Loading...
HomeMy WebLinkAboutCUP 02-18X1; TAMARACK VERIZON; Conditional Use Permit (CUP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR (FOR DEPARTMENT DEPARTMENT USE ONLY) USE ONLY) □ Administrative Permit □ Planned Industrial Permit □ Administrative Variance □ Planning Commission Determination □ Coastal Development Permit □ Precise Development Plan □ Conditional Use Permit ~o~ .. ,t Q. Redevelopment Permit □ Condominium Permit □ Site Development Plan □ Environmental Impact Assessment □ Special Use Permit □ General Plan Amendment □ Specific Plan □ Hillside Development Permit □ +eAtatii.1e PaFsel Mai:i Obtain from Engineering Department □ Local Coastal Program Amendment □ Tentative Tract Map □ Master Plan □ Variance Iii Minor Conditional Use Permit □ Zone Change □ Non-Residential Planned Development □ List other applications not specified □ Planned Development Permit 2) ASSESSOR PARCEL NO(S).: 207-101-24 3) PROJECT NAME: Verizon -Tamarack 4) BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (Print or Type) Jay F. Hoffman and Maryon D.Hoffman MAILING ADDRESS 4901 El Camino Real CITY AND STATE Carlsbad, CA EMAIL ADDRESS: ZIP 92009 MCUP review for existing telecommunications facility located at 4901 !=I r.::iminn RA::il nrA,,inrn~lv ::innrnvAn in ?00~ 11nnAr r.1 IP O?.a.1R * 6) APPLICANT NAME (Print or Type) Verizon Wireless c/o Plancom Inc. MAILING ADDRESS 302 State Place TELEPHONE CITY AND STATE ZIP Escondido, California 92029 TELEPHONE 760.587.3003 EMAIL ADDRESS: kerrigan.plancom@sbcglobal.net I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND COR ECT TO THE B T OF MY KNOWLEDGE. KNOWLEJGE./'L J DATE ,!2o/~ DA"tE • 7) BRIEF LEGAL DESCRIPTION Parcel 1 of Map 3451, January 31, 1975 under file no. 75-023997. l)elfOSOS9 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. D D Form 14 Rev. 03/06 PAGE 1 OF 5 8) LOCATION OF PROJECT: 4901 El Camino Real STREET ADDRESS ON THE !west I SIDE OF !El Camino Real (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I Tamarack Avenue AND !cannon Road (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS ~11) NUMBER oF{x1sT1NG □12) PROPOSED NUMBER EJ RESIDENTIAL UNITS OF RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION ~14) PROPOSED IND OFFICE/ EJ 15) PROPOSED COMM EJ SQUARE FOOTAGE SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED EJ17) PROPOSED INCREASE EJ18) PROPOSED SEWER INonel PROJECT IN OPEN SPACE INADT USAGE IN EDU 19) GROSS SITE ACREAGE 114.61120) EXISTING GENERAL IRLM 121) PROPOSED GENERAL ~ PLAN PLAN DESIGNATION 22) EXISTING ZONING IRA10123) PROPOSED ZONING IRA10 124) HABITAT IMPACTS EJ IF YES, ASSIGN HMP # 25) 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 ~1' a.µ_;,Jp I AT RE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED Form 14 Rev. 03/06 FEE REQUIRED CITY OF C/\RLS8AD DA Tfs¼'~i~x~~&b.fHb~ ~ECEIVED RECEIVED BY: PAGE 2 OF 5 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 project cannot be reviewed until this information is completed Please print Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; howevP.r, thA legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, 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.) Person___________ Corp/Part \J~:z.ot? LJ.juu:.\.Us Title_________ Title ~toJ Es-\:o-.¾f ~ol,ft,- Address__________ Address IS'S'oS' ~ CA,.rsw A.i-.. j~l~ I (> "'ZM(B 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 publicly-owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person JA.l F. ( Ho.t:yoh-:b,~orp/Part ________ _ Title Ouk'\US Title _____________ _ Address~1'IOl~_EL ~~-~ Address __________ _ Cukbo..J> CA 1tcof" 1636 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) M?-4n00 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us * 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust _______ _ Non Profit/Trust _________ _ Title __________ _ Title _____________ _ Address _________ _ Address ___________ _ 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards. Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~ No If yes. please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ,tt,_Sig--=~'-=at'--Lur-+', o""'"t""'ap ..... ~+-lic-£...,tld(ili_a=-1t~"'"""""'A.,_Q~.....;d-_,;/ ~ ' 7)~ .Jit ~ E ~ illtt R'f!t Ai D. t--lo ff '11'-£ UYllfEll!, !2A.5o"'-k Print or pe name of ow er tv'Print or type name of applicant , .--. ,ldt~ ~ ?~ JAJ(,. FoP-1/f".At~ W1~ Sigatur7owner/appl1canh agent If applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of2 Cit}' of Carlsbad IAEhlhnh•M·i=i•tiiii,i=i,11 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 ~ contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Ve;:P:\-=i<>~ ¥JW&,U;.(S" Address: Jg;ps-.rtwD CAN't6"-) Av'E:. {'R-VaNe, CA q~, t Phone Number: tt,O • 5'11 . ~ oo'3 PROPERTY OWNER Name: Je-, (=. 1/o{{~ Address: 4'to( ~t ~'""~ Pa-,.{ c.....,c,.,_o1 , CA , zc:oc; Phone Number: ( 7<,o) 1 '2 , · Zt,,tl( 2- Address of Site: 410 I E:k CAM.Lt-JO (2.e:A\......