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CUP 2019-0004; BEACONS INC; Conditional Use Permit (CUP)
. . . · t·· c·.i· \' cl , __ ,.I .... I .. .,,, -·1 t· l (,_,,ar s )c1Ci LAND USE REVIEW~~ APPLICATION P~1 Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES} Development Permits (FOR DEPT. USE ONL YJ Legislative Permits 0 Coastal Development Permit D Minor 0 General Plan Amendment 1--------1 I I.ii Conditional Use Permit r f 1f, ~ ~ IQ • ---C.tJ !i] Minor D Extension\._.1...11 'q V • -, •~ { - 0 Day Care (Large) 1---------1 0 Local Coastal Program Amendment Master Plan □Amendment □Amendment □ Environmental Impact Assessment 0 Habitat Management Permtt 0 Hillside Development Permit OM\nQt 0 Minor 0 Nonconforming Construction Permit 0 Planned Development Permit O Minor 0 Residential O Non-Residential 0 Planning Commission Determination 0 Reasonable Accommodation D Site Development Plan D Minor 0 Specia\ IJse Permn 0 Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor -------t 1--------1 D Specific Plan 0 Z.~:meCha~ D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative O Minor O Major Village Review Area Pennits D Review Permit 0 Arlmnts\ra\\\l~ 0 M\nm D M-a)m (FOR DEPT. USE ONL YJ EJ NOTI:: A PROPOSED PROJE:CT REQUIRING APPLICATION SUBMJTTAl MUST BE Sl18/IIJJTTED BY APPOINTMENT'. PLEASE CONTACT THE APPDINTMa.T SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: (STREET ADDRESS) NAME OF PROJECT: ----_e~t;t)1J_:~-rvic:-.--Cd:___1,~n;11/flrlli: _R11 b/Je-B-Rv1e-lJtS!!f1JOrliDkl An apphcat1on for a minor conditional use permit to enable Beacons, Inc. to use an existing office space zoned-BRIEF DESCRIPTION OF " d t· I fa ·i·ty t ·d . b t -· d ed t· I . as PROJECT: "PM as an e uca 1ona c1 1 o prov, e JO rammg an uca ,ona support services to adults with_intellectual disabilities. No physical or structural changes will be made to the existing rental space. -- -P-R-OJ-E-CT_V_A-LU_E __ NIA-, (3J,cc{)y\_s IJ(,4--'f;>.Ll'l(.()V1S 1,1.!,i~ (SJTE JMPROVEMENTS) JrtteM_<S-/f) ll~$,e. ESTIMATED COMPLETION DATE (?)Q5'f)J1f1 {)ff;c,e '?QP<..~ . ~,,,,C(!; ~-S I !:I• FOR CITY USE ONLY Development No.})£=\}~ J(?-()0 '-f ')-.... Lead Case No. P-1 Page 1 of 6 Revised 03/17 ,..,, -~ ______ ,, ____ ·-... --"-~•-=----=;:c,.. ____ -·--·--·---·-·-····--------------. tNOiViDUAL NAME (f! .:;1&:·i,-11:-1,,;atx~ L CDMP.A.N\< fx.t..J1lE: (f -ap-pliczf:-k'!l· ,v,,1,..{NG ADDRESS: TELEPHONE: ~{-ec11. IJorr,.J -------- P rr e~be"~ t\ u.c. wso '/t.1.rt~ Ix-, St/i:f:e. D CP. .,,(& b-"tl CA ttzo ll 1f.lO !£3..'.t;-_-3.Y:......;z.s ___ --__ l::Jl2..f.n.2.itH.v ti c,o/.coM 1 MAIUMG ADDRESS: 3152 UONSHEAO AVENUE ! 1 CITY, ST ATE, ZIP: I ;~·LEPHONE CARLSBAD, Cl\920H) ?60.-692-4012 ; APPLfCANT NAME f f~,.lDiV?D(J~a,~ NA.f:FU.:: J~ ;;pi;.FCatid ,i: ~:~ ~DDR~SS: BHOA/fAN@HOFMANP~A.NNING,COM / CC: ErliUNOZ@HOF•HA.NPLANNH\'.G.cr_~_•r•_::_·· ------- i f CERn-~~r T}-tJ~T r A~.;t THE REF"RESEf'.JT{\1'h-''.:: OF THE :~f.}PtJGlU'Tf FC'R t I PU~POSES 0~' THIS .ll.FPUCA T!DN .li,ND THAT ALL THE ABOVE: f I iNFGfo\ftATION is TRUE AND CORRECT ro THE BEST OF MY ! j KNOWtE1'~ ! !,,,~~ ~~J~ /~Ol'l( i J1:..:.,t9r~. 1 ~J v_ :..-•, , ~ f:'_ t ~t~ THE r.1~0CESS· OF F~E~•-tif='t~itN{'i ·rt-ftS 1,\;PPLtC1trioN tT tvtAY GE ~i(E~Ct:s&~\fiY FOR. ~1E.tv1Bf::.f{S OF-c,rv S'fP..fFl' PLA.Nf'..!!N.G CQ:\1l\USS!()f~(:RS OR. C~TY c.c;.LJl'·!(;n_ ~1E·t~1SERS TC} Jt•ciS?ECT r~J'-iD Ef~JTER THE PROPERT·t T"}i.A.T J"::i THE SlJBJEC:r OF THiS APPUCAT10N. lfWE CDNS,ENT TO EWKY FOR THIS PURPOSE. NOTtCE Of RESTRICTION:. PROPERTY OWNER ,'\CKNOl/,JLE()C;!::,S AND CONSENTS "TO/\ NOTICE OF RES.'rR!CTrON BEING RECORDED ON THE TfflE TO Hi$ PROPE.RTY fF CONDITIONED FOR THE APPUGANT, NOTICE OF RESTRiCTlONS RUN WITH C '. D BIND .AMY sue ESSORS iN !\\ffEREST. \. R~r -~,,,r.:~ I f ! i , ! j i i I 1 =F=o=R=c=rr=v""'ui=s=E=ON=.,,L=)'=. ====-=--=----=--=s--===========-.•""!'"~"?,1.A."""R;a=TSr_=s4F=>cz'K'o'T9';;;. ===~= r~-------"=-'-'-~~---=-"'""=-----~--1 CITY o:= DATE STAMPAPPLiCAT!ON RECEIVED RECEIVED BY: ~---;---- H.£:VJS,Y'J ~1:.r ! ! I {'city of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporati<m, estate, tmst, recei'ler, sywdk.ate, in this and 8f\'J other count'J, dty and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may ·sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person___________ Corp/Part'------------- Title ___________ _ Title -------------- Address Address ------------------------ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. {A. separate pa9e may be attached \f necessary.) Person ~('fA'.