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HomeMy WebLinkAboutCT 16-10; HOME AVENUE; Tentative Map (CT)1:).i406cr sr City of LAND USE REVIEW Development Services Planning Division Carlsbad APPLICATION 1635 Faraday Avenue P-1 (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR:(CHECK BOXES) Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY) 0 Coastal Development Permit 0 Minor 0 General Plan Amendment 0 Conditional Use Permit 0 Local Coastal Program Amendment Minor 0 Extension Day Care (Large)0 Master Plan El Amendment 0 Environmental Impact Assessment El Specific Plan 0 Amendment 0 Habitat Management Permit 0 Minor Zone Change 0 Hillside Development Permit 0 Minor 0 Zone Code Amendment 0 Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits gPlanned Development Permit 0 Minor PUP Ej Review Permit %Residential Non-Residential ((p-19- Administrative 0 Minor 0 Major 0 Planning Commission Determination 0 Reasonable Accommodation Village Review Area Permits El Site Development Plan 0 Minor 0 Review Permit 0 Special Use Permit 0 Administrative El Minor El Major El Tentative Parcel Map (Minor Subdivision) 1Z1 Tentative Tract Map (Major Subdivision)ell (010 0 Variance 0 Minor 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).:203-202-03 PROJECT NAME:Home Avenue BRIEF DESCRIPTION OF PROJECT:5 single family detached homes with a common recreation lot BRIEF LEGAL DESCRIPTION:Lot 13 of Map 2145, City of Carlsbad, County of San Diego, State of California LOCATION OF PROJECT:Home Avenue between Jefferson Street and Hope Street STREET ADDRESS ON THE:Southerly SIDE OF Home Avenue (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) BETWEEN Jefferson Street AND Hope Avenue (NAME OF STREET)(NAME OF STREET) P-1 Page 1 of 6 DQ.A11.(kH Revised 03/16 44•160.1 "%Ad t OWNER NAME (Print):Edmond T. Shehab APPLICANT NAME (Print):800 Grand MMKLC, LLC. MAILING ADDRESS:800 Grand Avenue, Suite C 16 MAILING ADDRESS: 888 Prospect Street, Suite 330 CITY,STATE,ZIP:Carlsbad, CA 92008 CITY, STATE, ZIP:La Jolla, CA 92037 TELEPHONE (760)434-1025 TELEPHONE:(858)342-9725 EMAIL ADDRESS:eddieshehab@hotmail.com EMAIL ADDRESS:chris@mckellarmcgowan.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE.I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS T OWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPORT OF HEREINAPPLIC I .„ (L-07.Witt)/d ,...„764SIGNATUREDATE SIGNATUREOWSMJ4.110r2 cb 0°Avi"&rt - APPLICANT'S REPRESENTATIVE (Print):Rod Bradley, BHA Inc. MAILING ADDRESS:5115 Avenida Encinas, Suite L CITY, STATE, ZIP:Carlsbad, CA 92008 TELEPHONE:(760)931-8700 EMAIL ADDRESS:rbradley@bhaincsd.com .,. I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. //e77.4.- , SIGNATURE DA?E IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION.I/WE 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 ./ANY UCCESS IN TEREST. _.---- ( PROPER OWNER SIGNATUREdS FOR CITY USE ONLY RecEivED OCT 31 2016 CITY OF eAPLANNimcj„LSBAD DATE STAMP APPLIGPLIVN-NCEIVED RECEIVED BY: P-1 Page 2 of 6 Revised 03/16 • IF Development Services City of DISCLOSURE STATEMENT Planning Division Carlsbad P-1(A)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal.Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1.APPLICANT (Not the applicant's agent) Provide the COMPLETE.LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names,titles,addresses of all individuals owning more than 10%of the shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned corporation,include the names,titles,and addresses of the corporate officers.(A separate page may be attached if necessary.) Person Corp/Part 800 Grand MMKLC, LLC Title Title See attached for further information. Address Address 2.OWNER (Not the owners 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 Edmund T. Shehab Corp/Part Title Trustee of the Edmund T. Shehab Trust of 1989 Title 800 Grand Avenue, Ste. C-16Address Address Carlsbad, CA 92008 P-1(A)Page 1 of 2 Revised 07f10 0.......... 4.460 ..sr 3.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4.Have you had more than $500 worth of business transacted with any member of City staff,Boards,Commissions,Committees and/or Council within the past twelve (12) months? ri Yes No If yes, please indicate person(s):yi NOTE:Attach additional sheets if necessary. I certify that all the above information is true and correct to my knowledge. Signature of wner/date Signature of applicant/date Edmund T. Shehab 800 Grand MMKLC, LLC Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A)Page 2 of 2 Revised 07/10 SueSue MCKELLAR MCGOWAN REAL ESTATE DEVELOPMENT Attachment to Paragraph 1 of Disclosure Statement P-1(A) for 800 Grand Avenue, Carlsbad, CA Applicant:800 Grand MMKLC, LLC, a California limited liability company Address of Applicant:180 N. Riverview Drive, Suite 100, Anaheim, CA 92808 Manager ofApplicant: McKellar McGowan, LLC,a California limited liability company, Christopher S.McKellar, CEO and Member; Timothy J.McGowan, President and Member; Jeff E. Johnson Executive Vice President, Secretary, and Member; Scott