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Home My WebLink AboutMCUP 16-04; HOUSE OF AIR; Conditional Use Permit (CUP)(City of Carlsbad APPUCATION8 APPUED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Development Services PlannlnJ Division 1635 Feraday Avenue (760) 602-4610 www.carlsbadce.sov Dtnlqpmtot Pwmltl CFOR DEPT. use ONLY) Llqllfltlp Permlfl (FOR DEPT. use ONLY) 0 Coaltlll Development Permit 0 Minor 0 Gene111l Plan Amendment ~ Condltlon81 u .. Permit ~Minor 0 Extension 0 Day Care (Large) 0 EnvlronmentallmpectAae181118nt 0 Habitat Management Permit 0 Minor 0 Hillside Development Permit 0 Minor 0 Nonconforming Conltnlctlon Permit 0 Planned Development Permit 0 Minor 0 Realdentlal 0 Non-Residential 0 Planning Commltllon Determination 0 Reaeonable Accommodation 0 Site Development PIM 0 Minor 0 Special u.. Permit 0 Tentative Parcel Map (Minor 8ubdlvl81on) 0 Tentative Trect Map (MaJor 8ubdlvl81on) 0 Variance OMinor 0 Local Coastal Prog111m Amendment 0 Maater Plan 0 Speclftc Plan 0 Zone Change 0Amendment 0Amendment 0 Zone Code Amendment Squth emttbld Ccla*t Rlv!!wAIII Ptrmlll 1----~ 0 Review Permit 0 Administrative 0 Minor 0 Major VIJiaqe BtrllwAig ftrmb 0 Review Permit c=J 0 Administrative 0 Minor 0 Major c=J N01B: A I'ROPOIIID PRO.IECT RIQUIIING IIUL11"1.1 APPUCA110N8 MUST 81! 8UIIMI1TID PRIOR TO 3:30 P.M. A PROPOIID PRo.H!CJ REQUIINI ONLY ONE :noN MUITBI! 8UIIMI11WDPNORT04-P& ASSESSOR PARCEL NO(S).: 213-281-24 -------------------------------------------------------PROJECT NAME: House of AJr -------------------------------------------------------BRIEF DESCRIPTION OF PROJECT: Application for a Minor Conditional Use Permit to allow a trampoline park facility. BRIEF LEGAL DESCRIPTION: Lots 19 through 22 of Carlsbad Tract No. CT 02-15 Bressi Ranch, In the City of cartsbad, LOCATION OF PROJECT: 63131nnovation Way ----------~------------~s=~==a~A~~~=esus~--------------------- ON THE: West SIDE OF Innovation --~~~~~====~--(NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BE1WEEN Gateway ----~~<~~~OF~~=R~e==n----AND Palomar Airport Road (NAME OF STREET) P-1 Page 1 of6 Reviled 03116 b.£\/Ofo0S3 OVttNER NAME (Aint): Brenllndustrlal, LLC MAILING ADDRESS: 130 Vanlls Unit 200 CITY, STATE. ZIP: Aliso VIejo, CA 92656 TELEPHONe BtAIL ADDRESS: APPLICANT NAME (Pflnt): David Schaeffer ~~~~~---------MAILING ADDRESS:928 Malon Street ~~~~~~-----------CITY, STATE, ZIP: San Franclaco, CA 94129 TELEPHONE: 415-345-9675 EMAil ADDRESS: daveOhouaeofair.com I CERTIFY THAT I THE LEGAL OWNER AND THAT AU. THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS E 0 CORRECT TO THE BEST OF MY ANDTHATALL THEABOVEINFORMATJONISTRUEANDCORRECTTO KNOWLEDGE. I..,.;"'"""'"-"'" LEGAL OWNER THAT THEAPPUCANT AS THE BEST OF MY KNOMEOOE. SET FORTH S MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF APPLICATION. Kathy stelndlberger 2888 Loker Avenue East, Suite 217 CITY, STATE, ZIP: Carlsbad, CA 92010 ----~~~-----------------------------------------TELEPHONE: 760-929-2288 ext 404 EMAil ADDRESS: kstelndlberger@hwplannlng.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPUCANT FOR PURPOSES OF 1liS APPLICATION AND THAT ALL THE N30VE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY ~~ 7-~1·74 DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PlANNING COMMISSIONERS CITY COUNCil MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. ENT TO ENTRY FOR THIS PURPOSE. FOR P-1 , .... fWuo .... ,,..: PROPERTY OVttNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH &NrYAIIIIf'l ANY SUCCESSORS IN INTEREST. Pago2of6 REC~]\'f.:D JUL 2 2 2016 CITY Of Ct-\!~LSBf\D DATE~~~£,:jd\¥10if:Rfi(f~bVED Reviled 03118 (cicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Plannlns 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 MY§! be disclosed at the time of application submittal. Your project cannot be reviewed until this Information Is completed. Please print. Note: Pereon Is defined as "Any Individual, finn, 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. 2. P·1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of & persons having a financial interest In the application. If the applicant Includes a comoratlon or PartnershiP, Include the names, tides, 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 corooratlon, Include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person David Schaeffer corp/Part ~Aut.,. fv\c.Geel-(7\tJ Title C.0-~"0r-.> ~ c.,Q__ Title CO -fb..J.-v~ Address 826 MasonSireet,SanFranclsco,CAe4129 Address1""tb .n~~ ~ Ci,AiV ~<~-~4> OWNER (Not the owner's agent) Cp.. ~"II'Z..t\ Provide the coMPLETE. LEGAL names and addresses of & 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 oubl!cly-own9d corooratton. Include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Bressi Industrial, LLC Title. _________ _ Title. ___________ _ Address. ________ _ Address 130 Vantis Unit 200 Aliso Viejo, CA 92656 Page 1 of2 Revised 07/10 3. NON-PROFIT ORGANIZA110N OR TRUST If any person ldenllfted ptnUant to (1) or (2) above Is a nongpftt gpanlzatlon or a trust 1st the nam11 and addre8ae8 of MX penaon serving as an officer or director of the non- profit organization or as trustee or beneficialy of the. Non Proftt/Trust Non Protit/Trus _______ _ Time Tme, __________________________ _ Addl'888 Addre88....