- Local Agency (City and County): Cl n ei,--=-CAfl.L& fl ~.I) Assessor's book, page, and parcel number:_'t_o_1_· _(._o_la,_ .... _2--......~------------- Specify list(s): _____________________________ _ Regulatory Identification Number: ______________________ _ Date of List: _____________________________ _ Admin/Counter/HazWaste 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ ,,,I PROJECT DESCRIPTION & JUSTIFICATION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY Verizon Wireless Tamarack 4901 El Camino Real Carlsbad, CA 92009 Prepared for: City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 Prepared by: PlanCom, Inc. Contractor Representatives for Verizon Wireless 302 State Place Escondido, CA 92029 (760) 587-3003 Contact: Kerrigan Diehl, Land Use Consultant Project Description (VZ-Tamarack) 3/28/2008 March 28, 2008 Page 1 PTS# PROJECT DESCRIPTION Verizon Wireless (VZW) is proposing to maintain its existing wireless telecom facility currently located at 4901 El Camino Real. Original! ov 03 under Conditional Use Permit 02-18, this site consists of fifteen 12) panel antennas located on existing stealth designed monopalm. Visual impact is m1 · · · es mature landscape and additional live palms that serve as natural screening and help the project blend with the surrounding landscape. The supporting equipment is located within an existing 25' x 15' equipment just North of the tree at the base of the embankment. The structure is designed, painted and textured to match the existing commercial center located on the property. It is located behind the existing center and as result has a reduced visual impact. The specific location and design of the proposed facility is illustrated in further detail on the plot plan and elevation drawings. A Photographic Survey was provided as a part of this application for staff's use in reviewing this project. PROJECT JUSTIFICATION Verizon Wireless is a public utility, licensed and regulated by the Federal Communications Commission (FCC) and informally by the California Public Utilities Commission (CPUC), and authorized to develop and operate wireless telecommunications networks throughout the United States. VZW engineers responsible for the overall design and operation of the network want to ensure that network coverage is available throughout the San Diego County. The proposed site location is essential to meeting the network's current capacity and coverage needs in the Carlsbad area and the high traffic volume along El Camino Real more specifically. At present, there is good network coverage to this area due to this projects continued operation. It$ elimination would create diminished coverage creating the need to locate additional sites in the immediate surrounding areas. This facility is intended to address this continued need, and by design interfaces with neighboring sites to provide high quality, consistent network operations to VZW customers. SITE CHARACTERISTICS The underlying zoning of the proposed site is C2 -Commercial and RA-10. The current on-site uses include commercial retail stores, agricultural farming as well as the property owner's single family residence. The proposed continued use is an unmanned wireless communication facility. Sprint-Nextel and T-Mobile have existing antennas and equipment on the site, with similar stealth designs. The surrounding land uses are as follows: North: Agriculture South: Residential East: Residential/ Agriculture Project Description (VZ-Tamarack) 3/28/2008 Page 2 PTS# West: Residential OPERATION & MAINTENANCE Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, a VZW technician will service the facility on an as-needed basis. Generally, this is likely to occur once per month during normal working hours, although a computer may handle much of the operational adjustments remotely. A VZW technician in a service van or pickup truck-size vehicle will perform the routine maintenance operations. Beyond this routine maintenance service, VZW typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted during an emergency. SITE SELECTION/PREFERRED SITES PER SECTION A.1. OF COUNCIL POLICY 64 The proposed project site is zoned C2 -Commercial, which is classified as a non- residential zone in the location guidelines adopted per Council Policy 64, Section A.Le. As such, the project site is a "Preferred Location" and is encouraged by the Wireless Communication Facilities (WCF) guidelines. The existing screened design being re- proposed is intended to blend in with the existing building. The surrounding properties in the area of the proposed site are designated for industrial land use. Since the project site is existing and hosts other wireless carriers and the surrounding area did not contain additional collocation opportunities, consideration for alternate sites was limited to the proposed project. The proposed project is a collocation on the building's facade with two other carriers, an option encouraged in the WCF guidelines of Council Policy 64. COUNCIL POLICY 64 SECTION A. LOCATIONAL GUIDELINES 1. Preferred Locations--The proposed project site is zoned C2-Commercial which is classified as a preferred location in the location guidelines adopted per Council Policy 64, Section A.Le. According to the policy, WCFs are encouraged in non-residential zones by the Wireless Communication Facilities (WCF) guidelines. 