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SUP 2018-0008; MACINNES DOCK IMPROVEMENT; Special Use Permit (SUP)
(city of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Plannin1 Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Coastal Development Permit 0 Conditional Use Permit D Minor D Extension D Day Care (Large) 0 Minor D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit D Minor D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan J&t. Special Use Permit D Minor D Tentative Parcel Map {Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits 4.o~.:0009, D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change •Amendment •Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative O Minor O Major Village Review Area Permits D Review Permit D Administrative O Minor D Major (FOR DEPT. USE ONLY) B NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602•2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECi: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY Development No. ~\/Wl~' Dt'2.-k P-1 •SAME DAY APPOINTMENTS ARE NOT AVAILABLE ESTIMATED COMPLETION DATE Lead Case No. Page 1 of6 Revised 03/17 OWNERNAME INDIVIDUAL NAME (if applicable): COMPANY NAME (If 8'3plicabJe): (PLSASE PRINT) APPLICANT NAME INDIVIDUAL NAME (lfapplblble); OOMPAAY NAME r,, apJ)bb!e): MAILING ADDRESS: MAILING ADDRESS: CITY, STATE, ZIP: t~L,,l.lllll!.l~"""'~~~---~:1f-,,.---:----~ CITY, STATE, ZIP: TB.E?HONE: TEt.EPliONE: EMAIL ADDRESS: EMAIL ADDRESS: I CERTIFY THAT I AM 'THE l..EGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE L!GAL REPRESENTATIVE OF TI-IE OWNER INFORMATION IS TAUS AND CORRECT TO THE BEST OF II( AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORMCT TO KNOWl.eDCE, I CERTIFY AS LEGAL CWl'lER THAT Tl-fl: APPLICANT N& THC: BE_St_.· ··1M~KN-CiWLEO/ r• SET FORTH IS MY AIJTHORtZEJ REPRESENTATIVE FOR ., ,,. -. -, PU THIS APPLICATION. ,.,, , \ 5!?°1 12018' , 'I v-· -&fit f siGtt.il.lRE CATI: APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: b ~ .............. ..,1,1.a11£1LJ.U...:J,...~~~----....... --------------- C IT Y, STATE. ZIF': TELEPHONE: IN THE P OCE OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISS s OR crrv COUNCIL MEMBERS TO INSPECT AND ENTER Tl-IE PROPERTY THAT IS THE SUBJECT OF THIS AP?LICATI • IIWE CONSENT TO ENTRY FOR THIS PURPOSS. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES ANO OONSEN'TS TO A NOTICE OF RESTRICTION SEING RECORDED ON THE TITLE TO HIS PROPIRTY IF CONDITIONED FOR 1'HE APPUCANT, NOTICE OF RESTRICTIONS RUN WITI-1 TH~~INDANY SUCCUSORS IN INTEREST. PFtOPERTY OWNER SIGNATURE FOR crrv use ONLY .JUL O 3 2018 r•·c··· r. DATE STAMP APPLICATION RECEIVED P-1 OWNER NAME INDIVIDUAL NAME EMAIL ADDRESS: J CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION JS TRUE AND CORRECT TO THE BEST OF MY KNCM/LEDGE. I CERTIFY AS LEGAL NER THAT THE APPLICANT AS SET FORTH HEREIN IS }5:f_ AIJT RIZED REPRESENTATIVE FOR (_ ESO ~1:'0. 6-/ ~-1?.5 lilATE MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: DATE APPLICANT NAME INDJVIDUAL NAME (If appficabl11}: COMPANY NAME ( appllcabi.): ILING ADDRESS: EWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING ITV COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERt;(.",O'\NNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO Hl~=~Pl!!RTV IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH TH~-~~e;~ST. Pfftp&RTV OWNER SIGNATURE FOR CITY USE ONLY ' I DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2of& Revlaad 03117 David Turner 4553 Cove Drive #3 Parcel: 207-150-92-03 David Turner & Vicki Revocable 4553 Cove Drive #1 Parcel: 207-150-92-01 Bennett Tylar & Chanel 4553 Cove Drive #2 Parcel: 207-150-92-02 Mr. & Mrs. Robert E. Peterson 4553 Cove Drive #4 Parcel: 207-150-92-04 Perry, Andrew & Katherine 4555 Cove Drive Parcel: 207-150-19-01 · Bret Walter Macinnes 4563 Cove Drive Parcel: 207-150-20-20 Siebenhaar Harold 4565 Cove Drive Parcel: 207-150-20-01 ( •.. ..; (''•city of Carlsbad DISCLOSURE STATEMENT P-1(A) peve/opment Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information 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, corporatio~, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.• Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below.: 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of 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 (NIA) IN THE SPACE BELOW. If a publicly~owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be ~hed if necessary.) ~ .l~ h~ Person_~ 5vv~ Corp/Part,.___._--.-....:..o..-=--+-----''---+-'"-'-'--__,._ \V/C-V"J Title -P<bt:i \oev}\:: Title__._ ____ .......... ___ -,------.----- Address ~'j . \ U OWNE ( ot ~ e ownel·s agent) ~ I C,f\. °I 21o~, 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 (NIA) 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 i~ ~\V\~ Title ___________ _ Address 4-'1b3 U\l? \x\\J(i CJJ.v1'1 YX&<J. l ~ t,.., t\ 200<B Corp/Part, ___________ _ Title Address. ____________ _ Page 1 of 2 Revised 07/10 3 NON-PROFIT ORGANIZATION OR TRUST ~- If any person identifie<j PIJf&uant lo (1) nr (2) above is .!™!:9-fJ!.QLWlmzation O!.,.il trust. 11st the names arid addresses of ANY person sorving as an officer or director of the non- profit orgamzation or as trustee or beneficiary of tht!. \Ian Profit/Trust. Non Profit/Trust '. itle A.daress Title AOdress Have you Ma ,oorc 11'l"'1 SSOO wort.h of bus;ncss tranSOCtcd w,t~1 any membor or City st.lff, tloards. r-ommissioi,:.. Committees ilfldior Cuunai within tho P~1 twelve (12) momns? LJves If yes, please indieata pei'SOl'\(s): NOTE: A:-..ach additional sheets if not'.essa,y, ! certify that all trlC 3bO'IIO information 1s true ;;ind corroct to thy bf5tpt mY. ;now1e<1gc. /'} I l.,. I ., .. I . _ . _________ \) MA'\ 2c\8' /i ' 1/··· Signature of owner/elate S;g(ruturo of applioarattd::ite , -?.J"~t ~\ Y1Yle-/4 Pril'lt or :yp1P...L1.itffla.n ----------------------------·--·--·-- ( City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Plannl111 Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.1ov Applicant's statement or disclosure of certain ownership Interests on all applications which wiU require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following intonnation IWII be disclosed at the time of apptlcatlon submittal. Your project cannot be reviewed until this Information is completed. Pleue print. Note: Peraon is defined as "Any individual. firm, co-partnership, Joint venture. association, social club, fraternal organiZation, corporation, estate, tnm, receiver, syndicate. In 1his and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit• Agenta may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the appNeant's agent) 2. P•1(A) Provide the CQMPLETI!, LEGAL names and addresses of & persons ha\ling a financial Interest In the apptlcation. If the applicant includes a comor•1oo or partnerahjp. include the names, tiles. addressn of all lndlvtduala owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a pubHctv:owned corporation. include the names, tlUes, and addresses of the corporate officers. (A separate e ma be If necessa,y.) • I J _ Corp/f,~-,.•~~~~.:..::;;.,;;,-.;....=:...:.¥Jtl\9C"'7 OWN O t ow i"'' tit) I Ck ~ ~~ Pro\lide the COMPLETE. LEQAL names and addreasea of ALJ.. 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 INDtCATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a gybHc(v:owned corporatjOn. include the names, titles, and addresses of the corporate officers. (A sepa,ate page may be attached if necessary.) Pege 1 of 2 Re'liled07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organizatjon or e trust, list the names and addresses o1 ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust ______ _ Non Profit/Trust ________ _ Title _________ _ Title -------------Address. _________ _ Address. __________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, committees and/or Council within the past twelve (12) months? \ D Yes [ll No If yes, please indicate person(s): _________ _ NOTE: Attach additional sheets if necessary. P-!(A} Page 2or2 Revised 01110 ·( ( :ity or ( :arlsba(i HAZARDOUS WASTE ANO SUBSTANCES STATEMENT P-1(C) ! :.: -~ • :,.:i.-) 1.ti1•t: r 1•1 •1 Lit ft,- Pl.,.nning Olvlf.lon Jr";.l'i Fa.radii'',' ,:-,y.,••••1r 116:J;, eiC.l 4G~;) \\'l'l'W Cl •1~:'1,:tr,1 i;'l,/;:,:J',' :-:.1:1si..lt1:ior flf •• rstt. ~• ~.te; Ro,a:te to t1~t1rd0Js 'lllas~e6 ::ert;~.:,u.,·u1 .::f ::::r•·p .a•\::e ,.,,,:r ~.o..-erom~ Code See:101" 65g62 ,SI 1-·1.;r::.1.ar•: t:> mote of ~!.111tnrn1~ Uo·~u,nn·t>r,: Gooe ~)Gcrior 65962 5, t:.:;wc consulte-d th'.: Ha.r:irdt:JS ·w::1s:e .).n.: 8uo~t;,tno.::s ~;ite:. : ~:.t compiled by thEi Crili•crn:::J f'n·111•011mcl\t:'ll 1••~ :m:lkm Agc,nt:y ::mo tlerooy .;crr,,y mat r.choc" one; ·ne :le'i1'1~Pl"IOl1: prc.e~! ol"lc 11,:, a.terra·J,.,ei JrU;:>~o::i "l t'M, app,<...1:;0r. .IC!. '!«!I .:;::i:-t.i,,e-~ c, tile ;Sts r-'>rnDlle<i ;:iu~suar,1 :t\ ~ied10r 65962 5 oft~e Stuto Go.,e•rn,.;n! Coce . I T:·., oevelc;in•-er,t t,101oc1 ar-:t any ;:i;ter"illlVG& Pfl:ll'>Otieo ,., t:1.:. iW;>l1Co11Uon gm c:0n:a1rec ~r t",e . st1i eci-p,l•d purs .... ,!'11 t'l t:.aC'lton 6596? '> ofN Stat~ Govem...,c11: ::.4e !.?Pl ICA\. "l ·. {,' 'l:,n~ \-C~f."_.. 'j\\J \A°t .•,.:1;•~:;~-u?i ':>\ \f~~ \!1vrh~ '\\'t!\'i V~t-i-rt )Ii' ·1q1!e:( ~ Cf\ Cjl\_,r,; ::.r.:,r• fo.u-t:er· ,:"\Aiq_. !£.\i • ~ 12.-:l ~.~~res~ c,f ~kt. ~ 1)~ 7j Ct'le t>f ~c, .. Jc.;. A9er:::; .~;,::,· ;r,c :::.c.Jf·tv:· C.tf\ tV1\J.:'1l\ ::n:(I o-t ... -,t .. -· __ .. 56" tl D~4'Q C ~v Y1ht ,..I J • r,,~ • 1..i:.aruc:..~~ W3ste .:111::: :i1.bst.1r,t:e~ :; t~r. l i&t it;c~<:-'".ae •. :..ti ,$ ot.tv.: ti:,-~rte S-tatc. 1-~1 J(10"lete::. anc c;~..,,~,u~r.:; lu u:mp:~• vNI", th~ (;aliforr.ia (.'1wonment.at ::.:/Jality AC: recurrernenls r-· c-ro·.,1a:.1:; infof""l'l.QllCf', abc).1t tt..e l;;,ca-.;or of h.:izr1rdo1,,$ :natenals release S;tos. -.,·r:; { (._ City of Carlsbad ~ ·•. HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Plannlna Division 16:tS Faraday Avenue (760) 602-4610 www.carlsbadca.1ov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of Callfomla Government COde Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List complied by the C811fomla Environmental Protection Agency and hereby certify that (check one): ,!, The development project and any alternatives proposed In this application lrA.Will contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. 0 The development project and any alternatives proposed in this application 111. contained on the lists compiled pursuant to Section 65962.S of the state Government Code. AddressofSite: 4Sw3 CO\k:;. t::(NeJ Local Agency (City and County): CA®~ Assessor's book, page, and parcel number: _________________ _ Specify llst{s): __________________________ _ Regulatory Identification Number:. ____________________ _ The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing infonnatlon about the location of hazardous materials release sites. P·1(C) Page 1 of2 Revilled 02113 • • "· ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ____________ (To be completed by City) Application Number(s): _________________________ _ General Information 1. 2. 3. Name of person to be contacted concerning this project: __:':::::Jl_~~~Q.Ll~£!...1!!.U~- Address: 1Am: f\t-J u\N(}\o~ City, State, Zip Code: ______________________ _ Phone Number: ________________________ _ 4. Address of Project: 4:5to3 ltNc. D(\✓c., Assessor's Parcel Number: P'le&t&jf; '50b ~d,-red J lS:r 5. 6. 