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HomeMy WebLinkAboutPUD 90-24; CALAVERA HEIGHTS VILLAGE L2; Planned Unit Development - Residential (PUD)CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) - (For DeVt. (For DeVt. Use On y) Use On y) 0 Master Plan ............... D General Plan Amendment ...... 0 Specific Plan ............. 0 Site Development Plan ....... 0 Precise Development Plan ... . . , 0 Zone Change ................. ug Tentative Tract Map ........ ~t?ol~ ltD Conditional Use Permit ...... [iJ Pl anned Deve 1 opment Permi t ~ttt> 9t1-;;>~ (!] Hillside Development Permit. ViV9!J-:: ( 0 Non-Residential Planned [XJ Environmental Impact Development Permit ........ Assessment ................ 0 Condominium Permit ......... 0 Var1 ance .................... 0 Special Use Permit ......... D Planned Industrial Permit ... 0 Redevelopment Permit ....... 0 Coastal Development Permit .. 0 Tentative Parcel Map ....... 0 Planning Commission Deter ... 0 Administrative Variance .... 2) LOCATION OF PROJECT: ON THE EOUTHEAST ISIDE OFlpROPOSED TAMARACK AVE(~flrl~E T)I (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I PROPOSED COLLEGE BLVD. I AND I LAKE CALAVERA I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION:ICALAVERA HILLS VILLAGE "R" BEING A SUBDIVISION OF THAT r PORTION OF LOT D OF RANCHO AGUA HEDIONDA ACCORDING TO MAP NO 823 4) ASSESSOR PARCEL NO(S).I 168-040-22 AND 168-040-25 (POR) I 5) LOCAL FACIlITIESW 6) EXISTING GENERAL \ RLM I 7~ PROPOSED GENERAL I RLM I MANAGEMENT ZONE PLAN DESIGNATION LAN DESIGNATION 8) EXISTING ZONINGI PC 19) PROPOSED ZONINGI PC 110) GROSS SITENPROX. I . ACREAGE 5.14 AC II} PROPOSED NUMBER OFI 6 112) PROPOSED NUMBERI 9 113~ TYPE OF IRESIDENTIA~ RESIDENTIAL UNITS OF LOTS S BDIVISION 14) NUMBER OF EXISTING RESIDENTIAL UNITSI I (RES IOENTIAl 0 COMMERCIAL INDUSTIRAL) IS} PROPOSED INDUSTRIAL I N/A I 16~ PROPOSED COMMERCIAL I N/A I OFFICE/SQUARE FOOTAGE SQ ARE FOOTAGE . ARFMOOOB.DH 4/89 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM . PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 1*~l~OX. I 19) PROPOSED INCREASE *EXCLUDES PRIVATE OPEN SPACE L-. ~~o __ ~. IN AVERAGE DAILY ~ __ -...II TRAFFICI 60 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 6. . '-------' 20) PROJECT NAME:. I CALAVERA HEIGHTS -VILLAGE "R" 21)BRIEF DESCRIPTION OF PROJECT: I SINGLE FAMILY DETACHED RESIDENTIAL SUBDIVISION PROPOSING 6 DWELLING UNITS ON APPROXIMATELY 5.14 ACRES. 22) OWNER NAME (PRINT OR TYPE) LYON/COPLEY CARLSBAD ASSOCIATES, L.P. MAILING ADDRESS 4330 LA JOLLA VILLA E DRIVE 23) APPLICANT NAME (PRINT OR TYPE)~~S~~~O~¥N~~S c. MAILING ADDRESS CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TElEPHONE SAN DIEGO, CA 92122 (619) 546-1200 SAN DIEGO, CA 92121 (619) 558-4500 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE-All THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATU E DATE THE BEST OF MY KNOWLEDGE. / FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED ;;2 . .1) D . DD TOTAL FEE REQUIREDI 5,0 t 1.Gb I i SIGNATURE DATE JUL 2 ;) 1990 CITY OF CARLSBAD D.EVELOP. PROC. SERVo DIV. DAtE stAMP ApPLICATION RECEIVED RECEIVED BY: DATE FEE PAI017 -c:2S"" ...... 961 RECEIPT NO. ,'---__ --' ARrMnnnR nu llOO of arl d DISCLOSURE STATEMENT APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCAnONS WHICH WILL ~eaUIRe DI$CRET1()NARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD. COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1 . Applicant Ust the names and addresses of all persons having a flnanciaJ interest in the application. LIMITED PARTNER CO-GENERAL PARTNER Audubon Associates, Inc. 4490 Von Karman New En~land Mutual Life Insurance Co. c/o Copley Real Estate Advisors, Inc. 399 Boylston Street Boston, Massachusett.s 02116 Newport Beach, California 92660 Attention: Richard E. Frankel Attention: General Counsel * See additional sheets attached 2. Owner Ust the names and addresses of aU persons having any ownership interest in the property involved. LIMITED PARTNER CO-GENERAL PARTNER New England Mutual Life Insurance Co. Audubon Associates, Inc. c/o Cop ley Real Es ta te Advisor s, Inc. .....44 .... 