HomeMy WebLinkAboutPUD 09-02B; LIFE TECHNOLOGIES MASTER PLAN; Planned Unit Development - Non-Residential (PUD)«~~~ ~ CITY OF
CARLSBAD
LAND USE REVIEW
APPLICATION
P-1
Vlne,y1
Development Services
Planning Department
1635 Faraday Avenue
(760} 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
DeveloQ.ment Permits
□ Administrative Permit
□ Coastal Development Permit (*) OMinor
□ Conditional Use Permit (*)
OMinor 0 Extension
□ Environmental Impact Assessment
□ Habitat Management Permit OMinor
□ Hillside Development Permit (*)
0 Planned Development Permit
0 Residential 0 Non-Residential
□ Planned Industrial Permit
□ Planning Commission Determination
□ Site Development Plan
□ Special Use Permit
□ Tentative Traci Map
D Variance □Administrative
(FOR DEPT. USE ONLY) Legislative Permits
Rlooti~
0 General Plan Amendment
0 Local Coastal Program Amendment (*)
0 Master Plan
D Specific Plan
D Zone Change (*)
[ZIAmendment
□Amendment
D Zone Code Amendment
List other aQQ.lfcatfons not specified
□
□
□
(*) = eligible for 25% discount
(FOR DEPT. USE ONLY)
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING
ONLY ONE APPLICATION BE FILED MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).: 212-130-44-00; 212-130-45-00; 212-130-49-00
PROJECT NAME: Life Technologies Master Plan evo oq -DU
BRIEF DESCRIPTION OF PROJECT: Amendment to existing l?.Y.D 8~CD10-04 & Reciprocal Parking and Access Agreement1
for adjustment to surface parking count numbers and the request for a street vacation of Van Allen Way for (31 properties.
OWNER NAME (Print): SEE ATTACHED -------------APPLICANT NAME (Print): Mcfarlane Architects
MAILING ADDRESS: 6363 Greenwich Drive, Suite 140 MA I LING ADDRESS:
CITY, STATE, ZIP: CITY, STATE, ZIP: _S_a_n_D_ie ....... i:i __ o __________ _
TELEPHONE: TELEPHONE: (858) 453-1150 ---------------EMAIL ADDRESS: EM A IL ADDRESS: nkm@mcfarlanearchitects.com
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE. THE E if OF M NOWLE GE.
SIGNATURE DATE
P-1 Page 1 of 5
w.». oll o \ u Revised b4109
GWNER NAME (Print): ure-rt;AtNoL.Obl ~ Co¥f!JFA-o ~
MAILINGAOORESS ~~ ~ ~
CITY,STATE,ZiP: C,;= =~02>
TELEPHONE: ]wQ -u03 -1:'UJD
EMAIL ADDRESS:
I CERTIFY TliAT i AM TH'E LEGAL ON/111!:R A.NO THAT Alt. Tit! ABOVE
l~~MATro 1S A\I Al'fO ~RECf TO T!iE 9ES.f OF MY
KNOWtE '
BRIEF LEGAL DESCRIPTION: Parcel 'A' of parcel map #17971, in the city of Carlsbad, county of San Diego, state of CA,
filed on September 3, 1993 as file #1993-0584478
LOCATION OF PROJECT: 5792 Van Allen Way
ON THE: South
STREET ADDRESS
SIDE OF Van Allen Way
(NORTH, SOUTH, EAST, WEST)
BETWEEN Faraday Ave
(NAME OF STREET)
AND
(NAME OF STREET)
College Blvd
(NAME OF STREET)
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY
THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDE ON HE ITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LA N NY SUCCESSORS IN INTEREST.
FOR CITY USE ONLY
P-1 Page 2 of 5
RECEIVED
MAR 3 1 2011
CITY OF CARLSBAD
PLANNING DEPT
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
I ~
Revised 04/09
LEGAL ONN!~ A.WO TH~l' AU TltE ABO\{E
:-\HO ~RECf TO itfE l;!E:$.T OF MY'
I At#'I ~II
DATE
BRIEF LEGAL DESCRIPTION: Parcel '1' of parcel map #17971, in the city of Carlsbad, County of San Diego, State of CA,
filed on September 3, 1993 as file #,1993-0584478
LOCATION OF PROJECT: 5781 Van Allen Way
STREET ADDRESS
ON THE: North SIDE OF Van Allen Way -----------------------(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN Faraday AND College Blvd -----------(NAME OF STREET) (NAME OF STREET)
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY
THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RE RD D ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
E LAN AND BIND AN SUCCESSORS IN INTEREST.
PROPERTY OWNER SIGNATURE
We.> llf1lMW
FOR CITY USE ONLY
P-1 Page 2 of 5
MAR 3 1 2011
CITY OF CARLSBAD
PLANNING DEPT
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 04/09
s-z f\1ler0 lJJ C,~ ·. 1.-r~-44-t) o
0NNER NAME (Pri"1): {;:m..\ffit.J {!&prrJ\;L lal?f' )(.J\-... (lt)N
MA1L1NG Aoor-H:ss u 2::J '.¥:::QSE"Ltl:sl::JS &\,)J:7, s v, ~ a~ 2. 1
CITY,STATE,ZIP: :f3l ~lltyQC 1 CJs:',0245
rELEPHONF: -l>I o -lo Oto -'5<:lpo
EMAIL ADDRESS:
I CERTIFY n1AT 1 AM TH( LEGAL O'iYNER ,om THAT All TH'E. M!IO'Vt
lr,il'"ORMA.'froN I$ fAUt' AND ~RfiCf iO fH!= f.JES:T' OF MY' Kt-,
~\\',J ~-?t+~et..DS.
1111K,1111' pe-,-J'r,;J~ ~
BRIEF LEGAL DESCRIPTION: Parcel '2' of parcel map #17971, in the city of Carlsbad, County of San Diego, State of CA,
filed on September 3, 1993 as file #1993-05844 78
LOCATION OF PROJECT: 5781 Van Allen Way
ON THE: North
STREET ADDRESS
SIDE OF Van Allen Way
(NORTH, SOUTH, EAST, WEST)
BETWEEN Faraday -----------(NAME OF STREET)
(NAME OF STREET)
AND Parcel 1
(NAME OF STREET)
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY
THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED N THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE □ NY SUCCESSORS IN INTEREST.
FOR CITY USE ONLY
P-1 Page 2 of 5
CEIVED
MAR 3 1 2011
CITY OF CARLSBAD
PLANNING DEPT
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
I k
Revised 04/09
"'.
«~'>"' ~ CITY OF
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planning Department
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit.•
Agents may sign this document: however, the legal name and entity of the applicant and property owner
must be provided below.
1.
2.
P-1(A)
APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (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.) · J
Person________ Corp/Part l1{t;~Oli)bt~I~
Title ___________ _
Address __________ _
OWNER (Not the owner's agent)
Title------.-----::--,.----...--
Address ~ ~ IVt¼.J ~ I Cf\-C/11)0 Q
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership. include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person. __________ _ Corp/Part k!ff T!tt\}JD LDEdt'b ~~
Title ___________ _
Address -----------
Page 1 of 2 Revised 04/09
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust________ Non Profit/Trust. _________ _
Title Title --------------------------
Address __________ _ Address ____________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes dNo If yes, please indicate person(s): ___________ _
NOTE: Attach additional sheets if necessary.
t all the above information is true and correct to the best of my knowledge.
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 04/09
J ... -
~ «r,✓ .
\ _,,,I
..... , ..... ¥ CITY OF
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planning Department
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.
2.
P-1(A)
APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (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 LIDzr~oUY£ Cff..'ROf?IWt~
Title ___________ _
Address __________ _
OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person __________ _ Corp/Part t\~sk ~) I~
Title ___________ _ Title ______________ _
Address __________ _
Page 1 of 2 Revised 04/09
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profitrrrust.________ Non Profitrrrust __________ _
Title ___________ _ Title _____________ _
Address __________ _ Address ____________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
0Yes If yes, please indicate person(s):~-----------
NOTE: Attach additional sheets if necessary.
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 04/09
«~ ~ CITY OF
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planning Department
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.
2.
P-1(A)
APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (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.) _ • ()"~f"'\
Person_________ Corp/Part um Tt(.&JU.061::es ~-
Title ___________ _
Address __________ _
OWNER (Not the owner's agent)
Title ________ ~---~-
Address 61jl \)w MfuiJ U)MJ
~eN) I OA-C[tDO B
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership. include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person -----------Corp/Part l::112:iffitJ LJ\BfAv (b~f(f 16tJ
Title ___________ _ Title ______________ _
Address __________ _
Page 1 of2 Revised 04/09
..
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust'---------Non Profit/Trust'-----------
Title ___________ _ Title _____________ _
Address __________ _ Address ____________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes ffNo If yes, please indicate person(s): ___________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Signature of owner/date
Print or type name of owner Print or type name of applicant
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 04/09
<<t~ ~ CITY OF
CARLSBAD
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Department
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
,,Rf The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application .!!! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name:~~€, ~-reC--r.S
Address: (¢,{Q~ e:}~\Cb tt:: -:l:,\ '\C
~ 1;?.fbb 1Q~ '1U2-L
PROPERTY OWNER
Name: L,W"l:; fflbX)@ \~ CD~ ~!IW
Address: 1519 l \)~ N\w ~
~l.%-B® 1 CPt-92.DO f>
Phone Number: ~f?--4?~ -\\5D Phone Number: J loD-lap~ -7zno
Address of Site: 'S 1 '12.. v~ \\\ \~ U)esy
Local Agency (City and County): ~\'f. :Deef. W: 10XlG.., 5.l2>s:tt?st,X6 Ctt-J::wo v
Assessor's book, page, and parcel number: u z.. -\~o-1-9 -DO :?~ I f's 1
>
Specify list(s): ____________________________ _
Regulatory Identification Number: ______________________ _
Date of List: _____________________________ _
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of 2 Revised 04/09
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Department
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Per the California Environmental Protection Agency's website, "While Government Code
Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list,"
many changes have occurred related to web-based information access since [the amended
statute's effective date in] 1992 and this information is now largely available on the Internet sites
of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred
directly to the appropriate information resources contained on the Internet web sites of the
boards or departments that are referenced in the statute."
Below is a list of agencies that maintain information regarding hazardous waste and substances
sites.
Department of Toxic Substances Control
www.calepa.ca.gov/sitecleanup/CorteseList/default.htm
www.calepa.ca.gov/database/calsites
www.envirostor.dtsc.ca.gov/public
EnviroStor Help Desk (916) 323-3400
State Water Resources Control Board
http://geotracker.waterboards.ca.gov/
County of San Diego
Department of Environmental Health Services
www.co.san-diego.ca.us/deh
Hazardous Materials Division
www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html
Mailing Address:
County of San Diego Department of Environmental Health
P.O. Box 129261
San Diego, CA 92112-9261
Call Duty Specialist for technical questions at (619) 338-2231, fax (619) 338-2377
Environmental Protection Agency
National Priorities Sites ("Superfund" or "CERCLIS")
www.epa.gov/superfund/sites/cursites
(800) 424-9346 or (702) 284-8214
National Priorities List Sites in the United States
www.epa.gov/superfund/sites/npl/npl.htm
P-1(C) Page 2 of 2 Revised 03/09
,~ «.•., ~ CITY OF
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Department
1635 Faraday Avenue
(760) 602-4610 CARLSBAD www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
□
The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
The development project and any alternatives proposed in this application !!! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PROPERTY OWNER
Name: ~~C' ~tl-1S
Address:lo~!;> &~\clr\~f_$\-\4t)
Name: M ~~ ~E,f\() LJ.L_, .