7. Existing zoning district: ______________________ _ 8. Existing land use(s): _______________________ _ 9. Proposed use ofsite (Project for which this form is filed): Project Description 10. Site size: __________________________ _ 11. Proposed Building square footage: __________________ _ 12: Number of floors of construction: --~------------------ 13. Amount of off-street parking provided: _________________ _ 14. Associated projects: _______________________ _ P-1(D) Page 2ot4 Revised 07/10 l 15. If residential, include the number of units and schedule of unit sizes: _________ _ LOTS 3~ Ji 34 --four-vn i·-t-s 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ____________________ _ 17. If industrial, indicate type, estimated employment per shift, and loading facilities: 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: P-1(0) Page 3 of 4 Revised 07/10 • Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: Yes ~ • • ri ~ • • ~ • r!I • rJI' • r# • !?A' • Li • [i • ! • 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in t information required for this initial evaluation to the best of ability, information presented 81°!! true and correct to the best of m~ knowled Date: ___::c~_.· /_,4._· ...:::.'l....:..0-'-'/ B'----- For: P-1(0) Page 4 of 4 Revised 07110 {city of Carlsbad PROJECT NAME: APPLICANT NAME: .,..., .. , PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: The purpose of the dock replacement for Cove Or. is for maintenance. Although there are some portions that are in better condition than others we will be replacing majority of the dock to be uniform. We will also be making some reconfigurations to the existing design and moving dock over 8'. Existing allows 3 separate parcels to take advantage of the privilege to vessel and berth boats over public tidelands. The fourth lot 35 was working with neighboring lots to include them in the shared dock. In all our years in this business we have yet to see a community so willing to decrease their square footage to accommodate a neighbor. Floating Dock -The new floating dock portion will be manufactured using 4x8 framing and SxS angle clips with½" bolting throughout. Super float pontoons filled with Styrofoam. The decking will be lx6 AZEK premium decking slate gray decking attached with stainless steel screws. New dock section will be predrilled and ready for attachment to existing float. Existing dock will be moved over 8' to the right. Existing pile will be removed and replace with 2 steel locating arms to hold dock in position. 4'x38' of back walk and 1-3'x16' finger will be removed and replaced. 1-7.5' x 16' finger will be replaced with a 3'x16' finger to make room for addition. Gangway-New gangway dimensions ar-=: 3'x24'. And, will be manufactured using 3-2x12 stringers and heavy duty hinge at both the fop and bottom of ramp. Decking to match floating dock, railings to match existing gangway. Existing gangway to be shortened at bottom to attach hinge to dock. Pier -The new pier/gangway landing will match existing pier construction with AZEK premium slate gray decking and railings. All of our manufacturing is done at our facility in Westminster, CA. The parts are loaded on a trailer and towed to a public launch ramp nearby. The pieces are floated to the project site. The parts are connected together like a puzzle using pre-determined and pre-drilled holes and bolts. While securing the dock pieces together a catch bucket is used under each hardware location as a precaution. In addition, we will install a boom around the project site. The old dock is dismantled in the same floated out, and returned to our facility in Westminster. Those parts which can be recycled are, all other parts are disposed of at an appropriate upland disposal site. ' -Bristol Cove Property Owners Association February 22, 2018 Paradise Cove HOA 4553 Cove Drive, #2 Carlsbad, CA 92008 c/o CHAMPS/ A Division of AAM, LLC 5731 Pahner Way -Suite B Carlsbad, CA 92010-7247 760/603-0501 · FAX 760/603-0505 RE: Architectural Request -Relocate & Upgrade Existing Floating Dock -Lot #33 Dear Paradise Cove HOA: I write with good news! Subject to compliance with all architectural/wharfage guidelines for Bristol Cove POA and after much review, your request to revise the previously approved Architectural Request submitted in May/2017 to relocate & upgrade your floating dock was approved by the Board of Directors at their February meeting. Additionally, said approval is subje--1 to pertinent approval from the California Coastal Commission. This approval is subject to the community guidelines and all County, City, State and Federal permits, codes, statutes, laws, rules and regulations, which are the sole responsibility of the homeowner. If you have any questions, please don't hesitate to call us. Sincerely, for the Board of Directors Tafu Sagayo{ute{e Tafu T. Sagapolutele Managing Agent Bristol Cove POA Cc: Board of Directors Encl. Bristol Cove Property owners Association REQUEST for PRELIMINARY APPROVAL ~~" MAJOR WHARFAGE IMPROVEMENTS or NEW CONSTRUCTION '-6 ~ ~ ~ Wlai:'1i1 e~-~,'ehe11.hao. "GU 2---. --~2S-_.'f. ~ ~ • DATE DAYTIME PHONE / c' ~ ve r, Lo-f 3 3 34· 3 a,a:l '3 ~ ~' OLCOVEPROPERTYNO. ','#~ . : t/5~3 uveDr,tt-2 la,-l~t#I.. C II ~zoo~ "·· ADDRESS (for~) CllY STATE ZIPCOOEt_O\' l (we) propose~ make the followinp:~r improvem~!v,r new con~ction (circle ~ne) to o,~ap.g}Vay., 1- and/ or access pier (circle applicable): flt(s ,f~~1-:t" ,,sa. re111>ron -to a prev1011~7 ~;d flrc"11 tet«f:'> <::.1,1.lvvr: d ill h1'o/ z.o ,?-. We rrort15e f-o reloct.t1et'#'@t4Je ex.~·-5fi4_Jci?ck oi,,,,ted byLots 3'sj 3¥+3.S-, Tke re ch,; toii ;M:ltc.,les o. ,{di-ft()fl trP-ci 4,.o,t/,·v,.;er +-a.. ;}tl"!J ""-1•3/ -fo tA.c6/J,,....ok-fe Lof 3(p {)W,4.ev~~ I ·-r"Jte re-fu.rb:sl1ed w~Ar.P~5L!-fac~·i if7 w:ll be to -owttef bv fhe... own P,r-s o.f-+Aree proper-+~~. /t (Yltci-i.t"( a. jree~r,,,:f Ito.~ beevi. ~ :,ne·d by o{{ pa.rt~es I ~ttdtlsed~fttlsarr'•'"rti'f.>K: 1'rev,·"""' Aproi/..d t.t•'j M.u.fucil ~1r11ed lljree,s,e-'•1;-19~( f 1,·11244 pfolf. e,-f acfhm .. 1 "Dbck "/!. e loc:a+; Drt. btJ~/11 ed. This Preliminary Approval Application form is accomplnied by the documents checked below and thq _ ' Preliminary Application Fee of$IO.oo DocK L..a701..{-f Prawi·~s ; Colt>v-S;,mrl~ / 'PIO f-ee APPLICATION CHECKLIST: Submittal Item Application Status BCPOA Approval Actions Construction drawin & Evidence of materials com liance Structural calculations Floatation calculations Certification of compliance with ssociation standaAl& Approved by: __ 6...:L=~....,p_O ____ fl _______ Date: For; Signed:-~----=--F---~½~.. a---~-.~-.. Date: ~/~i{t8 J Please mail or deliver completed form to: Bristol Cove Property OWnllfS Aaaoclation Special Conditions e/O CHAMPS/ A Onnsiun of A.AM, U.C, 5731 PalmarWay, SUie B, car1Bbad, CA 9'Z010-7247 {76t;I) 603-0501 _ __, N•w A~re.•,..•we+'. .,,.J Plo11 .-, Aet",o,a Multi Lot Dock Permit, Construction and Access Agreement This agreement is between the owners of Lots 33, 34, 35 & 36. These three separate properties plan to co-own and share their wharfage facility at Bristol Cove located in Carlsbad, California 92008. The dock will be slightly repositioned and enlarged, have a second gangway attached and a portion will be rebuilt and then secured. The permit processing and the construction will be performed by licensed contractor SWIFT SLIPS. See Exhibit A attached to this agreement. The current wharfage facility owned by Paradise Cove HOA and Andrew & Katharine Perry will be moved to the Southeast by approximately 7ft 10inches. Additionally the Northwest dock finger will be reduced by 4ft 2inches resulting in a 39 inch finger. Finally, an 8ft mooring slip and a 12ft finger will be added to the Northwest end for the use by the Maclnnes/Siebenhaar Building and a second gangway will be added to that end. At completion the entire wharfage facility will be within the Lot 33,34,35,36 boundaries as mustrated on the wharfage map reaffirmed as guidance by the BCPOA Board on March 15, 2017. The cost of relocating the dock is $5250 as quoted by Swift Dock Builders on 4/12/17 and has been paid in advance by the owners of Maclnnes/Siebenhaar Building. Secondly the Maclnnes/Siebenhaar Building will fund the cost of a new pathway and landing for approach to the additional gangway to be added. The cost of the new gangway will be shared 50/50 by Maclnnes/Siebenhaar Building and the Perry's. The new construction costs will be divided in a ratio that represents each buildings percentage of new usable space. Therefore the Maclnnes/Siebenhaar Building will pay 30% and the remaining 70% will be split between PCHOA and the Perry's. A Dock Permit Fund will be established to pay for obtaining permits and required surveys, administrative costs and dealing with the appropriate agencies. PCHOA and the Perry's will each contribute $2,500 to the fund and their financial obligation will be capped at that amount The Maclnnes/Siebenhaar Building will contribute $5,000 to the fund. Permit associated costs that exceed the initial $10,000, will be borne by the Maclnnes/Siebenhaar Building. Lots 33,34,35,36 property owners will execute a mutually agreed to Dock Use, Maintenance and Hold Harmless agreement prior to dock construction. Agreed and authorized by: (Print name and sign name) . . .. .-.---(i, ~;1:2 D<:t J • d r~j r n, e C 4.m.,1/:;t-V' ,£ l'2 /hY;.,l z ~ b -I & Date Phone: (949) 631-3121 Fax:(714)509-()618 · infQ@swiftslipdocks.com CUENT: --Cove Drive Project Sl'IE: M~: Tl 1/30/18 ~ REVISQI, 6351 Industry Way Westminster~ CA 92683 · www.swiftsJipdocks.com AMENDMENTS: J--1,__-----~+-----I 4553 Cove Dr. Carlsbad JC 1.0 ~ I I I I I ·,--, .--. ~ ~~-1 ~: u~ 11 {~~~----,.. '----/ >~---__, I ...,.,onm ----------------------r- lot33/34 I -...... SI I~~::! . -,, Lot32 I r-~ 1 . ,,, ~' , .. b(\ ii . X' \ l , Swift Slip Dock and Pier Builders, Inc. \\ ,. f, Contractor's License 797052 A t' www .swiftslipdocks.com 6351 Industry Way -Westminster, CA 92683 Telephone (949) 631-3121 -Fax (714) 509-0618 Re: Cove Drive Project Carlsbad, CA 92008 R.'JTIMATE RE: Cove Drive Project Build and install dock section to match drawing dated 1-22-18. Construction will match other contract and dock we are bolting it to. 1) 2x12 fascia with white rubstrip and comers. 2) Super float pontoons. 3) 4X8 framing. 4) lX6 AZEK slate gray decldng. 5) 4 -14" cleats. Build and install 3'X24' gangway to match existing with hinges at each end. Note: This quote doesn't include concrete work on the site. Build and install 4'X12' pier /gangway landing to match existing. Net Addition $11,035 Note: Permit fees, administration costs, surveys, deputy inspector, and engineering are NOT included in the above; they will be billed as an extra. All lumber wiJJ be ACQ pressure treated Douglas fir. All new hardware will be hot dipped galwnized. Utilities are NOT included. Pile caps are an additional $100.00 each. Unseen obstacles when doing pile work, requiring pile to be cut off will incur additional chaJ!es. Permit agency fees subject to change. Costs above reflect a 3" cash/chec¼ discount. Alterations in the :,rojm dicia!ed by the Coastal Comnps~~n or others max affect the.1>rQf~d: costs, ............. . i_~-===:m;--...=.:.::::: .. ~•-=•::::l-=~.aP"-mr, Authorized By: _____________ Date=-----~---- This estimate 'becomea a eontraet upon signature. Pkase sign & return untla 1o!IS dou,n to authorize the price &IDOJ"lc contained in tJr.is contract.. Phone: (949) 631-3121 Fax: (714) 509-0618 info:d)s\.viilslipdocks.com '% Cl.lf:":NT· Cove Drive Project Sill-::. r""-· TL CI-IECKEO-. 4553 Cove Dr. Carlsbad JC I ~ I OATE: 1/30/18 REV REVISION: 1.0 -1 6351 Industry Way Westminster. CA 92683 W\VW .switlsl ipdocks.com AMENDMENTS: DESCRIPTION. 6Y: DATE: Ei~>, : ... 1 ~ "-.....____________. I \\ aZ.Y.J II \ I \ ~--1 ----'-----~~~~~~~:r---_-J" ___ _____._._\\ --r i o, J1:.