HomeMy WebLinkAboutMS 2018-0002; OAK AVE PARCEL MAP; Minor Subdivision (MS)(cilyof
Carlsbad
,, LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
0 Coastal Development Permit O Minor
0 Conditional Use Permit
0 Minor O Extension
0 Day Care (Large)
0 Environmental Impact Assessment
0 Habitat Management Permit
0 HIiiside Development Permit
0 Minor
0 Minor
0 Nonconforming Construction Permit
D Planned Development Permit O Minor
0 Residential O Non-Residential
0 Planning Commission Determination
0 Reasonable Accommodation
0 Site Development Plan O Minor
0 Special Use Permit
¢ Tentative Parcel Map (Minor Subdivision)
0 Tentative Tract Map (Major Subdivision)
0 Variance 0 Minor
(FOR DEPT. USE ONLY) Legislative Permits
r\ ~tol ¥d cro'l.-
D General Plan Amendment
0 Local Coastal Program Amendment
D Master Plan
0 Specific Plan
0 Zone Change
□Amendment
□Amendment
0 Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
0 Review Permit
0 Administrative O Minor D Major
Village Review Area Permits
0 Review Permit
0 Administrative O Minor O Major
(FOR DEPT. USE ONLY)
B
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST
AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT.
ASSESSOR PARCEL NO(S):
LOCATION OF PROJECT:
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
~05 -020 .... l8 -CO
(STRE ADDRESS) /
13'7\ \ c? gk ~!11€M l/4L 'to~ ,r \Cc.f
_ o __ ESTIMATED COMPLETION DATE N / p...
I
Development No. 0 6J 7,e>\.~-ooc.t~ Lead Case No.
P-1 Page 1 of 6 Revised 03/17
,•
OWNER NAME
INDIVIDUAL NAME
{if applicable):
COMPANY NAME
{if applicable):
MAILING ADDRESS: C-<....R. -11.-.....a.,.a..-..it;J::.M;....'---'-',,,j¥,..;.~=-
C I TY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THA, ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
PURPOSES OF THIS APPLICATION.
\j \\~ K-~ t 3-Cj· l~
IGNA TURE ATE
APPLICANT NAME {PLEASE PRINT)
INDIVIDUAL NAME -r _ . . -/'h, \ t _ / _ .
{if applicable): \.Mf},\£,1 J Ii""\ t 1 ~ .O~
COMPANY NAIVIE
{if applicable):
w.1uNa ADoRess, ~ o"'-"'. A~"-'-
c1TY. STATE, 21P:bt=.d LA ei zoos
TELEPHONE: ~t~o\ 4~ -~l Z:..~
EMAIL ADDREss: ~Yb&-. t..ill-t baf?\1 r.& 8mi,;,; I . co11
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
f,·1~;~~ 2
SIGNAT E
APPLICANT'S REPRESENTATIVE (Print): 0 Ht--.l ~---neo HM\~ 4-1:?t<
MAILING ADDRESS: u,'3 t:; \J ( p... C.0<-..UM 6 \ A,
CITY.STATE.ZIP: VISTA CA. e:::\ZO~I
TELEPHONE: (. 7b-V ) 4 l z;, ---ZtS M
EMAIL ADDREss: .j oh"' :e ~-r r'o h@; Ll;J; 1K) • covi,,
ESENT ATIVE OF THE APPLICANT FOR
LHJ.ll~'lf'LI ATION AND THAT ALL THE ABOVE
AN CORRECT TO THE BEST OF MY
'I'
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. IM/E CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
¾ \:\~ \L. ~
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
RECEIVED BY:
I 7(/
P-1 Page 2 of6 Revised 03/17
( City of
Carlsbad
•
PROJECT DESCRIPTION
P-1(8)
PROJECT NAME: 1391 Oak Avenue Lot Split
APPLICANT NAME: Temujin Matsubara
.,
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
P-1(6) Page 1 of 1 Revised 07/10
r'
( City of
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
f, :. ' .. ~ :f''"' ;~-~ 'l • . . \(760) 602-4610
m·\.. ~--'"'/ --~ \.. '-W~.carlsbadca.gov
CITY OF C,:,C;[_:".'? ,. ')
Consultation of Lists of Sites Related to HazardoPt.W~lt~C ::= :\/,-. :._ .. J
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application !!! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Temujin Matsubara
Address: 1391 Oak Avenue
Carlsbad, CA92008
Phone Number: 760-458-3129
Address of Site: 1391 Oak Avenue
!f Y!~iy OWNER
Name:arnest. Matsubara
Address: \~'l l o~l Alfr!-
Lf&~6~d) Cr-~ ta>g
Phone Number: 1 /.JC)· +§is· '¢ 12-4
Local Agency (City and County): Carlsbad, San Diego County
Assessor's book, page, and parcel number:_2_0_5_-_0_2_0_-_1_8 _____________ _
Specify list(s): __________________________ _
Regulatory Identification Number: _____________________ _
Date of List: ___________________________ _
r, ~ \.\~ M-~ )I. 3~.._1-i
Property Owner Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of2 Revised 02/13
( City of
Carlsbad
(' -
"fENTATIVE PARCEL MAP
WAIVER OF PROCESSING
TIME LIMITS
P-1(F)
Proposed Minor Subdivision No.: __________ _
Development Services
Planning Division
1635 Faraday Avenue
760-602-4610
www.carlsbadca.gov
Subdivision Map Act (SMA) Section 66452.1 sets a 50-day time limit for the Planning Division to process
tentative parcel maps. Per SMA Section 66451.1, this time limit may be extended by mutual consent of the
applicant and the city to allow for concurrent processing of related approvals or an environmental review of the
project.
