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Home My WebLink AboutCUP 16-03; Abstract Ale Works; Conditional Use Permit (CUP)Deed of Trust and Assignme: f Rents and Leases, with Exhibit A -f Page 14 of 57 \... City or c:arlslJad APPLICATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Pt::xt;;lopme n t Seryic§L~ Planning Division 1635 Faraday Avenue (760) 502-4610 www.carlsbadca.gov Development Permits (FOR DEPT USE ONI \1 Legislative Permits (FOR DEPT. 'JSE ONLY) 0 Coastal Development Permit(') 0 Minor [iJ Conditional Use Permit (') \1inor 0 Extension 0 Day Care (Large) 0 Environmental Impact Assessment 0 Habitat Management Permit OM1nor [J Hillside Development Permit(') 0 Minor 0 Nonconforming Construct1on Permit 0 Planned Development Permit 0 M1nor 0 Residential 0 Non-Residential [] Planning Commission Determination 0 Reasonable Accommodation 0 Site Development Plan 0 Special Use Permit 0 M1nor 0 Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) 0 Variance 0 Minor I ' i i I ! --j I I I R B 0 General Plan Amendment 0 Local Coastal Program Amendment(.) 0 Master Plan 0 Specific Plan 0 Zone Change (') 0 Amendment 0 Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major Village Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major n::: eligible for 25% discount EJ NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITIED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITIED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S). 213-050-06-00 ------------------------------------------------------------------------ PROJECT NAME: Abstract Ale Works ----------------------------------------------------------------------- BRIEF DESCRIPTION OF PROJECT Microbrewery and Tasting Room --------~------------------------------------------------------ BRIEF LEGAL DESCRIPTION. Lot 11 of Carlsbad Tract No.73-49, CC7F Palomar Airport Business Park Unit No.1 Map 8054 LOCATION OF PROJECT: 6350 Yarrow Drive, Suite C. Carlsbad CA 92011 STREET ADDRESS ON THE East (NORTH, SOUTH, EAST, WEST) BETWEEN Camino Vida Roble (NAME OF STREET) SIDE oF Yarrow Drive AND Corte De La Pina V(V!LC[21 (NAME OF STREET) (NAME OF STREET) I /1 () t{l./('1 I I?· I i;/ ( ' I / j;y!.--( I { Rev.sed C•7'15 L '--'-__ 1."1 r-..... n '' r Deed of Trust and Assignmen ·Rents and Leases, with Exhibit A -fY Page 13 of 57 OWNER NAME <(r-e:rw-trleY /(,a~{. iLL: APPLICANT NAME (Print): Matthew Zirpolo (Print): MAILING ADDRESS: .f$ J' 0 /t.lt~a~ t.-{4{( .IJ. z::? 3 MAILING ADDRESS: 1592 Chert Drive CITY, STATE, ZIP:~ .. 7)1~1> C:::::k 1_ 2-/~/ CITY, STATE, ZIP: San Marcos, CA, 92078 J (760) 473-5403 TELEPHONE: 8_£_/(_-b 'f/-'2-(_ 0 ~ TELEPHONE: EMAIL ADDRESS: h(.::.@ ~~ i -scL., Com EMAIL ADDRESS: matthew@abstractaleworks.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. ~RTH HER~ MY AUTHORIZED REPRESENTATIVE FOR ~Y.TZ LIGATION. ~~ lf-. /~ ~~ Ht..1'r~ 4/14/16 4/14/16 ~ ~--I SIGNATURE /f ( v DATE SIGNATU ---~ DATE APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 4/14/16 SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/V'JE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICrl N~UN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. I/ / }__../~ 1f-hA ~rv-r:lpY ~ fllld'~//1 i--LL 6 ~ J~ Jvfa UA~ /; f 't, / b PROPERTY 0 NER SIGNA URE / r FOR CITY USE ONLY APR 1 4 2016 ( '! rv '\ J P .. r . , :.J DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 6 Revised 07115 Deed of Trust and Assignme1 f Rents and Leases, with Exhibit A -f Page 8 of 57 "--(~ityof Carlsbad DISCLOSURE STATEMENT P-1 (A) De l!_?_j_Qp_ men t S_~_r_ v (~ e s Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will! require discretionary action on the part of the City Council or any appointed Board, Commission I or Committee. I The foiiowing information MUST be disciosed at the time of applicatton 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 documE~nt: however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-AF)PLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/PartAbstract Ale Works Title TitleSee Attached Exhibit A Address ___________ _ Address ______________ __ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresse~th cor~r officers. (A separate page may be attached if necessary.) Person I ~ corp/Part Transborder Kiffmann, LLC Address ___________ _ Title ______________ _ Address rf 'Jf'D /11 v-z:;#t£--v J.L~!( .JI-2;_3 ;;avr j)fiffv; cA-tf2--/2J' Page 1 of 2 Revised 07/10 Deed of Trust and Assignme1 :·Rents and Leases, with Exhibit A -f: Page 7 of 57 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 mom than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? DYes /v/ No If yes. please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. 11~;Jify that all the a~?Jve information is true and correct to the be~~-~~-~~-~nowledge. . 1 /"// L~-11 J! <' 11 /---z ~-~----<-1 / 1// L ./U4J1W V/g1rJvyU;'1/·'-1(7£~[Yv··· .. / 2~-·-=~-~--· · __ ..-? I;! :S /t (?? Signature of ov.; r/date ' Signature of applicant/date /1 I 1 _ , f ;7 ;r..{x_ v4fo{c:n----tp_--i_mtt~/~/Vff 1tAPt-vf1 / e£-_M_a_t_th_e_w_Z_ir_:_p_o_lo ______ _ Print or type name:J--/!.::.r.