-~ Dl51M I ------__,,.., Q'llpS --------r- / Lot33/34 ANSIA B.5''x11" PROPOSED PAPER SIZE: SHEET NNIIE: Lot32 1 SHEET NO. ' . Agreement Designating Primary Contact This agreement is between the owners of Lots 33, 34, 35 & 36. These three separate properties plan to CO-Own and share their wharfage facility at Bristol Cove located in Carlsbad, California 92008. The dock will be slightly repositioned, have a second gangway attached and a portion will be rebuilt and then secured. The permit processing and the construction will be performed by licensed contractor SWIFT SLIPS. The owners of Lot# '3 3+ 3 <( . agree to designate Bret Macinnes as the owner's group contact with decision making authority for the dock permitting process. All owners reserve their respective rights and obligations. The owners of Lot# 3 3 t 3 f , agree to designate David Turner as the owner's group contact with decision making authority for the dock construction project. All owners reserve their respective rights and obligations. It is the responsibility of the designated Primary Contacts to promptly communicate with each owner of interest regarding pertinent progress and/or delays in the permit and construction process. The owners signed below have attached proof of ownership by one of the following documents: Grant Deed, Title Insurance or Recent Property Tax Bill. Signature D?tvi'd f';,.,.nfJ,,... Print Name }:;)~ ' Signature ---:}©l,"" Print Name 2--l1.-l8 Date /..-2.'(-1 Date I .-2<..j-f Date "' .. ,-. . 'I -1844 DOC# 2007-0426739 1111111111111111111111111 11111111111111111111 IIW 1111 IIH 1111 Recorded II Ille lfflillffli.ct JUN 26, 2007 8:00 AM COMMONWEALTH UK COMPANY •FACIAi. RECORDS and when recorded mail this deed SAN DIEGO COUNTY RECORDER'S OFRCE and unless otherwise shown below GREGORY J. SMITH. COUNTY RECORDER FEES: 13.00 mail tax statement.I to: OC: oc PAGES: 3 Mr. and Mrs. Rohen E. Petersen (;~ 111111111111111111 13391 Summit Circle Poway, CA 92064 __ 2007-0426739 Eam,w No. 60369-A GRANT DEED The undenigned grantor(s) dedare(s): Documentary transfer tax is $NONE this is a "pass through" deed only in connection wilh temporary parking under an !RC 1031 tax-deferred exchange/Revenue Procedure 2000-37 • This transfer is EXEMPT from documentary transfer tax and reassessment of real propeny taxes. (XX) City of Carlsbad BY THIS INSTRUMENT DATED May 16. 2006, FOR A VALUABLE CONSIDERATION, JAKE XCVIII, INC., a California corporation HEREBY GRANTS TO ROBERT E. PETERSEN' and MARGARET PETERSEN, husband and wife u community property with rights of surviYorsblp the following described real: propeny in the City of Ssn Diego, State of CA, viz: REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A CONDOMINIUM COM~RISED OF: PARCEL A: AN UNDIVIDED 1/4 INTEREST ON AND TO PARCEL I OF PARCEL MAP NO. 13627, BEING A DIVISION OF LOTS 33 AND 34 OF SHELTER COVE, IN THE OTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDCNG TO MAP THEREOF NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 23, 1963. EXCEPTING ALL THE QIL, GAS, MINERAL AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY. ALSO EXCEPTING THEREFROM THE FOLLOWING: A) ALL UNITS AS SHOWN UPON THE PARADISE COVE CONDOMINIUM PLAN RECORDED JULY 18, 1985 AS FILE NO. 85-256150 OF OFFICIAL RECORDS OF SAID COUNTY. .... 184 B) THE EXCLUSIVE RIGIIT TO POSSESSION OF ALL THOSE AREAS DESIGNATED AS PATIO, BALCONY AND CARPORT EXCLUSIVE USE AREAS AS SHOWN UPON THE CONDOMINIUM PLAN ABOVE REFERRED TO. PARCEL B: UNIT 4 AS SHOWN ON THE CONDOMINIUM PLAN ABOVE REFERRED TO. PARCEL C: THE EXCLUSIVE RIGHT TO POSSESSION AND TO OCCUPY THOSE PORTIONS OF PARCEL I DESCRIBED IN PARCEL A ABOVE DESIGNATED AS EXCLUSIVE USE AREA BEARING THE SAME NUMBER AS THE UNIT TO WHICH IT IS APPURTENANT. PARCEL D: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS, INCLUDING THE RIGIIT TO TRANSPORT SMALL WATERCRAFT, OVER LOT 15 OF THAT TRACT DESCRIBED IN MAP 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,,CALIFORNIA ON APRIL 23, 1963, WHICH EASEMENT IS FOR THE BENEITT OF AND APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL A AND BEING APPURTENANT, SHALL RUN WITH THE LAND. PARCEL E: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR VEHICULAR, AND SMALL WATERCRAFT INGRESS AND EGRESS OVER LOT 74 OF THAT TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON APRIL 23, 1963, WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL A ,t.ND, BEING APPURTENANT, SHALL RUN WITH THE LAND, AND WHICH EASEMENT IS SUBJECI' TO SUCH RULES AND REGULATIONS FOR USE AS MAY BE PROMULGATED FROM 1)1ME TO TIME PURSUANT TO THE DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS RECORDED AUGUST 5, 1966 AS FILE NO. 127577, SAN DIEGO COUNTY RECORDER'S OFFICE. THIS EASEMENT SHALL TERMINATE AS TO ANY WHARFAGE AREA WITHIN LOT 74 AS SOON AS CONSTRUCTION OF ANY WHARFAGE FACILITY IS INITIATED THEREIN. SUCH WHARFAGE AREA, TO WHICH REFERENCE IS MADE IN THE PREVIOUS SENTENCE, IS ANY ONE OF THOSE DELINEATED IN EXHIBff "B" ATTACHED TO AND INCORPORATED IN THE DECLARATION OF RESTRICTIONS AND PR0TECTIVE COVENANTS MORE SPECIFICALLY DESCRIBED ABOVE. PARCEL F: AN EASEMENT OVER THAT PORTION OF THE ABOVE REFERENCED LOT 74 OF SAID TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON APRIL 23, 1963, WHICH PORTION IS WHARFAGE AREAS 33 AND 34 AS DELINEATED IN EXHIBIT "B" ATTACHED TO AND INCORPORATED IN THE ABOVE REFERENCED DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS. SAID EASEMENT TO BE FOR THE EXCLUSIVE RIGHT TO CONSTRUCT, MAINTAIN AND USE A WHARF AGE FACILITY PURSUANT TO SAID DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS, AND APPURTENANT AS TO PARCEL A ABOVE. APN 207-150-92-04 SIGNATURES ON FOLLOWING PAGE • . ,,., ,. -) JAKE XCVIII, INC., a California corporation ALL PURPOSE ACKNOWLEDGEMENT State of t!#,,Arn /t.-) County of .31<" /J, Y ~ ) 0n_..cJ::•..:C""Ll._,?_.~~-/J_•,___~_;_...:7c_......J before me _ _:{!.a:...c--=rl--=...:/_,z-=-. _M_7,-:../4::..:'WJ:::.,___, Notary Public, personally appeared .lt:t.c .L. l3raal ,C StsM {J 'ji,., '17 vfpersonally known to me -l!t ( ) proved to me on the basis of satisfactory evidence to be the peno~ whose namc@"il/are subscribed to the within instrument and acknowledged 10 me that lllo/sho/they executed the same in hil/bor/lheir authorized capaci~, and that by 'hi</h,,r/lheir signalur@on tbe instrument, the persml@} or the entity upon behalf of which the pcrson(g acted, executed the insllllmenl. Witness my band and official seal. Signature of Notary ,- ' --- Agreement Designating Primary Contact This agreement is between the owners of Lots 33, 34, 35 & 36. These three separate properties plan to co-own and share their wharfage facility at Bristol Cove located in Carlsbad, California 92008. The dock will be slightly repositioned, have a second gangway attached and a portion will be rebuilt and then secured. The permit processing and the construction will be performed by licensed contractor SWIFT SLIPS. The owners of Lot# '3 (: , agree to designate Bret Macinnes as the owner's group contact with decision making authority for the dock pem1itting process. All owners reserve their respective rights and obligations. The owners of Lot# '3 5 , agree to designate David Turner as the owner's group contact with decision making authority for the dock construction project. All owners reserve their respective rights and obligations. It is the responsibility of the designated Primary Contacts to promptly communicate with each owner of interest regarding pertinent progress and/or delays in the permit and construction process. The owners signed below have attached proof of ownership by one of the following documents: Grant Deed, Title Insurance or Recent Property Tax Bill. Print Name Date Print Name Signature Date Print Name Signature Date Print Name Signature Date ,-- ' Agreement Designating Primary Contact This agreement is between the owners of Lots 33, 34, 35 & 36. These three separate properties plan to co-own and share their wharfage facility at Bristol Cove located in Carlsbad, California 92008. The dock will be slightly repositioned, have a second gangway attached and a portion will be rebuilt and then secured. The pennit processing and the construction will be performed by licensed contractor SWIFT SLIPS. The owners of Lot# 36 agree to designate Bret Macinnes as the owner's group contact with decision making authority for the dock pennitting process. All owners reserve their respective rights and obligations. The owners of Lot# 3 b agree to designate David Turner as the owner's group contact with decision making authority for the dock construction project. All owners reserve their respective rights and obligations. It is the responsibility of the designated Primary Contacts to promptly communicate with each owner of interest regarding pertinent progress and/or delays in the permit and construction process. The owners signed below have attached proof of ownership by one of the following documents: Grant Deed, Title Insurance or Recent Property Tax Bill. fxe.'\-ffiAe,--S::\1\1'\:es) Print Name ~ Signature -Zlztl?o\? Date j~ <;;,/1&:1#~ Print Name Print Name Signature Date Print Name Signature Date '· RECORDING REQUESTED BY Td:lo 369 (.3tewa, t ffle, MAIL TAXSTATEMENT DOC# 2017-05882 5 IIIIIIIRIRIIIIIIIIIIIDIIIDI Dec 15, 2017 04:24 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., AND WHEN RECORDED MAIL DOCIJMENT TO: ,.. SAN DIEGO COUNTY RECOR ER Bret Macinnes 4563CoveDriVe Carlsbad, CA 92008 A.P.N.: 207-150-20-02 GRANT DEED FEES: $843.50 PCOR: YES PAGES: Ale No.: 110-00891 (JS) 11tle Order No.: CA0410-17007 7-42 The Undersigned Grantul(s) Dedare(s): IXXlJMENTARY TIIANSF£R TAX $819.50; OTY TRANSFB\ TAX $0.00; [ X ) o,mpub!d on the -or full mie "'pn,perty conveyed, OR [ ) Olll1Jllted on the conOlde,atlon or full .. 1ue """vwe of liens .,.J/01 encumbrances remaJnlnQ at time of sale, [ ) o,•mpo,al!d""""; [XJ ctyctca.-,and FOR A VALUABLE CONSIDERATION, receipt of which Is herebV acknowledged, carol J. Gray, Trustee of e carol J. Gray Separate Property Trust dated October 15, 199:Z, and as a~ on September 17, 2014 herebyGRANTStoBret Walter Macinnes, Trustee of the Bret Walter Macinn s Living Trust dated July 9, 2010 the followlng described property In the Oty of car1sbad, County of San Diego, Slate of California: See "Exhibit A" attached hereto and made a part hereof Dated: December 07, 2017 carol J, Gray, Trustee of the carol J. Gray 5eparate Property Trust dated October 15, 1992, and as amended on · 17, 2014 , c2 a•-!I ...,. __ . ,.&....._ ____ .__ ..,.._. ,,,. ... _. ... ,,_ ___ ,,r \. TITLE SNAPSHOT GRADE B What does this grade mean? A;; No title curative issues B = Issues to pay or clear C = Liens to clear D = Title curative issues REO transactions only: E = REO curative issues R;:;: IRS curative issues Prepared On December 1, 2017 Order Number CA0410-17007997-42 Loan Number Properly Address 4563 Cove Drive Carlsbad, CA 92008 Questions For questions regarding this Title Snapshot, please contact: Marie Castillo 619-564-5642 tu42@stewart.com stewart title 8880 Rio San Diego Drive #1100, San Diego, CA 92108 Main: (619) 564-5600 I Direct: 619-564-56421 Fax: 855-302-1878 Title is Vested in • Carol J. Gray, Trustee of the Carol J. Gray Separate Property Trust dated October 15, 1992, and as amended on September 17, 2014 Issues to Pay or Clear at Closing Issue • Possible HOA • Taxes Due • Trust Description There may be a possible HOA on the property. Property taxes are currently due and payable. The Property is vested in a Trust. A copy of the Trust Agreement and/or Certification of Trust may be required. Liens to Clear/Potential Failure of Title Issue • No Open Deed of Trust or Mortgages of Record Description We find no open Deeds of Trust or Mortgages of record. Please verify whether or not we have overlooked something or confirm property is free and clear. We will be unable to provide a "Clear-To-Close" until this investigation is complete. The Title Snapsho'L is intended im intonnational purposes only. :\ is not intended as a g11aranty, affirmation. 