By accepting applications for tentative parcel maps concurrently with applications for other approvals that are
prerequisites to the map (e.g., Environmental Information Form, Environmental Impact Report, Condominium
Permit, Planned Unit Development), the 50-day time limit is often exceeded. For the city to process a tentative
parcel map application concurrently, the property owner or applicant must sign this agreement. If this
agreement is not signed, the city will accept the tentative parcel map application only after all prerequisites to
the map have been processed and approved.
The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time
restriction and hereby waives such time restriction for city planner action.
Het.ef..C;E ~ 1 • . .1...,. Q ~ ~ner is (check one): .J\,N R. ,~~tet-=te.5\ /'l\p. TS~1Bt~P•.. °> -~-lfZ ~Property Owner □Applicant
Signature Print Name Date
MAR 15 2018
P-1 (F) Rev. 04/13
{ City of
Car sbad
I INSTRUCTIONS:
STORM WATER STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
To address post-development pollutants that may be generated from development projects, the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project. Depending on the
outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City
staff has responsibility for making the final assessment after submission of the development application. If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete. In this case, please
make the changes to the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application. Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
PROJECT INFORMATION
ADDREss: l~tl v0 tc-1~;v-e Cat.b. ,uJ u... qZlt)~ APN: ZoG -oz..o-iG-oo
The project is (check one): JZ! New Development D Redevelopment
The total proposed disturbed area is:-0 -ft2 ( _____ ....,) acres
The total proposed newly created and/or replaced impervious area is:-C> -ft2 (,._ __ __,) acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID ________________ SWQMP #: ________________ _
Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your
application to the city.
E-34 Page 1 of 4
STEP 1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building 'ef □ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my
project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
(~~t-'
h h+ .,0 ~ +-[/\h th prurp~ (A ;n.o
s~ cf\_ ~~
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
STEP2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; □ □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads;
c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets ouidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ □ accordance with the USEPA Green Streets guidance?
3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark
the second box stating "my project is EXEMPT from PDP ... " and complete applicant information.
Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If vou answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV 04/17
•
STEP3
TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)):
YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ □ and public development proiects on public or private land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ □ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or private land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is
a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ □ refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project? A hillside □ □ development project includes development on any natural slope that is twenty-five oercent or greater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ □ a land area or facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the
transportation of automobiles, trucks, motorcycles, and other vehicles.
7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ □ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).•
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ □ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.
9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ □ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADT) of 100 or more vehicles per day.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ □ and are expected to generate pollutants post construction~
11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ □ 21 .203.040)
If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment
project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... "
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the
second box statinq "Mv proiect is a 'STANDARD PROJECT' ... " and complete aoolicant information.
E-34 Page 3 of 4 REV 04/17
STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50% of the surface area of the previously existing development? Complete the percent
impervious calculation below:
Existing impervious area (A) = sq. ft. □ □
Total proposed newly created or replaced impervious area (8) = sq. ft.
Percent impervious area created or replaced (B/A)*100 = %
If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete
applicant information.
If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the
check the first box stating "My project is a PDP ... " and complete aoolicant information.