Address: 1-:\4 H~-~Pr 0(..vD,Sr"\-OO
~ftlJ D-uzo be~ 92..l21.... ~1\l2'.. lJJfc 49;)\l:5
Phone Number: B=>~ 45:::,-WS C) . Phone Number: t'ot> /1q '=tDf> 3
Address of Site:_6~] __ 9_1 _\).e..N.........._""--=-__ \\-\~\~~-LQ----aj __________ _
Local Agency (City and County): Cfl:Yf. :Dep1: <>P1D'ilC, z:ilBSr~~ CD\-J~L
Assessor's book, page, and parcel number: Zf2. -~t>()-4-S-t) 0 I :ff\t:l-t?t... k
Specify list(s): ____________________________ _
Regulatory Identification Number: ______________________ _
Date of List: _____________________________ _
....::!:::..J ::t::=l ~L ....!._~----1-,&,~~$5.:.-.J: j_nr~~/u'.J..JI-/ IJ_ (k )_ ~
Applicant SignWate / r Property Owne'F Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of 2 Revised 04/09
~
CITY OF ~<~
CARLSBAD~
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Department
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Per the California Environmental Protection Agency's website, "While Government Code
Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list,"
many changes have occurred related to web-based information access since [the amended
statute's effective date in] 1992 and this information is now largely available on the Internet sites
of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred
directly to the appropriate information resources contained on the Internet web sites of the
boards or departments that are referenced in the statute."
Below is a list of agencies that maintain information regarding hazardous waste and substances
sites.
Department of Toxic Substances Control
www.calepa.ca.gov/sitecleanup/CorteseList/default.htm
www.calepa.ca.gov/database/calsites
www.envirostor.dtsc.ca.gov/public
EnviroStor Help Desk (916) 323-3400
State Water Resources Control Board
http://qeotracker.waterboards.ca.gov/
County of San Diego
Department of Environmental Health Services
www.co.san-diego.ca.us/deh
Hazardous Materials Division
www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html
Mailing Address:
County of San Diego Department of Environmental Health
P.O. Box 129261
San Diego, CA 92112-9261
Call Duty Specialist for technical questions at (619) 338-2231, fax (619) 338-2377
Environmental Protection Agency
National Priorities Sites ("Superfund" or "CERCLIS")
www.epa.gov/superfund/sites/cursites
(800) 424-9346 or (702) 284-8214
National Priorities List Sites in the United States
www.epa.gov/superfund/sites/npl/npl.htm
P-1(C) Page 2 of 2 Revised 03/09
«,,>
~· CITY OF
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Department
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
VJ
□
The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
The development project and any alternatives proposed in this application m contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PROPERTY OWNER
Name:}\t,"ffl(gL(Sk)\;i kruJJt::1["1 S
Address: l~~~~ ~WICh Ct--srlt-0
Name: ey,\rF\tJ Ctwrr~ eo?-fti~f\.11 Q\-J
Address: '2-\Z...\ '%:€£0f~S S-r ~2,1
~ $E;W t-,.YDO , 05. Cib:2--45
Phone Number: ?\D-\o00 ... 15900
Sw ~ o t (). A. qu 2-1-
Phone Number: e::lo-.-\~ -\ \ ~D
Address of Site: 5 7 8 l \Jw i\Ue.;> ~
Local Agency (City and County): ~ f . .i).eef • DE::: TDX,.I C, ~£1?51~ lON[Q.ol__;
Assessor's book, page, and parcel number: :2-\:z_.. :1~ -M-00 , P f1:U,tSL \
Specify list(s): ____________________________ _
Regulatory Identification Number: ______________________ _
Date of List: _____________________________ _
= I I
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of 2 Revised 04/09
&
CITY OF ~<~
CARLSBAD,~
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Department
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Per the California Environmental Protection Agency's website, "While Government Code
Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list,"
many changes have occurred related to web-based information access since [the amended
statute's effective date in] 1992 and this information is now largely available on the Internet sites
of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred
directly to the appropriate information resources contained on the Internet web sites of the
boards or departments that are referenced in the statute."
Below is a list of agencies that maintain information regarding hazardous waste and substances
sites.
Department of Toxic Substances Control
www.calepa.ca.gov/sitecleanup/CorteseList/default.htm
www.calepa.ca.gov/database/calsites
www.envirostor.dtsc.ca.gov/public
EnviroStor Help Desk (916) 323-3400
State Water Resources Control Board
http://geotracker.waterboards.ca.gov/
County of San Diego
Department of Environmental Health Services
www.co.san-diego.ca.us/deh
Hazardous Materials Division
www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html
Mailing Address:
County of San Diego Department of Environmental Health
P.O. Box 129261
San Diego, CA 92112-9261
Call Duty Specialist for technical questions at (619) 338-2231, fax (619) 338-2377
Environmental Protection Agency
National Priorities Sites ("Superfund" or "CERCLIS")
www.epa.gov/superfund/sites/cursites
(800) 424-9346 or (702) 284-8214
National Priorities List Sites in the United States
www.epa.gov/superfund/sites/npl/npl.htm
P-1(C) Page 2 of 2 Revised 03/09
!"···
--......,.,
Chicago Title Company
Commercial/Industrial Division,
700 South Flower, Suite 800 Los Angeles, CA 90017 (213) 488-4300
Title Department:
Chicago Title Company
Attn: Dave Balassi
Email: Dave.Balassi@CTT.com
Phone: (213) 488-4394
Fax: (213) 488-4360
Order No.: 116743163-X49
Escrow Department:
Chicago Title Company/Los Angeles
Attn: Amy Hiraheta/Maggie Watson
Escrow No.: 81100224
PRELIMINARY REPORT
Property Address: 5791 Van Allen Way, Carlsbad, CA
Dated as of: January 28, 2011 at 7:30 am
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 Exclusion 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 set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CL TA and ALT A 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 solely for the purpose of facilitating 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) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company
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 all liens, defects, and encumbrances affecting title to the land. ·
CLTA Preliminary Report Form -Modified (11-17-06)
Page I
01,,. JNo.: 116743163-X49
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee as to Parcel(s) 1;
An Easement more fully described below as to Parcel(s) 2
2. Title to said estate or interest at the date hereof is vested in:
Mararisk Carlsbad LLC, a Delaware limited liability company
3. The land referred to in this report is situated in the State of California, County of San Diego and is
described in the Legal Description, attached hereto:
END OF SCHEDULE A
CLTA Preliminary Report Form -Modified ( 11-17-06)
Page2
'"\
On .... .kfo.: 116743163-X49
LEGAL DESCRIPTION
PARCEL 1:
PARCEL 2 OF PARCEL MAP NO. 17971, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, ST ATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DECEMBER 24, 1997 AS FILE NO. 1997-0656621 OF OFFICIAL
RECORDS.
PARCEL 2:
NON-EXCLUSIVE EASEMENTS ESTABLISHED IN DOCUMENT ENTITLED "THIRD AMENDED
AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
CARLSBAD RESEARCH CENTER" RECORDED JUNE 29, 1988 AS FILE NO. 88-313420 OF
OFFICIAL RECORDS, BY A DECLARATION OF ANNEXATION THE PROVISIONS OF SAID
COVENANTS, CONDITIONS AND RESTRICTIONS WERE EXTENDED TO INCLUDE THE
HEREIN DESCRIBED LAND BY AN INSTRUMENT RECORDED: DECEMBER 8, 1992 AS FILE
NO. 92-0786590 OF OFFICIAL RECORDS, A MODIFICATION OF SAID COVENANTS,
CONDITIONS AND RESTRICTIONS WAS RECORDED: JUNE 1, 1995 AS FILE NO. 95-0230848
OF OFFICIAL RECORDS.
END OF LEGAL DESCRIPTION
CLT A Preliminary Report Form -Modified (11-17-06)
Page 3
On,.,_A-fo.: 116743163-X49
SCHEDULEB
At the date hereof, items to be considered and exceptions to coverage in addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
A. Property taxes, including any assessments collected with taxes, for the fiscal year 2011 -2012 that
are a lien not yet due.
B. Property taxes, including any assessments collected with taxes, for the fiscal year 2010 -2011
1st Installment:
Penalty:
2nd Installment:
Penalty and Cost:
Homeowners Exemption:
Code Area:
Assessors Parcel Number:
$51,012.62
$5,101.26 (Due after December 10)
$51,012.62
$5,111.26 (Due after April 10)
$None
09013
212-130-45
C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the
provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing
with Section 75) 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.
D. The fact that the property lies within the City of Carlsbad Assessment District 85-2 (College Blvd),
a s disclosed by an Amended Diagram September 19. 1988 as file no. 88-469414 of official records,
and recorded July 30, 1992 as file no. 92-0475542 official records.
Reference is hereby made to said document for full particulars.
1. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Purpose:
Recorded:
Affects:
Road ingress and egress
December 31. 1969 as file no. 236218 of official records
The route thereof affects a portion of said land and is more fully
described in said document.
Note: a portion of said easement was modified by instrument recorded September 17. 1971 as file
no. 211501 of official records.
2. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Purpose:
Recorded:
Affects:
Road ingress and egress
April 25. 1977 as file no. 77-151223 of official records
The route thereof affects a portion of said land and is more fully
described in said document.
CLTA Preliminary Report Fonn -Modified (11-17-06)
Page4
SCHEDULEB
( continued)
,,
Or ... JNo.: 116743163-X49
3. A document entitled "Construction of a Dam and Creation of a Reservoir", dated, June 30,
1980, executed by Japatul Corporation, a California corporation and Carlsbad Pacific Business
Center, a California general partnership, subject to all the terms, provisions and conditions therein
contained, recorded June 30, 1980 as file no. 80-206227 of official records.
Reference is hereby made to said document for full particulars.
4. Matters contained in that certain document entitled "Agreement for Drainage" executed by and
between Carlsbad Center and the City of Carlsbad, recorded November 3, 1986 as file no. 86-
501526 of official records.
Reference is hereby made to said document for full particulars.
5. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or
restriction is controlled or permitted by any applicable federal or state law, any covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, medical condition, national origin, source of income, or ancestry" as set forth in
the document
Recorded: June 29, 1988 as file no. 88-313420 of official records
Note: Section 12956.1 of the government code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income as defined in subdivision (p) of Section 12955, or
ancestry, that restriction violates state and federal fair housing laws and is void, and may be
removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for older persons shall not be
construed as restrictions based on familial status."
Note: If you should request a copy of the document referred to above, California Law requires that
a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent,
or association that provides a copy of a declaration, governing document, or deed to any person
shall place a cover Page ov~r, or stamp on the first Page of the previously recorded document or
documents a statement, in at least 14-point boldface type, relating to unlawful restrictions.
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 also provides for the levy of assessments, the lien of which are stated to be
subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value.
Among other things, said document provides:
Contains easements
CLTA Preliminary Report Form -Modified (11-17-06)
Page 5
SCHEDULEB
( continued)
1 On ...... ,t"fo.: 116743163-X49
The provisions of said covenants, conditions and restrictions were extended to include the herein
described land by an instrument
Recorded: December 8, 1992 as file no. 92-0786590 of official records
Modification(s) of said covenants, conditions and restrictions
Recorded: June 1, 1995 as file no. 95-0230848 of official records
6. Matters contained in that certain document entitled "To Hold Harmless Agreement for Drainage"
executed by and between Upland Industries Corporation and the City of Carlsbad, recorded May 6,
1991 as file no. 1991-0208521 of official records, which document, among other things, contains or
provides for: as set forth in said document.
