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HomeMy WebLinkAboutCUP 02-18; TAMARACK - VERIZON; Conditional Use Permit (CUP)l CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT USE ONLY) USE ONLY) □ Administrative Permit -2nd □ Planned Industrial Permit Dwelling Unit □ Administrative Variance □ Planning Commission Determination [EJ Coastal Development P~DD o;;.. ,.. 3 > □ Precise Development Plan ~ Conditional Use Permit Cui DOJ-" ig □ Redevelopment Permit □ Condominium Permit □ Site Development Plan □ Environmental Impact 0 Special Use Permit Su />o:J-oJ-Assessment □ General Plan Amendment □ Specific Plan □ Hillside Development Permit □ =t=eRteti-.,e Pereel Mep Obtain from Engineering Department □ Local Coastal Plan Amendment □ Tentative Tract Map □ Master Plan □ Variance □ Non-Residential Planned □ Zone Change Development □ Planned Development Permit □ List other applications not specified 2) ASSESSOR PARCEL NO(S).: {}o1-IOl-2.I/ 3) PROJECT NAME: 4) BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (PrintJ:.J_Type) 6) APPLICANT NAME (Print or Type) JA'('t /-fc,Rivt,; . {l,(c/2.J(t;J?,"\ c,,J is Ff·/?·f-LF c.-.r:: VC/l,2,,.J vv, aEt...£~5.. MAILING ADDRESS MAILING ADDRESS LJC,o/ i.,;-L C ,,.tvvt, ,J t; (Lif"l}l-/~7 TFc,NcLc,('.;, y /J12.,ve CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE r 11-12 <.... s,2:./Jl ) C',t-"'/ Le,1e,1 e, I /2 VIA.M:. 6+ 72.(&,/~ M'<-/1) Z(s)<;" - 42b~ I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRE.SENTATIVE OF THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOWLEDGE. 21/;Afr CORRECT TO THE BEST OF MY KNOWLEOGE~ C/4,,(/~ ~v~ 1 II 0► ATE/ SIGNATURE ----SIG DA E 7) BRIEF LEGAL DESCRIPTION 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 16 Ve vod" -St PAGE 1 OF 2 t ·-/r p L ,:Z ,-\Sf.. 14--'fn+c. ittSv 8) LOCATION OF PROJECT: 9) 10) 13) 16) 19) 22) ON THE STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST, WEST) BETWEEN AND (NAME OF STREET) LOCAL FACILITIES MANAGEMENT ZONE PROPOSED NUMBER OF LOTS □11) NUMBER OF EXISTING □12) RESIDENTIAL UNITS TYPE OF SUBDIVISION □14) PROPOSED IND OFFICE/ □15) SQUARE FOOT AGE PERCENTAGE OF PROPOSED □17) PROPOSEDINCREASEIN D 18) PROJECT IN OPEN SPACE ADT GROSS SITE ACREAGE □20) EXISTING GENERAL □21) PLAN EXISTING ZONING □23) PROPOSED ZONING D (NAME OF STREET) {NAME OF STREET) PROPOSED NUMBER OF □ RESIDENTIAL UNITS PROPOSED COMM □ SQUARE FOOTAGE PROPOSED SEWER □ USAGE IN EDU PROPOSED GENERAL □ PLAN DESIGNATION 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS 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 tfl~ .~ I , . stciN~~ FOR CITY USE ONL V FEE COMPUTATION APPLICATION TYPE TOT AL FEE REQUIRED DATE FEE PAID Form 16 FEE REQUIRED RECEIVED. JUL 2 3 2002 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEIVED RECEIVED BY: RECEIPT NO. PAGE 2 OF 2 --city of C--'arlsbad I :.i Fi,i,h,i·l •)§ •f i; i, ,14 ,,. DISCLOSURE STATEME~T Applicant's statement or disclosure of certain ownership interests on all apphcauons whi,ch will require 1 discretionary action on the pan of the City Council or any appointed Board. Commission or Commmee. : The following information MUST be disclosed at the time of application submmal. Your pro_iect cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, assoc1at1on. 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) 2. 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 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (NIA) IN THE SPACE BELOW If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary:) ~ __.-r~ ~(4 {_Cor-Sr.,,f<-nt>.J,r Cf..J. rl¼LF cF) Person ~;,...--1~~tua-i.> · Corp/Part v CEP-i l-(:..,J "'-'1 a.e Les .S Title L~O Title ----------------Address _____________ _ {lt..v,11.J,C. ti'l..C,L~ 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 (NIA) 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.) Perso~a hr~ Corp/Pan __________ _ Title (':Jg/A-)~ Title _____________ _ Address <J(_t:zt!:'/2 L Ce-,n ,:UR~.'J.~Address _____________ _ (!,,~4_ I s4o-,(,.<:!.,,. 9;}. t:Pt7p 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @ 3. NON-PROFIT ~GAJ\"'IZATION OR TRl'ST If any person identified pursuant to (I) or (2) above is a nonprofit orgamzation or :i tru~:. i1~: ::1,: names and addresses of A.'l\l)' person serving as an officer or director of the non-proti: organization or as trustee or beneficiary of the. Non Profit/Trust ---------Non ProfitTrust -----------Title ____________ _ Tit le ______________ _ Address ___________ _ Address --------------- 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve 02) months? 0Yes [81 No If yes, please indicate person(s): ______________ _ NOTE: Attach additional sheets if necessary. I cenify that all the above information is true and correct to the best of my knowledge . .fi!faf.:£.?p-,D !