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Home My WebLink AboutHDP 90-37; NORTH BATIQUITOS PUMP STATION; Hillside Development Permit (HDP)• • CITY OF CARLSBAD lAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Deft. (For Deft. Use On y) Use On y) 0 Master Plan ............... 0 General Plan Amendment ...... 0 Specific Plan ............. 0 Site Development Plan ....... 0 Precise Development Plan ... 0 Zone Change ................. 0 Tentative Tract Map ........ 0 Conditional Use Permit ...... 0 Planned Development Permit ~ Hillside Development Permit. q()~37 0 Non-Residential Planned 0 Environmental Impact Development Permit ........ Assessment ................ 0 Condominium Permit ......... D Variance .................... 0 Special Use Permit ......... D Planned Industrial Permit ... 0 Redevelopment Permit ....... D Coastal Development Permit .. 0 Tentative Parcel Map ....... D Planning Commission Deter ... 0 Administrative Variance .... 2) LOCATION OF PROJECT: ON THE / Both I SIDE OF / Batiguitos Drive I (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) !i!1YfHXI No. of Batiquitos Lagoon I AND I I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: I Pump Station: See attached l 4) ASSESSOR ~ARCEL NO(S).I 216-150-16,17,18 I 5) LOCAL FACILITIES ~ MANAGEMENT ZONE 6) EXISTING GENERALlcomb. PLAN DESIGNATION DiSr·7 ~ PROPOSED GENERAL /NO LAN DESIGNATION Chan~e B) EXISTING ZONINGI PC /9) PROPOSED ZONING/NO Change 110) GROSS SITE I .Li I ACREAGE Il} PROPOSED NUMBER OFI N/A RESIDENTIAL UNITS 112) PROPOSED NUMBERIN/A OF LOTS 113) TYPE OF 1 SUBDIVISION N/A I 14) NUMBER OF EXISTING RESIDENTIAL UNITSI N/A I (RESIDENTIAL COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL IN/A' OFFICE/SQUARE FOOTAGE I 166 PROPOSED COMMERCIAL I N/A SQ ARE FOOTAGE I , , CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I N/A 18) PROPOSED SEWER USAGE IN EQUIVALENT DW~LLING UNITS I N/A 20) PROJECT NAME: I North Batiquitos Pump Station I 19) I PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC, None 21)8RIEF DESCRIPTION OF PROJECT: r Replacement of Sewer Pump Station 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE) !I~ra Lan Assoc: NAME (PRINT OR TYPE) LImIted Partnershl ri~lNG ADDRESS 2011 Palomar Airport Rd. MAILING ADDRESS Same CITY AND STATE ZIP TELEPHONE CITY AND STATE Carlsbad, CA 92009 931-1190 Same Same ZIP TELEPHONE I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE-ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST Q MY.KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF M KNOWLEDGE. SIGNATURE DATE 8/3/90 8/3/90 ************************************************************************************** FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIREDI l3~~ '"Ala ""~3S. "OOUd CI013MfO aV8S1H\1~ :10 AlI~ RECEIVED BY: DATE FEE PAID l...-[ '..-;f5~F-~--L..k_r)----,1 REC E I PT NO ·1 L-___ --J -M 11 II II I 1 -E: And also that parcel of land within Lot 2 of said Section 33 that has the following described boundary: BEGINNING at a point on a southerly line of said Lot 2, distant thereon South 69° 04' 40" East, 128.22 feet from the most northerly corner of Lot 11 of said Section 33; Thence from said POINT OF BEGINNING, continuing along said southerly line South 69° 04' 40" East a distance of 100.00 feet to a corner in said southerly line; Thence North 61° ~O' 00" East a distance of 37.37 feet; Thence North 0° 45' 31" West a distance of 136.63 feet; Thence South 89° 14' 29" West a distance of 125.85 'feet; Thence South 0° 45' 31" East a distance of 117.37 feet to the POINT OF BEGINNING of the boundary described. (Contains DADO acres) •. P' / I .. ~ ..... C····. r • I ~. ..... ' . .-:;, ...... AUG 06 ". .' , , .-,'/I J-1' ".# ... / .. ; ..... '. J ,i'" .~." " \, , \ t., ,;" " .. 1 \ " ."..~ \'" \ '., , l " " \ \ \ \ , ~: ~ ~~ " .' ~, .:: " " .. : . ,~;Z. \ ,~ 't I \ i ' \ . \ , \ \ \ \\' \'0 " \ ~\. --\ \ , \ ' , \ , " , '. \ \ \" '~ . , , \ \ '\ . '\ \, . \ '. \\, I~/S~ I'!~ . 'M'''''A. • City of • Carlsbad DISCLOSURE STATEMENT APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATIONS WHICH WILL REQUIRE DISCRETlONARY ACTION ON THE PART OF THE CITY COUNCIL. OR ANY APPOINTED BOARD. COMMISSION OR COMMITIEE. (Please Print) The following information must be disclosed: 1 . Applicant Ust the names and addresses of all persons having a financial interest in the application. Aviara Land Associates Limited Partnershui~p~ ______________________ __ 2011 Palomar Airport Road. Suite 206 Carlsbad. CA 92009 2. Owner Ust the names and addresses of all persons having any ownership interest in the property involved. Aviara Land Associates Ljmjted Partnersh .... i~p------_________________ _ 2011 Palomar Airport Road Sujte 206 Carlsbad. CA 92009 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names a~ addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersr interest in the partnership. Aviara Land Company Republic