\ \Vorris Corp/Part __________ _ Title]iu~, Pfr Es~ Uc.. Title __________ _ Address (o('i{) ia((Dk() Dc. Address __________ _ ~"He D1 C.a,v:l2/ood, ct1 gzo, , Page 1 of 2 Revised 07/10 If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust -BestQVl"?, -cw:-, i\lon Profit/Trust J3eqcoJtt:$ 3 :enc.. Title lftk5u<t!r. 'Javi-et 5&-~~~Titie..i)g,:>~TP\e~t, Luc"d12 L':I iv.L, J i ~ Address "77~/ f:xc..r.i#~d st Address 1 'Z-57 Si::bo LhlA.ft LJi 1(1~ w CA-e:f Z-0011 utv'l~~@A c,. A-~ J-005 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within tile past twelve (12) months? Oves G7ii\l LL.:!!l 1.0 !f yes, piease indicate person(s): ____________ _ ' NOTE: Attach additiona! sheets if necessary. l certify that ail the above information is true and correct to the best of my knowledge. , ~ 7 . ~ r 'B..tei;.to-vts, )~Cr--~~ez:61. _ £. ~cE-~« , a Signature')':if owner/date Sig a re of ap ·cant/date i Print or type name of owner Print or fype name of applicant 1 r/app!icant's agent if applicable/date BILL HOFMAN. HOFMAN PLANNING ANO ENGINEERING Print or type name of owner/appficant's agant P-1(A) Page2of2 Revised 07/10 PROJECT DESCRIPTION p .. 1 {B) Planning Division 1635 Faraday ll.11er1ue (760) 602-4610 www.carlsbadca.gov Minor Conditional Use Permit: To use PM Zoned office space located at 6150 PROJECT NAME: Yarrow Drive, Suite E for educationally related purposes under 21.04.137. APPLICANT NAME: Beacons, Inc. (a CA nonprofit public benefit charity). Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: ; BEACONS, INC. is a California nonprofit benefit corporation formed in 2018 to help adults with intellectual disabilities live their lives as independently as possible by offering on-site and off-site community based training services and small ratio instruction in the areas of employment, community access, post-secondary education, fitness and health, living skills and self advocacy. On-site and off-site activities will be presented in ratios of no more than 5:1 trainee/instructor ratios with an average of 2 groups on the premises at any one time. Parent/caregiver workshops and seminars will occasionally be held on-site to strengthen the teams supporting individuals with intellectual disabilities. _::;.... One of the main goals of BEACONS, INC. is to work with those with intellectual disabilities (age 18+) in the community to help them secure competitive integrated employment. Current data indicates that over 85% of those with intellectual disabilities are chronically unemployed. We chose to locate in this particular area of Carlsbad because there are so many small businesses that could provide job training and employment opportunities as well as other services and public transportation. The clients/participants will participate in small workshops and other activities on site to further their independent living skills and ability to access community resources and public transportation. These clients/participants will find job trainee or volunteer options in the surrounding business community to further develop their job skills and readiness for paid employment. BEACONS, INC. will be fulfilling a needed service to this underserved population. There is currently no other such organization in north county that is designed to address the actual employment, social and independent living skills needs for adults with intellectual disabilities in such a comprehensive and person-centered manner. The project application submitted by BEACONS, INC. is to obtain a minor conditional use permit to allow BEACONS, INC. to use the office space at 6150 Yarrow Drive, Suite E, Carlsbad, CA 92011 (zoned as "PM") as an educational facility as defined by zoning ordinance 21.04.137 (Educational facilities, other). BEACONS, INC. will provide educational training and workshops for adults with intellectual disabilities both on-site and in the local business community to build their independence. BEACONS, INC. has the support of the property owner as well as the current tenants on the property. The potential participants of this program are all non-drivers. It is anticipated that they will arrive and depart by parent/guardian drop off /pick up, carpooling, public transportation and/or Uber/Lift. BEACONS INC. has also done a parking study to ascertain the impact of our educational facility on the property and local area. We have included with our application package the data collected from this parking study and our executive summary of the findings (we have the hourly data and photos available upon request). Because of the nature of this nonprofit business and it's clients/participants, we do not see any unusual and increased impact of our use on the parking lot itself and/or the area traffic. For additional details, please consider visiting our website at: BeaconsNorthCounty.com