endorsement to this policy can be made except remedies of the insured claimant after the insured claimant shall have recovered by a writing endorsed hereon or attached hereto signed by either the President,a its principal, interest,and costs ofcollection.Vice President,the Secretary,an Assistant Secretary,or validating officer or If loss should result from any act of the insured claimant,as stated above,authorized signatory of the Company. that act shall not void this policy,but the Company,in that event,shall be 15.Severability. required to pay only that part of any losses insured against by this policy which In the event any provision of the policy is held invalid or unenforceable shall exceed the amount,if any, lost to the Company by reason ofthe impairment under applicable law, the policy shall be deemed not to include that provision and by the insured claimant of the Company's right of subrogation all other provisions shall remain in full force and effect. (b)The Insured's Rights and Limitations.16.Notices, Where Sent. Notwithstanding the foregoing, the owner of the indebtedness secured by an All notices required to be given the Company and any statement in writing insured mortgage, provided the priority of the lien ofthe insured mortgage or its required to be furnished the Company shall include the number ofthis policy and enforceability is not affected,may release or substitute the personal liability of shall be addressed to the Company at Chicago Title Insurance Company,Attn: any debtor or guarantor, or extend or otherwise modify the terms of payment, or Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. 72472 CLTA Standard Coverage -1990 (04-08-14)Page 5 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No.00065965-004-RM1 -TVA Policy No. CA-FBSC-IMP-72472-1 -17-00065965 SCHEDULE A Order No.:00065965-004-RM1-TVA Policy No.:CA-FBSC-IMP-72472-1-17-00065965 Amount of Insurance:51,250,000.00 Premium:$3,018.00 Date of Policy:March 6,2017 at 4:11 PM I.Name of Insured: JCR Resources,LLC,an Oregon limited liability company 2.The estate or interest in the land which is covered by this policy is: A FEE 3.Title to the estate or interest in the land is vested in: JCR Resources,LLC,an Oregon limited liability company 4.The land referred to in this policy is described as follows: See Exhibit A attached hereto and made a part hereof. 72472 CLTA Standard Coverage —1990 (04-08-14)Page 6 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No.00065965-004-RM l-TVA Policy No. CA-FBSC-IMP-72472-1-17-00065965 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED CARLSBAD,IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 23 AND 24 IN BLOCK 23 IN THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.535,FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2,1888. APN: 203 -306-06 &07 APN:203-306-06 72472 CLTA Standard Coverage —1990 (04-08-14)Page 7 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No.00065965-004-RM I -TVA Policy No. CA-FBSC-IMP-72472-1-17-00065965 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'fees or expenses)which arise by reason of: PART I 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 such proceedings, whether or not shown by the records of such agency or by the public records. 2.Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3.Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4.Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose, and which are not shown by the public records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c)are shown by the public records. 6.Any lien or right to a lien for services, labor or material not shown by the public records. 72472 CLIA Standard Coverage— 1990 (04-08-14)Page 8 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the dote of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No.00065965-004-RMI -tvA Policy No. CA-FFISC-IMP-72472-1 -17-00065965 SCHEDULE B EXCEPTIONS FROM COVERAGE PART 11 A.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2017-2018. 13.The lien of supplemental or escaped assessments of property taxes,if any,made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date ofPolicy. I.Recitals as shown on that certain map/plat Recording No:Map Nos. 535 and 775 Which among other things recites:Note -5 ft.is reserved on all exterior lines. Reference is hereby made to said document for full particulars. 2.Easement(s) for the purpose(s) shown below and rights incidental thereto,as granted in a document: Granted to:San Diego Gas and Electric Company Purpose:public utilities, ingress,egress Recording No:Book 1027. page 189 ofDeeds Affects:A portion of the Land described herein. 