}:;;. !:}f:u-/n ~ J Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 f1-.c-ASL. Sec.. ~~ A-t,.rn-ic,'212.A+1crJ Signature of applicant/date Print or type name of applicant Page 2 of 2 City of C8rlsbad ■ :.f Ei ,,,,. ,,.,.,,.,;,a,,,,,,,, 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. D 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 ,,cl? It!!)~ e&.£P. t!>,4/ i3v.Jl/l,tp I I /_ id ,/ Name: t!)e Ve7<1 Z(>i/ W11<F1 e:~ Name:__/7'LV"'d?'fAt&;, vfl:/ +,e/4.i'/C If. Address:/22SOS:~b dfvyod' Address: ff~ R&/A1/,#tJ;ftut-: ;Czm1c f!d 'J.2t1r ~N r;zmr Phone Number:f 1(, ef6;£"-f Z£& Phone Number: Z/t2 -/;? f-;lt} 1/Z Address of Site: ~o;,/ h /? ,./#a/o "2?:-& L I Local Agency (City and County): _ ~~p 1 --~ '/21$6:Z) ~ Assessor's book, page, and parcel number: Pt? 7 -la/ -c?"' Specify list(s): ;41/A Regulatory Identification Number: __ J..,..1_.,_/_.//:-'--------------------- Date of List: 4/,/fl 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @ 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 d of the completion letter. Applicant Signature: LlAl\C~ ?-:,1.-~t.- Staff Signature: Date: J WL'-( ?--<t:,, ?-,Oo';).. To be stapled with receipt to application Copy for file Mericom Corporation 167 Technology Drive Irvine, CA 92618 Attn: Cindy Bristell Order Number: 90165077 Property Address:,, CA Sanctity of Contract STEWART TITLE OF CALIFORNIA, INC., ORANGE COUNTY DIVISION 180 NORTH RIVERVIEW DR., SUITE 100 ANAHEIM, CA 92808 (714) 685-2320 www.stewarttitle.com MEMBER CALIFORNIA LAND TITLE ASSOCIATION PRELIMINARY REPORT Your Reference: Tamarack In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. 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 referenced to as an Exception on 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. 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. 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 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. Dated as of April 10, 2002 at 7:30 A.M. Bill Cuddyer, Title Officer 90165077 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: California Land Title Association Standard Coverage Policy SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee Title to said estate or interest at the date hereof is vested in: Jay Franklin Hoffman and Maryon Dooley Hoffman, Co-Trustees, U.T.D. October 2, 1984 Continued on next page -1- 90165077 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, described as follows: Parcel A: That portion of Parcels 2 and 3 of Parcel Map No. 3451, in the City of Carlsbad, County of San Diego, State of California, January 31, 1975, in the office of the county recorder of said county, lying westerly of the following described line: Beginning at the northeasterly corner of said Parcel 2; thence, along the northerly line of said Parcels 2 and 3, westerly along a curve concave southerly and having a radius of 960.00 feet, a distance of 198.26 feet to a tangent line; thence, South 87° 27' 37" West along said tangent line 358.86 feet to the true point of beginning; thence South 87° 27' 37" West 145.41 feet to the true point of beginning; thence, leaving northerly line South 1° 58' 54" West 315.79 feet, more or less, to .a point in the southerly line of said Parcel 2. Together with that portion of Lot "E" of the Rancho Agua Hedionda, in the county of San Diego, State of California, according to partition map thereof, No. 823, filed in the office of the county recorder of said county, lying southwesterly of a line which is 73.00 feet southwesterly of and concentric with the centerline of Road Survey Map No. 1800-1 (El Camino Real) between engineer's stations 475+00 and 482+00 according to said map, filed in the office of the county engineer of said county. Excepting from said land those portions of property shown and delineated within the records of the San Diego County Assessor's Office as Assessor's Parcel Numbers 207-101-27 and 207-101-29. End of Legal Description Continued on next page -2- 90165077 SCHEDULED At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2002-2003 which are a lien not yet payable. B. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2001-2002: 2nd Installment $1,449.67, Paid Exemption $7,000.00 Assessment No. 207-101-28-00 C. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. D. The lien of any special tax resulting from the inclusion of the property in a special assessment district or Mello-Roos Community Facilities District in accordance with the codes, which may exist by virtue of assessment maps or notices filed and/or recorded by any such district. Assessments, if any, arising from such assessment districts will be collected along with the regular county real estate taxes. 1. Water rights, claims or title to water in or under said land, whether or not shown by the public records. 2. Title to, and easements in, any portion of the land lying within any highways, roads, streets, or other ways. 3. Easements or claims of easements not recorded in the public records. 