HomeMy WebLinkAboutCUP 2018-0008; COASTAL ANIMAL HOPSITAL; Conditional Use Permit (CUP)~ r ------------.... .,,---------------
-·(__ Cicy of
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carfsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
D Coastal Development Permit OMinor
~ Conditional Use Permit
~Minor D Extension
D Day Care (Large)
D Environmental Impact Assessment
D Habitat Management Permit 0Minor
D Hillside Development Permit D Minor
D Nonconforming Construction Permit
D Planned Development Permit D Minor
0 Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
D Site Development Plan
D Special Use Permit
OMinor
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance D Minor
(FOR DEPT. USE ONLY) Legislative Permits
C,IJl'to lt •
ooo~
D General Plan Amendment
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
D Zone Change
□Amendment
□-Amendment
0 Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
D Administrative D Minor O Major
Village Review Area Permits
D Review Permit
D Administrative D Minor O Major
(FOR DEPT. USE ONLY)
E
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMEN"r. PLEASE CONTACT THE APPOINTMENT SPECIALIST
AT (760) 602-2723 TO SCHEDULE AN APf'OINTMENT.
•SAME DAY APPOINTMENTS ARE NOT AVAILABLE
ASSESSOR PARCEL N0(S): 16 7-030-7 4-00 ----------------------------------LO CAT 10 N OF PROJECT: 2584 El Camino Real Ste A-1, Carlsbad 92008
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
(STREET ADDRESS)
Coastal Animal Hospital
Small animaJ veterinary hospital -day practice (not 24 hours)
300,000 ESTIMATED COMPLETION DATE October 2018
Development No. D f.\) to\~ · 00 ~ 5 Lead Case No. c..uP i-o~ -0008
P-1 Page 1 ofS Revised 03/17
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OW~ER NAME (PLEASE PRINT)
INDIVIDUAL NAME
(ir applicable):
COMPANY NAME
(ifapplicable): Carlsbad Plaza, LLC
MAILING ADDRESS: 23 Corporate Plaza, Ste. 245
CITY, STATE, ZIP: Newport Beach. CA 92660
TELEPHONE: 949-759-9531 -------------EM A IL ADDRESS: whughes@hughesinv.com
APPLICANT'S REPRESENTATIVE (Print): Brian Evans, DVM
APPLICANT NAME
INDIVIDUAL NAME
(if applicable):
COMPANY NAME
(PLEASE PRINT)
(if applicable): Coastal Animal Hospital
MAILING ADDRESS: 434 N. Coast Highway 101 ---------'----------CI TY, STATE, ZIP: Encinitas, CA 92024
TELEPHONE: 760-846-6649
EMAIL ADDRESS: brian@sdcoastalanimal.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
SIGNATURE DATE
---------------------------MA I LING ADDRESS: 434 N. Coast Highway 101
CITY, STATE, ZIP: Encinitas, CA 92024 ----------------------------------TELEPHONE: 760-846-6649 ----------------------------------EM A IL ADDRESS: brian@sdcoastalanimal.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION ANO THAT ALL THE ABOVE
INFORMATION RUE AND CORRECT TO THE BEST OF MY
KNOWL .
3-1-2018
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. IN.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 HfS PROPERTY IF CONDITIONED FOR THE APPUCANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND TEREST.
CARLSB ~"""'~_Vl,~1 limited liability company
Will • Member
MAY 04 2018
DATE Ji-AMP'Ap~LJCAtfdN RECEIVED
RECEIVED BY:
P-1 Page 2 of6 Revised 03/17
.,
-(_ Cicyof
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbadca.gov R~ r;:':'•,rr·f'I
-'-J . -) ',,./ --:...J
CITY or:· CJ-\F~L 0 J:/\D
';:JI , 1 1 ! 1 It Ir-r, I / i · · 1 • • 1 l
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 combtnation acting as a unit"
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the appficant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership.
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Brian Evans Corp/Part Evans Mobile Veterinary Care
Title President Title --------------Address 434 N. Coast Highway 101, Encinitas, CA 92024Address Same ------------
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 (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.)