STEPS
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project
Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
~ My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
~ r I
Applicant Name. ~ v\.,J .J&1.cJ 'AAtJ, fa0. bv\ fk Applicant Title:
Applicant Signature:~~,.$~ -=::::::. Date: 1-3/-jb ,-
.. . . • Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Speaal
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basi_n (1994) and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat
Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City.
This Box for Citv Use Onlv
YES NO
City Concurrence: □ □
By:
Date:
Project ID:
E-34 Page 4 of 4 REV04/17
Letter of Transmittal
March 14, 2018 Matsubara Lot Split
TO: City of Carlsbad Planning Department
CC: Temujin Matsubara w/0 Enclosures via e-mail
5 copies -Tentative Parcel Map
1 original -Land Use Review Application P-1
2 copies -Preliminary Title Report
1391 Oak Avenue
1 original -Tentative Parcel Map Waiver of Processing Time Limits P-l(F)
2 originals -Storm Water Standards Questionnaire E-34
1 original -Project Description P-1(8)
1 original -Hazardous Waste and Substances Statement P-l(C)
1 set -Photographs of the Site
1 original -Early Public Notice package
1 original -Check No. 1797 payable to the City of Carlsbad in the amount of $4,069.50
Transmitted for your review and comment.
John P. Strohminger, RCE, PLS, QSD/P
john@pacificoverland.com
760-385-8410 635 Via Columbia, Vista, CA 92081 www.pacificoverland.com
First American Title"'
HOMEBUILDER SERVICES
1250 Corona Pointe Court, Suite 201, Corona, CA 92879
Toll Free (877) 659-4502 -Fax (909) 477-6055
First American Title Insurance Company, a California corporation,
HEREBY CERTIFIES THAT ACCORDING TO THE RECORDS OF A VENDOR SERVICE,
THE ATTACHED LIST CONTAINS THE NAMES AND ADDRESSES OF ALL PERSONS
TO WHOM ALL PROPERTY IS ASSESSED AS THEY APPEAR ON THE LATEST
AVAILABLE ASSESSMENT ROLL OF THE COUNTY OF SAN DIEGO WITHIN THE
AREA DESCRIBED AND FOR A DISTANCE OF 300 FEET FROM THE EXTERIOR
BOUNDARIES OF THE PROPERTY LEGALLY DESCRIBED AS:
APN: 205-020-18-00
Dated March 6. 2018
MAR 15 2018
First American Title Company
..
r-
\,,....,
CL TA Preliminary Report Form
(Rev. 11/06)
Order Number: NHSC-5571044 (06)
Page Number: 1
First American 1itle
Temujin Matsubara
1391 Oak Avenue
carlsbad, CA 92008
Customer Reference:
Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Property:
First American Title Company
4380 La Jolla Village Dr, Suite 200
San Diego, CA 92122
Oak Avenue
NHSC-5571044 (06)
Dianne Livingston
(858)410-1303
(714)913-6750
dslivingston@firstam.com
1391 Oak Avenue
carlsbad, CA
PRELIMINARY REPORT
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 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 exduded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in
Exhibit A attached. The policy to be issued may contain an arbitration dause. When the Amount of Insurance is less than that set
forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the
exclusive remedy of the parties. Limitations on Covered Risks applicable to the Cl TA and ALTA Homeowner's Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability 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.
Please read the exceptions shown or referred to below and the exceptions and exdusions set forth in Exhibit A of
this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not
covered under the terms of the title Insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and
may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments 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.
First American ntle
C
First American Title
0
Order Number: NHSC-5571044 (06)
Page Number: 2
••
Dated as of October 13, 2017 at 7:30 A.M.
Order Number: NHSC-5571044 (06)
Page Number: 3
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
EARNEST M. MATSUBARA AND HELENE K. MATSUBARA, TRUSTEES OF THAT CERTAIN DECLARATION
OF TRUST DATED JULY 6, 2017
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
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 form would be as follows:
1. General and special taxes and assessments for the fiscal year 2017-2018.
First Installment: $280.85, OPEN
Penalty: $0.00
Second Installment: $280.85, OPEN
Penalty: $0.00
Tax Rate Area: 09000
A. P. No.: 205-020-18-00
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the California Revenue and Taxation Code.
First American Title
3.
C 0
Order Number: NHSC-5571044 (06)
Page Number: 4
A Deed of Trust to secure an original indebtedness of$ 500,000.00 recorded September 21, 2007
Instrument No. 2007-0619053
Dated: August 20, 2007
Trustor: Temujin S. Matsubara, Earnest M. Matsubara, Taeko M.
