Loading...
HomeMy WebLinkAboutCUP 02-05; LOT 23 AUTO STORAGE FACILITY; Conditional Use Permit (CUP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) 1111 Administrative Permit - 2nd F7 Planned Industrial Permit Dwelling Unit LI Administrative Variance Planning Commission Determination LI Coastal Development Permit till Precise Development Plan U Conditional Use Permit jJ41 y -5 U Redevelopment Permit L Condominium Permit U Site Development Plan LI Environmental Impact U Special Use Permit LI General Assessment Plan Amendment U Specific Plan U Hillside Development Permit U Tentative Parcel Map Obtain from Engineering Department Local Coastal Plan Amendment Tentative Tract Map LI Master Plan Variance Non-Residential Planned U Zone Change Development U U Planned Development Permit List other applications not (FOR DEPARTMENT USE ONLY) 2) ASSESSOR PARCEL NO(S).: - 09 \ - 03 3) PROJECT NAME: Lol Z - ATU D9-G- iCuT( 4) BRIEF DESCRIPTION OF PROJECT: 7 5) OWNER NAME (Prnt or Type) 6) APPLICANT NAME (Print or Type) MAILING ADDRESS MAILING ADDRESS 4(ck0 L itWA S$ LL oiz-4 10c CITY AND STATE ZIP TELEPHONE E- CITY AND STATE ZIP ELE?HONE -o CA . 0 2Z D1Ec 7 Cè\. ctalzc I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOWLEDGE, 3ECT TO THE OFMYKNOWLEDGE SIGNATURE DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION LOcZ€, C tT- t, r(4F (t27 1) c- NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form l6 PAGE 1OF2 _- - 18 2001 - 3: 27PM NO.281__p Southland Title 4520 Executive Dr. 0100 San Diego, CA 92121 PHONE: (85) 552-0332 ESCROW NO.;LM3477C C / ORDER NO.: 313322 8 RECEIVED SOUTHLAND TITLE ESCROW 5208 JACKSON DRIVE, #113 LA MESA, CA 91941 ATTENTION: CAREN CASH JAN 042002 CITY OF CARLSBAD PLANNING DEPT. DATED AS OF June 13, 2001 AT 7:30 A.M. "PRELIMINARY REPORT' IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURA1 CE, SOUThLAND TITLE HEREBY REPORTS THAT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND NO THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS Wi- ICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSL ANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. TH PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLl ONES ARE SET FORTH IN THE ATTACHED UST. COPIES OF THE POLICY FORMS SHOULD BE READ. HEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PLRPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILI Y IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE 3F A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSION ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS THAT ARE NOT COVERED UNDER THE T .:RMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTA! IT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS IC THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS AND ENCUMBRANCES AFFEI fliNG TITLE TO THE LAND. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: American Land Title Association Loan Policy SOUTHLAND TITLE KEVIN MCCALLEY, TITLE OFFICER fax: (858) 550-2609 1iLCi8.2ø1 3:7pM - NO . 281 P-2, 11 ORDER NO. 31332213 SCHEDULE A THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED 10 COVERED BY THIS REPORT IS / AFEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: / Michael J. Durkin and Sheryl K. Durkin, Trustees of the Durkin Family Trust dated June 10, 1 99 THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF SAN DIE 30, STATE OF CALIFORNIA AND IS DESCRIBED IN ATTACHED EXHIBIT UA: 3: NO.281 P.a.ii ORDER NO. 31332213 EXHIBIT "A" Lot 23 of Carlsbad Tract No. 81-46 Unit No. 1 in the City of Carlsbad, County of San Diego, State of California according to the Map thereof No. 11287, filed in the Office of the County Recorder of San Diego County, July 16 1985. Assessors Parcel No. 212-091.03 3 - -,DEC -18-2W1 — 3: ,—?Pm 140. 291 .4-ii ORDER NO. 31332213 SCHEDULES AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTE 0 EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM DESIGNATED ON THE FACE PAC E OF THIS REPORT WOULD BE AS FOLLOWS: ()roPerty taxes, including general and special taxes, persona =- 2002 ny, and any assessments co llected with taxes, to be levied for the flsc year w h are a liei not yet payable. ' Property taxes, including general and special taxes, personal PNpert7tMm,, lf any, and ai assessments collected with taxes, for the fiscal year shown ow, am raid. or proration purposes the amounts are: Fiscal year 1st Installment 2nd Installment. Exemption: Code Area: Assessment No.., 2000 -2001 $7,760.26 paid $7,760.26 paid $None 09104 212-091-03 OC- An assessment (1915 Act) by the improvement district shown below. Assessment (or Bond) No.: 212-91-3 Series: 85-2 District: Carlsbad For: College Blvd. Bond Issued: December 10, 1989 Said assessment may be, and usually s, collected with the CountylCityge eral and spec at taxes. Z~ (;supplemental or escaped assessments of property taxes, if any, assessed pursuant to th Revenue and Taxation Code of the State of California. E if any, for community facility districts affecting said land which may exist b tue of assessment maps or notices filed by said districts. r",-granted easement for aerial and underground public utilities and pu rposes incidental thei to as to the San Diego Gas and Electric Company, by deed Recorded: April 15, 1954 in book 5205, page 416 Official Records Affects: Portions of the herein described land, the exact location of which an be determined by examination of the above-mentioned instrument, which contains a compl€ te legal description of the affected poilions of said land. - .- PEC.18.281 - 3:27pm NO. 281 P.5,11 ORDER NO. 3133221 02-An agreement to which reference is hereby made for full particulars. Dated: October 29. 1980 By and Between: Palomar Business Park D.B.A. Airport Business Center - Carlsbad anc The City of Carlsbad Regarding: public facilities fee Recorded: November 16, 1981 as instrument No. 81-361926 Official Records 3. agreement to which reference is hereby made for full particulars. Dated: May 14, 1984 By and Between: Palomar Business Park, a joint venture and The City of Carlsbad Regarding: Hold Harmless Agreement Recorded: June 7, 1984 as instrument No. 84-214355 Official Records 4 declaration of covenants, conditions arid restrictions which, among other things, may contal or provide for: easements; liens and the subordination thereof; and restrictions on partition and severablity of component interests. Recorded: September 12, 1965 as Instrument No. 66-401456 Official Records But omitting any covenant, condition and restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the coven; .rtts, condition or restriction (a) is exempt under title 42 of the United States Code, or (b) relati s to handicap, but does not discriminate against handicapped persons. Note: Section 12956 of the Government Code provides the following: If this docu neat contains any restrictions based on race, color, religion, sex, familial status, marital SI atus, disability, national origin, or ancestry, that restriction violates state and federal fair ho Ising laws and is void. Any person holding an interest in this property may request that the c unty recorder remove the restrictive language pursuant to subdivision (c) of Section 12955.1 f the Government Code. Said covenants, conditions and restrictions provide that a violation thereof shall not defe it the lien of any mortgage or deed of trust made in good faith and for value. Modification(s) of said covenants, conditions and restrictions Recorded: January 28, 1987 as instrument No. 87-048040 Official Records (5.An easement for the purpose shown below and rights incidental thereto as set fort i in a ..,.J document Granted to: Carlsbad Airport Centre, Owners Association, a California Nonprol t Mutual Benefit Corporation Purpose: common area Recorded: October 31, 1986 as Instrument No. 86-497819 Official Records Affects: Portions of the herein described land, the exact location of which an be determined by examination of the above-mentioned instrument, Which contains a compic e legal description of the affected portions of said land. 5 - - -DEC.18. 