7.
Reference is hereby made to said document for full particulars.
Matters contained in that certain document entitled "An Agreement to pay Bridge and
Thoroughfare Fees" dated April 24, 1991,executed by and between Upland Industries Corporation,
a Nebraska Corporation and the City of Carlsbad, recorded May 6, 1991 as file no. 1991-0208522
of official records, which document, among other things, contains or provides for: as set forth in
said document.
Reference is hereby made to said document for full particulars.
8. Matters contained in that certain document entitled "An Agreement to pay Drainage Fees as
Required by the Growth Management Program and the Adopted Local Facilities Management Plan
for Zone-5 Sunnycreek Drainage Area" dated April 24, 1991, executed by and between Upland
Industries Corporation and the City of Carlsbad, recorded May 6, 1991 as file no. 1991-0208523 of
official records.
Reference is hereby made to said document for full particulars.
9. The fact that the ownership of said land does not include rights of access to or from the street,
highway, or freeway abutting said land, such rights having been relinquished by the Map of said
Tract.
Affects: Faraday Avenue (except 40' access opening No. l as indicated on
Parcel Map 1 7971)
Said land, however, abuts upon a public thoroughfare other than the road referred to above, over
which rights of vehicular ingress and egress have not been relinquished.
CLT A Preliminary Report Form -Modified ( 11-17-06)
Page 6
SCHEDULEB
( continued)
Or~o.: 116743163-X49
10. The fact that said land lies within the boundaries of Reassessment District No. 97-1, as disclosed by
instrument recorded December 18. 1997 as file no. 1997-0643902 of official records.
A "Notice of Reassessment" recorded December 18. 1997 as file no. 1997-0643903 of official
records.
11. Matters contained in that certain document entitled "To Hold Harmless Agreement for Drainage"
dated November 21, 1997 executed by and between Carlsbad Business Park, LLC, a California
limited liability Company, recorded February 19. 1998 as file no. 1998-0085420 of official records.
Reference is hereby made to said document for full particulars.
12. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Carlsbad Municipal Water District, a public agency
Waterline
April 8. 1998 as file no. 1998-0198386 of official records
The route thereof affects a portion of said land and is more fully
described in said document.
13. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
San Diego Gas & Electric Company, a corporation
Public utilities, ingress and egress
April 23. 1998 as file no. 1998-0232254 of official records
The route thereof affects a portion of said land and is more fully
described in said document.
14. Any rights, interests or claims which may exist or arise by reason of the following matters disclosed
by an inspection or survey:
A) The fact that there is a joint sidewalk with property adjacent on the North.
15. A Deed of Trust With Absolute Assignment of Leases and Rents and Security Agreement and
Fixture Filing, to secure an indebtedness in the amount shown below, and any other obligations
secured thereby
Amount:
Dated:
Trustor:
Trustee:
Beneficiary:
Recorded:
$ 8,250,000.00
December 1 7, 2007
Mararisk Carlsbad LLC, a Delaware limited liability company
UnionBanCal Mortgage Corporation, a California corporation
Union Bank of California, N.A.
December 21, 2007 as Instrument No. 2007-0785938 of Official
Records.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 7
SCHEDULEB
( continued)
Or<l'c't"No.: 116743163-X49
16. An Unrecorded Lease, affecting the premises herein described, executed by and between the parties
herein named, for the term and upon the terms and provisions therein set forth.
Type of Lease:
Lessor:
Lessee:
Disclosed By:
Recorded:
Commercial
Mararisk Carlsbad, LLC, a Delaware limited liability company
Invitrogen Corporation
Notice of Non-Responsibility
June 27, 2007 as file no. 2007-0431239 official records
An agreement which states that this instrument was subordinated
To:
Recorded:
By Agreement
Recorded:
A Deed of Trust
December 21, 2007 as Instrument No. 2007-0785938 of Official
Records.
December 21, 2007 as Instrument No. 2007-0785939 of Official
Records.
17. Any claims for mechanic's liens that may be recorded, by reason of a recent work of improvement
in progress and/or completed at the date hereof.
18. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Notice of Restriction on Real Property
January 21, 2010 as Instrument No. 2010-0029856, of Official
Records
19. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Reciprocal Parking and Access Agreement
January 21, 2010 as Instrument No. 2010-0029857, of Official
Records
A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Amended and Restated Reciprocal Parking, Access, and Easement
Agreement
September 21, 2010 as Instrument No. 2010-0499652, of Official
Records
20. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Third Party Agreement Regarding Planned Unit Development
February 9, 2010 as Instrument No. 2010-0066438, of Official
Records
CLTA Preliminary Report Form -Modified (11-17-06)
Page 8
SCHEDULEB
( continued)
Or1:,,-..M"o.: 116743163-X49
21. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Notice of Restriction on Real Property
September 21, 2010 as Instrument No. 2010-0499653, of Official
Records
22. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Hold Harmless Agreement Drainage
October 13, 2010 as Instrument No. 2010-0550418, of Official
Records
23. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Hold Harmless Agreement Geological Failure
October 13, 2010 as Instrument No. 2010-0550419, of Official
Records
24. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Permanent Stormwater Quality Best Management Practice
Maintenance Agreement
January 12, 2011 as Instrument No. 2011-0021759, of Official
Records
25. Water rights, claims or title to water, whether or not disclosed by the public records.
26. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title
Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in
possession thereof.
This office must be notified at least 7 business days prior to the scheduled closing in order to
arrange for an inspection of the land; upon completion of this inspection you will be notified of the
removal of specific coverage exceptions and/or additional exceptions to coverage.
27. Any rights of parties in possession of said land, based on any unrecorded lease, or leases.
This Company will require a full copy of any unrecorded lease, together with all supplements,
assignments, and amendments for review.
END OF SCHEDULE B
CLTA Preliminary Report Form -Modified (11-17-06)
Page 9
\
On. •. .i-.Jo.: 116743163-X49
INFORMATIONAL NOTES
Note No. 1: Section 12413.1, California Insurance Code became effective January 1, 1990. This
legislation regulates the disbursement of funds deposited with any title entity acting in an escrow or
sub-escrow capacity. The law requires that all funds be deposited and collected by the title entity's
escrow and/or sub-escrow account prior to disbursement of any funds. Some methods of funding
may be subject to a holding period, which must expire before any funds may be disbursed. In order
to avoid any such delays, all funding should be done via wire transfer. Funds deposited with the
Company via wire transfer may be disbursed upon receipt. Funds deposited by cashiers checks,
certified checks, and teller's checks is one business day after the day deposited. Other checks may
require hold periods from two to five business days after the day deposited, and may delay your
closing. The Company may receive benefits from such banks based upon the balances in such
accounts. Such benefits will be retained by the Company as part of its compensation for handling
such funds.
Note No. 2: The charge where an order is cancelled after the issuance of the report of title, will be
that amount which in the opinion of the Company is proper compensation for the services rendered
or the purpose for which the report is used, but in no event shall said charge be less that the
minimum amount required under Section 12404.1 of the Insurance Code of the State of California.
If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then
the minimum cancellation fee shall be that permitted by law.
Note No. 3: California Revenue and Taxation Code Section 18668, effective January 1, 1991,
requires that the buyer in all sales of California Real Estate, withhold 3-1/3% of the total sales price
as California State Income Tax, subject to the various provisions of the law as therein contained,
and as amended.
Note No. 4: Wire Transfers
In the event your transaction is being escrowed by a Chicago Title office, contact should be made
with the office to obtain correct wiring instructions. Failure to do so could result in a delay in the
receipt of funds and subsequent closing of your transaction.
Chicago Title will disburse by wire-out only collected funds or funds received by confirmed
wire-in.
The Company's wire-in instructions are:
Bank:
Bank ABA No.:
Account Name:
Account No.:
For Credit To:
Order No.:
Bank of America
275 Valencia Blvd, 2nd Floor
Brea, CA 92823
0260-0959-3
Chicago Title Company, Broadway Plaza Office
12351-50737
Chicago Title Company
700 South Flower, Suite 800
Los Angeles, CA 9001 7
116743163-X49
CLTA Preliminary Report Form -Modified (11-17-06)
Page 10
INFORMATIONAL NOTES
( continued)
Orl~ ..No.: l 16743163-X49
LENDER NOTE: On the DATE you fund the Loan and WIRE Funds to Chicago Title and
reference the above Order Number, you must send written NOTICE to
the Title Officer's Unit by messenger or E-Mail that you sent the Funds.
Chicago Title will send an E-Mail acknowledging receipt of the funds as
soon as practicable.
Chicago Title will NOT be responsible for any delay in Closing and
Recording the transaction, nor will Chicago Title be liable for any claim
of lost Interest unless such written Notice is sent the day of Funding and
Chicago Title has acknowledged receipt of funds.
Note No. 5: Your application for title insurance was placed by reference to a street address or
assessor's parcel number. Based upon our records, we believe that the description in this report
covers the parcel that you requested.
To prevent errors, we require written confirmation that the legal description contained herein covers
the parcel that you requested.
Note No. 6: The plat, (map), which is attached to this report, is to assist you in locating land with
reference to streets and other parcels. While this plat is believed to be correct, the Company
assumes no liability for any loss occurring by reason of reliance thereon.
Note No. 7: 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.
Note No. 8: The policy to be issued may contain an arbitration clause. When the Amount of
Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 11
INFORMATIONAL NOTES
( continued)
Note No. 9: This Company will require for review the following documents from the following
Limited Liability Company: Mararisk Carlsbad LLC
A. A copy of its Operating Agreement and any and all amendments, supplements and/or
modifications thereto, certified by the appropriate manager.
B. Confirmation that its Articles of Organization (LLC-1 ), and Certificate of Amendment
(LLC-2), any restated Articles of Organization (LLC-10) and/or any Certificate of Correction
(LLC-11) have been filed with the Secretary of State.
C. If the Limited Liability Company is member-managed a full and complete list of members
certified by the appropriate manager.
D. If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory
to the Company, that it was validly formed, is in good standing and authorized to do business
in the state of origin.
E. If the Limited Liability Company was formed in a foreign jurisdiction, evidence satisfactory
to the Company, that it has complied with California "doing business" laws, if applicable.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 12
INFORMATIONAL NOTES
( continued)
ATTACHMENT ONE
PRIVACY STATEMENT
IMPORT ANT INFORMATION:
Ortr..~o.: l l 6743163-X49
For those of you receiving this report by electronic delivery the Privacy Statement and Attachment
One are linked to this report. Please review this information by selecting the link. For those of you
who are receiving a hard copy of this report, a copy of this information has been submitted for your
review.
CLTA Preliminary Report Form -Modified ( 11-17-06)
Page 13
INFORMATIONAL NOTES
( continued)
NOTICE
Or .. )No.: l 16743163-X49
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced
residential property in California between May 19, 1995 and November 1, 2002. If you had more than one
qualifying transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is the subject of your current transaction, you
do not have to do anything; the Company will provide the discount, provided you are paying for escrow
or title services in this transaction.