Trustee:
Beneficiary:
Lender:
Matsubara, Summer Matsubara, Helene Matsubara
PRLAP, Inc.
Mortgage Electronic Registration Systems, Inc., as nominee for
Bank of America, N.A.
Prior to the issuance of any policy of title insurance, the Company will require:
4. With respect to the trust referred to in the vesting:
a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to
the Company.
b. 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.
c. Other requirements which the Company may impose following its review of the material required
herein and other information which the Company may require.
First American ntle
Order Number: NHSC-5571044 (06)
Page Number: 5
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1. According to the latest available equalized assessment roll in the office of the county tax assessor,
there is located on the land a(n) Single Family Residence known as 1391 Oak
Avenue, Carlsbad, California.
2. 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 August 24, 2017 as Instrument No. 2017-0385985 of Official Records.
From: Earnest M. Matsubara and Helene K. Matsubara, husband and wife
as joint tenants and Temujin Sachio Mahoe Matsubara, a married
man as his sole and separate property
To: Earnest M. Matsubara and Helene K. Matsubara, husband and wife
as community property
A document recorded August 24, 2017 as Instrument No. 2017-0385985 of Official Records.
From: Earnest M. Matsubara and Helene K. Matsubara, husband and wife
To: Earnest M. Matsubara and Helene K. Matsubara, Trustees of that
certain Declaration of Trust dated July 6, 2017
A document recorded September 25, 2017 as Instrument No. 2017-0438669 of Official Records.
From: Earnest M. Matsubara and Helene K. Matsubara, Trustees of that
certain Declaration of Trust dated July 6, 2017
To: Summer Wynd Matsubara and Temujin S. Matsubara, wife and
husband and Earnest M. Matsubara and Helene K. Matsubara,
husband and wife all as joint tenants
A document recorded September 25, 2017 as Instrument No. 2017-0438671 of Official Records.
From: Summer Wynd Matsubara and Temujin S. Matsubara, wife and
husband and Earnest M. Matsubara and Helene K. Matsubara,
husband and wife all as joint tenants
To: Earnest M. Matsubara and Helene K. Matsubara, Trustees of that
certain Declaration of Trust dated July 6, 2017
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
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.
Arst American ntle
--------~--------------,, ----------·-·
C
First American Title
0
Order Number: NHSC-5571044 (06)
Page Number: 6
Order Number: NHSC-5571044 (06)
Page Number: 7
~ F,rst American 1itle
--ir~-
First American Title Company
1250 Corona Pointe Court, Suite 200
Corona, CA 92879
(951 )256-5880
Fax -(909)476-2401
WIRE INSTRUCTIONS
for
First American Title Company, Demand/Draft Sub-Escrow Deposits
Riverside County, California
First American Trust, FSB
5 First American Way
Santa Ana, CA 92707
Banking Services: (877) 600-9473
ABA 122241255
Credit to First American Title Company
AccountNo.3097840000
Reference Title Order Number 5571044 and Title Officer Dianne Livingston
Please wire the day before recording.
First American Title
C
LEGAL DESCRIPTION
Order Number: NHSC-5571044 (06)
Page Number: 8
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID TRACT 120; THENCE SOUTHWESTERLY
ALONG THE NORTHWESTERLY LINE OF SAID TRACT, A DISTANCE OF 166.75 FEET TO THE TRUE POINT
OF BEGINNING; THENCE AT RIGHT ANGLES SOUTHEASTERLY AND PARALLEL WITH THE
NORTHEASTERLY LINE OF SAID TRACT, A DISTANCE OF 221 FEET TO THE NORTHWEST LINE OF THAT
PARCEL OF LAND DESCRIBED IN DEED TO HARRY C. FRANSE, ET UX, RECORDED APRIL 10, 1951 IN
BOOK 4046, PAGE 113 OF OFFIOAL RECORDS; THENCE SOUTHWESTERLY ALONG THE NORTHWEST
LINE OF SAID FRANSE LAND (BEING A LINE PARALLEL WITH AND DISTANT 221.0 FEET
SOUTHEASTERLY MEASURED AT RIGHT ANGLES TO THE NORTHWESTERLY LINE OF SAID TRACT 120)
A DISTANCE OF 100 FEET TO THE NORTHEAST LINE OF THAT PARCEL OF LAND DESCRIBED IN DEED
TO VERNE F. COLLINS; THENCE NORTHWESTERLY ALONG SAID NORTHEAST LINE (SAID NORTHEAST
LINE BEING PARALLEL WITH THE NORTHEAST LINE OF SAID TRACT 120) A DISTANCE OF 221 FEET TO
THE NORTHWEST LINE OF SAID TRACT 120; THENCE NORTHEASTERLY ALONG SAID NORTHWEST
LINE, A DISTANCE OF 100 FEET TO THE TRUE POINT OF BEGINNING.