281 3: 140.281 P.6,11 ORDER NO. 313322 B (')An agreement to which reference is hereby made for full particulars. Dated: November 12, 1986 By and Between: San Diego Gas and Electric Company and Carlsbad Airport Centre, a California Limited Partnership Regarding: right-of-way use Recorded: November 18, 1986 as Instrument No. 86-529968 Official Records 7. n easement for aerial and underground public utilities and purposes incidental thereto as I anted to the San Diego Gas and Electric Company, by deed Recorded: June 12, 1987 as Instrument No. 87-326080 Official Records Affects: Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete h gal description of the affected portions of said land. 8. easement for aerial and underground public utilities and purposes incidental theretc as granted to the San Diego Gas and Electric Company, by deed Recorded: January 22, 1999 as Instrument No. 1999-0037431 Official Records Affects: Portions of the herein described land, the exact location of which car be determined by examination of the above-mentioned instrument, which contains a complete egal description of the affected portions of said land. 9. ny easements not disclosed by those public records which impart constructive notice and x 'hich are not visible and apparent from an inspection of the surface of said land. 10. ater rights, claims or title to water, whether or not shown by the public records. 11. he ALTA Loan policy to be issued after completion of improvements will include CLTA Mc. 100 endorsement, provided there then exists no violation of covenants, conditions or restriction! , and no encroachments of improvements onto easements or otherwise, but only insofar as such endorsements relate to matters shown in ('This report' or "our report dated June 13, 2001'). 12. atters which may be disclosed by an inspection or by a survey of said land that is satisfac ory to this Company, or by inquiry of the parties in possession thereof. An inspection of said land has been ordered, which may result in additional exceptions. Any claims for mechanics liens on said land that may be recorded by reason of a v ork of improvement as disclosed by an inspection of said land. 44(ny invalidity or defect in the title of Vestees in the event such trust is invalid or fails to confer sufficient powers in the trustees or in the event there is lack of compliance with the ten is and provisions of the trust instrument End of Schedule B Sea "Notes and Requirements" N. ;] - - PEC 18. 2801- - 3:28PM N0.281 P.7, 11 ORDER NO. 313322'8 NDTE CALIFORNIA INSURANCE CODE 12413.1 REGULATES THE DISBURSEMENT OF ESCROW AID SUBESCROW FUNDS BY TITLE COMPANIES. THE "GOOD FUNDS LAW REQUIRES THAT FUN' 35 BE DEPOSITED IN THE TITLE COMPANY ESCROW OR SUBESCROW ACCOUNTS AlID AVAILABLE FOR WITHDRAWAL PRIOR TO DISBURSEMENT. FUNDS DEPOSITED BY: a) CASH AND ELECTRONIC TRANSFER (BANK WIRE) WILL BE AVAILABLE FOR SAME C NY DISBURSEMENT. b) CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS WILL BE AVAILABLE F )R NEXT DAY DISBURSEMENT c) ALL OTHER TYPES OF CHECKS WILL NOT BE AVAILABLE FOR DISBURSEMENT UNTIL 'I HE DAY PROVIDED IN REGULATIONS ADOPTED BY THE FEDERAL RESERVE BOARD OF GOVERNORS. d) DRAFTS WILL NOT BE AVAILABLE FOR DISBURSEMENT UNTIL THE DRAFT HAS Si EN SUBMITTED FOR COLLECTION AND PAYMENT RECEIVED BY OUR BANK ALL ESCROW AND SUBESCROW FUNDS RECEIVED BY THE COMPANY WILL BE DEPOS1TE) IN THE ESCROW OR SUBESCROW ACCOUNTS OF THE COMPANY IN A STATE OR NATIO VIAL BANK THE COMPANY MAY RECEIVE BENEFITS FROM SUCH BANKS BASED UPON HE BENEFITS OF SUCH ACCOUNTS. SUCH BENEFITS WILL BE RETAINED BY THE COMPAN AS PART OF ITS COMPENSATION FOR ACTING AS ESCROW OR SUBESCROW AGENT .ND HANDLING SUCH FUNDS. PLEASE NOTE: SHOULD SOUThLAND TITLE BE REQUESTED TO DISBURSE FUNDS BY ELECTRONIC TRANSFER (WIRED FUNDS), WE WILL REQUIRE THAT FUNDS BE DEPOS TED INTO OUR ACCOUNT BY ELECTRONIC TRANSFER. OUR WIRE TRANSFER INFORMATION IS AS FOLLOWS: Union Bank of California Title Industry Group 9810 350 California St San Francisco,, CA 94104 CREDIT: ACCOUNT NO: ROUTING NO.: SOUTHLAND TITLE 9100449304 122000498 FOR THE ACCOUNT OF: SOUTHLAND TITLE - LOAN PAYOFF DEPT. TO INSURE PROPER CREDIT, THE WIRE MUST CONTAIN: I. OUR TITLE ORDER NUMBER AND 2. OUR TITLE OFFICER'S NAME FAILURE TO DO SO MAY CAUSE DELAYS IN THE CLOSING OF A TRANSACTION A 4D/OR MISPLACED OR LOST FUNDS, SOUThLAND TITLE DOES NOT ACCEPT LIABILITY FOR SUCH DELAYS IN CLOSING, MISPLACED ANDIOR LOST FUNDS, OR DAMAGES (IE. IN1I REST, PENALTIES) SUFFERED BY REASON OF ONE'S FAILURE TO COMPLY WITF THE IDENTIFICATION/CREDIT PROCEDURE SET FORTH ABOVE. ALL UNIDE.NTIFIEDIUNCL AIMED WIRES WILL BE RETURNED AFTER FORTY-EIGHT (48) HOURS. SHOULD YOU HAVE ANY QUESTIONS REGARDING THE DEPOSIT OR DISBURSEMENT OF FUNDS, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. 7 - -DEC. 18. 28ø - :3:,- MD. 2B1 P.& 11 ORDER NO. 313322'8 REQUIREMENTS No. 1: The Company will require that it be provided with either (j) a complete copy of tt trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (ii) a Certification, pursuant to yP California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter named trust, a form of which is attached. Reference: Michael J. Durkin and Sheryl K. Durkin, Trustees of the Durkin Family Trust dated June 10, 1999 No. 2 : The Company will require a statement of information from the parties nar ied ,-elcw in order to complete this report, based on the effect of documents, proceedings, lit ns, decrees, or other matters which do not specifically describe said land, but which, If anj do exist, may affect the title or impose liens or encumbrances thereon. Parties Durkin, Michael J. and Sheryl K. (Note: The statement of information is necessary to complete the search and examinatic n of title under this order. Any title search includes matters that are indexed by name only, and having a completed statement of information assists the Company in the elimination of CE 'fain matters which appear to involve the parties but in fact affect another party With the san a or similar name. Be assured that the statement of information is essential and will be kept s' ictly confidential to this file.) 3e No. 3: The Company will require a statement of information from the parties n imed -'below in order to complete this report, based on the effect of documents, proceedings, iens, decrees, or other matters which do not specifically describe said land, but which, if a iy do exist, may affect the title or im . r encumbrances thereon. 'Parties, Rekab Properties iote: The statement of information is necessary to complete the search and examinatio i of !\. title under this order. Any title search includes matters that are indexed by name only, ar i having a completed statement of information assists the Company in the elimination of C 2rtatn matters which appear to involve the parties but in fact affect another party with the same 3r similar name. Be assured that the statement of information is essential and will be kept t trictly confidential to this file.) 18. 