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2017-06-13; City Council; ; Adopt a Resolution authorizing the city manager to execute the Declaration of Restrictive Covenants for the Lake Calavera mitigation sites with in Lake Calavera Preserve
Page 116 Fiscal Analysis Not applicable. Next Steps After the Declaration of Restrictive Covenants is executed by the city it will be forwarded to the San Diego County Recorder for recordation. The document will then be filed with the California Department of Fish and Wildlife, the California Regional Water Quality Control Board and the US Army Corps of Engineers, which will enable these agencies to approve completion of the mitigation requirements. The Restrictive Covenant will also protect the land from future development in perpetuity, and requires the preserve manager to maintain the restored condition of the habitat. Environmental Evaluation (CEQA) A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Calavera Dam Remedial Improvements project (CUP 04-11). The MND was adopted by the Planning Commission on Jan. 18, 2006, in compliance with the California Environmental Quality Act (CEQA) Guidelines Section 15074. The Restrictive Covenants is a condition of approval for the project and, therefore, no further environmental review is required. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. Resolution authorizing the city manager to execute the Declaration of Restrictive Covenants for the lake Cal avera mitigation sites within lake Calavera Preserve. 2. location Map. PLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: Daniel Zimny Assistant Engineer City of Carlsbad -Public Works AND WHEN RECORDED MAIL TO: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 DOC# 2017-0559112 11111111111111111111111111111111111111111111111 IIIII IIIII 1111111111111 Dec 01, 2017 09:20 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES: $228 00 PAGES: 72 THIS SPACE FOR RECORDER'S USE ONLY Declaration of Restrictive Covenant APN: 168-020-65-00 and 168-040-02-00 9/95 Rec.Form #R25 (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) ') // o' Page 119 168-020-65-00, 168-040-02-00. E. Declarant desires to preserve and protect the Restricted Property pursuant to the City of Carlsbad Preserve Management Plan dated September, 2011 ("Management Plan"), an adaptive habitat management plan which may be revised from time to time and which is incorporated herein by this reference. F. The United States Army Corps of Engineers ("ACOE") is the federal agency charged with the primary responsibility for regulating activities in waters of the United States, including wetlands, with regulatory authority over discharges of dredged and fill material into such waters pursuant to Section 404 of the Clean Water Act. G. The United States Fish and Wildlife Service ("USFWS") has jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife and native plants and the habitats on which they depend under the Endangered Species Act, 16 U.S.C. Section 1531 et. seq., the Fish and Wildlife Coordination Act, 16 USC, Section 661-666c and other applicable federal laws. H. California Department of Fish and Wildlife ("CDFW") has jurisdiction, pursuant to Fish and Game Code Section 1802, over the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species, and the Department ofFish and Game is authorized to hold easements for these purposes pursuant to Civil Code Section 815.3, Fish and Game Code Section 1348, and other provisions of California law. I. The City of Carlsbad ("City") is a municipal corporation with a Habitat Management Plan for Natural Communities in the City of Carlsbad ("HMP") adopted by its City Council in November 2004, with the overall goal of contributing to regional biodiversity and the viability of rare, unique or sensitive biological resources throughout the City and the larger region while allowing public and private development to occur consistent with the Carlsbad General Plan and Growth Management Plan. J. The Carlsbad Municipal Water District ("District") is a subsidiary district of the City of Carlsbad pursuant to the provisions of the Cortese-Knox Local Government Reorganization Act of 1985 with responsibilities including, but not limited to, planning and management of water resources, operation of the water system, and construction, repair, and replacement of water distribution infrastructure. COVENANTS. TERMS. CONDITIONS AND RESTRICTIONS NOW THEREFORE, Declarant hereby declares the Restricted Property shall be held, transferred, conveyed, leased, occupied or otherwise disposed of and used subject to the following restrictive covenants, which shall run with the land and be binding on Declarant's heirs, successors in interest, administrators, assigns, lessees, or other occupiers and users of the Restricted Property or any portion of it. 1. Purpose. (a) The purpose of this Restrictive Covenant is to ensure the Restricted Property will be retained in perpetuity in a Natural Condition, defined below, and to prevent any use of the 2 Page 120 168-020-65-00, 168-040-02-00. Restricted Property that will impair or interfere with the Conservation Values of the Restricted Property (the "Purpose"). Declarant intends that this Restrictive Covenant will confine the use of the Restricted Property to such activities, including without limitation, those involving the preservation and enhancement of native species and their habitat in a manner consistent with the habitat conservation purposes of this Restrictive Covenant. (b) The term "Natural Condition," as referenced in the preceding paragraph and other portions of this Restrictive Covenant, shall mean the condition of the Restricted Property as it exists at the time this Restrictive Covenant is executed, as well as future enhancements or changes to the Restricted Property that occur directly as a result of the following activities: (1) Habitat creation or restoration, including implementation, maintenance and monitoring activities, required for the projects by City of Carlsbad and/or other permitting agencies; (2) Compensatory mitigation measures, including implementation, maintenance and monitoring activities, required by the City of Carlsbad and/or other permitting agencies as described in the applicable mitigation and monitoring plan; (3) In-perpetuity maintenance ("Long-Term Maintenance, Management, and Monitoring"), that occurs on the Restricted Property as described in the Management Plan and Section 6 herein; or (4) Activities described in Section 4 herein. (c) Declarant certifies to CDFW, USFWS, and ACOE that, to Declarant's actual knowledge, there are no structures or other man-made improvements other than the existing dam and related improvements existing on the Restricted Property. Declarant further certifies to CDFW, USFWS, and ACOE that, to Declarant's actual knowledge, there are no previously granted easements existing on the Restricted Property that interfere or conflict with the Purpose of this Restrictive Covenant as evidenced by the Title Report attached at Exhibit "C". The current Natural Condition is evidenced in part by the depiction of the Restricted Property attached on Exhibit "D", showing all relevant and plottable property lines, easements, dedications, improvements, boundaries and major, distinct natural features such as waters of the United States. Declarant has delivered further evidence of the Natural Condition to City, CDFW, USFWS, and ACOE (1) a color aerial photograph of the Restricted Property at an appropriate scale taken as close in time as possible to the date this Restrictive Covenant is executed; (2) an overlay of the Restricted Property boundaries on that aerial photograph; and (3) on-site color photographs showing all natural features of the Restricted Property. (d) If a controversy arises with respect to the Natural Condition of the Restricted Property, CDFW, USFWS, and/or ACOE shall not be foreclosed from utilizing any and all other relevant documents, surveys, photographs or other evidence or information to assist in the resolution of the controversy. 3 Page 121 168-020-65-00, 168-040-02-00. (e) The term "Biological Monitor" shall mean an independent third-party consultant with knowledge of upland and aquatic resources in the San Diego County area and expertise in the field ofbiology. 2. Declarant's Duties. Declarant, its successors and assigns shall: (a) Undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities would be inconsistent with the Conservation Values and would violate the permitted uses of the Restricted Property set forth in this Restrictive Covenant; and (b) Install and maintain a fence around the Restricted Property where necessary to protect the Conservation Values of the Restricted Property; and (c) Post and maintain signage in or adjacent to the boundary areas of the Restricted Property as described in Section 4@; and (d) Comply with the terms of this Restrictive Covenant and cooperate with CDFW, USFWS, and ACOE in the protection of the Conservation Values; and (e) Repair and restore damage to the Restrictive Property directly or indirectly caused by Declarant, Declarant's guests, representatives or agents and third parties; provided, however, Declarant, its successors or assigns shall not engage in any repair or restoration work in the Restricted Property without first consulting with CDFW, USFWS, and ACOE pursuant to Section §;and (f) Undertake construction, maintenance and monitoring of mitigated areas pursuant to the applicable mitigation and monitoring plan until receipt of final approval of the success of the mitigation from CDFW, USFWS, and ACOE ("CDFW/USFWS/ACOE Final Approval"); and (g) Obtain any applicable governmental permits and approvals for any activity or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements; (h) Perform in-perpetuity Long-Term Maintenance, Management, and Monitoring set forth in Section 6 below; and (i) Perform an annual compliance inspection of the Restricted Property, prepare an inspection report and shall make reports available to CDFW, USFWS, and ACOE and the City upon request. 3. Prohibited Uses. Any activity on or use of the Restricted Property inconsistent with the Purpose of this Restrictive Covenant and not reserved as set forth in Section 4 hereof is prohibited. Without limiting the generality of the foregoing, the following uses by Declarant, and its respective guests, 4 Page 122 168-020-65-00, 168-040-02-00. agents, assigns, employees, representatives, successors and third parties, are expresslyprohibited, except as otherwise provided herein or unless specifically provided for in the, applicable mitigation and monitoring plan, Management Plan, Section 404 Permit, Streambed Alteration Agreement and any easements and reservations of rights recorded in the chain of title to the Restricted Property at the time of this conveyance (as set forth in Exhibit C hereto): (a) Supplemental watering except for habitat enhancement activities described in Section 4.(hl; (b) Use of herbicides, pesticides, rodenticides, biocides, fertilizers, or other agricultural chemicals or weed abatement activities, except weed abatement activities necessary to control or remove invasive, exotic plant species conducted by a herbicide applicator licensed to workwithin habitat preserve areas; (c) Incompatible fire protection activities, except the fire prevention activities set forth in Section 4ffi; (d) Use of off-road vehicles and use of any other motorized vehicles except on existing roadways and as necessary to restore native plant communities consistent with Section 4. (e) Livestock grazing or other agricultural activity of any kind; (f) Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing, except as allowed in the Management Plan; (g) Residential, commercial, retail, institutional, or industrial uses; (h) Any legal or de facto division, subdivision or portioning of the Restricted Property, except transfers in accordance with Section 16 below; (i) Construction, reconstruction or placement of any building or other improvement, billboard, or signs except signs permitted in Section 2(c) and Section 4(d); (j) Depositing, dumping or accumulating soil, trash, ashes, refuse, waste, bio-so1ids or any other material; (k) Planting, introduction or dispersal of non-native or exotic plant or animal species; (1) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, gravel, soil, rock, sand or other material on or below the surface of the Restricted Property; (m) Altering the general topography of the Restricted Property, including but not limited to building of roads, trails, and flood control work; (n) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as necessary for (1) emergency fire protection as required by fire safety officials as set forth in Section 4ffi, (2) controlling invasive, exotic plants which threaten the integrity of the habitat, (3) 5 Page 123 168-020-65-00, 168-040-02-00. preventing or treating disease, (4) completing the applicable mitigation and monitoring plan, or (5) activities described in Section 2, Section 4 and Section 13; ( o) Manipulating, impounding or altering any natural watercourse, body of water or water circulation on the Restricted Property, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters, except as necessary to complete the applicable mitigation and monitoring plan; and (p) Fuel modification zones (defined as a strip of mowed land or the planting of vegetation possessing low combustibility for purposes of fire suppression). 