~~ !c[l~tA.vt ~nt or type name of applicant Y/ff(;(; Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07i1 0 Deed of Trust and Assignme1 :·Rents and Leases, with Exhibit A -f: Exhibit A Name: Anthony Tallman Title: Managing Member Address: 3410 Garfield St. Carlsbad, CA 92008 Name: Matthew Zirpolo Title: Managing Member Address: 1592 Chert Drive San, Marcos, CA 92078 Name: Derek van Leeuwen Title: Managing Member Address: 918 Bloomfield Ave. San M3rco, CA 92078 Page 6 of 57 (City of Carlsbad PROJECT DESCRIPTION P-1 (B) PROJECT NAME: Abstract Ale Works APPLICANT NAME: Abstract Ale Works, LLC Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: This application for a Conditional Use Permit at 6350 Yarrow Drive Suite C, is to allow applicant (Abstract Ale Works) onsite, sales and consumption of alcoholic beverages (Specifically Beer). Due to the zoning map, the applicant is permitted by right in the city of Carlsbad to manufacture and store alcoholic beverages. This proposed CUP will allow onsite sales of products solely manufactured onsite. Hours of operation will be dictated by the Alcoholic Beverage Control (ABC) and will be kept within reasonable means. However, our proposed hours will be Monday - Thursday 3-9pm, Friday 3-'10pm, and Saturday-Sunday 11-10pm. This tasting room will be no larger than 2,000 sq. ft. and comply with all state and city building codes for its intended use. The other 3 suites at 6350 Yarrow Drive are typical warehouse uses that close by 5pm on weekdays and are not operating on weekends. There will be no vehicles parked onsite overnight. Deed of Trust and Assionme1 f Rents and Leases, with Ex hi bit J\ -f Pa e 5 of 57 HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1 (C) Q~_I!_!:;_[QP..!IJ. er]_i__!?_f!. r vi.£ e s Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): }8j 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. 0 The development project and any alternatives proposed in th1s application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Address: t.:;::>?S'O j~.Ov-) 1?'Q:-. S-.J'~ (_ Address: SZ-t:)O t4\~M~ ~). ~~~ c~ .::~-z-o,, ~ ~-::x~D, C(:::.. ~-.:z..''-' • Phone Number: %0 -<05"1. --::t'-\59 Phone Number: Lt\4. -4Jo~ -3C,Pco Address of Site: <P3S0 i!~~~ ~-~ lJ1,:. C r Cf'fi:L-SY,.Y 1 C~ CfZ,..(:Jt ( Local Agency (City and County): (8efik ~-. O'f E';:~\~~~ \-\~~ l s~ V\~ Assessor's book. page, and parcel number:_~Z."""-\_,_~.L~_--_0-=-~$~0_ ... ·-_-_-o=··-=--(o-=------=0=--0=-=----------- Specify list(s): _______________________________ _ Regulatory Identification Numt)er: _________________________ _ The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Re'lised 02113 (.City of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1 (E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-10. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 ATTACHMENT "1" I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER ~ IhL--LT-t~ APPLICANT OR P-21 Page 3 of 6 Revised 04/15 -@Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 921 OS Phone: (619) 521-3500 • Fax: (619) 521-3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 12207489-993-SDZ-CFU AVCAM, Inc. 10951 Sorrento Valley Rd. #2A San Diego, CA 92121 ATTN: Alex Zirpolo Email: alex@avcaminc.com Ref: Escrow/Customer Phone: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3555 Title Officer Fax: (619) 521-3608 Title Officer Email: cyr-franklin@ctt.com PROPERTY: 6350 YARROW DR., CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions 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 Attachment One. 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 CCTA and AL7~4 Homeowner's Policies ()[Title Insurance which establish a Deductible Amount and a lvlaximum Dollar Limit()[ Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose offacilitating the issuance ()[a policy of title insurance and no liability is assumed hereby. !fit is desired that liability be assumed prior to the issuance of' a policy ()[title insurance, a Binder or Commitment should be requested. 7he policy(s) of title insurance to be issued hereunder will be policy(~) of Chicago Title Insurance Company, a Nebraska Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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. Chicago Title Company By By~ Randy Ou-nk Ptes.ldtnt Attest Authorized Signature CLTA Preliminary Report Form-Modified (11/17/06) Page I -®Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE: April4, 2016 at 7:30a.m. ORDER NO.: 12207489-993-SD2--CFU The form of policy or policies of title insurance contemplated by this report is: CL T A Standard Coverage Owners Policy (04-08-14) I. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: TRANSBORDER KIFF!VIAN, LLC, a California limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form-Modified (11117/06) Page 2 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 12207489-993-SD2-CFU THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT II OF CARLSBAD TRACT NO. 73-49, CC&F PALOMAR AIRPORT BUSINESS PARK UNIT NO. I, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8054 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 31, 1974. APN: 213-050-06 CLTA Preliminary Report form-Modified ( 11117/06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS Chicago Title Company ORDER NO.: 12207489-993-SD2-CFU AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 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 2016-2017. B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. I. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Buena Sanitation District sewer lines and appurtenances September 21. 1965 as Instrument No. 171355 of Official Records The route thereof affects a portion of said land and is more fully described m said document. And as shown on said Map No. 8054 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Marcos County Water District sewer lines and appurtenances \1arch 28, 1969 as Instrument No. 54499 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 3. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restnctiOn is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. !October I. 1974 as Instrument No. 74-263897 of Official Records Note: Section I 2956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should reqm:st a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. CLTA Preliminary Report Form~ Modified (11117/06) Page 4 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 12207489-993-SD2-CFU EXCEPTIONS (Continued) Modification(s) of said COV(!nants, conditions and restrictions Recorded:. December 31. 1974 as Instrument No. 74-337587 of Official Records Modification(s) of said covenants, conditions and restrictions Recorded:. June I, 1977 as Instrument No. 77-212678 of Official Records Modification(s) of said covenants, conditions and restrictions Recorded:. June 27, 1977 as Instrument No. 77-252979 of Official Records 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress July 29. 1975 as Instrument No. 75-197492 ofOfficial Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The Pacific Telephone and Telegraph Company public utilities, ingress, egress ~;eptember II, 1975 as Instrument No. 75-245674 of Official Records the Northerly I 0.00 feet of the Westerly 5 feet 6. 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 and Electric Company public utilities, ingress, egress I\lovember 4, 1975 as Instrument No. 75-308588 of Official Records The exact location and extent of said easement is not disclosed of record 7. An easement for drainage purposes along the Southerly 20 feet of said land as disclosed by an inspection. 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The City of Carlsbad pedestrian and equestrian access and for the maintenance thereof ]vi arch 8, 1976 as Instrument No. 76-067033 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 9. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: Dated: Trustor: Trustee: $2,000,000.00 December 3, 2012 Transborder Kiffmann, LLC, a California limited liability company UnionBanCal Mortgage Corporation, a California corporation CLTA Preliminary Report Form-Modified ( 11/17/06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: Beneficiary: Recorded: Union Bank, N.A. EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 12207489-993-SD2-CFU ]December 11 2012 as Instrument No. 2012-0775773 of Official Records I 0. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Subordination Non-Disturbance and Attornment Agreement Transborder Kiffmann, LLC ]Innovative Biosciences Corporation, a California corporation May 21,2013 ;20 13-0319975 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. II. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Non-Disturbance and Attornment Agreement Transborder Kiffmann, LLC CPEC Group, Inc., a Canadian corporation May 21,2013 ;20 13-0319976 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. 12. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Subordination Non-Disturbance and Attornment Agreement Transborder Kiffmann, LLC 2XU North America, a California limited liability company July II, 2013 ;2013-0433564 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. 13. Any right, interest or claim that may exist, arise or be asserted against the Title under or pursuant to the Perishable Agricultural Commodities Act of 1930, as amended, 7 USC 499a et seq., the Packers and Stockyard Act of 192 I, as amended, 7 USC I 8 I et seq., or any similar state laws. 14. Water rights, claims or title to water, whether or not disclosed by the public records. 15. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. CLTA Preliminary Report Form-Modified (11117/06) Page 6 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 12207489-993-SD2-CFU 16. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require., for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CL TA Preliminary Report Fom1-Modified ( 11117/06) Page 7 PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 12207489-993-SD2-CFU 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: TRANSBORDER KIFFMAN, LLC, a California limited liability company a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF REQUIREMENTS CLTA Preliminary Report Form-Modified (11/17/06) Page 8 PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 12207489-993-502-CFU 1. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: 213-050-06-00 2015-2016 $4,062.90 paid $4,062.90 paid None 09018 2. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/gp CLTA Preliminary Report Form-Modified (I I/17/06) Page 9 FlllELITY NATIONAL Fll\ANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing real estate-and loan-related services (collectively, "FNF', "our'' or '·we") respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal lnfom1ation will only be used in ways that are in compliance with this Privacy Notice. The provision of this Privacy Notice to you docs not create any express or implied relationship, or create any express or implied duty or other obligation, between Fidelity National Financial, Inc. and you. See also No Representations or \Varranties below. This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF, including collection through any FNF website and any online features, services and/or programs offered by FNF (collectively, the "Website''). This Privacy Notice is not applicable to any other web pages, mobile applications, social media sites, email lists. generic information or Personal Information collected and/or owned by any entity other than FNF. How Information is Collected The types of personal information FNF collects may include, among other things (collectively, '·Personal Information''): (I) contact information (e.g., name, address, phone number, email address); (2) demographic information (e.g., date of birth .. gender marital status); (3) Internet protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student lD (SIN). driver's license, passport, and other government ID numbers; (5) financial account information; and (6) information related to offenses or criminal convictions. In the course of our business. we may collect Personal Information about you from the following sources: • Applications or other forms we receive from you or your authorized representative: • Information we receive from you through the Website; • Information about your transactions with or services performed by us, our affiliates, or others: and • From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others. Additional Ways Information is Collected Through the Wehsite Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This infonnation may include IP address, browser language. browser type, operating system, domain names. browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs. and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other third parties may send a "cookie" to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive and that can be re-sent to the serving website on subsequent visits. A cookie. by itsel[ cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself~ does not damage your system. We, our advertisers and other third parties may use cookies to identity and keep track of, among other things. those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of the Website may be impaired or not function as intended. See the Third l'artv Opt Out section below. Privacy Notice EtTective May 1, 2015 Web Beacons. Some of our web pages and electronic communications may contain images, which may or may not be visible to you. known as Web Beacons (sometimes referred to as ''clear gifs"). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Partv Opt Out section below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others. Third Party Opt Out. Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non-personally identifiable information (e.g.. click stream information. browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non-personalized infonnation about your online usage activity. You can opt-out of certain online behavioral services through any one of the ways described below. After you opt-out, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you. • You can opt-out via the Network Advertising Initiative industry opt-out at http://www.networkadvertising.org/. • You can opt-out via the Consumer Choice Page at http://w\\ \\ .aboutads. info. • For those in the U.K., you can opt-out via the lAB UK's industry opt-out at http://\\\\\\.