__ ________ _ 4. Have you had more than $500 worth of bullne11 transacted with any member of City atalf, B08'dl, Commllllons, Committees and/or Council within the past twelve (12) months? D Yea lv'INo If yea, please Indicate peraon(a):. ________ _____ NOTE: Attach additional sheets If neceaary. Industrial, LLC David Schaeffer nt or type name of owner Print or type name of applcant 8 re of owner/a~ agent I appllcableldate Print or type name of owner/applicant's agent P.1(A) Page20f2 Reviled 07/10 (cicyof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: House of Air Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov ---------------------------------------------------- APPLICANT NAME: David Schaeffer 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: P-1(8) Page 1 of 1 Revised 07/10 0 I ;..; ;. ; .~:'1 Hr; 1;>-: PROJECT DESCRIPTION House of Air July2016 0 This project description accompanies applications and exhibits for a request for a Minor Conditional Use Permit to allow the House of Air Trampoline Park located at 6313 Innovation Way in Carlsbad. The General Plan Land Use designation for the site is Planned Industrial (PI) and the zoning designation is Planned Community (P-C) within the Bressi Ranch Master Plan (MP 178). The trampoline park is a recreational facility consisting of three trampoline courts, three trampoline basketball dunk lanes, two rock-climbing towers, kids soft play zone, concession area, three party rooms, employee office area, and restrooms. The project will be located in a 56,915 sf building in an industrial park; the vacant building is being split to create two tenants. The House of Air will occupy 32,560 sf of the building, with 5,888 sf designated as office. Parking for the House of Air is allocated at 93 spaces with 70 spaces remaining for the adjacent tenant for a total of 163 parking spaces. Pursuant to Chapter 21.44 of the Carlsbad Municipal Code (C.M.C.), the parking requirement for a •gym or health spa•, the most similar recreational use in the C.M.C., is one space per 200 square feet of floor area. The applicant is requesting a reduction in the number of parking spaces required for the trampoline park due to the nature of the trampoline park as a ride-sharing, child-oriented group activity as opposed to the typical single adult user visiting an athletic club or a gym. MCCLELlAN -PALOMAR AIRPORT lAND USE COMPATIBILITY PlAN (ALUCP) The McClellan -Palomar Airport Land Use Compatibility Plan, December 2011, establishes Safety Zones for locations adjacent to the McClellan-Palomar Airport in Carlsbad. The proposed project lies within a site split by two different Safety Zones in the ALUCP. The proposed House of Air occupies the portion of the site within Safety Zone 6 (see attached exhibit). Chapter 3, Section 3.4.11 ofthe ALUCP states: Project Sites Lying Partially within a Safety Zone or within Two or More Safety Zones: For the purpose of evaluating consistency with the compatibility criteria set forth in Table 111- 2, any parcel that is split by compatibility zone boundaries shall be considered as if it were multiple parcels divided at the compatibility zone boundary line. Historically, the project site was subject to the limitations on intensities of use due to its location within the Flight Activity Zone (FAZ) within the 1994 Comprehensive Land Use Plan (CLEP), .recorded in a Notice of Restriction dated June 2, 2005. As part of this submittal, Shea Bressi is processing revisions to the previous site maps, and lifting the Notice of Restriction for the parcel. It should be noted that due to the proposed project's location within Safety Zone 6, the House of Air recreational use is compatible with the restrictions and building standards of the ALUCP. 2888 Loker Avenue East. Suite 217, Carlsbad. CA 92010 www.hwplonninq.com 760.929.2288 0 I I : ~: : ' ~ 0 I , ...... ' I I-< •: I;>-: ~SE PLANNING AND ENIIN~ TRIP GENERATION The House of Air proposes to locate a trampoline facility located on a 4.285 acre site within an existing 32,560 square foot space in a vacant building. Per City of carlsbad standards, trip generation rates for the proposed trampoline facility were based on rates provided in SANDAG's Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region: Multipurpose Recreational Facility. Trip generation for the proposed project were calculated by using the peak trip generation rate of 90/acre resulting in 90 x 4.285 acres = 386 ADT. The proposed House of Air project will generate an average daily trips (Aon of 386 vehicles per day. 2888 Loker Avenue East, Suite 217, Carlsbad, CA 92010 www.hwplannlnq.com 760.929.2288 0 0 Caw or QUistiad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) P«vflamcat lcndt«s · · ·Pianrlln, DIVIsion 1635 Faraday Avenue (7t0) 602-4610 www.carlsbadca.aov Condatlon of lJitl of81* Related to H.-clol.w W8llel (Certlflcallon of ComplianCe With GoVeti1meJ'It COde 8ecUOn 86982.6) Purauent to State of C&lfornla Government Code Section 86982.5, I have conaulted the ........ W... and Subltancel 8lte8 Lilt compled by the California Environmental PtoteGtiOn AGenCY and hereby cetttfy that (check one): • The ~t project and any~ propoted In this appltcatlon 111 nat contained on the .... compiled puralM to Section 8&G62.5 of the State Government Code. 0 The _.pmentproJect and MY. ~In this application a contained on the IIIIB complied~ to Section 81912.8 Of... GoYemment Code. APPLICANT Name: David Schaeffer Adchla: 926 Mason Street San Francisco, CA 94129 Phone Number: 415-345-9675 Addr~~~ot8ite:63131nnovation Way PROPERTY OWNER Name: Bressllndustrlal, LLC Addrale: 130 Vantls Unit 200 Aliso VIejo, CA 92656 Phone Number:. ____________ __ Local AGencY (City anc1 County): City of Carlsbad, San Diego County Allellor'a book, page, and parcel number:_2_13_-_26_1_·_2_4 _________ _ Specifyht(a):._N_A ___________________ _ ~~N~~N_A ______________ ___ oaea or Lilt NA -------------~-~~~~~-- Assistant Secretary The Hazardous waete and SUbatancaa Sites Uat (Corteae Uat) Ia used by the State, local agehCiea and d8velopera to comply with the Oallfomla Environmental Quality Ad. requirements In providing Information about the loclllon of hazardout materlala re1eaee sites. P.1(C) Plge1 of2 ' '/'~-- Llt"~'' ;~:-_ Carls·oa_r- 0 EIA INFORMAnON FORM P-1{0) 0 INSmUCTION SHEET FOR COMPLETING AN E~RONMEN[ALIMPACTAS§ESSMEN[ INFORMATION FORM Plannl111 Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the Califomia Environmental Quality Act (CEQA) and Title 19 of Car1sbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (I.e., biological, cultural raaource, traffic, noise) that are necessary to substantiate a "no Impact' or "yes Impact" detennlnation should be submitted • an attachment to this Environmental lnfonnatlon Fonn. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1(0) Page 1 of4 Revised 07/10 0 0 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: 0'7,2.2120\ fo (To be completed by City) Application Number(s): HlliP \b-0'\ Generallnfonnatlon 1. Name of project: House of Air ---------=~~------------------- 2. Name of developer or project sponsor: David Schaeffer ----------~-------------- Address: 926 Mason Street city, State, Zip Code: San Francisco, CA 94129 Phone Number: (415) 345-9675 3. Name of person to be contacted concerning this project: Kathy Steindlberger Address: 2888 Loker Avenue East, Suite 217 City, state, Zip Code: Carlsbad, CA 9201 0 Phone Number: 760-929-2288 ext 404 4. Address of Project: 6313 Innovation Way, Carlsbad, CA 92010 5. 6. 7. 8. 9. Assessor's Parcel Number: 213-261-24 ---------------------------- ~ist and describe a~y other related pennits and other public approvals required for this project, Including those required by city, regional, state and federal agencies: Minor CUP Existing General Plan Land use Designation: PI -Planned Industrial Existing zoning district: P-C Planned Community Existing tand use(s): Industrial Building Proposed use of site (PrOJect for which this fonn is filed): Trampoline Park Facility ---------- Project Deacrlptlon 10. Sitesize: _4_.2_8_5_A_c_r_e ________________ _ 11. Proposed Building square footage: 32,560 sf located within an existing 56,915 sf building 12: Number of floors of construction: Existing: Single Story 13. Amount of off-street parking provided: 93 Parking Spaces ------~~---------------- 14. Associated projects: None ------------------------------- P-1(0) Page2of4 Revised 07110 0 0 15. If residential, include the number of units and schedule of unit sizes: -------- N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ------------------ N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities: ----- It is estimated that a minimum of 9 persons will staff the facility No loading facilities are needed for this use. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project ------- N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clear1y why the application is required: ----------------- Trampoline park/recreation facilities are required to process a MCUP in the PM zone. P-1(0) Page3of4 Revised 07/10 0 0 Are the following items applicable to the project or Its effects? Discuss Bll items checked yes (attach additional sheets as necessary). cr No 20. Change In extsttng features of any bays, tidelands, beaches, or hills, or substantial ~ alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or 0 0 roads. 22. Change in pattern, scale or character of general area of project 0 ~ 23. Significant amounts of solid waste or litter. D ~ 24. Change in dust, ash, smoke, fumes or odors in vicinity. 