4. Declarant's Reserved Rh:hts. Declarant reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Restricted Property, including the right to engage in or to permit or invite others to engage in all uses of the Restricted Property that are consistent with the Purpose of this Restrictive Covenant, including the following uses: (a) Access. Reasonable access through the Restricted Property to adjacent land over existing roads, or to perform obligations or other activities permitted by this Restrictive Covenant or that are required under the Section 404 Permit or Streambed Alteration Agreement. In addition, police and other public safety organizations and their personnel may enter the Restricted Property to address any legitimate public health or safety matter. (b) Habitat Enhancement Activities. Enhancement of native plant communities, including the right to plant trees and shrubs of the same type as currently existing on the Restricted Property, so long as such activities do not harm the habitat types identified in the Section 404 Permit or Streambed Alteration Agreement Permit. For purposes of preventing erosion and reestablishing native vegetation, the Declarant shall have the right to revegetate areas that may be damaged by the permitted activities under this Section 4, naturally occurring events or by the acts of persons wrongfully damaging the Natural Condition of the Restricted Property. Prior to any habitat enhancement activities, Declarant shall have its Biological Monitor submit detailed plans to CDFG, USFWS, and ACOE for review and approval. Habitat enhancement activities shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, permitting requirements and Management Plan. (c) Vegetation, Debris, and Exotic Species Removal. Removal or trimming of vegetation downed or damaged due to natural disaster, removal of man-made debris, removal of parasitic vegetation (as it relates to the health of the host plant) and removal of non-native or exotic plant or animal species. Vegetation, debris, and exotic plant species removal shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, permitting requirements, and Management Plan. (d) Erection and Maintenance of Informative Signage. Erection and maintenance of signage and other notification features saying "Natural Area Open Space," "Protected Natural Area," or similar descriptions that inform persons of the nature and restrictions on the Restricted 6 Page 124 168-020-65-00, 168-040-02-00. Property. Prior to erection of such signage, the Declarant shall submit detailed plans showing the location of such signs to CDFG, USFWS, and ACOE for review and approval. The erection and maintenance of informative signage shall not be in direct or potential conflict with the preservation of the Natural Condition ofthe Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, and permitting requirements. (e) No Interference with Development of Adjoining Property. Notwithstanding anything set forth herein to the contrary, nothing in this Restrictive Covenant is intended nor shall be applied to in any way limit Declarant or any of Declarant's successors and assigns from (1) constructing, placing, installing, and/or erecting any improvements upon the portions of the Project not constituting the Restricted Property, (2) installing and/or maintaining the subsurface infrastructure improvements, utility lines, landscaping (including irrigation and runoff), landscape mitigation, and/or similar non-structural improvements within the Restricted Property, and/or (3) developing adjoining property for any purposes, except as limited by any local, state or federal permit requirements for such development and provided that for all of the above clauses (1 ), (2), and (3) neither such activity nor any effect resulting from such activity amounts to a use of the Restricted Property, or has an impact upon the Restricted Property, that is prohibited by Section3 above. (f) Fire Protection. The right, in an emergency situation only, to maintain firebreaks (defined as a strip of plowed or cleared land made to check the spread of a fire), trim or remove brush, otherwise perform preventative measures required by the fire department to protect structures and other improvements from encroaching fire. All other brush management activities shall be limited to areas outside the Restricted Property. (g) Water Facility Operations and Maintenance. The right to operate Lake Calavera as a flood control facility and comply with the applicable state and federal statutes, regulations, and guidelines pertaining to the supervision of dams and reservoirs and any requirements of the State of California Division of Safety of Dams including, but not limited to, the following activities: Removal of vegetation from the dam face and spillway apron and channel; Maintenance and repair of the dam and spillway apron and channel; Maintenance of piping, intake/outlet works and valves, operations control building, and associated fencing, lighting and access roads; Control of water level between 194 and 214 feet amsl through impoundment and draining of water, (h) Trail Improvement and Maintenance. Perform in-perpetuity trail maintenance, management and improvements in conformance with the Management Plan and the Lake Calavera Trails Mitigation and Monitoring Measures outlined in Permit No. HMP 09-05 including, but not limited to, the following activities: Removal of trash, pet waste and debris from litter containers and alongside trails; 7 Page 125 168-020-65-00, 168-040-02-00. Removal of invasive plants in and alongside the trail to maintain established and approved trail widths; Shrub and tree pruning as needed to maintain established and approved trail widths; Repair, upkeep, and replacement of trail kiosks, signage, markers, pet stations, fencing, benches, picnic tables and all other trail site furnishings; Removal of fallen trees; Erosion control and drainage improvements; Regular and at minimum, monthly trail inspections; Installation and maintenance of BMP's such as silt fencing and other sediment trapping devices as needed in order to prevent runoff from entering water systems and contributing or causing trail erosion. 5. Access. This Restrictive Covenant does not convey a general right of access to the public or a general right of access to the Restricted Property. Trail access for the public shall be restricted to areas designated by the Declarant pursuant to the approved Lake Calavera Trails Master Plan, as amended from time to time. In accordance with Section 4@, Declarant shall install signage at all likely points of entry informing persons of the nature and restrictions on the Restricted Property. This Restrictive Covenant will allow for access to the Restricted Property by CDFW, USFWS, and ACOE, and third-party easement holders of record at the time of this conveyance at locations designated in easements and reservations of rights recorded in the chain of title to the Restricted Property at the time of this conveyance 6. Lon2-Term Maintenance. Mana2ement. and Monitorin2. In addition to the other terms contained herein, Declarant, its successor or assign shall be responsible for the maintenance/repair of the Restricted Property in perpeutity. Such long-term maintenance shall consist of the following activities: (a) annual removal, by hand, of trash or man- made debris, (b) annual maintenance of signage and other notification features or similar descriptions that inform persons of the nature and restrictions on the Restricted Property pursuant to Section 2(£)., (c) implement its responsibilities under the Management Plan and any amendments thereto, and (d) annual restoration of the Restricted Property damaged by any activities prohibited by Section 3 herein. Declarant, its successors and assigns shall prepare a monitoring and maintenance report documenting activities performed under subsections (a) through (c) above, and shall make reports available to CDFW/USFWS/ACOE upon request. When activities are performed pursuant to subsection (d) above, Declarant shall retain a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Declarant shall have its Biological Monitor submit a draft Restoration Plan to CDFW /USFWS/ ACOE for review and approval prior to its implementation. Upon completion of restoration as specified in the CDFW/USFWS/ACOE -approved Restoration Plan, Declarant shall have its Biological Monitor prepare a detailed monitoring report, and Declarant shall make the report available to 8 Page 126 168-020-65-00, 168-040-02-00. CDFW /USFWS/ ACOE within thirty (30) days of completion of restoration activities. Declarant, its successors or assigns and the Biological Monitor shall sign the monitoring report, and the report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on-site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration performance by the Declarant, its successors or assigns, or its contractor in accordance with the CDFW/USFWS/ACOE -approved Restoration Plan, corrections recommended and implemented. 7. Funding Declarant shall be responsible for funding of all maintenance, monitoring, and ongoing management on the Restricted Property. 8. CDFW. USFWS. and ACOE Rights. To accomplish the Purpose of this Restrictive Covenant, Declarant hereby grants and conveys the following rights to City, CDFW, USFWS, and ACOE (but without obligation of the City, CDFW, USFWS, andACOE): (a) A non-exclusive easement on and over the Restricted Property to preserve and protect the Conservation Values of the Restricted Property; and (b) A non-exclusive easement on and over the Restricted Property to enter upon the Restricted Property to monitor Declarant's compliance with and to otherwise enforce the terms of this Restrictive Covenant; and (c) A non-exclusive easement on and over the Restricted Property to prevent any activity on or use of the Restricted Property that is inconsistent with the Purpose of this Restrictive Covenant and to require the restoration of such areas or features of the Restricted Property that may be damaged by any act, failure to act, or any use that is inconsistent with the Purpose of this Restrictive Covenant; and (d) The right to enforce by means, including, without limitation, injunctive relief, the terms and conditions of this Restrictive Covenant. 9. Enforcement. (a) Right to Enforce. Declarant, its successors and assigns, grant to CDFW, USFWS, ACOE , Department of Justice, and the State Attorney General, a discretionary right to enforce these restrictive covenants in a judicial or administrative action against any person(s) or other entity(ies) violating or attempting to violate these restrictive covenants; provided, however, that no violation of these restrictive covenants shall result in a forfeiture or reversion of title. The U.S. Department of Justice, CDFW, and State Attorney General shall have the same rights, remedies and limitations as ACOE under this Section 9. The rights under this Section are in addition to, and do not limit rights conferred in Section 8 above, the rights of enforcement against Declarant, its successor or assigns under the Section 404 Permit, or any rights of the various documents created thereunder or referred to therein. (b) Notice. 9 Page 127 168-020-65-00, 168-040-02-00. (1) If CDFW, USFWS, and/or ACOE determines Declarant is in violation of the terms of this Restrictive Covenant or that a violation is threatened, CDFW/USFWS/ACOE may demand the cure of such violation. In such a case, CDFW/USFWS/ACOE shall issue a written notice to Declarant (hereinafter "Notice of Violation") informing Declarant of the violation and demanding cure of such violation. (2) Declarant shall cure the noticed violation within fifteen (15) days of receipt of said written notice from CDFW, USFWS, and ACOE. If said cure reasonably requires more than fifteen (15) days, Declarant shall, within the fifteen (15) day period submit to CDFW IUSFWS/ ACOE for review and approval a plan and time schedule to diligently complete a cure. Declarant shall complete such cure in accordance with the approved plan. If Declarant disputes the notice of violation, it shall issue a written notice of such dispute (hereinafter "Notice of Dispute") to the CDFW/USFWS/ACOE within fifteen (15) days of receipt of written notice of violation. (3) If Declarant fails to cure the noticed violation(s) within the time period(s) described in Section 9(b)(2) above, or Section 9.