APN: 205-020-18-00
First American Tltle
~ ..,.
t ~ ~-
::,
~ ~
09
"I .... .. ,.-
i
~ ~
g~~-o/J !,d~ .
Q. .2: 0 / ott: .,,..--
it~ --\
i1ID w
SIi DIEGO CO\IIITY ASSESSOR'S NIP 9k 20S P6 OZ
®
l!~_-~rl
-~----------~0:-02 I· ,-1 100' '\®
\~ 1\ , ..
~
..--, 1,•
@
lHSMN'W/$PREPAREOFORASSESSMENTPURPOSESONI.Y. NOIWIIUlYIS
ASSUMED FOR lrlE A~ a MDATASHOWN ASSESSOR'S PARCELS
MAY NOT COIIPI.Y WITH LOCAL SUBllMSION OR BUll.DING ORDtWK)ES.
MAP 1744-SUB OFTCTS 114 & 120 CARLSBAD LANDS MAP 1661-CARLSBAD LANDS
MAP 775 (365) -TOWN OF CARLSBAD AMENDED
ROS 11270
-oO
QJ a. IC CD CD -. z z C: C: 3 3 gg
:: :1
\OZ :::c (/)
Q
U1 U1 ...... .... t ,...,
0 C1\ ..._,
' \
I, )
C
NOTICE
0
Order Number: NHSC-5571044 (06)
Page Number: 10
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-
escrow capacity, wait a specified number of days after depositing funds, before recording any documents in
connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer
to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be
disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more,
please use wire transfer, cashier's checks, or certified checks whenever possible.
First American Title
-
EXHIBff A
Order Number: NHSC-5571044 (06)
Page Number: 11
UST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CL TA STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly exduded 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 (induding but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; {Ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
{b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice
of a defect, lien or 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
exduding 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 daimant 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.
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 claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors'
rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by
the records of such agency or by the public, records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, 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.
S. (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.
First American Title
C 0
Order Number: NHSC-5571044 (06)
Page Number: 12
CL TA/ AL TA HOMEOWNER'S POUCY OF TITLE INSURANCE (12-02-13)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exdusion
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, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your litle.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the litle to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
Your Deductible Amount
1 % of Policy Amount Shown in Schedule A or $2,500
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $2,500
(whichever is less)
2006 ALTA LOAN POLICY (06-17·06)
EXCLUSIONS FROM COVERAGE
our Maximum Dollar Wroit of uabmtv
$10,000
$25,000
$25,000
$5,000
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 (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;
First American Title
(iii) the subdivision of land; or
(iv) environmental protection;
-
Order Number: NHSC-5571044 (06)
Page Number: 13
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This 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) 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 Oaimant and not disclosed in
writing to the Company by the Insured Oalmant prior to the date the Insured Oaimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Oaimant;
(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 Oaimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business
laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the
lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy
and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under
Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also indude the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
[Except as provided in Schedule B -Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs,
attorneys' fees or expenses, that arise by reason of:
[PARTI
[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:
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 claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining daims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, daims 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.
PARTII
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss
or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:]
2006 ALTA OWNER'S POLICY (06-17-06)
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
First American Title
C 0
Order Number: NHSC-5571044 (06)
Page Number: 14
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(Iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse daims, 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 Oaimant and not disclosed in
writing to the Company by the Insured Oaimant prior to the date the Insured Oaimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Oaimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or
10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Oaimant had paid value for the litle.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the
litle as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy
and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
[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:
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 claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or
title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or tight to a lien for services, labor or material not shown by the Public Records.
7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.]
AL TA 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 l(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d),
First American Title
14 or 16.
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) 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 Oaimant and not disclosed in
writing to the Company by the Insured Oaimant prior to the date the Insured Oaimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Oaimant;
(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 Oaimant 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.
S. 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
Exdusion 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 Exdusion does not modify or limit the coverage provided in Covered Risk 11(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 S 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.