Development Company 450 Newport Center Drive, Suite 304 450 Newport Center Drive,Suite304 Newport Beach, CA 92660 Newport Beach, CA 92660 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names ar addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficia of the trust. • • Disclosure Statement 1 Page: 2 5. Have you had more than $250 worth of business transacted with any member of City staH, Boare - Commissions. Committees and Council within the past twelve months? Yes _ No..L. If yes. please indicate person(s} _________________ -:-__ 1 Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraterncl.J organization, corporation, estate, trust, receiver, syndicate, 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.' . (NOTE: Attach additional pages as necessary.) Signature of Own~ d D.L. Clemens Vice President D.L. Clemens Print or type name of owner Date --"'====:::;!);:;;~..L.:::.-':""\=---___,t----.:.." I Signature of applicant/date D.L. Clemens Vice President D.L. Clemens Print or type name of applicant Date .--.,~ TICOR TITL.INSURANCE----. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 AVIARA LAND ASSOCIATES ATTN: PAM HAMES PRELIMINARY REPORT 2011 PALOMAR AIRPORT RD., SUITE 206 CARLSBAD, CA 92009 YOUR REFERENCE: AVIARA -PHASE 2 OUR ORDER NO.: 1182586 FEBRUARY 22, 1990 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE ·COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPo'RT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AT 7:30 A.M. AS OF FEBRUARY 20, 1990 TITLE OFFICER: TOM VOTEL KEN CYR TEL 619 544-6234 TEL 619 544-6236 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ) ALTA RESIDENTIAL TITLE INSURANCE POLICY -(6-1-87) ) ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE ) CLTA STANDARD COVERAGE POLICY -1988 ) ALTA OWNER1S POLICY (10-21-87) 1182586 PAGE 1 ,....---. ~ TICOR TITL.INSURANCE------I THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE THE TIT LET 0 S A IDE S TAT E 0 R I NT ERE S TAT THE D ATE HER E9·F I S V EST ED IN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR: 1989·90 INCLUDING PERSONAL PROPERTY TAX, IF ANY, SECOND INSTALLMENT NOW DUE AND PAYABLE THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE TAXATION CODE OF THE STATE OF CALIFORNIA. 2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY FOR TRANSMISSION AND DISTRIBUTION OF ELECTRICITY RECORDED APRIL 16, 1954 IN BOOK 5207, PAGE 161 OF OFFICIAL RECORDS AFFECTS AS SET FORTH THEREIN 3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY RECORDED OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL RECORDS AFFECTS AS SET FORTH THEREIN. BY QUITCLAIM DEED RECORDED DECEMBER 26, 1973 AS FILE NO. 73-355049 OF OFFICIAL RECORDS THE FOLLOWING PORTION OF SAID EASEMENT WAS ELIMINATED: THAT CERTAIN 20.00 FOOT STRIP OF LAND LYING WITHIN THE SOUTH HALF OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND BEING 10.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 26, 1182586 PAGE 2 ....--. ~ TICOR TITl' INSURANCE----'I . -, : -~ , DISTANT THEREON 1977.99 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 24°59 /39" WEST, A DISTANCE OF 756.26 FEET; THENCE NORTH 53°06 /06" EAST, 25.00 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE OF THE STRIP OF LAND BEING QUITCLAIMED HEREIN; THENCE FROM SAID TRUE POINT OF BEGINNING AND CONTINUING NORTH 53°06 /06" EAST, 135.00 FEET. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED JANUARY 10, 1989 BY AND BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY AND PACIFIC RIM LAND ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP REGARDING RIGHT OF WAY USE AGREEMENT RECORDED JANUARY 10, 1989, RECORDER1S FILE NO. 89-012389 NOTE: SAID AGREEMENT REFERS TO THE EASEMENT ABOVE DESCRIBED. 4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR ELECTRICAL TRANSMISSION AND DISTRIBUTION FACILITIES, TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, INGRESS AND EGRESS RECORDED APRIL 26, 1957, DOCUMENT NO. 61923 IN BOOK 6553 PAGE 334 OF OFFICIAL RECORDS AFFECTS AS SET FORTH THEREIN. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES GRANTOR AGREES THAT NO OTHER EASEMENT OR EASEMENTS SHALL BE GRANTED ON, UNDER OR OVER SAID STRIP OF LAND BY GRANTOR, WITHOUT THE PREVIOUS WRITTEN CONSENT OF GRANTEE. 5. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR A LINE OR LINES OF POLES AND/OR STEEL TOWERS AND WIRES AND/OR CABLES, UNDERGROUND CONDUITS, CABLES, VAULTS AND MANHOLES, TELEPHONE SIGNAL AND COMMUNICATION PURPOSES AND PIPE LINES RECORDED FEBRUARY 7, 1958 IN BOOK 6941, PAGE 234 OF OFFICIAL RECORDS AFFECTS AS SET FORTH THEREIN. 6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT FOR PIPE LINE RECORDED JULY 21, 1958, DOCUMENT NO. 116505 AFFECTS AS SET FORTH THEREIN. 7. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT FOR PIPE LINE 1182586 PAGE 3 ...----'IJ TICOR TITl.INSURANCE~ RECORDED AFFECTS DECEMBER 4, 1959, DOCUMENT NO. 250359 AS SET FORTH THEREIN 8. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD FOR WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE, EXCAVATION, AND/OR EMBANKMENT FACILITIES RECORDED MARCH 11, 1976, RECORDER'S FILE NO. 76-071622 AFFECTS . AS SET FORTH THEREIN. 9. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 FOR AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL RECORDED MAY 26, 1976 RECORDER'S FILE NO. 76-159954 AFFECTS AS SET FORTH THEREIN. 10. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 FOR AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL RECORDED NOVEMBER 22, 1976 RECORDER'S FILE NO. 76-391112 AFFECTS AS SET FORTH THEREIN 11. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, UNDERGROUND FACILITIES CONSISTING OF CONDUITS, MANHOLES, HANHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLAED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF PADS, TRANSFORMERS, AND OTHER ABOVEGROUND STRUCTURES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM RECORDED MAY 10, 1977, RECORDER'S FILE NO. 77-177430 AFFECTS AS SET FORTH THEREIN 12. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS SEPTEMBER 7, 1983 N.B. HUNT AND W.H. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE OCTOBER 20, 1983, RECORDER'S FILE NO. 83-378945 13. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO.1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD A CERTIFIED COpy OF WHICH WAS RECORDED AUGUST 19, 1986, RECORDER'S FILE NO. 86-356638. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE 1182586 PAGE 4 ...--.~ TICOR TITL'INSURANCE----' GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT. 14. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED 15. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED 16. AN AGREEMENT DATED : BY AND BETWEEN : REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS AUGUST 29, 1986 W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 6, 1986, RECORDER'S FILE NO. 86-509319 TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS OCTOBER 16, 1987 W. H. HUNT AND N. B. HUNT AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 19, 1987, RECORDER'S FILE NO. 87-647735 TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS JUNE 6, 1988 THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL; AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL) JUNE 10, 1988, RECORDER'S FILE NO. 88-278452 17. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : STATE OF CALIFORNIA ACTING BY AND THROUGH THE STATE FOR RECORDED AFFECTS LANDS COMMISSION PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL) JUNE 10, 1988, RECORDER'S FILE NO. 88-278452 AS SET FORTH THEREIN. 18. A DEED OF STATED HEREIN DATED TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT DECEMBER 20, 1988 AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED $125,000;000.00 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661636 SAID MATTER AFFECTS THIS AND OTHER PROPERTY. SAID DEED OF REFERRED TO IN DATED EXECUTED BY 1182586 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT MARCH 23, 1989 FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED PAGE 5 ,---' ~ TICOR TITL. INSURANCE~ RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED PARTNERSHIP, A DELAWARE CORPORATION APRIL 14, 1989, RECORDER'S FILE NO. 89-196177 DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989, RECORDER'S FILE NO. 89-196176 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT MARCH 13, 1989 FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION APRIL 14, 1989, RECORDER'S FILE NO. 89-196179 DEED RESTRICTION (TRAIL) APRIL 14, 1989, RECORDER'S FILE NO. 89-196178 4 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT MARCH 13, 1989 FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION APRIL 14, 1989, RECORDER'S FILE NO. 89-196181 IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS APRIL 14, 1989, RECORDER'S FILE NO. 89-196180 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 7, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-345754 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345753 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 7, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-345756 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345755 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT MAY 22, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-345758 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345757 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER 1182586 PAGE 6 ...