0 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D 121 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D ~ 27. Site on filled land or on slope of 10 percent or more. D ~ 28. Use of disposal of potentially hazardous materials, such as toxic substances, D 121 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D 121 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D ~ 31. Relationship to a larger project or ~ries of projects. D 121 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. De$cribe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including infonnation on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, deparbnent stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data' and infonnation required for this initial evaluation to the best of my ability, and that the facts, statements, and lnlaomation pteMnted ... true and conactlo the best of my~ Date: ~} z.., \ '""2-o l& Signature: -~-~-====-:;~------ For: P-1(0) Page4of4 Revised 07/10 EIA HOUSE OF AIR Environmental Setting 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. The House of Air project is proposed within a building currently being constructed at 6313 Innovation Way and Gateway. The project site topography, soil stability, plants and animals, and cultural aspects were evaluated as part of SOP 15-09. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. The project site is located within Bressi Ranch CT 02-15 industrial building site along Innovation Way and Gateway. Lot 23 to the north is a vacant pre-graded lot. Directly west are multiple 2-story office buildings. Directly across Gateway Road to the sout h lies a single family neighborhood s.urrounded by a large wall, and landscaped setbacks. To the east across Innovation Way are the Towers at Bressi Ranch, a flex/industrial office development. Ccicyof Carlstiad TIME UMITS ON DISCRETIONARY PROJECTS P-1(E) PI§ASENQII: Development Services PlllnnlftiDivtslon 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.aov Time Hrnltl on the proceulng d discretionary projects established by state law do not atart until a project application 18 ct.med complete by the City. The City hal 30 calendar claya from the date of application 8UIItmlltal (o determine whether an application is complete or Incomplete. Within 30 days of submittal of 1118 appllcalion you wiU receive a letter stating whether this application Ia complete or Incomplete. If I is incomplete, the letter will state what Ia needed to make this application complete. When the application Ia complete, the proceaslng period will start upon the date of the completion letter. If you have 811J q..aon. ......,..lng applloatlon eubmlttal ............... (I.e., cldlcatlon ....... • ....-.nc ~or whellw all requl1'811181da.,. neceeeary for your partlcu._ apptlolillon) PI••• 0111 (710) o. Applicant Signature: Staff Signature: Date: [. 2Z-llf To be atapled with receipt to the application P-1(E) Plge 1 of1 Reviled 07/10 June 20, 2016 Laurie Riddle Shea Properties 130 Vantis Ste 200 Aliso Viejo , CA. 92656 Phone: (949)389-7114 Fax: (949)389-7188 Customer Reference: litle Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: Ordaber: NCS-759159-50 Page Number: 1 First American Title Company National Commercial Services 4380 La Jolla VIllage Drive, Suite 110 San Diego, CA 92122 Vacant Land/APN 213-261-16-00 Vince Tocco/ Unda Slavik (858)410-3886 (877)461-2094 vtocco@flrstam.com To Be Determined Bressi Industrial, LLC Vacant land, carlsbad, CA. PREUMINARY REPORT June 20, 2016 update In response to the above referenced application for a policy of title Insurance, this company hereby reports that It Is prepared to Issue, or cause to be Issued, as of the date hereof, a Polley or Policies of Title Insurance desalblng the land and the estate or Interest therein hereinafter set forth, lnSIJ'tng against loss which may be sustained by reason of any clefed:, lien or encumbrance not shown or referred to as an Exception below or not excluded from o:werage pursuant to the printed Schedules, Conditions and Stipulations of said Polley forms. The printed Exceptions and Exclusions from the coverage and Umltatlons on Covered Risks of said policy or policies are set forth In Exhibit A attached. Thtl pt1/k:.y ID 1M--tn1Y aJIIIIJin 1111 MIJIIntlon dMI6e. ..,_ 1M Amolllt of~ II,_IIIM lhllt s«lbtth In 1M MtJ/b..tkJn ~ ., llltJ/IrMJie m.ll6s,.,-MtJitribd lit 1M option of t!ltMr 1M~ tJr 1M lnluted. 1M~ lf!mlldy oftM pM/5. Urnltatlons on Covered Risks applicable to the O.TA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Umlt of uablllty for certain coverages are also set forth In Exhibit A. Copies of the policy forms should be read. They are available from the office which Issued this report. Rrst American 77tle lnsurai1Cl! Company Ord4ber: NCS-759159-SD Page Number: 2 Please reed the exwptions shown or referred to below and the exaaptions and exduslons set forth In Exhibit A of this report carefully. The exceptions and exduslons are meant to provide you with notice of matters which are not awerecl under the terms of the title Insurance policy and should be carefully considered. It Is Important to note that this preliminary report Is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) Is Issued solely for the purpose of facilitating the Issuance of a policy of title Insurance and no liability Is assumed hereby. If It is desired that liability be assumed prior to the Issuance of a policy of title Insurance, a Binder or Commitment should be requested. Rrst AmertCiln 7itle Insurance Company Dated as of June 14, 2016 at 7:30A.M. The fonn of Policy of title insurance contemplated by this report is: To Be Detennined OrdAmber: NCS-759159-SD Page Number: 3 A specific request should be made if another fonn or additional coverage is desired. litle to said estate or interest at the date hereof is vested in: Bressi Industrial, LLC, a california limited liability company The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple as to Parcel 1, an easement as to Parcel 2. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy fonn would be as follows: 1. General and special taxes and assessments for the fiscal year 2016-2017, a lien not yet due or payable. 2. This item has been intentionally deleted. 3. Assessment liens, If applicable, collected with the general and special taxes, including but not limited to those disclosed by the reflection of the following on the tax roll: 1915 Bond for City of carlsbad 2002-1; Street Improvements 4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the california Government Code for Community Fadlltles District No. 1, as disclosed by Notice of Special Tax Uen recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records. Document(s) declaring modifications thereof recorded March 14, 2003 as Instrument No. 2003- 0289327 and 2003-0289328, both of Offidal Records. -- 5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. 6. The tenns and provisions contained in the document entitled "Agreement Regarding the Payment of a Public Facilities Fee for inside the Boundaries of Community Facilities District No. 1" recorded December 11, 1998 as Instrument No. 1998-0806517 of Offidal Records. Rrst Arneric4n TTtle Insurance Company Ordeaber: NC5-759159-SD Page Number: 4 7. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property'' recorded February 25, 2003 as Instrument No. 2003-Q210190 of Official Records. 8. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded March 11, 2003 as Instrument No. 2003-0270075 of Official Records. 9. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded March 11, 2003 as Instrument No. 2003-0270076 of Official Records. 10. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded Aprill, 2003 as Instrument No. 2003-0362107 of Official Records. 11. An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No. 14960 of Maps For: General utility and access and incidental purposes. (Affects Parcell) A portion of said easement was vacated by Resolution No. 2007-211 recorded August 9, 2007 as Instrument No. 2007-0532404 of Official Records. 12. An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No. 14960 of Maps For: Restricted sight distance and incidental purposes. (Affects Parcel 1) 13. An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No. 14960 of Maps For: Landscape maintenance and incidental purposes. 14. An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No. 14960 of Maps For: Future private drainage and incidental purposes. (Affects Parcel 2) 15. Abutter's rights of ingress and egress to or from Innovation Way have been dedicated or relinquished on the map of carlsbad Tract CT 02-15 of Map No. 14960 of Maps recorded February 04, 2005. 16. Abutter's rights of ingress and egress to or from Gateway Road have been dedicated or relinquished on the map of carlsbad Tract CT 02-15 of Map No. 14960 of Maps recorded February 04, 2005. (Affects Parcel 1) Rrst American 77tle Insurance Company Ord.ber: NCS-759159-SD Page Number: 5 17. Covenants, conditions, restrictions, easements, assessments, liens, dlarges, tenns and provisions in the document recorded March 15, 2005 as Instrument No. 2005-Q210897 of Official Records, whidl provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction Indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate litle 42, Section 3604{c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants In senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded January 26, 2012 as Instrument No. 2012- 0045639 of Official Records. Document(s) declaring modifications thereof recorded July 17, 2012 as Instrument No. 2012- 0412306 of Official Records. Document(s) declaring modifications thereof recorded February 22, 2013 as Instrument No. 2013-0117373 of Official Records. Document(s) declaring modifications thereof recorded December 17, 2014 as Instrument No. 2014-0556453 of Official Records. 18. The tenns and provisions contained in the document entitled "Agreement Regarding Annexation of Certain Real Property to Street Ughting and Landscape District No. 2 of the City of Carlsbad and Approval of the Levy of Assessments on such Real Property" recorded March 16, 2005 as Instrument No. 2005-0216793 of Official Records. 19. An easement for public utilities and incidental purposes, recorded April 11, 2005 as Instrument No. 2005-0294004 of Official Records. In Favor of: Affects: San Diego Gas & Electric Company As described therein 20. The tenns and provisions contained in the document entitled "Notice of Restriction on Real Property'' recorded June 2, 2005 as Instrument No. 2005-0461222 of Official Records. 