1nrJernnific::1l1on. or c.ertif1cation of ::1ny focl, insurc111ce coverage or conclusion of lc1w to any insured or party 10 n trnnsaclion. J\lo liability for re!ianr:e \hereon is inferred, implied or expressed. C 0 stewart; title 8880 Rio San Diego Drive #1100, San Diego, CA 92108 Main: (619) 564-5600 Direct: 619-564-5642 Fax: 855-302-1878 PRELIMINARY REPORT The Heritage Escrow Company 2121 Palomar Airport Road, 140 Carlsbad, CA 92011 Our Order: CA0410-17007997-42 Attn: Jill Severns Todays Date: December 1, 2017 Property Address: 4563 Cove Drive, Carlsbad, CA 92008 Escrow Ref: 110-008913 Listing Agent Ref: 4563 Cove When Replying Please Contact: Stewart Title of California 8880 Rio San Diego Drive #1100 San Diego, CA 92108 Attn: Marie Castillo 619-564-5642 In response to the application for a Policy of Title Insurance, Stewart Title of California hereby reports that ii is prepared to issue, or cause to be issued, as of the date hereof, a Stewart Tille Guaranty Company Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein and/or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies of Title Insurance are set forth in Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CL TA and AL TA Homeowner's Policies of Tille Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the Policy or Policies of Title Insurance and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a Policy or Policies of Tille Insurance and no liability is assumed hereby. If ii is desired that liability be assumed prior to the issuance of a Policy or Policies of Title Insurance, a Binder or Commitment should be requested. Dated as of November 17, 2017, at 07:30 AM. Marie Castillo Senior Title Officer tu42@stewart.com The form of policy of title insurance contemplated by this report is: AL TA Loan Policy 2006 with ALTA Endorsement-Form 1 Coverage, AL TA Homeowner's Policy (12/02/13), or equivalent, Underwritten by: Stewart Title Guaranty Company I Preliminary Report Created: 12101/2017 CA0410-17007997-42 SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this Report is: A condominium, in fee, as defined in Section 783 of the California Civil Code Title to said estate or interest at the date hereof is vested in: Carol J. Gray, Trustee of the Carol J. Gray Separate Property Trust dated October 15, 1992, and as amended on September 17, 2014 The land hereinafter referred to is situated in the City of Carlsbad, County of San Diego, State of CA, and is described as follows: Parcel A: A separate interest as defined in civil code section 1351(1)(2) consisting of (1) Unit U-2, as shown on that certain Condominium Plan {plan) recorded in the office of the County Recorder of San Diego County, California on January 22, 2013, as Document No. 2013-0041583 of official records, and (2) an undivided one-half (1/2) fractional interest as tenant-in-common in and to the "common area" as described in the plan, which condominium is located within the boundaries of the following described real property: Parcel 1 of Parcel Map No. 20873, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, April 12, 2011 as File No. 2011 -190178 of official records. Excepting therefrom all oil, gas, and other hydrocarbon substances, and minerals, including rights incidental to such ownership, now or at any time hereafter situated in and under the hereinafter described land and lying below a depth of 500 feet measured from the surface of said land but without any right to enter upon the surface for extraction or removal of such oil, gas, or other hydrocarbon substances. Or minerals, and without any right to penetrate or to pass through the 500 foot space immediately below said surface for purposes of such extraction or removal, as granted or reserved in various instruments of record on file in the office of the county recorder of said county. Parcel 8: The exclusive right to the use and possession of those portions of the "common area" referred to as "exclusive use common area", as both terms are defined in the "declaration of covenants, conditions and restrictions for 4563 & 4565 cove drive condominiums", recorded in the office of the County Recorder of San Diego County, California on January 22, 2013 as Instrument No. 2013-0041584 of official records, all of which shall be appurtenant to parcel a described above. Parcel C: A nonexclusive easement and right of way for pedestrian and vehicular ingress and egress, including the right to transport small watercraft, over Lot 15 of that tract described in map 5162, recorded in the office of the County Recorder, San Diego County, California, on April 23, 1963, which easement is for the benefit of and appurtenant to the hereinabove described parcel a and being appurtenant, shall run with the land. Parcel D: A non exclusive easement and right of way for vehicular and small watercraft ingress and egress over Lot 74 of that tract described in Map No. 5162, recorded in the office of the County Recorder, San Diego County, California, on April 23, 1963, which easement is for the benefit of and appurtenant to the hereinabove described parcel a and, being appurtenant, shall run with the land, and which easement is subject to such rules and regulations for use as may be promulgated from time to time pursuant to the declaration of restrictions and protective covenants more particularly described below. This easement shall terminate as to any wharfage area within Lot 74 as soon as construction for any wharfage facility is initiated therein. Such wharfage area, to which reference is made in the previous sentence, is any one of those delineated in exhibit "b" attached to and incorporated in the declaration of restrictions and protective covenants more specifically described below. Parcel E: jPreliminary Report~A Created: 12/01/2017 CA041 0-17007997-42 0 An easement over that portion of the above referenced Lot 74 of said tract which portion is wharfage area 36 as delineated in exhibit "B" attached to and incorporated in the above referenced declaration of restrictions and protective covenants, said easement to be for the exclusive right to construct, maintain and use a wharfage facility pursuant to said declaration of restrictions and protective covenants, and appurtenant to Parcel 1 above. Parcel F: A non-exclusive easement over that portion of Lots 74, 38, 39, 42, and 43 according to map 5162 thereof, which portion is delineated and designated as Lot "A" by exhibit "B" attached to and incorporated in the above reference declaration of restrictions and protective covenants, said easement to be used for the construction, maintenance and use of a ramp or other right of way between Lot 36 and wharf age area 36. APN: 207-150-20-02 I Preliminary Report-A Created: 12/01/2017 CA0410-17007997-42 - SCHEDULE B At the date hereof, Exceptions to coverage, in addition to the printed Exception and Exclusions contained in said policy form would be as follows: 1. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2017 -2018: 1st Installment: $3,532.31 Open Penalty: $353.23if not paid by December 10, 2017 2nd Installment: $3,532.31 Open Penalty: $363.23if not paid by April 10, 2018 Exemption: Not Set Out Code Area: 09000 Assessment No. 207-150-20-02 2. Assessments, if any, for community facility districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California. 4. Water rights, claims or title to water in or under said land, whether or not shown by the public records. 5. Matters in various instruments of record which contain, among other things, easements and rights of way in, on, over and under the common area for the purpose of constructing, erecting, operating or maintaining thereon or thereunder overhead or underground lines, cables, wires, conduits, or other devices for electricity, power, telephone and other purposes, storm water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes, and any similar public or quasi-public improvements or facilities. Also the equitable right of use and enjoyment in and to and throughout the common area as well as non-exclusive easements and equitable rights for ingress, egress to the owner herein described. Reference is hereby being made to various documents and maps of record for full and further particulars. 6. The recital contained on previous maps of said land which agrees to allow the cross-arms of poles or similar structures placed along the right of way of certain highways to hang over the abutting land. 7. The recital contained on previous maps of said land relinquishing jurisdiction and control over any and all pipes, poles or other structures or work, trees and anything of whatever nature that may be upon, across or over the highways offered for dedication. 8. The affect of the approximate high water line, as show on Map No. 5162. Said matter affects: Lot 74 herein described. 9. Any rights of the public in and to any portion of said land that may be determined to be included within the agua hedionda creek estuary, on which said land abuts. 10. Record of survey Map No. 6683 purporting to show various boundaries and dimensions of said land. I Preliminary Report-B Created; 12/01/2017 CA0410-17007997-42 C 0 11. Limitations, reservations, provisions, assessments, liens and charges, as contained in a declaration of restrictions. Recorded: August 5, 1966 as Instrument Number 127577, of Official Records. Said declaration contains among other things the following: A. Certain easements. B. Assessments. C. Liens and the subordination thereof. D. Mortgage protection clause. But omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent said covenant (A) is exempt under Title 42, Section 3607 of the United States Code or (B) relates to handicap but does not discriminate against handicapped persons. Said Covenants, Conditions and Restrictions have been modified by an instrument: Recorded: October 28, 1977 as Instrument Number 77-447138, of Official Records. Said Covenants, Conditions and Restrictions have been modified by an instrument: Executed by: Bristol Cove Property Owners Association Recorded: April 28, 2005 as Instrument Number 2005-0355996, of Official Records. 12. A Notice of Restriction on Real Property Recorded: February 14, 2011 as Instrument Number 2011-0085463, of Official Records Reference is hereby made to said document for full particulars. 13. The terms and provisions contained in the document entitled Hold Harmless Agreement Geological Failure Recorded: March 2, 2011 as Instrument Number 2011-0115001, of official records. 14. Limitations, reservations, provisions, assessments, liens and charges, as contained in a declaration of restrictions. Recorded: January 22, 2013 as Instrument Number 2013-0041584, of Official Records. Said declaration contains among other things the following: A. Certain easements. B. Assessments. C. Liens and the subordination thereof. D. Mortgage protection clause. But omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent said covenant (A) is exempt under Title 42, Section 3607 of the United States Code or (B) relates to handicap but does not discriminate against handicapped persons. 15. Any rights of the parties, if other than the Vestees, in possession of the Parking Space shown in the legal description herein. 16. We find no open Deeds of Trust of record. Please verify by inquiry of escrow personnel and/or agents whether or not we have overlooked something and advise the title department accordingly prior to close of escrow. 