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Home My WebLink AboutSDP 86-02E; AVIARA FOUR SEASONS RESIDENCE CLUB; Site Development Plan (SDP)am••••••••••••••• 0 kr LAND USE REVIEW Development Services ..1 City of Planning Division Carlsbad APPLICATION 1635 Faraday Avenue P-1 (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR:(CHECK BOXES) Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY) Coastal Development Permit 0 Minor r r-1Lj General Plan Amendment D Conditional Use Permit Local Coastal Program Amendment0MinorDExtension 0 Day Care (Large) Master Plan 0 Amendment 0 Environmental Impact Assessment Specific Plan 0 Amendment D Habitat Management Permit 0 Minor Zone Change 0 Hillside Development Permit 0 Minor 0 Zone Code Amendment 0 Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits 0 Planned Development Permit 0 Minor 0 Review Permit 0 Residential 0 Non-Residential 0 Administrative Minor 0 Major D Planning Commission Determination •0 Reasonable Accommodation PAireb°2-Villa R v nn 0 Site Development Plan CI Minor Review Permit 0 Special Use Permit El Administrative Minor Major Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) D Variance 0 Minor NOTE: A PROPOSED PROJECT REQUIRING MULTPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).:215-941 -04, 05, 06, 07, 10,11 & 12 PROJECT NAME:Four Seasons Residence Club Employee Parking Lot and Recreation Area BRIEF DESCRIPTION OF PROJECT:Development of parking lot for approximately 143 vehides and private recreation areas PROJECT VALUE (SITE IMPROVEMENTS)$1.5 million ESTIMATED COMPLETION DATE September 2017 LOCATION OF PROJECT:No address STREET ADDRESS ON THE:East SIDE OF Kingfisher Lane (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) BETWEEN Aviara Parkway AND Batiquitos Drive (NAME OF STREET)(NAME OF STREET) ON °Z P-1 Page 1 of 6 Revised 09/16 CrCit4t4C -Ft) tier csrposp) ,---..........•iMilomomosswirse IN Mb 0 0 • OWNER NAME (Print):Avlara FSRC Assoc. Ltd. Partnership APPLICANT NAME. (Print):Avlara Residence Club Owner's Assn.._.. MAILING ADDRESS:7100 Blue Heron Place MAILING ADDRESS:7210 Blue Heron Place • CITY, STATE, ZIP:Carlsbad, CA 92011 CITY, STATE, ZIP:Carlsbad, CA 92011 ••.._. TELEPHONE;(760) 603-6800 TELEPHONE:•(760) 603-6854 EMAIL ADDRESS:pal-hum j Q mac; fz.wolf/. tail .EMAIL ADDRESS:job n..david@fourseasons,cdrn... •- I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE 1 CERTIFY THAT I AM THE LEGAL REPRESENT/ME OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALLTHE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE.I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FORPURI3,9 OF THIS APPLICATIO .re 9 go ..._..SIGNATURE DA E SIGNATURE PATE ... ••- APPLICANT'S REPRESENTATIVE (Print):Pail J. Klultas =PLANNING SYSTEMS .. ., MAILING ADDRESS:1.530 Faraday Ave. 4100 CITY, STATE, ZIP:Carlsbad, CA 92008 • .•,. TELEPHONE:(760) 931-0780 x104 • EMAIL ADDRESS:pklukas@planningsystems.net ,•• •,• I CERTIFY THAT I AM THE 'REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFO TION IS TRUE AND CORRECT TO THE BEST OF MY KN D , C) 44./N•11 /liite ,SIGNATURE DATE 1 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.INVECONSENT 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'BI D ANY SUCCESSORS IN INTEREST. 00 — PROPERTY OWN IGNATURE ' FOR. CITY USE ONLY RECEIVED OCT 1 7 2016 CITY OF CARLSBAD DMIMMILWA il.CEIVED RECEIVED BY:... G lik_ ..... P-1 Page 2 or 6 Revised 09/16 , .• A Mw C OWNER NAME (Print):Aviara FSRC Assoc. Ltd. Partnership APPLICANT NAME (Print):Aviara Residence Club Owner's Assn. MAILING ADDRESS:7100 Blue Heron Place MAILING ADDRESS:7210 Blue Heron Place CITY, STATE, ZIP:Carlsbad, CA 92011 art,STATE, ZIP:Carlsbad, CA 92011 TELEPHONE:(760) 603-6800 TELEPHONE:(760) 603-6854 EMAIL ADDRESS:EMAIL ADDRESS:jOhD.daVid@f0UrSeaSODS.COM I CERTIFY THAT I AM THE LEGAL OWNER AND THAT AU. THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE.I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF KNOWLEDGE SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. Dil://Z014SIGNATUREDATESIGNATURE APPLICANTS REPRESENTATIVE (Print):Paul J. Klukas -PLANNING SYSTEMS MAIUNG ADDRESS:1530 Faraday Ave. #100 CITY. STATE, ZIP:Carlsbad, CA 92008 TELEPHONE:(760) 931-0780 x104 EMAIL ADDRESS:pklukas@planningsystems.net I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INF*ZION IS TRUE AND CORRECT TO THE BEST OF MY K c Ellr. 110 iota /a.SIGNATURE DATE 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.VINE 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. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEIVED OCT 1 7 2016 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 6 Revised 09116 1 .Deyelovinfittfiervices city of DISCLOSURE STATEMENT 11t.1(A)1635 FeradayMeme (NO6112-400 vareacaridanitasay 1 =s staleinent or disciesum of Cidain ottnerthiP Interns* anan applicalons Witch se discreionary=non my Impart ofthe CIO Councilor OW onPoitaad amid, C orCommittee. The foilbribeg knamoallen ismb deckreed at *10 *se of applicenon miss four polo* Camindbe rested tmSI Itiormallen is completed. Please print. Nebo Pam Is *OW as •AnyindlsiduaL ffnu, colmakteiship. joint venture associatioft scolddisk *atonal sagimetsellak,cmatallas.ie receber,*Audio"Is teemel ary odor cam%dIr red weft citimustdOsity„ riketctor dhowPOWCrd 116141411011 srany other grouporcombimailasmlag ate emle Ayoub way sip this dominant however, the had MM.and Wily of the applicant and piaperly comer must be provided billow. APPUCAliti (Not Ihe appncerea Preside lie courtzre.LEGAL names and addresses of ait4 persons basing a fnenciel inkiest Who application. If the appicard includes a ggamdfautantirsits" bids&nye me.Nes,addressee of M MOWN* MOW mu..l 10%at Me Shares.IF $0 ININVIOOALS (MN MORE THAN 10% OF TIE SHARES* PLEASE 01011CATE NON-APPLICABLE (WA) IN TIE SPACE BELOW.We gralielyesmed, agmain.Include the names.NIBS,and addresses of the corporate Mimi.(A sapanda page may be attached N necessary) Pima Corigralt. The Address Address 2.OWNER (Not the mom% awn) Provide in COSMOS.LEGAL names and addresses of parsons haiing any maw**interest In the property involved.Mao provide the melee of lie IgaI partandip partnership, lietatals ii cammon non-P00.corpoodlcok ft the ormendip Incledes a oggs.factradethe mom*alter. addressee of an issadduals um*ig mom than 10% Of the *berm IF NO INDIVIDLIALS OWN MORE TiliN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (WA) IN THE SPACE BELOW.ft0 aisd ewvoIsLincinda dm names,Wins*and *Mimesesolive conseatecams.(A separate page may be alleChed necessary) Person gPfV--i -1/T Otspiparr f•SPC M-soc:1* - 5 LIM-0CA* TheAtiriiPtado S1JMcf CA IIp9olvte/Olii. Addiassa Address 11o0 T5tud1eiron 'Oka. Cavigi*c.A ,Ligtkoqmorn41(1146)c orifAciA-ed mik)Paw 1at2 Reotand67116 imenammimmosam in rim 3.111101HPROFffORGANIZATION ORWNW itany person Wangled pursuant-to (1) or (2) .eirpre la a Mom*at=101614 or a*list 1st lie names and eddresses ofMffperson serving as an Moor art:limier tithe none Os*elpeitallen or as nesiee or beeelkiety dew floss PsoalTrusk Noe Pozen-net jibe Meese 4.Have you had more than $500 wort of beakless transacted %with eny Menlber d -City Beeris. commeskwes, camosees snow come vow Ise pest tango (12) mobs? Yes ElHo If"please Inthcate poem** NOTE:Muchaddlikmal sheds Wnacessary. $mei dist ate abase kionnation and aorta* kt the bestofnry knewiedge. 1/S°16Wignaloreof Twanature dapplicantidate fir Leto Mot or type nameofdroner PrIrd Woe named applicant Signature of owneriapplicenrs agentIfapnlitebieldate Pktit.-(44 (j -Lew ttv fr sytilitu Ridor type narne ofOVItiediOpliCal WSagent ;.! la-141)hue 242 1 gmeasimommummism waimmimosa • Development Services C City of DISCLOSURE STATEMENT Planning Division Carlsbad P-1(A)1635 Faraday Avenue (760) 602-4610 www.carlsbadcagov Applicant's statement or disdosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.' Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1.APPLICANT (Not the applicant's agent) Provide the COMPLETE,LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names,titles,addresses of all individuals owning more than 10%of the shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned corporation,include the names,titles,and addresses of the corporate officers.