---~ TICOR TIT~ INSURANCE----I REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 14, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP *ND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-345760 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345759 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT APRIL 22, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-345762 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345761 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 15, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORN1A CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-345766 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345765 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 30, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JULY 24, 1989, RECORDER'S FILE NO. 89-388407 MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS JULY 5, 1989, RECORDER'S FILE NO. 89-354659 19. AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TO FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661637 20. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SHOWING DEBTOR : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP SECURED PARTY FIRST INTERSTATE BANK OF CALIFORNIA RECORDED DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661'638 PROPERTY COVERED AS SET FORTH THEREIN SAID MATTER AFFECTS THIS AND OTHER PROPERTY. 1182586 PAGE 7 ...---' (I TICOR TITlt IN5URANCE---' 21. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED PROPERTY, AS DISCLOSED BY A FILED MAP OF THE ASSESSMENT DISTRICT; PLAT NO.: PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO.1 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT CITY OF: CARLSBAD RECORDED: MARCH 14, 1989, RECORDER'S FILE NO. 89-130025 AND AS AMENDED MAY 8, 1989, RECORDER'S FILE NO. 89-242769. NOTICE OF SPECIAL TAX LIEN RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-400726 AND OCTOBER 5, 1989, RECORDER'S FILE NO. 89-540361 22. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED 23. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS MARCH 22, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CAL"IFORNIA COASTAL COMMISSION DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989, RECORDER'S FILE NO. 89-196176 TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS MARCH 13, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND THE CALIFORNIA COASTAL COMMISSION DEED RESTRICTION (LAGOON NORTH SHORE TRAIL) APRIL 14, 1989, RECORDER'S FILE NO. 89-196178 24. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS"(LAGOON NORTH SHORE 100' BUFFER) DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196180. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 25. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF THE STATE OF CALIFORNIA, A POLITICAL SUBDIVISION FOR AN OPEN-SPACE EASEMENT IN GROSS AND IN PERPETUITY FOR LIGHT, AIR, VIEW, AND FOR THE PRESERVATION OF SCENIC QUALITIES (LAGOON NORTH SHORE 100' BUFFER) RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196180 AFFECTS AS SET FORTH THEREIN. 26. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS MARCH 31, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP AND CITY OF CARLSBAD AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE JUNE 5, 1989, RECORDER'S FILE NO. 89-296176 27. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES 1182586 PAGE 8 .----~ TICOR TITL. IN5URANCE-----' IN FAVOR OF FOR RECORDED AFFECTS CITY OF CARLSBAD WATERLINE PURPOSES AND APPURTENANCES JUNE 29, 1989, RECORDER'S FILE NO. 89-345753 AS DESCRIBED IN SAID DOCUMENT 28. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD FOR DRAINAGE RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345755 AFFECTS AS DESCRIBED IN SAID DOCUMENT 29. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD FOR GENERAL UTILITY AND ACCESS RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345757 AFFECTS AS DESCRIBED IN SAID DOCUMENT 30. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD FOR SEWER AND DRAINAGE RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345759 AFFECTS AS DESCRIBED IN SAID DOCUMENT 31. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD FOR GENERAL UTILITY AND ACCESS RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89~345761 AFFECTS AS DESCRIBED IN SAID DOCUMENT 32. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES. STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD FOR PUBLIC STREET PURPOSES, AN EASEMENT FOR DRAINAGE PURPOSES, AN EASEMENT FOR SIDEWALK PURPOSES AND AN EASEMENT OF RELINQUISHMENT AND WAIVER OF ABUTTER'S RIGHT OF ACCESS RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345765 AFFECTS AS DESCRIBED IN SAID DOCUMENT 33. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS JUNE 28, 1989 THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP DESILTATION BASIN MAINTENANCE AGREEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345770 34. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION 1182586 PAGE 9 ,.---" (gJ TICOR TIT. IN5URANCE------' OF RESTRICTIONS EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP RECORDED JULY 5, 1989, RECORDER'S FILE NO. 89-354659 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. IT ALSO PROVIDES THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. THE RIGHT TO LEVY CERTAIN CHARGES OR ASSESSMENTS AGAINST SAID LAND WHICH SHALL BECOME A LIEN IF NOT PAID, AS THEREIN SET FORTH, CONFERRED UPON AVIARA MASTER ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUTAL BENEFIT CORPORATION THE ABOVE MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT THE ASSESSMENT LIENS PROVIDED FOR THEREIN SHALL BE SUBORDINATE TO THE LIEN OF ANY FIRST MORTGAGE UPON ANY LOT. 35. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY ORGANIZED IN THE STATE OF CALIFORNIA, ITS SUCCESSORS AND ASSIGNS FOR THE CONSTRUCTION, OPERATION, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT, RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES, AND ALL NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES OF ANY'KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE GROUND. RECORDED AUGUST 7, 1989, RECORDER'S FILE NO. 89-419898 AFFECTS AS SET FORTH THEREIN 36. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAF~IRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR 1. UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY. RECORDED AFFECTS 2. COMMUNICATION FACILITIES, AND APPURTENANCES. FEBRUARY 20, 1990, RECORDER'S FILE NO. 90-090371 AS FOLLOWS: THAT CERTAIN STRIP OF LAND 10.00 FEET IN WIDTH, LYING WITHIN SAID SECTION 27, LYING ADJACENT TO AND COINCIDENT WITH THE WESTERLY, SOUTHWESTERLY AND SOUTHERLY EXTERIOR BOUNDARY OF THAT CERTAIN ROADWAY DESCRIBED AS PARCEL "B" OF DEED CONVEYED TO THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED JUNE 29, 1989 AT RECORDER'S FILE/PAGE NO. 89-345765 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO, KNOWN AS ALGA ROAD. 1182586 PAGE 10 ,.--' {I TICOR TIT. IN5URANCE- NOTES A. CODE AREA 09027 PARCEL NO. 215-040-16 B. CODE AREA 09132 PARCEL NO. 216-111-06, 216-150-18 C. CODE AREA 09133 PARCEL NO. 214-170-51, 216-111-05 1182586 PAGE 11 r-----~ fm TICOR TIT. IN5URANCE---' THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: CARLSBAD TRACT , AVIARA PHASE II, BEING A SUBDIVISION OF A PORTION OF SECTIONS 27, 28, 33 AND 34 ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF' SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. 1182586 PAGE 12 .----(!1J TICOR TITlIINSURANCE- . EXHIBIT A Printed Policy Exceptions and Exclusions ALTA RESIDENTIAL POLICY (6-1-87) The Exclusions and the Exceptions of the ALTA Residential Policy form recite that you are not insured against loss, costs. attorneys' fees, and expenses resulting from: Exclusions 1 Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2 The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3 Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date--unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date--this does not limit the labor and material lien coverage in Item 8 'of Covered Title Risks 4 Failure to pay value for your title. S Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Standard Exceptions (a) Any rights, interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights, claims or title to water on or under the land. ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE The Exclusions from Coverage of the ALTA Loan Policy form recites that 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 (inclu'ding but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a 'notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy Which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material, or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. S Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6 Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Polley and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 1182586 PAGE 13 (continued on next page) ,.---~ TICOR TIT. IN5URANCE------' CLTA STANDARD COVERAGE POLlCY-1988 The Exclusions from Coverage of the CLTA Standard Coverage Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs. attorneys' fees or expenses which arise by reason of: 1. (a) Any law. ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances. or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use. or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws. ordinances or governmental regUlations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects. liens. encumbrances. adverse claims or other matters: (a) 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 un enforceability 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. Schedule 8 of the CLTA Standard Coverage Policy form reCites that 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: Part I 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 facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 7. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. ALTA OWNER'S POLICY (10-21-87) The Exclusions from Coverage of the ALTA Owner's Policy form recites that the fallowing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged Violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy Which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 1182586 PAGE 14