If your previous transaction involved property different from the property that is subject of your current
transaction, you must -prior to the close of the current transaction -inform the Company of the earlier
transaction, provide the address of the property involved in the previous transaction, and the date or
approximate date that the escrow closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on property that is not the subject of this
transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a
discount. If you provide the Company information concerning a prior transaction, the Company 1s
required to determine if you qualify for a discount which is subject to other terms and conditions.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 14
Chicago Title Company
Commercial/Industrial Division,
700 South Flower, Suite 800 Los Angeles, CA 90017 (213) 488-4300
Title Department:
Chicago Title Company
Attn: Dave Balassi
Email: Dave.Balassi@CTT.com
Phone: (213) 488-4394
Fax: (213) 488-4360
OrderNo.: 116743162-X49
Escrow Department:
Chicago Title Company/Los Angeles
Attn: Amy Hiraheta
Escrow No.: 81100222
PRELIMINARY REPORT
Property Address: Van Allen Way, Carlsbad, CA
Dated as of: January 28, 2011 at 7:30 am
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 Exclusion 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 set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and AL TA 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 solely for the purpose of facilitating 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) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company
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 all liens, defects, and encumbrances affecting title to the land.
CLTA Preliminary Report Form -Modified (11-17-06)
Page I
, )Order No.: 116743162-X49
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee
2. Title to said estate or interest at the date hereof is vested in:
Life Technologies Corporation, a Delaware corporation, formerly known as Invitrogen Corporation,
a Delaware corporation
3. The land referred to in this report is situated in the State of California, County of San Diego and is
described in the Legal Description, attached hereto:
END OF SCHEDULE A
CLTA Preliminary Report Form -Modified (11-17-06)
Page2
, ....Order No.: l 16743162-X49
LEGAL DESCRIPTION
A CONSOLIDATION OF PARCELS 3 AND 4 OF CARLSBAD MINOR SUBDIVISION NO. 97-04 IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO PARCEL MAP THEREOF NO. 17971, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY DECEMBER 24, 1997 AS FILE NO. 1997-0656621 OF OFFICIAL
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 4; THENCE ALONG THE
NORTHERLY LINE THEREOF SOUTH 54°09'07" EAST 313.93 FEET TO A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD AS DEDICATED PER
CARLSBAD TRACT NO. 85-24, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 16, 1991, SAID POINT ALSO LIES ON
THE ARC OF A 1949.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL
LINE FROM SAID POINT BEARS NORTH 70°10'06" WEST; THENCE ALONG THE ARC OF SAID
CURVE AND RIGHT OF WAY LINE; SOUTHWESTERLY 935.87 FEET THROUGH A CENTRAL
ANGLE OF 27°30'44" TO A POINT OF COMPOUND CURVATURE WITH A 2349.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY; A RADIAL LINE FROM SAID POINT BEARS
NORTH 42°39'22" WEST; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY
LINE; SOUTHWESTERLY 0.47 FEET THROUGH A CENTRAL ANGLE OF 0°00'41" TO A POINT
OF COMPOUND CURVATURE WITH A 25.00 FOOT RADIUS CURVE CONCAVE NORTHERLY
THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE; NORTHWESTERLY
39.41 FEET THROUGH A CENTRAL ANGLE OF 90°19'50" SAID POINT ALSO LIES IN THE
NORTHEASTERLY RIGHT OF WAY LINE OF FARADAY AVENUE AS DEDICATED PER SAID
MAP NO. 12815; THENCE ALONG SAID RIGHT OF WAY LINE; NORTH 42°18'51" WEST 81.10
FEET TO THE BEGINNING OF A 1242.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE NORTHWESTERLY 386.56
FEET THROUGH A CENTRAL ANGLE OF 17°49'58" TO A POINT OF REVERSE CURVATURE
WITH A 25.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF
SAID CURVE NORTHEASTERLY 42.18 FEET THROUGH A CENTRAL ANGLE OF 96°40'47" TO
A POINT WHICH LIES ON THE SOUTHERLY RIGHT OF WAY OF VAN ALLEN WAY AS
DEDICATED PER SAID PARCEL MAP NO. 17971; THENCE ALONG SAID RIGHT OF WAY LINE
NORTH 36°31'58" EAST 55.85 FEET TO THE BEGINNING OF A 264.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF
WAY LINE NORTHEASTERLY 125.35 FEET THROUGH A CENTRAL ANGLE OF 27°12'19";
THENCE NORTH 63°44'17" EAST 158.87 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS
CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE EASTERLY
29.42 FEET THROUGH A CENTRAL ANGLE OF 18°43'51"; THENCE NORTH 82°28'06" EAST 50.0
FEET TO THE BEGINNING OF A 60.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY 114.19 FEET THROUGHT A
CENTRAL ANGLE OF 109°02'51"' THENCE LEAVING SAID RIGHT OF WAY LINE NORTH
63°25'17" EAST 52.84 FEET THENCE; NORTH 35°50'53" EAST 366.81 FEET TO THE POINT OF
BEGINNING.
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form -Modified (11-17-06)
Page3
, ...,Order No.: l 16743162-X49
SCHEDULEB
At the date hereof, items to be considered and exceptions to coverage in addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
A. Property taxes, including any assessments collected with taxes, for the fiscal year 2011 -2012 that
are a lien not yet due.
B. Property taxes, including any assessments collected with taxes, for the fiscal year 2010 -2011
1st Installment:
Penalty:
2nd Installment:
Penalty and Cost:
Homeowners Exemption:
Code Area:
Assessors Parcel Number:
$32,413.80
$3,241.38 (Due after December 10)
$32,413.80
$3,251.38 (Due after April 10)
$None09013
09013
212-130-49
C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the
provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing
with Section 75) 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 covenant or restrictions, if any, based upon
on race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap,
national origin, ancestry, or source of income, 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
Recorded: June 29, 1988 as Instrument No. 88-313420, of Official Records
Note: Section 12956.1 of the government code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income as defined in subdivision (p) of Section 12955, or
ancestry, that restriction violates state and federal fair housing laws and is void, and may be
removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for older persons shall not be
construed as restrictions based on familial status."
Among other things, said document provides:
Easements, terms, liens, assessments, provisions and charges.
C LT A Preliminary Report Form -Modified (I 1-17-06)
Page4
SCHEDULEB
( continued)
\ ~ _.IQrderNo.: 116743162-X49
The provisions of said covenants, conditions and restrictions were extended to include the herein
described land by an instrument
Recorded: December 8, 1992 as Instrument No. 1992-0786590, of Official
Records
Modification(s) of said covenants, conditions and restrictions
Recorded: June 1, 1995 as Instrument No. 1995-0230848, of Official Records
A Fourth Amended and Restated Declaration of Covenants, Conditions and Restrictions of
Carlsbad Research Center recorded September 18, 2001 as File No. 2001-0671492, Official
Records.
2. The fact that said land lies within the Community Facilities District No. 1, as disclosed by
instrument recorded December 19, 1990 as File No. 90-0674118 of Official Records.
A Notice of Special Tax Lien was recorded May 20, 1991 as File No. 1991-0236959 of Official
Records.
3. A document subject to all the terms, provisions and conditions therein contained.
Entitled: A Hold Harmless Agreement for Drainage
Recorded: May 6, 1991 as Instrument No. 1991-0208521, of Official Records
4. A document subject to all the terms, provisions and conditions therein contained.
Entitled: An Agreement to Pay Bridge and Thoroughfare Fees
Recorded: May 6, 1991 as Instrument No. 1991-0208522, of Official Records
5. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
An Agreement to Pay Drainage Fees as Required by the Growth
Management Program and the Adopted Local Facilities Management
Plan for Zone 5 -Sunnycreek Drainage Area
May 6, 1991 as Instrument No. 1991-0208523, of Official Records
6. The fact that the ownership of said land does not include rights of access to or from the street,
highway, or freeway abutting said land, such rights having been relinquished by the map of said
Map No. 12815
Affects: College Boulevard.
Said land, however, abuts upon a public thoroughfare other than the road referred to above, over
which rights of vehicular ingress and egress have not been relinquished.
Affects: Parcels 1, 3 and 4.
CLTA Preliminary Report Form -Modified (11-17-06)
Page5
SCHEDULED
( continued)
,.,-order No.: 116743162-X49
7. The fact that the ownership of said land does not include rights of access to or from the street,
highway, or freeway abutting said land, such rights having been relinquished by the map of said
Tract
Affects: Faraday A venue
Said land, however, abuts upon a public thoroughfare other than the road referred to above, over
which rights of vehicular ingress and egress have not been relinquished.
8. The fact that said land lies within the boundaries of Reassessment District No. 97-1, as disclosed by
instrument recorded December 18, 1997 as File No. 1997-0643902 of Official Records.
A "Notice of Reassessment" recorded December 18, 1997 as File No. 1997-0643903 of Official
Records.
9. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
10. A Certificate of Compliance
Dated:
Executed by:
Compliance No.:
Recorded:
Hold Harmless Agreement Drainage
February 19, 1998 as Instrument No. 1998-0085420, of Official
Records
October 20, 1998
City of Carlsbad
ADJ 540, CE 851
Carlsbad Spectrum
October 27, 1998 as Instrument No. 1998-0696720, of Official
Records
11. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Purpose:
Recorded:
Affects:
collecting, storing, transporting, pumping and treating all water
March 18, 1999 as Instrument No. 1999-0175733 of Official Records
That portion of said land as described in the document attached
hereto.
Reference is hereby made to said document for full particulars.
12. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Agreement for Reimbursement of Costs for the Construction of the
Faraday AveNan· Alley Way Traffic Signal for the Island @
Carlsbad Development and Traffic Signal Improvement Drawing
383-5C
June 20, 2001 as Instrument No. 2001-0415716, of Official Records
CLTA Preliminary Report Form -Modified (I 1-17-06)
Page6
SCHEDULED
( continued)
.,
)order No.: 116743162-X49
13. Any facts, rights, interests or claims which may exist or arise by reason of the following matters
disclosed by an inspection or survey:
A) The fact that an offsite storm drain connection encroaches on to the adjacent property on the
northwest.
B) The fact that concrete block walls and SDG&E vaults encroach onto the herein described
property on the southeast.
C) The fact that a utility riser, electrical transformer, traffic signal pullbox and street light
pullbox encroach onto the herein described property on the southwest.
D) The fact that an electrical vault and an electrical transformer encroach onto the herein
described property on the northwest.
14. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered
for dedication, on the recorded map shown below:
Map of:
Purpose:
Affects:
Parcel Map 1 7971
drainage
That portion of said land as shown on said map.
15. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Purpose:
Recorded:
Affects:
public utilities, ingress and egress
October 10, 2002 as Instrument No. 2002-0877611 of Official
Records
That portion of said land as described in the document attached
hereto.
Reference is hereby made to said document for full particulars.
16. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Notice of Restriction on Real Property
January 21, 2010 as Instrument No. 2010-0029856, of Official
Records
17. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Reciprocal Parking and Access Agreement
January 21, 2010 as Instrument No. 2010-0029857, of Official
Records
CLTA Preliminary Report Form -Modified (11-17-06)
Page 7
SCHEDULEB
( continued)
\
, ~Order No.: 116743162-X49
A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Amended and Restated Reciprocal Parking, Access, and Easement
Agreement
September 21, 2010 as Instrument No. 2010-0499652, of Official
Records
18. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Third Party Agreement Regarding Planned Unit Development
February 9, 2010 as Instrument No. 2010-0066438, of Official
Records
19. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Hold Harmless Agreement Geological Failure
Recorded: March 2, 2010 as Instrument No. 2010-0102312, of Official Records
20. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Hold Harmless Agreement Drainage
Recorded: March 2, 2010 as Instrument No. 2010-0102313, of Official Records
21. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Permanent Stormwater Quality Best Management Practice
Maintenance Agreement
March 2, 2010 as Instrument No. 2010-0102333, of Official Records
22. An Agreement, subject to all the terms, provisions and conditions therein contained, recorded
March 2, 2010 as Instrument No. 2010-0102334 of Official Records.
