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HomeMy WebLinkAboutCUP 2018-0011; HIGLEY FIT; Conditional Use Permit (CUP)• • {cuyof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Coastal Development Permit OMinor ~ Conditional Use Permit ~ Minor D Extension D Day Care (Large) 0 Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit OMinor OMinor D Nonconforming Construction Permit 0 Planned Development Permit D Minor 0 Residential O Non-Residential D Planning Commission Determination D Reasonable Accommodation 0 Site Development Plan 0 Special Use Permit OMinor 0 Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) 0 Variance OMinor {FOR DEPT. USE ONLY) Legislattve Permits C-1,11> :zo,0-0011 0 General Plan Amendment 0 Local Coastal Program Amendment D Master Plan 0 Specific Plan 0 Zone Change •Amendment OAmendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit 0 Administrative D Minor O Major Village Review Area Permits D Review Permit 0 Administrative D Minor D Major (FOR DEPT. USE ONLY) EJ NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL N0(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY Development No. DE: V ISO 5 h P-1 "SAME DAY APPOINTMENTS ARE NOT AVAILABLE (,rf. D,I (,Jrd (STREET ADDRESS) (:{ M~c+,,I A«f1 Jc,,,b•) /s,,,,J ' G-,.,!lp ESTIMATED COMPLETION DATE Lead Case No. Page 1 of 6 Revised 03/17 OWNER NAME (PLEASE PRINl) INDIVIDUAL NAME (If applicable): COMPANY NAME (If applicable): GUrd1,ftnoel 3 L.. lk MAILING ADDRESS: (,,.0."::/,2 6{2f2..i"i.,:. :J)'.:1, Gftl CITY, STATE, ZIP: CA ~U:.bfty a Jr '<fU t TELEPHONE: it(} G~Sf; li,:;£},tar4!1~ EMAIL ADDRESS: APPLICANTS 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. SIGNATURE DATE APPLICANT NAME (PLEASE PRINl) INDIVIDUAL NAME ~/eJ. H,\le r. (if applicable): COMPANY NAME ✓ I (ff applicable): /klcy r.+ M,,,/1,/ 8e'I-J ' L,.. MAILING ADDRESS: [3.rs-B_.,.·nbtw R,·J~ ITY, STATE, ZIP: E1:,d_,...,-~, Cl+, 9z.t)lL/ TELEPHONE: z,0-1,1-q_1z r EMAIL ADDRESS: alex, A:. lcv(@ Y,,ho, Com J • 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. SIGNA~ ING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING UNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS TO ENTRY R THIS PURPOSE. NER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING TY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH INTEREST. TY OWNER SIGNAT RE FOR CITY USE ONLY P-1 Page 2 of6 RECEIVED MAY 14 2018 CITY OF CARLSllAD . PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 03/17 ,..,, .------------(,._ .-------------, .. 1------------- (city of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services 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 or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; 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-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 ,11/e.,,.,.J,,.. · ff{;k.y Corp/Part~----------- Title Own1c Title _____________ _ Address /J!)S-R,.,1.b,.., Ar$'-L,., 4,J.J,CA Address. __________ _ '/l.•V( 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 addresses of the corporate officers. (A separate page may be attached if necessary.) Person (;,' I J..-/J-C.-1::' A Ir 2. Corp/Part ?.t ;,/ t: 1:,/JT?cJ/ '3 d. L. L. (._. Title MM Title ____________ _ Address (tfJJ"" c&/27<£ 7f',:_ C<JJl?t, Address _____ s,_,_,_/l:"-'-M~~'r~----- Page 1 of2 Revised 07/10 -' ' " 3. NON-PROFIT ORGANIZATION OR TRUST 4. 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 ____________ _ 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? Oves ~o If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. d correct to the best of my knowledge. Signat~pplic"ate Print or type name of owner Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 ------------', ______________ _,.. ___________ ___ (city of Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: APPLICANT NAME: --,1-1Scu/e..,,_t ___ yu.;,,~1(~1------------- 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: Pr;,.kf7 ~..,.tJ f!rf ,,.~/ tr,. ' H. J,-.AI/ "rl"f ,..,,.fri ,~~ c IAJs,s, fly 90~1 b t-o rr,vf t ~ h<~f ... l e. n vir,,-.,,..., ,,J-r I" ,.,..fr I C "'" po.lJ 01'1 My f6tl/! -~ din). fl.,_ Ir JJ11tr ,r T!t 4.,1,.(, /t~r,<d t~,.,"Jl,~+ ""Y hf-~ tilt " />, ,.rfr, I ~,flit; P-1 (8) Page 1 of 1 Revised 07/10 w~k( (city of Carlsbad - HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services 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): ~he 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 Thia 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:_--,fi~/~"";X~--"lj'-'ic~l--lt'l-y ____ _ Address:-1/_,,J__..,5;"-,--'--'f{:,;;.;,!ll.L,.._..,,______.R-'-'16,:.,L_.....:0,=--. _ Phone Number:_7,_,~...,0c..-_,7'--'l...,_7_-_1 .c.c/ /-=l]"'------ PROPERTY OWNER Name:_.....:{;,'--t-'-.,N_'f_,1--'--/1_1......:,tz,='fti"-_3---'--t:.