2001 3: -' NO.281 P-9, 11 ORDER NO. 31332-2'8 NOTES t4ote Mc. 1: It is our understanding that the buyers in this transaction are: Rekab Properties Please advise us immediately if the names are misspelled, or if there are any other parties n t shown herein above. E 'No. 2: If the title company is required to pay the real property taxes for any tax parcels included in the transaction, sufficient funds will be withheld from the escrow to pay the taxes unless one or more of the following applies: A: The taxes show as Pakf on the tax collectors rolls as reported to the title company. B: The owner/seller of the property can provide escrow with sufficient proof that the taxes have been paid, Proof of the payment must be by photocopy (front and back) of the paid check to the tax collector. If paid by the lender, a written statement by lender that the taxes have been paid will suffice. W~ote No. 3: The charge for a policy of title insurance, when issued through this title order, w 1 be based on the short-term rate. i.t.L.1b.1 3:29pM NO.281 P. 1( .'ll Southland Title 4520 Executive Dr. #100 San Diego, CA 92121 PHONE: (858) 552-0333 ORDER NO.: 313322'8 ATTENTION: REF: - - Durkin - Dated as of June 13, 2001 at 8:00 A.M. LENDER'S SUPPLEMENTAL REPORT The above numbered report (including any supplement thereto) is hereby modified ar d/or supplemented in order to reflect the following additional items relating to the issuance c an American Land Title Association form policy as follows: None of the items shown in this report will cause the company to decline to a tach CLTA Endorsement Form 100 to an ALTA loan policy, when issued. There is located on said land Known as: Vacant Land 2. The only conveyances affecting said land, which recorded within six (6) months of the date of this report, are as follows: Grantor: Callaway Golf Company Grantee: Michael J. Durkin and Sheryl K. Durkin, Trustees of the Du' dn Family Trust dated June 10, 1999 Recorded: June 14, 2001 as instrument No. 2001-0399146 Official R cords 3:29PM NO.281 P.1..,fl AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10.17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (1O-17.92) WITH ALTA ENDORSEMENT-FORM I COVERAGE EXCLUSIONS FROM COVERAGE TM tcrcura f?2U,fa are iiçftmy aidtisd from .eiioe cItNa aCfcyerd w. a o.al aay!oasodai.mfm. .ermeysI..s ormunsas atileh mat,. baujaai01 1. IN) MyfaW QcS(malee orgavemn0tilat mO*4a (v gbgna)aa*.d mao w4l4lQ Im.a.awmi.Qrrvwm&"qmmuv. r,cidnm prCfiq errCfalkia th.cu ancy. OIL or i(IiSnI a) tbiatid ffl U $(ff. Cflat1CCg Cf aiy ccrnr4 row.ctmarsaltee.erWd 01 tid 1wi4 On * uPi'*Or In a, rcflmaaeln the Cf fliers na Irma of U. ferd Orarypzamf of Wih Cl. Irma imoriema a "m of am omrr'lal proukdom Cf Cam 40d Cf eryCf$4.ftCatcl ifl.ma!a. oadrunc.m oeaovrmm,ni$ ,eciHons. .ep tolho aklmnt lhae * flZ of the .nlcre,nmama thereof 4e $ 4106C.Cf *dUI1 orCtwombrarce rLaVIkiq lrmm*.leaUdn .ra)4.gd Wlan *Xac*v he land his boon r.co'e.d in Ma publIc a at Data of ) Any çø.n,m.nlM aofc$ cower not uid by (c) IUOQt. ieptio Cl. gbW that t eaft of *4 axsevise C*$Qf or a IIi$OI of C tII1*CI AM Of 4#11CURWAM tW4MQ ham a i.4cIa on or alIiQod Vfcp*lIoAl a)t.cc 1170 landau bier rCCCrd.d in *4 0Cf CIPCO$4jaf Dm1.01 P4cy, Z Rahla or .nfsM dormin unlass nO*4 Cl *4 exerzift thereof his been mcord.dM RIe aafe ecco.d$ at Dale Cf Poky. ba* nrz.*$idngftom wvmga any !hifru wa)ifl has ocotared cior tWo 01 Poky Wa)l *wig hibi,CfncPet RI. ,ffrI. Cfl *ioJ.da 3. Dlfacb.It.n,. fat0.1ra3lefl. iigI.tma tnqiIre a) cra1..d rtcrai. mICUlrCd of sOe.cdla b,ineumd&..,a (0) na) liflown ID he Cormpwiy. ma rcs'edIai Ill, pc famca)s it Dale of Pa&y. but IcniW, mi ddaI.ntand $ fn14I Wi ,uai ta 'he Conery by th.Tauua.d ci&kiiitit tori , dalef nmajr*dd,lm,nl becilu anna0uM.rViispcac to) rerjiiWiqfrOleU crdInl., .bdda*4m (tI) M**4' arowomd Aftaquard maO,laCf Paw (BMW I. *4.*eaC mba) Oti s py epyCf*4linr*4Iieut$d .geoatlmfly 5t1.I4C'In Yof *RI%jCU IabCfcr a1.li$4 of ta Ills mammCf inu.w* IN rdehti isle amuam In5.rcoMl*iCll01 Cf corp$a)ed 01 Pøflc Or t.) er1fn1n)OU Cf W1dh'eIId Mtlal* breøi a l.diV1.*4uz.di01nie$4hsdp&dvIhaS larfisk red frencags. 4. OaCieWIYa(thS %anCf W.e indaQa boriume ally ornd r mkgwW 0 Dais P yCI.øu ml any aubNgu*MmamerCf 'h*bidbtsdneaa. It coaeiy mai ,o*.bam dCfn bimln.ia hem 5. bivaMly or ,zieittoic$aea)Iy ci itma *511 ci Il. lnlw*d ninaQe. ordat.r *4's$4.i%d ilImas Qul Cf Cle IrareacIt01 .d.nosd by di. hewed maata and Is hued upon usy or any o rimdb pretootIon of 1M1 in 1.ninc law. 5. atmidery la w W it .tWmCfpyoIanyaolisaykiiIsa e.hioraffliehsnmae over the 11.4101*4 invited troftage)adulnQ IrirrtMbriiism OV51Ciit .4*4e*USnI le Dali Cf Pmloyie heal Jnsnc*Cb, Wali orbi pot bypmoe.da 01 *4 lfie.bt*dMSS secured bylbe hewed, OIIRm;,I uNch at Pal. of Poky" lnIalfi )tU .d.snitd aria oal$tis )OICS. T. Niyd$ln% welCh salali 0411 cI us WW"CftftU*WPS diak ama d W4 niers. Mised by Wa Poky. by ruom Cf 'hi cmsredsrcd llCrwbI$4mmaty.atamMsd'asarvc .a m ow kar"Goon apookm Ills ki*f*4Cf to kwomdnmaeoigiusi*da kauftertcsn ar*4MAiM a*ambi,ar na Ui. mabCf$4n*ban or di. III4SP**t $4041 uleraW T'maIire as maual .404. appilcoSon of d's doonlan of equto. eubreCfj*IDr Or ns kan.r creating Qis tamma 81 *4*4WSd uSing *4iMi sw.$srolsalvan*4 etmact.asrsmispassasnl$4 ir*4fef rsp451 hend', (a 10*401mimi 114heI*$4VCh$4saCf lb) c(ftaliftowdulmAkiwomn.4*4 lax asdtaasrsoraludttoranasdior. The mvs pCfy Irma maybe fasued ta edred Cfd'sr 04sr*4d Covsmgs or Ealendte DaavsCL Cl md5an Ii *4 5 4um1om him Covarigs. di. lI -nna 1mm COi.sris In u Siaat*4d Cvtr.g. pdCy41 mba Include the lal qlC GenslC a. 1Iij, EXCEPTIONS FROM COVERAGE a paky dm fwatirtaft aQafosi Loam ord$n1.s (atld theftr4wW wOM mtj, notnsydiam orupsnmu$mfdeii atlia by Muon oh I. Taut Cf astaurilm vitiiCh ore not beerm rMGrg sns hytiiozscctdscf any at4natdio yUiaIIsCfulamemaruIssanisiis on fasIprOpitly arby die piCe rscoCf,. Prcasdtnya by a puOfla aoorcy wedi ory mault in aasmor unsametwo. ornollms of vgh shown by*4 toxfts of wxh usocyor hydis puo $eeof*. My ($01. 11M3. UltofeSti or cola) crib but WUMmuldto . r*l.dbyI n of d's fond Orb mldi tACfry 04 p*tiCna (4% p$*U)Ofl 111 '541. 3. Eamarremi. term or et,fr0rancaa, otdthr U tff.Wicli ols ty *4 puscordi. 4. DIsca øn11lci*ln hiundity 1ns1. Oiweom Mara. anoroanuneritu. orsayca cIiWitdt a corsit ClPvIyiCtd dxIns, cndv.t¼ll mu by #I* pututo ascrard.. S. (a) naterwe renini aIa* bj omaemorn P.chm .a)lamhng uio IsSâllcs tn.mo w "wiromdairmW*4l.maIOr.YllsiMrCfnOI *4 111.11111 mm lsd under (Dl. N 01 to) are smovort by the public tsco1.i. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-52) and - AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE 1eia.M, Ir*asra*tm saadyedadfrcmr. .41tCfapdtcyand*4Ccepanyw1t n yhesorditreol.oclli. V fl*7a) lieS Cr. maswMdi $byrel$oncl 1. (.) Mylar. ordlnuos or am e9Juden(0thdn bW mmited tobildu amd =me WA% **wms. or !%Q1O1044 t*IbleIAladQa,ja .pvdong ormTeana ta (I) dir time. crenaymsait ol *4 tmnaf 01) 045 çh$sit.r. driendoin srIxan it any jarpacrsmsii nan orbeleaberataned cit U15 INIdI) • 5$9111104114% OWtSIIt*D Of BCfi*i* (411045* Tielhstona Or arms .1 Ills had Dr anyRand Cf weIrm. turd tior *"apart bri%4 Ipaol.dgon.orrs srt.@ Cf any vWa*4 CfUis5Ir41i0rQGYS. 1hIitCffS14a*0flI. 110"A1011141 I s4.nl*iat moSes 01*4 i4*rOCfr4n(dialsil or%,cs Cf addle tar ii hmnoa *.UY from aatoi on or lucid rdofskat elf .dn*4I.41d hiS SIU ScOrdaibi s; bte records pats of Poky. c My avemrnonta1 pofics power nit eVItsdmd by(m) doC'al amapito the isis dale erlIcs atom aaltde. *tsrioY orsa41cs of siWcc Ian or .rcurrr.nce res"no from sICfmIor or $4(spi4iã$4Ør affookkii Vmla am beer xtcrd'htbh 'ha public mOOfd! maUslaCfPluoy. .' tt.Cf artnmrtl do.rabi unlesa ncsolffism04sa*4mahisn,eisein *4pMc sadm stave ci P*y. but ma aidungfmmcossril any laWai 11$, raomxror pdr to Pet. of Po$ey Wildi erdd b*Cfndlnp an 111. I$4laCfapedtuer*4vg *kna$4adp 3. I3alsct. dens. mmmaanuneaa. adusril damns ordoir (a) gtiatid.idfIlid. aisZMnodOriOtieI%oby*4he,ridd$4,s,5 CO) not trJtown to flu Coarçeoy, nit 'scisid 1* di. pilCbriosrdsat Damof Potcy,bci lilowe to Uls Rom idd$4isM and rat dlido,*dbirilriU 1. dii Company by di. Paired Cf. maC p,lorlo 04. dma. di. I dcl be $rWiCitSU wtd.r*4pCfc to) mJi*i'h no 'oma or ddma to *4Msddainam (C) adsdSny orrsmtedatetseqsrCtoOam01P01cyor (a) msAm In Ion crdatrag. t*%td%musrlId cot hmbcin mmiriadiltoInmeiddafratlhadpdddalmfer*4ee*iIs orbSrcatfrandbyWlPoky. 4. Myc)*n. adusu of 045 Va lanlIaptotIt. inLaid Iii eIWO or .dspCfcy.byn011*4,tsdChOffIdull. be tcy, eta). Inmclisncy. or $4 ,4h!g Laicl,ttiil bibam.doae () Ii. V %uenamalnpd%. u*tht. riusme, (4'ars*bys p*ytn rma*frudlSgIg w1oaorfrWja$4 uetral.nor UI) Ill. wi.acSoncmslnplb. hide orkdoWhmauasdbywsp*yba*asmem. sstsat$4sruosØmlim*4pi..IalelCfCftsIrIoma)m(4om*4la)ktni Ift above (.1 to addi0kdilt.niiMCfVmaWiaor CfudteoadiUont (4rclnaubiapu,va ernsdour. 