2. Discouraged Locations--The surrounding properties in the area of the proposed site are predominantly residential and agricultural and are not considered preferred locations for WCFs. Again however, because this project was originally approved at this location and is existing and provides for collocation, alternate locations were not considered with this application. Project Description (VZ-Tamarack) 3/28/2008 Page 3 PTS# 3. Visibility to the Public-Visually, this site is significantly screened by the existing mature landscape and there is no additional visual impact being proposed. 4. Collocation-As mentioned earlier, there are currently 3 carriers on site, including Sprint-Nextel, T-Mobile and Verizon. Both carriers have collocated by locating antennas on stealth designed monopalms as encouraged in Council Policy 64. B. DESIGN GUIDELINES 1. Stealth Design-t.he existing antennas are designed to be naturally screened from views from the surrounding properties. to further blend and minimize visual impacts. Additionally, mature landscape which surrounds the property serves as a natural screen along El Camino Real. 2. Equipment-t.he indoor BTS equipment cabinets are located within a first floor equipment room and are not visible. 3. Collocation-t.here are presently three carriers on the property, including Sprint-Nextel, T-Mobile and Verizon. 4. Height-t.his project does not propose increased height and will continue to operate at the height originally approved. 5. Setbacks-t.he C2 zone setback requirements are the following: • Front: • Side: • Exterior side: • Rear: 6. Building or Structure Mounted WCFs 7. Ground mounted monopoles-t.his section is not applicable to this application. 8. Lattice Towers-not applicable. 9. Undergrounding--all existing utilities are currently under-grounded. POLICY 64 C. PERFORMANCE GUIDELINES 1. NOISE/ ACOUSTICAL INFORMATION All equipment used by Verizon Wireless was and is in full compliance with the City's noise regulations at the time of approval and construction. With no changes proposed at this time, Verizon is currently operating within those guideiines. Project Description (VZ-Tamarack) 3/28/2008 Page 4 PTS# 2. OPERATION & MAINTENANCE Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, a Verizon technician will service the facility on an as-needed basis. Generally, this is likely to occur once per month during normal working hours (between 7 AM, 8AM on Saturdays, and Sunset). A computer may handle much of the operational adjustments remotely. A Verizon technician in a service van or pickup truck-size vehicle will perform the routine maintenance operation. Beyond this routine maintenance service, TMO typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted during an emergency. 3. MAINTENANCE HOURS Maintenance hours per Policy 64 will be followed. The site is not within 100 feet of residential property and would not subject to the restricted hours for maintenance. 4. LIGHTING No additional lighting is proposed for the site. 5. COMPLIANCE WITH FCC RF EXPOSURE GUIDELINES All Verizon Wireless sites are designed to comply with FCC RF exposure guidelines and supporting documents have been included with this submittal. ADDffiONAL INFORMATION REGARDING THE APPLICATION HAZARDOUS MATERIALS Sealed lead acid batteries are used for back-up power in the event of a power failure on most Verizon Wireless facilities. The batteries are often referred to as "gel cell" type batteries. Prior to the issuing of Building Permits Verizon will complete the Hazardous Materials Questionnaire and get the appropriate approvals from County Hazmat. CO-LOCATION OF OTHER CARRIERS As previously stated, Sprint-Nextel, T-Mobile and Verizon currently exist and operate at this location. Project Description (VZ-Tamarack) 3/28/2008 Page 5 PTS# ~· • venzqn OPERATIONAL FREQUENCY CRITERIA The FCC has allocated a portion of the radio spectrum to VZW for the provision of cellular, broadband and paging technologies. The proposed communications facility will transmit at a frequency range of 835 to 849 MHz and 1870 to 1885MHz. The power required to operate the facility typically does not exceed 200 watts per channel. By design, the VZW facility is a low-power system. Depending upon characteristics of the site, the actual power requirements may be reduced. When operational, the transmitted signals from the site will consist of non-ionizing waves generated at less than one (1) microwatt per square