-- Address: &&7 2-c rP /2 ~ D [:/<;cL- c:... "l~ c:A t2.L-5 MD cit: qz&/I PhoneNumber: 7t,i) (z$tP-q9pt7 Address of Site:_.....,0ec........O....:cG....,_L/ __ (,_,o:.....rT-",t---"'~~/'---_("'-'e...,J"--r=-o ________ _ Local Agency (City and County): _______________________ _ Assessor's book, page, and parcel number: ___________________ _ Specify list(s): _____________________________ _ Regulatory Identification Number: _______________________ _ 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 PACIFIC COAST 1111 E. Katella~nue, Suite 120 Orange, CA 92867 Title Officer: Jim Jean TITLE COMPANY Title Phone: (714)516-6795 Title Email: jjean@pct.com Title Order No.: 10085940-0CT-JJ Issuing Policies of Commonwealth Land Title Insurance Company ORDER NO: 10085940·· Maritime Escrow 5857 Owens Avenue #112 Carlsbad, CA 92008 Attn: Sally Tadlock Your Reference No.: 18-34994 Phone: (760) 635-1900 Fax: (760) 931-1629 Escrow Email: sally@maritimeescrow.com Proposed Lender: Proposed Loan Amount: Loan No.: PROPERTY: 6064 Corte Del Cedro, Carlsbad, CA 92011 PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Padfic Coast Tttle 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 hereinafrer set folth, 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 exduded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exdusions from the coverage and Limitations on Covered Risks of said policy or policies are set faith in Attachment One. The policy to be issued may contain an arbitration dause. When the Amount of Insurance is less than that set faith in the arbitration dause, all arbiuable matters shall be arbitrated at the option of either the Company or the Insured as the exdusive remedy of the parties. Limitations on Covered Risks applicable to the a TA and AL TA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certilin coverages are also set faith in Attachment One. Copies of the policy fonns 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 of fadlitating 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. The policy(s) of title insurance to be issued hereunder will be policy{s) of Commonwealth Land Tttle Insurance Company, a Nebraska Corporation. P/eJlse read the exceptions shown or refen-ed to herein and the exceptions and exduslons set forth in Attachment One of this report carefully. The exceptions and exdusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefUl/y considered. It is important to note that this preliminary repo,t Is not a written representation as to the condition of title and may not list all liens, defects and encumbn,nces affecting title to the land. Pacific Coast Tltle Company Countersigned: By:~~ Authorized Officer or Agent CLTA Preliminary Report Form -Modified (11/17/06) Commonwealth Land Title Insurance Company BY ATTEST _j~~!,,,,,.----'""'=~-Secretary MichMt Gl'l\4la. Page 1 PACIFIC COAST TITLE COMPANY PREUMINARY REPORT EFFECTIVE DATE: May 3, 2018 at 7:30 a.m. The form of policy or policies of title insurance contemplated by this report is: ALTA Homeowners Policy of Title Insurance (12-2-13) ALTA 2006 Extended Loan Policy CA 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE AS TO PARCEL(S) 1 EASEMENT(S) MORE FULLY DESCRIBED BELOW AS TO PARCEL(S) 2 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: GENERATIONS 3L, LLC, A CAUFORNIA UMITED UABIUTY 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 (11/17/06) Page 2 PREUMINARY REPORT ESCROW NO.: LEGAL DESCRIPTION EXHIBIT A PACIFIC COAST TITLE COMPANY TITLE NO.: 10085940-0CT-JJ THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT 12 OF CARLSBAD TRACT NO. 80-27, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 9973, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 16, 1981. PARCEL 2: AN EASEMENT FOR INGRESS, EGRESS AND UTILITY PURPOSES OVER, UNDER ALONG AND ACROSS LOT 18 OF CARLSBAD TRACT NO. 80-27, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 9973, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 16, 1981. APN: 213-080-12-00 CLTA Preliminary Report Form -Modified (11/17/06) Page 3 PREUMINARY REPORT ESCROW NO.: TITLE NO.: 10085940-0CT-JJ AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTlONS TO COVERAGE IN ADDmON TO THE PRINTED EXCEPTlONS AND EXCLUSIONS IN SAID POUCY FORM WOULD BE AS FOLLOWS: 1. 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. 2. Note: Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts were: Tax Identification No.: 213-080-12-00 Fiscal Year: 2017-2018 1st Installment: $4,528.81 2nd Installment: $4,528.81 Exemption: $0.00 Land: $236,000.00 Improvements: $594,000.00 Personal Property: $0.00 Code Area: 09018 3. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. 4. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation Code of the State of california. 5. Water rights, claims or title to water, whether or not disclosed by the public records. 6. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: July 1, 1971 Recording No: 142351, Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: December 6, 1982 Recording No.: 82-373503, Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: April 19, 1988 Recording No.: 88 180280, Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: November 26, 2008 Recording No.: 2008-0610825, Official Records CLTA Preliminary Report Form -Modified (11/17/06) Page4 C PREUMINARY REPORT ESCROW NO.: TITLE NO.: 10085940-0CT-lJ 7. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: October 1, 1974 Recording No: 74-263897, Official Records The provisions of said covenants, conditions and restrictions were extended to include the herein described Land by an instrument Recording Date: December 31, 1974 Recording No.: 74-337587. Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: June 27, 1977 Recording No.: 77-252979. Official Records Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. 8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego Gas and Electric Company Purpose: public utilities, ingress and egress Recording Date: October 14, 1980 Recording No.: 80-338477, Official Records Affects: the exact location and extent of said easement is not disclosed of record No representation is made as to the present ownership of said easement 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The Pacific Telephone & Telegraph Company Purpose: public utilities, ingress and egress Recording Date: November 26, 1980 Recording No.: 80-400581, Official Records Affects: the excat location and extent of said easement is not disclosed of record No representation is made as to the present ownership of said easement 10. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: January 27, 1981 Recording No: 81-025066, Official Records Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. CLTA Preliminary Report Form -Modified (11/17/06) Page 5 PREUMINARY REPORT ESCROW NO.: C TITLE NO.: 10085940-0CT-JJ 11. Easement(s) for the purpose(s) shown below and lights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Map of: 9973 Purpose: esquestrian trail Affects: as shown on said map 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The Pacific Telephone & Telegraph Company Purpose: to construct and maintain (place, operate, inspect, repair and remove) such underground communication facilities as grantee may from the time to time require (including ingress thereto and egress therefrom) consisting of wires cables, conduits, manholes, handholes and aboveground markers, pedestrian, terminal equipments cabinets, other associates electrical conductors and necessary fixtures and appurtenances in, under and upon that certain property Recording Date: July 31, 1981 Recording No.: 81-242794. Official Records Affects: the exact location and extent of said easement is not disclosed of record No representation is made as to the present ownership of said easement 13. An agreement to which reference is hereby made for full particulars. regarding each parties interest in said land, recorded January 21. 1986 as File No. 86-025724 of official Records 14. A deed of trust to secure an indebtedness in the amount shown below. Amount: $379,000.00 Dated: December 28, 2007 Trustor/Grantor: Generation 3L, LLC. a california limited liability company Trustee: Land America Commonwealth Land Title Company Beneficiary: Premier Commercial Bank. N.A Loan No.: 400310700 Recording Date: December 31, 2007 Recording No.: 2007-0800879. Official Records CLTA Preliminary Report Form -Modified (11/17/06) Page 6 C PREUMINARY REPORT ESCROW NO.: TITLE NO.: 10085940-0CT-Jl 15. An assignment of all moneys due, or to become due as rental or otherwise from said Land, to secure payment of an indebtedness, shown below and upon the terms and conditions therein Amount: $379,000.00 Assigned to: Premier Commercial Bank, N.A. Assigned By: Generation 3L, LLC, a California limited liability company Recording Date: December 31, 2007 Recording No.: 2007-0800880, Official Records A document entitled, "Hazardous Substances Certificate and Indemnity Agreement'', Dated:December 28, 2007 By and Between: Generation 3L, LLC and Premier Commercial Bank, N.A. upon the terms, conditions and provisions as therein provided, Recording Date: December 31, 2007 Recording No: 2007-0800881, Official Records The effect of a full reconveyance recorded March 16, 2018 at 2018-0105667, Official Records, which purports to reconvey the above-mentioned Deed of Trust. No statement is made hereto as to the effect or validity of said reconveyance. The requirement that this Company be furnished with confirmation from the lender that the Deed of Trust has been released prior to issuance of a policy of title insurance. 16. A deed of trust to secure an indebtedness in the amount shown below, Amount: $263,000.00 Dated: October 6, 2004 Trustor/Grantor: Patrick McCormack and Nancy Rohwer, husband and wife Trustee: LandAmerica-Commonwealth Beneficiary: CDC Small Business Finance Loan No.: Not Set Out Recording Date: October 11, 2004 Recording No.: 2004-0962222, Official Records An assignment of the beneficial interest under said deed of trust which names: Assignee: United States Small Business Administration Loan No.: Not Set Out Recording Date: October 11, 2004 Recording No.: 2004-0962223, Official Records An agreement which states that this instrument was subordinated to the document or interest shown as an Item No. 14. By Agreement Recorded: January 14, 2008, (instrument) 2008-0016197, Official Records CLTA Preliminary Report Form -Modified (11/17/06) Page 7 PREUMINARY REPORT ESCROW NO.: C TITLE NO.: 10085940-0CT-JJ 17. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Subordination Agreement Lessor: Patrick McCormack and Nancy Rohwer lessee: Cutting Edge CNC, Inc. Recording Date: October 11, 2004 Recording No.: 2004-0962225. 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. 