PLEASE SEE ATTACHED PAGE
Person___________ Corp/Part. ___________ _
Title ___________ _ Title --------------
Address ----------Address -------------
Page 1 of 2 Revised 07/10
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3. NON-PROFIT ORGANIZATION OR TRUST
ff any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust.________ Non Profit/Trust ___________ _
Title ------------Title _____________ _
Address Address _________ _ ------------
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
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
CARLSBAD PLAZA,
a C f Ja l,,.., .... .,,~.,...,
~.rA.'.J?.?
Signature of owner/
William W. Hughes,
Managing Member
Print or type name of owner
Brian Evans
Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page2 of2 Revised 07110
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W. and L. Hughes Living Trust
Limited Partner
23 Corporate Plaza Drive, Suite 245
Newport Beach, CA 92660
Waken limited Partnership
limited Partner
1120 Fallen Leaf Road
Arcadia, CA 91006
Jean M. Crabtree Family living Trust
Limited Partner
1332 Westhaven Road
San Marino, CA 91108
....,
'
C
HUGHES INVESTMENTSSM
SHOPPI.NG CENTERS
May 4, 2018
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Carlsbad Plaza Shopping Center
CUP Application of Evans Mobile Veterinary Care
2584-A El Camino Real, Carlsbad, California
To Whom It May Concern:
Please be advised that William W. Hughes, Jr. is the Managing Member of Carlsbad Plaza, LLC,
a California limited liability company. As such, Mr. Hughes is the authorized officer to sign
documents on behalf of Carlsbad Plaza, LLC, a California limited liability company. Attached
for your information is a copy of the most recent Statement of Information filed by Carlsbad
Plaza, LLC, showing Mr. Hughes as the Manager.
Be): regards, . , r/4,'}t-4 {). '4-fzc-L'H~ (l~'--
Cindy A. 4toltrnan
Enclosure
23 CORPORATE PLAZA • SUITE 245 • NJ<~WPORT BEACH, CA »2660
P.O. BOX 8700 • NEWPORT BEACH, <'A 0261HW1'700
PHONE (949) 75~9531 • FACSIMILE (949) 759-8531 • WWW.HUGHESINV.COM
Secretary of State
Statement of Information
(Limited Liability Company)
IMPORTANT -Read instructions before completing this form.
Filing Fee -$20.00
Copy Fees -First page $1.00; each attachment page $0.50;
Certification Fee • $5.00 plus copy fees
LLC-12 18-848478
FILED
In the office of the Secretary of State
of the State of California
APR 26, 2018
This Space For Office Use Only
1. Limited Liability Company Name (Enter the exact name of the LLC. If you registered in California using an alternate name, see instructions.)
CARLSBAD PLAZA LLC
2. 12•Dlglt Secretary of State File Number
199710510003
3. State, Foreign Country or Place of Organization (only if fooned outside of California)
CALIFORNIA
4. Business Addresses
a. Street Address of Principal Office. Do not ~st a P.O. Box City (no abbrev aliens) State ZpCode
23 Corporate Plaza, Suite 245 Newport Beach CA 92660
b. Mailing Aadress of LLC, If different than Item 4a City (no abbreviations) State Z,p Code
23 Corporate Plaza, Suite 245 Newport Beach CA 92660
c. Street Address or California Olfrce, if Item 4a is not in Califomia •Dono! list a P.O. Box City (no abbreviations) Slate Z,p Code
23 Corporate Plaza, Suite 245 Newport Beach CA 92660
5. Manager(s) or Member{s)
If no managers have been appointed or elected, provide the name and address of each member. At least one name !!!!! address
must be listed. If !he manager/member is an individual, complete Items 5a and 5c (leave ttem 5b blank). If the manager/member is
an entity, complete llems Sb and Sc (leave Item Sa blank). Note: The LLC cannot serve as its own manager or member. If the LLC
has additional managers/members, enter the name(s) and addresses on Fonn LLC-12A {see instructions).
a. First Name, if an individual • Do not complete Item 5b I Middle Name I LaslName I Suffix
William w. Hughes, Jr.