Reference is hereby made to said document for full particulars.
23. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Hold Harmless Agreement Geological Failure
Recorded: July 22, 2010 as Instrument No. 2010-0369176, of Official Records
24. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Hold Harmless Agreement Drainage
Recorded: July 22, 2010 as Instrument No. 2010-0369181, of Official Records
CLTA Preliminary Report Form -Modified (11-17-06)
Page8
SCHEDULEB
( continued)
_ ,..1Order No.: 116743162-X49
25. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Permanent Stormwater Quality Best Management Practice
Maintenance Agreement
July 23, 2010 as Instrument No. 2010-0371453, of Official Records
26. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Notice of Restriction on Real Property
September 21, 2010 as Instrument No. 2010-0499653, of Official
Records
27. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Purpose:
Recorded:
Affects:
water
November 22, 2010 as Instrument No. 2010-0641614 of Official
Records
That portion of said land as described in the document attached
hereto.
Reference is hereby made to said document for full particulars.
28. Water rights, claims or title to water, whether or not disclosed by the public records.
29. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title
Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in
possession thereof.
This office must be notified at least 7 business days prior to the scheduled closing in order to
arrange for an inspection of the land; upon completion of this inspection you will be notified of the
removal of specific coverage exceptions and/or additional exceptions to coverage.
30. Any rights of parties in possession of said land, based on any unrecorded lease, or leases.
This Company will require a full copy of any unrecorded lease, together with all supplements,
assignments, and amendments for review.
END OF SCHEDULE B
CLTA Preliminary Report Form -Modified ( 11-17-06)
Page9
, . ..,-orderNo.: 116743162-X49
INFORMATIONAL NOTES
Note No. 1: Section 12413.1, California Insurance Code became effective January 1, 1990. This
legislation regulates the disbursement of funds deposited with any title entity acting in an escrow or
sub-escrow capacity. The law requires that all funds be deposited and collected by the title entity's
escrow and/or sub-escrow account prior to disbursement of any funds. Some methods of funding
may be subject to a holding period, which must expire before any funds may be disbursed. In order
to avoid any such delays, all funding should be done via wire transfer. Funds deposited with the
Company via wire transfer may be disbursed upon receipt. Funds deposited by cashiers checks,
certified checks, and teller's checks is one business day after the day deposited. Other checks may
require hold periods from two to five business days after the day deposited, and may delay your
closing. The Company may receive benefits from such banks based upon the balances in such
accounts. Such benefits will be retained by the Company as part of its compensation for handling
such funds.
Note No. 2: The charge where an order is cancelled after the issuance of the report of title, will be
that amount which in the opinion of the Company is proper compensation for the services rendered
or the purpose for which the report is used, but in no event shall said charge be less that the
minimum amount required under Section 12404.1 of the Insurance Code of the State of California.
If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then
the minimum cancellation fee shall be that permitted by law.
Note No. 3: California Revenue and Taxation Code Section 18668, effective January 1, 1991,
requires that the buyer in all sales of California Real Estate, withhold 3-1/3% of the total sales price
as California State Income Tax, subject to the various provisions of the law as therein contained,
and as amended.
Note No. 4: Wire Transfers
In the event your transaction is being escrowed by a Chicago Title office, contact should be made
with the office to obtain correct wiring instructions. Failure to do so could result in a delay in the
receipt of funds and subsequent closing of your transaction.
Chicago Title will disburse by wire-out only collected funds or funds received by confirmed
wire-in.
The Company's wire-in instructions are:
Bank:
Bank ABA No.:
Account Name:
Account No.:
For Credit To:
Order No.:
Bank of America
275 Valencia Blvd, 2nd Floor
Brea, CA 92823
0260-0959-3
Chicago Title Company, Broadway Plaza Office
12351-50737
Chicago Title Company
700 South Flower, Suite 800
Los Angeles, CA 90017
l 16743162-X49
CLTA Preliminary Report Form -Modified (11-17-06)
Page JO
' '• ,
INFORMATIONAL NOTES
( continued)
..) Order No.: 116743162-X49
LENDER NOTE: On the DATE you fund the Loan and WIRE Funds to Chicago Title and
reference the above Order Number, you must send written NOTICE to
the Title Officer's Unit by messenger or E-Mail that you sent the Funds.
Chicago Title will send an E-Mail acknowledging receipt of the funds as
soon as practicable.
Chicago Title will NOT be responsible for any delay in Closing and
Recording the transaction, nor will Chicago Title be liable for any claim
of lost Interest unless such written Notice is sent the day of Funding and
Chicago Title has acknowledged receipt of funds.
Note No. 5: Your application for title insurance was placed by reference to a street address or
assessor's parcel number. Based upon our records, we believe that the description in this report
covers the parcel that you requested.
To prevent errors, we require written confirmation that the legal description contained herein covers
the parcel that you requested.
Note No. 6: The plat, (map), which is attached to this report, is to assist you in locating land with
reference to streets and other parcels. While this plat is believed to be correct, the Company
assumes no liability for any loss occurring by reason of reliance thereon.
Note No. 7: 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.
Note No. 8: The policy to be issued may contain an arbitration clause. When the Amount of
Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties.
Note No. 9: This Company will require the following documents for review prior to the issuance of
any title assurance predicated upon a conveyance or encumbrance by Life Technologies
Corporation
A. A copy of the corporation By-Laws and Articles of Incorporation.
B. An original or certified copy of a resolution authorizing the contemplated transaction.
C. If the Articles and/or By-Laws require approval by a parent organization, a copy of the
Articles and By-Laws of the parent.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 11
' .. ,
INFORMATIONAL NOTES
( continued)
ATTACHMENT ONE
PRIVACY STATEMENT
IMPORT ANT INFORMATION:
, __ ../Order No.: 116743162-X49
For those of you receiving this report by electronic delivery the Privacy Statement and Attachment
One are linked to this report. Please review this information by selecting the link. For those of you
who are receiving a hard copy of this report, a copy of this information has been submitted for your
review.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 12
INFORMATIONAL NOTES
( continued)
NOTICE
',
, JorderNo.: 116743162-X49
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced
residential property in California between May 19, 1995 and November 1, 2002. lfyou had more than one
qualifying transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is the subject of your current transaction, you
do not have to do anything; the Company will provide the discount, provided you are paying for escrow
or title services in this transaction.
If your previous transaction involved property different from the property that is subject of your current
transaction, you must -prior to the close of the current transaction -inform the Company of the earlier
transaction, provide the address of the property involved in the previous transaction, and the date or
approximate date that the escrow closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on property that is not the subject of this
transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a
discount. If you provide the Company information concerning a prior transaction, the Company is
required to determine if you qualify for a discount which is subject to other terms and conditions.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 13
r '" Chicago Title Company
Commercial/Industrial Division,
700 South Flower, Suite 800 Los Angeles, CA 90017 (213) 488-4300
Title Department:
Chicago Title Company
Attn: Dave Balassi
Email: Dave.Balassi@CTT.com
Phone: (213) 488-4394
Fax: (213) 488-4360
Order No.: 106744795-X49
Escrow Department:
Chicago Title Company/Los Angeles
Attn: Amy Hiraheta/Maggie Watson
Escrow No.: 81002475
PRELIMINARY REPORT
Property Address: 5781 Van Allen Way, Carlsbad
Dated as of: January 13, 2011 at 7:30 am
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 Exclusion 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 set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CL TA and ALT A 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 solely for the purpose of facilitating 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) oftitle insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company
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 all liens, defects, and encumbrances affecting title to the land.
CLTA Preliminary Report Form -Modified ( 11-17-06)
Page I
\
On-/No.: 106744795-X49
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee as to Parcel 1
An Easement more fully described below as to Parcel 2
2. Title to said estate or interest at the date hereof is vested in:
Griffin Capital (Carlsbad Pointe) Investors. LLC, a Delaware Limited Liability Company, as to an
undivided 1.0001 % interest;
Griffin Capital (Carlsbad Pointe) Investor 1. LLC, a Delaware Limited Liability Company, as to an
undivided 5.5484% interest;
Griffin Capital (Carlsbad Pointe) Investor 2, LLC, a Delaware Limited Liability Company, as to an
undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 3, LLC, a Delaware Limited Liability Company, as to an
undivided 2.5806% interest;
Griffin Capital (Carlsbad Pointe) Investor 4, LLC, a Delaware Limited Liability Company, as to an
undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 5. LLC, a Delaware Limited Liability Company, as to an
undivided 3.4839% interest;
Griffin Capital (Carlsbad Pointe) Investor 6, LLC, a Delaware Limited Liability Company, as to an
undivided 0.9452% interest;
Griffin Capital (Carlsbad Pointe) Investor 7, LLC, a Delaware Limited Liability Company, as to an
undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 8, LLC, a Delaware Limited Liability Company, as to an
undivided 0.9452% interest;
Griffin Capital (Carlsbad Pointe) Investor 9, LLC, a Delaware Limited Liability Company, as to an
undivided 6.4516% interest;
CLTA Preliminary Report Form -Modified (11-17-06)
Page2
r
SCHEDULE A
( continued)
\
O~No.: 106744795-X49
Griffin Capital (Carlsbad Pointe) Investor 10. LLC. a Delaware Limited Liability Company. as to
an undivided 3.3613% interest:
Griffin Capital (Carlsbad Pointe) Investor 11. LLC. a Delaware Limited Liability Company, as to
an undivided 4.5161 % interest;
Griffin Capital (Carlsbad Pointe) Investor 12. LLC, a Delaware Limited Liability Company, as to
an undivided 3.3452% interest:
Griffin Capital (Carlsbad Pointe) Investor 13, LLC, a Delaware Limited Liability Company, as to
an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 14, LLC, a Delaware Limited Liability Company, as to
an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 15, LLC, a Delaware Limited Liability Company, as to
an undivided 2.7419% interest;
Griffin Capital (Carlsbad Pointe) Investor 16, LLC, a Delaware Limited Liability Company, as to
an undivided 3 .45 81 % interest;
Griffin Capital (Carlsbad Pointe) Investor 17, LLC, a Delaware Limited Liability Company, as to
an undivided 4.0000% interest;
Griffin Capital (Carlsbad Pointe) Investor 18, LLC, a Delaware Limited Liability Company, as to
an undivided 10.0968% interest;
Griffin Capital (Carlsbad Pointe) Investor 19, LLC, a Delaware Limited Liability Company, as to
an undivided 2.8419% interest;
Griffin Capital (Carlsbad Pointe) Investor 20. LLC. a Delaware Limited Liability Company, as to
an undivided 2.8710% interest;
Griffin Capital (Carlsbad Pointe) Investor 21. LLC, a Delaware Limited Liability Company. as to
an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 22. LLC. a Delaware Limited Liability Company. as to
an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 23, LLC, a Delaware Limited Liability Company. as to
an undivided 3.2290% interest;
Griffin Capital (Carlsbad Pointe) Investor 24, LLC, a Delaware Limited Liability Company. as to
an undivided 2.6000% interest:
Griffin Capital (Carlsbad Pointe) Investor 25, LLC. a Delaware Limited Liability Company, as to
an undivided 2.5645% interest;
CLTA Preliminary Report Form -Modified (11-17-06)
Page 3
SCHEDULE A
( continued)
Or~No.: 106744795-X49
Griffin Capital (Carlsbad Pointe) Investor 26, LLC, a Delaware Limited Liability Company, as to
an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 27, LLC. a Delaware Limited Liability Company, as to
an undivided 2.9032% interest;
Griffin Capital (Carlsbad Pointe) Investor 28, LLC, a Delaware Limited Liability Company. as to
an undivided 2.5806% interest;
Griffin Capital (Carlsbad Pointe) Investor 29, LLC, a Delaware Limited Liability Company. as to
an undivided 2.1290% interest, all as tenants in common
3. The land referred to in this report is situated in the State of California, County of San Diego and is
described in the Legal Description, attached hereto:
END OF SCHEDULE A
CLTA Preliminary Report Form -Modified (11-17-06)
Page4
Or~o.: 106744795-X49
LEGAL DESCRIPTION
PARCEL 1:
PARCEL 1 OF PARCEL MAP NO. 17971, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DECEMBER 24, 1997 AS FILE NO. 1997-0656621 OF OFFICIAL
RECORDS.