(A separate page y be attached if necessary.) Person t‘.1 A Corp/Part Ni4s4 Title Title Address Address 2.OWNER (Not the owner's agent) Provide the COMPLETE,LEGAL names and addresses of ALL persons having any ownership interest in the property involved.Also,provide the nature of the legal ownership (i.e.,partnership,tenants in common,non-profit,corporation,etc.).If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW.If a publicly-owned corporation,include the names,titles,and addresses of the corporate officers.(A separate page may be attached if necessary.) Person Corp/Part Title Title Address Address P-1(A)Page 1 of 2 Revised 07/10 OM.IN Me a 3.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4.Have you had more than $500 worth of business transacted with any member of City staff,Boards,Commissions,Committees and/or Council within the past twelve (12) months? nYes grti No If yes, please indicate person(s): NOTE:Attach additional sheets if necessary. I certify that all the above information is true and correct to t t of my knowled . 07 *IA 10 2z4b Signature of owner/date Signature applicant/date V.1.44.el l-t-emeN3 Print or type name of owner Print or type name of applicant - 158141/1 I' 1/ Signature of owner/applicant's agent if applicable/date F019.1444lt44 ft.4(gt4i144 syrrEli4S Print or type name of owner/applicant's agent P-1(A)Page 2 of 2 Revised 07/10 (City of PROJECT DESCRIPTION Development Services Planning Division Carlsbad P-1(B)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME:Four Seasons Residence Club Employee Parking Lot APPLICANT NAME:Aviara Residence Club Owner's Association 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: The Four Seasons Residence Club Employee Parking Lot and Recreation Area is a requested Coastal Development Permit and modification to an existing Site Development Plan which has been partially developed.The Project is proposed on a series ofseven (7) small, adjacent lots that have together previously been approved for visitor timeshare development, but not developed, and which are now proposed to be developed as a combination employee parking lot, multipurpose tennis courts, tot lot recreation area, four recreation service buildings and a dog run. The seven lots total 2.22 acres in size.The combined property is long and narrow in shape, located immediately south of existing Aviara Parkway, between Kingfisher Drive and the Aviara Golf Course in the Aviara planned community, located in the southwest quadrant of the City of Carlsbad P-1(B)Page 1 of 1 Revised 07/10 0 HAZARDOUS WASTE Development Services Vir*City of AND SUBSTANCES Planning Division Carlsbad STATEMENT 1635 Faraday Avenue (760) 6024610P-1(C)www.cartsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5,I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): 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. The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name:Four Seasons Residence Club Aviara Name:Aviara FSRC Assoc. LP Address:7210 Blue Heron Place Address:7100 Blue Heron Place Carlsbad, CA 92011 Carlsbad, CA 92011 Phone Number:(760)603-6854 Phone Numher:(760)603-6800 Address of Site:No address Local Agency (City and County):City of Carlsbad; San Diego County Assessor's book, page, and parcel number:215-941 -04, 05, 06, 07, 10,11 & 12 Specify fist(s):Not on State and Federal database searches CALEPA, NPL, CERCLIS, LUST, SW'S. HAZNET Regulatory Identification Number:N/A Date of *st:Database review 9/1116 1 )iti.i41 171/z.o16ApplicanSignature/Date 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 of 2 Revised 02/13 o HAZARDOUS WASTE Development Services City of AND SUBSTANCES Planning Division Carlsbad STATEMENT 1635 Faraday Avenue (760) 602-4610 P-1(C)www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5,I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): [1]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. 111 The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name:Pour Seasons Residence Club Aviara Name:Aviara FSRC Assoc. LP Address:Address:Blue Heron Place Address:7100 Blue Heron Place •Carlsbad, CA 92011 Carlsbad, CA 92011 Phone Number:(760) 603-6854 Phone Number:(760) 603-6800 Address of Site:No address Local Agency (City and County):City of Carlsbad; San Diego County ffAssessor's book, page. and parcel number:215-941 -04, 05, 06, 07, 10,11 & 12 Specify list(s): Not on State and Federal database searches CALEPA, NPL, CERCLIS, LUST, SWIS, HAZNET N/ARegulatory Identification Number: Date of List Database review 9/1/16 Applicant Signature/Date Prope y Owner Signet /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 of 2 Revised 02/13 • ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed:°//9//‘(To e completed by City) Application Number(s):Sh 19 B(c—02(6)C.669 --(/i General Information 1.Name of project:Four Seasons Residence Club Employee Parking Lot and Recreation Area 2.Name of developer or project sponsor:Aviara Residence Club Owner's Association Address:7210 Blue Heron Place City, State, Zip Code:Carlsbad, CA 92011 Phone Number:(760) 603-6854 3.Name of person to be contacted concerning this project:Paul Klukas; Planning Systems Address:1530 Faraday Ave. #100 City, State, Zip Code:Carlsbad, CA 92008 Phone Number:(760) 931 -0780 x104 4.Address of Project:No address 215-941 -04, 05, 06, 07, 10,11 & 12Assessor's Parcel Number: 5.List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: None - 6.Existing General Plan Land Use Designation:R 8 7.Existing zoning district:P-C 8.Existing land use(s):Vacant 9.Proposed use of site (Project for which this form is filed): Parking lot and recreation area for adjacent timeshare project Project Description 10.Site size:2.2 acres 11.Proposed Building square footage:2,610 sf total 12:Number of floors of construction: 13.Amount of off-street parking provided:116 14.Associated projects:N/A P-1(D)Page 2 of 4 Revised 07/10 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: N/A 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 clearly why the application is required: N/A P-1(D)Page 3 of 4 Revised 07/10 iiirommmumi IN NM 0 Are the following items applicable to the project or its effects?Discuss all items checked yes (attach additional sheets as necessary). Yes No 20.Change in existing features of any bays, tidelands, beaches, or hills, or substantial ID alteration of ground contours. 21.Change in scenic views or vistas from existing residential areas or public lands or 0 roads. 22.Change in pattern, scale or character of general area of project. 23.Significant amounts of solid waste or litter. 24.Change in dust, ash, smoke, fumes or odors in vicinity.CI CI 25.Change in ocean,bay,lake,stream or ground water quality or quantity,or p alteration of existing drainage patterns. 26.Substantial change in existing noise or vibration levels in the vicinity. 27.Site on filled land or on slope of 10 percent or more. 28.Use of disposal of potentially hazardous materials,such as toxic substances,0 flammables or explosives. 29.Substantial change in demand for municipal services (police, fire, water, sewage,0 etc.). 30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).CI CI 31.Relationship to a larger project or series of projects. 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.Describe any existing structures on the site, and the use of the structures.Attach photographs of the site.Snapshots 1 or Polaroid photos will be accepted. 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. 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 information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my kn dge and belief. 1 0/11/16Date:Signature: Planning SystemsFor: P-1(D)Page 4 of 4 Revised 07/10 Nosimmii •••••••••i 0 Four Seasons Residence Club Employee Parking Lot and Recreation Area Sheet to accompany EIA 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 ofthe structures. Property was then mass-graded for timeshare development in 1989-90 and presently supports primarily non- native, weedy and ornamental vegetation.Over the intervening years, the property has been regularly maintained by the property owner.The site has never been developed with structures or infrastructure other than underground utility pipes serving surrounding properties.The topography is in accordance with the approved subdivision map for the property.No cultural or historical aspects of the site exist as all have been mitigated.No structures exist on the site. 33.Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects.Indicate the type ofland use (residential, commercial, etc.), intensity ofland use (one-family, apartment houses, shops, department stores, etc.), and scale ofdevelopment (height, frontage, setback,rear yard etc.). Surrounding land uses include predominantly residential, visitor commercial-related infrastructure development and small tracts of open space characterized by native Diegan coastal sage scrub vegetation. Residential uses in the vicinity include a range of single and multiple family homes.To the north the Property is bound by Aviara Parkway and the Aviara Golf Course across the street.Open space exists to the west across Kingfisher Lane and earlier phases of FSRC time share units are located further west.The Park Hyatt Aviara Hotel is located further to the west of the Property.The existing FSRC time share units and related parking and landscaping are situated immediately south and southwest ofthe subject site. TIME LIMITS ONrCty of DISCRETIONARY Development Services i Planning Division Carlsbad PROJECTS 1635 Faraday Avenue (760) 602-4610P-1(E)www.carlsbadca.gov PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City.The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete.Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete.If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e.,clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (7 0)'60A-424610.Applicant Signature:641 Staff Signature:44k Date:Or//5 To be stapled with receipt to the application P-1(E)Page 1 of 1 Revised 07/10 • •STORM WATER STANDARDS Development Services v., City of QUESTIONNAIRE Land Development Engineering Carlsbad E-34 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov INSTRUCTIONS: 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 4.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. ij PROJECT INFORMATION PROJECT NAME:Four Seasons Residence Club PROJECT ID: S. D. P ADDRESS: East of Kingfisher and South of Aviara Parkway, Carlsbad, CA.APN: 215-941 -04,-05,-06,-07,-10,-11,-12 The project is (check one):0 New Development D Redevelopment The total proposed disturbed area is:96924 ft2 2.23)acres The total proposed newly created and/or replaced impervious area is:67,862 ft2 1.56 )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 REV 02116 mow C 0 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 0 0or 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 manuar and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered no to the above question, the project is a 'development project', go to Step 2. STEP 2 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- 1 erodible permeable areas; b)Designed and constructed to be hydraulically disconnected from paved streets or roads;0 1 c)Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2.Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in 0 oaccordance 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?El GO If you answered 'yes" to one or more of the above questions, provide discussion4ustification 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): i i i If you answered no to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of4 REV 02/16 STEP 3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a POP, 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,0 and public development projects 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 Ga 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 0 development project indudes development on any natural slope that is twenty-five percent 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 0alandareaor 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 surface collectively over the entire project site and supports a street,road,highway freeway or driveway?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 0 200 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 (AD7)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?0 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 stating "My project is a 'STANDARD PROJECT..." and complete applicant information. E-34 Page 3 014 REV 02116 .....0100•••••••••ft STEP 4 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 (B) =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 BMP'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 applicant information. STEP 5 CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION O 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. 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 Applicant Name:Demi Ortega Applicant Title:RVP, General Manager Applicant Signature:Date:S --- /2€1)1).0 • Environmentally Sensitive Areas include but are not Unified to al Clean Water Act Sedion 303(d) impaired water bodes; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodes designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for Vie San Diego Basin (1994)and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities aid County of San Diego; Habitat Management Plan: and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for City Use Only YES NO City Concurrence: By: Date: Project ID: E-34 Page 4 of 4 REV 02116 NMI NM .0 Four Seasons Residence Club Employee Parking Lot and Recreation Area PHOTOGRAPHS 10-12-16 1 • .::.?:'•11•:z.•Tti.0.11!:§.-_.. ..... - At..."..••••....-. •••••....`.-4-.•„••,:—...p::1..i. .•`,11l;.'4,_,:''..4:;:r. -...j..?:/...:f :::•.::"!?••:4:•-:•..7..:"...''..1....:-•'•••,•••••$••••-'1.1. ::........,•;;••....,.j.f.t4,..;.....Ptv.':;.„,4:::::•:.........1•4!.'.'..4::.-4:::I'•;1 •.f `,.6.:.:...........;„„......,.........•...:p::f:;.•.•!•."•.ii?:.t....•:.i.0„.4.5,..4.•JfAi'.4-----,‹-7:•.•'"••;••••ro't.m.."4.1..•.•••Fil':•:::?:%•'.17.ter.......,...t1.&.•::..on......4".;!.y4t.•-v7..:.•..........,....,.::.--..—.....•..c'•''''''.'..'-,,,,,V.":• -2 e ..;.•'- V.4:ci;,:•*:.r........,.-*,,'...7.M.;.i.-0A.:..-..7 .„e-y..'„;„.0.;...4:•:•-•••;;. ,...•r.•.r • 4.:''''"A ,, A:tA -. ••:'-:','• -„, -Jf''-,:„ '",..•-•,..-••3 +i--.„4-c-.1.-.. ,,-----,-.--••-,•••_,:.4...-._-.... 6 ......:. ----7-.,.,.,:.....-----.--''`,1- t,....-,„,, -••••.:i i..„....-.•:.•••..•....,,..,-..„-,-,.,,,---,.•-,-,•.:-4./.:•: -.Atil„:1z .or.1„14... --..-'..„....+. ,....!Fr:. 47:4:-.p i •.it..:• —- A'.-,,.. -.-•*-.46.- ....-•,.......:-,..t.1......*;.......r.....••••:. -_, ...,,•,,.,...w„..4&44...,.-.••-•e"......„....•—•-••„. ,‘,...,..,...A.54..g...•i..,..'••.1 '::.'hts:...N'7.114 ti ..!1'342 • ......!.'...:*;.•:,i...:.."." Of%.4,...'1 • Ali s !k9 .••,:.•. ...,,'-.....-'••..,.5.:“...",..:t-,.t':-.Ni •:.••....'4'..;.7.'..71-;''i."',,,i 1,`, ..L.*;...,'''-':'*41-...':‘..el-'''':•i''-;:::.;:i!'.•..,...,i.t...CP"''''..:7-4':.4Ci2.-f:.;,f - '.,,,...lf--....r...,; .....,,.‘ ELI:i....;FP ret ii''..biel-'.$21:ti.„;''F .•••?*.r.:::.:1•::.:,•44_ii i•:..144 ' , View taken from the southwest corner ofthe Property towards the north. r !f- sis4 View from the northwest corner ofthe Property to the south.Part of the FSRC can be seen offsite to the south and southwest. 4.? 4 ye •ti • View from the northeast corner of the Property towards the southwest.A portion of the FSRC can be seen offsite to the southwest. FL:7y: -z3.1 • .--._• z •• '• 41.4.„E , View from the south center portion ofthe Property towards the north.The upper pad is located on the west portion of the Property and the lower pad on the eastern one. .,.._..... ,......0.N.-- 1 •. ,-,...:'". - !Zif''''''-• .•,.-*--'1,''''•-1 ...•;•,:-i-%.,,1..‘- L •:‘ '0.'.A,,:*-;`.---,„ -- %,•, _7-•!:.;;;;"'g,••:,c-vv-i.:•••.,..,.., ...,.....,..._•'1!:••-"•••'"•W''''Ni...‘•'r, ' ..,, ..r/1",,1-,•-.-1,- :,0'4:_41k:k --:‘-'''."---.k..'---......._. •===`.-'.1.--,••,,k Vtib 4 ' •V ..* - .'"?.:--'•,,-••'.• •4...a.d•'''•••.=;`.y.I ,...,.,.•.'...,`•.,.•,,:!;,44k,k4"ntg...-....'•i•-.-••..t.., •*4. s -* '•,;,--.....4F.C.1.; ,, -:- .i..c.,!., -,671.:: - ...tit.,s„. A...... ..-- ..•-•!.s.:A ..%'A-. =-•••'.'.19fattr#;'-'.-1—••".7. .'