(£l_below, CDFW/USFWS/ACOE may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by Declarant with the terms of this Restrictive Covenant. In such action, the CDFWIUSFWS/ACOE may (i) recover any damages to which they may be entitled for violation by Declarant of the terms of this Restrictive Covenant, (ii) enjoin the violation, ex parte if necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or (iii) pursue other equitable relief, including, but not limited to, the restoration of the Restricted Property to the condition in which it existed prior to any such violation or injury. CDFW/USFWS/ACOE may apply any damages recovered to the cost of undertaking any corrective action on the Restricted Property. (4) If Declarant provides CDFW/USFWS/ACOE with a notice of dispute, as provided herein, CDFW /USFWS/ ACOE shall meet and confer with Declarant at a mutually agreeable place and time, not to exceed thirty (30) days from the date that CDFW/USFWS/ACOE receives the notice of dispute. CDFW/USFWS/ACOE shall consider all relevant information concerning the disputed violation provided by Declarant and shall determine whether a violation has in fact occurred and, if so, whether the notice of violation and demand for cure issued by CDFGIUSFWS/ACOE is appropriate in light of the violation. (5) If, after reviewing Declarant's notice of dispute, conferring with Declarant, and considering all relevant information related to the violation, CDFWIUSFWS/ACOE determines that a violation has occurred, CDFW/USFWS/ACOE shall give Declarant notice of such determination in writing. Upon receipt of such determination, Declarant shall have fifteen ( 15) days to cure the violation. If said cure reasonably requires more than fifteen (15) days, Declarant shall, within the fifteen (15) day period submit to CDFW/USFWS/ACOE 10 Page 128 168-020-65-00, 168-040-02-00. for review and approval a plan and time schedule to diligently complete a cure. Declarant shall complete such cure in accordance with the approved plan. (c) Immediate Action. If CDFW/USFWS/ACOE, in its reasonable discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Restricted Property, CDFW/USFWS/ACOE may immediately pursue all available remedies, including injunctive relief, available pursuant to both this Restrictive Covenant and state and federal law after giving Declarant at least twenty four (24) hours' written notice before pursuing such remedies. So long as such twenty four (24) hours' notice is given, CDFW+/USFWS/ACOE may immediately pursue all available remedies without waiting for the expiration of the time periods provided for cure or notice of dispute as described in Section 9fhlill. The written notice pursuant to this paragraph may be transmitted to Declarant by facsimile. The rights of CDFW/USFWS/ACOE under this paragraph apply equally to actual or threatened violations of the terms of this Restrictive Covenant. Declarant agrees that the remedies at law for CDFGIUSFWS/ACOE for any violation of the terms of this Restrictive Covenant are inadequate and that CDFW/USFWS/ACOE shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which CDFW/USFWS/ACOE may be entitled, including specific performance of the terms of this Restrictive Covenant, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this Section 9hlshall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. (d) Costs of Enforcement. Any costs incurred by CDFGW/USFWS/ACOE in enforcing the terms of this Restrictive Covenant against Declarant including, but not limited to, costs of suit and, any costs of restoration necessitated by Declarant's violation or negligence under the terms of this Restrictive Covenant shall be borne by Declarant, subject to California Civil Code section 815. (e) Enforcement Discretion. Enforcement of the terms of this Restrictive Covenant shall be at the discretion of CDFW/USFWS/ACOE. Any forbearance by CDFW/USFWS/ACOE to exercise rights under this Restrictive Covenant in the event of any breach of any term of this Restrictive Covenant by Declarant shall not be deemed or construed to be a waiver by CDFW/USFWS/ACOE of such term or of any subsequent breach ofthe same or any other term of this Restrictive Covenant or of any of the rights of CDFW /USFWS/ ACOE under this Restrictive Covenant. No delay or omission by CDFW/USFWS/ACOE in the exercise of any right or remedy upon any breach by Declarant shall impair such right or remedy or be construed as a waiver. (f) Acts Beyond Declarant's Control. Nothing contained in this Restrictive Covenant shall be construed to entitle CDFW/USFWS/ACOE to bring any action against Declarant for any injury to or change in the Restricted Property resulting from: (1) Any natural cause beyond Declarant's control, including without limitation, fire, flood, storm, and earth movement; or (2) Any prudent action taken by Declarant under emergency conditions to prevent, abate, or mitigate significant injury to persons and/or the Restricted Property resulting from such causes. 11 Page 129 168-020-65-00, 168-040-02-00. (g) Notwithstanding the foregoing, even actions undertaken during emergency conditions must receive prior authorization from the City and Department of Army (through expedited procedures, if appropriate) if the action involves a discharge of dredged or fill material into jurisdictional waters of the United States and before any ground-disturbing activities occur in the Restricted Property. 10. Costs and Liabilities. Declarant, or its successor or assign retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Restricted Property. Declarant agrees CDFW, USFWS, and ACOE shall not have any duty or responsibility for the operation, upkeep, or maintenance of the Restricted Property, the monitoring of hazardous conditions thereon, or the protection of Declarant, the public or any third parties from risks relating to conditions on the Restricted Property. Declarant, its successor or assign remains solely responsible for obtaining any applicable governmental permits and approvals for any activity or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders and requirements. 11. Taxes. Declarant, its successors or assigns shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Restricted Property by competent authority, including any taxes imposed upon, or incurred as a result of, this Restrictive Covenant, and agrees to furnish CDFW, USFWS, and ACOE with satisfactory evidence of payment upon request. 12. No Hazardous Materials Liability. (a) Declarant represents and warrants that it has no knowledge of any release or threatened release of Hazardous Materials (defined below) in, on, under, about or affecting the Restricted Property. (b) Despite any contrary provision of this Restrictive Covenant, the parties do not intend this Restrictive Covenant to be, and this Restrictive Covenant shall not be, construed such that it creates in or gives CDFW, USFWS, and ACOE any of the following: (1) The obligations or liabilities of an "owner" or "operator," as those terms are defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or (2) The obligations or liabilities of a person described in 42 U.S.C. Section 9607(a)(3) or (4); or (3) The obligations of a responsible person under any applicable Environmental Laws; or 12 Page 130 168-020-65-00, 168-040-02-00. (4) The right to investigate and remediate any Hazardous Materials associated with the Restricted Property; or (5) Any control over Declarant's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Restricted Property. (c) The term "Hazardous Materials" includes, without limitation, (a) material that is flammable, explosive or radioactive; (b) petroleum products, including by-products and fractions thereof; and (c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA, the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.); the Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable federal, state or local laws, ordinances, rules, regulations or orders now in effect or enacted after the date of this Restrictive Covenant. (d) The term "Environmental Laws" includes, without limitation, any federal, state, local or administrative agency statute, ordinance, rule, regulation, order or requirement relatingto pollution, protection ofhuman health or safety, the environment or Hazardous Materials. Declarant represents, warrants and covenants to CDFW, USFWS, and ACOE that activities upon and use of the Restricted Property by Declarant, its agents, employees, invitees and contractors will comply with all Environmental Laws. 13. Additional Easements. Declarant shall not grant any additional easements, rights of way or other interests in the surface or subsurface of the Restricted Property (other than a security interest that is subordinate to this Restrictive Covenant), or grant or otherwise abandon or relinquish any water rights relating to the Restricted Property, without first obtaining the written consent of CDFW, USFWS, and ACOE. CDFW, USFWS, and/or ACOE may withhold such consent if it determines that the proposed interest or transfer is inconsistent with the Purpose of this Restrictive Covenant or will impair or interfere with the Conservation Values of the Restricted Property. This Section shall not prohibit transfer of a fee or leasehold interest in the Restricted Property that is subject to this Restrictive Covenant and complies with Section 16 below. Declarant, its successors and assigns shall record any additional easements or other interests in the Restricted Property approved by the CDFW, USFWS, and ACOE in the official records of San Diego County, California and provide a copy of the recorded document to CDFW, USFWS, and ACOE. 14. Amendment. Declarant may amend this Restrictive Covenant only after written concmTence byCDFW, USFWS, and ACOE. Any such amendment shall be consistent with the Purpose of this Restrictive Covenant and shall not affect its perpetual duration. Declarant shall record any amendments to this Restrictive Covenant approved by CDFW, USFWS, and ACOE in the official records of San Diego County, California, and shall provide a copy of the recorded document to CDFW, USFWS, and ACOE 13 Page 131 168-020-65-00, 168-040-02-00. 15. Recordation. Declarant, its successor or assign shall promptly record this instrument in the official records of San Diego County, California, and provide a copy of the recorded document to CDFW, USFWS, and ACOE. 16. Assi2nment and SubseguentTransfers. (a) Declarant agrees to incorporate the tenns of this Restrictive Covenant in any deed or other legal instrument by which Declarant divests itself of any interest in all or a portion of the Restricted Property. Declarant, its successor or assign agrees to (i) incorporate by reference to the title of and the recording information for this Restrictive Covenant in any deed or other legal instrument by which each divests itself of any interest in all or a portion of the Restricted Property, including, without limitation, a leasehold interest and (ii) give actual notice to any such transferee or lessee of the existence of this Restrictive Covenant. Declarant, its successor or assign agrees to give written notice to CDFW, USFWS, and ACOE of the intent to transfer any interest at least thirty (30) days prior to the date of such transfer. Any subsequent transferee shall be deemed to have assumed the obligations of this Restrictive Covenant and to have accepted the restrictions contained herein. The failure of Declarant, its successor or assign to perform any act provided in this Section shall not impair the validity of this Restrictive Covenant or limit its enforceability in anyway. (b) From and after the date of any transfer of all or any portion of the Restricted Property by Declarant and each transfer thereafter, (i) the transferee shall be deemed to have assumed all of the obligations of Declarant as to the portion transferred, as set forth in this Restrictive Covenant, (ii) the transferee shall be deemed to have accepted the restrictions contained herein as to the portion transferred, (iii) the transferor, as applicable, shall have no further obligations hereunder except for the obligations set forth above in this paragraph and pursuant to Section 23, and (iv) all references to Declarant in this Restrictive Covenant shall thereafter be deemed to refer to such transferee. 17. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and be served personally or sent by first class mail, postage prepaid, addressed as follows: To Declarant: To: [insert name and address] Department ofFish and Game, Region 5 3883 Ruffin Road San Diego, CA 92123 US Fish and Wildlife Service 2177 Salk Avenue, Suite 250 Carlsbad, CA 92009 FAX 760-431-5902 14 Page 132 168-020-65-00, 168-040-02-00. District Counsel U.S. Army Corps of Engineers 915 Wilshire Blvd, Room 1535 Los Angeles, CA 90017-3401 or to such other address as either party shall designate by written notice to the other. Notice shall be deemed effective upon delivery in the case of personal delivery or, in the case of delivery by first class mail, five (5) days after deposit into the United States mail. 18. Controllin2 Law. The laws of the United States and the State of California shall govern the interpretation and performance of this Restrictive Covenant. 19. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Restrictive Covenant shall be liberally construed in favor of the deed to effect the purpose of this Restrictive Covenant and the policy and purpose California Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Restrictive Covenant that would render the provision valid shall be favored over any interpretation that would render it invalid. 20. Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Restrictive Covenant, such action shall not affect the remainder of this Restrictive Covenant. If a court of competent jurisdiction voids or invalidates the application of any provision of this Restrictive Covenant to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. 21. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Declarant's title in any respect. 22. Successors. The covenants, terms, conditions, and restrictions of this Restrictive Covenant shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude rurming in perpetuity with the Restricted Property. 15 Page 134 168-020-65-00, 168-040-02-00. STATE OF CALIFORNIA ) COUNTY OF ) ss. On , 200_, before me, the undersigned, a Notary Public in and for said State, personally appeared: [ ]Personally known to me -OR-[ ] Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public 17 Page 135 168-020-65-00, 168-040-02-00. EXHIBIT A 18 Page 136 VESTING: CITY OF CARLSBAD APN: 168-040-02 PLOT 1 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT D OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 18961N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271; THENCE NORTH 59°44'07" EAST 468.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°40'17 EAST 57.61 FEET; THENCE NORTH 43°27'21" EAST 29.28 FEET; THENCE NORTH 78°28'59" EAST 48.56 FEET; THENCE NORTH 30°30'13" WEST 31.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 5.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81°03'45" AN ARC LENGTH OF 7.07 FEET; THENCE SOUTH 68°26'02" WEST 63.52 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 5.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38°50'12" AN ARC LENGTH OF 3.39 FEET; THENCE NORTH 72°43'46" WEST 59.68 FEET; THENCE NORTH 14°15'42" WEST 23.68 FEET; THENCE NORTH 44°40'07" WEST 25.16 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 5.