17. Note: to avoid delays at the time of closing, it will be necessary that a written statement from the Homeowner's Association that all liens, charges and/or assessments levied on said land have been paid. Said statement should include all amounts due up to and including the date of closing. 18. If title is to be insured in the trustee(s) of a trust or their act is to be insured, we will require a full copy of the trust agreement and any amendments thereto. In certain situations the Company may accept a Trustee certificate pursuant to Section 18100.5 of the California Probate Code for the trust agreement. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. Name of Trust: The Carol J. Gray Separate Property Trust dated October 15, 1992, and as amended on September 17, 2014 I Preliminary Report-8 Created: 12/01/2017 CA0410-17007997-42 ' ... -· 19. In order to complete this report, this Company requires a Statement of Information to be completed by the following party(ies), Party(ies): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement(s) of Information. END OF SCHEDULE B I Preliminary Report-B Created: 12/01/2017 CA0410-17007997-42 C 0 stevvart. title 8880 Rio San Diego Drive #1100, San Diego, CA 92108 Main: (619) 564-5600 Direct: 619-564-5642 Fax: 855-302-1878 Attn: Borrower: Bret Macinnes Lenders Supplemental Report to Preliminary Report The Preliminary Report (including any supplements or amendments thereto) to which this is attached is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan policy form as follows: A. This report is preparatory to this issuance of an American Land Title Association loan policy of title insurance . This report discloses nothing, which would preclude the issuance of said American Land Title Association loan policy of title insurance with endorsement No. 100 attached thereto. B. The improvements on said land are designated as: Condominium (Residential) 4563 Cove Drive, in the City of Carlsbad, County of San Diego, State of California. C. Pursuant to information provided to Stewart Title of California as of the date hereinabove, the proposed insured loan amount is $1.00 with the proposed insured lender being . D. The only conveyance(s) affecting said land recorded with 24 months of the date of this report are as follows: Deed Type: Quitclaim Deed Granter: Carol J. Gray, Trustee of the Carol J. Gray Separate Property Trust dated October 15, 1992, and as amended on September 17, 2014 Grantee: Carol J. Gray, Trustee of The Carol J. Gray Separate Property Trust dated October 15, 1992, and as amended on September 17, 2014 Recorded: November 24, 2015 as Instrument Number 2015-0607454, of Official Records. ) Lenders Supplemental Report Created: 12/01/2017 CA0410-17007997-42 .. ste\Nart title 8880 Rio San Diego Drive #1100, San Diego, CA 92108 Main: (619) 564-5600 Direct: 619-564-5642 Fax: 855-302-1878 Notes and Requirements Section Note 1: On July 1, 1985, Assembly Bill 3132 became effective. Assembly Bill 3132 adds and repeals portions of Sections 480.3 and 480.4 of the Revenue and Taxation Code of the State of California. The act requires the County Assessor and/or Recorder to make available a statutorily prescribed form entitled "Preliminary Change of Ownership Report". Said report must be completed by the buyer and filed concurrently with the recordation of the documents evidencing the change of ownership. Failure to present the Change of Ownership Report at the time of recordation will cause the County Recorder to charge an additional $20.00 penalty recording fee. The fee cannot be charged if the transfer document is accompanied by the affidavit stating that the buyer/transferee is not a resident of the State of California. This report is for official use only and is not open to public inspection. For further information, contact the Change of Ownership Section in the Assessor's Office located in the County of said property or the County Recorder's Office located in the County of said property. Note 2: Attached are Privacy Policy Notices in compliance with the Gramm-Leach-Bliley Act (GLBA) effective July 1, 2001. Please review said Notices regarding personal information. Note 3: The map attached hereto may or may not be a survey of the land depicted thereon. You should not rely upon it for any purpose other than orientation to the general location of the parcel or parcels depicted. This company expressly disclaims any liability for alleged loss ·or damage which may result from reliance upon this map. Note 4: The only conveyance(s) affecting said land recorded with 24 months of the date of this report are as follows: Deed Type: Quitclaim Deed Granter: Carol J. Gray, Trustee of the Carol J. Gray Separate Property Trust dated October 15, 1992, and as amended on September 17, 2014 Grantee: Carol J. Gray, Trustee of The Carol J. Gray Separate Property Tnust dated October 15, 1992, and as amended on September 17, 2014 Recorded: November 24, 2015 as lnstnument Number 2015-0607454, of Official Records. Note 5: Additional Requirements for "Short Sale" Transactions in which a lender will accept less than the outstanding balance of its loan as full satisfaction of the obligation: The Company will require, prior to the issuance of a policy of title insurance, evidence that the first-position trust deed holder has received and acknowledged all payments to be made to subordinate-position lien holders, regardless of whether such payments are to be made from proceeds or from contributions by real estate brokers and/or buyers in the subject transaction, or from other third-party sources. Evidence shall include but not be limited to: (a) a written demand from the first-position trust deed holder acknowledging and approving payments to subordinate position lien holders from proceeds and otherwise; or (b) a supplemental letter or amended demand from the first-position lien holder acknowledging payments to be made to subordinate lien holders from sources other than proceeds (including broker commissions and additional buyer deposits). Notes and Requirements Created: 12/01/2017 CA0410-17007997-42 C 0 ste\Nart title 8880 Rio San Diego Drive #1100, San Diego, CA 92108 Main: (619) 564-5600 Direct: 619-564-5642 Fax: 855-302-1878 CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received by The Heritage Escrow Company via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non-interest bearing escrow accounts in a financial institution selected by The Heritage Escrow Company. The Heritage Escrow Company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and The Heritage Escrow Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by The Heritage Escrow Company. Such benefits shall be deemed additional compensation to The Heritage Escrow Company for its services in connection with the escrow or sub-escrow. If any check submitted is dishonored upon presentation for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. I Good Funds Law Created: 12/01/2017 CA0410-17007997-42 Stewart Title Guaranty Company Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business-to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharin11? For our everyday business purposes-to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing Yes No transactions, mailing, and auditing services, and responding to court orders and leaal investiaations. For our marketing purposes -to offer our products and services Yes No to you. For Joint marketing with other financlal companies No We don't share For our affiliates' everyday business purposes-information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and Yes No non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Campanv For our afflllates' everyday business purposes-information No We don't share about your creditworthiness. For our affiliates to market to you -For your convenience, Stewart Yes, send your first and last name, the email has developed a means for you to opt out from its affiliates marketing address used in your transaction, your even though such mechanism is not legally required. Yes Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591 . For non~fflliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial No We don't share and non-financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. lf you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title companies notify me We must notify you about our sharing practices when you request a transaction. about their practices? How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we use personal lnfonnation? security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? • request insurance-related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share vour personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 Revised 11-19-2013 I Privacy Policy Notice Created: 12/01/2017 CA0410-17007997-42 C ste\Nart title 8880 Rio San Diego Drive #1100, San Diego, CA 92108 Main: (619) 564-5600 Direct: 619-564-5642 Fax: 855-302-1878 AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT Date: Order No.: Property: From: December 1, 2017 CA0410-17007997-42 4563 Cove Drive, Carlsbad, CA 92008 The Heritage Escrow Company This is to give you notice that Stewart Title of California, Inc. ("Stewart Title") has a business relationship with Stewart Solutions, LLC, OBA • Stewart Specialty Insurance Services, LLC ("Stewart Insurance"). Stewart Information Services Corporation owns 100% of Stewart Insurance and Stewart Title of California. Because of this relationship, this referral may provide Stewart Title a financial or other benefit. Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s) as a condition for purchase, sale, or refinance of the subject Property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Stewart Insurance Settlement Service CharQe or ranae of charaes Hazard Insurance $400.00 to $6,500.00 Home Warrantv $255.00 to$ 780.00 Natural Hazard Disclosure Report $ 42.50 to$ 149.50 !Affiliated Business Arrangement Disclosure Created: 12/01/2017 CA0410-17007997-42 Order Number: stewart title 8880 Rio San Diego Drive #1100, San Diego, CA 92108 Main: (619) 564-5600 Direct: 619-564-5642 Fax: 855-302-1878 FOR TRANSACTIONS WHERE STEWART TITLE OF CALIFORNIA IS NOT CLOSING ESCROW CA0410-17007997-42 Subject Property Address: 4563 Cove Drive, Carlsbad, CA 92008 APN: 207-150-20-02 ACKNOWLEDGMENT OF RECEIPT, UNDERSTANDING AND APPROVAL OF "AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT" AND "STG PRIVACY NOTICE FOR STEWART TITLE COMPANIES" The undersigned hereby acknowledge that I/we have received, read, understand and approve Stewart Title of California, lnc.'s "Affiliated Business Arrangement Disclosure Statement" and "STG Privacy Notice for Stewart Title Companies", provided to me/us in connection with the above captioned matter. Read and signed on _______ _ Bret Macinnes jAffiliated Business Arrangement Disclosure Created: 12/01/2017 CA0410-17007997-42 C 0 ste\Nart title 8880 Rio San Diego Drive #1100, San Diego, CA 92108 Main: (619) 564-5600 Direct: 619-564-5642 Fax: 855-302-1878 AVAILABLE DISCOUNTS DISCLOSURE STATEMENT This is to give you notice that Stewart Title of California, Inc. ("Stewart Tille") is pleased to inform you that upon proper qualification, there are premium discounts available upon the purchase of title insurance covering improved property with a one to four family residential dwelling. Such discounts apply to arid include: Property located within an area proclaimed a state or federal disaster area; Property purchased from a foreclosing beneficiary or successful