or contact one of the officers listed on the disclosure statement. Thank you for considering this application. HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Consult.atlon of Lists of Sites Related to Hazardous Wastes (Certifrcation of Complianc€ with Government Code Section 65962.5} Planning Division 1635 Faraday Avenue (760) 502-4610 v-rww.carfsbadca.gov Pursuant to Stale cl Caiifomia Govemmeni Code Section 65962.5, \ have consutted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one}: ~ The deveiopment project and an)" altematrves propcsed ln U,is application art n2t contained on the lists compiled pursuart to Section 65962.5 of the State Government Codf:. r~ u The development projact and any alternatives prop;.>sed in this application m contained on the lists compiled pursuant to Sectlon 65962.5 c-,f the Slate Government Code. APPUCANT Name:_ '6Pttcotis~-------- Address:_ (flS-0 ~a((QvJ PC: nH<~---· Carl~ b..&L.fiL q ;):O ti Phone Number: 1<PO-_i.f"'f<°(~& 2,3'> PROPERTY OWNER /1-a+n c-eer1-tJ oa i ~ Name; ___ .£k-.....f!s.bettts.:e11 1 LL<;:. Ad.dress:v,(5°0 ¥a rf0¥? J:)r-. 5<ii•k'J) Ca v 1, ""'A . c ,4 11 :>..o , 1 Address of Sile:__ (il.50 ~tr(IOvV D(iJ..t. ,.Su1f( € Local Agency {Clty and County): ca.r1~b:t'd , .$.~ ¾. ..... o_. _.G~.o~v-"---~~l"J--------- Assessofs book, page, and p.arcer numb€r: ________ ~------------- Specify !ist(s): ____ -----~ Regulatory !dentification Nt1mter: _____________ _ Date of list: ___ _ ··---"'-.L-~~=~=.:~-Propetty Owner SrgnaroretDate / The Hazardous Waste ,Jr:ci Substances Sites List (Cortese UstJ is used by the State, local agencies and developers 'O comply with the Califomfa Envimnmentaf Quality Act requirements in providing information ab0ut the location of hazardous materials release sit,~s. Page·• ,,f 2 ENVIRONMENT AL INFORMATION FORM (To be Completed by Applicant) Date Filed: _3_1/{_1 tf---'--+/_!_1 ______ (To be completed by City) Application Number(s): C.vfJ 8011-OOol.j General Information 1. Name of project: _f?_e_"li_C_t::7_\/1.._~_,lc.....L_n_c.._. ----------------- 2. 3. Name of developer or project sponsor: _________________ _ Address: ~/50 ~arrov-> Dr,ve. City, State, Zip Code: (a v-(6 b::rJ. C ft Phone Number: 7VO -'-('fy;-{.p,J-30 Name of person to be contacted concerning this project: _B_I_L_L_H_O_F_M_A_N _____ _ Address: 3152 LIONSHEAD AVE City, State, Zip Code: CARLSBAD, CA 92010 Phone Number: 760-692-4012 4. Address of Project: {f/50 ,, IJ ((OuJ De, Sude EI Ulr1Gb:tti Cfi-qd-Otf r , Assessor's Parcel Number: _____________________ _ 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. 7. 8. 9. Existing General Plan Land Use Designation: __ ?~--J:~------------ Existing zoning district: --+f----'-tJ'.-__________________ _ Existing land use(s): ____ 6_~ __ \_ .... _'<--_-'--/_;_"'\._J_-s_'--_"_~_~_l __________ _ Proposed use of site (Project for which this form is filed): MI VI O 'r cord. rb O tlA1.. u s~ ~ev'Mif-M EJ..«rf\.i,owJ ~c.:·• frbJ (i,mi~ Mil ,Z,(. O'f.(~7) Project Description 10. Site size: ___ \.......,._,~l __ a..~c,.,~------------------- 11. Proposed Building square footage: ___________________ _ 12: Number of floors of construction: ___________________ _ 13. Amount of off-street parking provided: ---~-1o------j'F-f-"'~..;;....;::._..S'------------ 14. Associated projects: _______________________ _ P-1(0) Page 2 of 4 Revised 07/10 15. 16. 17. 18. 19. P-1(0) If residential, include the number of units and schedule of unit sizes: __________ _ If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: If industrial, indicate type, estimated employment per shift, and loading facilities: If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: C, ... t.,w:.., f eluu.+-;:1"'- E-,"'·, '~1 kl' s.,:,ee·,-.\ "-e..ds .... J~lf:Il d~& ... t4<':J ~(;,~I::: z., 10-1S- 1f the project involves a variance, conditional use or rezoning applications, state this and indicate ~ clearly why the application is required: ____________________ _ Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D gJ alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D ft:1 roads. 22. Change in pattern, scale or character of general area of project. D S 23. Significant amounts of solid waste or litter. D ~ 24. Change in dust, ash, smoke, fumes or odors in vicinity. 0 IE 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D ~ alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D ~ 27. Site on filled land or on slope of 10 percent or more. D !ZI 28. Use of disposal of potentially hazardous materials, such as toxic substances, D ~ flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D [8f etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D @' 31. Relationship to a larger project or series of projects. D 3 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my kn ledge and belief. Date: a/J5 /:}Oltj Signature: For: P-1(D) Page4 of 4 Revised 07/10 (city of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E} PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call ( 0) 602-4610. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 February 27, 2019 To: Carlsbad Planning Department Re: MCUP Application for Beacons, Inc. 6150 Yarrow Drive, Suite E, Carlsbad, CA 92011 We are writing to you in support of Beacons, Inc. receiving a minor conditional use permit from the City of Carlsbad. We are fellow tenants in the building, and we have no problem with what Beacons, Inc, is planning to do with the space and understand there should be no adverse impact on traffic or use of the parking lot. Beacons, Inc. will be a good addition to our building, and we support the need for vocational and life skills training for young adults with disabilities in north county. We encourage the City of Carlsbad to support this type of nonprofit business in our community. Thank you for your consideration of their MCU P and our support of their endeavor. '/ A J Aa~l'l£{&'t"-/Vt?lvrs (15-J ~ Kathleen Norris, property owner llff//llllfltr a,v,J... · _.::,, Tina Wilbanks, property manager -------l Esbensen Properties, LLC Suite D Owner/manager Goldeneye, Inc. Suite A Owner/manager Bologna Gourmet Deli SuiteC ~ Owner/manager Harding Insurance Agency Suite F ~ I \. ~~: _ •• · I \. \. ___ __:,.,:·. ~> . Owner/manager -'-I~ Synthetic Proteomics, Inc. · -~ · "'l.,~ SuiteG --7' ,1/ -. ,. . C ~Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00103696-993-SD2-CFU Kidder Mathews -Carlsbad 5927 Priestly Drive, Suite 101 Carlsbad, CA 92008 ATTN: John Hoffmann Email: johnh@kiddermathews.com REF: Escrow/Customer Phone: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@ctt.com PROPERTY: 6150 YARROW DRIVE, CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof. a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set.forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that setforth in the arbitration clause, all arbitrable matters shall be arbitrated at the option o,f either the Company or the Insured as the exclusive remedy of the parties. limitations on Covered Risks applicable to the CLTA and ALTA Homeowner 's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued sole(v for the purpose o.ffacilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) o,f title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list al/ liens, defects and encumbrances affecting title to the land. Chicago Title Company ~ By:--~----- Authorized Signature • 8y CLTA Preliminary Report Form-Modified (I 1/17/06) Page I C ~Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE: January 29, 2019 at 7:30 a.m. ORDER NO.: 00103696-993-SD2-CFU The form of policy or policies of title insurance contemplated by this report is: ALTA Standard Owner's Policy (6-17-06) AL TA Extended Loan Policy (6-17-06) ALTA Standard Loan Policy (6-17-06) I. THE EST ATE 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: PGESBENSEN PROPERTIES, LLC, a California limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CL TA Preliminary Report Form -Modified ( 11 ! l 7 /06) Page 2 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00103696-993-SD2-CFU THE LAND REFERRED TO HEREIN BELOW IS SITU A TED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA, AND JS DESCRIBED AS FOLLOWS: LOT 2 OF CARLSBAD TRACT NO. 79-14, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 9744, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 5, 1980. APN: 213-070-02 CL TA Preliminary Report Form -Modified {I Ii I 7 /06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: C EXCEPTIONS Chicago Title Company ORDER NO.: 00103696-993-SD2-CFU AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITIO:"J TO THE PRI~TED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2019-2020. B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. 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, familial 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: October 1, 1974 Recording No: 1974-0263897 OF Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said instrument provides or establishes: Easements Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. The provisions of said covenants, conditions and restrictions were extended to include the herein described Land by an instrument Recording Date: December 3 I, 1974 Recording No: 1974-0337587 of Official Records Modi ft cation( s) of said covenants, conditions and restrictions Recording Date: June 1, 1977 Recording No: 1977-212678 of Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: June 27, 1977 Recording No: 1977-252978 of Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: June 27, 1977 Recording No: 1977-252979 of Official Records CL TA Preliminary Report Form -Modified ( 11 117 /06) Page4 C PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00103696-993-SD2-CFU EXCEPTIONS (Continued) 2. 