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HomeMy WebLinkAboutSUP 06-10X2A; AGUA HEDIONDA OUTER LAGOON MAINTENANCE; Special Use Permit (SUP).It_ City of LAND USE REVIEW Development Services Planning Division Carlsbad APPLICATION 1635 Faraday Avenue 13-1 (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 El Minor General Plan Amendment O Conditional Use Permit 0 Local Coastal Program AmendmentElMinorEExtension O Day Care (Large)0 Master Plan Amendment Environmental Impact Assessment 0 Specific Plan 0 Amendment E Habitat Management Permit El Minor El Zone Change Hillside Development Permit Minor El Zone Code Amendment Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits Planned Development Permit Minor Review Permit 0 Residential Non-Residential E Administrative El Minor El Major Planning Commission Determination n Reasonable Accommodation Village Review Area Permits O Site Development Plan Minor El Review Permit 7J Special Use Permit 170/FM(2 Administrative El Minor E Major E Tentative Parcel Map (Minor Subdivision) 111 Tentative Tract Map (Major Subdivision) O Variance El Minor NOTE:A PROPOSED PROJECT REQUIRING MULTIPLE 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).:210-010-45 and -47 PROJECT NAME:Agua Hedionda Lagoon Outer Basin Maintenance Dredging BRIEF DESCRIPTION OF PROJECT:Routinely maintenance dredge the outer basin of the AHL &replenish beaches. BRIEF LEGAL DESCRIPTION:Portions of Lot "H" of Rancho Agua Hedionda, according to partition Map No. 823, filed 11/16/98 LOCATION OF PROJECT:Encina Power Station, 4600 Carlsbad Blvd., Carlsbad, CA 92008 STREET ADDRESS ON THE:SIDE OF (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) BETWEEN AND (NAME OF STREET)(NAME OF STREET) t)Ek70190@t' P-1 Page 1 of 6 Revised 03/16 OWNER NAME (Print):Cabrillo Power I LLC APPLICANT NAME (Print):Same MAILING ADDRESS:4600 Carlsbad Blvd.MAILING ADDRESS: CITY,STATE, ZIP:Carlsbad, CA 92008 CITY, STATE, ZIP: TELEPHONE:760-268-4018 TELEPHONE: EMAIL ADDRESS:sheila.henika©nrg.com EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNERINFORMATIONISTRUEANDCORRECTTOTHEBESTOFMYAND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE.CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET F TH EREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURP E F IS AP [CATION. SIGNA R E 1I1 SIGNATURE DATE APPLICANTS EPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 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 THISAPPLICATION.I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RES ICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORD -I 0 HE TITLE T•HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITHTHE•Dr..•ANY SUC SSORS IN INTEREST. 111 I.:'OPER 'OWNER SIGNATURE FOR CITY USE ONLY CritIVED JUL 0 8 2016 Ci .jr•LJARLSBAD PL_L\Nki NO DIVISIONDATE STAMP APPLICATION RECEIVED• RECEIVED BY: • P-1 Page 2 of 6 Revised 03/16 Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement: I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge.I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application.I agree to indemnify,hold harmless,and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees.I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-"or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy.The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk.This agreement is a condition of the issuance of this administrative permit for the subject of this permi •on the public sidewalk.I understand that an approved administrative permit shall remain in effect •r as •n•as outdoor displays are permitted within the Village Review Area and the permittee remains in col`4 •e w.he subjertit permit. Signature Date:___9/010t Certificatio atement: I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge.I support the applicants request for a permit to place the subject property on the public sidewalk.I understand that an approved administrative permit shall remain in effect for as ng as outdoor displays are permitted within the Village Review Area and the permittee remains in co i wi he subject approved permit. Signature Date:Car‘ P-1 Page 3 of 6 Revised 03/16 LAND USE REVIEW APPLICATION FORM INSTRUCTIONS TO APPLICANTS In order to streamline the application process and reduce duplication in filling out application forms, the city has adopted a comprehensive application form to handle multiple application submittals.The following instructions should assist you in preparing the application form for submittal to the city: Applications applied for:Check the appropriate boxes for the various application types for which you are applying.Check with counter staff to determine required application types needed to process your specific project. Assessor Parcel No(s).:Include all assessor parcel numbers included within the project boundary.The counter staff can assist you in determining the appropriate assessor parcel number(s). Project Name:Fill in the box with the name of the project, such as "Red Oak Homes" or "Benson Commercial."If no name is proposed,write the last name of the owner or applicant plus a brief description such as "Jones Condo Conversion" or "Smith Residential Subdivision." Brief Description of Project:Write down a brief description of the project.Be specific but do not include square footage or architectural details.For example:a neighborhood commercial center with two restaurants; single family detached residential project; or an industrial/office complex with three industrial/office buildings. Owner's Name,Address, Phone Number, Email address and Signature:To be filled in and signed by the owner for all applications.Use the owner's name as it appears on the title report. Applicant's Name, Address, Phone Number, Email address and Signature:To be filled in and signed by the applicant.If owner and applicant are the same you may write same on the space for the name.All correspondence and contact regarding the application will be directed to the applicant. Brief Legal Description:Provide a brief legal description of the property such as "Lot 6 of Map No.8828 Carlsbad Tract 88-3" or "Portion of Lot I of Rancho Agua Hedionda map 1717."Do not provide bearings and distances.A full legal description will be contained within the title report submitted with the application. Location of Project:Fill in the blanks with the street address (if appropriate), direction and street names.For projects located in undeveloped areas not adjacent to streets,use the nearest street from which the project will take access. Consent to Allow Entrance onto the Property:Signature granting members of city staff, Planning Commissioners, or City Council members' permission to inspect and enter the property. Notice of Restriction:Property owner acknowledges and consents to a Notice of Restriction if conditioned for the applicant.Notices of Restriction run with the land and bind any successors in interest. Application Requirements:Attached with the application form are the various submittal requirements for each application type listed on the face of the application.Follow any instructions contained within the submittal requirements and submit the information and materials required for each of the applications for which you are applying. If you have any questions regarding application submittal requirements clarificationregardingaspecific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. IMPORTANT:Check all submittals to be sure all the required information and materials have been submitted with your application.Incomplete submittals will not be processed orscheduled for review by staff, the Commission or Council.You will be notified in writing within 30 days of submittal whether or not your application is complete. A proposed project requiring multiple 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. P-1 Page 4 of 6 Revised 03/16 CDevelopment Services City of DISCLOSURE STATEMENT Planning Division Carlsbad P-1(A)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information 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 may be attached if necessary.) Person Jay Bellingham Corp/Part Cabrillo Power I LLC Title Vice President Title Address 4600 Carlsbad Blvd. Carlsbad, CA 92008 Address 4600 Carlsbad Blvd. Carlsbad, CA 92008 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 Jay Bellingam Corp/Part Cabrillo Power I LLC Title Vice President Title Address 4600 Carlsbad Blvd. Carlsbad, CA 92008 Address 4600 Carlsbad Blvd. Carlsbad, CA 92008 P-1(A)Page 1 of 2 Revised 07/10 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 NA 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? riYes ri No If yes, please indicate person(s): NOTE:Attach additional sheets if necessary. I certify that the above information is true and correct to the st of my knowledge. Signa re of own /date Si na re of pplicant/date Jay Bellingham Jay Bellingham Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A)Page 2 of 2 Revised 07/10 TIME LIMITS ON Development Services City of DISCRETIONARY 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 requirem or whether all requirements are necessary for your particular application) please call a.'.0 610. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E)Page 1 of 1 Revised 07/10 STORM WATER STANDARDS Development Services(City of QUESTIONNAIRE Land Development Engineering Carlsbad E-34 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual).To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision,discretionary permits and/or construction permits).The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project.Depending on the outcome,your project will either be subject to 'STANDARD PROJECT'requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.City staff has responsibility for making the final assessment after submission of the development application.If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete.In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application.Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. ',-, PROJECT NAME: Agua Hedionda Lagoon Outer Basin Maintenance Dredging PROJECT ID: ADDRESS: Encina Power Station, 4600 Carlsbad Blvd., Carlsbad, CA 92008 APN: 210-010-45 and -47 The project is (check one):0 New Development 0 Redevelopment The total proposed disturbed area is:in water ft2 )acres The total proposed newly created and/or replaced impervious area is:NA ft2 )acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP #: Then,go to Step 1 and follow the instructions.When completed,sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 "sirs 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 zor structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 5,mark the third box stating "my project is not a 'development project'and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): The project proposes routine maintenance dredging of the outer basin of the Agua Hedionda Lagoon. If ou answered "no" to the above •uestion, the •ro.ect is a xdevelo. ment .ro'ect',!o to Ste •2. To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1.Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a)Designed and constructed to direct storm water runoff to adjacent vegetated areas,or other non- erodible permeable areas; b)Designed and constructed to be hydraulically disconnected from paved streets or roads; c)Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2.Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in 171accordance with the USEPA Green Streets guidance? 3.Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5,mark the second box stating "my project is EXEMPT from PDP ..." and complete applicant information. Discussion to justify exemption (e.g.the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV 02/16 • • To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1.Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site?This includes commercial,industrial,residential,mixed-use,621 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 2more 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 2 refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project?A hillside development project includes development on any natural slope that is twenty-five 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 2alandareaorfacility 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 171freeway 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 Z 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 IZ1shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014,5541,7532-7534, or 7536-7539. 9.Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)?This category includes RGO's that meet the following criteria:(a)5,000 square feet or more or (b)a project Average Daily Traffic (ADT)of 100 or more vehicles per day. 10.Is your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction?17I 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 2 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 of 4 REV 02/16 ,rP". 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.0 0 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 statin• "M •ro'ect is a PDP ..." and com •lete a. slicant information. 0 My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual.I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual.As part of these requirements,I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note:For projects that are close to meeting the PDP threshold,staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. 171 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:Applicant Title:VP-. 4fic...Aini/Onkl. Applicant Signature:Date:c.93) Environmentally Sensitive Areas i ude but are n limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the St Water Reso es Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE efidal use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994)and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for City Use Only YES NO City Concurrence:0 0 By: Date: Project ID: E-34 Page 4 of 4 REV 01116 HAZARDOUS WASTE kci City of AND SUBSTANCES Development Services Planning Division Carlsbad STATEMENT 1635 Faraday Avenue (760) 602-4610P-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): 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. E 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:Cabrillo Power I LLC Name:Cabrillo Power I LLC Address:4600 Carlsbad Blvd.Address:4600 Carlsbad Blvd. Carlsbad, CA 92008 Carlsbad, CA 92008 Phone Number:760-268-4000 Phone Number:760-268-4000 Address of Site:4600 Carlsbad Blvd. Carlsbad, CA 92008 Local Agency (City and County):City of Carlsbad, San Diego County Assessor's book, page, and parcel number:210 -010-45 &-47 Specify list(s):NA Regulatory Identification Number:NA Date of List:N Coy_ ApOca t nature ate 522,1L—Pro eryOwrrer ignature/Datern The Hazardous Waste and Substances Sites List (Cortese List)is used by the State,focal 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 Per the California Environmental Protection Agency's website,"While Government Code Section 65962.5 [referred to as the Cortese List]makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in]1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred •directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.qovisitecleanup/CorteseList/default.htm www.calepa.ca.qovidatabase/calsites www.envirostordtsc.camov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://aeotrackerwaterboards.ca.qov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ca.usideh Hazardous Materials Division www.sdcountv.ca.qovideh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.qovisuiDerfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.qovisuperfund/sites/nplinpl.htm P-1(C)Page 2 of 2 Revised 02/13 Pb City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant:CABRILLO POWER I L L C Description Amount SUP0610X2A 4,131.15 Receipt Number:R0118630 Transaction ID:R0118630 Transaction Date:07/08/2016 Pay Type Method Description Amount Payment Cash 4,131.15 Transaction Amount:4,131.15 liffill11101111111 .01111% ‘1110° Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone:(619) 521-3500 •Fax:(619) 521-3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.:12207873-993-SD2-CFU Escrow/Customer Phone:(619) 521-3500 Padre Associates, Inc.Title Officer:Ken Cyr & Mark Franklin1861Knoll Drive Title Officer Phone:(619) 521-3555Ventura, CA 93003 ATTN:Donna M. Hebert Title Officer Fax:(619) 521-3608 Email:dhebert@padreinc.com Title Officer Email:cyr-franklin@ctt.com Ref:APN: 210-010-45 PROPERTY:APN: 210-010-45, CARLSBAD, CA PRELIMINARY REPORT In response to the applicationfor a policy oftitle insurance referenced herein,Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as ofthe date hereof a policy or policies oftitle insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason ofany defect,lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions ofsaid policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks ofsaid policy or policies are set sumo.forth in Attachment One.The policy to be issued may contain an arbitration clause.When the Amount ofInsurance is less than that setforth in the arbitration clause,all arbitrable matters shall be arbitrated at the option ofeither the Company or the Insured as the exclusive remedy of the parties.Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liabilityfor certain coverages are also setforth in Attachment One.Copies ofthe policy forms should be read.They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby.Ifit is desired that liability be assumedprior to the issuance ofa policy oftitle insurance, a Binder or Commitment should be requested. The policy(s)of title insurance to be issued hereunder will be policy(s)of Chicago Title Insurance Company,a Nebraska Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions setforth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice ofmatters which are not covered under the terms ofthe title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company er 000-4P;s4—. Randy Rusk Prodding M4416.By: Authorized Signature Wool Grind.,Secretary CLTA Preliminary Report Form —Modified (11/17/06)Page 1 0 Chicago Title Company .....N. Nasre.' 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone:(619) 521-3500 •Fax:(619) 521 -3608 PRELIMINARY REPORT EFFECTIVE DATE:June 17, 2016 at 7:30 a.m. ORDER NO.:12207873-993-SD2-CFU The form of policy or policies oftitle insurance contemplated by this report is: A Preliminary Report Only 1.THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2.TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CABRILLO POWER I LLC,a Delaware limited liability company .....t., 3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:-... See Exhibit A attached hereto and made a part hereof. 1, CLTA Preliminary Report Form —Modified (11/17/06)Page 2 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:APN: 210-010-45 ORDER NO.:12207873-993-SD2-CFU EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED CARLSBAD,IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 3: (APN 210-010-45) THAT PORTION OF LOT "H"OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO.823,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF. THE EASTERLY LINE OF THE 100.00 FOOT WIDE RIGHT-OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD WITH THE NORTHERLY LINE OF CANNON ROAD (60.00 FEET 'WIDE); THENCE ALONG SAID EASTERLY LINE NORTH 22°30'13" WEST,1564.78 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 22°30'13" WEST,1990.35 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1005.37 FEET,A RADIAL TO SAID BEGINNING BEARS SOUTH 85°54'14"EAST;THENCE NORTHEASTERLY 36.76 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°05'42;THENCE NON-TANGENT TO SAID CURVE NORTH 22°30'13" WEST, 302.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 61°25'37" EAST,14.19 FEET; THENCE NORTH 30°30'37" EAST, 34.90 FEET; THENCE SOUTH 40°47'23" EAST, 63.50 FEET; THENCE SOUTH 69°10'23" EAST, 38.00 FEET; THENCE NORTH 79°19'37" EAST, 285.00 FEET; THENCE NORTH 88°07'37"EAST,333.14 FEET;THENCE NORTH 81°53'37"EAST,13.68 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF CALIFORNIA STATE HIGHWAY XI-SD-2B (1-5); THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 17°57'05"WEST,15.21 FEET;THENCE NORTH 00°01'09""WEST,894.06 FEET; THENCE NORTH 15°10'48"WEST,193.90 FEET TO THE SOUTHERLY LINE OF MAP NO.11484 RECORDED APRIL 10,1986 AS FILE NO.86-138666;THENCE ALONG SAID SOUTHERLY LINE SOUTH 72°58'27"WEST, 1135.74 FEET TO A POINT ON THE EASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1975.00 FEET;THENCE SOUTHEASTERLY 909.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26°23'14" TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID LOT H DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF RECORD OF SURVEY NO.14621,IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 14,1994 AS FILE NO.1994-500086,SAID CORNER BEING ON THE WESTERLY LINE OF THE RIGHT-OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE ALONG SAID WESTERLY LINE AND EASTERLY LINE OF SAID RECORD OF SURVEY 14621 SOUTH 28°40'19" EAST, 656.70 FEET TO THE MOST SOUTHERLY CORNER OF SAID RECORD OF SURVEY NO.14621, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 28°40'19" EAST, 275.00 FEET;THENCE LEAVING SAID WESTERLY LINE SOUTH 56°25'30"WEST,61.30 FEET;THENCE SOUTH 04°59'18"WEST,27.61 FEET;THENCE SOUTH 39°37'42"EAST, 61.38 FEET;THENCE SOUTH 77°21'22" EAST, 49.55 FEET;THENCE SOUTH 26°45'23"EAST,232.92 FEET;THENCE SOUTH 17°52'19"EAST,115.92 FEET; THENCE SOUTH 02°16'37" EAST, 55.06 FEET; THENCE SOUTH 22°00'58" WEST, 44.47 FEET; THENCE SOUTH 40°45'14" WEST,126.60 FEET; THENCE SOUTH 29°41'50" WEST, 83.42 FEET; THENCE SOUTH 27°27'35" WEST, 90.04 FEET;THENCE SOUTH 35°18'30"WEST,212.59 FEET;THENCE SOUTH"19°22'01"EAST,108.34 FEET; THENCE SOUTH 30°56'56" EAST, 304.06 FEET; THENCE SOUTH 14°30'21" WEST, 175.27 FEET; THENCE SOUTH 00°09'57" EAST,123.11 FEET; THENCE SOUTH 26°53'37" EAST,119.99 FEET; THENCE SOUTH 34°46'51" WEST, 23.60 FEET;THENCE NORTH 61°27'21"WEST,142.77 FEET;THENCE NORTH 22°47'32"WEST,47.01 FEET; THENCE SOUTH 67°12'28"WEST,16.03 FEET; THENCE SOUTH 22°4732"EAST, 22.23 FEET; THENCE SOUTH 58°37'31" WEST, 97.99 FEET; THENCE SOUTH 41°35'28" WEST, 110.44 FEET; THENCE NORTH 74°44T52N WEST, 164.81 FEET;THENCE NORTH 05°57'51"WEST,202.95 FEET;THENCE NORTH 30°14'20"WEST,64.23 FEET; THENCE NORTH 64°31'22"WEST,293.59 FEET TO THE EASTERLY LINE OF THE 100.00 FOOT WIDE CARLSBAD BOULEVARD;THENCE ALONG SAID EASTERLY LINE OF CARLSBAD BOULEVARD SOUTH CLTA Preliminary Report Form -Modified (11/17/06)Page 3 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:APN: 210-010-45 ORDER NO.:12207873-993-SD2-CFU EXHIBIT A (Continued) 24°07'36"EAST,913.18 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 4050.00 FEET;THENCE SOUTHEASTERLY 348.89 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°56'09"; THENCE SOUTH 19°1127" EAST,15.63 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 5216.55 FEET; THENCE SOUTHEASTERLY 900.29 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°53'18"; THENCE LEAVING SAID EASTERLY LINE OF CARLSBAD BOULEVARD SOUTH 60°43'42" WEST,100.00 FEET TO POINT "A" BEING ON THE WESTERLY LINE OF SAID CARLSBAD BOULEVARD,SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 5316.55 FEET,A RADIAL TO SAID POINT BEARS SOUTH 60°55'02"WEST;THENCE NORTHWESTERLY 917.89 FEET ALONG SAID CURVE AND SAID WESTERLY LINE OF CARLSBAD BOULEVARD THROUGH A CENTRAL ANGLE OF 09°53'31"; THENCE NORTH 19°11'27"WEST,15.63 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 3950.00 FEET; THENCE NORTHWESTERLY 340.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°56'09"; THENCE NORTH 24°07'36"WEST,616.20 FEET TO POINT "B"; THENCE CONTINUING NORTH 24°07'36" WEST,1159.00 FEET;THENCE LEAVING SAID WESTERLY LINE NORTH 65°52'24" EAST,50.00 FEET TO A POINT ON THE CENTERLINE OF CARLSBAD BOULEVARD,SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 5000.00 FEET; A RADIAL TO SAID POINT OF BEGINNING BEARS NORTH 65°52'24" EAST; THENCE NORTHWESTERLY 1061.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°09'38"; THENCE LEAVING SAID CENTERLINE SOUTH 53°42'46" WEST 50.00 FEET TO SAID WESTERLY LINE OF CARLSBAD BOULEVARD; THENCE ALONG SAID WESTERLY LINE NORTH 36°17'14"WEST 393.94 FEET TO POINT "C";THENCE CONTINUING NORTH 36°17'14"WEST 342.48 FEET TO POINT "D"BEING THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID RECORD OF SURVEY NO.14621;THENCE LEAVING SAID WESTERLY LINE OF CARLSBAD BOULEVARD AND ALONG SAID NORTHWESTERLY PROLONGATION AND SAID SOUTHWESTERLY LINE fralt% SOUTH 77°27'18" EAST, 999.25 FEET; THENCE SOUTH 30°11'52" EAST, 237.60 FEET; THENCE SOUTH 76°09'49"Nue EAST, 931.75 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID LOT H DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF MAP NO. 3052 RECORDED FEBRUARY 4,1951 AS FILE NO. 14672; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 67°44'53" WEST TO THE MEAN HIGH TIDE LINE; THENCE NORTHERLY ALONG SAID MEAN HIGH TIDE LINE TO A LINE THAT BEARS SOUTH 65°52'24" WEST FROM SAID POINT "B"; THENCE NORTH 65°52'24"EAST TO SAID POINT "B"; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF CARLSBAD BOULEVARD TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID LOT H DESCRIBED AS FOLLOWS; BEGINNING AT SAID POINT "C"; THENCE SOUTH 53°42'46" WEST TO THE MEAN HIGH TIDE LINE; THENCE NORTHERLY ALONG SAID MEAN HIGH TIDE LINE TO A LINE THAT BEARS SOUTH 30°06'00" WEST FROM CORNER NO.1 OF SAID RANCHO AGUA HEDIONDA; THENCE NORTH 30°06'00" EAST TO SAID COMER NO.1; THENCE SOUTH 77°27'18"EAST,16.27 FEET TO SAID POINT "D";THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF CARLSBAD BOULEVARD TO THE POINT OF BEGINNING. Ago.. CLTA Preliminary Report Form —Modified (11/17/06)Page 4 0.10.01.101110.01•1. se."41% PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:APN: 210-010-45 ORDER NO.:12207873-993-SD2-CFU EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A.Taxes not assessed. B.The lien of supplemental or escaped assessments of property taxes,if any,made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3,Articles 3 and 4, respectively,ofthe Revenue and Taxation Code ofthe State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1.Any adverse claim,as to the property described in Schedule A, based upon the assertion that: a) Some portion of said land has been created by artificial means, or had accreted to such portions so created. b) Some portion ofsaid land has been brought within the boundaries thereof by a evulsive movement of the Pacific Ocean and/or Agua Hedionda Lagoon, or has been formed by accretion to any such portion. Rights and easements for navigation and fishery which may exist over that portion of said land lying beneath the waters ofthe Pacific Ocean and/or Agua Hedionda Lagoon. 2.Any rights in favor of the public which may exist on said land for parking, beach, or recreational uses, and public protection, erosion control and the public rights ofcommerce navigation and fishery. 3.An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:.San Diego Water Supply Company Purpose:.public highway Recorded:.August 30, 1935 in Book 432, page 60 of Official Records Affects:.The route thereof affects a portion of said land and is more fully described in said document. Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof 4.An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:.W. D. Cannon, an unmarried man, et al Purpose:.road and pipeline • Recorded:.October 8,1948 in Book 2974, page 493.of Official Records Affects:.The route thereof affects a portion of said land and is more fully described in said document. Said easement has been conveyed and/or reserved in various other instruments ofrecord 5.The right to inundate that portion ofsaid land adjoining the swamp and overflow land known as the Lagoon Bed, up to an elevation of 10 feet above the mean high tide line ofthe Pacific Ocean,as reserved by Grace Kathryn Burden in deed dated September 30,1948 and recorded October 8,1948 and as reserved by Grover C. Jacobsen, Grace Oakes Jacobsen and Gail Francis Latham, in deed dated September 30, 1948 and recorded October 8. 1948 in Book 2974, page 496 and in Book 2975, page 1,respectively of Official Records. Reserving from said grant easement and right of way for ingress and egress for road and public utility purposes and the right to inundate a portion thereof as described in said document. CLTA Preliminary Report Form —Modified (11/17/06)Page 5 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:APN: 210-010-45 ORDER NO.:12207873-993-SD2-CFU EXCEPTIONS (Continued) 6.The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been severed from said land by the document. Recorded:.May 2,1952 in Book 4456, page 192,of Official Records and by deed recorded May 18, 1953 in Book 4858. page 320,of Official Records, by deed recorded March 20,1969 as File No. 48604,of Official Records Affects:.Said land adjacent 7.The effect of any failure to comply with the terms, covenants and provisions of a lease to which reference is hereby made for full particulars. Described as Lease P. R. C. 791.1 dated April 21,1953, from the State of California, acting through the State Lands Commission,as Lessor, to San Diego Gas and Electric Company,as Lessee,as amended by the amendments of Lease P. R. C. 791.1 dated March 24,1972, June 28,1973, September 13, 1978, July 1,1980 and March 24,1981, between the State of California,acting through the State Lands Commission and San Diego Gas and Electric Company, whereunder the State of California Leased to San Diego Gas and Electric Company an area of tide and submerged land near the City of Carlsbad in San Diego County for the installation,maintenance and use of a submarine pipeline transporting fuel oil and for a offshore marine terminal with fuel loading and unloading facilities for oil tankers.The effect of the failure by San Diego Gas and Electric Company to obtain the consent of the State Lands Commission. Various disclosures in that certain Lease Assignment and Assumption Agreement (Encina Power Plant) (Unrecorded ANN Leases) recorded May 21, 1999 as File No. 1999-0347264,of Official Records.Neir. 8.The fact that the ownership of the land herein described does not include the right of ingress to or egress from that certain parcel of land granted to the State of California by deed from San Diego Gas and Electric Company,a corporation dated December 29,1952 recorded May 18,1953 in Book 4858, page 320,of Official Records, said rights having been relinquished by said deed,excepting and reserving to the owners of the abutting lands and successors or assigns, the right to pass to and from the said lands upon surface of the waters of Aqua Hendionda Slough, under and beneath the freeway bridge located at approximately engineer's station 386 plus 45 and crossing said Slough. 9.A revocable licensed dated April 2,1963 executed by and between San Diego Gas and Electric Company,a California corporation and Pirates Cove Inc.,a California corporation to use and maintain a channel and a rock breakwater together with the right to dredge and re-dredge the channel, subject to the terms and conditions therein, recorded April 18,1963 as File No. 66929,of Official Records. Reference is hereby made to said document for full particulars. Revocable License between SDG&E and Pirate's Cove,Inc.,dated April 2,1963 for channel dredging and construction of breakwater in connection with the Shelter Cove marina development, disclosed by Assignment and Assumption Agreement, recorded November 25, 2003 as File No. 2003-1411265,of Official Records. 10.An easement for the purpose shown below and rights incidental thereto as set forth in a document. CLTA Preliminary Report Form -Modified (11/17/06)Page 6 0.1**11.11 ..1.10.01101111011.11.1 Weatablel....111 OM%"'Nis 1/41119 ••4101f PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:MN:210-010-45 ORDER NO.:12207873-993-SD2-CFU EXCEPTIONS (Continued) Granted To:.The Vista Sanitation District and the City of Carlsbad Purpose:.sewer pumping station, sewer pipeline, manholes and road purposes Recorded:.June 24, 1964 as File No. 113886,of Official Records Affects:.The route thereof affects a portion of said land and is more fully described in said document. A portion of said easement was eliminated by Easement/Quitclaim Deed recorded July 16, 2014 as Instrument No. 2014-0296137 of Official Records 11.An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:.Janss Corporation, a Delaware corporation Purpose:.A breakwater structure,a channel, trench ditch or other depression in the surface of the earth and an easement for ingress and egress over the waters ofthe upper lagoon Recorded:.June 8,1965 as File No. 102193,of Official Records Affects:.The exact location and extent ofsaid easement is not disclosed ofrecord 12.An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:.The State of California Purpose:.public recreational use Recorded:.November 16,1976 as File No. 76-383604,of Official Records Affects:.The route thereof affects a portion of said land and is more fully described in said document. 13.The effect of ay failure to comply with the terms, covenants and provisions ofthe agreements listed herein below: The fact that ingress and egress between parcels described herein is not unlimited, but rather, due to the bisecting of parcels by railroad tracks, certain areas are limited to ingress and egress as set forth in the following: a)That certain "Agreement for Private or Farm Crossing" dated February 24,1971 by and between the Atchison, Topeka and Santa Fe Railway Company,a Delaware corporation,and San Diego Gas and Electric Company,a California corporation. b) That certain "Pipeline License" dated March 1,1971 by and between the Atchison, Topeka and Santa Fe Railway Company,a Delaware corporation,and San Diego Gas and Electric Company,a California corporation,which license grants the right to construct and maintain a tunnel, pipe and pedestrian walkway and various sizes of pipe carrier pipe; c)That certain agreement dated October 30,1953 by and between the Atchison, Topeka and Santa Fe Railway Company,a Delaware corporation and San Diego Gas and Electric Company,a California corporation,and supplement thereto dated January 1,1972 wherein the Santa Fe agreed to construct, operate and maintain a track aggregating 1814.3 feet to serve an electric generating plant. Reference is hereby made to said document for full particulars. 14.An easement for the purpose shown below and rights incidental thereto as set forth in a document. CLTA Preliminary Report Form —Modified (11/17/06)Page 7 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:APN: 210-010-45 ORDER NO.:12207873-993-SD2-CFU EXCEPTIONS (Continued) Granted To:.The City of Carlsbad, a municipal corporation Purpose:.storm drainage purposes Recorded:.February 25. 1986 as File No. 86-072936,of Official Records Affects:.The route thereof affects a portion of said land and is more fully described in said document. 15.An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:.The City of Carlsbad, a municipal corporation Purpose:.slope and retaining wall purposes Recorded:.May 13,1988 as File No. 88-226631,of Official Records Affects:.The route thereof affects a portion of said land and is more fully described in said document. 16.An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:.The City ofCarlsbad, a municipal corporation Purpose:.shore protection purposes Recorded:.October 8,1991 as File No.1991-0519749.of Official Records Affects:.The route thereof affects a portion of said land and is more fully described in said document. 17.Covenants, conditions and restrictions in an instrument recorded October 21,1992 as File No.1992-0670805,of Official Records. 18.Covenants, conditions and restrictions in an instrument recorded July 1,1994 as File No.1994-0418865,of Official Records. 19.An instrument entitled "Offer to Dedicate Public Access Easement and Declaration of Restrictions" recorded July L. 1994 as File No. 1994-0418867.of Official Records. Note:Certificate ofAcceptance recorded May 3, 2007 as File No. 2007-0303186 of Official Records. 20.An instrument entitled "Notice of Restriction on Real Property"recorded October 9.1995 as File No.1995- 0453332,of Official Records. 21.Any adverse claim,as to the property described in Schedule A, based upon the assertion that: a) Some portion of said land has been created by artificial means, or had accreted to such portions so created. b) Some portion of said land has been brought within the boundaries thereof by a evulsive movement of the Pacific Ocean and/or Agua Hedionda Lagoon, or has been formed by accretion to any such portion. Rights and easements for navigation and fishery which may exist over that portion of said land lying beneath the waters ofthe Pacific Ocean and/or Agua Hedionda Lagoon. 22.Any rights in favor of the public which may exist on said land for parking, beach, or recreational uses,and public protection, erosion control and the public rights ofcommerce navigation and fishery. AfgeN 23.An Unrecorded Lease with certain terms, covenants and provisions set forth therein ""r'` CLTA Preliminary Report Form —Modified (11/17/06)Page 8 aaa1411111.611 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:APN: 210-010-45 ORDER NO.:12207873-993-SD2-CFU **0.0 EXCEPTIONS (Continued) Lessor:.San Diego Gas and Electric Company Lessee:.City of Carlsbad Disclosed by:.Unrecorded Agreement for Recreation, Sporting, Fishing and other purposes Dated:.March 4, 1957 Said Lease was amended by Agreement dated April 1,1962 and by a second amendment Agreement dated November 22, 1995. A sublease disclosed by unrecorded Agreement dated July 1,1980 by and between the City of Carlsbad and Snug Harbor Marina,as disclosed by Memorandum of Partial Assignment Agreement recorded November 25, 2003 as File No. 2003-1411266,of Official Records. 24.An Unrecorded Lease with certain terms, covenants and provisions set forth therein Lessor:.San Diego Gas and Electric Company Lessee:.The Pacific Telephone and Telegraph Company Disclosed by:.Unrecorded License Agreement for the right to construct, maintain,use,operate, repair, replace or remove a line of poles, together with the right ofingress and egress Dated:.August 5,1957 25.An Agreement to which reference is hereby made for full particulars Dated:.September 17, 1968 By and Between:.Allan 0. Kelly and San Diego Gas and Electric Company Regarding:.Acquisition of easement and other matters as described in said agreement, including the right to dredge, redredge and remove spoil Reference is hereby made to said document for full particulars. 26.An Unrecorded License with certain terms, covenants and provisions set forth therein Licensor:.San Diego Gas and Electric Company Licensee:.SFW Inc.,a California corporation Disclosed by:.Unrecorded License Agreement for the temporary storage ofoysters, clams, scallops, and mussels,spiny lobsters,and green abalone and the mooring and/or anchorage of the vessels used in the business together with the right to access Dated:.January 1,1991 and amended October, 1992 and amended October 13, 1992 Reference is hereby made to said document for full particulars. 27.An Unrecorded License with certain terms, covenants and provisions set forth therein Licensor:.San Diego Gas and Electric Company Licensee:.Hubbs-Seas World Research Institute Disclosed by:.Unrecorded License Agreement for a research site Dated:.April 9, 1993 Reference is hereby made to said document for full particulars. 28.An Unrecorded License with certain terms, covenants and provisions set forth therein CLTA Preliminary Report Form —Modified (11/17/06)Page 9 ,01.6t PRELIMINARY REPORT Chicago Title Company OW*,YOUR REFERENCE:APN: 210-010-45 ORDER NO.:12207873-993-SD2-CFU EXCEPTIONS (Continued) Licensor:.San Diego Gas and Electric Company Licensee:.The County of San Diego Disclosed by:.Unrecorded License Agreement Dated:.August 20, 1996 Reference is hereby made to said document for full particulars. 29.The effect of the failure to comply with the terms, covenants and conditions or provisions set forth in the unrecorded lease by and between Lessor:.State ofCalifornia Lessee:.San Diego Gas and Electric Company Disclosed by:.State Land Lease for cooling water discharge channel Dated:.July 8,1989 30.The effect of the failure to comply with the terms, covenants and conditions or provisions set forth in the unrecorded lease by and between Lessor:.State ofCalifornia Lessee:.San Diego Gas and Electric Company Disclosed by:.State Land for deposition ofdredge spoils Dated:.July 1,1994 31.The effect of the failure to comply with the terms, covenants and provisions of the license Licensor:.The Atchison, Topeka and Santa Fe Railway Company,a Delaware corporation,as to the 1977 Agreement and North San Diego County Transit Development Board,as to the 1999 Agreement Licensee:.San Diego Gas and Electric Company Disclosed by:.License NO.1050/AG-16605 dated as of July 12,1977 and amended by an unrecorded "Railroad Right of Way License" Dated:.March 31, 1999 32.The effect of any failure to comply with the terms, covenants, and provisions ofan unrecorded Agreement to which reference is hereby made for full particulars Dated:.March 31, 1999 By and Between:.North San Diego County Transit Development Board and San Diego Gas and Electric Company Disclosed by:.Combined license, cost and maintenance agreement for the Encinas Power Plant Private Railroad Crossing Regarding:.Rail Reference is hereby made to said document for full particulars. 33.A document entitled "Assignment of Easements", dated, May 20,1999,executed by San Diego Gas and Electric Company, et al, subject to all the terms, provisions and conditions therein contained, recorded May 21. 1999 as File No. 1999-0347263,of Official Records. 4,4Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form —Modified (11/17/06)Page 10 Soft.' PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:APN: 210-010-45 ORDER NO.:12207873-993-SD2-CFU EXCEPTIONS (Continued) 34.Various disclosures in that certain Lease Assignment and Assumption Agreement (Encina Power Plant) (Unrecorded Leases) recorded May 21. 1999 as File No. 1999-0347264,of Official Records. Reference is hereby made to said document for full particulars. 35.A document entitled "Assignment and Assumption Agreement (Lease Documents)(Unrecorded Lease Documents)", dated, May 20, 1999, executed by San Diego Gas and Electric Company and Cabrillo Power I LLC,a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded May 21, 1999 as File No. 1999-0347265,of Official Records. Reference is hereby made to said document for full particulars. 36.A document entitled "Easement and Covenant Agreement", dated, May 20,1999, executed by San Diego Gas and Electric Company,a California corporation and Cabrillo I LLC,a Delaware limited liability company, subject to all the terms,provisions and conditions therein contained,recorded May 21,1999 as File No.1999-0347267,of Official Records. 37.A document entitled "Memorandum of Agreement (Encina Power Plant)",dated,May 20,1999,executed by Cabrillo Power I LLC,a Delaware limited liability company and San Diego Gas and Electric Company, subject to all the terms, provisions and conditions therein contained, recorded May 21,1999 as File No.1999-0347268,of Official Records. 38.A document entitled "Memorandum of License Agreement", dated, May 20,1999,executed by Cabrillo Power I LLC,a Delaware limited liability company and San Diego Gas and Electric Company, subject to all the terms, provisions and conditions therein contained, recorded May 21, 1999 as File No. 1999-0347270.of Official Records. 39.A document entitled "Memorandum of License Agreement", dated, May 20, 1999, executed by San Diego Gas and Electric Company,a corporation and Cabrillo Power II, LLC,a Delaware limited liability company, subject to all the terms,provisions and conditions therein contained,recorded May 21,1999 as File No.1999-0347277,of Official Records. 40.A document entitled "Memorandum of Agreement", dated, May 20, 1999, executed by Cabrillo II LLC,a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded May 21, 1999 as File No. 1999-0347278,of Official Records. 41.A Certificate of Compliance Dated:.October 29, 2001 Executed by:.The City ofCarlsbad Compliance No.:.ADJ 00-10-10, Parcel 3 Recorded:.October 30, 2001 as File No. 2001-0789067.of Official Records 42.Various matters disclosed on Record ofSurvey Map No.17350, recorded April 12, 2002 as File No. 2002-0308152. of Official Records. 43.An Unrecorded Lease affecting the premises herein described, executed by and between the parties herein named, with certain terms, covenants, conditions and provisions set forth therein. CLTA Preliminary Report Form —Modified (11/17/06)Page 11 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:APN: 210-010-45 ORDER NO.:12207873-993-SD2-CFU EXCEPTIONS (Continued) Lessor:.Cabrillo Power I, LLC,a Delaware limited liability company Lessee:.Poseidon Resources (Channelside) LLC,a Delaware limited liability company Disclosed by:.Short Form ofGround Lease and Easement Agreement Recorded:.July 18, 2003 as File No. 2003-0855354.of Official Records The present ownership of the Leasehold created by said Lease and other matters affecting the interest ofthe Lessee are not shown herein. Short Form of Amended and Restated Ground Lease and Easement Agreement Recorded:.October 28, 2009 as File No. 2009-0597945 of Official Records Short Form of Second Amended and Restated Ground Lease and Easement Agreement Recorded:.December 24, 2012 as File No. 2012-0809223 of Official Records 44.A document entitled "Easement Agreement", dated, November 25, 2003, executed by San Diego Gas and Electric Company, a California corporation and Cabrillo Power I LLC,a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded November 25, 2003 as File No. 2003 -1411267,of Official Records. 45.A document entitled "Open Space Deed Restriction",dated,June 20,2005,executed by The California Coastal ,40411Commission, et al, subject to all the terms, provisions and conditions therein contained, recorded June 27, 2005 as File No. 2005-0538090.of Official Records. 46.A document entitled "Notice ofRestriction on Real Property", executed by City ofCarlsbad, subject to all the terms, provisions and conditions therein contained, recorded December 20,2006 as File No. 2006-0902694 of Official Records. Affects Parcel 210-010-43 SUP 06-10 Agua Hedionda Outer Lagoon Maintenance 47.A document entitled "Notice of Restriction on Real Property", executed by City of Carlsbad, subject to all the terms, provisions and conditions therein contained,recorded December 20,2006 as File No.2006-0902695 of Official Records. Affects Parcel 210-010-043 CUP 06-12 County of San Diego Sheriff's Department Encina 48.A document entitled "Notice of Restriction on Real Property", executed by City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded April 9, 2009 as File No. 2009-0180835 of Official Records. Affects Parcel 210-010-43 SA 09-01 Media Flo Satellite 49.A document entitled "Deed and Lease Restriction", dated, August 25, 2009, executed by Poseidon Resources, LLC, subject to all the terms, provisions and conditions therein contained, recorded October 28, 2009 as File No. 2009- 0597946 of Official Records. Said matters affects that portion ofthe land described on Exhibit B to said Instrument. CLTA Preliminary Report Form —Modified (11/17/06)Page 12 •INO 01111610111.1.1111011.•NNW 0110.c 141140.‘.410i PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:APN: 210-010-45 ORDER NO.:12207873-993-SD2-CFU EXCEPTIONS (Continued) 50.A document entitled "Amended and Restated Development Agreement",executed by City of Carlsbad and Poseidon,subject to all the terms, provisions and conditions therein contained, recorded October 30, 2009 as File No. 2009-0605539 of Official Records. Said matters affects that portion ofthe land described on Exhibit A to said Instrument. 51.A document subject to all the terms, provisions and conditions therein contained. Entitled:Notice ofRestriction on Real Property Recorded:October 18, 2012 as File No. 2012-0640581, Official Records Reference is hereby made to said document for full particulars. 52.A deed oftrust to secure an indebtedness in the amount shown below, Amount:$5,575,000,000.00 Dated:April 17, 2013 Trustor/Grantor Cabrillo Power 1 LLC,a Delaware limited liability company Trustee:Chicago Title Company,a California corporation Beneficiary:Deutsche Bank Trust Company Recording Date:September 6, 2013 Recording No:2013-0552982 of Official Records As modified by Modification of Deed of Trust,Assignment of Rents and Leases,Fixtures Filing,Financing Statement and Security Agreement,recorded September 6,2013 as Instrument No.2013-552983 of Official Records 53.A deed oftrust to secure an indebtedness in the amount shown below, Amount:$5,575,000,000.00 Dated:April 17, 2013 Trustor/Grantor Cabrillo Power 1 LLC,a Delaware limited liability company Trustee:Chicago Title Company,a California corporation Beneficiary:Deutsche Bank Trust Company Recording Date:September 6, 2013 Recording No:2013-0552984 of Official Records As modified by Modification of Deed of Trust,Assignment of Rents and Leases,Fixtures Filing,Financing Statement and Security Agreement,recorded September 6.2013 as Instrument No.2013-552985 of Official Records 54.Rights ofthe following tenants,as tenants only, under unrecorded leases: -Sprint/Nextel -County of San Diego Sheriff -Hubbs Seaworld Research LLC -Poseidon Resources LLC -YMCA of San Diego County -Carlsbad Aqua Farms Inc. CLTA Preliminary Report Form —Modified (11/17/06)Page 13 *wool PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:APN: 210-010-45 ORDER NO.:12207873-993-SD2-CFU EXCEPTIONS (Continued) 55.Matters contained in that certain document Entitled:Memorandum ofEasement Agreement Recording Date:April 28, 2014 Recording No:2014-0167957 of Official Records 56.Matters contained in that certain document Entitled:Sewer Easement Agreement Recording Date:July 22 2014 Recording No:2014-0306554 of Official Records Reference is hereby made to said document for full particulars. 57.Water rights, claims or title to water, whether or not disclosed by the public records. 58.Matters which may be disclosed by an inspection and/or by a correct ALTAINSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry ofthe parties in possession thereof. 59.Any rights of the parties in possession of a portion of, or all of,said Land, which rights are not disclosed by the public records. The Company will require,for review,a full and complete copy of any unrecorded agreement,contract,license AleraiN and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title %we insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS oneb, CLTA Preliminary Report Form —Modified (11/17/06)Page 14 Air No..•11111111MINNOMMININ 1161100011orrooliga .10 NO1 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:APN: 210-010-45 ORDER NO.:12207873-993-SD2-CFU REQUIREMENTS SECTION 1.The Company will require the following documents for review prior to the issuance ofany title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company:CABRILLO POWER I LLC,a Delaware limited liability company a)A copy of its operating agreement,if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b)If a domestic Limited Liability Company,a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c)Ifthe Limited Liability Company is member-managed,a full and complete current list of members certified by the appropriate manager or member d)If the Limited Liability Company was formed in a foreign jurisdiction,evidence,satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin e)If less than all members, or managers,as appropriate,will be executing the closing documents,furnish evidence of the authority ofthose signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF REQUIREMENTS CLTA Preliminary Report Form —Modified (11/17/06)Page 15 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:APN: 210-010-45 ORDER NO.:12207873-993-SD2-CFU INFORMATIONAL NOTES SECTION 1.None ofthe items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 2.The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as APN: 210-010-45, located within the city of Carlsbad,California„to an Extended Coverage Loan Policy. 3.Note:The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation.Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. END OF INFORMATIONAL NOTES Ken Cyr &Mark Franklin/rp Ask A/0%N CLTA Preliminary Report Form —Modified (11/17/06)Page 16 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF", "our" or "we"), we value the privacy of our customers. This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information.A summary of our privacy practices is below.We also encourage you to read the complete Privacy Notice following the summary. Types of Information Collected. You may provide us with How Information is Collected. We may collect personal certain personal information, like your contact information,information directly from you from applications, forms, or social security number (SSN),driver's license,other communications we receive from you,or from other government ID numbers, and/or financial information. We sources on your behalf, in connection with our provision of may also receive information from your Internet browser,products or services to you. We may also collect browsing computer and/or mobile device.information from your Internet browser, computer, mobile device or similar equipment. 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The California Online Privacy Protection Act.Certain International Use.By providing us with your information, FNF websites collect information on behalf of mortgage you consent to the transfer, processing and storage of such loan servicers.The mortgage loan servicer is responsible information outside your country of residence,as well as for taking action or making changes to any consumer the fact that we will handle such information consistent information submitted through those websites.with this Privacy Notice. Your Consent To This Privacy Notice.By submitting Contact FNF.If you have questions or wish to contact us information to us and using our websites, you are accepting regarding this Privacy Notice,please use the contact and agreeing to the terms ofthis Privacy Notice.information provided at the end ofthis Privacy Notice. FNF Privacy Notice Effective:April 1,2016 "•••••, FIDELITY NATIONAL FINANCIAL, INC. 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You may opt out of receiving consumer information submitted through this website.For communications from us about our products and/or services.example,if you believe that your payment or user Security And Retention Of Information information is incorrect,you must contact your mortgage FNF is committed to protecting the information you share with loan servicer. us and utilizes a combination of security technologies,CCN does not share consumer information with third parties, procedures and safeguards to help protect it from unauthorized other than those with which the mortgage loan servicer has access,use and/or disclosure.FNF trains its employees on contracted to interface with the CCN application.All sections of privacy practices and on FNF's privacy and information security this Privacy Notice apply to your interaction with CCN, except policies.FNF works hard to retain information related to you for the sections titled Choices with Your Information, and Access only as long as reasonably necessary for business and/or legal and Correction.If you have questions regarding the choices you purposes.have with regard to your personal information or how to access or correct your personal information, contact your mortgage loanInformation From Children servicer. The Website is meant for adults. The Website is not intended or designed to attract children under the age ofthirteen (13). We do Access and Correction not collect Personal Information from any person that we know To access your Personal Information in the possession of FNF to be under the age of thirteen (13) without permission from a and correct any inaccuracies,please contact us by email at parent or guardian.privacy@fnf.com or by mail at: Privacy Outside the Website Fidelity National Financial, Inc. The Website may contain links to other websites, including links 601 Riverside Avenue to websites of third party service providers.FNF is not and Jacksonville, Florida 32204 cannot be responsible for the privacy practices or the content of Attn: Chief Privacy Officer any ofthose other websites.Your Consent To This Privacy Notice International Users By submitting Personal Information and/or Browsing Because FNF's headquarters is located in the United States,we Information to FNF,you consent to the collection and use of may transfer your Personal Information and/or Browsing information by FNF in compliance with this Privacy Notice. 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Fidelity National Financial, Inc. such as the Customer CareNet ("CCN"), FNF is acting as a third All Rights Reserved. party service provider to a mortgage loan servicer.In those EFFECTIVE AS OF APRIL 1,2016 FNF Privacy Notice Effective:April 1,2016 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial,Inc.and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions,a preliminary report or commitment.Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative.These discounts are generally described below; consult the rate manual for a full description ofthe terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company FNF Underwriter CTC -Chicago Title Company CTIC -Chicago Title Insurance Company Available Discounts CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date ofthe report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months ofthe date of a declaration of a disaster area by the government ofthe United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster,will be 50%ofthe appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said Amikt! charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70%of the appropriate title insurance rate,'41101 depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50%of the appropriate title insurance rate, depending on the type ofcoverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement)of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom,as a party to the transaction. iota." ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY —1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: L (a)Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating,prohibiting or relating (i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien,or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPolicy. (b)Any governmental police power not excluded by (a) above, except to the extent that a notice ofthe exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2.Rights ofeminent domain unless notice ofthe 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 ofPolicy, 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 ofPolicy; or (e)resulting in loss or damage which would not have been sustained ifthe insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4.Unenforceability ofthe lien ofthe insured mortgage because ofthe inability or failure ofthe insured at Date of Policy, or the inability or failureofany subsequent owner ofthe indebtedness, to comply with the applicable doing business laws ofthe state in which the land is situated. 5.Invalidity or unenforceability ofthe 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 ofthe transaction vesting in the insured the estate ofinterest insured by this policy or the transaction creating the interest ofthe insured lender, by reason ofthe operation offederal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records ofsuch 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 ofthe land or which may be asserted by persons in possession thereof. 3.Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5.(a) Unpatented mining claims;(b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6.Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE 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 ofthose portions ofany law or government regulation concerning: a.building; b.zoning; c.land use; d.improvements on the Land; e.land division; and f.environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15,16,18, 19, 20, 23 or 27. 2.The failure ofYour existing structures, or any part ofthem, to be constructed in accordance with applicable building codes.This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3.The right to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17. 4,Risks: a.that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b.that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One (6-5-14) CA & NV "INN Armfts c.that result in no loss to You; or Amokd.that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5.Failure to pay value for Your Title. 6.Lack ofa right: a.to any land outside the area specifically described and referred to in paragraph 3 ofSchedule A;and b.in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: •For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Your Deductible Amount Limit of Liability 1.00%%ofPolicy Amount Shown in Schedule A or Covered Risk 16:$2,500.00 (whichever is less)$ 10,000.00 1.00%%ofPolicy Amount Shown in Schedule A or Covered Risk 18:$5,000.00 (whichever is less)$ 25,000.00 1.00%ofPolicy Amount Shown in Schedule A or Covered Risk 19:$5,000.00 (whichever is less)$ 25,000.00 1.00%ofPolicy Amount Shown in Schedule A or Covered Risk 21:$2,500.00 (whichever is less)$5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees,AIN or expenses that arise by reason of: 1.(a)Any law,ordinance,permit,or governmental regulation (including those relating to building and zoning)restricting,regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment ofthe Land; (ii)the character, dimensions, or location ofany 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 ofeminent 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 ofPolicy (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 ifthe Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability ofthe lien ofthe Insured Mortgage because ofthe inability or failure of an Insured to comply with applicable doing-business laws ofthe state where the Land is situated. 5.Invalidity or unenforceability in whole or in part ofthe lien ofthe Insured Mortgage that arises out ofthe 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 ofthe operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien ofthe 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)ofthis 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 ofrecording ofthe Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage,omits the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One (6-5-14) CA & NV (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records ofsuch 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 ofthe Land or that may be asserted by persons in possession ofthe 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 ofthe Land and not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I ofthis Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien ofthe Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law,ordinance,permit,or governmental regulation (including those relating to building and zoning)restricting,regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment ofthe 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 ofeminent 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 ofPolicy, 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 9 and 10); or (e)resulting in loss or damage that would not have been sustained ifthe 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 ofthis policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date ofPolicy and the date ofrecording ofthe deed or other instrumentoftransfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records ofsuch agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection ofthe 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 ofthe Land and that are not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records. 7.(Variable exceptions such as taxes, easements,CC&R's,etc. shown here.) Attachment One (6-5-14) CA & NV ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13)Am% EXCLUSIONS FROM COVERAGE. The following matters are expressly excluded from the coverage ofthis 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 ofthe Land; (ii)the character, dimensions, or location ofany improvement erected on the Land; (iii)the subdivision ofland; 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 ofeminent 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 ofPolicy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17,18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e)resulting in loss or damage that would not have been sustained ifthe Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability ofthe lien ofthe Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws ofthe 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 ofthe 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 '4111‘ 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. 9.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien ofthe Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 27(b)ofthis policy. 10.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. "isms Attachment One (6-5-14) CA & NV .109 210-01 'saki.*W i 5 i i .:v [nourroamonoullIIIIII SHT 1 OF 2 cci3 _4 •:l4 LSPEIFECIEICIOEJE3NEINI MMMMMNIma €i !n lijUIctrEETUff710111111111 =a--t..4 .a5us iL.Fp 11 clETETEEOMM:k011111111 T4::::::=1.ge oat -'frieltumiliIIIIIIIIIIIII :;t:.-.i)12 ..5 ----4-.....,•ISiffranTs Aar;I -ii.gatg A-...„... 11!i 4, ''',sew .t.--- t9&,,.„ r.Z 'Enn V1 ?: .actl:*:: ''5°. g li 251 ^- Ftl.,,,,,...--- -..zr ...at HWY _5 _xi so _•00.*$ .12 ti ©k 470 i......::..--A .?•.e n'n"C-4 r 121 /0 3 :PATH SBE SOP 1108 S3.1 41 L 5 W S ; I 1.Ley ...• 1 a!!1_.24 El is ..io b 0 '- !too?) r________s isi.z ,.1.....,..asmocor.0 I ;8 g.v )RC.-0 0.( i ISO AC F I q f o i i Exi PAR 7/.SSE IMP 004-39-1 k ;mnTran:7 SHT 2 L,„__AVENIDAI•ENGINAS :DIV 5 0'70MIi"gI 1 i. - .---"----Illt0n177nr r .a :sone ass r r '1-5 `Ie EraWS .sof sewn /or El)7 R 7 g i coo , ..Illf ®I MI7a r in."-not Ners _0 11 E.g 721 ID t0 it" 4 V •Es 5 sr 5 sr ws 1.ARBOROL e;!11 BAFIE...2 POR PAR 2 SHE PIAP11C047 l r "141-31-in L ./.i i ;PORP/JUSBEMAP110.371 ,.....s... g e 11;i 4,4 -0 e .CT)/Ac r Sgel was aLnos I r- LOS I !I 1 24 in .' 1"4%1 •e.•g 8 41 .5..V -,d. n.---.---—CARLSBAO---BLVD "'SS—LL _/(STATE HWY 1011 r 3D 2d,55.„„ 1 0 •.../•••o1.lit ISig:12:2211titICf 4.412 4c -0 E3.2-soil :8`,.)a /:r"..,..„.*110 ......:..... i :HS •n'a"4 NIGH vavo.wa.MAP B23 - 142 Agit? H HmEUI2e01103Ai#4 i•ROS 1806,16154,1619216418,16546,1735Qia4n°94 PACIFIC OCEAN Z 20809a® ....-....... '......,*ir. Chicago Title Company *........, 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone:(619) 521-3500 •Fax:(619) 521-3608 Issuing Policies ofChicago Title Insurance Company ORDER NO.:12207873-993-SD2-CFU Escrow/Customer Phone:(619) 521-3500 Padre Associates, Inc. 1861 Knoll Drive Title Officer:Ken Cyr & Mark Franklin Ventura, CA 93003 Title Officer Phone:(619) 521-3555 ATTN:Donna M. Hebert Title Officer Fax:(619) 521-3608 Email:dhebert@padreinc.com Title Officer Email:eyr-franklingett.com Ref:APN: 210-010-45 PROPERTY:APN: 210-010-45, CARLSBAD, CA PRELIMINARY REPORT In response to the applicationfor apolicy of title insurance referenced herein, Chicago Title Company hereby reports that it isprepared to issue,or cause to be issued, as ofthe date hereof a policy or policies oftitle insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason ofany defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions ofsaid policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks ofsaid policy or policies are set forth in Attachment One.The policy to be issued may contain an arbitration clause.When the Amount ofInsurance is less than that setforth in the arbitration clause,all arbitrable matters shall be arbitrated at the option ofeither the Company or the Insured as the exclusive remedy of the parties.Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liabilityfor certain coverages are also set forth in Attachment One.Copies ofthe policy forms should be read.They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solelyfor the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby.Ifit is desired that liability be assumedprior to the issuance ofa policy of title insurance, a Binder or Commitment should be requested. The policy(s)of title insurance to be issued hereunder will be policy(s)of Chicago Title Insurance Company,a Nebraska Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions setforth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice ofmatters which are not covered under the terms ofthe title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company et . tirkit. 44.);..'nest Raney°wk. Pruidad By: ;:-;?‘..." --"--------. /(--------..Authorized Signature Michael&wokSeaway w. CLTA Preliminary Report Form —Modified (11/17/06)Page 1 eft.,0.04. ,...) 0 Chicago Title Company ....N 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone:(619) 521-3500 •Fax:(619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE:June 17, 2016 at 7:30 a.m. ORDER NO.:12207873-993-SD2-CFU The form of policy or policies of title insurance contemplated by this report is: A Preliminary Report Only I.THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2.TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CABRILLO POWER I LLC,a Delaware limited liability company odnik 3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:‘Notti See Exhibit A attached hereto and made a part hereof. Agiiibt ,..i. CLTA Preliminary Report Form—Modified (11/17/06)Page 2