bidder at a foreclosure sale; Property being refinanced. Please talk with your escrow or title officer to determine your qualification for any of these discounts. !Available Discounts Disclosure Statement Created: 12/01/2017 CA0410-17007997-42 EXHIBIT A Legal Description The land hereinafter referred to is situated in the City of Carlsbad, County of San Diego, State of CA, and is described as follows: Parcel A: A separate interest as defined in civil code section 1351(1)(2) consisting of (1) Unit U-2, as shown on that certain Condominium Plan (plan) recorded in the office of the County Recorder of San Diego County, California on January 22, 2013, as Document No. 2013-0041583 of official records, and (2) an undivided one-half (1/2) fractional interest as tenant-in-common in and to the "common area" as described in the plan, which condominium is located within the boundaries of the following described real property: Parcel 1 of Parcel Map No. 20873, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, April 12, 2011 as File No. 2011-190178 of official records. Excepting therefrom all oil, gas, and other hydrocarbon substances, and minerals, including rights incidental to such ownership, now or at any time hereafter situated in and under the hereinafter described land and lying below a depth of 500 feet measured from the surface of said land but without any right to enter upon the surface for extraction or removal of such oil, gas, or other hydrocarbon substances. Or minerals, and without any right to penetrate or to pass through the 500 foot space immediately below said surface for purposes of such extraction or removal, as granted or reserved in various instruments of record on file in the office of the county recorder of said county. Parcel 8: The exclusive right to the use and possession of those portions of the "common area" referred to as "exclusive use common area", as both terms are defined in the "declaration of covenants, conditions and restrictions for 4563 & 4565 cove drive condominiums", recorded in the office of the County Recorder of San Diego County, California on January 22, 2013 as Instrument No. 2013-0041584 of official records, all of which shall be appurtenant to parcel a described above. Parcel C: A nonexclusive easement and right of way for pedestrian and vehicular ingress and egress, including the right to transport small watercraft, over Lot 15 of that tract described in map 5162, recorded in the office of the County Recorder, San Diego County, California, on April 23, 1963, which easement is for the benefit of and appurtenant to the hereinabove described parcel a and being appurtenant, shall run with the land. Parcel D: A non exclusive easement and right of way for vehicular and small watercraft ingress and egress over Lot 74 of that tract described in Map No. 5162, recorded in the office of the County Recorder, San Diego County, California, on April 23, 1963, which easement is for the benefit of and appurtenant to the hereinabove described parcel a and, being appurtenant, shall run with the land, and which easement is subject to such rules and regulations for use as may be promulgated from time to time pursuant to the declaration of restrictions and protective covenants more particularly described below. This easement shall terminate as to any wharfage area within Lot 74 as soon as construction for any wharfage facility is initiated therein. Such wharfage area, to which reference is made in the previous sentence, is any one of those delineated in exhibit "b" attached to and incorporated in the declaration of restrictions and protective covenants more specifically described below. Parcel E: An easement over that portion of the above referenced Lot 74 of said tract which portion is wharfage area 36 as delineated in exhibit "8" attached to and incorporated in the above referenced declaration of restrictions and protective covenants, said easement to be for the exclusive right to construct, maintain and use a wharfage facility pursuant to said declaration of restrictions and protective covenants, and appurtenant to Parcel 1 above. Parcel F: I Exhibit A Created: 12/01/2017 CAD410-17007997-42 C 0 A non-exclusive easement over that portion of Lots 74, 38, 39, 42, and 43 according to map 5162 thereof, which portion is delineated and designated as Lot "A" by exhibit "B" attached to and incorporated in the above reference declaration of restrictions and protective covenants, said easement to be used for the construction, maintenance and use of a ramp or other right of way between Lot 36 and wharfage area 36. APN: 207-150-20-02 jExhibit A Created: 12/01/2017 CA0410-17007997-42 , ' -- -----✓-· @® . ' a i ft .,.... ·-M ___ __ -~---~--------+-----+------J PQ :::i z ~ 0 z 0 u This map is for your aid in locating the subject property with reference to streets and other parcels. While this map is believed to be correct, Stewart Title of California and subsequent insurance companies, assume no tiability for any loss occurred by reason of reliance thereon. I Plat Map Created: 12/01/2017 CA0410-17007997-42 0 EXHIBIT B (05-06-16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POUCY-1990 EXCLUSIONS FROM COVERAGE The follol\ing matters are expressly excluded rrom the coverage of this policy and the Company ,..;11 not pay loss or damage, costs, attorneys' fees or expenses which anse b)' reason of: 1. (a) Any )aw, ordinance or governmental regulation (including but not limited lo building or zoni~g laws. ordinances, or regulations) restricting, regulatw;i. prohibiting or relating (i) tl1e occupancy, use, or enjoyment of the land; (ii) the character. dimensions or looation of any improvement now or herealter erected on Im! land, (iii) a separation ,n ma,ersh1p or a change In the d1mer,sions or area or the larld or any parcel of which the land I• or was a part, or (1v) environmental protection. or the ertect of any violation 01 these laws, ordinances or governmental regulations, except to the extent that a notice ol the enrorcement thereof or a notice ol a defect, lien, or encumbrance resulting from a violation or alleged viol at Ion affecting the land has beoo recorded in the public records at Date or Polley. (b) Any governmental pol Ice p<>Wer not excluded by (a) above, except to the extent that a notice ol the exercf.., thereof or notice ol a dered, lien o, encumbrance resulting from a violation or alleged violation afrectlng the land has been recorded in !he public recorda at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has t>een recorded In the public records at Date of P~Icy. but not excluding from coverage any taking which has occurred prior to Date of Policy which would be blndlng on the rights of a purchaser !or value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters a. whether or not recorded In the pubtlc records at Date of Policy, but created, euffered. assumed or agreed to by lhe lr\Sured claimant, b not known to the Coml)any, not recorded in the public records at Date of Polley, but known to Iha Insured da;mant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became en Insured under this policy; c. resulting in no loss or damage to the Insured claimant, d attaching or created sub!lequent to Date of Policy; or e. resulting In lass or damage which W<luld not have been sustained II the in•ured claimant had paid value for the insured mortgage or for the estate or interest Insured by this policy 4. Unenforceability ol U,e lien of the Insured mortgage because or the Inability or fa I lure or the insured at Date of Polley, or the inability or failure of any su1>se<iuent owner of the indebtedness, to comply >Mth the appllcabte doing business la'MI of the state in which the land Is situated. 5. Invalidity or unenforceabmty of the lien of the insured mortgage, or cialm 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 lend;ng law. 6. Any claim, which arises out ol the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interKt cf the Insured lender, by reason ol lhe operation ol rederal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This pol Icy does not insure against loss or damage (and the Coml)any will not pay costs. attorneys· fees or expenses) which arise by reason or 1. Taxes or assessments which ere not shown as existing liens by the records ol any taxing authorrtythat levre,i taxe,i er assessmenls on real property or by the public records. Proceedings by a public agency which may result in taxes or assHsments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, nghts, jntere,;ts, or claims which are not shov,n by tlie public records but which could be ascertained by an Inspection o! U,e land or which may be a"""rted by persons In po,;sesslon thereof. 3. Ea$8ments. liens or encumbrances, or claims lhereol, which are not shov,n by the public recotds. 4. Discrepancies, confl1cta in boundary lines. shortage In area, encroachments. or any other facts which a correct survey W<luld disclose. and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) re&ervat1ons or exceptions In patents or in Acts authorizing the Issuance 1hereof: (c) water rights. claims or title to waler, whether or not the matters excepted unde< (a), {b) or (c) are showr, by the public records. 6. Arly lien or right to a lien for services, labor or material not shown by the public records. CL TA/ALTA HOMEOWNER'$ POLICY OF TITLE INSURANCE (12-02~13) EXCLUSIONS In ..:tdrtion lo the Exceptions in Schedule B, You are not Insured against loss. costs, attorneys' fees. and expenses resulting rrom: 1. Governmental police power. end the existence or violation of those portions of any );iw or government regulation concerning a. l>ulld1ng: b zoning; c. land use: d. improvements on \he Land: land division; envlrcnmental protection This Exclusion does not limit the coverage described In Covered Rjsk B.a .. 14, 15, 16, 18, 19. 20, 23 or 27, 2. Trte failure of Your existing structures, or any !)art or them, to be constructed In accordance with applicable building codies. This Exclusion does not hm1tthe coverage described In Covered Risk 14 or 15. 3. Tt>e right to take the Land by condemning~. Thie Exclusion does not llmll the coverage des,::ribed In Covered Risk 17. 4. Risks a that are created. allowed, or agreed lo by You, whethe< or not they appear In the Public Records; b. that are Known to You at the Polley Date, but not to Us. unless they are recorded In the Public Records at the Polley Date: c. that result In no loss to You; or d. that first occur after the Polley Date. this does not limit the coverage described In Covered Rrnk 7, 8.e. 25, 26. 27 or 28. 5. Fa,lureto pay value for Your Title. 