18. The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: Generations 3L, 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. 19. 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. 20. The Company will require that a full copy of any unrecorded lease referred to herein be furnished to the Company, together with all supplements, assignments and amendments for review. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. CLTA Preliminary Report Form -Modified (11/17/06) Page 8 PREUMINARY REPORT ESCROW NO.: TITLE NO.: 10085940-0CT-JJ 21. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. END OF ITEMS CLTA Preliminary Report Form -Modified (11/17/06) Page9 PRELIMINARY REPORT ESCROW NO.: r \. . TITLE NO.: 10085940-0CT-JJ NOTES 1. Note: None of the items shown in this report will cause the Company to decline to attach CL TA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 2. Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial/Industrial, known as 6064 Corte Del Cedro, carlsbad, CA 92011 to an Extended Coverage Loan Policy. 3. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. 4. 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. 5. Note: Amended Civil Code Section 2941, which becomes effective on January 1, 2002, sets the fee for the processing and recordation of the reconveyance of each Deed of Trust being paid off through this transaction at $45.00. The reconveyance fee must be clearly set forth in the Beneficiary's Payoff Demand Statement ("Demand"). In addition, an assignment or authorized release of that fee, from the Beneficiary to the Trustee of record, must be included. An example of the required language is as follows: "The Beneficiary identified above hereby assigns, releases or transfers to the Trustee of record, the sum of $45.00, included herein as 'Reconveyance Fees', for the processing and recordation of the Reconveyance of the Deed of Trust securing the indebtedness covered hereby, and the escrow company or title company processing this pay-off is authorized to deduct the Reconveyance Fee from this Demand and forward said fee to the Trustee of record or the successor Trustee under the Trust Deed to be paid off in full." In the event that the reconveyance fee and the assignment, release or transfer thereof are not included within the demand statement, then Pacific Coast Title Company may decline to process the reconveyance and will be forced to return all documentation directly to the Beneficiary for compliance with the requirements of the revised statute. 6. If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, california law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that frt:s this category, the statement is to be included in the manner described. 7. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. CLTA Preliminary Report Form -Modified (11/17/06) Page 10 PREUMINARY REPORT ESCROW NO.: TITLE NO.: 10085940-0CT-JJ WIRE INSTRUCTIONS When funds are wired to Pacific Coast Title Company, please use the instructions below: City National Bank 555 South Flower Street, 21st Floor Los Angeles, CA 90071 ABA (Routing) Number: Account Number: Account Name: Credit: Reference: 122016066 555228597 Pacific Coast Title Company Pacific Coast Title Company -OCT 10085940 The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land litle Insurance Company, a Nebraska corporation. Funds received by this Company via wire transfer may be disbursed upon receipt. Funds received by this company via cashier's check or tellers check may be disbursed on the next business day after the day of deposit. If escrow funds (including shortage checks) are disbursed to this company other than by wire transfer, cashier's check or teller's check, disbursement and/or closing will be delayed 3 to 7 business days. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following: A We have received confirmation of the respective incoming wire. B. Collection of a deposited check. PAYOFF INFORMATION NOTE: This Company DOES require current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be over and above the verbal hold the lender may have stipulated. If this Company cannot obtain a verbal update on the demand, we will either pay off of the expired demand, or wait for the amended demand, at the discretion of the escrow. NOTE: to avoid delays at the time of closing, if the above deed of trust is an Equity Line/Line of Credit, it will be necessary that all checks, passbooks, credit cards together with instructions to close the account be submitted to the Company prior to the dose of this transaction. In order to expedite compliance with the above, please do the following: Borrower(s): a) b) settlement: a) b) Sign and return the Equity Line/Credit Line Affidavit provided with the report, Request that the account be frozen. Obtain a statement from the lender that no advances have been made after the issuance of the demand for payoff, and Upon delivery of the payoff check, a full reconveyance must be obtained. Please be advised that the difference between the principal balance on an issued demand and the maximum principal allowed may be held for up to 10 working days if the above requirements are not met. END OF NOTES Jim Jean/ ZS CLTA Preliminary Report Form -Modified (11/17/06) Page 11