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee Oceanside Mutual Water Company, Purpose Recorded Affects a California corporation pipelines in Book No. 1795, page 355, of deeds said land 5. Rights of the public to use for street purposes, as shown Continued on next page -3- 90165077 on said map and dedicated to the public thereon, that portion of said land included within road survey 682. 6. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Road Survey 682 where required for the construction and maintenance of said county highway as granted to county of San Diego in deed recorded March 10, 1936 in Book 479, page 341 of official records. 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee Carlsbad Mutual Water Company Purpose pipelines Recorded November 3, 1941 in Book 1271, page 70, official records Affects said land 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee San Diego Gas and Electric Company Pu+pose distribution of electricity Recorded November 27, 1951, in Book 4302, page 401 File No. 143706, official records Affects said land 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee San Diego Gas and Electric Company Purpose distribution of electricity Recorded June 1, 1953 in Book 4874, page 143 Instrument No. 71511, official records Affects said land 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee San Diego Gas and Electric Company Purpose distribution of electricity Recorded June 1, 1953 in Book 4874, page 148 File No. 71512, official records Affects said land 11. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee San Diego Gas and Electric Company Purpose distribution of electricity Recorded August 9, 1966 File No. 128725, official records Affects said land Continued on next page -4- 90165077 12. An agreement to which reference is made for full particulars: By And Between City of Carlsbad and Joy F. Hoffman and Maryon D. Hoffman Regarding Recorded an agreement for improvements in a public right-of-way July 26, 1972 File No. 194226, official records 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee San Diego Gas and Electric Company Purpose distribution of electricity Recorded June 11, 1974 File No. 74-154502, official records Affects said land 14. An agreement particulars: Dated By And Between Regarding Recorded to which reference is made for full November 6, 1974 City of Carlsbad and Jay F. Hoffman and Maryon D. Hoffman improvements in a public right-of-way November 13, 1974 File No. 74-300268, official records 15. Easements for various utility purposes in, upon, over and across tr portion of El Camino Real as vacated as reserved by the county of San Dj instrument recorded December 21, 1976 as File No. 76-428052. Said easement is blanket in nature. 16. A certificate of compliance recorded September 22, 1982 as File No. 293200. 17. Terms and provisions of a Lease executed by Jay F. and Maryon D. He as Lessor and Cox California PCS, Inc., as Lessee as disclosed by a memc of lease agreement recorded November 7, 1996 as Instrument No. 96-05640€ official records. 18. Covenants, conditions, and restrictions as set forth in an instrument recorded December 5, 1996, official records, but omitted any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the covenant, 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. Section 12956.1 of the Government Code provides the following: Continued on next page -5- 90165077 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, and may be removed pursuant to Section 12956.1 of the Government Code. Lawful restrictions under state and federal law on age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 19. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee City of Carlsbad, a municipal corporation Purpose open space Recorded August 6, 1997 97-0375383, official records Affects said land 20. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee City of Carlsbad, a municipal corporation Purpose open space Recorded September 28, 2001 2001-0703336, official records Affects said land 21. The matters contained in an instrument: By and Between I City of Carlsbad and Jay F. and Maryon D. Hoffman upon the terms and conditions and covenants therein provided. Recorded I October 2; 2001 Instrument No. 2001-0710483, official records 22. Rights of tenants in possession. 23. Our examination of the record title to the herein described land does not disclose any existing loans. We, therefor, request a copy of the owners Disclosure Statement with reference to existing encumbrances to reconfirm our findings. END OF EXCEPTIONS Continued on next page -6- 09 I ) ~ \ " Q '"' @;) ♦ DETAIL ·c- sc"L£ = ,·· 200· ® SU ~I ~GO COUlfTT ASSES~~,• S MlP !