6. Lack of a right· a. to any land outside the area specifically described and referred to In paragraph 3 or Schedule A; and b. In streets, alley&, or waterways that tO\Jch 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 8. Contamination. explosion, fire, flooding, vlbra1Ion, 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 follo..w. • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount end Our Maximum Dollar Limit of Liability shawn in Schedule A The deductible amounts and maximum dollar limi!s shown on Schedule A are as lollo..w overed Risk 16 overed Risk 18: overed Risk 19: overedRIsk21· , 1% of Polio" Amount er $2,500.00 (whichever Is less 1% of Poli'"' Amount er $5,000.00 chever Is less 1% olP0II~• Amount or $5,000.00 /whichever Is Jess) 1% of Polio Amount or $2.500.00 /whichever >s less 10,000.00 25,000.00 25,000 00 5 000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The follo\Mr,g matters are expressly excluded from the coverage ot this policy, and the Company \MU not pay loss or damage, c:osts, attorneys' fees. or expenses that al1se by "'""on cf: 1. (a) Any law, ordinance, permit, er governmental regulation (IncludIng those relating to building end zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (Ii) the character, dimensions, er location of any improvement erected on the Land: (Hi) the subdivision of land; 01 (iv) environmental protection: or the effect of any vi~alion of these la,,s, ordinances. er governmental regulatiQnS. This Exdus1on 1(a) doeo not modify or limrt the coverage prov;ded under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covere<J Risk 6 2. Rights cf eminent domain. This Exclusion doe• 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 lo by the Insure<! Claimant; (b) not Known to tlie Company, not recorded In the Publrc Records at Date cf 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 1hIs policy: (c) resulting in no loss or damage to the Insured Claimant (d) a\tachlng er created subsequent to Date of Policy (however. this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14): or (e) rewlting in IOS!i or damage that would riot tiave been suatained if the )nsured Claimant had paid value for1he lrmJred Mortgage. 4. Unenlorceabillty of the lien of the Insured Mortgage because cf the Inability or !allure of an Insured to comply with applicable doing business laws of the state where Iha I.arid Is ~tuated. 5 lnvalrdity or unenforceabllity In whole or in part of the lien of the Insured Mortgage that arises out of the transaction e~ldenced by the Insured Mortgage arid Is based upon u~ury or any consumer credit protection ortruth•in•lendlng law. 6. Any claim, by reasoo of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. that the ttansaci1on creahng the lien of the Insured Mongage, i• (a) 11 fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer /or any reaMn not stated In Covered Risk 13(b) of this policy 7. Any lien on the Hie for real estate taxe& or assessmoots lmpoS<!d by governmental authority and created 01 attaching between Date of Policy and the data or recording ot the Insured Mortgage In the Public Records. This Exclusion does not modify or llmlt the coverage provided under Covered Risk 11(b) The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions lrom Coverage in a Standard Coverage policy~II also lnciude the follo,,,;ng EKceptlons from Coverage EXCEPTIONS FROM COVERAGE PART I This pohcy does not insure ~gainst loss or damage (and the company will not pay costs. attorneys' fees or expenses) which arise by reason ,, 1. (a) taxes or_a,.,,easments v'11ich are not shawn as exi~tlng hens by the records ol any_ taxing authority that levies taxes or assessments on real property or by the public records. (b) Proceedmas by a pubt1c agency which may tesult m laxes or assessments, or not,ces of such proceedings, whether or not sh awn by the records cf such agency or by the public records. 2. Any facl!I, rights, Interests, or claims that are not shawn by the Public Records but that could be ascertained by an Inspection or the Land or that may be asserted by persons In possession of the Land 3 Ea$8ments, liens or encumbrances, or claims thereof, which are not shown by 1he Public Records. 4. Any encroachme,rt. _encumbrance, violation, variation, or_adverse circumstance affecting_ the Title.that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records 5 (a) unpatented mining clatms: (b) reservations or exceptions In patents or In Acts authorizing the ,ssuance thereof, (c)water nghts, claims or ~tie to water. whether or riot the matters excepted under (a), (b) or (cl are shown by 1he pubtic records 6 Any lien or right to a lien for services, labor or material not shown by the public rec:ords. PART II In add1t1on to the matter,; set forth in Part I of this Schedule, the Hie Is subject to the following matters, and the Company Insures against los$ or damage sustained In the event that they are not suDOrdInate to the lien of the Insured Mortgage /Exhibit B Created: 12/01/2017 CA041 0-17007997-42 -·" 2006 ALTA OWNER'S POLICY {06-17-06) EXCLUSIONS FROM COVERAGE The following matte':' are expressly excluded from 1he coverage olthis policy, and the Company will not p.y loss or damage, costs, attorney,;: lees, or expenses that arise by reason of: 1 (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricilng, regulating, prchlbitmg, or relating to (i) the occupaMy, use. or enjoyment of the Lal'ld; (ii) the character, dimensions, or location or any improvement erected on the Land: (iii) the subdivision or land: or (W] erwironmental protection; or the effect of any violation of1hese laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limlt the coverage provided under Covered Risk 5. (b) Any govemmental police power. This Exclusion 1(b) does not modify or lim~ the CO'lerage provided under Covered Risk 6. 2. Rights of eminent domain. This ExclL1Sion does not modify or lim~ the CO'lerage provided under Covered Risk 7 or a. 3. Defec!s, !lens, encumbrances. advenie claims. or other matteni (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 arid nol disclosed in wnting to the Company by the Insured Claimant prior to 111e 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 subaequent to Date ol Policy (however. \hia does no! modify or limit the ooverage provided under Covered Risk 9 and 10): or (e) resulting In losa or damage that woo Id not have Deen sustained If the Insured Claimant had paid value for the Title. 4. Any claim, by reaaon or the operation of federal bankruptcy, state lnaolvency. or similar creddor&' OghlS law.i, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent trans/er, or (b) a preferential transfer lor any reaaon not stated In Covered Riek 9 of this policy. 5. Any lien on the Tille for real estate taxes or assessments imposed by governmental authority and created or attaching between Oate of Policy and the date ol recording or the deed er other Instrument of transfer in the Public Reeordi;; 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 lo the above Exclusions ITomCoverage, the Exceptions from Coverage in a Standard Coverage ?Olicy ,,,;11 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' fee,; or expenses) v,t,1ch arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records or any taxing authorny that levies taxes or asse,;sments on real property or by the public records Proceeding$ by a public agency which may result in taxes or assesaments, er notlc611 or such proceedings, whether or not Shown by the records of auch agency or by the public records 2 Any !acts, rights, Interests or claims which are not shown by the public reoords but which could be ascertained by an Inspection or the land or by making Inquiry oT persons in posseS$ion thereof. Ea&ementg, liens or encumbrances, or claims lhereOI, which are not shown by the public records. Any encroachment, encumbrance. violation, variation, or adverse circumstance arrecting the Title that would be disclosed by an accurate and complete land survey al the Land and that are not shown by the Public Records. {a) unpatented mining claims; (b) reaervation11 or exceptions In pa!ents or In Acts authonzing tM Issuance thereof, M water rights. claims or t1Ue to water, 'Wet her or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right lo a lien for services, labor 01 material not sh°'"" by the public records. AL TA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (04-02-15) EXCLUSIONS FROM COVERAGE The following ma1ters are expressfy excluded from the coverage Olthls policy and the Company will not pay losa or damage, coats, attorneys fees or expenseswhlch arise by reason of; 1. a. Any law, ordinance or governmental regulation (Including bu! not limited to building and zoning laws, ordinances, or regulations) restrtcting, regulating. prohibiting or ,elating to (1) the occupancy, use, or enjoyment of the Land; (11) the character. dimensions or location or any improvement now or hereafter l!fected on the Land; (iii) the sut>::1iv1Gion of land; or (IV) environmental protection or the effect of any violation of these laws, ordinance,;, or governmental regulations. This faclusion 1(a) does not modify 01 limit the coverage provided under Covered Risk 5, 6. 13(c), 13(d), 14 or 16. b, Any governmental police pawer. This Exclusion 1(b) does not modify or lim~ the coverage provided under Covered Risk 5, 6, 13(c), 13Id), 14 or 16. 2. Rrghts of eminent domain. This ExCluslon does not modify or limn the coverage provided unde< Covered Risk 7 or 8 3. Dalects, 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 reoorded In the Pubkc Reoords at Date of Policy, but Known to the Insured Claimant and not disclosed In v,nting to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this pol Icy; (c) resulting In no loss or damage !othe Insured Claimant; (d) attachlrtg or created sul>sequentto Dale of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11. 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e] resulting In loss or damage which 'M>Uld not have been sustained 11 the Insured Claimant hsd paid value for the Insured Mortgage. 4. Unenforceability or the lien of the Insured Mortgage because of the inabllit)' or Isl lure of an Insured to comply with a,:plicable doingbuslneS$ laws o! the state where the Land is situated 5. Invalidity or unenlorceabllity In whole or in part or the lien of the Insured Mortgage that arises out of the transaction evidenced by tM Insured Mortgage and IS based upon usury, or any consumer credit protection or truth~n-lending law. This Exclusion does not modify or llmll the coverage proVl<led in Covered Risk :26. 6. Any claim ol lnvalrdity, unenforceabll1ty or lackol priority of the lien of the Insured Mortgage as to Advances or modifications made alter the Insured has Knowledge that the vestee shown In Schedule A Is no longer the "'"'1er ol the estate or interest covered by this policy. This Exch,111ion does not modIly or lim~ the coverage provided In Covered Risk 11. 7. Any lien on the Title /or real estate laxes or assessments imposed by governmental authority and created or atlachl~ 1ub!lequent to Date of Policy. This Exclusion does not modify or limit the coverage provided In Covered Risk 11(b) or " 8 The failure oftrte residential structure, or any portion of It. to have been construc!ed before. on or after Date of Policy in accordance with applicable building codes. This Exclusion dOl!'S not modify or limit \he coverage provided In Covered Risk 5 or 6. 9 Any claim, by reason o! the operation of federal bankruptcy, state Insolvency, 01 similar creditors' rights I8\W, that tr.e transaction creating the lien of the Insured Mortgage. is (a) a fraudulent conveyance or fraudulent transler, or (b) a preferential transfer/or any reason not stated In Covered Risk 27(bl 01 this ?Olicy. 10 Contamination, explosion, fire, needing, vibration, fracturing, earthquake. or subsidence 11. Negligence by a person or en Entity exercisiflQ a right to extract or develop minerals, waler. or any other substances I Exhibit B Created: 12/01/2017 CA0410-17007997-42 CA0410-17007997-42 C 0 Statement of Information (Confidential) Note: This form is needed in order to eliminate judgments and liens against people with similar names The street address of the property in this transaction is: (if none, leave blank) Address City Occupied by: D Owner D Tenants D Lessee D Single Residence D Multiple Residence D Commercial D Vacant Land Any construction/improvements in last 6 months? D Yes D No Is any portion of new loan to be used for improvements? D Yes D No If yes, state nature of work done or contemplated Party 1 Party 2 First Middle Last First Middle Last Former last name(s), if any Former last name(s), if any Birthplace Birth Date Birthplace Birth Date Social Security No. Driver's License No. Social Security No. Driver's License No. I D am single D am married D Have a domestic partner I D am single D am married D Have a domestic partner Name of current spouse or domestic partner (if other than Party 2) Name of current spouse or domestic partner (if other than Party 1) Name of former spouse/domestic partner (if none, write "none") Name of former spouse/domestic partner (if none, write "none") Marriage or Domestic Partnership Between Parties 1 and 2 Are Parties 1 & 2: Married? ___ _ Domestic Partners?