\'OUronlinechoices.com. • You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies. More information can be found in the llelp system of your browser. Note: If you opt-out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt-out again. Use of Personal Information lnfom1ation collected by FNF is used for three main purposes: • To provide products and services to you or one or more third party service providers (collectively, "Third Parties") who are obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services that we perf(Jrm for you or for Third Parties. • To communicate with you and to inform you about FNF's. FNF's affiliates and third parties' products and services. When Information Is Disclosed By FNF We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as pern1itted by law. without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • • • • To agents. brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud. material misrepresentation, or nondisclosure in connection with an insurance transaction; To third-party contractors or service providers who provide services or perform marketing services or other functions on our behalf; To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders: and/or To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in the good-faith belief that such disclosure is necessary to: (I) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other inforn1ation provided by you violates the rights of third parties; or ( 4) protect the rights. property or personal safety ofFNF, its users or the public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non- Personal Information to our subsidiaries, affiliated companies, and other businesses or persons tor the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry-standard manner, and we usc reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own Privacy Notice. We do not however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. We also reserve the right to disclose Personal Information and/or non- Personal Information to take precautions against liability, investigate and defend against any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights, property. or personal safety of FNF, our users or others. We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets. We also cannot make any representations regarding the usc or transfer of your Personal Information or other intorn1ation that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment tor the benefit of creditors, and you expressly agree and consent to the usc and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, \Ve cannot and will not be responsible tor any breach of security by any third parties or for any actions of any third parties that receive any of the infonnation that is disclosed to us. Information From Children We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically. the Website is not intended or designed to attract children und<~r the age of thirteen ( 13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions. obligations. affirmations. representations, and warranties set forth in this Privacy Notice EfTective May I, 20 15 Privacy Notice. and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT 1:\TENllED FOR CHILllREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children -or others -in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet. Privacy Outside the Website The Website may contain various links to other websitcs, including links to various third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-Personal Information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them. European lfnion Users If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use tor any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. Choices With Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that arc incompatible with the purpose(s) for which it was originally collected or tor which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice. Furthermore. even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent of FNF. As described above. there are some uses from which you cannot opt-out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by FNF to the extent that provision of your Personal ln!orn1ation is required to apply tor an open position. If FNF collects Personal Information from you, such information will not be disclosed or used by FNF for purposes that are incompatible with the purposc(s) tor which it was originally collected or f(Jr which you subsequently gave authorization unless you affirmatively consent to such disclosure and use. You may opt out of online behavioral advertising by following the instructions set forth above under the above section ''Additional Ways That Information Is Collected Through the Website," subsection "Third Party Opt Out'" Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of that ini(Jrmation in our records. please contact us in the manner specified at the end of this Privacy Notice. We ask individuals to identity themselves and the infom1ation requested to be accessed and amended before processing such requests. and we may decline to process requests in limited circumstances as pem1itted by applicable privacy legislation. Your California Privacy Rights Under California's "Shine the Light" law. California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household usc are entitled to request and obtain from us once a calendar year information about the customer infom1ation we shared. if any. with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer inf<mnation and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g .