b. Entity Name • Oo not complete Item Sa
c. Address I City (no abbreviations) I State I Z p Code 23 Corporate Plaza, Suite 245 Newport Beach CA 92660
6. Service of Process (Must provide either Individual OR Corporation.)
INDIVIDUAL-Complete Items 6a and 6b only. Must include agent's full name and California street address.
a. California Agent's First Name (if agent is not a corporation) Middle Name I last Name I Suffix
William w. Hughes,Jr.
b. Street Address ;:f ptnt ·snot a corporal-on). Do not enter a P.O. Box 23 Corporate laza, Suite 245 City (no abbreviations)
Newport Beach I State I Zig Code CA 2660
CORPORATION-Comp:ete Item 6c only. Only include the name of the registered agent Corporation.
c. Cahforrna Reg,slered Corporate Agest's Name (if agent is e corporation) -Do not complete ltsm Sa or Sb
7. Type of Business
a. Describe the type of bus.ness or serv:ces cf the Limited Liability Company
Shopping Center Ownership/Operation
8. Chief Executive Officer, If elected or appointed
a. First Name Middle Name l LaslName I Suffix
William w. Hughes, Jr.
b. Address City (no abbreviations) I Slate I Zip Code 23 Corporate Plaza, Suite 245 Newport Beach CA 92660
9. The Information contained herein, including any attachments, Is true and correct.
04/26/2018 Eliot B. Hayes Chief Financial Officer
Oate Type or Print Name or Person Completing the Form Tille Signatuie
Return Address (Optional) (For communication from the Secretary of State related to this document, or if purchasing a copy of the fded document enter the name of a
person or company and the mailing address. This infonnallon will become public when filed. SEE INSTRUCTIONS BEFORE COMPLETING.}
Name: r
Company:
Address:
City/StatelZip: L
LLC-12 (REV 01(2017) Page 1 of 1
1
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• •· .. f"'. ,_ I'\ .. c:
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MAY 04 2018
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' www.sos.ca.gov/business/be
{ City of
Carlsbad
PROJECT DESCRIPTION
P-1(8)
PROJECT NAME: Coastal' Animal Hospitar
APPLICANT NAME: Coastal Animal Hospital
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 appfication. Use an addendum sheet if necessary.
Description/Explanation:
P-1(8)
RECFIVED
MAY 04 2018
CITY Ct-(J\F<LSBAD
PLANr,m~(j UIVl'.::,lON
Page 1 of 1 Revised 07/10
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Project Name: Coastal Animal Hospital
Applicant Name: Coastal Animal Hospital
Description/explanation:
Coastal Animal Hospital (CAH) is an outpatient small animal (dog and cat) veterinary
clinic whose first location opened November 2011 in Encinitas, CA. This additional location will
provide similar services to the local residents and the current clients who are travelling from
Carlsbad and the rest of north county to the Encinitas location.
CAH will operate in a manner very similar to the Encinitas location. CAH will provide
basic wellness and preventative services, diagnostics, as well as outpatient procedures such as
spay, neuter, and dental treatments. No non-medical boarding will take place. Overnight
boarding will be a rare occurrence and lim1ted to only a small, select number of patients whose
owners are unable to afford transfer to a 24 hour care facility and are patients who will pose no
risk to themselves or will be unduly stressed. At CAH's primary location, on average
approximately 2-3 animals are housed overnight per year.
MAY 04 2018
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
, " .. JJN
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}:
Ii] 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: Coastal Animal Hospital
Address: 434 N. Coast Highway 101
Encinitas, CA 92024
Phone Number: 760-846-6649
PROPERTY OWNER
Name: Carlsbad Plaza, LLC
Address:23 Corporate Plaza, Suite 245
Newport Beach, CA 92660
Phone Number: 949-759-9531
Address of Site: 2584 Ste A-1 El Camino Real, Carlsbad 92008
Local Agency (City and county): Carlsbad, San Diego County
Assessor's book, page, and parcel number: Book 167, pg 03, APN 167-030-7 4-00
Specify list(s): EnviroStor, Cortese, Cal EPA Unified Program, State Water, DEH
Regulatory Identification Number:. _____________________ _
Date of List: 3-1-2018
Applicant Signature/Date
CARLSBAD PLAZA, LLC
aC~~~lity
Property Owner ~ture/efate
William W. Hughes, Jr.