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 94°36'36" AN ARC LENGTH OF 8.26 FEET; Page 137 THENCE SOUTH 40°43'17" WEST 56.46 FEET; THENCE SOUTH 39°18'07" EAST 36.66 FEET; THENCE SOUTH 69°24'21" EAST 65.01 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 8,909 SQUARE FEET MORE OR LESS. PLOT2 THAT PORTION OF LOT D OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 18961N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271; THENCE NORTH 62°30'42" EAST 708.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 84°28'55" EAST 22.46 FEET; THENCE NORTH 36°45'53" EAST 96.30 FEET; THENCE NORTH 36°29'55" EAST 68.16 FEET; THENCE NORTH 38°33'23" WEST 42.21 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 5.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 107"39'51" AN ARC LENGTH OF 9.40 FEET; THENCE SOUTH 33°46'46" WEST 80.24 FEET; THENCE SOUTH 19°23'50" WEST 44.97 FEET; THENCE SOUTH 54°06'58" WEST 45.15 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 78°53'59" AN ARC LENGTH OF 6.89 FEET; THENCE SOUTH 24°47'01" EAST 27.59 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 7,282 SQUARE FEET MORE OR LESS. Page 138 PLOT 3 THAT PORTION OF LOT D OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 18961N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271; THENCE NORTH 44°43'59" EAST 1325.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 79°06'28" EAST 23.24 FEET; THENCE SOUTH 11°44'48" EAST 24.26 FEET; THENCE NORTH 69°24' 11" EAST 43.17 FEET; THENCE NORTH 20°42'46" WEST 96.06 FEET; THENCE NORTH Or19'12" WEST 44.41 FEET; THENCE NORTH 28°29'59" WEST 21.13 FEET; THENCE NORTH 60°05'12" WEST 14.34 FEET; THENCE SOUTH 80°01 '27" WEST 28.86 FEET; THENCE SOUTH 23°49'22" WEST 35.98 FEET; THENCE SOUTH 1r37'23" EAST 39.03 FEET; THENCE SOUTH 15°13'41" EAST 46.07 FEET; THENCE SOUTH 19°56'02" EAST 38.17 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 9,935 SQUARE FEET MORE OR LESS. PLOTS THAT PORTION OF LOT D OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 18961N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271; Page 139 THENCE NORTH 32°38'53" EAST 1528.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 41°24'08" EAST 65.88 FEET; THENCE SOUTH 58°03'33" EAST 94.45 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 129°28'43" AN ARC LENGTH OF 11.30 FEET; THENCE NORTH Or32'16" WEST 72.71 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THOUGH A CENTRAL ANGLE OF 86°19'17" AN ARC LENGTH OF 7.53 FEET; THENCE SOUTH 86°08'27" WEST 36.91 FEET; THENCE NORTH 15°49'43" WEST 22.70 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 71°11'04" AN ARC LENGTH OF 6.21 FEET; THENCE NORTH 8r00'47" WEST 65.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 134 °23'21" AN ARC LENGTH OF 11.73 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 6,850 SQUARE FEET MORE OR LESS. PLOT5 THAT PORTION OF LOT D OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 1896 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271; THENCE NORTH 36°25'20" EAST 1412.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 50°30'27" WEST 21.49 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVINGA RADIUS OF 5.00 FEET; Page 140 THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 104°00'47" AN ARC LENGTH OF 9.08 FEET; THENCE NORTH 53°30'20" EAST 21.75 FEET; THENCE NORTH 06°03'45" WEST 31.22 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 94°48'02" AN ARC LENGTH OF 8.27 FEET; THENCE NORTH 88°44'17" EAST 37.60 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 5.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°46'04" AN ARC LENGTH OF 2.77 FEET; THENCE SOUTH 59°29'39" EAST 18.83 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 65°38'21" AND ARC LENGTH OF 5.73 FEET; THENCE SOUTH 06°08'42" WEST 29.80 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°38'58" AN ARC LENGTH OF 1.98 FEET; THENCE SOUTH 28°47'40" WEST 32.17 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 69°32'24" AN ARC LENGTH OF 6.07 FEET; THENCE NORTH 81°39'56" WEST 37.58 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4,470 SQUARE FEET MORE OR LESS. PLOT6 THAT PORTION OF LOT D OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 18961N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-01128621N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271; Page 141 THENCE NORTH 32°13'16" EAST 1531.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 8r00'47" EAST 80.47 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 68.06 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 78°56'16 EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3r28'51" AN ARC LENGTH OF 44.52 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 34°59'25" AN ARC LENGTH OF 12.21 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 29.52 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 73°12'01" AN ARC LENGTH OF 37.71 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 572.64 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF r14'14" AN ARC LENGTH OF 72.33 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 122.90 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°46'03" AN ARC LENGTH OF 63.85 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 432.42 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°31'28" AN ARC LENGTH OF 117.17 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 8.70 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 172°51'24" AN ARC LENGTH OF 26.25 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 187.25 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°49'44" AN ARC LENGTH OF 38.66 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 94.85 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3r00'29" AN ARC LENGTH OF 61.26 FEET TO THE BEGINNING OF A NON-TANGENT REVERSE CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 198.38 FEET, A RADIAL LINE TO WHICH BEARS NORTH 59°24'56" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°58'25" AN ARC LENGTH OF 83.01 FEET; THENCE NON-TANGENT TO SAID CURVE, A RADIAL LINE TO WHICH BEARS NORTH 83°23'21" WEST, SOUTH 00°23'56" EAST 34.89 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1120.92 FEET, A RADIAL LINE TO WHICH BEARS NORTH 88°04'30" EAST; Page 142 THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6°18'01" AN ARC LENGTH OF 123.26 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 17,343 SQUARE FEET MORE OR LESS. PLOT? THAT PORTION OF LOT L OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 18961N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271; THENCE SOUTH 39°19'59" EAST 394.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 40°28'50" EAST 38.76 FEET; THENCE NORTH 32°53'39" EAST 29.65 FEET; THENCE NORTH 25°39'22" EAST 22.15 FEET; THENCE NORTH 59°14'55" WEST 16.62 FEET; THENCE SOUTH 29°00'47" WEST 52.17 FEET; THENCE SOUTH 16°51'08" WEST 38.90 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,188 SQUARE FEET MORE OR LESS. PLOT 8 THAT PORTION OF LOT L OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 18961N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271; THENCE SOUTH 39°19'59" EAST 394.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 40°28'50" EAST 37.50 FEET; Page 143 THENCE SOUTH 1 7"25'44" WEST 55.47 FEET; THENCE SOUTH 26°58'55" WEST 52.05 FEET; THENCE SOUTH 25°35'28" WEST 31.77 FEET; THENCE SOUTH 23°04'50" WEST 9.28 FEET; THENCE SOUTH 18°52'07" WEST 13.23 FEET; THENCE SOUTH 15°18'26" WEST 21.81 FEET; THENCE SOUTH 17"55'48" WEST 9.01 FEET; THENCE SOUTH 22°13'58" WEST 44.26 FEET; THENCE SOUTH 27"42'12" WEST 10.97 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 37.30 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64°25'51" AN ARC LENGTH OF 41.94 FEET; THENCE NORTH 15°03'38" EAST 15.62 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 19.44 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 04°25'48" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50°56'58" AN ARC LENGTH OF 17.29 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 31°46'04" EAST 10.47 FEET; THENCE NORTH 23°15'51" EAST 26.35 FEET; THENCE NORTH 21°13'13" EAST 25.71 FEET; THENCE NORTH 14°46'10" EAST 27.40 FEET; THENCE NORTH 20°15'54" EAST 15.73 FEET; THENCE NORTH 25°41'00" EAST 38.09 FEET; THENCE NORTH 26°56'56" EAST 54.67 FEET; THENCE NORTH 16°51'08" EAST 16.62 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 3,919 SQUARE FEET MORE OR LESS. ALL DISTANCES DESCRIBED HEREON ARE GRID DISTANCES (MULTIPLY BY 1.00005443296 FOR GROUND DISTANCES). ALL BEARINGS DESCRIBED HEREON Page 145 168-020-65-00, 168-040-02-00 EXHIBITB 19 Page 153 168-020-65-00, 162-040-02-00 EXHIBITC 20 Page 155 -@)Chicago Title Company 2365 Nmthside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE: December 20, 2016 at 7:30 a.m. ORDER NO.: 00066116-993-SD2-CFU The form of policy or policies oftitle insurance contemplated by this report is: A Preliminary Report Only 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: THE CITY OF CARLSBAD, a political corporation and/or governmental agency 3. THE LAND REFERRED TO IN THlS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Rep01i Form-Modified (II/I 7/06) Page2 Page 156 PRELIMINARY REPORT YOUR REFERENCE.: APN: 168-()lo-65 EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00066116-993-SDl-CFU 11iE LAND REFERRED TO HEREIN BELOW IS SIWATED IN TilE CITY OF CARLSBAD, IN TilE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: APN 168-020-13 (OLD) THAT PORTION OF LOT "D" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO TilE M-\P THEREOF NO. 823, FILE DIN THE OFFICE OF TilE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT "L" OF SAID RANCHO AGUA HEDIONDA; TIIENCE NORTH 89°43'40" WEST ALONG THE NORTHERLY LINE OF SAID LOT "L" 1323.42 FEET TO THE NORTH AND SOUTH CBNTER LINE OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHTP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS SAID SECTION IS SHOWN ON SAID MAP NO. 823; TIIENCE NORTH 0°10'20" WEST ALONG SAID CENTER LINE 1362.40 FEET; TIIENCE SOUTH 70°39' EAST 289.67 FEET; THENCE NORTH 65°41' EAST 494.40 FEET; THENCE NORTH 53°33' EAST 240.75 FEET; THENCE NORTH 1°32' EAST 76.50 FEETTHENCENORT11 78°3l' EAST 186.23 FEET; THENCE SOunl 75"29' EAST 230.15 FEET TO A POINT IN THE EAST LINE OF SAID SECTION 34; THENCE ALONG SAID EASTERLY LINE SOUTH 0°06' EAST 1676.30 FEET TO TilE POINT OF BEGINNING. PARCEL 2: APN 168-020-19 (OLD) ALL THAT PORTION OF LOT "D" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARffiiON MAP OF SAID RANCHO MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A GRANITE STONE SET WITIIlN THE GRANT FOR THE COMMON SOUTHERLY CORNER OF SECTION 34 AND 35, TOWNSHIP ll SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, THENCE NORTHERLY ALONG TilE LINE BETWEEN SAID SECTION 34 AND 35, 2295 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF THAT PROPERTY CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEO, L. GUNN AND CHESTER D. GUNN, AND RECORDED NOVEMBER 6, 1920 IN BOOK 829. PAGE 31-t OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE FOLLOWING THE BOUNDARY OF SAID PROPERTY EASTERLY 1319 FEET TO AN ANGLE POINT 11IEREIN; THENCE NORTHERLY ALONG THE BOUNDARY SAID LAND 857 FEET; THENCE EASTERLY 1320 FEET MORE OR LESS TO A POINT IN TilE NORTH AND SOUTH CENTER LINE OF SAID SECTION 36, BEING THE WEST LINE OF LOT "C" OF THE RANCHO AGUA HEDIONDA AS SHOWN ON SAID MAP NO. 823, WIDCH IS TilE SOUTHEAST CORNER OF THE ABOVE MENTIONED PARCEL OF LAND CONVEYED TO GEO L. GUNN AND CHESTER D. GUNN; THENCE SOUTHERLY ALONG SAID LAST MENTIONED LINE TO TilE SOUTH QUARTER CORNER OF SAID SECTION 35; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 35, 2656 FEET MORE OR LESS TO THE POINT OF BEGINNING; EXCEPTING THEREFROM TI!.AT PORTION THEREOF DESCRIDED AS FOLLOWS: BEGINNING AT TilE NORTH QUARTER CORNER OF FRACTIONAL SECTION 35, TOWNSl[!P 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS SAID SECTION JS SHO\VN ON SAID MAP; THENCE SOUTH 0°14' WEST 2125.80 FEET ALONG TilE NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 PRODUCED WlTHlN THE GRANT TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND ELIZABETii GUNN TO GEORGE L. GUNN AND CHESTER D. GUNN BY DEED RECORDED NOVEMBER 6, 1920 IN BOOK 829. PAGE 314 OF DEEDS, RECORDS OF SAN DffiGO COUNTY; THENCE SOUTH 74°39' WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 18°27' EAST 267.00 FEET; TIIENCE SOUTH 54°42'40" WEST 308.62 FEET; THENCE NORTH 20°12' WEST 263.96 FEET; THENCE NORTH 54°35' EAST 317.15 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: APN 168-020-12 (OLD) CLTA Preliminary Rcpon form-Modified (11/17106) Page3 Page 157 PRELIMINARY REPORT YOUR REF'E.R.ENCE: APN: 168-020-65 EXBJBIT A (Continued) Chicago Title Company ORDER NO.: 00066116-993·SD2-CFU ALL lliAT PORTION OF LOT "D" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP OF SAID RANCHO \lAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEO. L. GUNN AND CHESTER D. GUNN, AND RECORDED NOVEM::BER 6, 1920 IN BOOK 829. PAGE 314 OF DEEDS, RECORDS OF SAID COUNTY, SAID POINT BEING IN THE LINE BETWEEN SECTIONS 34 AND 35, TOWNSHiP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN AND BASE; SAID POINT BEING SOUTHERLY 2951.5 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 35; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION 35, 331.06 FEET MORE OR LESS, TO THE WEST QUARTER CORNER OF SAID SECTION 35; THENCE EASTERLY ALONG THE EAST AND WEST CENTER LINE OF SAI9D SECTION 35, 1319 FEET MORE OR LESS TO THE lTS INTERSECTION Wlni AN EASTERLY BOUNDARY OF THE ABOVE INTERSECTION WITH AN EASTERLY BOUNDARY OF THE ABOVE MENTIONED PARCEL OF LAND CONVEYED TO GEO. L. GUNN AND CHESTER D. GUNN; THENCE SOUTHERLY 336.12 FEET MORE OR LESS ALONG THE BOUNDARY OF THE LAND SO CONVEYED, TO A SOUTHEAST CORNER THEREOF; THENCE THE FOLLOWING THE SOUTHERLY BOUNDARY OF SAID LAND WESTERLY 1319 FEET MORE OR LESS TO THE POINT OF BEGINNING. PARCEL 4: APN 168-020-18 (OLD) THAT PORTION OF THE LAND HEREIN DESCRIBED \VIDCH LIES WESTERLY OF A LINE ORA WN PARALLEL WTm AND 100 FEET AT RIGHT ANGLES EASTERLY PROM THE WESTERLY BOUNDARY LINE OF SAID FOLLOWING DESCRIBED PARCEL OF LAND: ALL mAT PORTION OF LOT "D", RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DlEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF ~0. 