• 207 PG 10 -$MT 7 Of 2 ~ ~ ·o . .. .. .. .. . ~ • 0 .. ~ "' ,._ ~ ' ~ C' '9.:, . (.,.., -.:S~()D 11 •-V-fl'tlUW'..,I \I f'W"l'I ""'IU .. IJ T"\111,,1 11'-' ~lniJU,..11 I 1\,,1 ASSUMED BY ITS ATTACHMENT TO THE POLICY OF TITLE INSURANCE OF STEWART TITLE GUARANTY COMPANY. : ~ :; 1llS I# WAS ABWID IOI AS!l:S381' RmlSES OU. N> U8JIT ll AS5LMID RlR TIE Accuw:r II' TIE OOA 9:0lll ASliES!Dl'S IWIB.S MAT t0r CXIAY wmt llXAI. SUlllMSllN OR MJJIG OADIIIIIC:E5. DETAIL B NO SCALE (iiJ -f" c...., ~. @ SHT2 ® B5.8& AC _,., .i ✓ 0 ~ ~ ♦ ~ 1• PAR 1 S8E MAP 2721>-37-lll 2'o PAR 1 5IIE UAP 27411-37-113 +■ PAR 1 S8E 1W' 2720-37-.111 MAP 823-RHO AGUA HEDIONDA-POR LOT I J/11111111 JClRO II l2R27I01 I 11511 2e l2R211I01 I 21111 OI I 2113 MM 231, ROS 3786,4484,4852,5289,5414,9017,9564,9860,10874,12164 APR O 2 2001 .;..; c:: It> E E 8 C\J ..... 0 C\J It> t\0 cf 0 ..... " 0 C\J c:: 0 :;: .g- (.) V) It> a Cl. ~ '2 0 CLTA PRELIMINARY ID::.~ORT FORM EXHIBIT A CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COSTS, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF: 1. (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING OR ZONING LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (I) THE OCCUPANCY, USE, OR ENJOYMENT OF THE LAND; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE OF THE ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OR POLICY. (B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTEND 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 ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE. 3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS: (A) WHETHER OR NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT; (B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY; (C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT; (D) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY; OR (E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAO PAID VALUE FOR THE INSURED MORTGAGE OR FOR THE ESTATE OR INTEREST INSURED BY THIS POLICY. 4. UNENFORCEABLILITY OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF THE INABILITY OR FAILURE OF THE INSURED AT DATE OF POLICY, OR THE INABILITY OR FAILURE OF ANY SUBSEQUENT OWNER OR INDEBTEDNESS, TO COMPLY WITH THE APPLICABLE DOING BUSINESS LAWS, OF THE STATE IN WHICH THE LAND IS SITUATED. 5. INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON USURY OR ANY CONSUMER CREDIT PROTECTION OR TRUTH IN LENDING LAW. 6. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED THE ESTATE OR INTEREST INSURED BY THIS POLICY OR THE TRANSACTION CREATING THE INTEREST OF THE INSURED LENDER, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY OR SIMILAR CREDITORS' RIGHTS LAWS. EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR WHICH MAY BE ASSERTED BY PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS. REV. 1999 PAGE 1 OF 6 (LIST OF PRINTED EXCEPTIONS ANO EXCLUSIONS CONTINUED ON NEXT PAGE) STEWART TITLE GUARANTY COMPANY CLTA PRELIMINARY R~PORT FORM 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87} EXCLUSIONS IN ADDITION TO THE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INSURED AGAINST LOSS, COSTS, ATTORNEYS' FEES, AND EXPENSES RESULTING FROM: 1. GOVERNMENTAL POLICE POWER, AND THE EXISTENCE OR VIOLATION OF ANY LAW OR GOVERNMENTAL REGULATION. THIS INCLUDES BUILDING AND ZONING ORDINANCES AND ALSO LAWS AND REGULATIONS CONCERNING: * LAND USE * IMPROVEMENTS ON THE LAND * LAND DIVISION * ENVIRONMENTAL PROTECTION THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OR THE ENFORCEMENT OF THESE MATTERS WHICH APPEAR IN THE PUBLIC RECORDS AT POLICY DATE. THIS EXCLUSION DOES NOT LIMIT THE ZONING COVERAGE DESCRIBED IN ITEMS 12 AND 13 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 3. TITLE RISKS: * THAT ARE CREATED, ALLOWED, OR AGREED TO BY YOU * THAT ARE KNOWN TO YOU, BUT NOT TO US, ON THE POLICY DATE --UNLESS THEY APPEARED IN THE PUBLIC RECORDS * THAT RESULT IN NO LOSS TO YOU * THAT FIRST AFFECT YOUR TITLE AFTER THE POLICY DATE --THIS DOES NOT LIMIT THE LABOR AND MATERIAL LIEN COVERAGE IN ITEM 8 OF COVERED TITLE RISKS 4. FAILURE TO PAY VALUE FOR YOUR TITLE. 5. LACK OF A RIGHT: * TO ANY LAND OUTSIDE THE AREA SPECIFICALLY DESCRIBED AND REFERRED TO IN ITEM 3 OF SCHEDULE A OR * IN STREETS, ALLEYS, OR WATERWAYS THAT TOUCH YOUR LAND THIS EXCLUSION DOES NOT LIMIT THE ACCESS COVERAGE IN ITEM 5 OF COVERED TITLE RISKS. EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE {AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. ANY RIGHTS, INTERESTS, OR CLAIMS OF PARTIES IN POSSESSION OF THE LAND NOT SHOWN BY THE PUBLIC RECORDS. 2. ANY EASEMENTS OR LIENS NOT SHOWN BY THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE LIEN COVERAGE IN ITEM 8 OF COVERED TITLE RISKS. 3. ANY FACTS ABOUT THE LAND WHICH A CORRECT SURVEY WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE FORCED REMOVAL COVERAGE IN ITEM 12 OF COVERED TITLE RISKS. 4. ANY WATER RIGHTS OR CLAIMS OR TITLE TO WATER IN OR UNDER THE LAND, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. REV. 1999 PAGE 2 OF 6 {LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) STEWART TITLE GUARANTY COMPANY ,.,, CLTA PRELIMINARY Ii 'ORT FORM ' ,. .. 