• requests made in 2015 will receive information regarding 20 14 sharing activities). To obtain this information on behalf of FNF, please send an email message to privacyrafhf.com with ''Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the ''Shine the Light" requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from time to time, California's Online Privacy Protection Act requires us to disclose how we respond to "do not track'" requests and other similar mechanisms. Currently, our policy is that w~ do not recognize ''do not track'' requests from Internet browsers and similar devices. FNF Compliance with California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNct ("CCN"). FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer for fulfilling a service to that mortgage loan servicer. For example. you may access CCN to complete a transaction with your moiigage loan servicer. During this transaction, the information which we may collect on behalf of the mortgage loan servicer is as follows: • First and Last Name • Property Address • User Name • • • • • • Password Loan Number Social Security Number-masked upon entry Email Address Three Security Questions and Answers IP Address The information you submit is then transferred to your mortgage loan servicer by way ofCCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. Privacy Notice Effective: May 1, 2015 CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of the FNF Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Personal Information and Access and Correction. If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. No Representations or \Varranties By providing this Privacy Notice, Fidelity National Financial, Inc. does not make any representations or warranties whatsoever concerning any products or services provided to you by its majority-owned subsidiaries. In addition. you also expressly agree that your use of the Website is at your own risk. Any services provided to you by Fidelity National Financial, Inc. and/or the Website are provided ''as is" and ''as available" for your use. without representations or warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Fidelity National Financial, Inc. makes no representations or warranties that any services provided to you by it or the Website. or any services offered in connection with the Website are or will remain uninterrupted or error-free, that defects will be corrected. or that the web pages on or accessed through the Website, or the servers used in connection with the Website, are or will remain free from any viruses. worms, time bombs, drop dead devices, Trojan horses or other harmful components. Any liability of Fidelity National Financial. Inc. and your exclusive remedy with respect to the use of any product or service provided by Fidelity National Financial, Inc. including on or accessed through the Website, will be the re-performance of such service found to be inadequate. Your Consent To This Privacy Notice By submitting Personal Information to FNF, you consent to the collection and use of information by us as specified above or as we otherwise see fit in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect information from you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and infom1ation collected from you in the future. We may usc comments. infom1ation or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments. please let us know by sending your comments or requests to: Fidelity National Financial, Inc . 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Oflicer (888) 934-3354 privacy@fnCcom Copyright (c) 2015. Fidelity National Financial. Inc. All Rights Reserved. EFFECTIVE AS OF: MAY I. 2015 Notice of Available Discounts Pursuant to Section 2355.3 in Titlle I 0 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the dat(: of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 1-10-20 I 0 ATTACHMEi\T ONE CALIFORNIA LAND TITLE ASSOCIATIOL\ STANDARD COVERAGE POLICY-1990 EXCLlJSIOi\S 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 pared 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 unenforccability 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-SCHEDlLE B, PART I This policy docs not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. 2. 3. 4. 5. 6. 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. 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 Easements, liens or encumbrances, or claims thereof: not shown by the public records. 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. (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. Any lien or right to a lien for services. labor or material not shO\m by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA H0\1EOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule 8, You arc not insured against loss. costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use: Attachment One (4-2-15) CA & NV d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20,23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, S.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area 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 II or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination. explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16. 