PARCEL 2:
NON-EXCLUSIVE EASEMENTS FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS,
PARKING, AND CROSS DRAINAGE, AS CREATED BY THAT CERTAIN DOCUMENT
ENTITLED RECIPROCAL PARKING AND ACCESS AGREEMENT, RECORDED JANUARY 21,
2010 AS INSTRUMENT NO. 2010-0029857, OF OFFICIAL RECORDS.
THE AFOREMENTIONED DOCUMENT WAS AMENDED BY THAT CERTAIN DOCUMENT
ENTITLED AMENDED AND RESTATED RECIPROCAL PARKING, ACCESS AND EASEMENT
AGREEMENT, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN
CONTAINED, RECORDED SEPTEMBER 21, 2010 AS INSTRUMENT NO. 2010-0499652 OF
OFFICIAL RECORDS.
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form -Modified (11-17-06)
Page 5
Or~o.: 106744795-X49
SCHEDULEB
At the date hereof, items to be considered and exceptions to coverage in addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
A. Property taxes, including any assessments collected with taxes, for the fiscal year 2011 -2012 that
are a lien not yet due.
B. Property taxes, including any assessments collected with taxes, for the fiscal year 2010 -2011
1st Installment:
Penalty:
2nd Installment:
Penalty and Cost:
Homeowners Exemption:
Code Area:
Assessors Parcel Number:
$300,912.39
$30,091.23 (Due after December 10)
$300,912.39
$30,101.23 (Due after April 10)
$None
09013
212-130-44
C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the
provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing
with Section 75) 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.
D. An assessment by the improvement district shown below
Assessment (or Bond) No.:
Series:
District:
For:
Bond Issued:
212-130-44
85-2
Carlsbad
1915 Act-College Blvd
March 25, 1986
Said assessment is collected with county/city property taxes and there are no assessments currently
due and payable.
1. The limitations, covenants, conditions and restnctlons, reservations, easements, terms, liens,
assessments, provisions and charges, but deleting any covenant, condition or restriction indicating a
reference, limitation or discrimination based on race, color, religion, sex, handicap, familial status,
or national origin to the extent such covenants, conditions and restrictions violate 42 USC 3604( c)
as contained in the Declaration of Restrictions June 29, 1988 as file no. 88-313420 of Official
Records.
Said instrument also provides that all liens created by this Declaration of Restrictions, including,
but not limited to, any regular or special assessments for the payment of money, shall be
subordinate to the lien created by any first Deed of Trust or First Mortgage.
CLTA Preliminary Report Form -Modified ( 11-17-06)
Page 6
SCHEDULED
( continued)
Orcn,-~o.: 106744795-X49
Said instrument provides that a violation thereof shall neither defeat nor render invalid the lien of
any mortgage or deed of trust made for value.
Note: Section 12956.1 of the government code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income as defined in subdivision (p) of Section 12955, or
ancestry, that restriction violates state and federal fair housing laws and is void, and may be
removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for older persons shall not be
construed as restrictions based on familial status."
The provisions of said covenants, conditions and restrictions were extended to include the herein
described land by an instrument
Recorded: December 8, 1992 as file no. 1992-0786590 of Official Records
Modification(s) of said covenants, conditions and restrictions
Recorded: June 1, 1995 as file no. 1995-0230848 of Official Records
2. The fact that said land lies within the Community Facilities District No. 1, as disclosed by
instrument recorded December 19, 1990 as file no. 90-0674118 of Official Records.
3. A document entitled "a Hold Harmless Agreement for Drainage", dated, December 21, 1990,
executed by Upland Industries Corporation and the City of Carlsbad, subject to all the terms,
provisions and conditions therein contained, recorded May 6, 1991 as file no. 1991-0208521 of
Official Records.
4. A document entitled "an Agreement to Pay Bridge and Thoroughfare Fees", dated, April 24, 1991,
executed by Upland Industries Corporation, a Nebraska Corporation and the City of Carlsbad, a
Municipal Corporation, subject to all the terms, provisions and conditions therein contained,
recorded May 6, 1991 as file no. 1991-0208522 of Official Records.
5. A document entitled "An Agreement to Pay Drainage Fees as Required by the Growth Management
Program and the Adopted Local Facilities Management Plan for Zone -5 Sunnycreek Drainage
Area", dated, April 24, 1991, executed by Upland Industries Corporation, a Nebraska Corporation
and the City of Carlsbad, a Municipal Corporation, subject to all the terms, provisions and
conditions therein contained, recorded May 6, 1991 as file no. 1991-0208523 of Official Records.
6. The fact that the ownership of said land does not include any rights of ingress or egress to or from
College Boulevard adjacent thereto, said rights having been relinquished on Map No. 12815.
7. The fact that the Ownership of said land does not include any rights of ingress and egress to or from
College Boulevard adjacent thereto, said rights having been relinquished as shown on Parcel Map
No. 17971.
CLTA Preliminaty Report Form -Modified (11-17-06)
Page 7
SCHEDULEB
( continued)
•.,
Ore.., .)lo.: 106744795-X49
8. Any rights, interests, or claims which may exist or arise by reason of the following facts shown on a
survey plat entitled "ALTA/ACSM Land Title Survey" dated October 13, 2005 and last revised_,
2006 prepared by O'Day Consultants.
A. The encroachment of and the interest of the various utility facilities and block walls along the
boundary line adjacent to College Boulevards.
B. The encroachment of and the interest of an existing electrical transformer pad, over the
northwest property line, by a distance of 1.94 feet.
C. A chain link fence, which follows along the northwest boundary, encroaches into the adjacent
property by 0.64 feet.
9. An easement for the purpose shown below and rights incidental thereto as shown or as offered for
dedication on the recorded map shown below.
Map of:
Easement
Purpose:
Affects:
Parcel Map No. 17971
20' Drainage
a portion of Parcel 1, as shown thereon
10. A document entitled "Hold Harmless Agreement Drainage", dated, November 21, 1997, executed
by Carlsbad Business Park, L.L.C., a California Limited Liability Company, subject to all the
terms, provisions and conditions therein contained, recorded February 19, 1998 as file no. l 998-
0085420 of Official Records.
11. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Carlsbad Municipal Water District, a public agency organized in the
State of California
Water Line
April 8, 1998 as file no. 1998-0198386 of Official Records
the route affects a portion of said the remainder parcel as more fully
described in said document
12. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
public utilities, ingress and egress
April 23, 1998 as file no. 1998-0232254 of Official Records
the route affects a portion of said the remainder parcel as more fully
described in said document
CLTA Preliminary Report Form -Modified (11-17-06)
Page 8
SCHEDULEB
( continued)
Or~o.: 106744795-X49
13. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
public utilities, ingress and egress
November 19, 2001 as file no. 2001-0840366 of Official Records
The exact location and extent of said easement is not disclosed of
record
14. A document entitled "Encroachment Agreement", dated, February 12, 2002, executed by City of
Carlsbad and Invitrogen Corporation, subject to all the terms, provisions and conditions therein
contained, recorded August 2, 2002 as file no. 2002-0654140 of Official Records.
15. A document entitled "Tenants In Common Agreement", dated, February 10, 2006, executed by
Griffin Capital (Carlsbad Pointe) Investors, LLC, a Delaware Limited Liability Company ("Griffin
Investors"), ET AL subject to all the terms, provisions and conditions therein contained
recorded February 13, 2006 as file no. 2006-0102443 of Official Records.
16. A document entitled "Call Agreement", dated, February 10, 2006, executed by
Griffin Capital Corporation, a California corporation (the "Asset Manager"), ET AL
subject to all the terms, provisions and conditions therein contained recorded February 13,
2006 as file no. 2006-0102444 of Official Records.
17. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations
secured thereby
Amount:
Dated:
Trustor:
$37,000,000.00
February 10, 2006
Griffin Capital (Carlsbad Pointe) Investors, LLC, a Delaware
Limited Liability Company, as to an undivided 1.0000% interest;
Griffin Capital (Carlsbad Pointe) Investor 1, LLC, a Delaware
Limited Liability Company, as to an undivided 5.5484% interest;
Griffin Capital (Carlsbad Pointe) Investor 2, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 3, LLC, a Delaware
Limited Liability Company, as to an undivided 2.5806% interest;
Griffin Capital (Carlsbad Pointe) Investor 4, LLC, a Delaware
Limited Liability Company, as to an undivided 3.4839% interest;
Griffin Capital (Carlsbad Pointe) Investor 5, LLC, a Delaware
Limited Liability Company, as to an undivided 3.4839% interest;
CL TA Preliminary Report Form -Modified (11-17-06)
Page9
SCHEDULEB
( continued)
<'
O~No.: 106744795-X49
Griffin Capital (Carlsbad Pointe) Investor 6, LLC, a Delaware
Limited Liability Company, as to an undivided 0.9452% interest;
Griffin Capital (Carlsbad Pointe) Investor 7, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 8, LLC, a Delaware
Limited Liability Company, as to an undivided 0.9452% interest;
Griffin Capital (Carlsbad Pointe) Investor 9, LLC, a Delaware
Limited Liability Company, as to an undivided 6.4516% interest;
Griffin Capital (Carlsbad Pointe) Investor 10, LLC, a Delaware
Limited Liability Company, as to an undivided 3.3613% interest;
Griffin Capital (Carlsbad Pointe) Investor 11, LLC, a Delaware
Limited Liability Company, as to an undivided 4.5161 % interest;
Griffin Capital (Carlsbad Pointe) Investor 12, LLC, a Delaware
Limited Liability Company, as to an undivided 3.3452% interest;
Griffin Capital (Carlsbad Pointe) Investor 13, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 14, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 15, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 16, LLC, a Delaware
Limited Liability Company, as to an undivided 3.4581 % interest;
Griffin Capital (Carlsbad Pointe) Investor 17, LLC, a Delaware
Limited Liability Company, as to an undivided 4.0000% interest;
Griffin Capital (Carlsbad Pointe) Investor 18, LLC, a Delaware
Limited Liability Company, as to an undivided 9.6065% interest;
Griffin Capital (Carlsbad Pointe) Investor 19, LLC, a Delaware
Limited Liability Company, as to an undivided 2.8484% interest;
Griffin Capital (Carlsbad Pointe) Investor 20, LLC, a Delaware
Limited Liability Company, as to an undivided 2.8710% interest;
Griffin Capital (Carlsbad Pointe) Investor 21, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
CLT A Preliminary Report Form -Modified (11-17-06)
Page 10
Trustee:
Beneficiary:
Recorded:
SCHEDULEB
( continued)
\
Oro,,...J.lo.: 106744795-X49
Griffin Capital (Carlsbad Pointe) Investor 22, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 23, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2290% interest;
Griffin Capital (Carlsbad Pointe) Investor 24, LLC, a Delaware
Limited Liability Company, as to an undivided 2.6000% interest;
Griffin Capital (Carlsbad Pointe) Investor 25, LLC, a Delaware
Limited Liability Company, as to an undivided 2.5655% interest;
Griffin Capital (Carlsbad Pointe) Investor 26, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 27, LLC, a Delaware
Limited Liability Company, as to an undivided 2.9032% interest;
Griffin Capital (Carlsbad Pointe) Investor 28, LLC, a Delaware
Limited Liability Company, as to an undivided 2.5806% interest;
Griffin Capital (Carlsbad Pointe) Investor 29, LLC, a Delaware
Limited Liability Company, as to an undivided 2.1290% interest, all
as tenants in common
Chicago Title Company
JPMorgan, Chase Bank, N .A.