A. Myers, COO, CFO, and Member. Owners of Applicant: Owner 1:KLC 800 Grand Carlsbad, LLC,a California limited liability company Sole Member of Owner 1:FKC LLC,a California limited liability company, Brett Albrecht, Managing Director Owner 2:JM3 Grand Avenue Associates, L.P., a California limited partnership General Partner ofOwner 2:McKellar McGowan, LLC,a California limited liability company Limited Partners ofOwner 2: Christopher S.McKellar Timothy J.McGowan Jeff E. Johnson Scott A. Myers McKellar McGowan LLC • 888 Prospect St #330 La Jolla CA 92037 • 858.342.9725 of PROJECT DESCRIPTION Development ServicesCityPlanning Division Carlsbad P-1(B)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME:Home Avenue APPLICANT NAME:800 Grand MMKLC,LLC" 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: Please see attached project description. P-1(B)Page 1 of 1 Revised 07/10 0 HOME AVENUE CARLSBAD, CALIFORNIA There are two (2) applications associated with this project, one is a Tentative Subdivision Map and the other is a Planned Development Permit.The project is a single lot subdivision with five (5) single family condominiums in a R-3 Zone. The project site is located on Home Avenue, Carlsbad, California, adjacent to the Village Specific Plan Area.The project site is currently developed with a parking lot that serves the office complex at 800 Grand Avenue. The proposal at hand is to demolish the existing parking lot and replace it with two (2)attached and three (3) detached single family residential buildings (condominiums). The proposed buildings are three (3) stories in height.The architecture is characterized as California Coastal, utilizing pitched roofs with a combination of stucco and wood with wood trim. The proposed color scheme is made up of a family of colors that exist in the Village Area of Carlsbad (soft hues of greens, browns and greys). The five (5) residential units are comprised of the following floor plans,as follows. Floor Plans: Plan 1A 3BR/3.5BA 2,442 SF Plan 1B 3BR/3.5BA 2,418 SF Plan 2A 3BR/3.5BA 2,468 SF Plan 2B 3BR/3.5BA 2,468 SF The project is being served by a 24' wide drive isle,off of Home Avenue. The drive isle also serves as a fire lane to access the north side of the 800 Grand Avenue Project. The project is also proposing a recreation area at the south end of the drive isle adjacent to 800 Grand Avenue.The recreation area is comprised of a pool,spa and pool decking. Additionally,each unit will have its own private yard located at the rear of each unit. The project is proposing two (2) enclosed parking spaces with each unit and two (2) guest spaces located off of the drive isle for a total of twelve (12) on site spaces. bh A_,Inc. HAZARDOUS WASTE Development Services City of AND SUBSTANCES Planning Division Carlsbad STATEMENT 1635 Faraday Avenue (760) 602-4610 P-1(C)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): Er]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:800 Grand MMKLC, LLC.Name:Edmond T. Shehab Address:888 Prospect Street, Suite 330 Address: 800 Grand Ave Suite C16 La Jolla, CA 92037 Carlsbad, CA 92008 Phone Number:(858)342 -9725 Phone Number:(760)434 -1025 Address of Site:Home Avenue, Carlsbad, CA 92008 (BTW Jefferson/Hope) Local Agency (City and County):City of Carlsbad, County of San Diego Assessor's book, page, and parcel number:Book 203, Page 20, Sheet 1 of 2, #3 & 18 Specify list(s):N/A Regulatory Identification Number:N/A Date of List:N/A z6X..Applicant Signatu ate Property Owner Sig ature/Date CIN/Nc3 /el drr 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 TIME LIMITS ON Development Services City of DISCRETIONARY Planning Division Carlsbad PROJECTS 1635 Faraday Avenue (760) 602-4610P-1(E)www.ca rlsbad ca .gov PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City.The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete.Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete.If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e.,clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (7 AoplicananKure: r-17A44 (14-C I/ or/o Staff Signature: Date: To be stapled with receipt to the application P-1(E)Page 1 of 1 Revised 07/10 October 27, 2016 W.O. 1026-1383-400 Land Development Department CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 RE: TENTATIVE MAP PROCESSING FOR 800 GRAND AVENUE & HOME AVENUE To Whom It May Concern: This letter will serve as my authorization to allow Chris McKellar to act as my agent during the processing of the Tentative Subdivision Maps that is being prepared on my behalf by BHA, Inc. He is also authorized to sign the cover of the Tentative Subdivision Maps and all applications necessary for the processing. Sincerely, Edmond T. Shehab 800 Grand Avenue, Suite C16 Carlsbad, CA 92008 (760)434-1025 Ordeaber:NCS-795225-SD Page Number:1 A Al F,'/{! 9.