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HomeMy WebLinkAboutCT 02-06; KIRGIS TENTATIVE MAP; Engineering ApplicationCITY OF CARLSBAD ENGINEERING DEPARTMENT Tentative Map Extension Application Project Number: CARLSBAD TRACT CT-02-06 Project Name: KIRGIS SUBDIVIDION Location: SOUTH END Side of TWAIN AVE. Between NIA and N/A ------------ (N/S/E/W) Street Name Street Name Street Name Brief Description: 5 LOT RESIDENTIAL SUBDIVISION ON A PRIVATE STREET AND LOT WITH16.5 ACS OF OPEN SPACE R " R st ENORMOUS HURDLES, ENVIROMENTAL ISSUES,DEATH OF PROJECT MANAGER, RECOVERY KIDNEY eason ,or eque : TRANSPLANT OF PROJECT ENGINEER, DROP IN MARKET APPUCANT OWNER Name: PERGOLA NEVADA, LLC Name: PERGOLA NEVADA, LLC Street Address: City, State, Zip: Phone Number: Fax Number: P.O. BOX 1215 CARLSBAD, CA 92008 760-419-0450/760-480-6062 760-729-6146/760-494-1128 .com/mail@shamrock.us.com Date Current Map Expiration Date: March 2, 2008 Facility Zone: Street Address: City, State, Zip: Phone Number: Fax Number: 8 Subdivision Type: Residential Number of Lots: 7 Date Assigned: Land Use Engineer: Project Planner: H:/DEVELOPMENT SERVICES/MASTERS/Applications-Counter/Tentative Map Extension Application P.O. BOX 1215 CARLSBAD, CA 92008 760-419-0450/760-480-6062 760-729-6146/760-494-1128 o.com/mail@shamrock.us.com Date APN: 212-010-03 Acreage: 21.9 Number of D/U's: RECEIVED FEB 28 2008 ENGINEERING DEPARTMENT DATE STAMP RECEIVED 5 Revised 1/14/02 • Project Number: CARLSBAD TRACT CT-02-06 Location: SOUTH END Side of TWAIN AVE, StreetName Between • N/A and N/A ------ stteet1iame Brief Description: 5 LOT RESIDENTIAL SUBDMSION ON A PRIVATE STREET AND LOT WITH 16.5 ACS OF OPEN SPACE Reason for Request: PROJECT HAS OVERCOME ENORMOUS HURDLES, ENVIRONMENTAL ISSUES, PERSONAL DEATH OF PROJECT MANAGER, KIDNEY FAILURE AND KIDNEY TRANSPLANT OF PROJECT ENGINEER. AND WE STILL HAVE COMPLETED TWO PLAN CHECKS AND CORRECTIONS, HOWEVER WE STILL NEED ANOTHER MAXIMUN 3 MONTH FOR APPROVAL Name: APPLICANT PERGOLA NEVADA, LLC Street Address: P.O. BOX 1215 City, State, Zip: CARLSBAD, CA 92008 Phone Number: 760-419-0450/760-480-6062 Fax Number: 760-729-6146/760-735-9459 Current Map Expiration Date: 3-2-06 Subdivision Type: Residential PERGOLA NEVADA, LLC Name: _..._-.....,..._......_-_______ _ Street Address: P.O. BOX 1215 CARLSBAD, CA 92008 City, State, Zip: h b 760-419-0450 I 760-480-6062 Pone Num er: _ _ - F N b 760-729-6146) 760-735-9459 ax um er: . 212-010-03 Number of Lots: 7 Number'of D/U's: 5 H:lDEVELOPMENT SERVlCES/MASTERS/Applications-CounlerlTentalive Map Extension Application Revised 1114102 , ..... . ' ~ .,; "', .".<,,'" '. -". ,',""",, N' "',1:5';" , ..• ".""'.,,-'.:,.,:,.':' .. '.-.. , ..... 'c" .':, ...... ' ',". C· CARLSBAD'':'£~GINEERI GiD ·PAR NT·; .... : '.0 •. '. '" · .. t·,,;' . , . . . .' , '. . .: .::,: :"~~!f:~~~p~~!; .. ~.;:._:.:~i;~:~~":; ~:·;£·~;:·!',:L.; :,:,;.~:~}~: : .. ,. " ·:JC~I· .. ~,~/:£:~:"t{::·:·:;~~<:~. . .. , . ENGINEWNG'PUN'~.,..".. ", ",,, ...... ,",".' " ' •• 0 • , ~ .' :.: '.~ .'-t. ~".,": :;'·~"':~~7 .. -'· ~~f, ..... :;.\.~~... "t .• :'~. ).'. ( ...... ~;*;-~::\.:.~;'~:_!~-:~.~: .. .' ~~:./:-:~ .. ~. ;". ;'~:" ,.~", '," Com Jete all aro riate inform;ltiQn~~ WtitifN. '. ''ei:iri:iotcl . 'icable~; ... ;..;:' .. :::::-: ..... ~I; :.;>?-,,:.:: .. P _ , . P,P ~. , .. __ '",~,_ " .. ~ ... '" . _.,_,'~_ .. ~_"4~~""'~,'_;' ,.P.lt,. _"'_.·,~_.·.V," ' .. ' , ., PROJECT NAME: or otz. .. O€l DATE:' PROJECT DESCRIPTION: /:1fCtjlS cPA PROJECT ADDRESS: 'tWAt jJ Alit. LOT NO(S).: MAP NO.: APN(S).: Ol(~ -(2(6"03 NUMBER OF LOTS: NUMBER OF.ACRES: OWNER: COltf1At PAC/Pre Del!. Lt( APPLICANT: P'(l/trf C" r2f:riArJ Mailing Address: 3i IJEltcol'J 134Y Mailing Address: ;gll ft;(jC DPj2II'fqS /Zl>, .(/f~. PbR-T f)lfltCl/, (7A 92Jo(}f Sit pi f./lAf.{JJS r elf cl2.b(01 Phone Number: ~i.(9 -2?J5 ... 4(t;p Phone Number: 7&0 ,. CJ!O --60{' 2 Fax Number: 9£f9-fe73-87/{cf Fax Number: 1fJ;O -7?5-!)lf~.l E-Mail: d erGlitlO1 @eo.rHt\IV\ }l."ne-t E-Mail: fYItU I @slivmrock. US <' !. I certify that I am the legal owner and that all the above Information Is true and correct to the best of my knowledge. Signature: Date: Signature: Date: CIVIL ENGINEER: 8f2/AN C. Rl:'uAN SOILS ENGINEER: FIRM: SH/tfVl!<{)c/(. /:#11. PfJ. ~ IJEVfio PMENT FIRM: CH12IS1tItN vJrltE-WI( .r=NaJfJeEI2IN~ ) Mailing Address: /8'/1 ROCK <;; FIZI!Va.s R.j), Mailing Address: 4Q'JJj M f,eCVRl s[f?Eer JAN MAKCDS, cA q~(PCf fAN DIE40(CA q1)..l/ f (7ft;O) , Phone Number: '-fro -(P062 Phone Number: (f)5'g) '-fCI {; -q 760 Fax Number: (760 ) "136-1t/5q Fax Number: (g68) 49(i;-Cf75t E-Mail: (!2ai I@ shamrock, U~~C6vYl E-Mail: State Registration Number: RCE 350Lf3 State Registration Number: ADDmONAL COMMENTS: , : IMPROVEMENTVALUAllON '. 1. What water district i~ the proposed project located in? (check one) DCarlsbad Municipal Water District DOlivenhain : DValledtos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, induding the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad MUnicipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ GRADING QUANnTIES cut Cf fill cy remedial Cf import cy export . Cf .. i .... "'" -,-cnwF.rADJCIUn-iIUN£. 'lfE{ff/::!;\ :. ':':-." ... -';;<. , .. \.'>;.' "" .-< .. . . ~N~-!~ft~;;;~~', . ;'>",:'.: .·":,+'~'~';f;~ .aU ' -.~'::~, ,,' -~l!' . ~ .. -,:&i _U~~ .. ,;}., . ',":,'" "':, ,. ,. -.-r . r:~'''''I!~~ ,_.;.: :-;.:' ... :.,.,: ._ ... ,_, ~ .