3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT -FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS AND COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COSTS, ATTORNEY'S FEES OR EXPENSES WHICH ARISE BY REASON OF: 1. (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; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE OF THE ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. (B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE -EXERCISE THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. 2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE. 3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS: (A) 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 (EXCEPT TO THE EXTENT THAT THIS POLICY INSURES THE PRIORITY OF THE LIEN OF THE INSURED MORTGAGE OVER ANY STATUTORY LIEN FOR SERVICES, LABOR OR MATERIAL OR TO THE EXTENT INSURANCE IS AFFORDED HEREIN AS TO THE ASSESSMENTS FOR STREET IMPROVEMENTS UNDER CONSTRUCTION OR COMPLETED AT 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. 4. UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF THE INABILITY OR FAILURE OF THE INSURED AT DATE OF POLICY, OR THE INABILITY OR FAILURE OF~ SUBSEQUENT OWNER OF THE INDEBTEDNESS, TO COMPLY WITH APPLICABLE DOING BUSINESS LAWS OF THE STATE IN WHICH THE LAND IS SITUATED. 5. INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON USURY OR ANY CONSUMER CREDIT PROTECTION OR TRUTH IN LENDING LAW. 6. ANY STATUTORY LIEN FOR SERVICES, LABOR OR MATERIALS (OR THE CLAIM OF PRIORITY OF ANY STATUTORY LIEN FOR SERVICES, LABOR OR MATERIALS OVER THE LIEN OF THE INSURED MORTGAGE) ARISING FROM AN IMPROVEMENT OR WORK RELATED TO THE LAND WHICH IS CONTRACTED FOR AND COMMENCED SUBSEQUENT TO DATE OF POLICY AND IS NOT FINANCED IN WHOLE OR IN PART BY PROCEEDS OF THE INDEBTEDNESS SECURED BY THE INSURED MORTGAGE WHICH AT DATE OF POLICY THE INSURED HAS ADVANCED OR IS OBLIGATED TO ADVANCE. 7. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (I) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (II) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE OR EQUITABLE SUBORDINATION; OR (III) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE: (A) TO TIMELY RECORDED THE INSTRUMENT OF TRANSFER; OR (B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. REV. 1999 PAGE 3 OF 6 (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) STEWART TITLE GUARANTY COMPANY · CLTA PRELIMINARY p--· 'DORT FORM -THE ABOVE POLICY FORMS 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 INCLUDE THE FOLLOWING GENERAL EXCEPTIONS: EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE {AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERESTS OR CALIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, LIENS OR ENCUMMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 5. {A) UNPATENTED MINING CLAIMS; {B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER {A), {B) OR {C) ARE SHOWN BY THE PUBLIC RECORDS. 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COST, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF: 1. {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; {II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND; {III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART; OR {IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE OF THE ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. {BJ ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY {A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE EXERCISE THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFgCTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. 2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE. 3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS: {A) CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT; {BJ 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: (I) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR {II) 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. {LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 PAGE 4 OF 6 STEWART TITLE GUARANTY COMPANY CLTA PRELIMINARY. ?ORT FORM THE ABOVE POLICY FORMS 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 INCLUDE THE FOLLOWING GENERAL EXCEPTIONS: EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERES"I;_S OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLIICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS. 5. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) 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 ORDINANCES, LAWS AND REGULATIONS CONCERNING: A. BUILDING B. ZONING c. LAND USE D. IMPROVEMENTS ON LAND E. LAND DIVISION F. ENVIRONMENTAL PROTECTION 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. 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 APPLY TO VIOLATIONS OF BUILDING CODES IF NOTICE OF THE VIOLATION APPEARS IN THE PUBLIC RECORDS AT THE POLICY DATE. 3 . THE RIGHT TO TAKE THE LAND BY CONDEMNING IT, UNLESS: 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 TAKING. 