February 13, 2006 as File No. 2006-0102445 of Official Records
An assignment of the beneficial interest under said Deed of Trust which names:
Assignee:
Recorded:
Wells Fargo Bank, N.A., as Trustee for the benefit of the holders of
J.P. Morgan Chase Commercial Mortgage Securities Corp.,
Commercial Mortgage Pass-Through Certificates, Series 2006-LDP6
October 25, 2006 as Instrument No. 2006-0757644, of Official
Records
CL TA Preliminary Report Form -Modified (11-17-06)
Page 11
SCHEDULEB
( continued)
"•, Orc....,.;ro.: 106744795-X49
18. An assignment of all monies due, or to become due as rent or otherwise from said land, to secure
payment of an indebtedness, shown below and upon the terms and conditions therein.
Amount:
Assigned to:
By:
$37,000,000.00
JPMorgan Chase Bank, N.A.
Griffin Capital (Carlsbad Pointe) Investors, LLC, a Delaware
Limited Liability Company, as to an undivided 1.0000% interest;
Griffin Capital (Carlsbad Pointe) Investor 1, LLC, a Delaware
Limited Liability Company, as to an undivided 5.5484% interest;
Griffin Capital (Carlsbad Pointe) Investor 2, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 3, LLC, a Delaware
Limited Liability Company, as to an undivided 2.5806% interest;
Griffin Capital (Carlsbad Pointe) Investor 4, LLC, a Delaware
Limited Liability Company, as to an undivided 3.4839% interest;
Griffin Capital (Carlsbad Pointe) Investor 5, LLC, a Delaware
Limited Liability Company, as to an undivided 3.4839% interest;
Griffin Capital (Carlsbad Pointe) Investor 6, LLC, a Delaware
Limited Liability Company, as to an undivided 0.9452% interest;
Griffin Capital (Carlsbad Pointe) Investor 7, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 8, LLC, a Delaware
Limited Liability Company, as to an undivided 0.9452% interest;
Griffin Capital (Carlsbad Pointe) Investor 9, LLC, a Delaware
Limited Liability Company, as to an undivided 6.4516% interest;
Griffin Capital (Carlsbad Pointe) Investor 10, LLC, a Delaware
Limited Liability Company, as to an undivided 3.3613% interest;
Griffin Capital (Carlsbad Pointe) Investor 11, LLC, a Delaware
Limited Liability Company, as to an undivided 4.5161 % interest;
Griffin Capital (Carlsbad Pointe) Investor 12, LLC, a Delaware
Limited Liability Company, as to an undivided 3.3452% interest;
CLTA Preliminary Report Form -Modified (11-17-06)
Page 12
SCHEDULEB
( continued)
o......,...1No.: 106744795-X49
Griffin Capital (Carlsbad Pointe) Investor 13, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 14, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 15, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 16, LLC, a Delaware
Limited Liability Company, as to an undivided 3.4581 % interest;
Griffin Capital (Carlsbad Pointe) Investor 17, LLC, a Delaware
Limited Liability Company, as to an undivided 4.0000% interest;
Griffin Capital (Carlsbad Pointe) Investor 18, LLC, a Delaware
Limited Liability Company, as to an undivided 9.6065% interest;
Griffin Capital (Carlsbad Pointe) Investor 19, LLC, a Delaware
Limited Liability Company, as to an undivided 2.8484% interest;
Griffin Capital (Carlsbad Pointe) Investor 20, LLC, a Delaware
Limited Liability Company, as to an undivided 2.8710% interest;
Griffin Capital (Carlsbad Pointe) Investor 21, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 22, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 23, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2290% interest;
Griffin Capital (Carlsbad Pointe) Investor 24, LLC, a Delaware
Limited Liability Company, as to an undivided 2.6000% interest;
Griffin Capital (Carlsbad Pointe) Investor 25, LLC, a Delaware
Limited Liability Company, as to an undivided 2.5655% interest;
Griffin Capital (Carlsbad Pointe) Investor 26, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 27, LLC, a Delaware
Limited Liability Company, as to an undivided 2.9032% interest;
Griffin Capital (Carlsbad Pointe) Investor 28, LLC, a Delaware
Limited Liability Company, as to an undivided 2.5806% interest;
CLTA Preliminary Report Form -Modified (11-17-06)
Page 13
Recorded:
SCHEDULED
( continued)
Or<'?t,.-f•fo.: 106744795-X49
Griffin Capital (Carlsbad Pointe) Investor 29, LLC, a Delaware
Limited Liability Company, as to an undivided 2.1290% interest, all
as tenants in common
February 13, 2006 as File No. 2006-0102446 of Official Records
An assignment of the Assignment of Rents which names:
Assignee:
Recorded:
Wells Fargo Bank, N.A., as Trustee for the benefit of the holders of
J.P. Morgan Chase Commercial Mortgage Securities Corp.,
Commercial Mortgage Pass-Through Certificates, Series 2006-LDP6
October 25, 2006 as Instrument No. 2006-0757644, of Official
Records
19. A financing statement filed with the office of the county recorder, showing
Debtor:
Secured Party:
Recorded:
Property Covered:
Griffin Capital (Carlsbad Pointe) Investors, LLC
JPMorgan Chase Bank, N.A.
February 13, 2006 as file no. 2006-0102447 of Official Records
said land
A change to the above financing statement was filed
Nature of Change:
Recorded:
Assignment
October 25, 2006 as Instrument No. 2006-0757665, of Official
Records
A change to the above financing statement was filed
Nature of Change:
Recorded:
Continuation
August 27, 2010 . as Instrument No. 2010-0449167, of Official
Records
20. An unrecorded lease affecting the premises herein described, executed by and between the parties
herein named, with certain terms, covenants, conditions and provisions set forth therein.
Lessor: Griffin Capital (Carlsbad Pointe) Investors, LLC, a Delaware
Limited Liability Company, as to an undivided 1.0000% interest;
Griffin Capital (Carlsbad Pointe) Investor 1, LLC, a Delaware
Limited Liability Company, as to an undivided 5.5484% interest;
Griffin Capital (Carlsbad Pointe) Investor 2, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 3, LLC, a Delaware
Limited Liability Company, as to an undivided 2.5806% interest;
CLTA Preliminary Report Form -Modified (11-17-06)
Page 14
,,......
SCHEDULEB
( continued)
Or~o.: 106744795-X49
Griffin Capital (Carlsbad Pointe) Investor 4, LLC, a Delaware
Limited Liability Company, as to an undivided 3.4839% interest;
Griffin Capital (Carlsbad Pointe) Investor 5, LLC, a Delaware
Limited Liability Company, as to an undivided 3.4839% interest;
Griffin Capital (Carlsbad Pointe) Investor 6, LLC, a Delaware
Limited Liability Company, as to an undivided 0.9452% interest;
Griffin Capital (Carlsbad Pointe) Investor 7, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 8, LLC, a Delaware
Limited Liability Company, as to an undivided 0.9452% interest;
Griffin Capital (Carlsbad Pointe) Investor 9, LLC, a Delaware
Limited Liability Company, as to an undivided 6.4516% interest;
Griffin Capital (Carlsbad Pointe) Investor 10, LLC, a Delaware
Limited Liability Company, as to an undivided 3.3613% interest;
Griffin Capital (Carlsbad Pointe) Investor 11, LLC, a Delaware
Limited Liability Company, as to an undivided 4.5161 % interest;
Griffin Capital (Carlsbad Pointe) Investor 12, LLC, a Delaware
Limited Liability Company, as to an undivided 3.3452% interest;
Griffin Capital (Carlsbad Pointe) Investor 13, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 14, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 15, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 16, LLC, a Delaware
Limited Liability Company, as to an undivided 3.4581 % interest;
Griffin Capital (Carlsbad Pointe) Investor 17, LLC, a Delaware
Limited Liability Company, as to an undivided 4.0000% interest;
Griffin Capital (Carlsbad Pointe) Investor 18, LLC, a Delaware
Limited Liability Company, as to an undivided 9.6065% interest;
CLTA Preliminary Report Fonn -Modified (11-17-06)
Page 15
Lessee:
Disclosed by:
Recorded:
I Or~'IJ"o.: 106744795-X49
SCHEDULEB
( continued)
Griffin Capital (Carlsbad Pointe) Investor 19, LLC, a Delaware
Limited Liability Company, as to an undivided 2.8484% interest;
Griffin Capital (Carlsbad Pointe) Investor 20, LLC, a Delaware
Limited Liability Company, as to an undivided 2.8710% interest;
Griffin Capital (Carlsbad Pointe) Investor 21, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 22, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 23, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2290% interest;
Griffin Capital (Carlsbad Pointe) Investor 24, LLC, a Delaware
Limited Liability Company, as to an undivided 2.6000% interest;
Griffin Capital (Carlsbad Pointe) Investor 25, LLC, a Delaware
Limited Liability Company, as to an undivided 2.5655% interest;
Griffin Capital (Carlsbad Pointe) Investor 26, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 27, LLC, a Delaware
Limited Liability Company, as to an undivided 2.9032% interest;
Griffin Capital (Carlsbad Pointe) Investor 28, LLC, a Delaware
Limited Liability Company, as to an undivided 2.5806% interest;
Griffin Capital (Carlsbad Pointe) Investor 29, LLC, a Delaware
Limited Liability Company, as to an undivided 2.1290% interest, all
as tenants in common
Invitrogen Corporation, a Delaware corporation
Memorandum of Lease
February 13, 2006 as file no. 2006-0102442 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.
Said lease does contain a purchase option right of first refusal.
An agreement (and the provisions contained therein) which states that said lease and the option
contained therein is subordinate to the Deed of Trust
Recorded:
By Agreement Recorded
February 13, 2006 as file no. 2006-0102445 of official records
March 2, 2006 as file no. 2006-0147900 of official records
CLTA Preliminary Report Form -Modified (11-17-06)
Page 16
SCHEDULED
( continued)
OrtM1-fo.: 106744795-X49
21. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Notice of Restriction on Real Property
January 21, 2010 as Instrument No. 2010-0029856, of Official
Records
22. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Reciprocal Parking and Access Agreement
January 21, 2010 as Instrument No. 2010-0029857, of Official
Records
Amended and Restated Reciprocal Parking, Access and Easement Agreement, subject to all the
terms, provisions and conditions therein contained, recorded September 21, 2010 as Instrument No.