~.'C --:' -;c. -FORCITY'USE~ .-.< .. -.... ~< ... _> :)f :;:','.' : APPUCAUON FOR PROlEcr 'nD ""'-;;':'~FEES' _ II>:» -.' .'.' ~ . , .'. ( ./ all that apply) -1.0. NUMBER . . -..... c·· . ,c' . . , :.: :, ~ -. U Adjustment Plat (ADJ) ·0 Certificate of Compliance (CE) 0 Oedication of Easement (PR) Type: Type: Type: 0 §.IWIQ\,;IIIIICIiI. Permit (PR) [1' ~al Map (FM) CT6)-ab ~f>~tCb ,S770~ [J7' Grading Plancheck (OWG) CfiOJ -0 c:, o/J-9-tA VlJ1/..5e- G('Improvement Plancheck (OWG) IW)-flb l(~-~ ~yy~ 0 Parcel Map (PM) 0 Quitclaim of Easement (PR) Type: Type: Type: 0 Reversion to Acreage (RA) 0 Street Vacation (SlV) 0 Tentative Parcel Map (MS) 0 Certificate of Correction (CCOR) 0 Covenant of Easement (PR) 0 Substantial Conformance Exhibit (SCE) 0 Other . APPUCAUON ACCEPTED BY: . . .. ' i -. -.. ' -, "~ . , :. .:~ . .-, ~. -' . .... :-- r . . " ";-"'. . ~ . ,.:~ . -, ,"\.. .,:::,-'.: .,,-.".. .. , ... . : .. ~' :.···.f)SP.ARTM~~lt': . ,'......:: ·~'~(·:~t~Wi~~~,:;>, •. ·, e e Chicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 SUBDIVISION GUARANTEE Dated: June 8, 2011 at 7:30 am RECEIVED AUG .1 2011 LAND DEVELOPMENT ENGINEERING Order No.: 9300'15580-U50 Fee: $ 750.00 Subdivision Map of: Mapno.: tic Consisting of7 Sheet(s) Issued for the benefit and protection of the County of San Diego and any City within which said subdivision is located. After an examination of the Public Records which, under the recording laws, impart constructive notice of matters affecting the title to the land hereinafter described, CHICAGO TITLE INSURANCE COMPANY a Missouri corporation hereby guarantees, for the benefit of said county and city, in a sum not to exc;eed $1,000.00, that as shown by said records the only parties having any record title interest in said land, and whose signatures are or may be required, under the requirements of the Subdivision Map Act of said land and offering for dedication any streets roads, avenues and other easements offered for dedic:ation by said Subdivision Map are as set forth in Schedule A. ... t < ;1 Issuing Office: 2365 Northside Drive, Suite 500 San Diego, CA 92108 Countersigned by: f!Jonv Jiokt -------------------- Tom Votel Senior Title Officer Subdivision Guarantee Form Page 1 CmCAGO TITLE INSURANCE COMPANY President ~/.p- Secretary • e Order No.: 930015580-U50 SCHEDULE A The map hereinbefore referred to is a subdivision of: SEE ATTACHED EXlllBIT A The parties hereinbefore referred to are: OWNERS: Brian K. Hynek and Gay1 B. Hynek, Trustees ofthe Hynek Living Trust TRUST DEED HOLDERS: Brain and Gay1 Hynek, beneficiaries under Deed of Trust recorded January 14, 2004 as File No. 2004-0028115, Official Records EASEMENT HOLDERS: 1. The signatures of the Title Insurance and Trust Company, et aI, easement holders by deed recorded March 26, 1964 as Instrument No. 55458, Official Records, may be omitted if the names and the nature of their interest are stated on the Map and if not required by the governing body in accordance with Section 66436, (a)3A(I-vm) of the Subdivision Map Act, as their interest cannot ripen into a fee. 2. The signature of Agraria Investment Corporation, et aI, easement holders by deed recorded October 18, 1965 as Instrument No. 189244, Official Records, may be omitted if the names and the nature of their interest are stated on the Map and if not required by the governing body in accordance with Section 66436, (a)3A(I-VID) of the Subdivision Map Act, as their interest cannot ripen into a fee. END OF SCHEDULE A Subdivision Guarantee Fonn Page 2 e Order No.: 930015580-U50 EXHmITA PARCEL 1: (APN: 212-010-03) ALL THAT PORTION OF LOT "F" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT POINT 5 OF SAID LOT "F"; THENCE ALONG THE NORTHERLY LINE OF SAID . LOT "F" NORTH 87°25'01" WEST 1200 FEET; THENCE AT RIGHT ANGLES SOUTH 2°34'59" WEST 740 FEET; THENCE PARALLEL WITH SAID NORTHERLY LINE SOUTH 87°25'01" EAST 1400 FEET MORE OR LESS TO A POINT IN A STRAIGHT LINE WHICH CONNECTS POINTS 5 AND 14 OF SAID LOT "F"; THENCE NORTHERLY ALONG SAID STRAIGHT LINE TO THE POINT OF BEGINNING. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES IN LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A PORTION OF THAT EASEMENT FOR ROAD PURPOSES, CONVEYED TO HOWARD G. KIRGIS AND WIFE, BY AGREEMENT AND MUTUAL EASEMENT DEED RECORDED MARCH 26, 1964 AS FILE NO. 55458 OF OFFICIAL RECORDS; OVER ROAD NO.1, AND PORTIONS OF ROAD NO.3 AND ROAD NO.4, DESCRIBED IN SAID DOCUMENT AS FOLLOWS: ROAD NO. 1: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF LAND 66 FEET WIDE IN LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, IN TIffl COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, THE CENTER LINE OF SAID 66 FOOT STRIP BEING THE CENTER LINE OF A TRAVELED HARD SURFACED ROAD AS SHOWN ON THE ATTACHED MAP ENTITLED "EXHIBIT "A" AND DESCRIBED APPROXIMATELY AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF EL CAMINO REAL, ALSO KNOWN AS ROAD SURVEY NO. 682, ACCORDING TO MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY, WITH THE NORTHEASTERLY PROLONGATION OF THE CENTER LINE OF SAID TRAVELED HARD SURFACED ROAD, BEING APPROXIMATELY ENGINEER'S STATION 100 PLUS 30, ACCORDING TO SAID MAP OF ROAD SURVEY NO. 682; THENCE SOUTHWESTERLY ALONG SAID PROLONGATION 20 FEET, MORE OR LESS TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID ROAD SURVEY NO. 682, BEING POINT "A" AS SHOWN ON EXHIBIT "A" ATTACHED, AND BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTER LINE; THENCE SOUTHWESTERLY ALONG THE CENTER LINE OF SAID TRAVELED ROAD, 740 FEET TO POINT "B" AS SHOWN ON SAID MAP EXHIBIT "A"; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CENTER LINE OF THE TRAVELED ROAD TO A ROAD JUNCTION Subdivision Guarantee Fonn Page 3 EXHffiITA (continued) e Order No.: 930015580-U50 AT POINT "C" AS SHOWN ON EXHIBIT "A", BEING AT OR NEAR THE NORTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY, REGISTERED JUNE 16, 1953 AS DOCUMENT NO. 30674, IN THE OFFICE OF THE COUNTY REGISTRAR OF LAND TITLES FOR SAN DIEGO COUNTY AND BEING A POINT ON OR NEAR THE NORTHERLY LINE OF SAID LOT "F". PORTION ROAD NO.3: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF LAND 50 FEET WIDE IN LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, IN:THE. COuNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 82~, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE OF SAID 50 FOOT STRIP BEING THE CENTER LINE OF A TRAVELED ROAD AS SHOWN ON THE ATTACHED MAP, EXHIBIT "A" AND DESCRIBED APPROXIMATELY AS FOLLOWS: BEGINNING AT POINT "c" AS SHOWN ON SAID EXHIBIT "A"; THENCE EASTERLY ALONG THE CENTER LINE OF SAID TRAVELED ROAD BEING APPROXIMATELY ALONG THE NORTHERLY LINE OF SAID LOT "F"; THENCE SOUTHERLY ALONG SAID CENTER LINE 650 FEET TO POINT "F"; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CENTER LINE TO A ROAD JUNCTION AT POINT "G" AS SHOWN ON SAID EXHIBIT "A". PORTION ROAD NO.4: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF LAND 50 FEET WIDE IN LOT "F" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE OF SAID 50 FOOT STRIP BEING THE CENTER LINE OF A TRAVELED ROAD AS SHOWN ON THE ATTACHED MAP EXHIBIT "A", AND DESCRIBED APPROXIMATELY AS FOLLOWS: BEGINNING AT POINT "G" AS SHOWN ON EXHIBIT "A"; THENCE NORTHEASTERLY AND NORTHERLY APPROXIMATELY 1450 FEET TO THE SOUTH LINE OF LAND DESCRIBED IN PARCEL 1 DESCRIBED ABOVE. PARCEL 3: THAT EASEMENT AND RIGHT OF WAY FOR A WATER SUPPLY PIPE LINE AND PUBLIC UTILITIES IN LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, ·IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, CONVEYED TO HOWARD KIRGIS AND WIFE, BY MUTUAL EASEIviENT AGREEMENT RECORDED OCTOBER 18, 1965 AS FILE NO. 189244 OF OFFICIAL RECORDS, SAID EASEMENT BEING DESCRIBED IN SAID DEED AS FOLLOWS: A STRIP OF LAND 20 FEET IN WIDTH OVER PORTIONS OF SAID LOT "F" AND LOT "I", R. A. H. DESCRIBED AS FOLLOWS: THE SOUTHERLY TERMINUS OF SAID 20 FOOT STRIP SHALL BE AT THE SOUTHERLY BOUNDARY OF THAT 95.33 ACRE PARCEL OF LAND PRESENTLY HELD BY AGRARIA INVESTMENT CORPORATION SHOWN ON MAP OF RECORD OF SURvEy NO. 5431, FILED IN Subdivision Guarantee Form Page 4 EXHIBIT A (continued) e Order No.: 930015580-tr50 THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND THE EASTERLY BOUNDARY OF SAID 20 FOOT STRIP SHALL BE THE EASTERLY LINE OF SAID 95.33 ACRE PARCEL FOR A DISTANCE OF 1150 FEET NORTHERLY FROM SAID SOUTHERLY TERMINUS TO THE NORTHERLY LINE OF THAT CERTAIN ROAD EASEMENT SHOWN ON ROAP NO.4 ON A MAP FILED AS AN EXHIBIT WITH A MUTUAL ROAD EASEMENT DEED AGREEMENT, RECORDED MARCH 26, 1964 AS DOCUMENT NO. 55458, SERIES 5, BOOK 1964 OF· OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE NORTHEASTERLY AND NORTHERLY ALONG SAID ABOVE DESCRIBED ROAD NO.4, A DISTANCE OF APPROXIMATELY 850 FEET OVER THE LANDS PRESENTLY HELD BY IRWIN J. KELLY AND TITLE INSURANCE AND TRUST COMPANY, AS TRUSTEE FOR IRWIN J. KELLY, TO THE SOUTHERN BOUNDARY OF THAT 22 ACRE PARCEL DESCRIBED IN DEED FROM IRWIN J. KELLY TO HOWARD G. KIRGIS AND IDA B. KIRGIS, HUSBAND AND WIFE, RECORDED SEPTEMBER 24, 1957 AT A POINT APPROXIMATELY 425 FEET EASTERLY FROM JUNCTION OF THE AFOREMENTIONED EASTERLY LINE OF SAID 95.33 ACRES AGRARIA PROPERTY AND THE SOUTHERLY LINE OF THE SAID 22 ACRES KIRGIS PARCEL; THENCE NORTHERLY APPROXIMATELY 750 FEET OVER SAID KIRGIS PROPERTY ALONG PORTIONS OF SAID ABOVE DESCRIBED ROAD NO.4 AND PROPOSED ROAD NO. 6 AS SHOWN ON SAID MAP FILED WITH SAID MUTUAL EASEMENT DEED AGREEMENT, TO THE NORTHERLY LINE OF LOT "F" AT A POINT APPROXIMATELY 460 FEET WESTERLY FROM POINT 5 OF LOT "F" R.A.H.; THENCE NORTHEASTERLY OVER THE LANDS OF ALLAN O. KELLY IN LOT "I" R.A.H., A DISTANCE OF APPROXIMATELY 800 FEET ALONG A PORTION OF SAID PROPOSED ROAD NO.6 TO A POINT APPROXIMATELY 650 FEET NORTHERLY FROM POINT 5 OF LOT "Fi' R.A.H. ON THE WESTERLY BOUNDARY OF LOT "F", THE SAME BEING THE EASTERLY BOUNDARY OF LOT "I"; THENCE EASTERLY APPROXIMATELY 1550 FEET OVER THE LANDS OF IRWIN J. KELLY AND TITLE INSURANCE AND TRUST COMPANY, AS TRUSTEE FOR IRWIN J. KELLY, TO THE NORTHERLY TERMINUS OF THIS EASEMENT AT OR NEAR THE SOUTHERN TERMINUS OF THE PRESENTLY CONSTRUCTED LINE "D" OF THE CARLSBAD MUNICIPAL WATER DISTRICT. EXCEPTING FROM PARCEL 2, THAT PORTION, IF ANY, OR ROAD NOS. 1 AND 3 LYING WITHIN THE LAND DESCRIBED IN DEED TO SAN DIEGO GAS AND ELECTrucCOMP ANY, RECORDED JUNE 16, 1953 UNDER TORRENS FILE NO. 30674. ALSO EXCEPTING THEREFROM THAT PORTION OF PARCEL 3, IF ANY, LYING WITHIN THE LANDS ALLOCATED TO BARBARA JEAN HIGDON AND SHOWN AS PARCEL 2 OF THE LANDS DESCRIBED IN FINAL JUDGMENT IN PARTITION RECORDED MARCH 24, 1965 UNDER RECORDER'S FILE NO. 52516. END OF EXHIBIT A Subdivision Guarantee Fonn PageS -d Or erNo.: 930015580-U50 GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in the Guarantee mean: (a) "land": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart constructive notice of matters relating to said land; (c) "date": the effective date; (d) the "Assured": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. 