1701eV limi. MAY be biatpd to alford Cf is abes jcistem kant 000V it. EamØons P,nCoumapg, In * 5omd.rd Corra. PkyáOidckiduds ON le$oWn Geset Emp*4e. EXCEPTIONS FROM COVERAGE Tis clucy dift nit baium In8110e* or *4re sf4 setpsye.er. morwyaf k.aor..,.is.4 maid, atbebynoionsb 1.. Tint Oraulam51hI.wedl ma. me "NielImd .5*alhshuu ram_. p1.rra*4aU a J- ..04tmwermamriW*4rewddCft*OYorby*4Precor a. 2. MYI*CfI. lIofe.. bsmu*S.rd*comaio e..eot aa e 'slutw*4oer ez:Wan1...k4t $41 S*4dCfbvn mote WiqidlymIpermmki aoaaa.a ai*sre.I. d Eu.msram. Serum r*4wtasi. Dr *411.4 hlsaiet.ml*4, arm is *4on by Pt. plida 150515. - 4. OlsitIpuudsi. omisdi Pam ySee..%asa.QsU is.. mncmadilmm. ydoiiuideskid, man's .te.ysmid mandmahi ommasmem S. (QUAPMONIN11 ,41 rww%wam or amtmmn GriftAm 1.aiuue. 11.IMI% is.' d$4 rhSto*4lr røldiWatle. ftvwft.jmCmWAd~ (a). ) r4 aa. alIOSI by us pi.alicate.is. 417210.tn ORDER NO, 31332218 Southland Title 9665 Granite Ridge Dr. t300 San Diego, CA 92123 (858) 503-2000 April 30, 2002 SOUTHLAND TITLE ESCROW 5208 JACKSON DRIVE, #113 LA MESA, CA 91941 Attn: CAREN CASH Your No. DURKIN Our No.; 31332218 Our Preliminary Report of December 21, 2001 is supplemented as follows: Please be advised that the vesting has been changed to read as follows: DURKINIHOHEN - LOT 23, LLC The Lancers Supplemental Report has been changed to reflect the above-mentioned change, Req. No. 3: The Company will require that it be provided with the following with respect to the California limited liability company named below: A. A copy of its operating agreement and any amendments thereto; B. A copy of the current Statement of Information form (LLC-12) filed with the Secretary of State. Limited Liability Company: DURKIN/HOHEN - LOT 23, LLC ENCLOSURES: KEVIN MCCALLEY Title Officer Southland Title 9665 Granite Ridge Dr. #300 San Diego, CA 92123 PHONE: (858) 503-2000 ORDER NO.: 31332218 ATTENTION REF: Durkin Dated as of December 21 2001 at 8:00 AM. LENDERS SUPPLEMENTAL REPORT The above numbered report (including any supplement thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association form policy as follows: 1. None of the items shown in this report will cause the company to decline to attach CLTA Endorsement Form 100 to an ALTA loan policy, when issued. There is located on said land Known as: Vacant Land 2. The only conveyances affecting said land, which recorded within six (6) months of the date of this report, are as follows: Grantor: Michael J. Durkin and Sheryl K. Durkin, Trustees of the Durkin Family Trust dated June 10, 1999 Grantee: Durkin/Hoehn - Lot 23, LLC Recorded: April 24, 2002 as Instrument No. 2002-0347905 of Official Records Southland Title 9665 Granite Ridge Dr #300 San Diego, CA 92123 PHONE: (858) 552-0333 ESCROW NO.: LM3477CC ORDER NO.: 31332218 SOUTHLAND TITLE ESCROW 5208 JACKSON DRIVE, #113 LA MESA, CA 91941 ATTENTION: CAREN CASH DATED AS OF December 21, 2001 AT 7:30 A.M. "PRELIMINARY REPORT" IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, SOUTHLAND TITLE HEREBY REPORTS THAT 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 IN SCHEDULE B 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 OF SAID POLICY OR POLICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) 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. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS THAT ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: American Land Title Association Loan Policy SOUTHLAND TITLE KEVIN MCCALLEY, TITLE OFFICER Fax: (858) 550-2609 ORDER NO. 31332218 SCHEDULE A THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Michael J. Durkin and Sheryl K. Durkin, Trustees of the Durkin Family Trust dated June 10, 1999 THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED IN ATTACHED EXHIBIT "A": 2 ORDER NO. 31332218 EXHIBIT "A" Lot 23 of Carlsbad Tract No. 81-46 Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 11287, filed in the Office of the County Recorder of San Diego County, July 16, 1985. Assessors Parcel No. 212-091-03 3 ORDER NO. 31332218 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. Second installment property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2001 - 2002. Amount: $5,577.21 Penalty (including cost): $567.72, delinquent after 4-10-2002 Exemption: $None Code Area: 09104 Assessment No.: 212-091-03 B. An assessment (1915 Act) by the improvement district shown below. Assessment (or Bond) No. Series: District: For: Bond Issued: 212-91-3 85-2 Carlsbad College Blvd. December 10, 1986 Said assessment may be, and usually is, collected with the County/City general and special taxes. C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. D. Assessments, if any, for community facility districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. An easement for aerial and underground public utilities and purposes incidental thereto as granted to the San Diego Gas and Electric Company, by deed Recorded: April 15, 1954 in book 5205, page 416 Official Records Affects: Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land. 2. An agreement to which reference is hereby made for full particulars. Dated: October 29, 1980 By and Between: Palomar Business Park D.B.A. Airport Business Center - Carlsbad and ORDER NO. 31332218 The City of Carlsbad Regarding: public facilities fee Recorded: November 16, 1981 as Instrument No. 81-361926 Official Records 3. An agreement to which reference is hereby made for full particulars. Dated: May 14, 1984 By and Between: Palomar Business Park, a joint venture and The City of Carlsbad Regarding: Hold Harmless Agreement Recorded: June 7, 1984 as Instrument No. 84-214355 Official Records 4. A declaration of covenants, conditions and restrictions which, among other things, may contain or provide for: easements; liens and the subordination thereof; and restrictions on partition and severability of component interests. Recorded: September 12, 1986 as Instrument No. 86-401456 Official Records But omitting any covenant, condition and restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the covenants, condition or restriction (a) is exempt under title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. Note: Section 12956 of the Government Code provides the following: If this document contains any restrictions based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to subdivision (c) of Section 12956.1 of the Government Code. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Modification(s) of said covenants, conditions and restrictions Recorded: January 28, 1987 as Instrument No. 87-048040 Official Records 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Carlsbad Airport Centre, Owners Association, a California Nonprofit Mutual Benefit Corporation Purpose: -common area Recorded: October 31, 1986 as Instrument No. 86-497819 Official Records Affects: Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land. 6. An agreement to which reference is hereby made for full particulars. Dated: November 12, 1986 By and Between: San Diego Gas and Electric Company and Carlsbad Airport Centre, a 5 ORDER NO. 31332218 California Limited Partnership Regarding: right-of-way use Recorded: November 18, 1986 as Instrument No. 86-529968 Official Records 7. An easement for aerial and underground public utilities and purposes incidental thereto as granted to the San Diego Gas and Electric Company, by deed Recorded: June 12, 1987 as Instrument No. 87-328080 Official Records Affects: Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land. 8. An easement for aerial and underground public utilities and purposes incidental thereto as granted to the San Diego Gas and Electric Company, by deed Recorded: January 22, 1999 as Instrument No. 1999-0037431 Official Records Affects: Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land. 9. Any easements not disclosed by those public records which impart constructive notice and which are not visible and apparent from an inspection of the surface of said land. 10. Water rights, claims or title to water, whether or not shown by the public records. 11. The ALTA Loan policy to be issued after completion of improvements will include CLTA No. 100 endorsement, provided there then exists no violation of covenants, conditions or restrictions, and no encroachments of improvements onto easements or otherwise, but only insofar as such endorsements relate to matters shown in ("this report" or "our report dated June 13, 2001"). 12. Any claims for mechanics' liens on said land that may be recorded by reason of a work of improvement as disclosed by an inspection of said land. 13. Any invalidity or defect in the title of Vestees in the event such trust is invalid or fails to confer sufficient powers in the trustees or in the event there is lack of compliance with the terms and provisions of the trust instrument. 14. Any rights, interests or claims which may exist or arise by reason of the following matters disclosed by an inspection or survey: Drainage swale located at the rear of said property End of Schedule B See "Notes and Requirements" N. ORDER NO. 31332218 CALIFORNIA INSURANCE CODE 12413.1 REGULATES THE DISBURSEMENT OF ESCROW AND SUBESCROW FUNDS BY TITLE COMPANIES. THE "GOOD FUNDS LAW" REQUIRES THAT FUNDS BE DEPOSITED IN THE TITLE COMPANY ESCROW OR SUBESCROW ACCOUNTS AND AVAILABLE FOR WITHDRAWAL PRIOR TO DISBURSEMENT. FUNDS DEPOSITED BY: a) CASH AND ELECTRONIC TRANSFER (BANK WIRE) WILL BE AVAILABLE FOR SAME DAY DISBURSEMENT. b) CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS WILL BE AVAILABLE FOR NEXT DAY DISBURSEMENT c) ALL OTHER TYPES OF CHECKS WILL NOT BE AVAILABLE FOR DISBURSEMENT UNTIL THE DAY PROVIDED IN REGULATIONS ADOPTED BY THE FEDERAL RESERVE BOARD OF GOVERNORS. d) DRAFTS WILL NOT BE AVAILABLE FOR DISBURSEMENT UNTIL THE DRAFT HAS BEEN SUBMITTED FOR COLLECTION AND PAYMENT RECEIVED BY OUR BANK. ALL ESCROW AND SUBESCROW FUNDS RECEIVED BY THE COMPANY WILL BE DEPOSITED IN THE ESCROW OR SUBESCROW ACCOUNTS OF THE COMPANY IN A STATE OR NATIONAL BANK. THE COMPANY MAY RECEIVE BENEFITS FROM SUCH BANKS BASED UPON THE BENEFITS OF SUCH ACCOUNTS. SUCH BENEFITS WILL BE RETAINED BY THE COMPANY AS PART OF ITS COMPENSATION FOR ACTING AS ESCROW OR SUBESCROW AGENT AND HANDLING SUCH FUNDS. PLEASE NOTE: SHOULD SOUTHLAND TITLE BE REQUESTED TO DISBURSE FUNDS BY ELECTRONIC TRANSFER (WIRED FUNDS), WE WILL REQUIRE THAT FUNDS BE DEPOSITED INTO OUR ACCOUNT BY ELECTRONIC TRANSFER. OUR WIRE TRANSFER INFORMATION IS AS FOLLOWS: Union Bank of California Title Industry Group #910 350 California St. San Francisco, CA 94104 CREDIT: ACCOUNT NO.: ROUTING NO.: SOUTHLAND TITLE 9100449304 122000496 FOR THE ACCOUNT OF: SOUTHLAND TITLE - LOAN PAYOFF DEPT. TO INSURE PROPER CREDIT, THE WIRE MUST CONTAIN: I. OUR TITLE ORDER NUMBER AND 2. OUR TITLE OFFICER'S NAME FAILURE TO DO SO, MAY CAUSE DELAYS IN THE CLOSING OF A TRANSACTION AND/OR MISPLACED OR LOST FUNDS. SOUTHLAND TITLE DOES NOT ACCEPT LIABILITY FOR SUCH DELAYS IN CLOSING, MISPLACED AND/OR LOST FUNDS, OR DAMAGES (IE. INTEREST, PENALTIES) SUFFERED BY REASON OF ONE'S FAILURE TO COMPLY WITH THE IDENTIFICATION/CREDIT PROCEDURE SET FORTH ABOVE. ALL UNIDENTIFIED/UNCLAIMED WIRES WILL BE RETURNED AFTER FORTY-EIGHT (48) HOURS. SHOULD YOU HAVE ANY QUESTIONS REGARDING THE DEPOSIT OR DISBURSEMENT OF FUNDS, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. 7 ORDER NO. 31332218 REQUIREMENTS Req. No. 1: The Company will require that it be provided with either (I) a complete copy of the trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (ii) a Certification, pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter named trust, a form of which is attached. Reference: Michael J. Durkin and Sheryl K. Durkin, Trustees of the Durkin Family Trust dated June 10, 1999 Req. No. 2 : The Company will require a statement of information from the parties named below 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. Parties: Durkin, Michael J. and Sheryl K. (Note: The statement of information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed statement of information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the statement of information is essential and will be kept strictly confidential to this file.) EI ORDER NO. 31332218 NOTES Note No. 1: If the title company is required to pay the real property taxes for any tax parcels included in the transaction, sufficient funds will be withheld from the escrow to pay the taxes unless one or more of the following applies: A: The taxes show as "Paid" on the tax collectors rolls as reported to the title company. B: The owner/seller of the property can provide escrow with sufficient proof that the taxes have been paid. Proof of the payment must be by photocopy (front and back) of the paid check to the tax collector. If paid by the lender, a written statement by lender that the taxes have been paid will suffice. Note No. 2: The charge for a policy of title insurance, when issued through this title order, will be based on the short-term rate. Southland Title 9665 Granite Ridge Dr. #300 San Diego, CA 92123 PHONE: (858) 552-0333 ORDER NO.: 31332218 ATTENTION: REF: Durkin Dated as of December 21, 2001 at 8:00 A.M. LENDER'S SUPPLEMENTAL REPORT The above numbered report (including any supplement thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association form policy as follows: 1. None of the items shown in this report will cause the company to decline to attach CLTA Endorsement Form 100 to an ALTA Loan policy, when issued. There is located on said land Known as: Vacant Land 2. The only conveyances affecting said land, which recorded within six (6) months of the date of this report, are as follows: Grantor: Callaway Golf Company Grantee: Michael J. Durkin and Sheryl K. Durkin, Trustees of the Durkin - Family Trust dated June 10, 1999 Recorded: June 14, 2001 as Instrument No. 2001-0399146 Official Records 212-09 I- SHT.10F3 - e roo rfl C 10 c4/3C/1ft KJA 0 Irl IC ORA=ES IN _ INFWRl C 3.13 AC . CAMINO VIDA SHT.2 ,,.,, NN.BLE 19 p SHI2 1.44 AC 18 23 4\ '1 L5OAC k 473 AC .' 30 9 0 sIU JIJ ' t 20 - i -- 1 crw .,, 446AC ji,B 's_-i %3 1#3 AC * 3L 'a Sir v2t't 5.0 42 £A2- -' 0 21 * Z57 AC 22 'S 3IAC * 4.73AC 4. 15 PLP c OPEN SPACE ___ 437 333AC. 3f.51 too.4 N ,, l'41 6 -I ® UI '( 4 9 af 11.74 AC 0r foil -$2dr z ® I 12 4 a 3. 83 5.19 AC J 13 ul áW In SHT.2 213 ED PALO ' ACCES3 SHT I AIRPORT -. 87—CARLSBAD TCI NO. 81-46 (UNIT NO. 1) A5 Rfl)5ES MN 04100 C04jNIT W WAS MUM fOQ 0 lIE *Cw%cr CF TIE DATA 9C PNtEt] MAP 112 AUfl30I NØ MIT ttWT 'WITH At aw C IL0K3 C$lC*Z& ROS 466 000N ZI2.J*GtO SN?. ' 44 09 25 N 2.71 AC 24 M () EXHIBIT 1 (REV. 6/2/98) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE THE FOLLOWING ? TTEPS ARE ERESSL ECLUDED FROM THE COVERAGE DO THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COSTS ATTORNEYS FEES OR EXPENSES WHICH AR.SE Wy REASON OF- 1 A ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION IINCLUDING BUT NOT LIMITED TO BUILDING OR ZONING LAWS, ORDINANCES. OR REGULATIONS) RESTRICTING REGULATING, PROHIBITING OR PELATNG TO (II THE OCCUFANC, USE. OR ENJOYMENT OF THE LAND 121 THE CHARACTER, DIMENSIONS OR LOCATOr. OF ANY IMPROVEMENT NOW OR HEREATER ERECTED ON THE LAND, 131 A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART, OR 4) EN IPONMENTAL PROTECTION OR THE EFFECT OF ANY VIOLATION OF THESE LAWS, CRC NANCES CR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE OF THE ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT LIEN. OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLy 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 OF POLICY 2 RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE A',t TAKING .HCH HAS OCCURRED PRIOR TO DATE OF POLICY WH ICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE 3 DEFECTS LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS A WHETHER OR NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT; B NOT KNOWN TO THE COMPANY, rIOT RECORDED N THE PUBLIC RECORDS AT DATE OF POLICY. BUT KNOWN TO THE INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY, C RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT D ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY OR E RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR THE INSURED MORTGAGE OR FOR THE ESTATE OR INTEREST INSURED BY THIS POLICY 3 UNENOPCEABILIT'Y OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF THE INABILITY OR AILURE OF THE INSURED AT DATE OF POLICY OR THE INABILITY OR FAILURE OF ANY SUBSEQUENT OWNER OF THE INDEBTEDNESS TO COMPLY 'WITH THE APPLICABLE DOING BUSINESS LAWS Or THE STATE IN WHICH THE LAND IS SITUATED 5 INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE OR CLAIM THEREOF WHICH ARISES OUT OF THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON USURY OR ANY CONSUMER CREDIT PROTECTION OR TRUTH-IN-LENDING LAW 6 ANY CLAIM WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED THE ESTATE OR INTEREST INSURED BY THIS POLICY OR THE TRANSACTION CREATING THE INTEREST OR THE INSURED LENDER BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY STATE INSOLVENCY OR SIMILAR CREDITORS RIGHTS LAWS, EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I THIS POLICY DOES NET INSJRE AGAINST LOSS OR DAMAGE AND THE COMPANY WILL NOT PAY COSTS ATTORNEYS FEES DR EXPENSES) WHICH ARISE BY REASON OF I TAXES OF ASSESSMENTS WHICH ARE NOT SI-lOWN AS EYISTNG LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAKES OR ASSESSMENTS ON PEAL PROPERTY OR BY THE PUBLIC RECORDS PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS OR NOTICES OF SUCH PROCEEDINGS WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECOFDS 2 ANY FACTS RIGHTS 'NTEREST CR CLAIMS 'WHICH ALE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND WHICH MAY BE ASSERTED BY PERSONS IN POSSESSION THEREOF 3 EASEMENTS LENS OR ENCUMBRANCES CR CLAMS THEREOF WH'CH ARE NOT SHOWN BY THE PUBLIC RECORDS 4 DISOPEPANCES, CONFLICTS IN BOUNDARY UNES SHORTAGE N AREA, ENCROACHMENTS OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE. AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS 5 (Ai UNPATENTED 1,IN,i,G CLAMS El RESERVATIONS OR EYCEPTICAS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF, (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER WHETHER OR NOT THE MATTERS EXCEPTED UNDER IAI, 151 OR (C) ARE SHOWN BY THE PUBLIC RECORDS, CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNERS POLICY OF TITLE INSURANCE (6/2/98) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (10/17198) EXCLUSIONS IN ADDITION TO THE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INSURED AGAINST LOSS, COSTS, ATTORNEY'S FEES, AND EXPENSES RESULTING FROM: 1 GOVERNMENTAL POLICE PD NER AND THEE STENCE OR VIOLATION OF ANY LAW OR GOVERNMENT REGULATION. THIS INCLUDES ORDINANCES, LAWS AND REGULATIONS CONCERNING A BUILDING B ZONING C LAND USE 0 IMPROVEMENTS ON THE LAND B LAND DIVISION F ENVIRONMENTAL PROTECT-ON THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OR THE ENFORCEMENT OF THESE MATTERS IF NOTICE OF THE VIOLATION OR ENFORCEMENT APPEARS IN THE PUBLIC RECORDS AT THE POLICY DATE THIS EXCLUSION DOES NOT LIMIT THE COVERAGE DESCRIBED IN COVERED RISK 14, 15, 16, 17 OR 24. THE FAILURE OF YOUR EXISTING STRUCTURES OR ANY PART OF THEM TO BE CONSTRUCTED IN ACCORDANCE WITH APPLICABLE BUILDING CODES THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OF BUILDING CODES IF NOTICE OF THE VIOLATION APPEARS IN THE PUBLIC RECORDS AT THE POLICY DATE 3 THE FIGHT TO TAKE THE LAND BY CONDEMNING IT UNLESS A. A NOTICE OF EXERCISING THE RIGHT APPEARS IN THE PUBLIC RECORDS AT THE POLICY DATE, OR B THE TAKING HAPPENED BEFORE THE POLICY DATE AND IS BINDING ON YOU IF YOU BOUGHT THE LAND WITHOUT KNOWING OF THE TAXING. 4 RISKS A, THAT ARE CREATED, ALLOWED, OR AGREED TO BY YOU, WHETHER OR NOT THEY APPEAR IN THE PUBLIC RECORDS; B THAT ARE KNOWN TO YOU AT THE POLICY DATE BUT NOT TO US, UNLESS THEY APPEAR 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 7,8D, 22 23,24 OR 25. FAILURE TO PAY VALUE FOR YOUR TITLE. LACK OF A RIGHT A TO ANY LAND OUTSIDE THE AREA SPECIFICALLY DESCRIBED AND REFERRED TO IN PARAGRAPH 3 OF SCHEDULE A, AND B IN STREETS ALLEYS OR WATERWAYS THAT TOUCH THE LAND THIS EXCLUSION DOES NOT LIMIT THE COVERAGE DESCRIBED IN COVERED RISK 11 OR 18 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (611187) 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 DR 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 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 IF YOU BOUGHT THE LAND WITHOUT KNOWING OF THE TAKING Form 2210-11 1100"98l 44(4-1414.4 THAT Al-Il I Ht Ail 11 Vf 414444(4,444 F 11 ,11, THAT ARE r 14/N I' I I'll_I H11 r,li II 1()115 (44 1 III I'4(f,(IA(4 - - Ililh IHE, 14444 A111 11)14 TIll 4IIIILII 949411414'-, THAT RECIIT I II! I I 4 i IF 4 FAILURE TI) PAY '/AI UI- I-I 'H /'ll IN lilt S LACK OFARIGHT TO ANY LANE) OUTlET tHE 14-1[A 54-1011 CALL I DESCRIELD AND HEFEPHED 1014 ITEI.13 (41- SCHEDULE A OR IN STHFE 1'; 141(4-Cl IH C/All Il',1A,'-. 141141 I'll)) H '141)41414141 THIS E'4'I74I(CI'C'!1'IL'1.(1 I[,-.ITT 1147 7'1 I- ,4P'.'lII,L,4 1141194.! -.1_F 41445644-il lIll I_IIIC4'_. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10/17/92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10117192) EXCLUSIONS FROM COVERAGE THE EOH,WINI, MA11144' 14444 4 'PHI '( i I PP4I4 H I Ill 44-4Ill '.4 4(.'pI,( HI 1447 41(4,414('441 I PIllAr,, ,,((( '4414414 IHHHIP4FTIAMAP14E COSTS ATTORNEYSFEESOR E 'PENSI-'i I.Ijklil H 7.611(4 P, 0 7. "II 14 . ''4.', ,l I' ''' ('.114 '.171 4.' 'II 1 4' . ,I','lll'l'.' ('II l',III1I4-1414 I 4 ,I 4,1411 I'., "'.14 ,'' '.4',4, 1'\14'/5. (464[1144 4 41 1 S PH HEl_,IILATIIP14F'.( III .14414 II'., HI .,IIp All',', 4444 441144411',l, Ill''',', H p (444 I I (4714,4 • 44,! 44441 'il'l,I,IL'.I I 44 lilt I141411 4144 THE HAHACFLI4 L14IMF 14IOi!S 1,464 H 14147' N- H, '.1 ,', HI l(f '0 1, 1 , IlI H . (44' I lo 4144 4',H 14 TIH'­%' '.*,'.4H',H ­IIl4 A H1",,4- II) 1H4 L)IM P4'PNSIHfI AREAf Tilt I I. lH II 14 11 HI '4 .4 '—'l',',".''''il, (P 4'1 ',.141,",M4'i.'., P4 It 1114 ,44444 44-4-4 1(4 '41VI4IL,"l lIDS 1144-SE LA14'/S '.4 41 ,1_lI '.1 '1 414 '.44(141:''. . I'.',III'II' I 144'' I 7' ',' 4 D 4 1 14 (444 4,4.44 41,114.1 1444134 I 4 I IH A 17.1(41— If 14 P1_hE 1 LE-41 IFA 1141 111,14446',' '1 —.H411',', 461,14 .IIH', '14 "1(4-4,114 ',14,4'.-',4144 PI'.l, 14(4 1'Nl' 44":. f44 IN 1414 4)449 [I IN THE I'l,IPLII' HEl , IRUS AT ()AT[ 01 I 'I . H 4 4 ,'.I...IlI 1'" .14 '.1 1441H 6', . '1 1414- I .444' "4 14(4134 I IF 444 '4 4.1 1TI('E I IF 14 II',', HI I 7,4 44,4 1344 944 I I'M 4(4 4') 14-41 4(15144 HI ('(41414', 61 ''1444 , I I '4111' 4 ,4 I 144,44(4 .141 I lATE 4,4 1'l 4( 1,111 IT 4.4_Il 1 '4 I 111 41144,464441,1 '.4 '' ....7' ,11..4.'l.,'44.4' I I ........,', I4I1 14, , 1444 4 '.444 I IF 7. 1(414. H"'—,Fll 14 oR ','"4LI4 4',ITHI_IIIT 6.4.44 .4 III I El P1 I II 4,'—, 4 '.4 14114-44 6',' ( ,,1 1l 14 44 .4 4 7.11_I I 'P P (444 (1 4.4 '11(4 (I 444— 7,4 I'Il' 4 I 4 1 I ' ''14 4 •,44 'H 1' 4.4 P I 4'4I I ' 1'. .4 '4 P 4 •11,1 6', 444. ',' 1 f• , ' 44 I ' 4 ,4 , I 1 ,'. 4 4444_Ill 14,4(I: 141 H' 41 1 ­1 1-141 4',' ''14', H_' 1444 I',SLIHEIP ,_LlMA'.T 144,4 1444T DIS(L('SETI IN ,','PlITI',, • 7.',,' l'.''4N. 4 1 1141 I', 44P), 41414,', I 14 '4 •l'H 1444 1 4 1414 1p14 ', -114-414 1 •'l'A 7''.' 1414, 14411 6', IN .1 444E'C' I_I'.PFR 14-4(7, F'C ,L14' 14 4 6.4 ':4_iL II'.' • ,', 14' 'I _14 'Ill "11,17.744 11 I (141 I',144_P4(1 P_I I 1714 71I S PP:'., 14 IP"'''lp'Y ',I'141 1 ,'I 141f 4 ''HL,',,P' SIT H' T41 F, I .74',( 1(441 1114-,4H11. • I'."IJHfC THE 1314(1441441, ('F THE LIEN'T4F THE INSURED Ml ,RT4,A4 IT 714/4 H "II), 1-' 11414)111414, 1(4 N E 7.EHVI4 I 14 1 144-4_PH 0 MATERIAL (PH 10 IHL F '114-NI 1551.11441401 IS AFFORDED HEREIN AS TO ASSESSMENTS FOR 1ITRFET t1,1P44'14'.41.1I',T'- II'DIfP '45114114 P I4NI441P4'1.'FP 4747447 PP'lIF '44 I'IlI 44 4 4.44 4-) HF SUI TIT.,_, 144 444,14 (144 7'7 1.lAP14E '/1411TH ','JP ItIt P141411 HAVE 14-4-N 54)14 PAINED IF 1441 (14144(144- [P1_I SMAII TI 141' PAID /Al UE FOR THE INSURED MORTGAGE 4 PII4ENF"R4 I aBitt, 41 4p1, T'IE Pp PN'PI 1444- 11(1-P 4(4-1) I, ;,*v_.E 13141 '4l4 .1 I_IF T441 P44EI4I 1, I'I 4-14111)141 C'1 1444- 144-.714-44-[P AT CArE CF POLlCr .7414 THE NARILIrI OFF FAILURE (4114'., SIIF,SEUI 4F'.l , ",','',P 4P14 1H4 i,[FP.14)D7,EA, P(4f7'I.lP'L, ''.1114 f'PLC4-LE CHI'.4,E,4_P7.P'14- .L',',')4 Ii- THE 1414TF- INL','HICHTHE LAND ISS(TI4ATFD C 4'.V'4LIDIT , 41411 LINE 1444 14' 6 144-1141, (IF 44-41 144'. 4 'f 1644 I'.SI,1414 (P i.'lI'pllI,l',E I'4 -4 IL lM THESEI'P- '.','HI CH 1444(144-4 1 1 IT ('F THE TRANSA4:T)c4N EVIDENCED EY THE INSLIREE'. M14HTC,,'4L,I, AND 4 6 E'A'ELII4II?L 1(141114, ('14 14',,I4_4144 PUSH (14114.114 H(414-CTiIH'iCfP TE4IPIH Ii.I4-4LPJII.4_.P 7414'/ ST"ITP PIP IRI, 144-1. 14)44 "[14,11 E'I. LEI)P4 PP4-4 1,IAT[r4IALS 4414 THE 'p AIM 144' 4- 4-IIORIT •' 14[ N, 14T7TLIT4 III, LIEN 64 414 SERVICES LABOR OR MATERIALS OVER THE LIEN 04- THE I'414,PJHELI 1,4 '441 4 ,44.14 7(14-.INI • I PC1M "44. (44 64' 1'.IIMEIII 4444 (''('644 14111414-C To THE 1NLP WHICH iS fp'r,TH3 TED FOR AND COMMENCED SUBSEQUENT TO DATE OF F'CILIC , 3174) IS ',41 4-IN14',( 4-f , 1, C/H''! F 41464 IN 1314144 43, 1-11' 4 FEES I44_ THE IN0EEITE(TI4ESS SlOP PREP 13, THE INSPIRED MORTGAGE WHICH AT DATE OF POLICY THE INSURED HAS ADVAILII 114414414 'JIELIL,ATED 0 • AC4VAI.4 F A'),' CLAIM 0)1411TH 1414154-5 OUT OF THE TRAILSACTIP 114 CR4- 411141,, THE INTEREST ('F THE Mp:'Al(,AsEE (1457484 [P Fl,' THIS POLICY BY REASON OF THE OPERATION OF 4-4-4)11441 F'44'4 84P1'I( , 14T 14 1F I',60L'4', I64 311,114 .4(4 (144- L_IITI_4-p5 4414744-ITS 7 A'.'.'3 THAT ('4,1337.4- fI41, Ill THE THA?.3 14 TI'-N(HEATli4I,, THE uTERI-SI 4,4 THE 11451444-L' 4,I74FIT4,,31 .EE 13111.1,, [lI-MEL) 44-H41 1141 474-lIT L CPNVE rA'ILE OR FRAIJ[)IJLENT TRANSFER OR 24 1H SLJSL4NL4INATP, II) 174- THE IILTEHI-AT 4- 1444- IN6IIRE [P M4IRTC,AC,EE 144, \ 64(151ST ':F THE APPLICATION CII THE DJCTRINE OF EQUITABLE SUBORDINATION OR PIP THI TRANsA( T1,1%4 RE-ATINI, THE INTERI "7 ('4- THE ('4141 1644-I ','CPRTl ,4 ,FU -'4-I'lL C'FIM4-D 14 F'HEFEIIF'ITIAI, TF4A43FER ['CEPT WHERE THE PREFERENTIAL 1144N14F444141'HILIT FE-'l'.l 744[I$IILPIHE 'II 104 141.1l L r 6414 4 'PT' THE 11,'-.TPIP MI NT I'1 1447.1(1,11 14 ''64 lI) I'I (-'P4' 44144-I I I44IjAII' '', 14111,11 "III Null' I TI_IA ['741401443€ H 141464 '1417)1 441 A JIJ[411,MEIIT 4 IH III N CREDITOR AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10/17/92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10117/92) EXCLUSIONS FROM COVERAGE THE FOLLOWING MAITEHS 4141 1 'IHESSI 1 4- I LULl [I FRI-Il.! THE 7 (PV4-RAIE- 1,11' THIS POLICY AND THE COMPANY ('/41 L NOT PAY LOSS OR DAMAGE COSTS ATTORNEYS' FEES OR EXPENSES WHICH ARISE By REASON (IF (A) ANY LAW ORDINANCE OR GOVERNMENTAL REGULATION INCLUDING BUT NOT LIMITED TO BUILDING AND ZONING LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING REGULATING PROHIBITING OR RELATING TO (I) THE OCCUPANCY USE OR ENJOYMENT OF THE LAND, (2) THE CHARACTER. DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND 131 A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART OR (4) ENVIRONMENTAL PROTECTION, OR THE EFFECT OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS E'CI-FIT 10 THE ETENT THAI A NOTILE OF THE ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION Al-I-tIllING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF FOLIC', (R) ANY GOVERNMENTAL POLICE POWER NOT EXClUDED BY (A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE EXERCISE THEREOF OR A NOTICE OF A DEFECT LIEN OH ETICUMEHANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS SEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY 2 RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE 3 DEFECTS, LIENS. ENCUMBRANCES ADVERSE CLAIMS OR OTHER MATTERS CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT. (S) NOT KNOWN TO THE COMPANY. NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY, (C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT. (D) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY. OR (E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR THE ESTATE OR INTEREST INSURED BY THIS POLICY 4 ANY CLAIM. WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED THE ESTATE OR INTEREST INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY. OR SIMILAR CREDITORS' RIGHTS LAWS. THAT IS BASED ON (1) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER, OR (2) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE (A) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER. OR (B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. B 2210-11 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: MICHAEL DURKIN Description Amount CUP02005 2,950.00 CI3F Receipt Number: R0025497 Transaction Date: 02/12/2002 Pay Type Method Description Amount Payment Credit Crd VISA 2,950.00 Transaction Amount: 2,950.00 • •• ty 0 DISCLOSURE STATEMENT 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 proiect cannot be reviewed until this information is completed. Please print. Note: Person is defmed as 'Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation. estate, mist receiver, syndicate. in this and any other county. city and coumv, cm 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. 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, title, addresses of all individuals owning more than 100/0 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 Title -' j-— Title___________________________ AddreJko 0 L-?&-1) u-A- Address______________________ )'S 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, title, 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 tubliclv- owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person _ti ttJ% Corp/Part Title '- -'-- Title Address hCO 'Lf ') Address 1635 Faraday Avenue. Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 is 3. NON-PT OSNIZAT1ON OR TRUST • • If any person identified pursuant to (I) or (2) above is a nonprofit or ganization o a TT-u:. 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 Address 4. Have you had more than S250 worth of business transacted with any member of City staff. Boards, Commissions. Committees and/or Council within the past twelve (- 12) months? Yes No If yes, please mdicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date 41 ature iof app i n dai e 4 1r7_ i4Lk) 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 H.ADMINkCOuN1tR\OISCLOSURE STATEMENT 5/98 Page 2 of 2 . . PROJECT DESCRIPT1ONIEXPLANAON PROJECT NAME: - APPLICANT NAME: 1\(Cku 244 Please describe fully the proposed project. include any details necessary to aaeouarev explain the scope and/or operation of the proposed project. You may aiso in:uce any background information and supporting statements regarding tne reasons for. or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. -zq' cc-rc Qç;:. ,t LA4XZAelaP i?x1 Lcf1Lt-( c-1D iq-itG '4k flj UE '/iDç-( fS . 7A ct-r p -?cTw fl4 ¶,4ç(2 U& S & rt,4)g4;Q -r FO t& 7T _T*NF, L.c Utz Lt &T A &qsçc M cr+w-r ,74ç s4€i *r A MLE Ci. - mi Pssc.m :7t "i. *, - •• t i tv -of C 1 Planning Department' HAZARDOUS WASTE AND SUBSTANCES STATEMENT 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 Wastes 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. fl 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: Oo Name:--4 Address LAJgL Address:4O0 LMoUA ' Gc 44'z'v- d1ZtZZ 9PO Ot6o, CA. 9 Zt22-.4 Phone NumbeS' 53~ Phone Number:Ce&) Address of of Site: Loi' 22' i C Local Agency (City and County):O—tT( OF cg-k.ABo 1 SV-( O D t€GC) Assessor's book, page, and parcel number: Zra. cci I. - Specify list(s): WTj t&C Df3T4\ -T ,,S1fsTE C Qftt? lT Regulatory Identification Number:C4Uf'i 5 Date of List: Applicant Signature/Date Property AdrninCowiter'Hazwaste 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 STATE OF CALIFORNIA HAZARDOUS WASTE AND SUBSTANCES SITES LIST CITY LIST DISC PGM: CALEPA5 04/18/98 FACILITY INVENTORY DATA BASE PAGE 37 HAZARDOUS WASTE AND SUBSTANCES SITES LIST SORT BY CITY. ST NAME, ST NOR STREET NOR STREET NAME CITY ZIP FACILITY NAME CO REQ BY - REQ ID 5600 AVENIDA ENCINAS CARLSBAD 920080000 UNISYS CARLSBAD 37 WBC&D 9 000084N94 1044 CARLSBAD VILLAGE CARLSBAD 92008 CHEVRON SERVICE STATION 37 LTNKA 9U11000 1044 CARLSBAD VILLAGE CARLSBAD 92008 CARLSBAD CHEVRON 37 LTNKA 9U12801 971 CARLSBAD VILLAGE CARLSBAD 93164 ITT CONTINENTAL BAKING C 37 LTNKA 9UT2611 920 CARLSBAD VILLAGE CARLSBAD 92008 GASCD SERVICE STATION 37 LTNKA 9U12724 2100 COSTA DEL MAR CARLSBAD 92009 LA COSTA HOTEL ASPA 37 1INKA 9UT242 2800 EL CAMIND REAL CARLSBAD 92008 CHEVRON SERVICE STATION H 37 LTNKA 9U1685 2545 EL CAMINO REAL CARLSBAD FIRESTONE 37 LTNKA 9UTI8I3 2545 EL CAMINO REAL CARLSBAD J.CPENNYS AUTO CENTER 37 LTNKA 9UTI17 2590 EL CAMINO REAL CARLSBAD 92008 SHELL OIL SERVICE STATION 37 LINKA 9U12241 7654 EL CAMINO REAL CARLSBAD 92008 WAITS ARCO SERVICE SIATIO 37 LTNKA 9UT 1503 3701 HAYMAR CARLSBAD 920080000 SOUTH COAST MATERIALS 37 LTNKA 9UT3452 405 OAK CARLSBAD 92008 PUBLIC WORKS YARD 31 LINKA BUT 1950 2160 PALOMAR AIRPORT CARLSBAD 920080000 PALOMAR AIRPORT 37 LINKA 9UT2041 2210 PALOMAR AIRPORT CARLSBAD 92008 MCCLELlAN-PALOMAR AIRPORT 31 LTNKA 9UT2221 2210 PALOMAR AIRPORT CARLSBAD 92008 FLIGHT INTERNATIONAL 37 ITNKA 9U184 850 PALOMAR AIRPORT CARLSBAD 92008 PEASOUP ANDERSON/UNION 5/ 31 LINKA 9UT394 850 PALOMAR AIRPORT CARLSBAD 92008 CARLSBAD PROPERTIES, LTD 37 LINKA RUT 1953 899 PALOMAR AIRPORT CARLSBAD MOBIL OIL STATION 31 LTNKA 9U1 1498 5335 PASEO DEL NORTE CARLSBAD 92008 WESEIOH CHEVROLET 37 LTNKA RUT 1183 8434 PASED DEL NORTE CARLSBAD 920080000 NORTH COUNTY LINCOLN MERC 37 LINKA 9UT3254 801 PINE CARLSBAD 92008 CARLSBAD UNIFIED SCHOOL 37 LINKA 9UT1080 2915 STATE CARLSBAD 920080000 PAUL'S AUTOMOTIVE 37 LINKA 9UT3043 2719 STATE CARLSBAD 92008 NORTH COUNTY TRANSIT 31 LTNKA 9UT305 fl . 11 April, 1998 APPENDIX Ill-A •• 1998 CALIFORNIA FIRE CODE •. TABLE A411-A-1--MINIMUM REQUIRED FIRE FLOW AND FLOW DURATION FOR BUILDINGS FIRE AREA tzmem ISSI) FIRM OK 8.9M for at? 1"INVIO: -. lypel-f.R. 1,KlIOas4IR. I UI OM-HR.1 TypIV4CT 1 Tpell-k s3785for 111911 1ye V411 tjmm. I pjjr 0-22700 0-12.700 0-8.200 0-5.900 0-3.t00 1.50.' 22.701-30,200 12.701-17,000 8.201-10.900 5.901-7.900 3.601-4.800 1,750 30.201-38.700 17.001-21.800 10,901-12.900 7.901-9.800 4801-€.200 1000 38.701-48300 21.801-24,200 12.901-17.400 9.801-12.600 6.201-7.700 2.250 48301-59,000 24,201-33.200 17.401-21,300 12.601-15.400 7.701-9.400 2.500 59.001-70,900 33,201-39,700 21.301-25,500 15.401-18.400 9.401-11300 1 2.750 70,901-83,700 39.701-47.100 25301-30.100 18.401-21.800 11301-13.400 3.000 83,701-97,700 47.101-54.900 30.101-35.200 21.801-25.900 13.401-15.600 3.250 97,701-112.700 54.901-63.400 35,201-40.600 25901-29300 15601-18.000 3.500 112.701-128.700 63.401-72.400 40.601-46.400 29,301-33.500 18,001-20.600 3.750 128701-145,900 72.401-82.100 46.401-52300 33501-37.900 20.601-23.300 4.000 145.901-164.200 82,101-92.400 52301-59.100 37.901-41700 23.301-26.300 4.250 164.201-183.400 92.401-103.100 59.101-66.000 41701-47.700 26301-29.300 1 4.500 183.401-203,700 103.101-114.600 66.001-73.300 47.701-53.000 29301-32.600 4.750 203,701-225.200 114.601-126.700 73.301-81,100 53.001-58.600 32,601-36.000 1 5.000 225,201-247.700 126,701-139.400 81,101-89.200 58.601-65.400 36.001-39.600 5250 247.701-271,200 139.401-152.600 89.201-97,700 65.401-70.600 39.601-43,400 5300 271,201-295.900 152,601-166300 97.701-106300 70.601-77,000 43.401-47.400 5,750 295,901-Greaser 166,501-Greaser 106.501-115.8W 77,001-83,700 47.401-51.500 6.000 4 115.901-125300 83,701-90.600 51,501-55.700 6.250 125301-135,500 90.601-97.900 55.701-60.200 6300 135,501-145,800 97,901-106,800 60,201-64,800 6.750 145,801-156,700 106,801-113,200 64,801-69.680 7,000 156.701-167.900 113,201-121.300 69601-74.600 7.250 167,901-179,400 121,301-129,600 74,601-79.800 7,500 179,401-191,400 129,601-138.300 79,801-85.100 7,750 191,401-Greater 138,301-Greater 85,101-Greater 8.000 'Types of construction are based upon the Building Code. 2MCWumd at 20 psi (137.9 kPa). Sec Appendix 111-A, Section 2. EXCEPTION: City of Carlsbad Fire Department offers a 5001(') reduction in required fire flow when a building is provided with an approved automatic sprinkler system. 1-302 . . '.5-'Sempra Energy S335 Centur) Park Court, CPI ID San Diego. CA 92123-1569 February 8, 2002 Michael J. Durkin & Sheryl K. Durkin Durkin Development Company 4660 La Jolla Village Drive, Suite 1080 San Diego, CA 92122 CONSENT AGREEMENT Dear Mr. & Mrs. Durkin: San Diego Gas & Electric Company (SDG&E) hereby consents to your use in common with SDG&E of an area shown on the drawing marked Exhibit "A" attached hereto and by reference made a part hereof Said area is within SDG&E's easement recorded April 15, 1954 as Book 5205, Page 416 of Official Records (SDG&E R/W 31564), filed in the Office of the County Recorder of San Diego County, California and lies within a property being more particularly described as follows: Lot 23 of Carlsbad Tract No. 81-46, Map No. 11287 in the County of San Diego, State of California (A.P.N. 212-091-03). This consent is limited to the installation, maintenance, and use of a New Vehicle Storage Lot. This consent is given subject to the following standard terms and conditions: You agree that no structure, or use, other than those specifically described above and shown on Exhibit "A" \iIl be constructed on the right-of-way. 2. All grading and improvements shall adhere to standards set forth in SDG&E's Guide for Encroachments on Transmission Rights-of-way". 3. You agree not to contest SDG&Es title to the right-of-way or the priority of SDG&E's title. Drhu Ca, Lot doc . . 4. You acknowledge SDG&E's right to utilize the right-of-way pursuant to the California Public Utilities Commission's General Order 69C, as amended, or such other General Order which gives SDG&E the right to revoke this consent in whole or in part whenever in the interest of its service to its patrons or consumers it shall appear necessary or desirable to do so. 5. You agree to assume all risks of loss, damage, and injury to persons and property arising from your use of the right-of-way. You also agree to indemnify, defend, and hold SDG&E harmless from any liability arising from your use of the right- of-way. 6. You agree to give SDG&E at least 48 hours notice before working within or near the right-of-way by calling the undersigned. 7. You agree to comply with all appropriate statutes, ordinances, codes, and regulations or public bodies having jurisdiction over the subject matter of this consent. S. All trees planted within SDG&E's right-of-way shall be no taller than 15 feet at maturity. No trees shall he planted within 10 feet of any SDG&E power pole. 9. Vehicle access shall be provided to SDG&E facilities at all times (24 hours a day). Any improvements driven upon, shall be designed to handle 1-120 traffic loading. Should additional information on this matter be requested, please feel free to call me at (858) 654-1201. ACCEPTED BY: SAN DIEGO GAS & ELECTRIC CO. By: /713 'tJ-_ Date: z/u /o - Michael J.11iarns Land Management Representative Duly Authorized Agent for SDG&E MICHAEL J. DIJRK1N & SHERYL K. DURKJN Iichael J. Durkin Sheryl K. Durkin Date: Date: Durkin - Car Lot doc WITNESS my hand and official seal. / Signature Durkin - Car Lot c - •1 Corns 07 N yPu-Cm ;j San, DC: --- . . STATE OF COUNTY OF D On \\/ 02 , before me/\\cEL- . kvAc (name, title of officer), appeared o personally known to me proved to me on the basis of satisfactory evidence to be the person(, whose name) is 1 subscribed to the within instrument and acknowledged to me that executed the same in his/ttt authorized capacity(. and that by his/Ieir signature(,o on the instrument the person(, or the entity upon behalf of which the person acted. executed the instrument. WITNESS my hand and official seal. CHAE. J. .UAMS CO. 11212077 NOTARY PkLJC • CAIJFGRMA Signature/17J AJ2_ iIIIIIIIIII sm oio coiin CGmm., Nov. 24,2004 STATE OF ) COUNTY OF $12, qv, SS. On I I, Ob 1. before me / A' (name, title of officer), appeared L. o personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his'heri'their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 2t.' 5OEE 1/W tO. 3t514 REC.. 4-15-54 Fr=,. 4l G.R. . I'. TO41EK 'XO. rflf3t(4 L1--j--"> LJ II rIri (t7 Ar-s rcr11 ._JU _LI-kLJ i \fr%_.. 1 )t\ ')1 .1r I\.J. f. .4 A P 'r' ii '•)7 iVJ-U 3' C14A}1 LU'M FENCE. # Cd' CD(.C.. OJEI CT(F) CDM1\CTED D.i ' F-PTEE.D WAU.. LAN CAFE AgEP ' t-r •:'' L...LJ 30' DEIE. ACC.E5S RaA%D CQt'4C. tArvEwA( A?tLDN ECThL o' &-a wrni E EVtCE LOC.K5 CONET. :3.: PF.CJECI CO.: THOS. PROS.: 1127-03 PROJECT NAME & LOCATION NEW VEHICLE STORAGE LOT :R:E:T - - :ATE: 02/03/03 R/ c. 330-1650 71 EXHIBIT "A"