823, Fll..ED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER OF FRACTIONAL SECTION 35, TOWNSHIP II SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SAID SECTION IS SHOWN ON SAID t\IAP NO. 823; THENCE SOUTH 0°14' \VEST 2125.80 FEET ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 PRODUCED WITHIN THE GRANT TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND LIZABETH GUNN TO GEORGE L. GUNN AND CHESTER D. GUNN, BY DEED RECORDED NOVEMBER 6, 1920 IN BOOK 829. PAGE 31~ OF DEEDS, RECORDS OF SAN OTEGO COUNTY; THENCE SOUTH 74•39' WEST 819.33 FEET TO THE TRUE POJNT OF BEGINNING; THENCE SOUTH 18°27' EAST 267.00 FEET; THENCE SOUTH 54°42'40" WEST 308.62 FEET; THENCE NORTH 20°12' WEST 263.96 FEET; THENCE NORTH 54°35' EAST317.15 FEET TO THETRUEPOINTOFBEGINNING. PARCEL 5: APN 168-020-17 (OLD) ALL THAT PORTlON OF LOT "D" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1896 DESCRIBED AS FOLLOWS: BEGINNING AT '11-TE NORTii QUARTER CORNER OF FRACTIONAL SECTION 35, TOWNSHiP II SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE SOUTH 00°14'00" WEST 2125.80 FEET ALONG NORTH AND SOUTII CENTER LINE OF SAID SECTION 35 PRODUCED \VlTHIN THE GRANT TO SOUlHEAST CORNER OP THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEORGE L., GUNN AND CHESTER D. GUNN BY DEED RECORDED NOVEMBER 6, 1920 IN BOOK 829. PAGE 314 OF DEEDS; THENCE SOUTH 74°39'00" WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH CLTA Preliminary Report Fonn-Modified (11/17106) Page4 Page 158 PRELIMINARY REPORT YOURREFERENCE: APN: 168-020-65 EXHIBIT A (Continued) Chicago Title Company ORDER NO.: 00066116-993-SD2-CFU 18°27'00" EAST 267.00 FEET; THENCE SOUTH 54°42'40" WEST 303.62 FEET; THENCE NORTH 20°12'00" WEST 263.96 FEET; THENCE NORTH 54°35'00" EAST 317.15 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF ABOVE DESCRIBED PARCEL LYING BETWEEN WESTERLY BOUNDARY THEREOF AND A LINE DRAWN PARALLEL WITH AND 100.00 FEET MEASURED AT RIGHT ·ANGLES EASTERLY FROM SAID WESTERLY BOUNDARY. CLTA Preliminary Rep01i Form-Modified (11117/06) Page 5 Page 160 PRELIMINARY REPORT YOUR REFERENCE: APN: 168..()2().65 Chicago Title Company ORDER NO.: 00066116-993·SD2-CFU EXCEPTIONS (Continued) 6. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, liunilial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: August 5, 1930 Recording No: Book 1806. page 186 of Deeds Affects: ParcelS 7. Easement(&) for the purpose(s) shown below and rights incidental d1ereto, as granted in a document: Granted to: Purpose: Recording No: Affects: San Diego Consolidated Gas and Electric Company, a corporation public utilities, ingress, egress Book 1566. page 22 of Deeds Parce19 8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Citizens National Trust and Savings Bank pipe lines December 10, 1932 Book I 8-1. page 33 of Official Records Parcel4 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording No: Affects: San Diego Gas and Electric Company public utilities, ingress, egress Book 1118. page -195 of Official Records ParcelS 10. Water rights, claims or title to water, whether or not disclosed by the public records. 11. Matters which may be disclosed by an inspection and/or by a correct AL T AJNSPS Land Title Survey of said Land t11at is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. CLTA Preliminary Report Form-Modified (11117/06) Page 7 Page 161 PRELIMINARY REPORT YOUR REFERENCE: APN: 168-020-65 EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00066116-993-SD2-CFU 12. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any umecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CL T A Preliminary Repmi Form-Modified ( 11/17 /06) PageS Page 162 PRELIMINARY REPORT YOURREFERENCE: APN: 168-020-65 None REQUIREMENTS SECTION END OF REQUIREMENTS CLTA Preliminary Repmt Fonn-Modified (11/17/06) Chicago Title Company ORDERNO.: 00066116-993-SD2-CFU Page9 Page 163 PRELIMINARY REPORT YOUR REFERENCE: APN: 168-020-65 INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00066116-993-SD2-CFU I. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement FormlOO to an Extended Coverage Loan Policy, when issued. 2. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as APN: 168-020-65, located within the city of Carlsbad, California, , to an Extended Coverage Loan Policy. 3. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim betvveen the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/gp CLTA Preliminary Repoti Form-Modified (11117/06) Page!O Page 164 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF", "our" or "we"), we value the privacy of our customers. This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information. A sununaty of our privacy practices is below. We also encourage you to read the complete Privacy Notice following the summaty. Types of Information Collected. You may provide us with certain personal information, like your contact information, social security number (SSN), driver's license, other government ID numbers, and/or financial information. We may also receive information from your Internet browser, computer at1dlor mobile device. Use of Your Information. We may use your information to provide products and services to you (or someone on your behalf), to improve our products and services, and to communicate with you about our products and services. We do not give or sell your personal information to patties outside of FNF for their use to mat·ket their products or services to you. Choices With Your Information. Your decision to submit personal information is entirely up to you. You can opt -out of ce1tain disclosures or use of your information or choose to not provide any personal information to us. Information From Children. We do not knowingly collect information from children under the age of 13, and our websites at·e not intended to attract children. Access and Correction. If you desire to see the information collected about you and/or correct any inaccuracies, please contact us in the manner specified in this Privacy Notice. The California Online Privacy Protection Act. Ce1tain FNF websites collect information on behalf of mmtgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting information to us and using our websites, you are accepting and agreeing to the terms of this Privacy Notice. FNF Privacy Notice Effective: April 1, 20 16 How Information is Collected. We may collect personal information directly from you fi·om applications, forms, or communications we receive from you, or from other sources on your behalf, in connection with our provision of products or services to you. We may also collect browsing information from your Internet browser, computer, mobile device or similat· equipment. This browsing information is generic and reveals nothing personal about the user. Security Of Your Information. We utilize a combination of security technologies, procedures and safeguards to help protect your information fi·om unauthorized access, use and/or disclosure. We communicate to our employees about the need to protect personal information. When We Share Information. We may disclose your information to third patties providing you products and services on our behalf, law enforcement agencies or governmental authorities, as required by law, and to parties with whom you authorize us to shat·e your infonnatiori. Privacy Outside the Website. We are not responsible for the privacy practices of third parties, even if our website links to those parties' websites. Do Not Track Disclosures. We do not recognize "do not track" requests fi·om Internet browsers and similar devices. International Use. By providing us with your information, you consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will hat1dle such information consistent with this Privacy Notice. Contact FNF. If you have questions or wish to contact us regat·ding this Privacy Notice, please use the contact information provided at the end of this Privacy Notice. Page 165 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE FNF respects and is committed to protecting yom privacy. We pledge to take reasonable steps to protect your Personal Infonnation (as defined herein) and to ensure your information is used in compliance with this Privacy Notice. This Privacy Notice is only in effect for infonnation collected and/or owned by or on behalf of FNF, including collection through any FNF website or online services offered by FNF (collectively, the "Website"), as well as any infonnation collected offline (e.g., paper documents). The provision of this Piivacy Notice to you does not create any express or implied relationship, nor create any express or implied duty or other obligation, between FNF and you. Types of Information Collected We may collect two types of infom1ation: Personal Inf01mation and Browsing Information. Personal Information. The types of personal information FNF collects may include, but are not limited to: . contact information (e.g., name, address, phone number, email address); social security number (SSN), driver's license, and other government ID numbers; and financial account or loan information. Browsing Information. The types of browsing inf01mation FNF collects may include, but are not limited to: Internet Protocol (or IP) address or device IDIUDID, protocol and sequence infonnation; browser language; browser type; domain name system requests; browsing hist01y; number of clicks; hype1iext transfer protocol headers; and application client and server banners .. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: applications or other forms we receive from you or your authorized representative, whether electronic or paper; communications to us from you or others; information about your transactions with, or services perf01med by, us, our affiliates or others; and information fi·om consumer or other rep01iing agencies and public records that we either obtain directly fi·om those entities, or from our affiliates or others. We may collect Browsing Information from you as follows: Browser Log Files. Our se1vers automatically log, collect and record certain Browsing Information about each visitor to the Website. The Browsing Information includes only generic information and reveals nothing personal about the user. Cookies. From time to time, FNF may send a "cookie" to your computer when you visit the Website. A cookie is a FNF Privacy Notice Effective: Apr ill, 20 16 small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit the Website again, the cookie allows the Website to recognize your computer, with the goal of providing an optimized user experience. Cookies may store user preferences and other information. You can choose not to accept cookies by changing the settings of your Internet browser. If you choose not to accept cookies, then some functions of the Website may not work as intended. Use of Collected Information Infonnation collected by FNF is used for three main purposes: To provide products and services to you, or to one or more third party service providers who are perfonning se1vices on your behalf or in c01mection with a transaction involving you; To improve our products and setvices; and . To communicate with you and to inform you about FNF's products and se1vices . When We Share Information We may share your Personal Information (excluding infonnation we receive from consumer or other credit reporting agencies) and Browsing Information with certain individuals and companies, as permitted by law, without first obtaining your authorization. Such disclosmes may include, without limitation, the following: to agents, representatives, or others to provide you with services or products you have requested, and to enable us to detect or prevent criminal activity, fraud, or material misrepresentation or nondisclosure; to third-pruiy contractors or setvice providers who provide se1vices or perform other functions on our behalf; to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or comi orders; and/or to other pa1iies authorized to receive the information in connection with services provided to you or a transaction involving you. We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith beliefthat such disclosure is necessary to: comply with a legal process or applicable laws; enforce this Privacy Notice; investigate or respond to claims that any infonnation provided by you violates the rights of a third pmiy; or protect the rights, prope1iy or personal safety of FNF, its users or the public. We make efforts to ensure third patiy contractors and se1vice providers who provide services or pe1form functions on our behalf protect your information. We limit use of your information to the pmposes for which the information was provided. We do not give or sell your information to third parties for their own direct marketing use. We reserve the right to transfer your Personal Information, Browsing Inf01mation, as well as any other information, in connection with the sale or other disposition of all or prut of the Page 166 FNF business and/or assets, or in the event of our bankmptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of this information in connection with any of the above-described proceedings. We cannot and will not be responsible for any breach of security by any third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit your infonnation to FNF is entirely up to you. If you decide not to submit your information, FNF may not be able to provide certain products or se1vices to you. You may choose to prevent FNF from using your information under certain circumstances ("opt out"). You may opt out of receiving communications fi·om us about our products and/or setvices. Security And Retention Of Information FNF is committed to