Managing Member
company
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 of2 Revised 02/13
Ccicyof
Carlsbad
1-·,
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 requir en or whether all requirements are necessary for your particular
application) please call 76 461 O.
Applicant Signature:
Staff Signature:
Date:
To be stapled with receipt to the application
P-1 (E) Page 1 of 1
REC~IVE:D
MAY 04 2018
CITY (S/l ... t·•H.:::,~.1\D
PLJ-.\t'-JN!NC : _•I,, .. : )I\J
Revised 07/10
stewart title Frank Green
Order No.
Title Unit No.
Your File No.
Buyer/Borrower Name
Seller Name
PRELIMINARY REPORT
18000480344
48
Carlsbad Plaza LLC
Property Address: 2584 El Camino Real, Carlsbad, CA 92008
Stewart litle Guaranty Company
Commercial Services (San Diego)
7676 Hazard Center Drive 14th
Floor
San Diego, CA92108
{619) 39'8-0035-Pt\one
(619) 615-2389 Fax
fgreen@stewart.com
In response to the above referenced application for a Policy of Title Insurance, Stewart Title Guaranty
Company Commercial Services (San Diego) hereby reports that it is prepared to issue, or cause to be
issued, as of the date hereof, a Stewart Title Guaranty Company Policy or Policies of Title Insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may
be sustained by reason of any defect, lien or encumbrance not shown or referenced to as an Exception
on Schedule B or not excluded from coverage pursuant to the printed Schedules. Conditions, and
Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy
or policies are set forth in Exhibit A 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 Limits of Liability for certain
coverages are a4so set Jorth .in e:~ A. Cop4es of the •.poeicy for.ms sho\Md .be -read. They .are ava«abte
from the office which issued this report. · · ··· · -·
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in
Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of
matters, which are not covered under the terms of the title insurance policy and should be carefully
considered.
It is important to note that this preliminary report is not a written representation as to the condition of title
and may not list all liens, defects, and encumbrances affecting title to the land.
This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating
the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance a binder or commitment should be requested.
Dated as of March 12, 2018 at 7:30 a.m.
Frank Green, Title Officer
Wheruaptyiag. please contact: .Frank Green, T.it!e Officer
File No.: 18000480344
Prelim Report COM
Page 1 of9
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PRELIMINARY REPORT
The form of Policy of Title Insurance contemplated by this report is:
□ CLTA Standard Coverage Policy
0 CL ~A/ALTA Homeowners Pc»fey
□ 2006 ALTA Owner's Policy
□ 2006 ALTA Loan Policy
□ ALTA Short Form Residential Loan Policy
l&l Preliminary Report
SCHEDULE A
The estate or interest in the land hereinafter described or referred to covered by this report is:
An unrecorded Ground Lease dated January 31, 1974, executed by Otis Vanderburg and
Christine Vanderburg as lessor and Carlsbad Shopping Center, a general partnership and
Alexander Haagen as lessee, as disclosed by a Memorandum of Ground Lease recorded August
15, 1975 as Instrument No. 75-216479 of Official Records.
An Amendment to Ground Lease dated as of January 31, 1974 between Lessor and Carlsbad
Shopping Center and Alexander Haagen, as Lessee.
The lessee's interest under said Ground Lease was assigned to Home Federal Savings and Loan
Association of San Diego, a corporation by assignment recorded August 15, 1975 as Instrument
No. 75-216480 of Official Records.
The lessee's interest under said Ground Lease was assigned to Santa Anita Development
Corporation, a California corporation and William W. Hughes, Jr., as purchaser under an
unrecorded contract of sale dated May 18, 1976 by Assignment, Assumption and Consent to
Assignment of Ground Lease recorded July 7, 1977 as Instrument No. 77-271421 of Official
Records.
A First Amendment to Assignment, Assumption and consent to Assignment of Ground Lease
recorded November 1, 1978 as Instrument No. 78-473670 of Official Records.
The lessee's interest under said Ground Lease was assigned to Carlsbad Plaza Ltd., a California
limited partnership by Assignment, Assumption and Consent to Assignment of Ground Lease
recorded July 12, 1977 as Instrument No. 77-276261 of Official Records.