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: Pacific Telephone and Telegraph Company communication facilities November 26, 1980 1980-400581 of Official Records The exact location and extent of said easement is not disclosed of record. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: San Diego Gas and Electric Company public utilities, ingress, egress June 29, 1983 1983-0221129 of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 4. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Recording Date: Recording No: $900,000.00 September I 9, 200 I Philip G. Esbensen, a married man as his sole and separate property Mission Oaks National Bank Mission Oaks National Bank October 10, 2001 2001-0732263 of Official Records No reconveyance or release of this item appears of record. However, we have reason to believe that it may have been paid, and we will be requesting an examination of prior proceedings by the appropriate entity. Ifwe are able to eliminate this item, we will advise you by way of a supplement to our report. Please be advised that it is not the responsibility of this Company to provide the necessary documentation to determine the viability of the trust deed and no assurance is given that we will be able to eliminate this item. 5. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Loan No.: Recording Date: Recording No: $1,150,000.00 June 10, 2016 PGEsbensen Properties, LLC, a California limited liability company First American Title Insurance Company, a Nebraska corporation Standard Insurance Company, an Oregon corporation B605 l 102 June 30, 2016 2016-0327069 of Official Records CL TA Preliminary Report Form -Modified ( 11/17 /06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: C EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00103696-993-SO2-CFU A partial assignment of the beneficial interest under said trust deed From: To: Recording Date: Recording No: Standard Insurance Company, an Oregon corporation Banner Bank, a Washington chartered commercial bank ( 13%), Employers Insurance Company of Wausau, a Wisconsin stock insurance company (0.576%), Liberty Life Assurance Company of Boston, a New Hampshire stock insurance company (2.56032%), Liberty Mutual Fire Insurance Company, a Wisconsin stock insurance company (0.576%), Liberty Mutual Insurance Company, a Massachusetts stock insurance company (3.51936%), The Ohio Casualty Insurance Company, an New Hampshire stock insurance company (0.576%), Peerless Insurance Company, a New Hampshire stock insurance company (1.40832%), Safeco Insurance Company of America, a New Hampshire stock insurance company (0.384%) August 18, 2016 2016-0425896 of Ot1icial Records 6. An assignment of all moneys due, or to become due as rental or otherwise from said Land, to secure payment of an indebtedness, shown below and upon the terms and conditions therein Amount: Assigned to: Assigned By: Recording Date: Recording No: $1,150,000.00 Standard Insurance Company, an Oregon corporation PGEsbensen Properties, LLC, a California limited liability company June 30, 2016 2016-0327070 of Official Records 7. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Subordination and Attornment Agreement PGEesbensen Properties, LLC, a California limited liability company Esbensen & Associates, a corporation June 30, 2016 2016-0327071 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 8. Water rights, claims or title to water, whether or not disclosed by the public records. 9. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 10. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license 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. CLTA Preliminary Report Form-Modified (11/17/06) Page 6 PRELIMINARY REPORT YOUR REFERENCE: C EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00103696-993-SD2-CFU PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFOR,_'\1ATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CL TA Preliminary Report Form -Modified (11/ l 7 /06) Page 7 PRELIMINARY REPORT YOUR REFERENCE: C REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 00103696-993-SO2-CFU I. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: PGESBENSEN PROPERTIES, LLC, a California limited liability company a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member. d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. t) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form. END OF REQUIREMENTS CL TA Preliminary Report Form -Modified (11/17/06) Page 8 PRELIMINARY REPORT YOUR REFERENCE: C INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00103696-993-SD2-CFU I. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: I st Installment: 2nd Installment: Exemption: Code Area: 213-070-02-00 2018-2019 $9,085.20 $9,085.20 0.00 09018 2. None of the items shown in this report will cause the Company to decline to attach ALT A Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 3. The Company is not aware of any matters which would cause it to decline to attach CL TA Endorsement Form 116 indicating that there is located on said Land Time Share properties, known as 6150 Yarrow Drive, located within the city of Carlsbad, California,, to an Extended Coverage Loan Policy. 4. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 5. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 6. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. OTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 7. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company's State Counsel, Regional Counsel, or one of their designees. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/rp CLTA Preliminary Report Form -Modified (IL 17/06) Page 9 ··~•• C ::s~• IRE SAFE. Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MUL Tl-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Wire Fraud Alert Federal Bureau of Investigation: l1ttp:llwww.(bi.g'1v Original Effective Date: 5/11/2017 Internet Crime Complaint Center: http://www.icJ.gov Page I Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved C FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "'we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. Types of Information Collected We may collect two types of information from you: Personal lnfonnation and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g., Social Security Number, driver's license. passport, or other government ID number); • financial account inforn1ation (e.g., loan or bank account information); and • other personal information necessary to provide products or services to you. Browsing Information. FNF may automatically collect the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or mobile device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website How Personal Information is Collected We may collect Personal Information about you from: • information we receive from you on applications or other forms; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. How Browsing Information is Collected If you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting. fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This infonnation is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to other websites. FNF is not responsible for the privacy practices or the content of any of those other websites. We advise you to read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and third parties' products and services, jointly or independently. When Information Is Disclosed We may make disclosures of your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 MISC0219 (DSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page I Order No. 00103696-993-SD2-CFU C • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Please see ''Choices With Your Information" to learn the disclosures you can restrict. Security of Your Information We maintain physical, electronic, and procedural safeguards to guard your Personal Information. We limit access to nonpublic personal information about you to employees who need to know that information to do their job. When we provide Personal Information to others as discussed in this Privacy Notice, we expect that they process such information in compliance with our Privacy Notice and in compliance with applicable privacy laws. Choices With Your Information If you do not want FNF to share your information with our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen ( 18).We do not collect Personal Information from any person that we know to be under the age of thirteen ( 13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except (I) as required or authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good-faith belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The revised Privacy Notice, showing the new revision date, will be posted on the FNF Website. Each time you provide information to us following any amendment of this Privacy Notice, your provision of information to us will signify your assent to and acceptance