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HomeMy WebLinkAboutCD 2020-0010; T-MOBILE SD06088A; Consistency Determination (CD)DocuSiQn Envelope ID: 84240O38-C85D-4E74-BFAA-E2E984572203 CITY OF CARLSBAD APPLICATION FORM FOR CONSISTENCY DETERMINATION APPLICATION PROJECT NAME: T-Mobile SD06088A Assessor's Parcel Number(s) and Address: 155-272-19-00 10 q~ Laguna Dr, Carlsbad, CA 92008 Description of proposal (add attachment if necessary): Cell site upgrade. Increasing from (6) antennas to (9) antennas. Expansion of FRP screen box. Only minimal in-cabinet work proposed in equipment area. Fully stealth design. Would you like to orally present your proposal to your assigned staff planner/engineer? Yes D @ □ Please list the staff members you have previously spoken to regarding this project If none, please so state. Chris Garcia OWNER NAME (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: VSCRE Holdings, LLC 500 North Hurstbourne Pkwy, Suite 200 Louisville, Kentucky 40222 502-357-9000 dbaker@ventasreit.com *Owner's signature Indicates pennlsslon to conduct a preliminary review for a development proposal. IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE~oocuSlgned by: ·.L: AJ /. · 07/07/2020 SIGNATUREt..rt>i=1Alt.» ,_. l),IM4M4ll.1-)S DATE 61854380E1B~20 ... Christian N. Cummin s !-'resident of VSCRE Holdin s LLC APPLICANT NAME (Print): T-Mobile MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: -----------10509 Vista Sorrento Pkwy Suite 206 San Diego, CA 92121 858-344-6112 EMAIL ADDRESS: Joseph.Rose41@T-Mobile.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 6/17/20 DATE APPLICANT'S REPRESENTATIVE (Print): _C_h_n_·s_V_u_o_n_.9,.__ __________________ _ MAILING ADDRESS: 17169 Botero Drive CITY, STATE, ZIP: San Diego, CA 92127 TELEPHONE: 858-205-4150 ___ .......,. _________ .........., _______________________________ _ EMAIL ADDRESS: cvuong@j5ip.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. (jltt,-1r //4.ov 06-17-2020 SIGNATURE DATE FEE REQUIRED/DATE FEE PAID: RECEIVED BY: Laum Coury P-16 Page 2 of 2 Revised 02/28/18 ~··Mobile· SD □6 □BBA L AS FLORE S 1 □96 L AGUNA □RIVE C ARLSBAD CA 92D□B PAO POSl:D A N Tl:N N A AND "RU ■IE.HIND 11:XIIITINCI ■CRlii:EN / PflC ,itQ81:0 AN TENN A ■CHINO N C W Al: .. l.ACl:MENT 80PIIE'IE'N AEslms.com 877.9AE.slms ~··Mobile· SD □6 □BBA LAS F'LORES 1 096 LADUNA DRIVE CARLSBAD CA 92008 AEslms.com 877.SAE.slms ~··Mobile· SD □6 □BBA LAS FLORES 1 096 LAGU NA □RIVE CARLSBAD CA 92008 AEslms.com 877,9AE.llms Commonwealth Land Title Insurance Company GUARANTEE NO.: CA-SFXFC-IMP-81G28-1-20-92012719 Cl TA GUARANTEE FACE PAGE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, COMMONWEAL TH LAND TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. Commonwealth Land Title Insurance Company Countersigned: A:ncsr By:---------Authorized Officer or Agent S«ret.ary CL TA Guarantee Face Page (06-05-14) Page 1 © California Land Title Association. All rights reserved. The use of this Fonn is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express pennission from the California Land Title Association. Order No. 92012719-920-CMM-CMS Guarantee No. CA-SFXFC-IMP-81G28-1-20-92012719 GUARANTEE EXCLUSIONS AND CONDITIONS (06-05-14) EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1 }, (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b) "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest. estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. (f) "Amount of Liability": the Amount of Liability as stated in Schedule A. 2. Notice of Claim to be Given by Assured. The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defand or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defand or Prosecute Actions; Duty of Assured to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b}, or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a} the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c} Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse Judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. (a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested CL TA Guarantee Exclusions and Conditions (06-05-14) Page 2 © CaHfomla Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 92012719-920-CMM-CMB information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that that the Company is obligated to pay; or (c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. Limitation of Llablllty. (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien or, encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10. Subrogation Upon Payment or Settlement V\Jhenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or Guarantee No. CA-SFXFC-IMP-81G28-1-20-92012719 property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 11. Arbitration. Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such daim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. Severablllty In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14. Choice of Law; Forum (a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at Commonwealth Land Tille Insurance Company, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. CL TA Guarantee Exclusions and Conditions (06-05-14) Page 3 © C&llfomla Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No.: 92012719-920-CMM-CMS Guarantee No.: CA-SFXFC-IMP-81G28-1-20-92012719 CONDITION OF TITLE GUARANTEE SCHEDULE A Order No.: 92012719-920-CMM-CMS Guarantee No.: CA-SFXFC-IMP-81O28-1-20-92012719 Date of Guarantee: June 3, 2020 at 7:30 am 1. Name of Assured: JS Infrastructure Partners 2. The estate or interest in the Land which is covered by this Guarantee is: AFEE 3. The Land referred to in this Guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: VSCRE Holdings, LLC, a Delaware limited liability company Amount of Liability: $5,000.00 Fee: $750.00 b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. 81G28 Cl TA Guarantee Form No. 28 (06-05-14) Page 4 Condition of Title Guarantee © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 92012719-920-CMM-CMS EXHIBIT A LEGAL DESCRIPTION Policy No. CA-SFXFC-IMP-81G28-1-20-92012719 ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: ALL OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING WESTERLY AND SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED OWE 12, 1970 AS FILE NO. 101788 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THOSE PORTIONS DEEDED TO THE CITY OF CARLSBAD BY DEEDS RECORDED DECEMBER 10, 1985 AS FILE NOS. 85-465324 AND FILE NO. 85-465325 AND MAY 27, 1986 AS FILE NO. 86-208841, ALL OF OFFICIAL RECORDS. APN: 155-272-19 81G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Pages The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 92012719-920-CMM-CMS Policy No. CA-SFXFC-IMP-81G28-1-20-92012719 SCHEDULE B A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2020-2021. B. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: 155-272-19-00 2019-2020 $131,806.22 $131,806.22 0.00 09000 C. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. D. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company Public utilities, ingress and egress December 30, 1968 228131, of Official Records A portion of said land 3. 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 said map/plat. Affects: The Northwesterly boundary of said land Said Land, however, abuts on a public thoroughfare, other than the one referred to above, over which the rights of vehicular access have not been relinquished. 4. Matters contained in that certain document Entitled: Executed by: Recording Date: Recording No: Agreement Villas De Carlsbad, a limited partnership and city of Carlsbad, a municipal corporation October 3, 1985 85-367835, of Official Records Reference is hereby made to said document for full particulars. 81G28 CL TA Guarantee Form No. 28 (06-05-14) Page 6 Condition of Title Guarantee © Callfomia Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 92012719-920-CMM-CMS SCHEDULE B (Continued) Policy No. CA-SFXFC-IMP-81G28-1-20-92012719 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Costa Real Municipal Water District To erect, construct, reconstruct, replace, repair, maintain, their necessary fixtures and apartments including but not limited to conduits and cables for power transmission and communication purposes March 3, 1986 86-83364, of Official Records A portion of said land Note: Portion of Easement vacated by Quitclaim Deed recorded Recording Date: October 25, 1995 Recording No.: 95-481661, of Official Records 6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company Public utilities, ingress and egress Augusts, 1986 86-330988, of Official Records A portion of said land The exact location and extent of said easement is not disclosed of record. Limitations on the use, by the owners of said Land, of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Pacific Bell Public utilities, ingress and egress October 6, 1986 86-447594, of Official Records A portion of said land The exact location and extent of said easement is not disclosed of record. Limitations on the use, by the owners of said Land, of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. 