The lessee's interest under said Ground Lease was further assigned by a "Limited Partnership
Grant Deed" executed by Carlsbad Plaza Ltd., a California limited partnership organized under
the laws of the State of California to Carlsbad Plaza LLC, a California limited liability company,
recorded May 20, 1997 as Instrument No. 1997-0234094 of Official Records.
File No.: 18000480344
Prellm Report COM
Page2of9
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/1.. document entitled "Amendment No, 1 to Lease" recorded May 20, 1997 as Instrument No,
1997-0234100 of Official Records.
An unrecorded Ground Lessor Estoppel and Additional Lease Covenants was signed by Lessor
and Lessee and dated as of Aprit 28, 2009.
Title to said estate or interest at the date hereof is vested in:
Carlsbad Plaza LLC, a California limited liability company
File No.: 18000480344
Prelim Report COM
Page 3 of9
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LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of San Diego, City of
Carlsbad and described as follows:
PARCEL B:
PARCEL 3 OF PARCEL MAP NO. 4838. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, RECORDED JUNE 18, 1976 AS FILE NO. 76-190384 OF OFFICIAL
RECORDS.
PARCEL B1:
NON-EXCLUSIVE EASEMENTS FOR UTILITTES, SEWER, PEDESTRIAN AND VEH1CULAR
INGRESS, EGRESS, PASSAGE AND PARKING AS SET FORTH IN THE "GRANT OF EASEMENTS
AND DECLARATION OF RESTRICTIONS" RECORDED AUGUST 15, 1975 AS INSTRUMENT NO.
75-216391 OF OFFICIAL RECORDS.
APN: 167-030-74
(End of Legal Description)
THE MAP ATTACHED THROUGH THE HYPERLINK ABOVE IS BEING PROVIDED AS A COURTESY
AND FOR INFORMATION PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON.
FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL
SUBDIVISION OR BUILDING ORDINANCES. THERE WILL BE NO LIABILITY, RESPONSIBILITY OR
INDEMNIFICATION RELATED TO ANY MATTERS CONCERNING THE CONTENTS OR ACCURACY
OF THE MAP.
File No.: 18000480344
Prelim Report COM
Page 4 of9
SCHEDULE B
At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions
contained in said policy or policies would be as follows:
Taxes:
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 2018-2019.
B. General and Special City and/or County taxes, including any personal property taxes and any
assessments collected with taxes, for the fiscal year 2017 -2018:
1st Installment $11,787.67 Paid
2nd.LnstaUment $n,787.67 09en
Parcel N6: 167-030-74-0D
Code Area 09014
C. Assessments, if any, for Community Facilities Districts or a Mello-Roos District affecting said land
which may exist by virtue of assessment maps or notices filed by said districts. Said assessments
are collected with the County Ta,ces.
D. The lfen of supptemeoorl taxes, if any, assesseo pu,suant to the provisioos of Chapter 3..5
(com'mencing with Section 75) of the revenue arid taxation code of the State of California.
Exceptions:
1. Easements and rights of way for road and public utilities and incidental purposes, over, under,
along and across those easement parcels herein described, as conveyed and reserved by various
deeds of record.
2. An easement for embankment slopes, excavation slopes, drainage structures and rights
incidental thereto in favor of City of Carlsbad as set forth in a document recorded August 8, 1966
as File No. 128320, of Official Records, affects said land.
3. An easement for the privilege and right to extend drainage structures, excavation and
embankment slopes beyond the limits of road Survey No. 1800-65 and rights incidental thereto in
favor of County of San Diego as set forth in a document recorded October 19, 1966 as
Instrument/File No. 167629, of Official Records, affects said land.
4. An easement for public drainage and rights incidental thereto in favor of City of Carlsbad as set
forth in a document recorded May 29, 1973 as Instrument/File No. 73-144264, of Official Records,
affects said land.
5. A document entitled "Grant of Easements and Declaration of Restrictions", recorded August 15,
1975 as file no. 75-216931 of Official Records.
6. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in
favor of the San Diego Gas and Electric Company as set forth in a document recorded February
10, 1976 as Instrument/File No. 76-039544, of Official Records, affects a portion of the herein
described land.
7. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in
favor of the San Diego Gas and Electric Company as set forth in a document recorded February
10, 1976 as Instrument/File No. 76-039572, affects a portion of the herein described land.
The exact location of the easement is not disclosed by the instrument.
File No.: 18000480344
Prelim Report COM
Page 5 of9
8. The fact that the ownership of said land does not include rights of access to or from the public
street or highway abutting said land, such rights having been relinquished or severed by said
Parcel Map 4838, which affects El Camino Real, Marron Road except at access openings as
shown on said map adjacent thereto ..
9. An easement or other provisions for the purpose of storm drain and rights incidental thereto as
shown on the recorded Parcel map no. 4838, which affects as shown on said map.
10. The fact that said land could be subject to inundation Flood plain -subject to inundation,
inundation line, elev. = 30.0.
11. A document entitled "Contract for Future Public Improvements", recorded June 22, 1965 as file no.
76-0193420 of Official Records.
12. An easement for public water and sewer utility and rights incidental thereto in favor of City of
Carlsbad as set forth in a document recorded December 22, 1976 as File No. 76-429810. of
Official Records , affects said land.
13. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in
favor of the San Diego Gas and Electric Company as set forth in a document recorded May 4,
1977 as File No. 77-168808. of Official Records. affects a portion of the herein described land.
14. Terms and provisions of a sublease dated May 26, 1977, executed by Santa Anita Development
Corporation, a California corporation, William W. Hughes, JR., as sublessor, and Home Federal
Savings and Loan Association of San Diego, a corporation, as sublessee, a memorandum of
which is recorded July 7, 1977 as File No. 77-271422, of Official Records.
Document(s) declaring modifications thereof recorded April 27, 1989 as File No. 89-220753, of
Official Records.
The above instrument as been subordinated to the document recorded May 27, 2009 as
File No. 2009-0281044, of Official Records by that certain agreement recorded June 5,
2009 as File No. 2009-0305352, of Official Records.
15. Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations
secured th&eby:
Amount
Dated
Trustor
Trustee
Beneficiary
Recorded
Loan No.
Affects
$7,650,000.00
May 27, 2009
Carlsbad Plaza LLC. a Ca1ifornia limited liability company
First American Title Insurance Company
John -Hancock .Life Jnsur,00ce Com,paAy
May 27, 2009 as Fne No: 2009-0281044 of Official Records
525583-11
The herein described land and other land.
16. An assignment of rents and leases, executed by Carlsbad Plaza LLC. a California limited liability
company, to John Hancock Life Insurance Company, recorded May 27, 2009 as File No.
2009-0281045 of Official Records.
Affects : The herein described land and other land.
17. Financing Statement executed by Carlsbad Plaza LLC. a California limited liability company to John
Hancock Life Insurance Company recorded May 27, 2009 as File No. 2009-0281046 of Official
Records.
Continuation Statement recorded February 13. 2014 as File No. 2014-0061750 of Official
File No.: 18000480344
Prelim Report COM
Page 6of9
Records.
Affects : The herein described land and other land.
18. Matters which may be disclosed by an inspection or by a survey of said land satisfactory to this
Company or by inquiry of the parties in possession thereof.
19. Rights of tenants in possession of said land by reason of unrecorded leases. Kindly forward said
lease, or a current certified tenant rent rolf.
20. Rights of parties in possession.
21. The effect of any failure to comply with the terms, covenants and provisions of the lease described
or referred to in Schedule A.
22. This Company will require the following documents in order to insure a conveyance or
encumbrance by the limited liability company named below:
Limited liability company: Carlsbad Plaza LLC, a California limited liability company
a. A certified copy of the articles of organization (LLC-1 ), and any amendment (LLC-2) or
restatement (LLC-10) to be recorded in the appropriate county.
b. A copy of the operating agreement and any amendment.
c. Evidence that the limited liability company remains in good standing with active status.
d. Other requirements that the Company may set forth following its review of said documents.