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, 8.D, 22, 23, 24 OR 25. 5. FAILURE TO PAY VALUE FOR YOUR TITLE. 6. 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. REV. 1999 PAGE 5 OF 6 STEWART TITLE GUARANTY COMPANY 6. "GOLD" COMPREHENSIVE PROTF,-~ON LOAN POLICY OF TITLE INStJ.RAltl!i: EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COST, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF: 1. (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; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE OF THE ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. THIS EXCLUSION FROM COVERAGE l(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, 15, 16, 17, 34, AND 41. (B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE EXERCISE THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. THIS EXCLUSION FROM COVERAGE l(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, 15, 16, 17, 34, AND 41. 2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE. 3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS: (A) 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 (THIS EXCLUSION FROM COVERAGE 3 (D) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 7, 8, 15, 16, 18, 21, 22, 24, 25, 26, 28, 29, 30, 32, 33, 34, 35, 38, 39, AND 40); (E) RESULTING IN LOSS OR DAMAGE WHICH 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 THE INSURED AT DATE OF POLICY, OR THE INABILITY OR FAILURE OF ANY SUBSEQUENT OWNER OF THE INDEBTEDNESS, TO COMPLY WITH APPLICABLE DOING BUSINESS LAWS OF THE STATE IN WHICH THE LAND IS SITUATED. 5. INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON ANY CONSUMER CREDIT PROTECTION OR TRUTH-IN-LENDING LAW. 6. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (A) THE TRANSACTION CREATING THE ESTATE OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (B) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE OF EQUITABLE SUBORDINATION; OR (C) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE; (I) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR (II) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. 7. TAXES, ASSESSMENTS, COSTS, CHARGES, DAMAGES AND OTHER OBLIGATIONS TO THE GOVERNMENT SECURED BY STATUTORY LIENS THAT BECOME A LIEN ON THE LAND SUBSEQUENT TO DATE OF POLICY, BUT THIS EXCLUSION 7 DOES NOT LIMIT THE COVERAGE OF INSURING PROVISION 34. REV. 1999 PAGE 6 OF 6 STEWART TITLE GUARANTY COMPANY • \ .; LEGFND 17/A OPEN SPACE OOEMEHT W DEDICATED TO cm OF C4Rl.SBM> (2827.4.J SQ. FT.) ( ) INO!t.A1£S R£CORO PER PM 345J [ ] INDlr.ATES RECORD PER INSTRUMENJ' NO. 82-293200 O.R. This easement plot is approximate only and is furnished only as a matter of accommodation. It is not a survey of the land but is compiled from information from data shown only by official records. No liability is assumed for any reliance placed upon this information. VICINOY MAP Property in question = 6~ .:~) BEIIENT DAOOrOOD STIJBGEOH cmL BNGDflSBS, me. sass F•dmll Bownn LfflMm """11. Cal:VomfG, St HS (619) 5BZ-WZ ~--TFr--------ir---fl-37S3J . (N Tr.JJ'rJ/ E) N 78'24'3t E -U."6' (17.64') -r6-&/2ff'05-Z f~ alANk:.<=.-rtA/ N-4~ ANLJ tvorpt..()ff~(J'U:=. SHT 1 OF 1 SHT Z<'PI-7P.?.7.?( REQUESTED BY: ~~~~;:_:;.;...;,.;.;.;:~----:---:---, A.P.N. 207-101-19-00 PACIFIC 8EU. MOBILE SERVICES 9610 GRN11E RIDGE ORNE. SUITE A SAN DIEGO, CA 92123 P.R. 2.3.118 Easement plot for Preliminary Report no.90-1 65077 -. RECORDING REQUESTED BY WHEN RECORDED MAIL TO Luce, Forward, Hamilton & Scripps LLP ATTN: Carol K. Kao, Esq. 600 West Broadway, Suite 2600 San Die o, CA 92101-3391 MAIL TAX STATEMENTS TO Marja D. Selna, Manager 4901 El Camino Real Carlsbad, California 92008 18534 DOC# 2004-0448576 MAY 17, 2004 4:10 OFFICifi. RElllRDS 1111\111111111111111111111 Hiil 1111111~ 1111111111 ll~ 11111 I~ 1111 SAN DIEGO CWffi' RECORDER'S lfFICE Gf6IJRV J. SMITH, CllJfJV Rflm)ER FEES: 11.00 OC: OC PM ------------__.;., _________ 2~~~7!__=~-~------------- SPACE ABOVE THIS LINE FOR RECORDER'S USE Quitclaim Deed ASSESSORS PARCEL NUMBER: 207-101-2400 The undersigned Granters declare under penalty of perjury that the following is true and correct: Documentary transfer tax is$ -0-(No consideration) 11 Computed on full value of property conveyed, or [ ) computed on full value less value of liens and encumbrances remaining of time of sale or transfer. [ ] Unincorporated area: [X) City of Carlsbad and FOR NO CONSIDERATION, Jay Franklin Hoffman and Maryon Dooley Hoffman, Co-Trustees U.TD. October 2, 1984 hereby REMISE, RELEASE AND FOREVER QUITCLAIM to Ma~a Acres, LLC, a California limited liability company, a fifty percent (50%} interest in the following described real property in the City of Carlsbad, County of San Diego, State of California: See Exhibit A attached hereto and incorporated herein