--.::'••...e..i'vo.:-...... --%..:.'i•-...--,7 -0.17 '.,f-,...•, --..1::.".•'4 '\•'•i..::.•4 .1.4'.:"••'Th144 ; ::*- .•:'" 42:e 0 •.'-.!..myr..:...r=f.:•.' ;`.:.;_.•A71.i.•.',1 :•••••.'' .. ' ••.:•!:•,i'„'•ix 44142...•••=•..•t...•-.,..••!/114A'..v-••..'- ',.4. - ........;.....01....-•.- ....... -_,:-..:-.,...., .,g.r.- ..:0 ...•..V...6:-Ig.::... -0.-•":2-- ......:...... Ott ••.;•.....4 -..-•..••...p ..:i..k.s.•440t......:- .••....RA.;...f„ •;110;"'''';•••::.•• 4 -..' .44..."t;;;:*.:k......:-It " •••.:..4.1 .4%. - ,....:.-1 -. w •7:...% ti View ofthe lower pad in the Property from the southeast corner.Sewer manholes can be seen in the center ofthe Property. •d'...."%a;.„•i•-• •e ' 'A • ,••-•••••!,•".'‘•`:,•S.11 +,•e-.•740••ti4H1." •'e•tri'3.?'sac.-'•.•e ••••••:0:7•M' t ••,••••••,• -V?' a ib •,-•'' •=1.,r.•,-. ;r ^14'..e.4;• w. ••It".61:Mg.r X-.•`;';21f.V; 414 ••'4.-"•. •.•..••• •••-• ,•6e •qr • • View taken from the southeast corner towards the northwest.Kingfisher Lane can be seen to the west and a few time share units can be seen on the top of the offsite slope. • 4 7 ••..0"` '-• 1 ^- • ktia4TAVV#S.' • View of the lower pad located on the eastern portion of the Property, taken from the southeast corner facing north. MINIM Form No.1068-2 CoOment No.: NCS-807930-CC ALTA Plain Language Commitment Page Number:1 Revised 9/21/16 „c :11111011411‘‘ 4 First American Title Company National Commercial Services 1850 Mt. Diablo Blvd., Suite 300 Walnut Creek,CA 94596 September 21, 2016 Louise Adamson Perkins Coie LLP 505 Howard Street Suite 1000 San Francisco , CA 94105 Phone:+1.415.344.7036 Customer Reference:Vacant Land Order Number:NCS-807930-CC Escrow Officer:Pamela Nicolini Phone:(925)927-2173 Email:pnicolini@firstam.com Property:Vacant Land, Carlsbad, CA Attached please find the following item(s): Commitment Thank You for your confidence and support.We at First American Title Insurance Company maintain the fundamental principle: Customer first! First American Title Insurance Company wherrin1111 Form No. 1068-2 C CoOment No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 2 First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company.It is issued to show the basis on which we will issue a Title Insurance Policy to you.The Policy will insure you against certain risks to the land title, subject to the limitations shown in the policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date.Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. This information is not part of the title insurance commitment. TABLE OF CONTENTS Page Agreement to Issue Policy 3 Schedule A 1.Commitment Date 4 2.Policies to be Issued, Amounts and Proposed Insured 4 3.Interest in the Land and Owner 4 4.Description of the Land 4 Schedule B-1 -Requirements Schedule B-2 -Exceptions Conditions YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. Form No.1068-2 CoOment No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 3 COMMITMENT FOR TITLE INSURANCE Issued by First American Title Insurance Company Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A,this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date,our obligation under this Commitment will end.Also,our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B. Form No. 1068-2 CoOment No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 4 SCHEDULE A 1.Commitment Date:August 08, 2016 at 7:30 A.M. 2.Policy or Policies to be issued:Amount (A)ALTA Extended Owner's Policy-2006 $2,300,000.00 Proposed Insured: Aviara Residence Club Owner's Association,a California mutual benefit corporation 3.(A)The estate or interest in the land described in this Commitment is: Fee as to Parcel 1 and Easement as to Parcels 2, 3 and 4 (B)Title to said estate or interest at the date hereof is vested in: Aviara FSRC Associates Limited Partnership, a California limited partnership 4.The land referred to in this Commitment is situated in the City of Carlsbad,County of San Diego, State of California, and is described as follows: PARCEL 1: LOTS 44 THROUGH 48, 51 AND 56 OF CITY OF CARLSBAD TRACT NO. 95-02, UNIT 3 PLANNING AREAS PORTION OF 2B AND 10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.13979, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, RECORDED JUNE 9, 2000 AS FILE NO. 2000- 0306276 OF OFFICIAL RECORDS. EXCEPTING THEREFROM, ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED IN THE DEED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, RECORDED JULY 13, 2001, AS INSTRUMENT NO. 2001- 0484003, OFFICIAL RECORDS. PARCEL 2:• A PERPETUAL, NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY ON, OVER, ACROSS AND r. Form No.1068-2 CoOment No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 5 ALONG THAT PORTION OF LOT 5 OF CITY OF CARLSBAD TRACT 85-35, PHASE 1 UNIT A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.12409, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29,1989, FILE NO. 89-345850 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5; THENCE ALONG THE NORTH LINE OF SAID LOT 5, NORTH 88°01'16" EAST, 54.66 FEET TO A POINT ON THE EASTERLY LINE OF FINCH LANE AS SHOWN ON SAID MAP NO.12409, SAID POINT BEING ON THE ARC OF A 302.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST, A RADIAL LINE TO SAID POINT BEARS SOUTH 58°46'47" EAST; THENCE SOUTHWESTERLY ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°39'43" A DISTANCE OF 35.12 FEET; THENCE SOUTH 37°52'57" WEST,107.86 FEET; TO THE BEGINNING OF A TANGENT 478.00 FOOT RADIUS CURVE, CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°20'56" A DISTANCE OF 353.30 FEET; THENCE 1 SOUTH 04°28'00" EAST, 78.63 FEET, TO THE BEGINNING OF A TANGENT 178.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°25'46" A DISTANCE OF 54.15 FEET TO THE BEGINNING OF A NON-TANGENT 43.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID POINT BEARS NORTH 05°17'32" EAST -THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 61°48'24" A DISTANCE OF 46.39 FEET; THENCE SOUTH 22°54'03" EAST 61.53 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF KINGFISHER PLACE AS SHOWN AND DEDICATED ON SAID MAP NO.12409 SAID POINT BEING ON THE ARC OF 50.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST, A RADIAL LINE TO SAID POINT BEARS NORTH 11°01'59" WEST; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT OF WAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70°28'00" A DISTANCE OF 61.49 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 5 AND A POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID POINT BEARS SOUTH 81°29'58" EAST; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID LOT 5 AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64°27'37" A DISTANCE OF 22.50 FEET; THENCE NORTH 55°56'35" WEST, 47.28 FEET TO THE BEGINNING OF TANGENT 43.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 51°28'35" A DISTANCE OF 38.63 FEET; THENCE NORTH 04°28'00" WEST, 24.67 FEET; THENCE NORTH 05°59'10" WEST, 71.05 FEET; THENCE NORTH 04°28'00" WEST, 78.63 FEET TO THE BEGINNING OF A TANGENT 522.00 FOOT RADIUS CURVE, CONCAVE TO •TFIE EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°20'56" A DISTANCE OF 385.82 FEET; THENCE NORTH 37°52'56" EAST,107.86 FEET TO THE POINT OF BEGINNING. PARCEL 3: AN EASEMENT FOR INGRESS, EGRESS, ROAD AND GENERAL UTILITY PURPOSES, OVER UNDER, ALONG AND ACROSS THAT PORTION OF KINGFISHER PLACE AS SHOWN ON CITY OF CARLSBAD TRACT NO. 85-35 AVIARA PHASE 1 UNIT 'A', IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.12409, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989 AND THAT PORTION OF PARCEL 2 OF PARCEL MAP NO.16451, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 15,1991 AS FILE NO. 91-168677 OF OFFICIAL RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWEST CORNER OF LOT 4 OF SAID MAP NO.12409, SAID CORNER BEARS SOUTH 76°16'04" WEST (SOUTH 76°15'48" WEST RECORD PER SAID MAP NO. 12409) FROM AN ANGLE POINT IN TFIE SOUTHERLY LINE THEREOF; THENCE SOUTFI 04°32'16" WEST,119.04 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY 30.32 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 86°52'00" TO A POINT ON THE NORTH RIGHT OF WAY LINE OF BATIQUITOS DRIVE (68' WIDE) AS SHOWN ON SAID MAP NO.12409; 'THENCE NON-TANGENT Form No.1068-2 Cog:lent No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 6 TO SAID CURVE AND ALONG SAID NORTH RIGHT OF WAY LINE, NORTH 82°19'44" WEST, 73.99 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 634.00 FEET; THENCE CONTINUING WESTERLY 25.34 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°17'24" TO A POINT OF CUSP BEING THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 05°22'52" WEST; THENCE LEAVING SAID NORTH RIGHT OF WAY LINE, NORTHEASTERLY 31.71 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°50'36"; THENCE NORTH 04°32'16"EAST, 254.75 FEET; THENCE NORTH 04°52'39" WEST, 284.78 FEET; THENCE SOUTH 45°16'01"EAST,1.28 FEET; THENCE SOUTH 04°27'44" EAST, 24.66 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 43.00 FEET; THENCE SOUTHEASTERLY 38.63 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51°28'35"; THENCE SOUTH 55°56'19" EAST, 35.51 FEET; THENCE SOUTH 04°49'51" EAST, 304.50 FEET; THENCE SOUTH 04°32'16" WEST, 47.80 FEET TO THE POINT OF BEGINNING. PARCEL 4: AN EASEMENT FOR ACCESS, INGRESS AND EGRESS OVER, UNDER, ALONG AND ACROSS ALL OF LOTS 52 AND 54 OF CITY OF CARLSBAD TRACT NO. 95-02, UNIT 3 PLANNING AREAS PORTION OF 2B AND 10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.13979, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 9, 2000. APN: 215-941-04 (Affects Lot 46) 215-941-05 (Affects Lot 47) 215-941-06 (Affects Lot 48) 215-941-07 (Affects Lot 51) 215-941-10 (Affects Lot 56) 215-941-11 (Affects Lot 44) 215-941-12 (Affects Lot 45) Form No.1068-2 0 CoZment No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 7 SCHEDULE B SECTION ONE REQUIREMENTS The following requirements must be met: (A)Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B)Pay us the premiums, fees and charges for the policy. (C)Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. (D)You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land.We may then make additional requirements or exceptions. (E)Releases(s) or Reconveyance(s) of Item(s): None (F)Other: None (G)You must give us the following information: 1.Any off record leases, surveys, etc. 2.Statement(s) of Identity, all parties. 3.Other: None The following additional requirements, as indicated by "X", must be met: [X](H)Provide information regarding any off-record matters, which may include, but are not limited to:leases, recent works of improvement, or commitment statements in effect under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq. The Company's Owner's Affidavit form (as provided by company) must be completed and submitted prior to close in order to satisfy this requirement.This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. [REC'D](I)An ALTA/NSPS survey of recent date, which complies with the current minimum standard detail requirements for ALTA/NSPS land title surveys, must be submitted to the Company for review.This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. [](J)The following LLC documentation is required: (i)a copy of the Articles of Organization (ii)a copy of the Operating Agreement, if applicable (iii)a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv)express Company Consent to the current transaction Form No.1068-2 Co ent No.:NCS-807930-CC ALTA Plain Language Commitment Page Number: 8 [X](K)The following partnership documentation is required : (i)a copy of the partnership agreement, including all applicable amendments thereto (ii)a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iii) express Partnership Consent to the current transaction [](L)The following corporation documentation is required: (i)a copy of the Articles of Incorporation (ii)a copy of the Bylaws, including all applicable Amendments thereto (iii)a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Corporate Resolution consenting to the current transaction [X](M)Based upon the Company's review of that certain partnership/operating agreement dated Not disclosed for the proposed insured herein, the following requirements must be met: Any further amendments to said agreement must be submitted to the Company, together with an affidavit from one of the general partners or members stating that it is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement.This Commitment will then be subject to such further requirements as may be deemed necessary. [](N)A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any amendments and/or assignments thereto, must be submitted to the Company for review, along with an affidavit executed by the present lessee stating that it is a true copy, that the lease is in full force and effect, and that there have been no further amendments to the lease.This Commitment will then be subject to such further requirements as may be deemed necessary. [X](0)Approval from the Company's Underwriting Department must be obtained for issuance of the policy contemplated herein and any endorsements requested thereunder.This Commitment will then be subject to such further requirements as may be required to obtain such approval. [](P)Potential additional requirements, if ALTA Extended coverage is contemplated hereunder, and work on the land has commenced prior to close, some or all of the following requirements, and any other requirements which may be deemed necessary, may need to be met: [](Q)The Company's "Indemnity Agreement I" must be executed by the appropriate parties. [](R)Financial statements from the appropriate parties must be submitted to the Company for review. [](S)A copy of the construction contract must be submitted to the Company for review. [](T)An inspection of the land must be performed by the Company for verification of the phase of construction. [](U)The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company employee, based upon information furnished by the appropriate parties involved. Form No.1068-2 Comment No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 9 SCHEDULE B SECTION TWO EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached.Copies of the policy forms should be read.They are available from the office which issued this Commitment. 1.General and special taxes and assessments for the fiscal year 2016-2017,a lien not yet due or payable. 2.The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No.1 (Carlsbad Unified School District), as disclosed by Notice of Special Tax Lien recorded April 09, 1990 as Instrument No. 1990-189679 of Official Records . 3.The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No.1, as disclosed by Notice of Special Tax Lien recorded May 20, 1991 as Instrument No.1991-0236959 of Official Records. 4.The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 5.Abutter's rights of ingress and egress to or from Alga Road (Now Aviara Parkway), excepting therefrom access openings have been dedicated or relinquished on the map of City of Carlsbad Tract 85-35 Map No.12409 of Tract Maps recorded June 29, 1989. (Affects Lot 56 as shown on Map No.13979 ) 6.The terms and provisions contained in the document entitled "Resolution No.8744" recorded August 19, 1986 as Instrument No.1986-356638 of Official Records. 7.The terms, provisions and easement(s) contained in the document entitled "Title Settlement and Exchange Agreement and Conveyance of Public Access Easement" recorded June 10, 1988 as Instrument No.1988-278452 of Official Records. 8.The terms and provisions contained in the document entitled "Deed Restriction (Open Space)" recorded April 14, 1989 as Instrument No.1989-196176 of Official Records. A Release of Deed Restriction (Open Space) recorded July 9, 1990 as Document No.1990- 369910 of Official Records of San Diego County, California. A Release of Deed Restriction (Open Space) recorded July 3, 1991 as Document No.1991- 0327679 of Official Records of San Diego County, California. A Release of Deed Restriction (Open Space) recorded February 4, 1992 as Document No.1992- 0059246 of Official Records of San Diego County, California. •Form No.1068-2 Co'anent No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 10 Document(s) declaring modifications thereof recorded February 7, 1996 as Instrument No.1996- 0063237 of Official Records. 9.The terms and provisions contained in the document entitled "Deed Restriction (Trail)" recorded April 14, 1989 as Instrument No.1989-196178 of Official Records. 10.The terms, provisions and easement(s) contained in the document entitled "Irrevocable Offer to Dedicate Open-Space Easement and Declaration of Restrictions" recorded April 14, 1989 as Instrument No.1989-196180 of Official Records. 11.The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee" recorded June 5, 1989 as Instrument No.1989-296176 of Official Records. 12.The terms and provisions contained in the document entitled "Desiltation Basin/Storm Drainage Maintenance Agreement" recorded June 29, 1989 as Instrument No.1989-345771 of Official Records. 13.An easement shown or dedicated on the map filed or recorded June 29, 1989 as Map No.12409 of Tract Map. For:drainage and incidental purposes. (Affects Lot 48) A portion of said Drainage Easement over Lots 5, 7, 8 and 9 was eliminated by Quitclaim Deed recorded July 16, 1996 as File Nos.1996-0356018 and 1996-0356019, both of Official Records. 14.Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded July 05, 1989 as Instrument No.1989-354659 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. A document entitled "First Amended and Restated Master Declaration of Covenants, Conditions, and Restrictions for Aviara" recorded July 31, 1990 as Instrument No.1990-418521 of Official Records. A document entitled "Second Amended and Restated Master Declaration of Covenants, Conditions, and Restrictions for Aviara" recorded February 08, 1991 as Instrument No.1991- 0057543 and re-recorded March 15, 1991 as Instrument 1991-0114756, both of Official Records. A document entitled "Third Amended and Restated Master Declaration of Covenants, Conditions, and Restrictions for Aviara" recorded September 16, 1991 as Instrument No.1991-0475307 of Official Records. The terms and provisions contained in the document entitled "First Amended and Fully Restated Assignment of Declarant's Rights under Master Declaration of Covenants, Conditions and Restrictions for the Aviara Country Club and Resort" recorded June 29, 1992 as Instrument No. 1992-0406653 of Official Records. NIMOIMMI •Form No.1068-2 0 Coanent No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 11 A declaration of De-Annexation recorded April 11, 1997 as Instrument No.1997-0167474 of Official Records. A declaration of Re-Annexation recorded April 11,1997 as Instrument No.1997-0167475 of Official Records. 15.An easement for underground facilities and appurtenances and incidental purposes, recorded February 20, 1990 as Instrument No.1990-090371 of Official Records. In Favor of:San Diego Gas & Electric Company Affects:as described therein (Affects Lot 56) The terms and provisions contained in the document entitled "Unity of Control" recorded April 16, 1990 as Instrument No.1990-204778 of Official Records. 16.An easement for underground facilities and appurtenances and incidental purposes, recorded April 27, 1990 as Instrument No.1990-229570 of Official Records. In Favor of:San Diego Gas & Electric Company Affects:as described therein (Affects Lot 51) 17.The terms, provisions and easement(s) contained in the document entitled "Easement and Covenant regarding CATV Service" recorded June 1,1990 as Instrument No.1990-298175 of Official Records. The terms and provisions contained in the document entitled "Assumption and Easement Agreement" recorded June 1,1990 as Instrument No.1990-298179 of Official Records. The terms and provisions contained in the document entitled "Assumption and Easement Agreement" recorded June 1,1990 as Instrument No.1990-298181 of Official Records. A portion of said land was released by Corporation Quitclaim Deed, executed by Daniels Cablevision, Inc.,a Delaware Corporation dated March 26, 1991 and recorded April 15,1991 as Document No.1991-0168675 of Official Records of San Diego County, California. Document(s) declaring modifications thereof recorded April 15, 1991 as Instrument No.1991- 0168678 of Official Records. The terms and provisions contained in the document entitled "Assumption and Easement Agreement" recorded July 30, 2001 as Instrument No.2001-0530309 of Official Records. 18.The terms and provisions contained in the document entitled "Deed Restriction (Open Space)" recorded July 19, 1990 as Instrument No.1990-392418 of Official Records. 19.An easement for either or both pole lines, conduits or underground facilities and incidental purposes, recorded August 28, 1990 as Instrument No.1990-469522 of Official Records. In Favor of:San Diego Gas and Electric Company, a Corporation Affects:as described therein The location of the easement cannot be determined from record information. Form No.1068-2 CoOment No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 12 20.The terms and provisions contained in the document entitled "Payment of Public Facilities Fee" recorded September 10, 1990 as Instrument No. 90-492474 of Official Records. 21.The terms and provisions contained in the document entitled "Special Assessment District Pass- Through Authorization" recorded October 31, 1990 as Instrument No.1990-590739 of Official Records. 22.The terms and provisions contained in the document entitled "Hold Harmless Agreement" recorded July 10, 1991 as Instrument No.1991-0337923 of Official Records. 23.Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded November 09,1992 as Instrument No.1992-0715209 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. A document entitled "An Amended and Restated Declaration of Covenants, Conditions and Restrictions" recorded February 20, 1997 as Instrument No.1997-0076693 of Official Records. The terms and provisions contained in the document entitled "A First Amendment to Amended and Restated Declaration of Covenants, Conditions and Restrictions" recorded August 01, 1997 as Instrument No.1997-0369021 of Official Records. 24.The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded May 02, 2000 as Instrument No. 2000-0225692 of Official Records. 25.An easement shown or dedicated on the map filed or recorded June 09, 2000 as Map No.13979 of Tract Map. For:private street, general utility and access and incidental purposes. III (Affects Lot 51) 26.An easement shown or dedicated on the map filed or recorded June 09, 2000 as Map No.13979 of Tract Map. For:open space and incidental purposes. (Affects Lot 56) 27.An easement for public utilities and incidental purposes, recorded November 21, 2000 as Instrument No.2000-0634066 of Official Records. In Favor of:San Diego Gas and Electric Company,a corporation Affects:as described therein (Affects Lots 43, 44, 45, 46, 47, 48 and 51) The location of the easement cannot be determined from record information. •Form No.1068-2 Co ment No.:NCS-807930-CC ALTA Plain Language Commitment Page Number: 13 28.First Amended and Restated Declaration of Covenants, Conditions and Restrictions in the document recorded April 13, 2001 as Instrument No. 2001-0229327 and re-recorded June 12, 2001, as Instrument No.2001-0393127, both 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 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. A document entitled "First Amended and Restated Irrevocable License (Four Seasons Residence Club Aviara)" recorded April 13, 2001 as Instrument No. 2001-0229328 of Official Records. A document entitled "First Amendment to First Amended and Restated Irrevocable License (Four Seasons Residence Club Aviara)" recorded March 22, 2002 as Instrument No. 2002-244189 of Official Records. The terms and provisions contained in the document entitled "Supplementary Declaration to First Amended and Restated Declaration of Covenants, Conditions and Restrictions" recorded March 22, 2002 as Instrument No.2002-0244187 of Official Records. (Affects Lots 44 through 48) 29.The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded November 07, 2013 as Instrument No.2013-0664461 of Official Records. 30.Water rights, claims or title to water, whether or not shown by the public records. 31.Rights of parties in possession. (Affects Lots 45 through 48,51 and 56) 32.Any facts, rights, interests or claims that may exist or arise by reason of the following matters disclosed by an ALTA/NSPS survey made by O'Day Consultants on May 14, 2015, last revised April 25, 2016 ,designated Job Number 151007: (A) Sidewalk at southwest section of subject property crosses southwest boundary into subject property by an undisclosed distance; (B) Kingfisher Lane crosses into southwest section of subject property; (C) Two traffic signal pole boxes lie entirely within south and southwest boundaries of subject property by undisclosed distances; (D) Two traffic signal boxes at northeast section of subject property lie entirely within northeast and northwest boundaries of subject property by undisclosed distances; (E) Retaining wall at south section of subject property crosses south boundary into lands of others by an undisclosed distance; (F) Fence at southwest section of subject property crosses south boundary into lands of others by an undisclosed distance; (G) Multiple air conditioning units lie south of subject property into lands of others by undisclosed distances; ownership unknown; (H) Record water sign at northeast section of subject property crosses northwest boundary into Kingfisher Lane right of way by an undisclosed distance;(I) Two unidentified utilities depicted as a circle labeled "F" along west boundaries of subject property are without benefit of easement; (J) Two unidentified utilities depicted as a circle labeled "W" along west boundaries of subject property are without benefit of easement; (K) Unidentified utility depicted as a dot within a circle at northeast section of subject property is without benefit of known easement; (L) Multiple sanitary sewer manholes throughout subject property are without benefit of easement. 11111111111111111001.004 woo 10111101111 MM. •Form No. 1068-2 0 CoOment No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 14 INFORMATIONAL NOTES NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the Public Records on or after February 8, 2011, encumbers the Title except as follows: None (Affects Lots 44 through 48) 1.Taxes for proration purposes only for the fiscal year 2015-2016. First Installment:$4,672.34, PAID Second Installment:$4,672.34, PAID Tax Rate Area:09027 APN:215-941-11-00 (Affects Lot 44) 2.Taxes for proration purposes only for the fiscal year 2015-2016. First Installment:$4,663.35, PAID Second Installment:$4,663.35, PAID Tax Rate Area:09027 APN:215-941-12-00 (Affects Lot 45) 3.Taxes for proration purposes only for the fiscal year 2015-2016. First Installment:$4,365.45, PAID Second Installment:$4,365.45, PAID Tax Rate Area:09027 APN:215-941-04-00 (Portion of Community Facilities District included) (Affects Lot 46) 4.Taxes for proration purposes only for the fiscal year 2015-2016. First Installment:$4,369.53, PAID Second Installment:$4,369.53, PAID Tax Rate Area:09027 APN:215-941-05-00 (Portion of Community Facilities District included) 1 (Affects Lot 47) 111•01111111111.11111M1 MIII •Form No.1068-2 C CoOment No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 15 5.Taxes for proration purposes only for the fiscal year 2015-2016. First Installment:$4,369.20, PAID Second Installment:$4,369.20, PAID Tax Rate Area:09027 APN:215-941-06-00 (Portion of Community Facilities District included) (Affects Lot 48) 6.Taxes for proration purposes only for the fiscal year 2015-2016. First Installment:$0.00, NO TAX DUE Second Installment:$0.00, NO TAX DUE Tax Rate Area:09027 APN:215-941-07-00 (Affects Lot 51) 7.Taxes for proration purposes only for the fiscal year 2015-2016. First Installment:$0.00, NO TAX DUE Second Installment:$0.00, NO TAX DUE Tax Rate Area:09027 APN:215-941-10-00 (Affects Lot 56) 8.The property covered by this report is vacant land. (Affects Lots 45 through 48,51 and 56) 9.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 Situs Unavailable, Carlsbad, California. (Affects Lot 44) 10.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: None 11.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. The map attached, if any, may or may not be a survey of the land depicted hereon.First American Title 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. ...mramomar••••WMPOINNIMMONIME MIN NO. Form No.1068-2 0 CoOment No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 16 *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer.***** Form No. 1068-2 CoOnent No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 17 CONDITIONS 1.DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records"means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2.LATER DEFECTS The Exceptions in Schedule B -Section Two may be amended to show any defects,liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B -Section One are met.We shall have no liability to you because of this amendment. 3.EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B,we may amend Schedule B to show them.If we do amend Schedule B to show these defects,liens or encumbrances,we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4.LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements.If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Section One Or eliminate with our written consent any Exceptions shown in Schedule B -Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5.CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. •• Form No.1068-2 Coanent No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 18 •firstAnterie an Title Privacy InformationWe 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 financial 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 Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the Information that 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. First American calls these guidelines its Fair Information Values. Typesof 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. Useof 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, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such asquality 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 financial 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 ifyou 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. 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 receive on the Internet. In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names,not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site,pages viewed and similar Information.First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information.Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information.Ifyou choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain 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 content or the privacy practices employed by other sites. Cookies Some of First American's Web 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 cookie on your hard drive. ,q/kmcgga 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 Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution 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 collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the Importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use Information ina responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (9/1/10)Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) 101.•11.100•101.11110N Form No.1068-2 CoOment No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 19 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1.CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULE B EXCEPTIONS FROM COVERAGE 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 notice 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. 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 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 ofa defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2.Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3.Defects, liens, encumbrances, adverse claims or other matters: (a)whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b)not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy; or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4.Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with 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. 6.Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their 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. 2.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1.Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2.Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B Form No.1068-2 0 CoOment No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 20 This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 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. 2.Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3.Easements, claims of easement or encumbrances 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 public records. 5.Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1.Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2.Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured daimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for 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). 4.Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 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. 2.Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3.Easements, claims of easement or encumbrances 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 public records. 5.Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE 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 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 exduded 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. Form No. 1068-2 Co ment No.:NCS-807930-CC ALTA Plain Language Commitment Page Number: 21 2.Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3.Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (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 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 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. 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. 7.Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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. 2.Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3.Easements, claims of easement or encumbrances 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 public records. 5.Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 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 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 Form No.1068-2 0 CoOnent No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 22 (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4.Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) ofsuch recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 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. 2.Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3.Easements, claims of easement or encumbrances 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 public records. 5.Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. ALTA RESIDENTIAL TITLE INSURANCE POLICY(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 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: (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 ofCovered 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 Policy Date and is binding on you if you bought the land without knowing of the taking 3.Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records (c) that result in no loss to you (d) 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: (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 exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE -1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE -1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability Form No.1068-2 Coanent No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 23 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 any law or government regulation. This includes ordinances, laws and regulations concerning: a.building b. zoning c.land use d. improvements on the land e.land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16,17 or 24. 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 apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3.The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b.the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4.Risks: a.that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b.that are Known to You at the Policy Date, but not to Us, unless they appear 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.d, 22, 23, 24 or 25. 5.Failure to pay value for Your Title. 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 18. 12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (1/01/08) 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 which 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 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 (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 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 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 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 5 or 6. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -2006 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 Form No.1068-2 Cot No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 24 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 police 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 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 (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 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). 14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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.(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. 15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -2006 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 which 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. Form No.1068-2 0 CoOment No.: NCS-807930-CC ALTA Plain Language Commitment Page Number: 25 (b) Any governmental police 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 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 (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that the transaction vesting the Title 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. 16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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.(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. INVOICE (00002663) BILLING CONTACT JOHN DAVID • City of Carlsbad CC Ay ofAVIARA RESIDENCE CLUB OWNERS ASSN 7210 Blue Heron PI 1635 Faraday Avenue Carlsbad, Ca 92011-4911 Carlsbad, CA 92008-7314 Carlsbad INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00002663 01/17/2017 01/17/2017 Due NONE REFERENCE NUMBER FEE NAME TOTAL SDP8602E POSTAGE (ALL)$23.97 SUB TOTAL $23.97 TOTAL $23.97 IIIVIII III 1110 1101 1110 1011 !III VIII City of Carlsbad Faraday Center Faraday Cashiering 001 1701701 -2 01/17/2017 149 Tue,Jan 17,2017 11:51 AM Receipt Ref Nbr:R1701701 -2/0035 ENERGOV -ENERGOV Tran Ref Nbr:170170102 0035 0036 Trans/Rcpt#:00002663 SET #:00002663 Amount:1 $23.97 Item Subtotal:$23.97 Item Total:$23.97 1 ITEM(S)TOTAL:$23.97 •Check (Chk#00435)$23.97 Total Received:$23.97 Have a nice day! **************CUSTOMER COPY************* January 17, 201' 11:47 am Page 1 of 1 elarCq City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 I1111111111 I MEI111 11111MI11111 III Applicant:AVIARA RESIDENCE CLUB OWNERS ASSN Description Amount CDP16044 1,588.97 Receipt Number:R0120853 Transaction ID:R0120853 Transaction Date:10/14/2016 Pay Type Method Description Amount Payment Cash 1,588.97 Transaction Amount:1,588.97 City of Carlsbad Faraday Center Faraday Cashiering 001 1629101 -2 10/17/2016 149 Mon,Oct 17,2016 11:08 AM Receipt Ref Nbr:R1629101-2/0031 PERMITS -PERMITS Tran Ref Nbr:162910102 0031 0032 Trans/Rcpt#:R0120853 SET #:CDP16044 Amount:1 @ $1,588.97 Item Subtotal:$1,588.97 Item Total:$1,588.97 PERMITS -PERMITS Tran Ref Nbr:162910102 0031 0033 Trans/Rcpt#:R0120854 SET #:SDP8602E Amount:1 @ $7,818.00 Item Subtotal:$7,818.00 Item Total:$7,818.00 2 ITEM(S)TOTAL:$9,406.97 Wire Transfer $9,406.97 Total Received:$9,406.97 Have a nice day! **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111111111111111111111 Applicant:AVIARA RESIDENCE CLUB OWNERS ASSN Description Amount SDP8602E 7,818.00 Receipt Number:R0120854 Transaction ID:R0120854 Transaction Date:10/14/2016 Pay Type Method Description Amount Payment Cash 7,818.00 Transaction Amount:7,818.00