{End of Exceptions)
File No.: 18000480344
Prelim Report COM
Page 7 of9
NOTES AND REQUIREMENTS
A. Preliminary Report Only
File No.: 18000480344
Prelim Report COM
Page 8 of9
CALIFORNIA "GOOD FUNDS" LAW
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 received by Stewart Title Guaranty Company
Commercial Services (San Diego) via wire transfer may be disbursed upon receipt. Funds received via
cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day
after the day of deposit ff funds are received, ~ any offrler means, recording and/or disbursement may
be de'layed, and you shoul'd contact your titie or escrow officer. All escrow and sub-escrow funds received
will be deposited with other escrow funds in one or more non-interest bearing escrow accounts in a
financial institution selected by Stewart Title Guaranty Company Commercial Services (San Diego).
Stewart Title Guaranty Company Commercial Services (San Diego) 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 the financial institution, and Stewart Title Guaranty Company Commercial Services (San
Diego) 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 Stewart Title Guaranty Company Commercial Services (San Diego)
Such benefits shall be deemed additional compensation to Stewart Title Guaranty Company
Commercial Services (San Diego) for its services in connection with the escrow or sub-escrow.
If any check submitted is dishonored upon presentation for payment, you are authorized to notify all
principals and/or their respective agents of such nonpayment.
WIRE INSTRUCTIONS
We hereby request that our funds are wire transferred directly to our account. If you have any questions,
regarding this matter, please call the number as referenced above.
We do not accept ACH Transfers. these funds will be returned and may cause a delay in closing.
**Be aw1reJ Online qanking fraud is on the rise. If you receive an email containing WIRE
TRANSFER INSTRUCTIONS call YQUI title and/or escrow officer jmmedjatety to verify the
information prior to sending funds.**
REFERENCE OUR FILE NUMBER: 18000480344
REFERENCE OUR BUYER/BORROWER NAME:
REFERENCE OUR SELLER NAME: Carlsbad Plaza LLC
File No.: 18000480344
Prelim Report COM
Page 9 of9
Order No.: 18000480344
Escrow No.: 18000480344
C
EXHIBIT "A"
LEGAL DESCRIPTION
The land referred to herein is situated. in the State of California, County of San Diego, City of Carlsbad
and described as follows:
PARCEL B:
PARCEL 3 OF PARCEL MAP NO. 4838, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, RECORDED JUNE 18. 1976 AS FILE NO. 76-190384 OF OFFICIAL
RECORDS.
PARCEL 81:
NON-EXCLUSIVE EASEMENTS FOR UTILITIES, SEWER, PEDESTRIAN AND VEHICULAR
INGRESS, EGRESS, PASSAGE AND PARKING AS SET FORTH IN THE "GRANT OF EASEMENTS
AND DECLARATION OF RESTRICTIONS" RECORDED AUGUST 15. 1975 AS INSTRUMENT NO.
75-216391 OF OFFICIAL RECORDS.
APN: 167-030-74
(End of Legal Desccip.tion) -.
C
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
Date: March 16, 2018
Escrow No.: 18000480344
Property: 2584 El Camino Real, Carlsbad, CA 92008
From: Stewart Title Guaranty Company -Commercial Services
This is to give you notice that Stewart Title Guaranty Company -Commercial Services ("Stewart Title")
has a business relationship with Stewart Solutions, LLC, OBA -Stewart Specialty Insurance Services,
LLC ("Stewart Insurance"). Stewart Information Services Corporation owns 100% of Stewart Insurance
and Stewart Title of California. Because of this relationship, this referral may provide Stewart Title a
financial or other benefit.
Set forth below is the estimated charge or range of charges for the settlement services listed. You are
NOT required to use the listed provider(s) as a condition for purchase, sale, or refinance of the subject
Property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE
WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE
RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
Stewart Insurance Settlement Service
Hazard •nsl:lfa'Jlee
Home Warranty
Natural Hazard Disclosure Report
Escrow No.: 18000480344
ASA Disclosure 2007 BP SCE
Charge or ranae of charges
$400.00 to $6,500.00
"$2.55.00 to$ 780.00
$ 42.50 to$ 149.50
Page 1 of 1
r--
CLTA Preliminary Report Form "·"
Exhibit A (Revised 06-03-11)
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 ~ncumbranoe 'resulting from a violation or alleged violation affecting tne land has b-n reoorood in tne public l'ecords 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 Of 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 ins_ured 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 marry ,subsequent ,owner •of the indebtedness, to •oomply with the applicable •Ociing business laws of the :state In which '!he laoo ls
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.