centimeter, which is significantly lower than the Federal Communications Commission (FCC) standard for continuous public exposure of 900 microwatts per square centimeter. The proposed PCS communications facility will operate in full compliance with the standards for radio frequency emissions as adopted by the FCC. Project Description (VZ-Tamarack) 3/28/2008 Page 6 PTS# r. ~ LandAmerica • Commonwealth Plancom, Inc. 302 State Place Escondido, CA 92029 Attn: Brent Helming Your Reference No: Tamarack Commonwealth Land Title Company 3131 Camino del Rio N., #1400 San Diego, CA 92108 Phone: (619) 686-6000 Our File No: 04616534 -54 Title Officer: Linda Slavik (lslavik@landam.com) Phone: (619) 686-2192 Fax: (619) 725-3248 Property Address: 4901 El Camino Real, Carlsbad, California PRELIMINARY REPORT Dated as of March 21, 2008 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B. 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 B 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 hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. CLTA Preliminary Report (Revised 11-17-06) Page 1 -·· ....... File No: 04616534 SCHEDULE A The form of policy of title insurance contemplated by this report is: ALTA Owners 2006 Policy (6-17-06) 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: Marja Acres, LLC, a California limited liability company The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Page 2 .... File No: 04616534 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel A: Parcel 1 of Parcel Map No. 3451, in the city of Carlsbad, County of San Diego, State of California, filed January 31, 1975, in the Office of the County Recorder of San Diego County. Together with that portion of Lot 1 of 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 November 16, 1896, lying within El Camino Real (County Road Survey No. 682) as vacated and abandoned by Resolution recorded December 21, 1976 as File No. 1976- 428052 of Official Records adjoining said land on the North. Parcel B: 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, said portion being further depicted as Parcel No. 89-0127-A on the drawing attached to that certain quitclaim deed from the County of San Diego recorded December 10, 1990 as Instrument No. 90-658182 of Official Records. Assessor's Parcel Number: 207-101-24 Page 3 File No: 04616534 SCHEDULE B -Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. Page 4 File No: 04616534 SCHEDULE B -Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2008 -2009 which are a lien not yet payable. B. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2007 -2008. 1st Installment: 2nd Installment: Penalty (including cost): Land Value Improvement Value: Exemption: Code Area: Assessment No.: $2,669.48 Paid $2,669.48 Open This amount is valid until April 10, after which penalties apply $276.95 Due with installment amount if paid after April 10 $264,168.00 $205,441.00 $-0- 09000 207-101-24-00 C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. Water rights, claims or title to water, whether or not shown by the public records. 2. Rights of the public to use for street purposes, as shown on said Map and dedicated to the public thereon, that portion of said land included within Road Survey 682. 3. 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. 4. An easement document Granted to: Purpose: Recorded: Affects: for the purpose shown below and rights incidental thereto as set forth in a Carlsbad Mutual Water Company, a Corporation pipelines November 3, 1941 in Book 1271, Page 70 of Official Records said land more particularly described therein. Page 5 File No: 04616534 5. An easement for the document Granted to: Purpose: Recorded: Affects: 6. An easement for the document Granted to: Purpose: Recorded: Affects: 7. An easement for the document Granted to: Purpose: Recorded: Affects: 8. An easement for the document Granted to: Purpose: Recorded: Affects: purpose shown below and rights incidental thereto as set forth in a San Diego Gas and Electric Company distribution of electricity November 27, 1951 as Instrument No. 143706 of Official Records said land more particularly described therein. purpose shown below and rights incidental thereto as set forth in a San Diego Gas & Electric Company distribution of electricity June 1, 1953 as Instrument No. 71511 in Book 4874,Page 143 of Official Records said land more particularly described therein. purpose shown below and rights incidental thereto as set forth in a San Diego Gas & Electric Company distribution of electricity June 1, 1953 as Instrument No. 71512 in Book 4874, Page 148 of Official Records said land more particularly described therein. purpose shown below and rights incidental thereto as set forth in a San Diego Gas & Electric Company distribution of electricity August 9, 1966 as Instrument No. 128725 of Official Records said land more particularly described therein. 9. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: Not Set Out City of Carlsbad and Joy F. Hoffman and Maryon D. Hoffman an agreement for Improvements in a Public right of way July 26, 1972 as Instrument No. 194226 of Official Records 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: San Diego Gas & Electric Company distribution of electricity July 11, 1974 as Instrument No. 74-154502 of Official Records said land more particularly described therein. 11. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: November 6, 1974 City of Carlsbad and Jay F. Hoffman and Maryon D. Hoffman Improvements in a public right of way November 13, 1974 as Instrument No. 74-300268 of Official Records Page 6 ... -_,.,. File No: 04616534 12. Easements for various utility purposes in, upon, over and across that portion of El Camino Real as vacated as reserved by the County of San Diego in instrument recorded December 21, 1976 as Instrument No. 76-428052 of Official Records 13. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Jay F. and Maryon D. Hoffman Cox California PCS, Inc .. , a Delaware Corporation Memorandum of Lease Agreement November 7, 1996 as Instrument No. 96-0564066 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 14. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded December 5, 1996 as Instrument No. 609629 of Official Records. Reference is made to said document for full particulars. 15. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded October 2, 2001 as Instrument No. 2001-0710483 of Official Records. Reference is made to said document for full particulars. 16. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded September 20, 2002 as Instrument No. 2002-0810060 of Official Records. Reference is made to said document for full particulars. 17. The matters contained in a document entitled "Encroachment Agreement" by and between City of Carlsbad and Jay F. Hoffman and Maryon D. Hoffman recorded October 6, 2003 as Instrument No. 2003-1229935 of Official Records. Reference is made to said document for full particulars. 18. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded April 8, 2004 as Instrument No. 2004-0300272 of Official Records. Reference is made to said document for full particulars. 19. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Jay Franklin Hoffman and Maryon Dooley Hoffman, Co-Trustees U.T.D. October 2, 1984 Verizon Wireless (VAW) LLC, a Delaware limited liability company d/b/a Verizon Wireless Memorandum of Lease April 26, 2006 as Instrument No. 2006-0291322 of Official Records Page 7 File No: 04616534 The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 20. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded June 6, 2006 as Instrument No. 2006-0398659 of Official Records. Reference is made to said document for full particulars. 21. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. 22. Any rights, interests or claims of the parties in possession of said land, including but not limited to those based on an unrecorded agreement, contract or lease. This Company will require that a full copy of any unrecorded agreement, contract or lease be submitted to us, together with all supplements, assignments and amendments, before any policy of title insurance will be issued. 23. 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. 24. 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. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION Page 8 File No: 04616534 REQUIREMENTS SECTION: REQ NO.1: 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 certified copy of its articles of organization (LLC-1), any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles or organization (LLC-10); and C. A copy of the current Statement of Information form (LLC-12) filed with the Secretary of State. Limited Liability Company: Marja Acres, LLC, a California limited liability company Page 9 File No: 04616534 INFORMATIONAL NOTES SECTION NOTE NO. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO. 2: California insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank 530 "B" Street San Diego, CA 92101 ABA # 122-000-496 Credit To: Commonwealth Land Title Company -San Diego County Account #9100899563 RE: 04616534 -675 -LSO PLEASE INDICATE COMMONWEALTH LAND TITLE COMPANY ESCROW OR TITLE ORDER NUMBER NOTE NO. 3: The charges which the company will make for next day messenger services (i.e. Federal Express, UPS, OHL, Airborne, Express mail, etc.) Are $15.00 per letter, standard overnight service, and $25.00 for larger size packages and/or priority delivery services. Such charges include the cost of such messenger service and the company's expenses for arranging such messenger service and its overhead and profit. Special messenger services will be billed at the cost of such services. There will be no additional charge for pick-up or delivery of packages via the company's regularly scheduled messenger runs. Page 10 File No: 04616534 