2. EXCLUSIONS FROM COVERAGE OF TillS GUARANTEE The Company assumes no liability for loss or damage by reason of the following: (a) 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. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land expressly described in the descriptic>p set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways, or waterways on which said land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structur~ od improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters· (1) created, suffered, assumed or agreed to by on or more of the Assured; or (2) resulting in no loss to the Assured. Guarantee Conditions And Stipulations (Revised 12/5/95) Page 6 Order No.: 930015580-U50 GUARANTEE CONDITIONS AND STIPULATIONS (continued) 3. PROSECUTION OF ACTIONS (a) The Company shall have the right at its own cost, to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to "establish or confirm the matters herein guaranteed; and the Company my take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the. Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. NOTICE OF LOSS -LIMITATION OF ACTION A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such toss ot damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shalf be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. OPTION TO PAY, SETTLE, OR COMPROMISE CLAIMS The Company shall have the option to payor settle or compromise for or in the nalUe of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said . mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said .indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon. Guarantee Conditions And Stipulations (Revised 12/5195) Page 7 Order No.: 930015580-U50 GUARANTEE CONDITIONS AND STIPULATIONS (continued) '6. LIMITATION OF LIABILITY -PAYMENT OF LOSS (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by 1he Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Comp&llY after having received notice of an alleged defect, lien or encumbrance not shOwn as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company (d) All payments under this Guarantee, except for attorneys fees as provided for in paragraph 6(b) hereof, shall reduce the amount of the liability herein pro t&nto, and no payment shall be made without producing this Guarantee for endorsement of such payment unless the Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been defmitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this GUI:rrantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payments bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in . order to perfect such right or subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. GUARANTEE ENTIRE CONTRACT. Any action or actions or rights of action the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer ofthe Company. Guarantee Conditions And Stipulations (Revised 12/5195) Page 8 " tit Order No.: 930015580~U50 GUARANTEE CONDITIONS AND STIPULATIONS (continued) 9. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at the office which issued this Guarantee. 10. The fee specified on the face ofthis Guarantee is the total fee for title search and examination and for this Guarantee. Guarantee Conditions And Stipulations (Revised 12/5195) Page 9 e e Chicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 SUBDIVISION GUARANTEE Dated: February 10,2011 at 7:30 am Order No.: 930015580-U50 Fee: $ 750.00 Subdivision Map of: Mapno.: tic Consisting of7 Sheet(s) Issued for the benefit and protection of the County of San Diego and any City within which said subdivision is located. After an examination of the Public Records which, under the recording laws, impart constructive notice of matters affecting the title to the land hereinafter described, CHICAGO TITLE INSURANCE COMPANY a Missouri corporation hereby guarantees, for the benefit of said county and city, in a sum not to exceed $1,000.00, that as shown by said records the only parties having any record title interest in said land, and whose signatures are or may be required, under the requirements of the Subdivision Map Act of said land and offering for dedication any streets roads, avenues and other easements offered for dedication by said Subdivision Map are as set forth in Schedule A. Issuing Office: 2365 Northside Drive, Suite 500 San Diego, CA 92108 Countersigned by: 30nv Vokt --------------------- Tom Vote! Senior Title Officer Subdivision Guarantee Fonn Page 1 CmCAGO TITLE INSURANCE COMPANY ~l~'L President ~c:fi- Secretary Order No.: 93001SS80-USO SCHEDULE A The map hereinbefore referred to is a subdivision of: SEE ATTACHED EXHIBIT A The parties hereinbefore referred to are: OWNERS: Brian K. Hynek and Gayl B. Hynek, Trustees of the Hynek Living Trust TRUST DEED HOLDERS: Brain and Gayl Hynek, beneficiaries under Deed of Trust recorded January 14, 2004 as File No. 2004-0028115, Official Records EASEMENT HOLDERS: 1. The signatures of the Title Insurance and Trust Company, et ai, easement holders by deed recorded March 26, 1964 as Instrument No. 55458, Official Records, may be om.itted if the names and the nature of their interest are stated on the Map and if not required by the governing body in accordance with Section 