1 o. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
First American Title
C
~ I First American 1itle
Privacy Information
We Are Committed to Safeguarding Customer Information
0
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 win do with such
information -particularly any personal or ffnancial 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
subsidiaries we have adopted this Prtvacy Polley to govern the use and handing of your personal Information.
Applicabllty
This Privacy Polley governs our use of the lnfonnatlon that you provide to us. It does not govern the manner In which we may use Information we have obtained ITOln any other source, such as
Information obtained ITOln a public reoonl or from another person or entity. first American has also adopted broader guidelines that govern our use of personal Information regartlless of Its source.
First American calls these guidelines Its Fair Information Values.
Types of Information
Depending upon which of our servla!s you are utili2ing, the types of nonpublic personal Information that we may coHect lndude:
• Information we receive flOm you on applications, forms and In other communications to us, whether In writing, In person, by telephone or any other means;
• Information about your transactlOns with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request Information ITOln you for our own legitimate business purposes and not for the benefft of any nonaffillated party. Therefore, we wlU not release your Information to nonaffllated parties
except: (1) as necessary for us to provide the product or seMce you have requested of us; or (2) as permitted by law. We may, however, store such Information Indefinitely, lnduding the period
alter which any customer relationship has ceased. SUch lnfonnatlon may be used for any Internal purpose, such as quality cmtrol elforts 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 cornpanies Include flnanclal seMce providers, such as title insul'e'S, prqierty and casualty
Insurers, and trust and Investment advisory companies, or companies Involved in real estate services, such as appraisal companies, home wananty 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 Polley wlU cmtlnue to apply to you.
Contldentlallty and Sealrlty
We wlN use our best elforts to ensure that no unauthorized parties have access to any of your Information, We resb1ct access to nonpublic personal Information about you to those Individuals and
entitles who need to know that Information to provide products or services to you. We wlU use our best elforts to train and oversee our employees and agents to ensure that your infonnation wiH be
handled responsibly and In accordance with this Privacy Polley and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guartl your nonpublic personal Information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy Issues on the Internet. We believe It Is Important you know how we treat the Information about you we receve on the Internet.
In general, you can visit First American or Its affiliates' Web sites on the Worid Wide Web without telling us who you are or revealing any lnfonnation about yourself. our Web servers collect the
domain names, not the e-maH addresses, of visitors. This information Is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar Information. Arst
American uses this information to measure the use of our site and to develop Ideas to Improve the oontent of our site.
There are times, however, when we may need Information ITOln you, such as your name and email address. When Information Is needed, we wlU use our best efforts to let you know at the time of
collection how we wlA use the personal Information. Usually, the personal information we collect is used only by us to respond to your Inquiry, process an ortler or aNow you to access specific
account/profile Information. If you choose to share any personal lnformatlOn with us, we wiU only use it in accordance with the polldes outlined above.
Business Relatlonshlps
first American Financial Corporation's site and Its affiliates' sites may oontaln links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are
not responsible for the cmtent or the privacy practices employed by other sites.
Cookies
Some of Arst American's W'1:l sites may make use of "cookie" technology to measure site activity and to customize Information to your personal tastes. A cookie Is an element of data that a Web site
can send to your browser, which may then store the coolcle on your hard drive.
FjrstAm com uses stored cookies. The goal of this technology Is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and
productive W'1:l site e,qiertence.
Fair Information Values
Fairneu We cmslder consumer expectations about their privacy In au our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Pubic Record We believe that an open public recortl creates significant value for sodety, enhances consumer choice and creates consumer opportunity. We actively support an open public recon:I
and emphasize Its Importance and cmtrlbution to our economy. Use We believe we should behave responsibly when we use Information about a consumer In our business. We will obey the laws governing the collectlon, use and dissemination of data.
A«uracy We wlH take reasonable steps to help assure the accuracy at the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct Inaccurate information.
When, as with the public recortl, we cannot correct lnaa:urate Information, we wHI take aU reasonable steps to assist consumers In Identifying the source of the erroneous data so that the consumer
can secure the required rorrectlons.
Education We endeavor to educate the users of our products and seMces, our employees and others in our Industry about the importance of consumer privacy. We wtU Instruct our employees on
ciur fair Information values and on the responsible collection and use of data. We wHI encourage others In our Industry to collect and use Information In a responsible manner.
Security We wtU maintain appropriate fadUties and systems to protect against unauthorized access to and corruption of the data we maintain.
Form 50-PRNACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Anancial Corporation)