protecting the infonnation you share with us and utilizes a combination of security technologies, procedures and safeguards to help protect it from unauthorized access, use and/or disclosure. FNF trains its employees on privacy practices and on FNF's privacy and information security policies. FNF works hard to retain information related to you only as long as reasonably necessmy for business and/or legal purposes. Information From Children The Website is meant for adults. The Website is not intended or designed to attract children under the age of thirteen (13). We do not collect Personal Infmmation from m1y person that we know to be under the age of thirteen (13) without permission from a parent or guardian. Privacy Outside the Website The Website may contain links to other websites, including links to websites of third pmty service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other web sites. International Users Because FNF's headquarters is located in the United States, we may transfer your Personal Infmmation and/or Browsing Infonnation to the United States. By using our website and providing us with your Personal Information and/or Browsing Infonnation, you understm1d and consent to the transfer, processing and storage of such information outside your countty of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Do Not Track Disclosures Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. The California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet ("CCN"), FNF is acting as a third party setvice provider to a mmigage loan servicer. In those FNF Privacy Notice Effective: April!, 2016 instances, we may collect ceiiain infmmation on behalf of that mortgage loan servicer, including: first and last nmne; propetiy address; user nmne and password; loan number; social security number -masked upon entry; email address; security questions and answers; and IP address. The information you submit is then transfened to your mmigage loan setvicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your m01igage loan servicer. CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Information, and Access m1d Correction. If you have questions regarding the choices you have with regard to your personal information or how to access or conect your personal information, contact your mmigage lom1 setvicer. Access and Correction To access your Personal Information in the possession of FNF and conect any inaccuracies, please contact us by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Your Consent To This Privacy Notice By submitting Personal Information m1d/or Browsing Information to FNF, you consent to the collection and use of infmmation by FNF in compliance witl1 this Privacy Notice. We reserve the right to make chm1ges to this Privacy Notice. If we change this Privacy Notice, we will post the revised version on the Website. ContactFNF Please send questions and/or comments related to this Privacy Notice by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside A venue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2016. Fidelity National Financial, Inc. All Rights Rese1ved. EFFECTIVE AS OF APRIL 1, 2016 Page 167 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the Califomia Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four fan1ily residential dwelling. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occuned since the issuance of the original report or commitment, the order may be reopened witl1in 12 months and all or a portion of the charge previously paid for the repmi or commitment may be credited on a subsequent policy charge within the following time period from the date of the rep mi. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On propetiies used as a church or for charitable purposes witl1in the scope of fue normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title· insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidimy title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which tl1e employee would be obligated to pay, by established custom, as a patty to the transaction. CAD iscount Notice Effective Date: I-I 0-20 I 0 Page 168 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not lin1ited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting :fi·om a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but lmown to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mmtgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mmtgage because of the inability or failme of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability ofthe lien ofthe insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mmtgage and is based upon usury or any consumer credit protection or tmth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVER~GE-SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascettained by an inspection of the land or which may be assetted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shmiage in area, encroachments, or any other facts which a cotTect survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whetlter or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by tlte public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attomeys' fees, and expenses resulting :fi·om: I. Goverrunental police power, and the existence or violation of those portions of any law or govennnent regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. envirmnnental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or-:27. 2. The failure of Your existing stmctures, or any part of them, to be constmcted in accordance with applicable building codes. Titis Exclusion does not linlit the coverage described in Covered Risk 14 or 15. 3. The right to take tl1e Land by condemning it This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whetl1er or not they are recorded in the Public Records; b. that are K.nown to You atthe Policy Date, but not to Us, unless tltey are recorded in the Public Records at tl1e Policy Date; Attachment One (6-5-14) CA &NV Page 169 c. that result in no loss to You; or d. that first occur aftet the Policy Date-tlus does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and refened to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit ofLiability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount I .00% %of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% %of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is Jess) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $ 10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded fi·om the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) enviroumental protection; or the effect of any violation of these laws, ordioances, or govennnental regulations. Tlus Exclusion 1 (a) does not modify or lio1it the coverage provided under Covered Risk 5. (b) Any govenm1ental police power. This Exclusion l(b) does not modif'y or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modif'y or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded io the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writiog to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insmed Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modifY or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the ioability or failure of an Insured to comply with applicable doing-busioess laws of the state where the Land is situated. 5. Invalidity or unentorceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any conswner credit protection or truth-in-Jendiog Jaw. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mmtgage, is (a) a fraudulent conveyance or fi"audulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. Tlus Exclusion does not modifY or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions :fi·om Coverage in a Standard Coverage policy will also ioclude the following Exceptions fi·om Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B-Pmt ll,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that m·ise by reason of: Attachment One (6-5-14) CA & NV Page 170 (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions fi"om Coverage in a Standard Coverage policy will also include the following Exceptions fi·om Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be asce1tained by an inspection of the Land or that may be asse1ted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affectiog the Title that would be disclosed by an accurate and complete land survey ofthe Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whetl1er or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Prut I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or danJage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters ru·e expressly excluded fi·om the coverage of this policy, and the Company will not pay loss or drunage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or goverlltllental regulation (including tl1ose relating to building and zoning) restricting, regulating, prohibitiog, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) tl1e chru·acter, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or tl1e effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modifY or limit the coverage provided under Covered Risk 5. (b) Any govemmental police power. This Exclusion l(b) does not modifY or lin1itthe coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modifY or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or otl1er matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to tl1e Company, not recorded in the Public Records at Date of Policy, but Known to tl1e Insured Claimant and not disclosed in writing to the Company by tl1e Insw·ed Claimant prior to the date the Insured Claimant becanJe an Insmed under this policy; (c) resulting in no loss or danJage to the Insured C!aimru1t; (d) attaching or created subsequent to Date of Po !icy (however, this does not modifY or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage tl1at would not have been sustained if the Insured Claimant had paid value for tl1e Title. 4. Any clain1, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights Jaws, tl1at the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyru1ce or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other inshument of transfer in the Public Records tl1at vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions fi·om Coverage in a Standru·d Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or drunage, and the Company will not pay costs, attomeys' fees or expenses, that arise by reason of: (The above policy form may be issued to afford either StandaJ·d Coverage or Extended Coverage. In addition to the above Exclusions fi·om Coverage, the Exceptions fi·om Coverage in a Standard Coverage policy will also include the following Exceptions fi·om Coverage: I. (a) Taxes or assessments that ru·e not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real prope1ty or by tl1e Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whetl1er or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that ru·e not shown in tl1e Public Records but that could be ascettained by an inspection oftl1e Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrru1ces, or claims thereof, not shown by the Public Records. 4. Any encroaclunent, encumbrru1ce, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing tl1e issuance tl1ereof; (c) water rights, claims or title to water, whetl1er or not tl1e matters excepted under (a), (b), or (c) are shown by tl1e Public Records. 6. Any lien or right to a lien for services, labor or material not shown by tl1e Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) Attachment One (6-5-14) CA & NV Page 171 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prol1ibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or govenm1ental regulations. This Exclusion 1(a) does not modifY or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any govemmental police power. This Exclusion 1(b) does not modifY or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modifY or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the losured Claimant and not disclosed in \\~·iring to the Company by the losmed Clain1ru1t prior to the date the losured Claitnru1t becrune aJl Insmed under this policy; (c) resulting in no Joss or drunage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modifY or limit the coverage provided under Covered Risk II, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or dan1age that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insmed Mmtgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in prut of the lien of the Insured Mortgage that ru·ises out of the trru1saction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or ttuth-in-lending law. This Exclusion does not modifY or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to AdvaJlces or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modifY or limit the coverage provided in Covered Risk ll. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority aJld created or attaching subsequent to Date of Policy. This Exclusion does not modifY or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential structure, or ru1y portion of it, to have been constmcted before, on or after Date of Policy in accordru1ce with applicable building codes. This Exclusion does not modifY or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similru· creditors' rights laws, that the transaction creating the lien of the losured Mmigage, is (a) a fraudulent conveyaJlce or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contrunination, explosion, fire, flooding, vibration, fracturing, eruthquake, or subsidence. 