66436, (a)3A(I-VIll) of the Subdivision Map Act, as their interest cannot ripen into a fee. 2. The signature of Agraria Investment Corporation, et ai, easement holders by deed recorded October 18, 1965 as Instrument No. 189244, Official Records, may be omitted if the names and the nature of their interest are stated on the Map and if not required by the governing body in accordance with Section 66436, (a)3A(I-VIll) of the Subdivision Map Act, as their interest cannot ripen into a fee. END OF SCHEDULE A Subdivision Guarantee Fonn Page 2 e Order No.: 930015580-U50 EXHffiITA PARCEL 1: (APN: 212-010-03) ALL THAT PORTION OF LOT "F" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT POINT 5 OF SAID LOT "F"; THENCE ALONG THE NORTHERLY LINE OF SAID LOT "F" NORTH 87°25'01" WEST 1200 FEET; THENCE AT RIGHT ANGLES SOUTH 2°34'59" WEST 740 FEET; THENCE PARALLEL WITH SAID NORTHERLY LINE SOUTH 87°25'01" EAST 1400 FEET MORE OR LESS TO A POINT IN A STRAIGHT LINE WHICH CONNECTS POINTS 5 AND 14 OF SAID LOT "F"; THENCE NORTHERLY ALONG SAID STRAIGHT LINE TO THE POINT OF BEGINNING. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES IN LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A PORTION OF THAT EASEMENT FOR ROAD PURPOSES, CONVEYED TO HOWARD G. KlRGIS AND WIFE, BY AGREEMENT AND MUTUAL EASEMENT DEED RECORDED MARCH 26, 1964 AS FILE NO. 55458 OF OFFICIAL RECORDS; OVER ROAD NO.1, AND PORTIONS OF ROAD NO.3 AND ROAD NO.4, DESCRIBED IN SAID DOCUMENT AS FOLLOWS: ROAD NO. 1: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF LAND 66 FEET WIDE IN LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, THE CENTER LINE OF SAID 66 FOOT STRIP BEING THE CENTER LINE OF A TRAVELED HARD SURFACED ROAD AS SHOWN ON THE ATTACHED MAP ENTITLED "EXIDBIT "A" AND DESclUBED APPROXIMATELY AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF EL CAMINO REAL, ALSO KNOWN AS ROAD SURVEY NO. 682, ACCORDING TO MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY, WITH THE NORTHEASTERLY PROLONGATION OF THE CENTER LINE OF SAID TRAVELED HARD SURFACED. ROAD, BEING APPROXIMATELY ENGINEER'S STATION 100 PLUS 30, ACCORDING TO SAID MAP OF ROAD SURVEY NO. 682; THENCE SOUTHWESTERLY ALONG SAID PROLONGATION 20 FEET, MORE OR LESS TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID ROAD SURVEY NO. 682, BEING POINT "A" AS SHOWN ON EXIDBIT "A" ATTACHED, AND BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTER LINE; THENCE SOUTHWESTERLY ALONG THE CENTER LINE OF SAID TRAVELED ROAD, 740 FEET TO POINT "B" AS SHOWN ON SAID MAP EXIDBIT "A"; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CENTER LINE OF THE TRAVELED ROAD TO A ROAD JUNCTION Subdivision Guarantee Fonn Page 3 EXHmITA (continued) Order No.: 930015580-U50 AT POINT "C" AS SHOWN ON EXIDBIT "A", BEING AT OR NEAR THE NORTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO SAN DIEGO GAS AND ELECnuC COMPANY, REGISTERED JUNE 16, 1953 AS DOCUMENT NO. 30674, IN THE OFFICE OF THE COUNTY REGISTRAR OF LAND fiLES FOR SAN DIEGO COUNTY AND BEING A POINT ON OR NEAR THE NORTHERLY LINE OF SAID LOT "F". PORTION ROAD NO.3: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOS~S QVER.A,~TRIP OF J;.,AND 50 FEET WIDE IN LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, IN 1'HE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FlLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, THE CENTER LINE OF SAID 50 FOOT STRIP BEING THE CENTER LINE OF A TRAVELED ROAD AS SHOWN ON THE ATTACHED MAP, EXIDBIT "A" AND DESCRIBED APPROXIMATELY AS FOLLOWS: . BEGINNING AT POINT "c" AS SHOWN ON SAID EXHIBIT "A"; THENCE EASTERLY ALONG THE CENTER LINE OF SAID TRAVELED ROAD BEING APPROXIMATELY ALONG tHE NORTHERLY LINE OF SAID LOT "F"; THENCE SOUTHERLY ALONG SAID CENTER LINE 650 FEET TO POINT "F"; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CENTER LINE TO A ROAD JUNCTION AT POINT "G" AS SHOWN ON SAID EXHIBIT "A". PORTION ROAD NO.4: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF LAND 50 FEET WIDE IN LOT "F" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE OF SAID 50 FOOT STRIP BEING THE CENTER LINE OF A TRAVELED ROAD AS SHOWN ON THE ATTACHED MAP EXHIBIT "A", AND DESCRIBED APPROXIMATELY AS FOLLOWS: BEGINNING AT POINT "G" AS SHOWN ON EXIDBIT "A"; THENCE NORTHEASTERLY AND NORTHERLY APPROXIMATELY 1450 FEET TO THE SOUTH LINE OF LAND DESCRIBED IN PARCEL 1 DESCRIBED ABOVE. PARCEL 3: THAT EASEMENT AND RIGHT OF WAY FOR A WATER SUPPLY PIPE LINE AND PUBLIC UTILITIES IN LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, CONVEYED TO HOWARD KlRGIS AND WIFE, BY MUTUAL EASEMENT AGREEMENT RECORDED OCTOBER 18, 1965 AS FILE NO. 189244 OF OFFICIAL RECORDS, SAID EASEMENT BEING DESCRIBED IN SAID DEED AS FOLLOWS: A STRIP OF LAND 20 FEET IN WIDTH OVER PORTIONS OF SAID LOT "F" AND LOT "I", R. A. H. DESCRIBED AS FOLLOWS: THE SOUTHERLY TERMINUS OF SAID 20 FOOT STRIP SHALL BE AT THE SOul'HERLY BOUNDARY OF THAT 95.33 ACRE PARCEL OF LAND PRESENTLY HELD BY AGRARIA INVESTMENT CORPORATION SHOWN ON MAP OF RECORD OF SURVEY NO. 5431, FILED IN Subdivision Guarantee Form Page 4 EXHffiITA (continued) e Order No.: 930015580-U50 THE OFFICE OF THE COUNTY RECORDER,OF,SAN,DIEGO'COUNTY,AND THE-EASTERLY BOUNDARY OF SAID 20 FOOT STRrn SHALL'BETHE'EASTERLY'LINE OF SAID'95.33 ACRE PARCEL FORA DISTANCE OF 1150 FEETNOR11HERLY FROM SAID·SOU11HERLY TERMINUS TO THE NORTHERLY LINE OF THAT CERTAIN ROAD:EASEMENT SHOWN ON ROAD NO.4 ON A MAP FILED AS AN