21. Covenants, conditions, restrictions and easements in the document recorded June 9, 2005 as Instrument No. 2005-0483802 of Official Records, which provide that a violation thereof shall not defeat or render Invalid the lien of any first mortgage or deed of trust made In good faith and for value, but deleting any covenant, condition or restriction Indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate litle 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded July 26, 2006 as Instrument No. 2006- 0529274 of Official Records. Rrst American Title Insurance Company Ord.ber: NCS-759159-50 Page Number: 6 22. Covenants, conditions, restrictions and easements in the document recorded August 11, 2005 as Instrument No. 2005-Q689778 of Offidal Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate litle 42, Section 3604(c), of the United States Codes or Section 12955 of the california Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded July 28, 2006 as Instrument No. 2006- 0536070 of Offidal Records. Document(s) declaring modifications thereof recorded February 10, 2014 as Instrument No. 2014-0054465 of Offidal Records. 23. An easement for private storm drain and incidental purposes, recorded August 16, 2007 as Instrument No. 2007-0546688 of Official Records. In Favor of: Affects: Lot 23 Bressi Ranch, LLC, a california Umited Liability Company Lots 19 and 22 The terms and provisions contained in the document entitled "Encroachment Agreement'' recorded December 24, 2007 as Instrument No. 2007-0790600 of Offidal Records. 24. An easement for general utility and access purposes and incidental purposes, recorded November 13, 2007 as Instrument No. 2007-0717227 of Official Records. In Favor of: City of carlsbad, a Municipal Corporation Affects: As described therein 25. The terms and provisions contained in the document entitled "Permanent Storm Water Quality Best Management Practice Maintenance Agreement" recorded December 19, 2007 as Instrument No. 2007-0781660 of Official Records. 26. A deed of trust to secure an original indebtedness of $10,000,000.00 recorded September 25, 2015 as Instrument No. 2015-0505923 of Official Records. Dated: Trustor: Trustee: Beneficiary: September 23, 2015 Bressi Industrial, LLC Rrst American litle Insurance Company City National Bank The above deed of trust states that it is a construction deed of trust. 27. Any statutory lien for labor or materials arising by reason of a work of Improvement, as disclosed by a document recorded September 25, 2015 as Instrument No. 2015-0505923 of Offidal Records. 28. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded October 21, 2015 as Instrument No. 2015-0549375 of Offidal Records. Rrst AmerlaJn TitJe Insurance Company Ord.ber: NCS-759159-SD Page Number: 7 29. The tenns and provisions contained in the document entitled "Pennanent Stonnwater Quality Best Management Practice Maintenace Agreement'' recorded October 21, 2015 as Instrument No. 2015-0549376 of Official Records. 30. The tenns and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded October 22, 2015 as Instrument No. 2015-0553267 of Official Records. 31. Water rights, daims or title to water, whether or not shown by the public records. 32. Rights of parties in possession. 33. An easement shown or dedicated on the map filed or recorded December 17, 2015 as Instrument No. 2015-7000509 of Parcel Map No. 21308 For: Sewer and incidental purposes. 34. Covenants, conditions, restrictions, easements, assessments, liens, charges, tenns and provisions in the document recorded December 23, 2015 as Instrument No. 2015-0654188 of Official Records, which provide that a violation thereof shall not defeat or render Invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of Income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604( c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 35. An easement for Underground Facilities for the transmission and distribution of electricity, Pipelines and Communication Facilities and incidental purposes, recorded January 15, 2016 as Instrument No. 2016-0018190 of Official Records. In Favor of: Affects: San Diego Gas & Electric Company, a Corporation as described therein First American Tltle Insurance Company 0 INFORMATIONAL NOTES OrderL: NCS-759159-SD Page Number: 8 1. Taxes for proration purposes only for the fiscal year 2015-2016. Rrst Installment: $29,394.39, PAID second Installment: $29,394.39, PAID Tax Rate Area: 09199 APN: 213-261-16..()0 Note for information: The San Diego County Assessor has indicated a new tax identification number will come Into use for the property In question in the future. At this time the new number is: 213-261-24-00 and 213-261-25-00. 2. Supplemental taxes for the fiscal year 2015-2016 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $13,639.25, PAID Penalty: $0.00 second Installment: $13,639.25, PAID Penalty: $0.00 Tax Rate Area: 09199 A. P. No.: 859-107-64-65 3. The property covered by this report is vacant land. 4. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded June 10, 2015 as Instrument No. 2015-0300812 of Official Records. From: Slater Place LP, a California limited partnership To: Bressl Industrial, LLC, a California limited liability company 5. It appears that a work of improvement Is in progress or recently completed on the land. The Company will require various documents and Information, induding but not limited to a completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement, disbursement information, executed indemnity agreement and current financial information from proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued. other requirements may be made following the review of such documents and information. 6. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that Identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 7. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: Rrst American Title Insurance Company 0 A. WITH RESPECT TO A CORPORATION: Ord.mber: NCS-759159-SD Page Number: 9 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domidle. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of california. 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CAUFORNIA UMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State, of california. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN UMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of california. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the california Corporation Code (form GP-1), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A UMITED UABILITY COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a california limited liability company, a certified copy of its artides of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of artides of organization (LLC-10) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: Rrst American ntle Insurance Company 0 Orde.ber: NCS-759159-SD Page Number: 10 (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be exeruted by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 6. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American litle Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instrudions for deposit of funds to your escrow file please contad your Escrow Officer.***** Rrst American Title Insurance Company 0 LEGAL DESCRIPTION Order-ber: NCS-759159-SD Page Number: 11 Real property in the City of carlsbad, County of San Diego, State of california, desaibed as follows: PARCEL 1: PARCELS 1 AND 2 OF PARCEL MAP NO. 21308, IN THE CI1Y OF CARLSBAD, COUNTY OF SAN DIEGO, SfATE OF CAUFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNlY, DECEMBER 17, 2015 AS FILE NO. 2015-7000509 OF OFFICIAL RECORDS. PARCEL 2: A PERPETUAL NON-EXCLUSIVE EASEMENT FOR LANDSCAPE, SfORM DRAIN, UTIUlY AND SIGNAGE, AS SET FORTH IN THAT CERTAIN "DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS AND GRANT OF REOPROCAL EASEMENTS FOR BRESS! RANCH CORPORATE CENTER", RECORDED MARCH 15, 2005 AS INSTRUMENT NO. 2005-0210897, OF OFFICIAL RECORDS. APN: 213-261-16-00 (OLD APN) New APN's: 213-261-24-00 (Affects: Parcel 1 of Parcel 1) (Not Yet Assessed) 213-261-25-00 (Affects: Parcel 2 of Parcell) (Not Yet Assessed) Rrst American 7ltle Insurance COmpany 0 ordAber: NCS-759159-50 Page Number: 12 The First American Corporation Rrst American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and In the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or finandal information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The Rrst American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Polley governs our use of the information which you provide to us. It does not govern the manner in which we may use Information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. Rrst American calls these guidelines Its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, lndudlng the period after which any customer relationship has ceased. SUch information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies Include finandal service providers, such as title insurers, property and casualty insurers, and trust and Investment advisory companies, or companies Involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Rrst American Title Insurance Company 0 Order-ber: NCS-759159-SD Page Number: 13 CLTA/ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE (02-Gl-10) 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; (d) Improvements on the Land; (b) zoning; (c) land use; (e) land dMsion; and (f) environmental protection. This Exclusion does not limit the coverage described In Covered Risk B.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded In the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result In no loss to You; or (d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, S.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Trtle. 