____ Date of Marriage/Domestic Partnership.: _______ _ Present Occupation Firm Name Prior Occupation Firm Name Number and Street Present Occupation Firm Name Prior Occupation Firm Name Number and Street Party 1 -Occupations for Last 10 Years Address Address Party 1 -Residences for Last 10 Years City and State Party 2 -Occupations for Last 10 Years Address Address Party 2 -Residences for Last 10 Years City and State Have any of the above parties owned or operated a business? • Yes • No If so, please list names No. of Years No. of Years From To No. of Years No. of Years From To I have never been adjudged, bankrupt nor are there any unsatisfied judgments or other matters pending against me which might affect my title to this property, except as follows: The undersigned declare under penalty of perjury that the above information is true and correct. (all parties must sign) Date Signature Signature Home Phone Work Phone Home Phone Work Phone Email Address Email Address CA0410-17007997-42 Title Company: Title Order No.: Escrow Holder: Escrow No.: "'"" stewart title 8880 Rio San Diego Drive #1100, San Diego, CA 92108 Main: (619) 564-5600 Direct: 619-564-5642 Fax: 855-302-1878 Stewart Title of California CA0410-17007997-42 The Heritage Escrow Company CA0410-17007997-42 CERTIFICATION OF TRUSTEES UNDER TRUST (California Probate Code Section 18100.5) 1. Declarant(s), the currently acting Trustee(s) of the Trust, certify the existence of the following described Trust and facts regarding said Trust: Name of Trust: ___________________________ _ Made Under the Laws of the State of ___________________ _ Date of Execution of Trust: _______________________ _ The name of the Trustee(s) now qualified to act under the Trust instrument and who are the only qualified Trustee(s): ____________________________ _ Settlor(s): ___________________________ _ Social Security No. or Employer Identification No. _______________ _ 2. Declarant(s) certify that if fewer than all currently acting Trustees are required to sign, the Trustee(s) named below are all those necessary to execute documents on behalf of the Trust: Trustee(s) 3. Declarant(s) certify that the Trust is in full force and effect and has not been revoked, terminated, or otherwise amended in any manner which would cause the representation in this Certification to be incorrect, except as follows: The Trust is • irrevocable D revocable and the person(s) holding the power to revoke is/are: 5. The manner in which title to Trust assets is to be taken is: 6. Declarant(s) state that the above named trustee(s) is/are fully empowered to act for said trust and is/are properly exercising his/her/their authority under said Trust in negotiating for, contracting for, and executing these document(s). 7. Declarant(s) state(s) that to the best of his/her/their knowledge, there are no claims, challenges of any kind or causes of action alleged, contesting or questioning the validity of the Trust or the trustee's authority to act for the trust. CA0410-17007997-42 C 0 This document is to be signed by all of the currently acting Trustees: I declare that the statements contained herein are true and correct and are made under penalty of perjury, this __ day of ______ ~ 20 __ . Signature Address Name (Type or Print) Signature Address Name (Type or Print) Subscribed and sworn (or affirmed) before me on this ___ day of ___________ ~ 20 __ ,by _________________ ~ proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Signature: ______________ _ Space below reserved for notary seal. CA041 0-17007997-42 BOE-502-A (P1) REV. 12 (05-13) PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by the transferee (buyer) prior to a transfer of subject property, in accordance with section 480.3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located. NAME AND MAILING ADDRESS OF BUYER/TRANSFEREE (Make necessary corrections to the pn"nted name and mail1"ng address) Bret Macinnes 4563 Cove Dr Ca~sbad, CA 92008 STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY 4563 Cove Drive, Carlsbad, CA 92008 MAIL PROPERTY TAX INFORMATION TO (NAME) Bret Macinnes ASSESSOR'S PARCEL NUMBER 207-150-20-02 SELLER/TRANSFEROR Carol J Gray BUYER'S DAYTIME TELEPHONE NUMBER BUYER'S EMAIL ADDRESS ADDRESS f CITY !Carlsbad STATE ZIP CODE 4563 Cove Dr CA 92008 D YES D NO Th!s property is intended as my principal residence. lf YES, please indicate the dale of occupancy I MO or intended occupancy, DAY YEAR PART 1. TRANSFER INFORMATION Please complete all statements. YES NO • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • This section contains possible exclusions from reassessment for certain types of transfers. A. This transfer is solely between spouses (addition or removal of a spouse, death of a spouse, divorce settlement, etc.). B. This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal of a partner, death of a partner, termination settlement, etc.). *C. This is a transfer: • between parent(s) and child(ren) • from grandparent(s) to grandchild(ren). *D. This transfer is the result of a cotenant's death. Date of death ___________ _ *E. This transaction is to replace a principal residence by a person 55 years of age or older. Within the same county? • YES • NO *F. This transaction is to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69.5. Within the same county? • YES • NO G. This transaction is only a correction of the name(s) of the person(s) holding title to the property (e.g., a name change upon marriage). If YES, please explain: -------------------------------------~-- H. The recorded document creates, terminates, or reconveys a lender's interest in the property. I. This transaction is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g., cosigner). If YES, please explain: J. The recorded document substitutes a trustee of a trust, mortgage, or other similar document. K. This is a transfer of property: 1. to/from a revocable trust that may be revoked by the transferor and is for the benefit of D the transferor, and/or • the transferor's spouse • registered domestic partner. 2. to/from a trust that may be revoked by the creator/grantor/trustor who is also a joint tenant, and which names the other joint tenant(s) as beneficiaries when the creator/grantor/trustor dies. 3. to/from an irrevocable trust for the benefit of the • creator/grantor/trustor and/or • grantor's/trustor's spouse • grantor's/trustor's registered domestic partner. L This property is subject to a lease with a remaining lease term of 35 years or more including written options. M. This is a transfer between parties in which proportional interests of the transferor(s) and transferee(s) in each and every parcel being transferred remain exactly the same after the transfer. N. This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions. *0. This transfer is to the first purchaser of a new building containing an active solar energy system. • Please refer to the instructions for Part 1. Please provide any other information that will help the Assessor understand the nature of the transfer. THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION CA0410-17007997-42 C 0 BOE-502-A (P2) REV. 12 (05-13) PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable. A. Date of transfer, if other than recording date: ____________ _ B. Type of transfer: • Purchase • Foreclosure • Gift D Trade or exchange • Merger, stock, or partnership acquisition (Form BOE-100-B) • Contract of sale. Date of contract:_______ D Inheritance. Date of death: _______ _ • Sale/leaseback • Creation of a lease • Assignment of a lease • Termination of a lease. Date lease began: _______ _ Original term in years (including written options); ___ Remaining term in years (including written options): __ _ • Other. Please explain: ______________________________________ _ C. Only a partial interest in the property was transferred. • YES • NO If YES, indicate the percentage transferred: % PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. A. Total purchase price. B. Cash down payment or value of trade or exchange excluding closing costs Amount$, _______ _ C. First deed of trust @ % interest for _____ years. Monthly payment $, ______ _ Amount$, ________ _ • FHA (__Discount Points) • Cal-Vet • VA (__Discount Points) • Fixed rate • Variable rate • Bank/Savings & Loan/Credit Union • Loan carried by seller • Balloon payment$ ______ _ Due date: ________ _ D. Second deed of trust@ _____ % interest for _____ years. Monthly payment$ _____ _ Amount$, _______ _ • Fixed rate • Variable rate • Bank/Savings & Loan/Credit Union • Loan carried by seller • Balloon payment$ Due date: _______ _ E. Was an Improvement Bond or other public financing assumed by the buyer? • YES • NO Outstanding balance$ ________ _ F. Amount, if any, of real estate commission fees paid by the buyer which are not included in the purchase price $, ________ _ G. The property was purchased: • Through real estate broker. Broker name: ________ _ • Direct from seller • From a family member-Relationship _________ _ Phone number: L_L ______ _ •Other.Please explain:------------------------------------------- H. Please explain any special terms, seller concessions, broker/agent fees waived, financing, and any other information (e.g., buyer assumed the existing loan balance) that would assist the Assessor in the valuation of your property. PART 4. PROPERTY INFORMATION Check and complete as applicable. A. Type of property transferred • Single-family residence • Multiple-family residence. Number of units: __ • Co-op/Own-your-own • Condominium • Other. Description: (i.e., timber, mineral, water rights, etc.) • Timeshare • Manufactured home D Unimproved lot • Commercial/Industrial 8. • YES • NO Personal/business property, or incentives, provided by seller to buyer are included in the purchase price. Examples of personal property are furniture, farm equipment, machinery, etc. Examples of incentives are club memberships, etc. Attach list if available. If YES, enter the value of the personal/business property: $ ________ _ Incentives$ _________ _ C. • YES • NO A manufactured home is included in the purchase price. If YES, enter the value attributed to the manufactured home: $ ______ _ D YES D NO The manufactured home is subject to local property tax. If NO, enter decal number: ________ _ D. • YES • NO The property produces rental or other income. If YES, the income is from: • Lease/rent O Contract • Mineral rights • Other: _________________ _ E. The condition of the property at the time of sale was: • Good • Average • Fair • Poor Please describe: CERTIFICATION I certify (or declare) that the foregoing and all information hereon, including any accompanying statements or documents, is true and correct to the best of my knowledge and belief SIGNATURE OF BUYER/TRANSFEREE OR CORPORATE OFFICER DATE TELEPHONE • NAME OF BUYER/TRANSFEREE/LEGAL REPRESENTATIVE/CORPORATE OFFICER (PLEASE PRINT) TITLE E-MAIL ADDRESS The Assessor's office may contact you for addll1onal information regarding this transaction. CA0410-17007997-42