9_0 __ V...;o .... n __ Ka,;,..r......;m......;a_n_~~~~--::'~::-:::-_ 399 Boylston Street Newport Beach, California 92660 Boston, Massachusetts 02116 Attention: Richard E. Frankel Attention: General Counsel * See additional sheets attached 3. .If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names a addresses of all Individuals owning mort than 10% of the shares in the corporation or owning any partners, interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names a addresses of any person serving as officer or director of the non-profit organization or as trustee or benefici. of the trust. . N/A (Over) 1. Limited Partner New England Mutual Life Insureance Company c/o Copley Real Estate Advisors, Inc. 399 Boylston street Boston, Massachusetts 02116 Attention: General Counsel Co-General Partner Audubon Associates, Inc. 4490 Von Karman Newport Beach, California 92660 Attention: Richard E. Frankel Managing General Partner Lyon Communities Inc. 4490 Von Karman Newport Beach, California 92660 Attention: Richard E. Frankel 2. Same as above 3. Lyon/Copley Carlsbad Associates, L.P. is the Applicant and Owner and is a Limited partnership. The names listed above are those partners in the Limited Partnership. William Lyon owns more than 10% of the shares of Lyon Communities Inc. and Audubon Associates, Inc .. Both of these entities are California Corporations. General William Lyon c/o Lyon Communities Inc. 4490 Von Karman Newport Beach, California 92660 4. Does not apply. 5. No Disclosure statement Page 2 5. Have you had more that $250 worth of business transacted with any member of city staff, Commissions Committees and Council within the past twelve months: No. Lyon/Copley Carlsbad Associates, L.P. (Owner and Applicant) By: Lyon Communities Inc., Man~ging " ~ 1 .r~ , I £A/ I ! / • "« /~ .. ' '",\... P~ul w/jferfferZif By: Vl.ce Presl.dent.. / General Partner Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff. Bcar: Commissions. Committees and Council within the past twelve months? Yes _ No.-JL If yes, please indicate person(s) ___________________ _ Person is defined as: 'Arry individual. firm. copartnership. joint venture. association. social club. fraternal organization. corporation. estate, trust. receiver, syndicate. this and any other county. city and county. crty municipality, district or other political subdivision. or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) X,f'. Signature LYON COMMUNITIES, INC., GEORGE HAVIAR Print or type name of owner Signature of applicant/date Print or type name of applicant , ~flI TICOR TITle IN5URANCE- .\- TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 WILLIAM LYON CO. ATTN: GEORGE HAVIAR 4330 LA JOLLA VILLAGE, SUITE 130 LA JOLLA, CALIFORNIA 92122 APRIL 12, 1990 YOUR REFERENCE: CALAVERA HILLS VILLAGE R OUR ORDER NO.: 1181184 -AMENDED PRELIMINARY SUBDIVISION REPORT FOR TENTATIVE MAP. FOR THE BENEFIT OF THE SUBDIVIDER, THE SUBDIVIDER'S ENGINEER, THE COUNTY OF SAN DIEGO, AND ANY CITY WITHIN WHICH THE SUBDIVISION IS LOCATED. IN CONNECTION WITH THE PROPOSED RECORDATION OF THE SUBDIVISION MAP, A A PRELIMINARY EXAMINATION OF THOSE PUBLIC RECORDS WHICH UNDER THE RECORDING LAWS IMPART CONSTRUCTIVE NOTICE OF MATTERS RELATING TO SAID LAND, DISCLOSES THE FOLLOWING MATTERS. DATED AT 7:30 A.M. AS OF APRIL 10, 1990 TITLE OFFICER: TOM VOTEL KEN CYR TEL 619 544-6234 TEL 619 544-6236 VESTEE: LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP EXCEPTIONS: 1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. REPORT TO FOLLOW. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE TAXATION CODE OF THE STATE OF CALIFORNIA. AMENDED 1181184 PAGE I .---{I TICOR TITle INSURANCE-t ~ 2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR LINES OF POLES OR STEEL TOWERS RECORDED JUNE 1, 1953, DOCUMENT NO. 74511 IN BOOK 4874, PAGE 143 OF OFFICIAL RECORDS AFFECTS 150 FEET IN WIDTH, MEASURED 110 FEET NORTHWESTERLY AND 40 FEET SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF LOT "E" OF SAID RANCHO AGUA HEDIONDA, WHICH POINT IS SOUTHEASTERLY A DISTANCE OF 1234.64 FEET FROM CORNER NO.3 OF SAID LOT "E"; THENCE NORTH 28°48'24" EAST A DISTANCE OF 8868.32 FEET TO POINT "A"; THENCE NORTH 65°47'04" EAST TO THE EASTERLY LINE OF RECORD OF SURVEY MAP NO. 9336. 3. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION OF RESTRICTIONS EXECUTED BY RECORDED ELSIE KELLY ET AL APRIL 1, 1958, DOCUMENT NO. 51674 IN BOOK 7016, PAGE 536 OF OFFICIAL RECORDS RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. IT ALSO PROVIDES THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. 4. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED 5. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS FEBRUARY 25, 1980 LAKE CALAVERA HILLS ASSOC. AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION PAYMENT OF A PUBLIC FACILITIES FEE MAY 19, 1980, RECORDER'S FILE NO. 80-164050 TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS OCTOBER 20, 1983 CEDRIC E. SANDERS DBA CALAVERA HILLS COMPANY AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION PAYMENT OF A PUBLIC FACILITIES FEE OCTOBER 28, 1983, RECORDER'S FILE NO. 83-391316 6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT-, AFFECTING THE PORTION OF SAID LAND AND'FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR A ROAD EASEMENT RECORDED APRIL 9, 1987, RECORDER'S FILE NO. 87-190347 AFFECTS AS SET FORTH IN SAID INSTRUMENT AMENDED 1181184 NOTES PAGE 2 ~ jfliJ TICOR TITle INSURANce A. CODE AREA PARCEL NO. AMENDED 1181184 09013 168-040-22,25 PAGE 3 r----!IJ TICOR TITleINSURANCE----' THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: CARLSBAD TRACT NO. 83-19, CALAVERA HILLS VILLAGE R, BEING A SUBDIVISION OF THAT PORTION OF LOT "0" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF THE 493.70 ACRE PARCEL OF LAND AS SHOWN ON RECORD OF SURVEY NO. 9336 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN THEREON AS "N. 1°57 /58" E. 610.78 FEET"; THENCE, ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 9336 THE FOLLOWING FOUR COURSES: S. 1°57 /58" W. 610.78 FEET, N. 14°17 /45" W. 173.74 FEET (RECORD N. 14°20 1 05" W. 173.76 FEET), S. 55°39 /43" W. 223.82 FEET (RECORD S. 55°38 /49" W. 223.72 FEET), AND S. 6°47 /57" W. 416.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 9336 THE FOLLOWING ELEVEN COURSES: S. 6°47 /57" W. 36.99 FEET, S. 23°22'20" W. 178.12 FEET (RECORD S. 23°20'39" W. 178.18 FEET), S. 67°29'40" W. 104.69 FEET (RECORD S. 67°30'58" WEST 104.71 FEET), S. 6°53 /20" W. 213.51 FEET (RECORD S. 6°54'33" W. 213.56 FEET), S. 35°12'00" WEST 151.62 FEET (RECORD S. 35°11'39" W. 151.59" FEET), N. 72°23 /00" W. 179.50 FEET (RECORD N. 72°22'13" W. 179.56 FEET), N. 59°48'28" W. 131.03 FEET (RECORD N. 59°48'28" W. 130.94 FEET), N. 10°25'27" W. 66.59 FEET (RECORD N. 10°25'27" W. 66.69 FEET), N. 79°41'00" W. 118.91 FEET (RECORD N. 79°42'34" W. 118.91 FEET), N. 43°08'00" W. 153.75 FEET (RECORD N. 43°09'17" W. 153.79 FEET), AND N. 81°24'19" W. 76.93 FEET; THENCE, LEAVING THE BOUNDARY OF SAID RECORD OF SURVEY NO. 9336 N. 76°52 /35" E. 264.97 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 20.00 FEET, A RADIAL BEARING OF SAID CURVE TO SAID POINT BEARS S. 75°10'56" W.; THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52°17'04" AN ARC DISTANCE OF 18.25 FEET; THENCE, TANGENT TO SAID CURVE N. 37°28'00" E. 54.31 FEET TO A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 228.00 FEET; THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°55'00" AN ARC DISTANCE OF 55.38 FEET; THENCE, RADIAL TO SAID CURVE S. 66°27'00" E. 134.21 FEET; THENCE, S. 3°03'00" WEST 10.78 FEET; THENCE, N. 76°52'35" E. 238.67 FEET; THENCE, N. 66°33'35" E. 219.99 FEET TO THE TRUE POINT OF BEGINNING. AMENDED 1181184 PAGE 4 Ir---. TICOR TITleINSURANCE---I ~l EXHIBIT A Printed Policy Exceptions and Exclusions ALTA RESIDENTIAL POLICY (6·1·87) The Exclusions and the Exceptions of the ALTA Residential Policy form recite that you are not insured against loss. costs, attorneys' fees. and expenses resulting from: Exclusions 1 Governmental police power. and the eXistence or violation of any law or government regulation This includes building and zoning ordinances and also laws and regulations concerning land use improvements on the land land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear In the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2 The right to take the land by condemning it. unless: • a notice of exercising the right appears In the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3 Title Risks: • that are created. allowed. or agreed to by you • that are known to you. but not to us. on the Policy Date··unless they appeared In the public records • that result in no loss to you • that first affect your title after the PoliCY Date··this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4 Failure to pay value for your title. 5 Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets. alleys. or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Standard Exceptions (a) Any rights. interests or claims of parties In possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage In Item 12 of Covered Title Risks. (d) Any water rights. claims or title to water on or under the land. ALTA LOAN POLICY (10·21·87) WITH ALTA INDORSEMENT FORM 1 COVERAGE The Exclusions from Coverage of the ALTA Loan Policy form reCites that the following matters are expressly excluded from the coverage of this policy and the Company Will not pay loss or damage, costs. attorneys' fees or expenses which arise by reason of: (a) Any law. ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances. or regulations) restricting, regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the land: (ii)the character. dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection. or the effect of any violation of these laws. ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy. but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects. liens. encumbrances. adverse claims or other matters: (a) created. suffered. assumed or agreed to by the insured claimant: (b) not known to the Company. not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services. labor or material. or to the extent insurance IS afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy. or the inability or failure of any subsequent owner of the indebtedness. to comply with applicable doing business laws-of the state in which the land is situated. 5 Invalidity or unenforceability of the lien of the insured mortgage. or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protectio!1 or truth in lending law. 6 Any statutory lien for services. labor or materials (or the claim of priority of any statutory lien for services. labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. AMENDED 1181184 PAGE 5 (continued on next page) fhe Exclusions from Coverage of the CLTA Standard Coverage Policy,form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: (a) Any law. ordinance or governmental regulation (including but not limited to building or zoning laws. ordinances. or regulations) restricting. regulating, prohibiting or relating to (i) the occupancy. use. or enjoyment of the land: (ii) the character. dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection. or the effect of any Violation of these laws. ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged Violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged Violation affecting the land has been recorded in the publiC records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded In the publiC records at Date of Policy. but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects. liens. encumbrances. adverse claims or other matters' (a) whether or not recorded in the public records at Date of Policy. but created. SUffered. assumed or agreed to by the insured claimant: (b) not known to the Company. not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed in writing to the Company by the insured claimant pnor to the date the Insured claimant became an Insured under this policy: (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy. or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest Insured by this poliCY. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy. or the Inability or failure of any subsequent owner of the indebtedness. to comply With the applicable doing business laws of the state in which the land is Situated. 5. Invalidity or 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. Schedule B of the CL TA Standard Coverage Policy form recites that thiS policy does not insure against loss or damage (and the Company will not pay costs. attorneys' fees or expenses) which anse by reason of: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings. whether or not shown by the records of such agency or by the public records. 2 Any facts. rights. interests or claims which are not shown by the publiC records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements. liens or encumbrances. or claims thereof. which are not shown by the public records. 4 Discrepancies. conflicts in boundary lines. shortage in area. encroachments. or any other facts which a correct survey would disclose. and which are not shown by the public records, 5. (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authOriZing the issuance thereof: (c) water rights. claims or title to water. whether or not the matters excepted under (a).(b) or (c) are shown by the public records. 6. Any facts. rights. interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 7. The effect of any failure to comply with the terms. covenants and conditions of the lease or leases described or referred to in Schedule A. ALTA OWNER'S POLICY (10-21-87) The Exclusions from Coverage of the ALTA Owner's Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs. attorneys' fees or expenses which arise by reason of: 1 (a) Any law. ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting. regulating. prohibiting or relating to (i) the occupancy, use. or enjoyment of the land: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) enVironmental protection. or the effect of any violation of these laws, ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value Without knowledge, 3. Defects. liens. encumbrances. adverse claims or other matters: (a) created, SUffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting In no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained,if the insured claimant had paid va,,,e for the estate or interest insured by this policy. Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 AMENDED 1181184 PAGE 6 ~~--------- CITY OF CARLSBAD 1200 ELM AVENUE CjARLSBAD, CALIFORNIA 82808 48&5821 ACCOUNT NO. DESCRIPTION AMOUNT \.