EXHIBIT WITH A MUTUAL ROAD EASEMENT DEED AGREEMENT, RECORDED MARCH 26, 1964 AS DOCUMENT NO. 55458, SERIES 5, BOOK 1964 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE NORTHEASTERLY AND NORTHERLY ALONG SAID ABOVE DESCRIBED ROAD NO.4, A DISTANCE OF APPROXIMATELY 850 FEET OVER THE LANDS PRESENTLY HELD BY IRWIN J. KELLY AND TITLE INSURANCE AND TRUST COMPANY, AS TRUSTEE FOR IRWIN J. KELLY, TO THE SOUTHERN BOUNDARY OF THAT 22 ACRE PARCEL DESCRIBED IN DEED FROM IRWIN J. KELLY TO HOWARD G. KIRGIS AND IDA B. KIRGIS, HUSBAND AND WIFE, RECORDED SEPTEMBER 24, 1957 AT A POINT APPROXIMATELY 425 FEET EASTERLY FROM JUNCTION OF THE AFOREMENTIONED EASTERLY LINE OF SAID 95.33 ACRES AGRARIA PROPERTY AND THE SOUTHERLY LINE OF THE SAID 22 ACRES KIRGIS PARCEL; THENCE NORTHERLY APPROXIMATELY 750 FEET OVER SAID KIRGIS PROPERTY ALONG PORTIONS OF SAID ABOVE DESCRIBED ROAD NO.4 AND PROPOSED ROAD NO. 6 AS SHOWN ON SAID MAP FILED WITH SAID MUTUAL EASEMENT DEED AGREEMENT, TO THE NORTHERLY LINE OF tOT "F" AT A POINT APPROXIMATELY 460 FEET WESTERLY FROM POINT 5 OF LOT "F" R.A.H.; THENCE NORTHEASTERLY OVER THE LANDS OF ALLAN O. KELLY IN LOT "I" R.A.H., A DISTANCE OF APPROXIMATELY 800 FEET ALONG A PORTION OF SAID PROPOSED ROAD NO.6 TO A POINT APPROXIMATELY 650 FEET NORTHERLY FROM POINT 5 OF LOT "F"'R.A.H. ON THE WESTERLY BOUNDARY OF LOT "F", THE SAME BEING THE EASTERLY BOUNDARY OF LOT "I"; THENCE EASTERLY APPROXIMATELY 1550 FEET OVER THE LANDS OF IRWIN J. KELLY AND TITLE INSURANCE AND TRUST COMPANY, AS TRUSTEE FOR IRWIN J. KELLY, TO THE NORTHERLY TERMINUS OF THIS EASEMENT AT OR NEAR THE SOUTHERN TERMINUS OF THE PRESENTLY CONSTRUCTED LINE "D" OF THE CARLSBAD MUNICIPAL WATER DISTRICT. EXCEPTING FROM PARCEL 2, THAT PORTION, IF ANY, OR ROAD NOS. 1 AND 3 LYING WITHIN THE LAND DESCRIBED IN DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JUNE 16, 1953 UNDER TORRENS FILE NO. 30674. ALSO EXCEPTING THEREFROM THAT PORTION OF PARCEL 3, IF ANY, LYING WITHIN THE LANDS ALLOCATED TO BARBARA JEAN HIGDON AND SHOWN AS PARCEL 2 OF THE LANDS DESCRIBED IN FINAL JUDGMENT IN PARTITION RECORDED MARCH 24, 1965 UNDER RECORDER'S FILE NO. 52516. END OF EXHIBIT A Subdivision Guarantee Fonn PageS Order No.: 930015580-U50 GUARANTEE CONDITIONS AND STIPULATIONS I. DEFINITION OF TERMS The following tenns when used in the Guarantee mean: (a) "land": the land described, specifically'or by reference, in this Guarantee and improvements affixed thereto which by law c0nstitute real property; (b) "public records": those records which impart constructive notice of matters relating to said land; (c) "date": the effective date; (d) the "Assured": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. 2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE The Company assumes no liability for loss or damage by reason of the following: (a) 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. (b) Unpatented mining claims; reservations or exceptions in patents or in ACts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land expressly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways, or waterways on which said land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure od improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed' or other matters (1) created, suffered, assumed or agreed to by on or more of the Assured; or (2) resulting in no loss to the Assured. Guarantee Conditions And Stipulations (Revised 12/5/95) Page 6 Order No.: 930015580-U50 GUARANTEE CONDITIONS AND STIPULATIONS (continued) 3. PROSECUTION OF ACTIONS (a) The Company shall have the right at its own cost, to institute and prosecute any action 01' proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company my take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. NOTICE OF LOSS -LIMITATION OF ACTION A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. OPTION TO PAY, SETTLE, OR COMPROMISE CLAIMS The Company shall have the option to payor settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness-and the mortgage securing the same to the Company upon. Guarantee Conditions And Stipulations (Revised 12/5195) Page 7 Order No.: 930015580-U50 GUARANTEE CONDITIONS AND STIPULATIONS (continued) 6. LIMITATION OF LIABILITY -PAYMENT OF LOSS (a) The liability of the Company under. this Guarantee shall be limited to the amount of actual loss sustained by the Assured because ofreliance.upon.the;assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the· Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged, defect, lien· or· encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company (d) All payments under this Guarantee, except for attorneys fees as provided for in .paragraph 6(b) hereof, shall reduce the amount of the liability herein pro tanto, and no payment shall be made without producing this Guarantee for endorsement of such payment unless the Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been defmitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payments bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right or subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. GUARANTEE ENTIRE CONTRACT. Any action or actions or rights of action the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or . attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. Guarantee Conditions And Stipulations (Revised 12/5195) Page 8 e Order No.: 930015580-U50 GUARANTEE CONDITIONS AND STIPULATIONS (continued) 9. NOTICES, WHERE SENT All notices required to be given the Company and any statement·in writing required' to be furnished the Company shall be addressed to it at the office which issued this Guarantee. 10. The fee specified on the face ofthis Guarantee is the to~al fee for titl~ search and examination and for this Guarantee. Guarantee Conditions And Stipulations (Revised 12/5/95) Page 9 Commonwealth Land Title Company 3131 Camino del Rio N., #1400 San Diego, CA 92108 Phone: (619) 686-6000 SUBDIVISION GUARANTEE ISSUED BY Commonwealth Land Title Insurance Company File No.: 04604122 Fee: $500.00 Subdivision: Pergola Nevada GUARANTEES The County of San Diego and any city within which said subdivision is located in a sum not exceeding $1,000.00. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map are: . The map hereinabove referred to is a subdivision of: See Exhibit A Attached . Dated: December 28, 2005 at 8:00 A.M. Authorized Signatory CLTA Guarantee Form No. 14 (Rev. 4-10-75) File No.: 04604122 • • SCHEDULE A PART I As of the date hereof, the party(ies) whose signature(s) will be necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of the Final Map or Parcel Map of said land and offering for dedication any streets, roads, avenues and other easements offerecj by such map are: A. The signature(s) of the party(ies) named hereinafter will be required as own~r(s) of the herein named interest of said land, pursuant to the provisions of Section 66436 of the· Subdivision Map Act. Nature of Interest: A FEE Owner(s): Pergola Nevada LLC, a Nevada Limited Liability Company B. The signature of either the trustee or the beneficiary named below but not both, viill be required under the provisions of Section 66436, Subsectiqn (a) of the Subdivision Map Act for the following deed(s) of trust: (1) Polo Investments Fund No.1 LLC as Beneficiary under Deed of Trust recorded January 14, 2004 as File No. 2004-0028115, of Official Records (2) Astec Financial as Beneficiary under Deed of Trust recorded March 5, 2004 a.s· File No. 2004- 0179848, of Official Records (3) Stewart Title Company, a California Corporation as Trustee under Deed of Trust recorded April 23, 2004 as File No. 2004-0359003, of Official Records C. The signature(s) of the party(ies) named hereinafter as owner(s) of the interest set forth, may be omitted under the provisions of Section 66436, (a)(3)(A)(i-viii) of the Subdivision Map Act, their interest is such that it cannot ripen into a fee title c:tndsaid slgnature(s) is (are). not required by the local agency. (1) Paul Ecke and Magdalena Ecke, husband and wife as Easement Holder under Deed recorded December 1, 1954 in Book 5446, Page 234, of Official Records (2) San Diego Gas & Electric Company as Easement Holder under Deed recorded March 201 1956 in Book 6024, Page 26 as File No. 38147, of Official Records (3) Carlsbad Municipal Water District, a Municipal Water District as Easement Holder under Deed recorded January 16, 1963 as File No. 9115, of Official Re~ords (4) Marvin M. Sippel and Lucia Caroline Sippel, husband and wife as Easement Holder under Deed recorded January 29, 1963 as File No. 16805, of Official Records (5) Agraria Investment Corporation, et al as Easement Holder under Deed recorded October 18, 1965 as File No. 189244, of Official Records CLTA Guarantee No. 14 (Rev. 4-10-75) Page 2 File No.: 04604122 • • Exhibit A All that certain real property situated in the County of San Diego, State of California, described as follows;: PARCEL 1: All that portion of Lot "F" of Rancho Aqua Hedionda, in the City of Carlsbad, in the County of San Diego, State of California, as shown on partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, on November 16, 1896, bounded and described as follows: Beginning at point 5 of said Lot "F"; thence along the Northerly line of said Lot "F" North 87°25'Ol"West 1200 feet; thence at right angles South 2°34'59" West 740 feet; thence parallel with said Northerly line South 87°25'01" East 1400 feet more or less to a point in a straight line which connects points 5 and 14 of said Lot "F"; thence Northerly along said straight line to the point of beginning. PARCEL 2: An easement and right of way for road purposes in Lots "F" and "I" of Rancho Agua Hedibnda, in the County of San Diego, State of California, according to Map thereof No. 823, filed i!1 the Office of the County Recorder of San Diego County, being a portion of that easement for road purposes, conveyed to Howard G. Kirgis and Wife, by Agreement and mutual easement Deed recorded March 26, 1964 as File No. 55458 of Official Records, over Road No.1, and portions of Road No.3, and Road No.4; described in said documents as follows: Road No.1: An easement and right of way for road purposes over a strip of land 66 feet wide in Lots "F" and "I" of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, the center' line of said 66 foot strip being the center line of a traveled hard surface road as shown on the attached Map entitled Exhibit "A" and described approximately as follows: Beginning at the intersection of the center of EI Camino Real, also known as Road Survey No. 682 according to Map thereof on file in the Office of the County Surveyor of said County, with the Northeasterly prolongation of the center line of said traveled hard surfaced road, being approximately Engineer's Station 100 plus 30, according to said Map of Road Survey No. 682; thence Southwesterly along s~id prolongation 20 feet, more or less, to the Southwesterly right of way line of said Road Survey No. 682, being point "A" as shown on Exhibit "A" attached, and being the True Point of Beginning of the herein described center line; thence Southwesterly along the center line of said traveled road, 740 feet to point "B"as shown on said Map Exhibit "A"; thence Southwesterly and Southerly along said center line ofthe traveled road to a road junction at point "C" as shown of said Exhibit "A", being at or near the Northeast corner of the land described in deed to San Diego Gas & Electric Company, registered June 16, 1953 as File No. 30764·of Official Records in the Office of the County Registrar of Land Titles for San Diego County and being a point on or near the Northerly line of said Lot "F". Portion Road No.3: An easement and right of way for road purposes over a strip of land 50 feet wide in Lots "F" and "I" of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, the center line of said 50 foot strip being the center line of a traveled road as shown on the attached map, Exhibit "A" and described approximately as follows: Beginning at point "C" as shown on said Exhibit "A"; thence Easterly along the center line of said traveled road being approximately along the Northerly line of said Lot "F"; thence Southerly along saJd center line 650 feet to point "F"; thence Southerly and Southeasterly along said center line to a road junction at point "Gil as shown on said Exhibit "A". Portion Road No.4: CLTA Guarantee No. 14 (Rev. 4-10-75) Page 3 File No.: 04604122 • • An easement and right of way for road purposes over a strip of land 50 feet wide in Lot "F" of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, the center !.ine of said 50 -foot strip being the center line of a traveled road as shown on the attached map Exhibit "A"; and described approximately as follows: Beginning at point "G" as shown on Exhibit "A"; thence Northeasterly and Northerly approximately 1450 feet to the South line of land described in Parcel 1 described above. PARCEL 3: That easement and right of way for water supply pipe line and public utilities in Lots "F" and "I" of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, conveyed to Howard Kirgis> and wife, by Mutual Easement Agreement recorded October 18, 1965 as File No. 189244 of Official Records, said- easement being described in said Deed as follows: A strip of land 20 feet in width over portions of said Lot "F'~ and Lot "I", of Rancho Agua Hedionda, described as follows: The Southern terminus of said 20 foot strip shall be at the Southerly boundary of that 95.33 acre parcel of land presently held by Agraria Investment Corporation shown on Map of record of Survey No. 5431, fiI~d in the Office of the County Recorder of San Diego County, and the Easterly boundary of said 20 footstrip hall be the Easterly line of said 95.33 acre parcel for a distance of 1150 feet Northerly from said Southerly terminus to the Northerly line of that certain road easement shown on Road No.4 on a Map filed as exhibit with a Mutual Road Easement Deed Agreement, recorded March 26, 1964 as File No. 55458, Series 5, Book 11964 of Official Records of San Diego County; thence Northeasterly and Northerly along said above described Road No.4, a distance of approximately 850 feet over the lands presently held by Irwin J. Kelly and Title Insurance and Trust Company, as trustee for Irwin J. Kelly, to th~ Southern boundary of that 22 acre parcel described in Deed from Irwin J. Kelly to Howard G. Kirgis and Ida B. Kirgis, husband and wife, recorded September 24, 1957. At a point approximately 425 feet Easterly from junction of the aforementioned Easterly line of the said 95.33 acres Agraria property and the Southerly line of the said 22 acres Kirgis Parcel; thence Northerly approximately 750 feet over said Kirgis property along portions of said above described Road No.4 and proposed Road No.6 as shown on said Map filed with said Mutual Easement Deed Agreement, to the Northerly line of Lot "F" at a point approximately 460 feet Westerly from Point No.5 of Lot "F" of Rancho Agua Hedionda, thence Northeasterly over the >Iands of Allan O. Kelly in Lot "I" of Rancho Agua Hedionda, a distance of approximately 800 feet along a portion of-said proposed Road No.6 to a point approximately 650 feet Northerly from point No.5 of Lot "Fi' of Rancho Agua Hediondaon the Westerly boundary of Lot "F"; the same being the Easterly boundary of Lot "I"; thence Easterly approximately 1550 feet over the lands of Irwin J. Kelly and Title Insurance and Trust Company, as Trustee for Irwin J. Kelly, to the Northerly terminus of this easement at or near the SOljthern terminus ofthe presently constructed line "D" of the Carlsbad Municipal Water District; EXCE:PTING from Parcel 2, that portion, if any, of Road Nos. 1 and 3 lying within the land in Deed to San Diego Gas & Electric Company, recorded June 16, 1953 under torrens File No. 30674 of Official Records. EXCEPTING THEREFROM that portion of Parcel 3, if any, lying within the lands allocated to Barbara Jean Higdon and shown as Parcel 2 of the lands described in final judgement in partition recorded March 24, 1965 as File No. 52516 of Official Records. CLTA Guarantee No. 14 (Rev. 4-10-75) Page 4