2010-0499652 of Official Records.
Reference is hereby made to said document for full particulars.
23. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Triparty Agreement Regarding Planned Unit Development
February 9, 2010 as Instrument No. 2010-0066438, of Official
Records
24. This exception has been intentionally deleted.
25. This exception has been intentionally deleted.
26. This exception has been intentionally deleted.
27. This exception has been intentionally deleted.
28. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Purpose:
Recorded:
Affects:
public water
May 3, 2010 as Instrument No. 2010-0220617 of Official Records
That portion of said land as described in the document attached
hereto.
Restrictions on the use, by the owners of said land, of the easement area as set forth in the easement
shown above.
Reference is hereby made to said document for full particulars.
CLTA Preliminary Report Form -Modified (11-17-06)
Page I 7
SCHEDULEB
( continued)
Ori."J'!!"!"No.: 106744795-X49
29. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Notice of Restriction on Real Property
September 21, 2010 as Instrument No. 2010-0499653, of Official
Records
30. Water rights, claims or title to water, whether or not disclosed by the public records.
31. Any rights, claims, or interests that may exist or arise by reason of the following facts disclosed by
an ALTA/ACSM Land Title Survey dated as of November 18, 2010 prepared by or under the
direction of Patrick N. O'Day, C. 27214, for O'Day Consultants, Job No. 101310.
A. A transformer pad extends across the southwesterly line of Parcel 1.
B. A retaining wall extends across the northwesterly line of Parcel 1.
C. A chain link fence meanders across the northwesterly line of Parcel 1.
D. There are walls and columns on the northwesterly line of Parcel 1.
E. A transformer pad extends across the northwesterly line of Parcel 1.
F. 8-inch block walls and San Diego Gas and Electric vaults on the easterly side of Parcel 1
extend onto College Boulevard.
G. There are sewer and drainage improvements in various locations on Parcel 1.
H. The fact that the following matters set forth in the "Minimum Standard Detail Requirements
for ALTA/ACSM Land Title Surveys" jointly established and adopted by ALTA, ACSM,
and NSPS in 2005, have not been addressed or complied with by the survey in its present
form. The numbers in parentheses refer to the specific standard in the requirements.
8. The surveyor's certificate is incomplete to current standards.
32. Any rights of parties in possession of said land, based on any unrecorded lease, or leases.
This Company will require a full copy of any unrecorded lease, together with all supplements,
assignments, and amendments for review.
33. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Purpose:
Recorded:
Affects:
public water
November 24, 2010 as Instrument No. 2010-0648254 of Official
Records
That portion of said land as described in the document attached
hereto.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 18
SCHEDULEB
( continued)
; Or~No.: 106744795-X49
34. A document entitled "Hold Harmless Agreement Geological Failure", subject to all the terms,
provision(s) and conditions therein contained, recorded January 12, 2011 as Instrument No. 2011-
0021757, of Official Records.
35. A document entitled "Hold Harmless Agreement Drainage", subject to all the terms, provision(s)
and conditions therein contained, recorded January 12, 2011 as Instrument No. 2011-0021758, of
Official Records.
36. A document entitled "Permanent Stormwater Quality Best Management Practice Maintenance
Agreement", dated October 28, 2010 executed by City of Carlsbad, California, a Municipal
Corporation of the State of California and Griffin Capital (Carlsbad Pointe) Investors Number 1-29,
LLC, subject to all the terms, provision(s) and conditions therein contained, recorded January 12,
2011, as Instrument No. 2011-0021760, of Official Records.
3 7. Matters affecting Parcel 2 of Schedule A are not shown herein.'
END OF SCHEDULE B
CLTA Preliminary Report Form -Modified ( 11-17-06)
Page 19
' Qn,e(No.: 106744795-X49
INFORMATIONAL NOTES
Note No. 1: Section 12413.1, California Insurance Code became effective January 1, 1990. This
legislation regulates the disbursement of funds deposited with any title entity acting in an escrow or
sub-escrow capacity. The law requires that all funds be deposited and collected by the title entity's
escrow and/or sub-escrow account prior to disbursement of any funds. Some methods of funding
may be subject to a holding period, which must expire before any funds may be disbursed. In order
to avoid any such delays, all funding should be done via wire transfer. Funds deposited with the
Company via wire transfer may be disbursed upon receipt. Funds deposited by cashiers checks,
certified checks, and teller's checks is one business day after the day deposited. Other checks may
require hold periods from two to five business days after the day deposited, and may delay your
closing. The Company may receive benefits from such banks based upon the balances in such
accounts. Such benefits will be retained by the Company as part of its compensation for handling
such funds.
Note No. 2: The charge where an order is cancelled after the issuance of the report of title, will be
that amount which in the opinion of the Company is proper compensation for the services rendered
or the purpose for which the report is used, but in no event shall said charge be less that the
minimum amount required under Section 12404.1 of the Insurance Code of the State of California.
If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then
the minimum cancellation fee shall be that permitted by law.
Note No. 3: California Revenue and Taxation Code Section 18668, effective January 1, 1991,
requires that the buyer in all sales of California Real Estate, withhold 3-1/3% of the total sales price
as California State Income Tax, subject to the various provisions of the law as therein contained,
and as amended.
Note No. 4: Wire Transfers
In the event your transaction is being escrowed by a Chicago Title office, contact should be made
with the office to obtain correct wiring instructions. Failure to do so could result in a delay in the
receipt of funds and subsequent closing of your transaction.
Chicago Title will disburse by wire-out only collected funds or funds received by confirmed
wire-in.
The Company's wire-in instructions are:
Bank:
Bank ABA No.:
Account Name:
Account No.:
For Credit To:
Order No.:
Bank of America
275 Valencia Blvd, 2nd Floor
Brea, CA 92823
0260-0959-3
Chicago Title Company, Broadway Plaza Office
12351-50737
Chicago Title Company
700 South Flower, Suite 800
Los Angeles, CA 9001 7
106744795-X49
CLTA Preliminary Report Form -Modified (11-17-06)
Page 20
INFORMATIONAL NOTES
( continued)
Qrt!':'(No.: 106744795-X49
LENDER NOTE: On the DATE you fund the Loan and WIRE Funds to Chicago Title and
reference the above Order Number, you must send written NOTICE to
the Title Officer's Unit by messenger or E-Mail that you sent the Funds.
Chicago Title will send an E-Mail acknowledging receipt of the funds as
soon as practicable.
Chicago Title will NOT be responsible for any delay in Closing and
Recording the transaction, nor will Chicago Title be liable for any claim
of lost Interest unless such written Notice is sent the day of Funding and
Chicago Title has acknowledged receipt of funds.
Note No. 5: Your application for title insurance was placed by reference to a street address or
assessor's parcel number. Based upon our records, we believe that the description in this report
covers the parcel that you requested.
To prevent errors, we require written confirmation that the legal description contained herein covers
the parcel that you requested.
Note No. 6: The plat, (map), which is attached to this report, is to assist you in locating land with
reference to streets and other parcels. While this plat is believed to be correct, the Company
assumes no liability for any loss occurring by reason of reliance thereon.
Note No. 7: 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.
Note No. 8: The policy to be issued may contain an arbitration clause. When the Amount of
Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 21
INFORMATIONAL NOTES
( continued)
"'""\
O~No.: 106744795-X49
Note No. 9: This Company will require for review the following documents from the following
Limited Liability Company: Griffin Capital (Carlsbad Pointe) Investors, LLC; Griffin Capital
(Carlsbad Pointe) Investors 1, LLC; Griffin Capital (Carlsbad Pointe) Investors 2, LLC; Griffin
Capital (Carlsbad Pointe) Investors 3, LLC; Griffin Capital (Carlsbad Pointe) Investors 4, LLC;
Griffin Capital (Carlsbad Pointe) Investors 5, LLC; Griffin Capital (Carlsbad Pointe) Investors 6,
LLC; Griffin Capital (Carlsbad Pointe) Investors 7, LLC; Griffin Capital (Carlsbad Pointe)
Investors 8, LLC; Griffin Capital (Carlsbad Pointe) Investors 9, LLC; Griffin Capital (Carlsbad
Pointe) Investors 10, LLC; Griffin Capital (Carlsbad Pointe) Investors 11, LLC; Griffin Capital
(Carlsbad Pointe) Investors 12, LLC; Griffin Capital (Carlsbad Pointe) Investors 13, LLC; Griffin
Capital (Carlsbad Pointe) Investors 14, LLC; Griffin Capital (Carlsbad Pointe) Investors 15, LLC;
Griffin Capital ( Carlsbad Pointe) Investors 16, LLC; Griffin Capital ( Carlsbad Pointe) Investors 1 7,
LLC; Griffin Capital (Carlsbad Pointe) Investors 18, LLC; Griffin Capital (Carlsbad Pointe)
Investors 19, LLC; Griffin Capital (Carlsbad Pointe) Investors 20, LLC; Griffin Capital (Carlsbad
Pointe) Investors 21, LLC; Griffin Capital (Carlsbad Pointe) Investors 22, LLC; Griffin Capital
(Carlsbad Pointe) Investors 23, LLC; Griffin Capital (Carlsbad Pointe) Investors 24, LLC; Griffin
Capital (Carlsbad Pointe) Investors 25, LLC; Griffin Capital (Carlsbad Pointe) Investors 26, LLC;
Griffin Capital (Carlsbad Pointe) Investors 27, LLC; Griffin Capital (Carlsbad Pointe) Investors 28,
LLC and Griffin Capital (Carlsbad Pointe) Investors 29, LLC
A. A copy of its Operating Agreement and any and all amendments, supplements and/or
modifications thereto, certified by the appropriate manager.
B. Confirmation that its Articles of Organization (LLC-1), and Certificate of Amendment
(LLC-2), any restated Articles of Organization (LLC-10) and/or any Certificate of Correction
(LLC-11) have been filed with the Secretary of State.
C. If the Limited Liability Company is member-managed a full and complete list of members
certified by the appropriate manager.
D. If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory
to the Company, that it was validly formed, is in good standing and authorized to do business
in the state of origin.
E. If the Limited Liability Company was formed in a foreign jurisdiction, evidence satisfactory
to the Company, that it has complied with California "doing business" laws, if applicable.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 22
' ' ,
INFORMATIONAL NOTES
( continued)
ATTACHMENT ONE
PRIVACY STATEMENT
IMPORT ANT INFORMATION:
,,;-•=""',
Ol'M'f No.: 106744795-X49
For those of you receiving this report by electronic delivery the Privacy Statement and Attachment
One are linked to this report. Please review this information by selecting the link. For those of you
who are receiving a hard copy of this report, a copy of this information has been submitted for your
review.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 23
' ' l f
INFORMATIONAL NOTES
( continued)
NOTICE
/ ..... ,\
0~ No.: 106744795-X49
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced
residential property in California between May 19, 1995 and November 1, 2002. If you had more than one
qualifying transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is the subject of your current transaction, you
do not have to do anything; the Company will provide the discount, provided you are paying for escrow
or title services in this transaction.
If your previous transaction involved property different from the property that is subject of your current
transaction, you must -prior to the close of the current transaction -inform the Company of the earlier
transaction, provide the address of the property involved in the previous transaction, and the date or
approximate date that the escrow closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on property that is not the subject of this
transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a
discount. If you provide the Company information concerning a prior transaction, the Company 1s
required to determine if you qualify for a discount which is subject to other terms and conditions.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 24