of the terms of the revised Privacy Notice for all previously collected information and information FNF Privacy Statement (Eff. 5/1/2015) Last Updated March I, 2017 Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved MJSC02 l 9 ( DSI Rev. 3/2/ l 7) Page 2 Order No. 00103696-993-SD2-CFU C collected from you in the future. We may use comments. information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of infomrntion sharing for affiliate marketing, send your requests via email to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: Fidelity National Financial, Inc. 60 I Riverside A venue Jacksonville, Florida 32204 Attn: Chief Privacy Officer FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 MISC0219 (OSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00103696-993-SD2-CFU Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description 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 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 occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months 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 church or for charitable purposes within the scope of the 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 RA TE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 1-10-20 I 0 C 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: 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 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 ofa defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; ( d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any 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 COVERAGE-SCHEDULE 8, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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 boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One (6-5-14) CA & NV 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 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: 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 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 less) 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 from the coverage of this policy, and 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 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 ofland; or (iv) environmental protection; or the 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 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, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; ( d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk l l(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 from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One (6-5-14) CA & NV C (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 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 shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I 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 are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(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, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 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 shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) Attachment One (6-5-14) CA & NV ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) 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, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; ( d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19,20,21,22,23,24,270r28);or ( e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk I l(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. I 0. 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 -i sti o O (II 3 0 Q. ~Ill ~: af > ~ -g ijj ~ ill .Q[ .!-,i Q,,~ g!a ID.i ![ ~$ ~~ •• • <> u ail ii il.~ ~:i •" ~I if ~:; i~ ii c,o o" as g:i ~ vi~l ~ :J !R~ -a" Q,, i-! al !l ~i ~8" ~5 :; I[ _$ ~ E g~ i ~l g_ !?.,~ CD • <> ~ .. -~ a le. 3 E. ' ~ Ill • ,I. ill -C: 0 • < _::i ;~ ~ g Q,, i ;~ ~ ~~ S 11; o a,, ~ !i ~ a (0 ~~ .. ~ 0 ~ ::ii s 09 0 ~ I '.:'! "' ~ ~ SAN DIEGO COUNTY ASSESSOR'S w.P BOOK213PG07 ,iJlJ•E @ THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY 1$ ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDMSION OR BUILDING ORDINANCES. 213-07 } 1"=200' 'iJ II ~ l' 01@11(19 □EP -- @ ~ C ,t 3 IZAC ~ BLK OLD 070 @ ,:: 10 IO,So-01 .... 12 /,$,,~ = 20-22 . K~ssb,1"• ~4-292.Ji, -•~ :1 ~ ,~ ,; 90 '~ 0 149AC 6J a: ze~-•• ~, a • uJ NO O l ~ 8 © =~ ~~•••c £ 2d4 60 11 uJ I ~ 06 N I-~ 7 0 ! l.16AC 8 " 39.77 /50 . II ~e~•m-- ----- @ Ui&AC MAP 10738 MAP 9744 MAP 8054 CARLSBAD TCT. NO. 83-10 CARLSBAD TCT. NO. 79-14 CARLSBAD TCT. NO. 73-49 NGFS NEW R CUT I-JI Bl 151 1'1>8 81.390 /Z l<I• /0051 ,.,_,Q •• 3/ ,,.zz 8' /7.9!} n-z1, 9411/8 Z7tiJ " {8113 29 01 1929 JDUI . "" f) ()