•'' - First American Title Company National Commercial Services 4380 La Jolla Village Drive, Suite 110 San Diego,CA 92122 May 27, 2016 Karen Hagen First American Title 7979 Ivanhoe Avenue, Ste 200B La Jolla ,CA 92037 Phone: (858)202-5675 Fax: (888)302-8627 Customer Reference:5189235 (KH) Title Officer:Vince Tocco/ Linda Slavik Phone:(858)410-3886 ED Fax No.:(877)461-2094 E-Mail:vtocco@firstam.com RECEIV Buyer:McKellar McGowan LLC OCT 31 2016 Owner:T. Shehab Revocable Trust CITY OF CARLSBAD PLANNING DIVISION Property:800 Grand Avenue, Carlsbad,CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached.Thepolicy to be issued may contain an arbitration clause.When the AmountofInsurance is less than that set forth in the arbitration dause, all arbitrable matte's shall be arbitratedat the option ofeither the Company or the Insured as the exclusive remedy ofthe parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. firstAmerican Title Insurance Company .141 ormairommmorimmor 0 Order NQr:NCS-795225-SD Page Number: 2 It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto)is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a Binder or Commitment should be requested. First American Title Insurance Company 0rde3nber:NCS-795225-SD Page Number: 3 Dated as of May 20, 2016 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA Standard Owner Policy A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: EDMOND T. SHEHAB, TRUSTEE, EDMOND T. SHEHAB REVOCABLE TRUST-1989, DATED 5/23/89 The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1.General and special taxes and assessments for the fiscal year 2016-2017,a lien not yet due or payable. 2.The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3.An easement for underground facilities consisting of conduits, manholes, handholes and junction boxes with above ground structures consisting of pads, transformers and other appurtenances necessary and incidental purposes, recorded December 24, 1974 as Instrument No.1974- 333018 of Official Records. In Favor of:San Diego Gas & Electric company Affects:as described therein The location of the easement cannot be determined from record information. 4.Rights of parties in possession. First American Title Insurance Company morrimu rommorisi 0 Order NOr:NCS-795225-SD Page Number: 4 INFORMATIONAL NOTES 1.Taxes for proration purposes only for the fiscal year 2015-2016. First Installment:$12,753.49, PAID Second Installment:$12,753.49, PAID Tax Rate Area:09098 APN:203-202-18-00 (Affects Parcel A) 2.Taxes for proration purposes only for the fiscal year 2015-2016. First Installment:$1,765.37, PAID Second Installment:$1,765.37, PAID Tax Rate Area:09000 APN:203-202-03-00 (Affects Parcel B) 3.According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 800 GRAND AVENUE and 849 HOME AVENUE, CARLSBAD, CA. 4.According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 5.This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only.It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 6.Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A.WITH RESPECT TO A CORPORATION: 1.A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2.A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3.A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 4.Requirements which the Company may impose following its review of the above material and other information which the Company may require. first American Tide Insurance Company OrdeOnber:NCS-795225-SD Page Number:5 B.WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1.A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2.A full copy of the partnership agreement and any amendments; 3.Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4.A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 5.Requirements which the Company may impose following its review of the above material and other information which the Company may require. C.WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1.A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2.A full copy of the partnership agreement and any amendment; 3.Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4.A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 5.Requirements which the Company may impose following its review of the above material and other information which the Company may require. D.WITH RESPECT TO A GENERAL PARTNERSHIP: 1.A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2.A full copy of the partnership agreement and any amendments; 3.Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E.WITH RESPECT TO A LIMITED LIABILITY COMPANY: 1.A copy of its operating agreement and any amendments thereto; 2.If it is a California limited liability company,a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; 3.If it is a foreign limited liability company,a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4.With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: (i)If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii)If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5.A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. First American Tide Insurance Company OMNI 11111.11 0 Order NLQ:NCS-795225-SD Page Number: 6 6.Requirements which the Company may impose following its review of the above material and other information which the Company may require. F.WITH RESPECT TO A TRUST: 1.A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. 