3.An unrecorded lease with certain terms,covenants, conditions and provisions set forth therein as disclosed by the document Entitled:Subordination, Non-Disturbance and Attornment Agreement and Estoppel Certificate Lessor:Sara Teran Lessee:Alan's Beauty Salon Recording Date:September 11, 2009 Recording No:2009-0507872 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 4.An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled:Subordination, Non-Disturbance and Attornment Agreement and Estoppel Certificate Lessor:Sara Teran Lessee:Carlsbad Village Indep. Meredes & Volvo Service, Inc. Recording Date:September 11, 2009 Recording No:2009-0507873 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 72472 CLTA Standard Coverage -1990 (04-08-14)Page 9 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No.:00065965-004-RM1 -IVA Policy No.:CA-PHSC-IMP-72472-1 -17-00065965 SCHEDULE B —Part H (Continued) 5.An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled:Subordination, Non-Disturbance and Attomment Agreement and Estoppel Certificate Lessor:Sara Teran Lessee:Alcoholics Anonymous Recording Date:September I I, 2009 Recording No:2009-0507874 of Official Records The present ownership ofthe leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 6.Water rights, claims or title to water, whether or not disclosed by the public records. 72472 CLTA Standard Coverage —1990 (04-08-14)Page 10 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. -04.; 90iIMMISMIIIIIIMUNIMISIIIMIII:INIIIIME1==' 1111111•111•11110111 . 1110.1111S111111 1 06 14 1 o0 1 .j rtfr I.illIZIMIMMIIII----' cc7S IIMIM111111111COOMMI=0111:3 %EAV 1VQ AgilNLEICILIMIZIIII1201WIIMMICIESIM;.'--.--;;;..0..-„.„,. .""..."4.6-"7"..‘.j...CESCIEZIIENCI s.”vo ....;.1,c .._. .,..,.(77ESZKBEEBEZZEWEZCZ:1057122125 I...,ow 1CIEDUMIEEMC21oi.——-=f1211121121911211 r.);‘r ;_ ___ .9cazuzzawirraelz-g _9 Z Eo EIZIOMMINNIEWMIllEtiftlalliat ilii ic - ...s 7C)__.9,).'— CZEE''.7 En-.....,UMEflia7M9111/023 tc.N.0 c._to fnFZIaLittillgtigii 1 EZNILIILAIMIW . §anoncorin 1- Lt.' taLVEMILAJCID ogirv.mmaingatzu —-giaMSLItiallid .a 7= VH - mticaziocr --;N-__N1.30 .....01 __. •En' -;-:-: ---- -.3a$. 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OSthth enthe A,..n,4r.r..sass _J r- Cr en r. ii ... 517thellef.NOM en MIA.MIAG Tan IIIIC AM)101 OA Rt......t.......WAD.15 AMA JO OfteMY Ath eth On1STY .55.anon)Di MADSEN/the itheNnbey NJ Wtheild Me em MR i• ..2co. .0 Kick"-rod 0 thNi6iwptiFs he5thirthuVriperrerienniedilocetig thi-remtn donatedLandpn neetthan to ethonningstreaTeregerOcTinciejlen iinTaFillinaMiirroTErsTA%icTi thekasTmcted.ento soled6ay01Me Insthence sexpreenA molleed hy encloreement rt any,the Company Coto nth insure d.thent.One. distanCen, thereon or easements. aVerme or other Melton. ehownthereon,0.5;700066 Bathe 1 MrDoc' SD A 203-30 reequeethe By j stevennon, Protect 12.28.2016 1a10 AM --, • C•kwCC ZagreVela 2611• EXHIBIT "A" Lot 23 and 24 in Block 33 in Town of Carlsbad,in the City ofCarlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the office ofthe County recorder ofSan Diego County of May 2, 1888 APN: 203-306-06-00 (Affects: Lot 23) and 203-306-07-00 (Affects: Lot 24) Page 3 of --_ Non-Order Search Page 3 of 5 Requested By: tammief, Printed: 7/1/2016 10:23 AM Doc: SD:2009 00507876 —. 0 1 2Izies=1 Standard Scale 1 :1 al GP\ "e iie.4_7 - K .. • ...7' <sal ::•7 7 . • "•°_.0 ....r 144° ii)•..7 Calar)7 ,b le)eye/ i '0 ge._ I1/4.2 1 if.va,„,(0 ....r1/4J 0 V. O./et• 7 ... • CP1r,_..• ...% V')sr •it-).,w . ir .. 6' 47„„sue , \- 35.--1/4)),‘ 7 war 0 14'I/ts)/1.(S) 44.1 7 leIt. ..7,.....WI LJ ....." Legend Property In Question -Fee Item No. 2 -Easement for Public Utilities, Ingress & Egress In Bk1027 Pg189 of Deeds Affects said portion as described in the document et 2016 Na Order No.:65965,Prellminsry Report dated Decanter 13, 2016 DrevAng Me:12/2112019 -FNFI Chicago Title Company Fthertnce:Assessors Parcel No.: 203-306-06 1 07 2365 NOraiildaOno. Soft 600 San Diego, CA521013 Property: 3045 ROOSEVELT STREET, CARLSBAD. CA Dale : TN.=piperawing Amstedes en ald In Ionian Henatan sewed Plat Shades:LOTS 23 AND 24 IN BLOCK 23 IN THE TOWN OF CARLSBAD, IN THE CITY OF CARLS8A0, IN THE COUNTY Sheet LIM,,d!ILI."'In "J„,,°:,4,.,„Aa.,,...ja.A"t".tunic.....„11111arr_.„_..and°S.L....11",.OF BAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF I orI ed.;lo - so—rise:17.24. -ray.--„wesd-rby .n. . -d=nwitHC"...grany.tal " ''.1C °gripe.'"COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2,18116. dennotWain dinionolon, clatinow. Wagon of onsanontoawilap of other modal thawMaroon MO.•