6. Lack of a right: (a) to any land outside the area spedflcally 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 desaibed 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, state insolvency, or similar creditors' rights laws. UMITATIONS ON COVERED RISKS Your Insurance for the following Covered Risks Is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Umlt of Uablllty shown in Schedule A. your Dedud:lble Amount Covered Risk 16: 1% of Policy Amount or $2,500.00 {whichever is less) Covered Risk 18: 1% of Policy Amount or $5,000.00 {whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 {whichever is less) Covered Risk 21: 1% of Policy Amount or $2,500.00 {whichever is less) Our Maximum Dollar Ym!t of Uabll!tv $10,000.00 $25,000.00 $25,000.00 $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POUCY (6·1·87) EXCLUSIONS In addition to the Exceptions In Schedule B, you are not Insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental pollee power, and the existence or violation of any law or government regulation. This Includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) Improvements on the land (c) and division (d) 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) a notice of exercising the right appears In the public records on the Policy Date (b) the taking happened prior to the Polley Date and is binding on you If you bought the land without knowing of the taking Rrst American Title Insurance Company 0 3. Title Risks: (a) that are aeated, allowed, or agreed to by you Order L: NCS-759159-SD Page Number: 14 (b) that are known to you, but not to us, on the Polity Date--unless they appeared in the public records (c) that result In no loss to you (d) that first affec:t your title after the Polity Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to In Item 3 of Schedule A OR (b) In streets, alleys, or waterways that touch your land This exdusion does not limit the access coverage In Item 5 of Covered Trtle Risks. 2006 ALTA LOAN POUCY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly exduded from the coverage of this polity, 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 (induding 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 subdMsion of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exdusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b. Any governmental police power. This Exdusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exdusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse daims, or other matters a. aeated, suffered, assumed, or agreed to by the Insured Oaimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disdosed in writing to the Company by the Insured Claimant prior to the date the Insured Oaimant became an Insured under this polity; c. resulting in no loss or damage to the Insured Claimant; d. attaching or aeated 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 daim, 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 Trtle 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 Exdusion does not modify or limit the coverage provided under Covered Risk ll{b). The above polity form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exdusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also lndude the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: Rrst American Title Insurance Company 0 Order-ber: NCS-759159-SD Page Number: 15 1. (a) Taxes or assessments that are not shown as existing liens by the remrds 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 remrds 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 d the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any enaoachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or In Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POUCY (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 pollee 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 Calmant; 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 Calmant 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 aedit protection or truth-in-lending law. 6. Any daim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also Include the following Exceptions from Coverage: EXCEPnONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: Rrst American 7itie Insurance Company Order-ber: NCS-759159-SD Page Number: 16 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, Interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons In possession of the Land. 3. Easements, liens or encumbrances, or daims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disdosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining daims; (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. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (07-26-10) 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, 6, 13(c), 13(d), 14 or 16. b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Oaimant; 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, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided In Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. Rrst American Title Insurance Company . ' City of Carlsbad Faraday Center ' ... Faraday Cashiering 001 1620401-2 07/22/2016 149 Fri, Jul 22, 2016 03:27PM Receipt Ref Nbr: R1620401-2/0047 PERMITS -PERMITS Tran Ref Nbr: 162040102 0047 0055 Trans/Rcpt#: R0118975 SET #: MCUP1604 Amount: Item Subtota 1 : Item Total: ITEM(S) TOTAL: Check (Chk# 1661) Total Received: Have a nice day! 1 @ $833.15 $833.15 $833.15 $833.15 $833. 15 $833.15 **************CUSTOMER COPY************* 0 0 • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111111111111 Applicant: SCHAEFFER DAVID Description Amount MCUP1604 833.15 Receipt Number: R0118975 Transaction ID: R0118975 Transaction Date: 07/22/2016 Pay Type Method Description Amount Payment Check 833.15 Transaction Amount: 833.15