2.Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3.Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G.WITH RESPECT TO INDIVIDUALS: 1.A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon.First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instructions for deposit offunds to your escrow file please contact your Escrow Officer.***** First American 7711e Insurance Company yi Ordeaber:NCS-795225-SD Page Number: 7 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: PARCEL 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PAGE 3260 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 27,1974. PARCEL B: LOT 13 OF SCHELL AND SITES ADDITION TO CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 20, 1929. APN:203-202-18-00 ( Affects Parcel A) and 203-202-03-00 (Affects Parcel B) First American Title Insurance Company ow ow Order NOer:NCS-795225-SD Page Number: 8 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us.It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: •Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; •Information about your transactions with us, our affiliated companies, or others; and •Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance Company teN, 11401 OrdeOiber:NCS-795225-SD Page Number: 9 CLTA/ALTA HOMEOWNERS POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building;(d) improvements on the Land; (b) zoning;(e) land division; and (c) land use;(f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14,15,16,18,19, 20, 23 or 27. 2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes.This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3.The right to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17. 4.Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5.Failure to pay value for Your Title. 6.Lack of a right: (a) to any land outside the area spedfically described and referred to in paragraph 3 of Schedule A; and (b)in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Your Deductible Amount Our Maximum DollarLimit of Liability Covered Risk 16:1% of Policy Amount or $2,500.00 (whichever is less)$10,000.00 Covered Risk 18:1% of Policy Amount or $5,000.00 (whichever is less)$25,000.00 Covered Risk 19:1% of Policy Amount or $5,000.00 (whichever is less)$25,000.00 Covered Risk 21:1% of Policy Amount or $2,500.00 (whichever is less)$5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2.The right to take the land by condemning it, unless: (a)a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking First American Title Insurance Company Order NuOr:NCS-795225-SD Page Number: 10 3.Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4.Failure to pay value for your title. 5.Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b)in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.a. Any law, ordinance, permit, or governmental regulation (induding 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 Exdusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b. Any governmental police power. This Exdusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e.resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage,is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7.Any lien on the Title for real estate taxes or assessments imposed by 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: First American Title Insurance Company /4- 011 Ordertvonber:NCS-795225-SD Page Number: 11 1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the public records. 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 govemmental regulation (induding 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 Exdusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b.Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c.resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage,is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7.Any lien on the Title for real estate taxes or assessments imposed by 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: first American Title Insurance Company ——....1••••••••11/01.4.6. Order Nut uer: NC5-795225-5D Page Number: 12 1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 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 Exdusion 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 Exdusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,16,17,18,19, 20, 21, 22, 23, 24, 27 or 28); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6.Any daim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 27(b)of this policy. First American Title Insurance Company ,••00.NkYCA 0\ City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111I NI Millint1111111111 Applicant:800 GRAND MMKLC LLC Set Id:5000004475 /Tmp set/Initialized Projects Description Amount CT160009 11,586.68 RP160016 3,887.00 Total:15,473.68 Receipt Number:R0121209 Transaction ID:7000151286 Transaction Date:10/28/2016 Pay Type Method Description Amount Payment Check 15,473.68 Transaction Amount:15,473.68