18. 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% %of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% %of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLtTSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $ 10,000.00 $ 25.000.00 $25,000.00 $ 5.000.00 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: I. (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 I (a) docs not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I (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: Privacy Notice Effective May I. 2015 (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 I I, 13 or 14 ); or (c) 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 l3(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 I I (b). The above policy form may be issued to afTord 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 (Except as provided in Schedule B-Part II.( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (PART I (The above policy form may be issued to afTord either Standard Coverage or Extended Coverage. ln addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: l. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services. labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule. the Title is subject to the following matters. and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLliSIOl'\S 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, suflered, 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 l 0); or Privacy Notice EtTective: May 1, 2015 (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' tees or expenses, that arise by reason ot: (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: I. (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 in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereoC not shown by the Public Records. 4. Any encroachment. encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a). (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) ALTA EXPA:\DED COVERAGE RESIDENTIAL LOA:\ POLICY (04-02-15) EXCLlTSJO!\'S FRO:VI 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: I. (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, 6, 13( c), 13( d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, I3(c), l3(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Detects, 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 docs not modify or limit the coverage provided under Covered Risk 11,16, 17.18, 19,20,21,22.23,24,27or28);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury. or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity. unenti.Jrceability or lack of priority ofthe lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk II. 7. Any lien on the Title tor real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion docs not modify or limit the coverage provided in Covered Risk ll(b) or 25. Privacy Notice Effective: May I, 2015 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer. or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. I 0. Contamination, explosion, fire, flooding, vibration, fracturing. earthquake. or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals. water, or any other substances. Privacy Notice EfTective May I, 2015 til-~I-< I 09 0 .... .... ':1' 0 ID .. 0 I» .... :I § Q. I Q. 1'1 ID OJ "2. n .... ID Q. m )( n ID "C gl .... ':1' ID ID )( .... ID :I .... I» "C 0 i ~ ~-< J 0 !-.. f e. .... !-~ ID :1 il ~ 1: ' .., ; I» ~ :I 1'\ fa <F" A..tf,_., #P'@ ~ '<.:!Y SAN OIEGO tnMN ............... 8()01( :til PJ.G£. OS @ """·' S!l E. MIJ' .2'19·3-1·43 ® ~rM~~~~..l!'.!'!W.~ WAY NOJ OOM'LY Wlltt UlrA. &.J!lliV:I!C*I (JII ~ail'iiitCls . L TOv.t-IGARilEN Rll ~ ~.::.:\ SHT 1 ,-!'~) tt,, ST c•.~ ~ '? : ..;;. ~·' DETAIL "A" 1"•5tf tr /:~J ~~~ """'"' .......... """""' DETAIL 'o' NO SCAU: 1t PAR 1 SUE UAP 27%2-37-1 2•CCf.100 PAlOMAR i4 DOC20J7.Q571682 (9ili.SHT21 213-05 l SHT1 OF2 » 1'=400' tfJ e tzt1!11Gf1 ..as./ CHANGES CUT #f$ iil'a~f"jijj """""''"" , ........ ~ IN*!RhiP 1 f~T IIIJI ,., ~ i=.~illftl31 ··-loti'""' ,. ~lit 5&lll , ~ 00 4743 » f 01" 0! «118 1S ~~ 07 4182 4-a:S 41$4:48 C7 1771 :t1 l~f.i w Ml MAP 10449-CARLSBAD TCT NO 81·38(CONDO) MAP9389-CARLSBAD TRACT N0.79·1 MAP8418-CARLSBAD TRACT N0.73-4~ UNIT N0.2 MAP 823-RHO AGUA HEOIONClA ROS 6493 City of Carlsbad Faraday Center Faraday Cashiering 001 1610501-2 04/14/2016 149 Thu, Apr 14, 2016 03:13PM Receipt Ref Nbr: R1610501-2/0042 PERMITS -PERMITS Tran Ref Nbr: 161050102 0042 0044 Trans/Rcpt#: R0116570 SET #: CUP16003 Amount: It ern Subtota 1 : Item Tot a 1: ITEt~(S) TOTAL: Check (Chk# 3006) 1 @ $4,907.58 $4,907.58 $4,907.58 Credit Card (Auth# 011418) Total Received: $4,907.58 $4,567.00 $340.58 $4,907.58 Have a nice day! ************~*CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111111111111111111111111111111111111111111111111111 Applicant: ZIRPOLO MATTHEW Description Amount CUP16003 4,907.58 Receipt Number: R0116570 Transaction ID: R0116570 Transaction Date: 04/14/2016 Pay Type Method Description Amount Payment Check 4,907.58 Transaction Amount: 4,907.58 -~ L', . ' , /