11. Negligence by a person or aJ1 Entity exercising a right to extract or develop minerals, water, or 311Y other substaJlces. Attachment One (6-5-14) CA & NV Page 175 PRELIMINARY REPORT YOUR REFERENCE: APN: 168-Q40.02 EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 0006611 5·993·SD2-cFU TiiE LAND REFERRED TO IIERElN BELOW IS SITUATED 1N lHE CITY OF CARLSBAD, IN TilE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PARCEL OF LAND DESCRIBED AS PARCEL II IN DEED TO CITY OF CARLSBAD RECORDED DECEMBER 8, 1958 AS INSTRUMENT NO. 205757 OF OFFICIAL RECORDS IN BOOK 7386. PAGE 341 AND DESCRIBED AS FOLLOWS: ALL THOSE PORTIONS OF LOTS "D" AND "L" OF TiiE RANCHO AQUA HEDIONDA, IN TilE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDfNG TO MAP THEREOF NO. ill, FU.ED IN THE COUNTY RECORDER'S OFFICE NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHBRL Y LlNE OF SAID LOT "L"; WHENCE THB NORTHEAST CORNER OF SAID LOT "L" BEARS SOUTii 89°44' EAST 13.23 FEET; THENCE NORTH 0°10'20" WEST 72.64 FEET TO TilE TRUE POINT OF BEGINNING; THENCE NORTH 88°25'20" WEST 269.25 FEET; THENCE SOUTH 52°18'40" WEST 85.89 FEET; THENCE SOUTH 13°55'40" WEST 131.35 FEET; THENCE SOUTH 58°05'40" WEST 123.70 FEET; THENCE SOUTH 20°30'40" WEST 90.20 FEET; THENCE SOUTil47°33'30" WEST 346.14 FEET; THENCE NORTH 58°19'20" WEST 708.04 FEET; THENCE NORTH 15°07'40" EAST 352.94 FEET; THENCE NORTH 58°55'10" EAST 133.68 FEET; THENCE NORTH 12°59'10" EAST 98.60 FEET; THENCE NORTii 29°04'20" WEST 327.22 FEET; THENCE NORTH 8°53'20" WEST 203.55 FEET; THENCE NORTH 7°09'10" EAST 191.00 FEET; THENCE SOUTH 81°59'20" EAST 97.10 FEET; THENCE SOUTil 43°39'50" EAST 154.05 FEET; TIIENCE SOUTH 80°11'50" EAST 119.10 FEET; THENCE SOUTH 10°57' EAST 66.52 FEET; THENCE SOUTH 60°20' EAST 131.15 FEET; THENCE SOUTH 72°50' EAST 179.60 FEET; THENCE NORTH 34°41' EAST 151.65 FEET; THENCE NORTH 6°27' EAST 213.52 FEET; THENCE NORTH 66°43' EAST 104.52 FEET; THENCE NORTH 23°05' EAST 178.00 FEET; THENCE NORTH 6"23' EAST 454.00 FEET; THENCE NORTH 55°14' EAST 224.10 FEET; THENCE SOUTH 14"43' EAST 198.05 FEBT; THENCE SOUTH 20°46' EAST 329.80 FEET; 1HENCE SOUTii 0°10'20" EAST 1290.76 FEET TO TilE TRUE POINT OF BEGINNING. APN: OLD 1681-040-02; NEW 168-041-19 CLTA Preliminary Repon Fonn-Modified (11/17106) Pagel Page 177 PRELIMINARY REPORT YOURREFERENCE: APN: 168-040-02 REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 00066115-993-SD2-CFU 1. This Company will require evidence of compliance with the statut01y limitations incident to the govermnental agency named below, with reference to any conveyance of an interest in the Land this Company will be asked to record and/or rely upon in the issuance of any form of title insurance. Governmental agency: The City of Carlsbad, a political corporation and/or governmental agency END OF REQUIREMENTS CLTA Preliminary Report Form-Modified (11117 /06) Page 5 Page 178 PRELIMINARY REPORT YOURREFERENCE: APN: 168-040-02 INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00066115-993-SD2-CFU 1. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 2. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial prope1ties, !mown as APN: 168-040-02, located within the city of Carlsbad, California,, to an Extended Coverage Loan Policy. 3. Note: The policy oftitle insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pe1taining to your Title Insurance coverage. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/gp CLTA Preliminary Report Form -Modified (ll/17/06) Page6 Page 179 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF", "our" or "we"), we value the privacy of our customers. This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information. A summary of our privacy practices is below. We also encourage you to read the complete Privacy Notice following the summary. Types of Information Collected. You may provide us with certain personal infonnation, like your contact information, social security number (SSN), driver's license, other government ID numbers, and/or financial information. We may also receive infonnation from your Internet browser, computer and/or mobile device. Use of Your Information. We may use your infonnation to provide products and services to you (or someone on your behalf), to improve our products and services, and to communicate with you about our products and services. We do not give or sell your personal information to parties outside of FNF for their use to market their products or services to you. Choices With Your Information. Your decision to submit personal information is entirely up to you. You can opt-out of ce1tain disclosures or use of your information or choose to not provide any personal information to us. Information From Children. We do not knowingly collect information from children under the age of 13, and our websites are not intended to attract children. Access and Correction. If you desire to see the information collected about you and/or correct any inaccuracies, please contact us in the manner specified in this Privacy Notice. The California Online Privacy Protection Act. Certain FNF websites collect information on behalf of mortgage loan servicers. The mmtgage loan servicer is responsible for taking action or making changes to a11y consmner information submitted through those websites. Your Consent To This Privacy Notice. By submitting information to us and using our websites, you are accepting and agreeing to the terms of this Privacy Notice. · FNF Privacy Notice Effective: April 1, 2016 How Information is Collected. We may collect personal information directly from you from applications, forms, or commm1ications we receive from you, or from other sources on your behalf, in connection with our provision of products or services to you. We may also collect browsing information from your Internet browser, computer, mobile device or similar equipment. This browsing information is generic and reveals nothing personal about the user. Security Of Your Information. We utilize a combination of security technologies, procedures and safeguards to help protect your information from unauthorized access, use and/or disclosure. We communicate to our employees about the need to protect personal information. When We Share Information. We may disclose your information to third pmties providing you products and services on our behalf, law enforcement agencies or govermnental authorities, as required by law, and to pmties with whom you authorize us to shm·e your information. Privacy Outside the Website. We m·e not responsible for the privacy practices of third pmties, even if our website links to those pmties' websites. Do Not Track Disclosures. We do not recognize "do not track" requests from Internet browsers and similm· devices. International Use. By providing us with your information, you consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Contact FNF. If you have questions or wish to contact us regarding this Privacy Notice, please use the contact information provided at the end of this Privacy Notice. Page 180 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE FNF respects and is committed to protecting your privacy. We pledge to take reasonable steps to protect your Personal Infmmation (as defined herein) and to ensure your information is used in compliance with this Privacy Notice. This Privacy Notice is only in effect for information collected and/or owned by or on behalf of FNF, including collection through any FNF website or online setvices offered by FNF (collectively, the "Website"), as well as any infonnation collected offline (e.g., paper documents). The provision of this Privacy Notice to you does not create any express or implied relationship, nor create any express or implied duty or other obligation, between FNF and you. TYPes of Information Collected We may collect two types of infmmation: Personal Infmmation and Browsing Information. Personal Information. The types of personal information FNF collects may include, but are not limited to: contact information (e.g., name, address, phone number, email address); social security number (SSN), driver's license, and other government ID numbers; and financial account or loan information. Browsing Information. The types of browsing information FNF collects may include, but are not limited to: lntemet Protocol (or IP) address or device IDJUDID, protocol and sequence infmmation; browser language; browser type; domain name system requests; browsing history; number of clicks; hypertext transfer protocol headers; and application client and server banners. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: applications or other fonns we receive from you or your authorized representative, whether electronic or paper; communications to us from you or others; information about your transactions with, or se1vices performed by, us, our affiliates or others; and information fi·om consumer or other repmiing agencies and public records that we either obtain directly fi·om those entities, or from our affiliates or others. We may collect Browsing Information fi·om you as follows: Browser Log Files. Our setvers automatically log, collect and record certain Browsing lnfmmation about each visitor to the Website. The Browsing Infonnation includes only generic information and reveals nothing personal about the user. Cookies. From time to time, FNF may send a "cookie" to your computer when you visit the Website. A cookie is a FNF Privacy Notice Effective: Aprill, 2016 small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit the Website again, the cookie allows the Website to recognize your computer, with the goal of providing an optimized user experience. Cookies may store user preferences and other information. You can choose not to accept cookies by changing the settings of your Internet browser. If you choose not to accept cookies, then some functions of the Website may not work as intended. Use of Collected Information Information collected by FNF is used for three main purposes: To provide products and setvices to you, or to one or more third party service providers who are performing setvices on your behalf or in connection with a transaction involving you; To improve our products and se1vices; and To communicate with you and to inform you about FNF's products and services. When We Share Information We may share your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information with cetiain individuals and companies, as permitted by law, without first obtaining your authorization. Such disclosures may include, without limitation, the following: to agents, representatives, or others to provide you with services or products you have requested, and to enable us to detect or prevent criminal activity, fi·aud, or material misrepresentation or nondisclosure; to third-patiy contractors or se1vice providers who provide se1vices or perform other functions on our behalf; to law enforcement or other govermnental authority in connection with an investigation, or civil or criminal subpoenas or comi orders; and/or to other pa1iies authorized to receive the information in connection with services provided to you or a transaction involving you. We may disclose Personal Inf01mation and/or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: comply with a legal process or applicable laws; enforce this Privacy Notice; investigate or respond to claims that any information provided by you violates the rights of a third party; or protect the rights, propetiy or personal safety of FNF, its users or the public. We make efforts to ensure third pmiy contractors and service providers who provide setvices or perform functions on our behalf protect your infonnation. We limit use of your information to the purposes for which the information was provided. We do not give or sell your information to third parties for their own direct marketing use. We reserve the right to transfer yom Personal Inf01mation, Browsing Information, as well as any other information, in connection with the sale or other disposition of all or pati of the Page 181 FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of this information in connection with any of the above-described proceedings. We cannot and will not be responsible for any breach of security by any third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit your information to FNF is entirely up to you. If you decide not to submit your information, FNF may not be able to provide certain products or services to you. You may choose to prevent FNF from using your information under ceiiain circumstances ("opt out"). You may opt out of receiving communications fi'om us about our products and/or services. Secul'ity And Retention Of Information FNF is committed to protecting the information you share with us and utilizes a combination of security teclmologies, procedures and safeguards to help protect it from unauthorized access, use .and/or disclosure. FNF trains its employees on privacy practices and on FNF's privacy and infonnation security policies. FNF works hard to retain information related to you only as long as reasonably necessaty for business and/or legal purposes. Info1·mation From Children The Website is meant for adults'. The Website is not intended or designed to attract children under the age of thirteen (13). We do not collect Personal Infom1ation from any person that we know to be under the age of thilieen (13) without permission from a parent or guardian. Privacy Outside the Website The Website may contain links to other websites, including links to websites of third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users Because FNF's headquarters is located in the United States, we may transfer your Personal Infmmation and/or Browsing Information to the United States. By using our website and providing us with your Personal Infonuation and/or Browsing Information, you understand and consent to the transfer, processing and storage of such infonuation outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Do Not Track Disclosures Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. The California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet ("CCN"), FNF is acting as a third patiy service provider to a mortgage lom1 servicer. In those FNF Privacy Notice Effective: Aprill, 2016 instances, we may collect cetiain information on behalf of that mortgage loan servicer, including: first and last name; propetiy address; user name anc! password; loan number; social security number-masked upon entry; email address; security questions and answers; and IP address. The information you submit is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Information, and Access and Correction. If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, contact your mortgage loan servicer. Access and Correction To access your Personal Infonnation in the possession of FNF and conect any inaccuracies, please contact us by email at privacy@fnf.coiu or by mail at: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: ChiefPrivacy Officer Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Infonnation to FNF, you consent to the collection and use of information by FNF in compliance with this Privacy Notice. We reserve the right to make changes to this Privacy Notice. If we change this Privacy Notice, we will post the revised version on the Website. ContactFNF Please send questions and/or comments related to this Privacy Notice by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: ChiefPrivacy Officer Copyright© 2016. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF APRIL 1, 2016 Page 182 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the Califomia Code of Regulations Fidelity National Financial, Inc. and its subsidiaries (''FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary repmt or commitment. Please be aware that the provision of this notice does not constitute a waiver of the conswner's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of tl1e terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occuned since the issuance of the original repmt or commitment, tl1e order may be reopened within 12 months and all or a pmtion of the charge previously paid for the repmt or commitment may be credited on a subsequent policy charge within the following time period fi·om the date of the repmt. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a chmch or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the chmch's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insmance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home prope1iy. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a pmiy to the transaction. CA Discount Notice Effective Date: 1-10-2010 Page 183 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded :fi·om the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these Jaws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPolicy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting fi·om a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encnrnbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant becan1e an insured under this policy; (c) resulting in no loss or damage to the insured clainumt; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insw·ed mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insw-ed mmtgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner ofthe indebtedness, to comply with the applicable doing business Jaws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the ins w-ed mmtgage, or claim thereof, which arises out of the transaction evidenced by the insw-ed mmtgage and is based upon usw-y or any conswner credit protection or truth in lendiog law. 6. Any claim, which arises out of the transaction vesting in the insw-ed the estate of interest insured by this policy or the transaction creatiog the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in bollildaiy lines, shmtage in a~·ea, encroaclnnents, or any other facts which a conect survey would disclose, and which a~·e not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) a~·e shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HO:MEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) . .UTA HO:MEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You a~·e not insmed against loss, costs, attmneys' fees, a11d expenses resulting fi·om: 1. Governmental police power, and the existence or violation of those pmtions of a11y law or govenunent regulation concerning: a. building; b. zoning; c. land use; d. improvements on the La11d; e. la11d division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk S.a., 14, 15, 16, 18, 19, 20,23 or 27. 2. The failure of Your existing structures, or any pait of them, to be constructed io accordance with applicable building codes. This Exclusion does not limit the coverage described io Covered Risk 14 or I 5. 3. The right to talce the Land by condemning it. This Exclusion does not limit the coverage described io Covered Risk I 7. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they a~·e recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they a~·e recorded in the Public Records at the Policy Date; Attachment One (6-5-14) CA & NV Page 184 c. that result in no loss to You; or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk II 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 baukruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar· Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar· limits shown on Schedule A ar·e as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% %of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% %of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amom1t Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOA.t'l POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximmn Dollar· Limit of Liability $ 10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters ar·e expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attomeys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, . prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or govenm1ental regulations. This Exclusion !(a) does not modifY or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modifY or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modifY or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrar1ces, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in tl1e Public Records at Date of Policy, but Known to the Insured Clain1ant and not disclosed in writing to the Company by the Insured Clain1ant prior to the date the Insured Claimant becarne ar1 Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modifY or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insru·ed Claimant had paid value for the Insmed Mmtgage. 4. Unenforceability of the lien of the Insmed Mmtgage because of the inability or failure of an Insured to comply witl1 applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in pa!i of the lien of the Insured Mmigage that arises out ofthe transaction evidenced by tl1e Insured Mmtgage ar1d is based upon usmy or ar1y consumer credit protection or truth-in-lending law. 6. Any clainl, by reason oftl1e operation of federal bania'uptcy, state insolvency, or sin1ilar creditors' rights laws, that the transaction creating the lien of the Insured Mmtgage, is (a) a fraudulent conveya11ce or fi·audulent tra11sfer, or (b) a preferential tr·ansfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on tl1e Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mmtgage in tl1e Public Records. Tllis Exclusion does not modifY or limit the coverage provided under Covered Risk 11 (b). The above policy form may be issued to afford either Standar·d Coverage or Extended Coverage. In addition to the above Exclusions fi·om Coverage, the Exceptions from Coverage in a Star1dard Coverage policy will also include the following Exceptions fi·om Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part II,( t( or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, t11at ar·ise by reason of: Attaclm1entOne (6-5-14) CA &NV Page 185 (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions fi'om Coverage in a Standard Coverage policy will also include the following Exceptions fi·om Coverage: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shovvn by the Public Records but that could be asce1iained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining clainis; (b) reservations or exceptions in patents or in Acts authorizing tl1e issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Prui I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they ru·e not subordinate to the lien of the Insured M01igage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters ru·e expressly excluded fi·om the coverage of this policy, ru1d the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or govemmental regulation (including tl1ose relating to building a.Jld zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of a.JlY violation of tl1ese laws, ordinances, or govemmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modifY or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. Tllis Exclusion does not modif)' or Iiniit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse clainis, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimru1t; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claima.Jlt and not disclosed in writing to the Company by the Insured Claimru1t prior to the date tl1e Insured Claimant beca.Jlle a.Jl Insured under tl1is policy; (c) resulting in no loss or damage to tl1e Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modifY or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or da.Jllage tl1at would not have been sustained if the Insmed Clainia.Jlt had paid value for the Title. 4. Any clain1, by reason of the operation of federal bankmptcy, state insolvency, or siniilru· creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent trru1sfer; or (b) a preferential transfer for a.JlY reason not stated in Covered Risk 9 oftl1is policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority a.Jld created or attaching between Date of Policy ru1d the date of recording oftl1e deed or other instrwnent ofl!·a.Jlsfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford eitl1er Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standru·d Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or da.Jllage, a.Jld the Compru1y will not pay costs, attorneys' fees or expenses, that ru·ise by reason of: (The above policy form may be issued to afford either Standru·d Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions fi·om Coverage: I. (a) Taxes or assessments that are not shown as existing liens by the records of ru1y taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whetl1er or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, .or claims that ru·e not shown in the Public Records but that could be asce1iained by an inspection of the Lru1d or that may be asserted by persons in possession of the Lru1d. 3. Easements, liens or encwnbrru1ces, or claims thereof, not shown by the Public Records. 4. Any encroachment, encU111brru1ce, violation, variation, or adverse circumsta.Jlce affecting the Title that would be disclosed by an accurate and complete lru1d survey oftl1e Land a.Jld that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts autl10rizing the issuance tl1ereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) ru·e shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by tl1e Public Records. 7. (Vru·iable exceptions such as taxes, easements, CC&R's, etc. shown here.) Attachment One (6-5-14) CA & NV Page 186 ALTA EXPANDED COVERAGE RESIDENTL-\L LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded fi:om the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance, permit, or govenm1ental regulation (including those relating to building and zoning) restricting, reguJating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, din1ensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or govenm1ental regulations. Tllis Exclusion l(a) does not modifY or linllt the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any govemmental police power. Tllis Exclusion 1(b) does not modifY or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under tllis policy; (c) resulting in no loss or damage to ti1e Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, tilis does not modifY or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24,27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for ti1e Insured Mmtgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unentorceability in whole or in part of the lien of the Insured Mortgage that arises out of the h·ansaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or h·uth-in-lending law. This Exclusion does not modifY or limit ti1e coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mmtgage as to Advances or modifications made after ti1e Insured has Knowledge ti1at ti1e vestee' shown in Schedule A is no longer ti1e owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 1 I. 7. Any lien on the Title for real estate taxes or assessments imposed by govemmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modifY or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential sh·ucture, or any pmtion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. T11is Exclusion does not modifY or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason ofti1e operation of federal banlauptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insmed Mottgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential h·ansfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5-14) CA & NV Page 188 168-020-65-00, 168-040-02-00 EXHIBITD 21 LOCATION MAP 14i4Bii+liill·ML·-----------------t---1 I ~==="".......,___,,..,-,.-A! VIC IN I TY PROJECT NAME \. ', L~---···------------------------ '1 I \ ' Lake Calavera Remedial Improvement Project Mitigation Sites Declaration of Restrictive Covenant Document Path: J :\RequestsMarch201 5\PublicWorks\Utilities\RITM001 0922_ 17\CalaveraPreserveRestorationSites.mxd MAP / u EXHIBIT D