81G28 CLTA Guarantee Form No. 28 (06-05-14) Page 7 Condition of Title Guarantee © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 92012719-920-CMM-CMS SCHEDULE B (Continued) Policy No. CA-SFXFC-IMP-81G28-1-20-92012719 8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District The Construction, operation, repair, reconstruction and activates necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purposes of collection October 10, 1995 95-457086, of Official Records A portion of said land 9. Matters contained in that certain document Entitled: Executed by: Recording Date: Recording No: A Notice of Restriction City of Carlsbad July 10, 1996 96-343952, of Official Records Reference is hereby made to said document for full particulars. 10. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Memorandum of lease Villas De Carlsbad, LTD, a California limited partnership Pacific Bell Mobile Services, a California corporation August 19, 1996 96-421430, 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. 11. Right of Facility residents under unrecorded residency agreement 12. Subordination, Nondisturbance and Attornment Agreement, and the terms and conditions thereof: Lender: Tenant: Landlord: Recording Date: Recording No: Ventas Reality, limited partnership, a Delaware limited liability company Villas De Carlsbad, LTD., a California limited partnership Las Villas De Carlsbad Reality, LLC, a Delaware limited liability company August28,2006 2006-612125, 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. 81G28 CL TA Guarantee Form No. 28 (06-05-14) Page 8 Condition of Title Guarantee © California Land Title Association. Alf rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. Alf other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 92012719-920-CMM-CMS SCHEDULES (Continued) Policy No. CA-SFXFC-IMP-81G28-1-20-92012719 13. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Subordination, Nondisturbance and Attornment Agreement Las Villas De Carlsbad Reality, LLC, a Delaware limited liability company Villas De Carlsbad, LTD., a California limited partnership August 28, 2006 2006-612126, 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. 14. Subordination, Nondisturbance and Attornment Agreement, and the terms and conditions thereof: Lender: Tenant: Landlord: Recording Date: Recording No: Ventas Reality, limited partnership, a Delaware limited liability company Villas De Carlsbad, LTD., a California limited partnership Las Villas De Carlsbad Reality, LLC, a Delaware limited liability company August 28, 2006 2006-612127, 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. 15. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Subordination, Nondisturbance and Attornment Agreement Las Villas De Carlsbad Reality, LLC, a Delaware limited liability company Villas De Carlsbad, LTD., a California limited partnership August 28, 2006 2006-612128, 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. 16. A financing statement as follows: Debtor: Secured Party: Recording Date: Recording No: Reginald E. Dupre Synovus Bank December 10, 2018 2018-507276, of Official Records 81G28 CL TA Guarantee Form No. 28 (06-05-14) Page9 Condition of Title Guarantee © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 92012719-920-CMM-CMS SCHEDULE B (Continued) Policy No. CA-SFXFC-IMP-81G28-1-20-92012719 17. Any interest of the person shown below, whose possible interest is disclosed by their joinder in executing the document referenced below. Interest of: Document: Recording Date: Recording No: Reginald E. Dupre UCC Financing Statement December 10, 2018 2018-507276, of Official Records 18. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 19. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: VSCRE Holdings, LLC, a Delaware limited liability company a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member. d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form. 81G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 10 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 92012719-920-CMM-CMB SCHEDULE B (Continued) Policy No. CA-SFXFC-IMP-81G28-1-20-92012719 20. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 81G28 CLTA Guarantee Form No. 28 (06-05-14) Page 11 Condition of Title Guarantee © California Land Title Association. All rights reserved. The use of this Form is restricted to CLT A subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. . " - "' @st ii'~ ~►.: -·' -= L i ~ i:; § -, II 5 Eb ..