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.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
(Rev. 06-03-11 ) Page 1 of 4
File Number: 18000480344
C :)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
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 those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division;
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 appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a riglit:
a. to ariy 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 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.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered,R.isk 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:
(Rev. 06-03-11 )
Your Deductible Amount
1 % of Policy Amount or $2,500.00
(whichever is less)
1 % of Policy Amount or $5,000.00
(whichever is less)
1% of Policy Amount or $5,000.00
(whichever is less)
1 % of Policy Amount or $2,500.00
(whichever is less)
File Number: 18000480344
Our Maximum Dollar Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
Page 2 of 4
C
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 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
~a) created, suffered, .assumed, or agreed to by the Insured Claimant
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk
11, 13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in .the Public Records. This Exclusion does not modify or Jimit the coverage
provided under Covered Risk '11 (b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
1. (a) Taxes or assessments that are not shown as existing If ens by the records of any taxing authority that levies taxes or assessments oo
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, which are 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)1mpatented mining claims; {b) ·reservations or exceptions in patents or in Acts authorizing the ~ance 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.
(Rev. 06-03-11 ) Page 3 of 4
File Number: 18000480344
r ~ 2\.<; ALTA OWNER'S POLICY (06-17-06)-1
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 enjQyment 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 1 (a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to bythe'lnsured Claiman't;
(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 cooveyance 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:
EXCEPTJOHS 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. (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 which are not shown by the public records but which could be ascertained by an inspection of the
land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. 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,
(Rev. 06-03-11) Page4 of4
File Number: 18000480344
STG Privacy Notice
Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart litle Guaranty
Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business-to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing .
.
Reasons we ,can share your pel'Sonal informatton. Doweshare Can you limit this ,sharing?
For our everyday business purposes-to process your
transactions and maintain your account. This may include running the Yes No business and managing customer accounts, such as processing
transactions, mailing, and auditing services, and responding to court
orders and legal investigations.
For our marketing purposes-to offer our products and services to Yes No
you.
~or j~ m~g wi~ ot!'ler fi.ha~fcompanfes No We don't sflare
For our affiliates' everyday business purposes-information
about your transactions and experiences. Affiliates are companies
related by common ownership or control. They can be financial and Yes No
non-financial companies. Our affiliates may include companies with a
Stewart name; financial companies, such as Stewart Title Company
For our affiliates' everyday business purposes-information No We don't share about your creditworthiness.
For our affiJJates to market to you -For your convenience, Yes Yes, send your first and last name, the email
Stewart has developed a means for you to opt out 'from Its affiliates address tr.red in your transaction, your
marketing even though such mechanism is not legally required. Stewart file number and the Stewart office
location that is handling your transaction by
email to optout@stewart.com or fax to
1-800-335-9591.
For non-affiliates to market to you. Non-affiliates are companies No We don't share not related by common ownership or control. They can be financial
and non-financial companies.
We may oisciose yow persona. imof::mation to our affiiales or; to non-affitiates as pem:iitted. by faw. tt you request a ttam;aciior.t. with a
non-affiliate, ~uch as a third party insurance companr,we will disclose ytlot personi:11 information to that non-affiliate. [We do Mot control
their subsequent use of information, and suggest you refer to their privacy notices.]
SHARING PRACTICES
How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a
about their practices? transaction.
How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we
personal information? use security measures that comply with federal law. These measures
' rouoo oom~. -ffle, and'bui'idiM ~rn:ml'df;.
How do the Stewart Title Companies collect my We collect your personal information, for example, when you
personal information? • request insurance-related services • provide such information to us
We also collect your personal information from others, such as the real
estate agent or lender involved in your transaction, credit reporting agencies,
affiliates or other companies.
What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out)
in certain instances, we do not share your personal information in those
instances..
Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company,
1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
File No.: 18000480344 Page 1
Revised 11-19-2013