NOTE NO. 4. The charge for a policy of title insurance, when issued through this title order, will be based on BASIC RATE . NOTE NO. 5. THIS COMPANY REQUIRES CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: (a) If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. (b) If this Company cannot obtain a verbal update on the demand, we will either pay off the expired demand, or wait for the amended demand, at our discretion. (c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). Typist: cph Date Typed: April 1, 2008 Page 11 Exhibit B (Revised 11-17-06) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area 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 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 had paid value for the insured mortgage or for the estate or interest insured by this policy. 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 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 of 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 -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices 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. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/22/03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on the 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. File No: 04616534 .... 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. 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. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: Your Deductible Amount 1 °/o of Policy Amount or $2,500 (whichever is less) 1% of Policy Amount or $5,000 (whichever is less) 1 % of Policy Amount or $5,000 (whichever is less) 1% of Policy Amount or $2,500 (whichever is less) Our Maximum Dollar Limit of Liability $10,000 $25,000 $25,000 $5,000 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 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. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE 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 and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the File No: 04616534 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 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 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 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 record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following 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 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. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. File No: 04616534 (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14 ); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. AMERICAN LAND TITLE ASSOCIATION 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, costs, 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. (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; 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 File No: 04616534 (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. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following 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 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. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; {c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. File No: 04616534 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY {10/13/01) 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 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 areas 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 s 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 does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this 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 (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); 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 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 usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7.Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy 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 Date of Policy. 09 _j '~ a, • 0 • ,:J ~,,,,·51,,., :,J.80 ~ SAN D4EGO COUNTY ASSESSOR'S MAP -$- } ~~ .. .. ;i () N " '\. ~ ~ ~ ~ BOOK 207 PAGE 10 SHT 2 OF 2 DETAiL ~C .. SCALE; I" 200' OPEN SPACE '. ~ :1 ·-:~ /' l I~ ¾! ~ -·~ ,~r-z--,. . '~ ~•c .• ., :·• ,~ •. ..a. ""-..,, , _ ·. ,..~ .. ,~-·:-.. ~~e-, ·"' '~ .. ,.s,¢ ,;~ ~. ;-~: . ~ ....... ·. @ DETAIL B ',.·,_. NO SCALE SHT 2 0 70.20 AC OPEN SPACE -$- cr, THIS MAP WAS PREPARED FOR ASScSSMENT PURPOSES ONLY. NO LIABILITY IS ASSUIIED FOR THE ACCURACY OF TIE DATA SH0\1/N. ASSESSCR'.S PARCELS MAY NOT COl.f'LY WITH LOCAL SUBOMSION OR BUILDING ORDINANCES. 1• PAR 1 SSE MAP 2720-37-19 2• PAR 1 SBE MAP 2748-37-83 ~ PAR 1 SBE MAP 2720-37-JS S. SEE DOC 02-079527 FOR BEARINGS a. DISTANCES MAP 5671-LAGUNA RMERA UNIT NO. 1 MAP 823-RHO AGUA HEDIONDA-POR LOT I 4/27/2004 SM CANC I \ _. ,----r1 ·--· I 101 101 2074 5510 MM 231, ROS 3786,4484,4852,5289,5414,9017,9564,9860,10874,12164 . / \