HomeMy WebLinkAboutCT 14-03; BEACHWALK AT MADISON; Tentative Map (CT) (2)LAND USE REVIEW Development Services
Planning Division\V CITY 0 F APPLICATION 1635 Faraday AvenueCARLSBADP-1 (760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR:(CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY)
riCoastal Development Permit (*)riMinor []General Plan Amendment
n Conditional Use Permit (.)[]Local Coastal Program Amendment (*)
nMinor []Extension
nDay Care (Large)[]Master Plan riAmendment
nEnvironmental Impact Assessment []Specific Plan riAmendment[]Habitat Management Permit TIMinor []Zone Change (*)
Hillside Development Permit (*)Minor Fi Zone Code Amendment
riNonconforming Construction Permit South Carlsbad Coastal Review Area Permits[]Planned Development Permit riMinor Review Permit[]Residential ri Non-Residential dministrative [Minor []MajornPlanningCommission Determination
7 Site Development Plan riMinor Village Review Area Permits
n Special Use Permit Review Permit RP-Administrative Minor []Major
Tentative Parcel Map (Minor Subdivision)
nTentative Tract Map (Major Subdivision)CT -
riVariance El Minor (*) =eligible for 25%discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).:203-110-01
PROJECT NAME:Beachwalk at Madison
BRIEF DESCRIPTION OF PROJECT:Six condo units on a 12,500 sq. ft. lot within 2 three story triplex buildings. Units range in size b/w 1601 and 1614 sq. ft.
BRIEF LEGAL DESCRIPTION:See Attached
LOCATION OF PROJECT:Madison Street b/w 2710 and 2646
STREET ADDRESS
ON THE:East SIDE OF Madison St
(NORTH, SOUTH, EAST, WEST)(NAME OF STREET)
BETWEEN Grand AND Arbuckle
(NAME OF STREET)(NAME OF STREET)
IDU Ilk°5
P-1 Paae 1 of 6 Revised 12/13
OWNER NAME
(Print):Project Deaf India Foundation APPLICANT NAME (Print):Vesta Pacific Development
MAILING ADDRESS:3 se-.MAILING ADDRESS:1818 1st Ave. Suite 100
CITY, STATE, ZIP:AA.•kri Cfr CITY, STATE, ZIP:5?Ole_Cp I CA q. -t
TELEPHONE:-37/1/qZ-,671-TELEPHONE:619-481-3830 ext 306
EMAIL ADDRESS:(2 ne.42.<szt a .EMAIL ADDRESS:6mecost<
z3 tiszth .CO/4
I CERTIFY THAT I AM THE LEGAL OWNER AM) THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AM)CORRECT TO THE BEST OF MY AM) THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
1s Ail BEST OF MY KNOWLEDGE
SIGNATURE DAT TURF DATE
APPLICANTS REPRESENTATIVE (Print):Geoff McComic
MAILING ADDRESS:1818 1st Ave. Suite 100
CITY, STATE, ZIP:San Diego ,ea.cie2/01
TELEPHONE:619-481-3830 ext 306
EMAIL ADDRESS:gmccomic@vestapacificdevelopment.com
I CERTIFY I n11 E LEGAL REPRESENTATIVE OF THE
APPUCANT d INFORMATION IS TRUE AM)
CORREC y •DGE.
.60°91
SIGNATURE DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION.UWE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND SUCCESSORS IN INTEREST.
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
RECFIVED
AUG 0 1 2014
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
OW.4 ie)-et
P-1 Page2 of 6 Revised 12/13
%be
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
MUMINUMNIMMIll
Applicant:VESTA PACIFIC DEVELOPMENT
Set Id:5000003948 /Tmp set/Initialized Projects
Description Amount
CT140003 8,588.47
RP140016 2,971.00
Total:11,559.47
Receipt Number:R0103034 Transaction ID:7000129661
Transaction Date:08/01/2014
Pay Type Method Description Amount
Payment Check 11,559.47
Transaction Amount:11,559.47
(:)
0.
•
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1421301 -2 08/01/2014 149
Fri,Aug 01,2014 10:53 AM
Receipt Ref Nbr:R1421301 -2/0024
PERMITS -PERMITS
Tran Ref Nbr:142130102 0024 0025
Trans/Rcpt#:T000129661
SET #:S000003948
Amount:1 4 $11,559.47
Iter Subtotal:$11,559.47
Item Total:$11,559.47
1 ITEM(S)TOTAL:$11,559.47
Check (Chk#0000001067)$11,559.47
Total Received:$11,559.47
Have a nice day!
:******„****CUSTOMER COPY*************
,411 OM
PROJECT Development Services
DESCRIPTION Planning Division
\75/CITY OF P-1(B)1635 Faraday Avenue
CARLSBAD (760) 602-4610
www.carlsbadca.gov
PROJECT NAME:4416d(2e.WW MlidiSOA•
APPLICANT NAME:Vesio Plick i)-eve ti.v4 .rove
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:
P-1(B)Page 1 of 1 Revised 07/10
-••.•••.1111 mom
et**
•
Project Description:
To subdivide an 12,500 square foot parcel located on the east side of the 300 block of Madison
Street into a 6 unit townhome condominium development;
To develop the building site and site improvements per the site plan with precise grading and
landscaping as proposed;
To construct two new three story multi family structures each with 3 units with two car garages.
The two buildings will have a combined square footage (not including the garages)of 9,665
square feet. All six units will have 3 bedrooms and 3 baths and a two car garage. All units will
have private decks of at least 75 square feet. There will be four units that have 1,614 square
feet of livable area and two units that have 1,601 square feet of livable area. Two Units have a
private yard areas and two units have an enclosed private patio on the ground level.
To construct new curb, gutter and paving along the project frontage at Madison.
The project requires the approval of a Tentative Map and Village Major Review permit.
•
•
0
HAZARDOUS WASTE Development Service's
X*4 AND SUBSTANCES Planning Division
'11,r;CITY OF STATEMENT 1635 Faraday Avenue
CARLSBAD P-1(C)(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5,I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
El The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PROPERTY OWNER •
Name:Vei'/-r).e 14 I(im Name:Proj ec 44-". 61741
Address:f 4%Q fa()Address:3 3)U N S -f -
a)'.t2jOCQ 9 f L 14)4A.CA q14.
Phone Number:6/(1 -/S/-,ST 3U Phone Number:(4 4 ef )2 3 S -31 I I
Address of Site:/140/41 S•//46(4 r (10/'5'h
Local Agency (City and County):6orhZv0i j Ca 4112 OG
Assessor's book, page, and parcel number:7.03 /10 —0 /
Specify list(s):A//4
Regulatory Identification Number:1 /4
Date of Li ./(//4
pplicant Signature/Date Property Owner Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List)is used by the State,local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C)Page 1 of 2 Revised 02/13
••
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed:g I II (To be completed by City)
Application Number(s):(9—1/4 -03 R P 14 10
General Information
1.Name of project:(Ail<al Aolisto
2.Name of developer or project sponsor:VeS4g-P erg('lJVt ZA/C-
Address:/Ei3 1Avt 5-eqo
City, State, Zip Code:53in Atop leo.71/01
Phone Number:g5g 5a5r
3.Name of person to be contacted concerning this project:ge Co r4 lc
Address:glr I At/-e
City, State, Zip Code:SAII bill 0 i g2/(ii
Phone Number:2350 /14 39
4.Address of Project:/11A s 6/1.v 2710 ZeiL6
Assessor's Parcel Number:7.0.3 no -0/
5.List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
6.Existing General Plan Land Use Designation:
7.Existing zoning district:VR -8
8.Existing land use(s):/An(.vr
9.Proposed use of site (Project for which this form is filed):(D Teta(%)11j41
alpato 1713 /Ai 4VO.4141/ehakg
Project Description
10.Site size:/2,SOdolp
11.Proposed Building square footage:qi 65?
12:Number of floors of construction:3
13.Amount of off-street parking provided:
14.Associated projects:Aq1/44
P-1(D)Page 2 of 4 Revised 07/10
15.If residential, include the number of units and schedule of unit sizes:
plANS1I M
"l 1.6 0...)11 101 Cc,.el .-
16.If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
N/A
17.If industrial, indicate type, estimated employment per shift, and loading facilities:
NIA
18.If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
/4/14
19.If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
/\)A
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 1:1
alteration of ground contours.
21.Change in scenic views or vistas from existing residential areas or public lands or 111
roads.
22.Change in pattern, scale or character of general area of project.CI
23.Significant amounts of solid waste or litter.
24.Change in dust, ash, smoke, fumes or odors in vicinity.1:1 )!SC
25.Change in ocean,bay,lake,stream or ground water quality or quantity,or 111
alteration of existing drainage patterns.
26.Substantial change in existing noise or vibration levels in the vicinity.CI
27.Site on filled land or on slope of 10 percent or more.CI
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,1:1
etc.).
30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).DI
31.Relationship to a larger project or series of projects.CI
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 furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability,t acts, statements, and
information presented are true and correct to the best of my knowled
Date:7/30 Signature:
For:-Attie lop"-rioi
P-1(D)Page 4 of 4 Revised 07/10
ENVIRONMENTAL SETTING
32. The site is a 12,500 (125x100) square foot vacant lot with not significant vegetation other
than weeds. The site slope gently from east to west toward Madison. There are no structures on
the site.There are not trees on the site.
33. The property to the north is a single family house used for commercial office purposes. The
property to the south is a single family house used for residential purposes. There is a two story
1970's apartment building to the west across Madison Street. There is a two story apartment
building immediately adjacent to the east.This block of Madison consists of single family
detached residences, apartments, condos and houses used for commercial office.
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE
OFCALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 47 OF SEASIDE LANDS,IN THE COUNTY OF SAN DIEGO,STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO.1722,FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF THE NORTHWESTERLY HALF ACRE
(COMPUTED TO THE CENTER OF THE ADJOINING STREET) OF SAID LOT 47;THENCE SOUTH
34°33' EAST ALONG THE SOUTHWEST LINE OF SAID LOT 47 A DISTANCE OF 84 FEET MORE OR
LESS TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED TO
JOSEPH D.GLASS,ET UX,RECORDED OCTOBER 9,1946 IN BOOK 2280,PAGE 41 OF OFFICIAL
RECORDS;THENCE NORTH 55°27'EAST ALONG THE SOUTHEASTERLY LINE OF SAID GLASS
LAND,A DISTANCE OF 145.00 FEET;THENCE NORTH 34°33'WEST PARALLEL WITH THE
SOUTHWESTERLY LINE OF SAID LOT 47, A DISTANCE OF 84 FEET MORE OR LESS TO A POINT
ON THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY HALF ACRE OF SAID LOT 47;
THENCE SOUTH 55°27' WEST ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF 145 FEET TO
THE POINT OF BEGINNING.
Indemnification and insurance Requirement for Village Area Administrative Permit
Certification Statement
I Certify that I am the Legal 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 a ved permit.
Signature
Certification Statement
I Certify that I am the Legal Property Owner for the subject business location and that all of the above
information is true and correct to the best of my knowledge.I support the applicant's request for a permit to
place the subject property 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:
P-1 Page 3 of 6 Revised 12/13
0
DISCLOSURE Development Services
c.ete'STATEMENT Planning Division
\".,/CITY OF P-1(A)1635 Faraday Avenue
CARI_SBAD (760) 6024610
www.carisbadca.gov
Applicants statement or disclosure of certain ownership interests on aft 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 dub, 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 may be attached if necessary.)
Person /4'6"/Corp/Part 144 A4 era bet/e6P111 e‘'Y
Title Acgde.47/Title
Address Address /8.fir P*?5.1 Aff-phA
2.OWNER (Not the owner's agent)
Provide the COMPLETE.LEGAL names and addresses of ALL persons having any
ownership interest in the property involved.Also,provide the nature of the legal
ownership (i.e.,partnership,tenants in common,non-profit,corporation,etc.).If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW.If a publicly-owned corporation,include the names,titles,and
addresses of the corporate officers.(A separate page may be attached if necessary.)
Person A NLA NI 3 141:SA-Corp/Part ?r•rbea-f Tt.d
Title V %c r e s.Title n 0 -fl k COrl.•
Address
-
Du 1•1
g Address SA.v-wc.-
LaitAxNe.lq/d<
(elk
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.
{fa ettAf--fLNonFC.:nosta2),A41_11/L4 ...—Non Profit/Trust
Title ON/ r c_FourAd 4-+cry.Title
Address 3 .1\j, n ..Address
Iva el.gaol -
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 I V'Klo If yes, please indicate person(s):
NOTE:Attach additional sheets if necessary.
I certify that all the above information is true and correct to the Icn ge.
NR •7 -/.9r
Signatureaowner/date Signature of applicant/date
kJ.e.. Rile -g •f &'Del A4704171
Print or type name of owner Print or type name of applicant /
itzr74 faeita tfflirr"
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicants agent
P-1(A)Page 2 of 2 Revised 07/10
C
Applicant-Vesta Pacific Development
VP Partners,LLC
1818 1st Ave.
Suite 100
San Diego,Ca.92101
Members of VP Partners,LLC
Robert Geoffrey McComic
3911 Liggett Drive
San Diego, Ca. 92106
James Michael Carenza
3460 Marron Rd —103, Suite 347
Oceanside, CA 92056
Thomas Christopher McComic
10740 Oakbend Dr.
San Diego, Ca, 92131
Project Deaf India Foundation
Officers:
Rajendra Desai MD, Chairman/President
3 Dunn St.
Laguna Niguel, Ca 92677
Arland Desai, Vice President
3 Dunn St
Laguna Niguel Ca 92677
Sue Wecht, Secretary
37Dalewood
Orinda, Ca emgliail 95t 563
Sharon.Fujikawa-Brooks, Treasurer
10 Goldstone
Irvine, Ca 92614
——INN 11111111•0 wok
1/4„
TIME LIMITS ON
DISCRETIONARY
Development Services
Planning Division
\"/F1 CITY OF PROJECTS 1635 Faraday Avenue
CARLSBAD P-1(E)(760) 602-4610
www.carlsbadca.gov
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City.The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete.Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete.If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regardin ication submittal requirements (i.e.,clarification
regarding a specific requirement or all requirements are necessary for your particular
application) please call (760) 602
Applicant Signature:
Staff Signature:014k6 r eX/1.0
Date:
To be stapled with receipt to the application
P-1(E)Page 1 of 1 Revised 07/10
s•-•
•Sid
2878 Camino Del Rio South, Suite 500
Tic0R TITLE TM San Diego, CA 92108
Phone:(619) 260-0015
Fax:(619) 692-9465
Issuing Policies of Chicago Title Insurance Company
ORDER NO.:00215948-016-CC1 Escrow/Customer Phone:(760) 602-9442
Ticor Title Company ofCalifornia Title Officer:Candy Church
5740 Fleet Street, Suite 130 Title Officer Phone:(619) 260-5281
Carlsbad,CA 92008 Title Officer Fax:(619) 692-9465
ATTN:Linda Villa Title Officer Email:churchteam@ticortitle.com
Email:linda.villa@ticortitle.com
•
PROPERTY:Vacant Land/APN 203-110-01, Carlsbad, CA 92008 •
AMENDED PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein,Ticor Title Company ofCalifornia hereby
reports that it is prepared to issue,or cause to be issued,as of the date hereof a policy or policies of title insurance
describing the land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by
reason of any defect,lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations or Conditions ofsaid policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks ofsaid policy or policies are set
forth in Attachment One.The policy to be issued may contain an arbitration clause.When the Amount ofInsurance is less
than that set forth in the arbitration clause,all arbitrable matters shall be arbitrated at the option ofeither the Company or
the Insured as the exclusive remedy of the parties.Limitations on Covered Risks applicable to the CLTA and ALTA
Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liabilityfor
certain coverages are also setforth in Attachment One.Copies ofthe policy forms should be read They are available from
the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy oftitle insurance and no liability is assumed hereby.Ifit is desired that liability be assumedprior to the issuance ofa
policy oftitle insurance, a Binder or Commitment should be requested
The policy(s)of title insurance to be issued hereunder will be policy(s)of Chicago Title Insurance Company,a Nebraska
Corporation.•
Please read the exceptions shown or referred to herein and the exceptions and exclusions setforth in Attachment One of
this report carefully. The exceptions and exclusions are meant to provide you with notice ofmatters which are not covered
under the terms ofthe title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects and encumbrances affecting title to the land.
Ticor Title Company of California
egitif
By -
Authorized Signature
CLTA Preliminary Report Form —Modified (11/17/06)Page 1
•
2878 Camino Del Rio South, Suite 500
TICOR TITLE'San Diego, CA 92108
Phone:(619) 260-0015
Fax:(619) 692-9465
AMENDED PRELIMINARY REPORT
EFFECTIVE DATE:July 22, 2014 at 7:30 a.m., Amended: July 30, 2014, Amendment No.1
The form of policy or policies of title insurance contemplated by this report is:
CLTA Standard Coverage Policy -1990
1.THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED
BY THIS REPORT IS:
A FEE
2.TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Project Deaf India Foundation, subject to Item No.10
3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
See Exhibit A attached hereto and made a part hereof.
•
CLTA Preliminary Report Form —Modified (11/17/06)Page 2
%b.
PRELIMINARY REPORT Ticor Title Company of California
YOUR REFERENCE:ORDER NO.:00215948-016-CC1
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO,STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 47 OF SEASIDE LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JULY 28,1921, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF THE NORTHWESTERLY HALF ACRE (COMPUTED TO
THE CENTER OF THE ADJOINING STREET)OF SAID LOT 47;THENCE SOUTH 34°33'EAST ALONG THE
SOUTHWEST LINE OF SAID LOT 47 A DISTANCE OF 84 FEET MORE OR LESS TO THE MOST SOUTHERLY
CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED TO JOSEPH D.GLASS,ET UX,RECORDED
OCTOBER 9, 1946 IN BOOK 2280, PAGE 41 OF OFFICIAL RECORDS; THENCE NORTH 55°27' EAST ALONG THE
SOUTHEASTERLY LINE OF SAID GLASS LAND, A DISTANCE OF 145.00 FEET; THENCE NORTH 34°33' WEST
PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT 47, A DISTANCE OF 84 FEET MORE OR LESS TO
A POINT ON THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY HALF ACRE OF SAID LOT 47; THENCE
SOUTH 55°2T WEST ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF 145 FEET TO THE POINT OF
BEGINNING.
APN:203-110-01
•
CLTA Preliminary Report Form —Modified (11/17/06)Page 3
•sr
PRELIMINARY REPORT Ticor Title Company of California
YOUR REFERENCE:ORDER NO.:00215948-016-CCI
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION
TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:'
1.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied
for the fiscal year 2014-2015.
2.Any liens or other assessments,bonds,or special district liens including without limitation, Community Facility
Districts, that arise by reason of any local, City, Municipal or County Project or Special District.
3.The lien of supplemental taxes,if any,assessed pursuant to the provisions of Chapter 3.5 (Commencing with
Section 75)ofthe Revenue and Taxation Code of the State of California.
4.Water rights, claims or title to water, whether or not disclosed by the public records.
5.Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document;
Purpose:pipe lines
Recording Date:February 9, 1925
Recording No:in Book 1050, Page 282 ofDeeds
The exact location and extent ofsaid easement is not disclosed ofrecord.
Reference is hereby made to said document for full particulars.
•6.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 and egress
Recording Date:December 26, 1947
Recording No:in Book 2593, Page 339 of Official Records
Affects:A portion ofsaid land as more fully described in said document.
Reference is hereby made to said document for full particulars.
7.Easement(s) for the purpose(s) shown below and rights incidental thereto,as granted in a document:
Granted to:County of San Diego
Purpose:public highway
Recording Date:March 4, 1949
Recording No:in Book 3130, Page 292 of Official Records
Affects:As shown in said document
Reference is hereby made to said document for full particulars.
Said instrument additionally contains the privilege and right to extend structures and excavation and embankment
slopes beyond the limits where required for the construction and maintenance thereof.
8.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on
Map:19344
Recording Date:June 16, 2006
Recording No:2006-0427933 of Official Records
9.Please be advised that our search did not disclose any open Deeds ofTrust ofrecord.If you should have knowledge
of any outstanding obligation, please contact the Title Department immediately for further review prior to closing.
CLTA Preliminary Report Form —Modified (11/17/06)Page 4
-101111011.111011111•111111111MEMI
••
PRELIMINARY REPORT Ticor Title Company of California
YOUR REFERENCE:ORDER NO.:00215948-016-Ct 1
EXCEPTIONS
(Continued)
10.The effect of a Deed as set forth below:
Grantor:Rajendra G. Desai
Grantee:Project Deaf India Foundation
Dated:December 23, 2008
Recording Date:December 26, 2008
Recording No.:2008-0655543 of Official Records
The Company requires that an affidavit (attached)be completed and executed by the above grantor and that said
affidavit be acknowledged before a notary who is an employee of the title or escrow Company and then submitted to
the Title Officer for review.
•
The Company further requires a statement of information from the above grantors in order to complete this report,
based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe
said Land, but which if any do exist, may affect the title or impose liens or encumbrances thereon.
•
END OF ITEMS
•
CLTA Preliminary Report Form —Modified (11/17/06)Page 5
—-
PRELIMINARY REPORT REPORT
'oft.)Ticor Title Company of California
YOUR REFERENCE:ORDER NO.:00215948-016-CC I
REQUIREMENTS SECTION
1.The Company will require the following documents for review prior to the issuance of any title assurance predicated
upon a conveyance or encumbrance by the corporation named below:
Name of Corporation:Project Deaf India Foundation
a)A Copy ofthe corporation By-laws and Articles of Incorporation
b)An original or certified copy ofa resolution authorizing the transaction contemplated herein
c)If the Articles and/or By-laws require approval by a 'parent' organization,a copy of the Articles and By-
laws of the parent
The Company reserves the right to add additional items or make further requirements after review of the requested
documentation.
2.The Company will require the following documents for review prior to the issuance of any title assurance predicated
upon a conveyance or encumbrance by the corporation named below:
Name of Corporation:Vesta Pacific Development
a)A Copy ofthe corporation By-laws and Articles of Incorporation
b)An original or certified copy of a resolution authorizing the transaction contemplated herein
c)If the Articles and/or By-laws require approval by a 'parent' organization,a copy of the Articles and By-
laws of the parent
The Company reserves the right to add additional items or make further requirements after review of the requested
documentation.
3.The Company will require the following documents for review prior to the issuance of any title assurance predicated
upon a conveyance or encumbrance from the entity named below:
Limited Liability Company:MR Carlsbad 11,LLC
a)A copy of its operating agreement,if any, and any and all amendments, supplements and/or modifications
thereto, certified by the appropriate manager or member
b)If a domestic Limited Liability Company,a copy of its Articles of Organization and all amendments thereto
with the appropriate filing stamps
c)If the Limited Liability Company is member-managed, a full and complete current list of members certified
by the appropriate manager or member
d)If the Limited Liability Company was formed in a foreign jurisdiction,evidence,satisfactory to the
Company, that it was validly formed, is in good standing and authorized to do business in the state oforigin
e)If less than all members,or managers,as appropriate,will be executing the closing documents, furnish
evidence of the authority of those signing.
The Company reserves the right to add additional items or make further requirements after review of the requested
documentation.•
werarowsw
PRELIMINARY REPORT %we Nod Ticor Title Company ofCalifornia
YOUR REFERENCE:ORDER NO.:00215948-016-CC1
REQUIREMENTS
(Continued)
END OF REQUIREMENTS
•
•
•
CLTA Preliminary Report Form —Modified (11/17/06)Page 7
PRELIMINARY REPORT Nk‘d Ticor Title Company of California
YOUR REFERENCE:ORDER NO.:00215948-016-CC1
INFORMATIONAL NOTES SECTION
1.Note:The current owner does NOT qualify for the $20.00 discount pursuant to the coordinated stipulated
judgments entered in actions filed by both the Attorney General and private class action plaintiffs, for the herein
described Land.
2.Note:Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For
proration purposes the amounts were:
Tax Identification No.:203-110-01-00
Fiscal Year:2013-2014
1st Installment:$4,559.01
2nd Installment:$4,559.01
•Exemption:Not Set Out
Code Area:09098
3.Note:There are NO conveyances affecting said Land recorded within 24 months ofthe date ofthis report.
4.Note:None ofthe items shown in this report will cause the Company to decline to attach CLTA Endorsement Form
100 to an Extended Coverage Loan Policy, when issued.
5.Note:The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement
Form 116 indicating that there is located on said Vacant land, located within the city ofthe unincorporated area of
Carlsbad, California, 92008, to an Extended Coverage Loan Policy.
6.Note:In compliance with the new RESPA regulations,Ticor Title Company of California will be averaging
recording fees for Single Family Residential properties.Please contact your Title Officer to obtain the current
recording fees. In addition, Ticor Title Company of California will pay our underwriter 12%ofthe title premium,as
disclosed on lines 1107 and 1108 of the HUD-l.
7.Note:The policy of title insurance will include an arbitration provision. The Company or the insured may demand
arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company
and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance
or the breach of a policy provision or other obligation.Please ask your escrow or title officer for a sample copy of
the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your
Title Insurance coverage.
8.Note:If a county recorder,title insurance company,escrow company,real estate broker,real estate agent or
association provides a copy of a declaration, governing document or deed to any person, California law requires that
the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at
least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover
page attached to the requested document. Should a party to this transaction request a copy of any document reported
herein that fits this category, the statement is to be included in the manner described.
END OF INFORMATIONAL NOTES
Candy Church/all
ATTACHMENT ONE (Revised 06.703-11)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY —1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,
attorneys' fees or expenses which arise by reason of:
1.(a)Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating (i) the occupancy,use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions
or area ofthe land or any parcel ofwhich the land is or was a part; or (iv) environmental protection, or the effect of any violation
ofthese laws, ordinances or governmental regulations, except to the extent that a notice ofthe 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 ofPolicy.
(b)Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a
defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date ofPolicy.
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 ofa 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 ofPolicy; 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 of the lien ofthe insured mortgage because of the inability or failure of the insured at Date ofPolicy, 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 ofthe 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 ofthe insured lender, by reason ofthe operation of federal bankruptcy, state insolvency or similar creditors' rights
laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
1.Taxes or assessments which are not shown as existing 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 ofsuch 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, 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.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE
EXCLUSIONS •
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1.Governmental police power, and the existence or violation ofthose portions ofany law or government regulation concerning:
a.building;
b.zoning;
c.land use;
Attachment One (06/03/11)
d.improvements on the Land;
e.land division; and
f.environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a.,14,15,16,18,19, 20, 23 or 27.
2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This
Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3.The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4.Risks:
a.that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b.that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
c.that result in no loss to You; or
d.that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5.Failure to pay value for Your Title.
6.Lack ofa right:
a.to any land outside the area specifically described and referred to in paragraph 3 ofSchedule A; and
b.in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy,
state insolvency, or similar creditors' rights laws.•
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
•For Covered Risk 16,18,19,and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in
Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Our Maximum
Dollar Limit of
Your Deductible Amount Liability
Covered Risk 1.00%of Policy Amount Shown in Schedule A $10,000.00
16:or
$2,500.00
(whichever is less)
Covered Risk 1.00%ofPolicy Amount Shown in Schedule A $25,000.00
18:or
$5,000.00
(whichever is less)
Covered Risk 1.00%of Policy Amount Shown in Schedule A $25,000.00
19:or
$5,000.00 •
(whichever is less)
Covered Risk 1.00%of Policy Amount Shown in Schedule A $5000.00
21:or
$2,500.00
(whichever is less)
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1.Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
*land use
* improvements on the land
* land division
*environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 ofCovered Title Risks.
2.The right to take the land by condemning it, unless:
* a notice of exercising the right appears in the public records
* on the Policy Date
* the taking happened prior to the Policy Date and is binding on you ifyou bought the land without knowing ofthe taking
3.Title Risks:
* that are created, allowed, or agreed to by you
* that are known to you, but not to us, on the Policy Date —unless they appeared in the public records
Attachment One (06/03/11)
k.
*that result in no loss to you
* that first affect your title after the Policy Date —this does not limit the labor and material lien coverage in Item 8 ofCovered Title Risks
4.Failure to pay value for your title.
5.Lack ofa right:
*to any land outside the area specifically described and referred to in Item 3 of Schedule A
OR
*in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 ofCovered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,
attorneys' fees, or expenses that arise by reason of:
1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i)the occupancy, use, or enjoyment ofthe Land;
(ii)the character, dimensions, or location of any improvement erected on the Land;
(iii)the subdivision of land; or
(iv)environmental protection;
or the effect of any violation ofthese laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit
the coverage provided under Covered Risk 5.
(b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a)created, suffered, assumed, or agreed to by the Insured Claimant;
(b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c)resulting in no loss or damage to the Insured Claimant;
(d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11,13 or 14); or
(e)resulting in loss or damage that would not have been sustained ifthe Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceability of the lien ofthe Insured Mortgage because ofthe inability or failure of an Insured to comply with applicable doing
business laws ofthe state where the Land is situated.
5.Invalidity or unenforceability in whole or in part ofthe lien ofthe Insured Mortgage that arises out ofthe transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien ofthe Insured Mortgage, is
(a)a fraudulent conveyance or fraudulent transfer, or •
•
(b)a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy.
7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the
Land or that may be asserted by persons in possession ofthe Land.
3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4.Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey ofthe Land and not shown by the Public Records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6.Any lien or right to a lien for services, labor or material not shown by the Public Records.
•
Attachment One (06/03/11)
W1111111111111111
•
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,
attorneys' fees, or expenses that arise by reason of:
1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i)the occupancy, use, or enjoyment of the Land;
(ii)the character, dimensions, or location of any improvement erected on the Land;•
•(iii)the subdivision of land; or
(iv)environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit
the coverage provided under Covered Risk 5.
(b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a)created, suffered, assumed, or agreed to by the Insured Claimant;
(b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c)resulting in no loss or damage to the Insured Claimant;
(d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 9 and 10); or
(e)resulting in loss or damage that would not have been sustained ifthe Insured Claimant had paid value for the Title.
4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
(a)a fraudulent conveyance or fraudulent transfer; or
(b)a preferential transfer for any reason not stated in Covered Risk 9 ofthis policy.
5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date ofrecording of the deed or other instrument oftransfer in the Public Records that vests Title as shown in Schedule
A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE •
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records ofsuch agency or by the Public Records.
2.Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the
Land or that may be asserted by persons in possession of the Land.
3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4.Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and that 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.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,
attorneys' fees or expenses which arise by reason of:
1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i)the occupancy, use, or enjoyment ofthe Land;
(ii)the character, dimensions, or location ofany improvement erected on the Land;
(iii)the subdivision of land; or
(iv)environmental protection;
or the effect of any violation ofthese laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d),14 or 16.
(b)Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 5, 6,
13(c),13(d),14 or 16.
2.Rights ofeminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
Attachment One (06/03/11)
•
,x044•
Si.41 'Oale•
(a)created, suffered, assumed, or agreed to by the Insured Claimant;
(b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c)resulting in no loss or damage to the Insured Claimant;
(d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11,16,17,18,19, 20, 21, 22, 23, 24, 27 or 28); or
(e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceability of the lien ofthe Insured Mortgage because ofthe inability or failure of an Insured to comply with applicable doing
business laws ofthe state where the Land is situated.
5.Invalidity or unenforceability in whole or in part ofthe lien ofthe Insured Mortgage that arises out ofthe transaction evidenced by the
Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify
or limit the coverage provided in Covered Risk 26.
6.Any claim of invalidity, unenforceability or lack of priority ofthe lien of the Insured Mortgage as to Advances or modifications made
after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner ofthe estate or interest covered by this
policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to
Date ofPolicy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date ofPolicy in accordance
with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien ofthe Insured Mortgage, is
(a)a fraudulent conveyance or fraudulent transfer, or
(b)a preferential transfer for any reason not stated in Covered Risk 27(b)of this policy.
Attachment One (06/03/11)
STORM WATER
/4•4 STANDARDS Development Services
Land Development Engineering
CITY OF QUESTIONNAIRE 1635 Faraday Avenue
CARLSBAD E-34 760-602-2750
www.carlsbadca.gov
INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects, the City requires that new development and
significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's)into the project
design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards
(Volume 4, Chapter 2) at www.carlsbadca.gov/standards.
Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision,
discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that
must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to
'Standard Stormwater Requirements'or be subject to additional criteria called 'Priority Development Project Requirements'.Many
aspects of project site design are dependent upon the storm water standards applied to a project.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.City staff has
responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire
was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return
of the development application as incomplete.In this case, please make the changes to the questionnaire and resubmit to the City.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please
seek assistance from Land Development Engineering staff.
A separate completed and signed questionnaire must be submitted for each new development application submission.Only one
completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently.
In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits
for the project.
Please start by completing Step 1 and follow the instructions.When completed,sign the form at the end and submit this with your
application to the city.
STEP 1
TO BE COMPLETED FOR ALL PROJECTS •
•••
To determine if your project is a priority development project, please answer the following questions:
YES NO
1.Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet
the following criteria: (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or
other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from
paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in
accordance with USEPA Green Streets guidance?
2.Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are
designed and constructed in accordance with the USEPA Green Streets guidance?
If you answered "yes" to one or more of the above questions, then your project is NOT a priority development project and therefore is
NOT subject to the storm water criteria required for priority development projects.Go to step 4,mark the last box stating "my
project does not meet PDP requirements" and complete applicant information.
If you answered "no" to both questions, then go to Step 2.
E-34 Page 1 of 3 Effective 6/27/13
STORM WATER
di>STANDARDS Development Services
\\N Land Development Engineering
CITY OF QUESTIONNAIRE 1635 Faraday Avenue
CARLSBAD E-34 760-602-2750
www.carlsbadca.gov
STEP-2 •
••TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJEOTS
To determine if your project is a priority development project, please answer the following questions:YES NO
1.Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively
over the entire project site?This includes commercial,industrial,residential,mixed-use,and public
development projects on public or private land.
2.Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire
project site on an existing site of 10,000 square feet or more of impervious surface?This includes commercial,Xindustrial, residential, mixed-use, and public development projects on public or private land.
3.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a restaurant?A restaurant is a facility that sells prepared
'2Kfoods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared
foods and drinks for immediate consumption.
4.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a hillside development project?A hillside development
project includes development on any natural slope that is twenty-five percent or greater.•\
5.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a parking lot.A parking lot is a land area or facility for the
temporary parking or storage of motor vehicles used personally for business or for commerce.
6.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a street,road,highway freeway or driveway?A street,
road,highway,freeway or driveway is any paved impervious surface used for the transportation of
automobiles, trucks, motorcycles, and other vehicles.
7.Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of
impervious surface surface collectively over the entire site,and discharges directly to an Environmentally Sensitive
Area (ESA)?"Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less 7\from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the
project to the ESA (i.e. not commingles with flows from adjacent lands).*
8.Is your project a new development that supports an automotive repair shop?An automotive repair shop is a
facility that is categorized in any one of the following Standard Industrial Classification (SIC)codes:5013,
5014, 5541,7532-7534, or 7536-7539.
9.Is your project a new development that supports a retail gasoline outlet (RGO)?This category includes RGO's
that meet the following criteria:(a)5,000 square feet or more or (b)a project Average Daily Traffic (ADT) of
100 or more vehicles per day.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land and
are expected to generate pollutants post construction?
11.1s your project located within 200 feet of the Pacific Ocean and (1)creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%?
If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore subject to
implementing structural Best Management Practices (BMP's)in addition to implementing Standard Storm Water Requirements such
as source control and low impact development BMP's.A Storm Water Management Plan (SWMP)must be submitted with your
application(s) for development.Go to step 3 for redevelopment projects.For new projects, go to step 4 at the end of this
questionnaire, check the "my project meets PDP requirements" box and complete applicant information.
If you answered "no"to all of the above questions,you ARE NOT a priority development project and are therefore subject to
implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all
development projects.A Storm Water Management Plan (SWMP)is not required with your application(s) for development.Go to step
4 at the end of this questionnaire,check the "my project does not meet PDP requirements"box and complete applicant
information.
E-34 Page 2 of 3 Effective 6/27/13
STORM WATER
014k STANDARDS Development Services
4:tt Land Development Engineering
........,QUESTIONNAIRE 1635 Faraday AvenueNT/CITY OF
CARLSBAD E-34 760-602-2750
www.carlsbadca.gov
,.STEP 3 14.;A.4114-1.'.i4viiiiiw*;I
[[TO iftctimpterrtftbfteDrietbmitro'pReiimts THAT E PRIY DELMENT'PlkOC ONLY[_____AR __ORIT VE_OP _JETS __'
Complete the questions below regarding your redevelopment project:YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than
50% of the surface area of the previously existing development?
If you answered "yes," the structural BMP's required for Priority Development Projects apply only to the creation or replacement of
impervious surface and not the entire development.Go to step 4,check the "my project meets PDP requirements" box and
complete applicant information.
If you answered "no," the structural BMP's required for Priority Development Projects apply to the entire development.Go to step 4,
check the "my project meets PDP requirements" box and complete applicant information.
1
-
STEP 4
—
CHECK THE APPROPMATE BOX AND COMPLETE APPLICANT INFORMATION
C.1 My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater
criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application.
I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details.
.,,r.....My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per
the SUSMP. As part of these requirements,I will incorporate low impact development strategies throughout my project.
Applicant Information and Signature Box
r 9-zia i
Address:/g ig (4J -g.5'0.s('`ottY)••'''Accessor's Parcel Number(s):..‹._/rn n 1LC).__1 II .u -(-1.1
Applicant Name:(A-71-
-
LAG (eve lord a Applicant Title:7")..._1_.'
iTiesv?./ iApplicant Signature>/4 frin-Date:6:-Z -il'
This Box for City Use Only
City Concurrence:YES NO
By:
Date:
Project ID:
*Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas
designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the
San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources
Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their
quivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent
environmentally sensitive areas which have been identified by the Copermittees.
E-34 Page 3 of 3 Effective 6/27/13