by reference. Dated z (u, lov ~ :;6(¥ n JayFfankn Hoffan:Co-stee ?2111 ~2 L). -2'1-~~✓ ~ ~ ~ Mary~iey Hoffman, co-·ldsee State of California ) ) County of San Diego ) o~,b. 8-0 , 2004, befo · •J--41:.!,,,Q..4...i:::::~J:::::ir:.a.qf..,,,t:..._ _____ , a Notary Public for said State, personay appeared Jay Franklin Hoffman and Maryon oley Hoffman, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument WITNESS my hand and official seaL -Exhibit A 18535 Parcel 1 of Parcel Map No. 3451, in the City of Carlsbad, County of San Diego, State of California, filed in the , Office of the County Recorder of San Diego County, January 31, 1975 as File No. 75-023997 of official records, together with that portion of Lots 1 and E of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, as vacated and abandoned by resolution of the Board of Supervisors of San Diego County, filed in the Office of the County Recorder of San Diego County, December 21, 1976 as Document No. 76-428052 of official records, described in whole as follows: Beginning at the northwest corner of said Parcel 1; thence along the northerly prolongation of the westerly line of said Parcel 1, North 18°32'12" East, 11.32 feet to a point on the arc of a 1673.00 foot radius curve, concave northerly, a radial line to said point bears South 26°43'20" West, said curve being 73.00 feet Southerly of and concentric with the centerline of road survey 1800-1, on file in the Office of the County Surveyor of San Diego County; thence Easterly along the arc of said curve, through a central angle of 22°59'39", a distance of 671.41 feet to a point on the Northerly line of said Parcel 1; thence non-tangent to said curve and along said Northerly line, North 87°27'37" East, 205.36 feet to Northeast comer of said Parcel 1; thence along the Easterly line thereof, South 02°32'23" East, 167.16 feet to the Southeast comer of said Parcell; thence along the Southerly line of said Parcel 1, South 77°50'00" West, 17.64 feet to an angle point therein; thence continuing along said Southerly line, South 87°27'37" West, 333.00 feet to an angle point therein; thence continuing along said Southerly line, South 83°17'35" West, 654.12 feet to the Southwest corner of said Parcel I; thence along the Westerly line thereof, North I 8°32' 12" East, 440.00 feet to the point of beginning. 2 ·------·----- ,,. .... ,.._, Verizon Wireless Site Name: Tamarack LEITER OF AUTHORIZATION APPLICATION FOR ZONING/LAND USE ENTITLEMENTS Property Address: Property Address: 4901 El Camino Real, Carlsbad CA 92008 Assessor's Parcel Number: 207-101-24 1/W e, the owner(s) of the above described property, authorize Verizon Wireless (VA W) LLC d/b/a Verimn Wireless with its principal offices at 180 Washington Valley Road, Bedminster, New Jersey 07921, its employees, representatives, agents, and/or consultants, to act as an agent on my/our behalf for the sole purpose of consummating any building and land-use permit applications, or any other entitlements necessary for the purpose of constructing and operating a wireless telecommunications facility. I/We understand that any application may be denied, modified, or approved with conditions, and that such conditions or modifications must be complied with prior to issuance of building permits. 1/W e further understand that signing of this authorization in no way creates an obligation of any kind. OWNER(S): ,:\ 3t.J. (. (-f_,,f=F rY) ,,,,J o>c-urtJ~ Title I) ~,c~ J / Signature Date: --v:;'~. /$~ <t'J~ I I Print Name Title Signature Date: ___________ _ ~ verizglwireless We never stop work.Ing for you.'-' ~ ' ,7 VIEW LOOKING NORTHWEST AT SITE VIEW LOOKING WEST AT SITE VZ-TAMARACK (4901 EL CAMINO R EAL) PAGEl ~ ve,izmtwireless We never stop working for you.e VIEW LOOKING SOUTH AT SITE VIEW LOOKING WEST AT SITE VZ-T AMARACK (4901 EL CAMI O R EAL) PAGE2 CLOSE AERIAL VIEW OF EXISTING MONOPALM, CABLE RUN, AND EQUIPMENT LOCATIONS AERIAL VIEW OF SUBJECT PROPERTY VZ-TAMARACK (4901 EL CAMINO R EAL) PAGE3 Surrounding sites: 101/CARLSBAD 3045 carlsbad blvd CarlS0dcl CA 92008 78/EL CAMINO2182 EL CAMINO REAL Oceanside CA 92054 CALLOWAY 2180 Rutherford Rd Carlsbad CA 92008 CARLSBAD 3557 MONROE STREET Carlsbad CA 92008 COAST VISTA 2002 S Coast Hwy San Diego CA 92054 GERICO 850 Tamarack Ave Carlsbad CA 92008 LEGOLAND 5805 amada dr Carlsbad CA 92008 PACIFIC CTR ONE 701 Palomar Airport Rd Carlsbad CA 92008 PALOMAR AIR RD 5858 EDISON PL Carlsbad CA 92008 TRI CITIES 130 Nettleton Rd, Vista CA 92083 Covera e without sub ·ect site Coverage Levels: ■ Excellent ■ Good/Variable ■ Poor marack 01 El Camino Real Carlsbad, CA 92008 Surrounding sites: 101/CARLSBAD 3045 Carlsbad blvdCarlsbad CA 92008 78/EL CAMINO2182 EL CAMINO REAL Oceanside CA 92054 CALLOWAY 2180 Rutherford Rd Carlsbad CA 92008 CARLSBAD 3557 MONROE STREET Carlsbad CA 92008 COAST VISTA 2002 S Coast Hwy San Diego CA 92054 GERICO 850 Tamarack Ave Carlsbad CA 92008 LEGOLAND 5805 amada dr Carlsbad CA 92008 PACIFIC CTR ONE 701 Palomar Airport Rd Carlsbad CA 92008 PALOMAR AIR RD 5858 EDISON PL Carlsbad CA 92008 ■---... ■-F1.COMAEcllo O,-(d8) .,...9000 ■ >-•12.000 • ,...,sooo Coverage Levels: ■ Excellent ■ Good/Variable ■ Poor marack 901 El Camino Real Carlsbad, CA 92008 ~ WNJZ211wireless Coverage difference: Main site coverage=■+ = only Existing Verizon monopalm __ __ -.... -=-- Tamarack 4901 El Camino Real Carlsbad, CA 92008 v.--venm, Photorealization of existing telecommunicationssite Existing Verizon monopalm ----.. --~.;.._ Tamarack 4901 El Camino Real Carlsbad, CA 92008 v.-' veftZJllJ Photorealization of existing telecoinmunfcations site Existin~ monopalm --..... g~~ ::;:.;----tt,lo@1 Lf; \,ff'\, " - Tamarack 4901 El Camino Real Carlsbad, CA 92008 ~ venm, Photorealization of existing telecommunications site • ver,zgnwireless LOCATION EXISTING TAMARACK ■ / I I l I I / / / / I I I 4901 EL CAMINO REAL CARLSBAD, CA 9200B «:>2000 Thomas Bros. Maps PROPOSED -LOOKING SOUTHWEST FROM EL CAMINO REAL PROPOSED MONOPALM PROPOSED ANTENNA■ HIDDEN INSIDE .. CLE VIEW 1 ~ ENGINEERING \.lil!,l4'l•Z,\fl01'1 $0l\lf10i'OI (714) 6 6 6-07 00 ARTISTIC ENGINEERING WARRANTS THAT THIS PHOT O S IMULAT ION IS AN ACCURATE REPRESENTATION Of" T HE SIT E BASED UPON INF"□RMATl□N PROVIDE D BY PROJECT APPLICANT. LOCATION EXISTING TAMARACK ■ / r I \ I I / / / / I I I 490 1 EL CAMINO REAL CARLSBAD, CA 9200B <02000 Thomas Bros. Maps V I EW 2 PROPOSED MONCPALM HIDDEN INSIDE POLE PROPOSED -LOOKING SOUTHEAST FROM EL CAMINO REAL ~ ENG/NEERING .,.U•~•lAflO"I SO~l.lflOflS /714) 666-0700 ARTISTIC ENGINEERING WARRAP.ITS T H AT THIS PHOTO S IMULATION IS AN ACCURATE R EPR ESENTATION □F THE SITE BASED U PON INFORMATION PROVIDED BY PROJECT APPLICANT • .• CITY USE ONLY Pro·ect Number: PROJECT NAME: CITY OF CARLSBAD APPLICATION FORM FOR . PRELIMINARY REVIEW APPLICATION MAILING ADDRE~S. 1 l8CJ71 n·~ CITY AND STATE hv,Ae ZIP 'nal1 ~eview for a development prop sal. ~4. c~s~ /Ila, cuP 02-JB ~ I -h WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF PLANNER/ ENGINEER? YES 0 NO ~- PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HA VE PREVIOUSLY SPOKEN TO REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE. FOR CITY USE ONLY FEE REQUIRED/DATE FEE PAID: _,.(0>~-~"--~$~~-~-0 _____________ _ RECEIPT NO.: ____________________________ _ RECEIVEDBY: _ _,_~.l.L....'~~------------------------ Routing: Planning D Engineering D Fire D Other __________ _ Form 15 Rev. 04/04 Page 3 of 3 PROJECT NAME: Assessors Parcel Number s : CITY OF APPLICATI PRELIMINARY MAILING ADDRESS · 11/tJ/ Fl Cam,11t1 «7<:~t{,( Pkw,nef': .ioi,..J;C#, f""i J. R ,de( 1-e_ CITY AND STATE ZIP kv1AP 'na11 ~eview for a development prop sal. ll:14, c~s~ Alo, cuP 02-18 '--h WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF PJ,ANNERI ENGINEER? . \ 1 0 i~~' tJ tt,t ,....,1 LotJcer . HS O ~ ~ ~ ~~ PLEASE LIST 1HE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REGARDING 1HIS PROJECT. IF NONE, PLEASE SO STATE. FOR CITY USE ONLY FEE REQUIRED/DATE FEE PAID: ~~~.___,,_0::..__$~~-:;>_0 _____________ _ RECEIPT NO.: ___________________________ _ RECENED BY: -,./,-JAM<-~~~---------------------- Routing: Planning O Engineering D Fire D Other __________ _ Form 15 Rev. 04/04 f CARLSBAD FIRE DEPARTMENT Fire Protection Services PRELIMINARY REVIEW REPORT PROJECT NAME: Verizon Wireless Site -Tamarack Date: Project number: Staff Planner: 06/08/05 , l os-~-r PRE.m-54'(CD) B. Kennedy Engineer: Preliminary comments: {Note: This report identifies missing information that must be included with the official project submittal. It may also identify fire protection issues associated with the project.) Fire Department has reviewed this application and has no comment. GR June 15, 2005 Laura Bishop Velocitel City 18071 Fitch Avenue, Ste 200 Irvine, CA 92614 ~~ Lt [ tn j Vb of Carlsbad IRFihh•el·l·J=i•tliii,14,ii SUBJECT: PRE 05-34-VERIZON WIRELESS CONSISTENCY DETERMINATION The Planning Director has completed a review of your application for PRE 05-34 -Verizon Wireless Consistency Determination, (APN: 207-101-19, -24, & -25/Project # CUP 02-18). After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the application can be determined to be consistent with the approved permit and therefore, approves the changes to the project based on Planning Director Administrative Policy No. 35. Please submit a reproducible 24" X 36" mylar copy of the amended site plan (Sheet A-1) received may 23, 2005. The mylars must be submitted, stamped "Consistency Determination", and signed by the Planning Director prior to issuance of any grading or building permits for the project. CITY OF CARLSBAD Q,,,)'bi DON NEU Assistant Planning Director DN:BK:bd c: Team Leader, Gary Barberio Project Engineer, Jeremy Riddle File Copy Data Entry 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @