HomeMy WebLinkAboutCT 14-05; MAGNOLIA TOWNHOMES; Engineering ApplicationI
Development Services (City of APPLICATION
ENGINEERING Land Development Engineering
Carlsbad PLANCHECK 1635 Faraday Avenue
760-602-2750
E23 www.carlsbadca.gov
CnmnIte all anornoriate information. Write N/A when not anolicable.
Project Name: Thu' A C) VA Date:______________________
Project Description: (&J'w..e.t
Project Addressi 74' Pi P tstl &chô i .-f.0 c4-i1c,60 Ch
Lot No(s).:___ Map No.: Zo _____ APN(s): 4-2-2tb_2&i)_SO-OS
Number of Lots: Number of Acres: C_ __avyvsMiles of Trails:_______________________
Owner: IS Oyyokud-i,'~yc Applicant:
Mailing Address: '24.._Pih.Yf'Ø( Mailing Address:
_CA_'U.61'f ef Phone Number: _ULQWY '%lAQ_4 Phone Number:
Fax Number: Fax Number:
E-mail: TS fvmo 0 _CkUd• Cow E-mail:
I certify that I gal o ner an that all the above
infZp 09 rue est of my kq4ewlge.
Si r Date Signature:Date:
Civil EngineeUUce*t le t44A Soils Engineer: k?f4((1'cJ''hC
Firm: _ Coi____TACv1_4-jQ,.A. Firm: R&4v8_
MailingAddress: 12.311Lws,S ci.tCo3 Mailing Address: 42.0 a Paciçfc
rLt _ CA tRZkAo 4"q-' 16060
Phone Number: 114 740 846 Phone Number: LO yr ())fOC.L,Ct qocôC
Fax Number: 1('(-'7#o- t42- Fax Number: 0- 714 -62.i-5\
E-mail: V" vvie. 60 Ca E-mail: *?4I'1fcAø "Ad A6O -Co M
State Registration Number: P-C(E 9 4Cj State Registration Number,A
Additional Comments:
IMRO VEMEF4T' VALUATION
What water district is the proposed project located in? (cckpne)
U Carlsbad Municipal Water District U Olivenhain U Vallecitos
If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for
water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public
(median) landscape and irrigation, and drainage improvemeits (if applicable)? $
GRADING QUAN1ITIES
cut (_S_C) cy fill 6 cy remedial £) cy import - cy export '&OS cy
.1'
E-23 Page. f of 2 REV 07/14
APPLICATION Development Services !City of ENGINEERING Land Development Engineering
Cc±isbad PLANCHECK 1635 Faraday Avenue
760-602-2750
E23 www.carlsbadca.gov
('nmnIcta all innrnnrilfA information- Write N/A when not annlicable.
APPLICATION FOR
(check all that apply)
FOR CITY USE ONLY
Project
ID.
Drawing
Number
Deposit /Fees
Paid
Comments
El Adjustment Plat (ADJ)
LI Certificate of Compliance (CE)
LI Dedication of Easement (PR)
Type:
Type:
LI Encroachment Permit (PR)
Ef1l Map (FM)
1Gpding Plancheck (DWG)
_____
IU,/mprovement Plancheck (DWG)
_________
El Parcel Map (PM)
LI Quitclaim of Easement (PR)
Type:
LI Reversion to Acreage (RA)
LI Street Vacation (STV)
El Tentative Parcel Map (MS)
LI Certificate of Correction (CCOR)
LI Covenant of Easement (PR)
LI Substantial Conformance
Exhibit (SCE)
El Trails LI <mile LI > mile
LI Other
APPLICATION ACCEPTED BY:
E-23
DATE STAMP
APPLICATION RECEIVED
j\ç
V'
NOV 18?O5
Q'
ENGINEERING
Page 2of2 REV 07/14
p . 0
Michael Baker
INTERNATIONAL
5050 Avenida Encinas
Suite 260
Carlsbad, CA 92008
PROJECT MAP REVIEW COMPLETION
The following project map has been reviewed and is recommended for approval:
Project Name Magnolia Walk
Project No CT 14-05
Dwg. No.: FM 14-05
Sheets No 1 -3 of 3
DECLARATION OF RESPONSIBLE CHARGE
I hereby declare that I have exercised responsible charge over the map review of this project as
defined in Section 6703 of the Business and Professions Code to determine that the map is
found to be in substantial conformance with applicable codes and standards.
Review of the project map does not relieve the Engineer of Work of the responsibilities for
project design under state and local ordinances.
Signed 12-28-2017
Date
RCE 77512 Exp. 6/30/19
ORANGE COAST TITLE COMPANY
BUILDER SERVICES/COMMERCIAL DIVISION
3536 CONCOURS DRIVE #120
ONTARIO, CA 91764
LAND DIVISION GUARANTEE
ORDER NO,: 140-1701777-32
GUARANTEE NO.: G-2222-000082558
LIABILITY: $10,000.00
FEE: $150.00
TYPE OF MAP: Tract
MAP NO.: 14-05
EFFECTIVE DATE: December 20, 2017
ASSURED: City of Carlsbad, County of Carlsbad
DESCRIPTION OF THE LAND REFERRED TO IN THIS GUARANTEE:
Subdivision of a portion of Tract No. 231, thum lands, in the City of Carlsbad, County of San Diego, State of California, according to map
thereof no. 1681 filed in the office of the county recorder of San Diego County, December 9, 1915
PARTIES WHOSE SIGNATURES ARE NECESSARY, UNDER THE REQUIREMENTS OF THE SUBDIVISION MAP ACT, ARE
AS FOLLOWS:
TMS Highland Investments, LLC, Owner
Capital Bank, beneficiary under deed of trust recorded July 23, 2014 as Instrument No. 2014-308994 and recorded March 18, 2015 as
Instrument No. 2015-124488 and recorded July 20, 2016 as InstruxnentNo. 2016-0364133 all of official records
SIGNATURE OMMISIONS:
a) The signature(s) of South Coast Land Company holder of an easement for roads and pipelines and by deed
recorded in Book 1067, Page 302 of Deeds, has been omitted pursuant to the provisions of section 66436 (a) (3)
I-VII of the Subdivision Map Act, as their interest is such that it cannot ripen into a fee, and said signatures are
not required by the governing body.
4
C~.f- I q,-05
Q
for or in the name of the Assured any claim which could result In loss to the
Assured Athln the coverage of this (Iuarariteo1 or to pay the full amount of
this Guarantee or, If this Quamnlee is Issued for the benefit of a holder of a
mortgage or a llenhoider, the Company shall have the option to purchase the
indobtedneoa secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expanses
Incurred by the Assured claimant which were authorized by the Company up
to the tIme of purchase.
Such purchase, payment or tender of payment of the full amount of the Quwanlee shalt terminate all liability of the Company hereunder. In the avant after noVoe of claim has been given to the Company by the Assured the
Company offers to purchase said Indebtedness, the owner of swh indebtednee
shall tranefet and assign said Indebtedness, together with any collateral ecourity,
to the Company upon payment of the purchase pita.
Upon the exerølee by Vie Company of the option pividod for in
Paragraph (n) the Company's obligation to the Assured under this Guarantee
For the claimed loss or damage, other than to make the payment required In that
paragraph, shall terminate, Including any obligation to continue the defense or
prosecution of any iltgation for which the Company has exercised Its options
under Paragraph 6, and the Guarantee' shalt be surrendered to the Company
of cancellation,
(b) To Pay or Othemlse Settle With Parties Other Than the Mewed or With theAssured Claimant.
To pay or otherwIse settle with othOr panies for or In (tie name of an
Assured claimant any claIm assure against under this Guarantee, together
with any costs, attorneys' foes and expenses incurred by the Assured claimant
which were authorized by the Company up to the time of payment and which
the Company Is obligated to pay.
Upon the exercise by the Company of the option piuvlded by in Paragraph (b) the Company's obligation to the Assured isider this Guarantee
for the claimed loss ordarnage, otherituntomaketho payment required In that paragraph shall terminate, including any obligation to continue the defense or
prosecution of any litigation for which the Company has exorcised its options
under Paragraph
8. Determination and Extent of Liability This Guarantee to 4 contract of
Indemnity against actual monetary kiss or damage sustained or Incurred by
Me Assured claimant who has suffered toss or damage by ieason of reliance upon the assurances set forth In this Guarantee and only to the extent herein
described, and subject to the exclusions stated in Paragraph 2.
The iiabilityroithe company under this Guarantee tO the Puaured shall not
exceed the least of
the amount of liability iatsd In 8c1ietuta A
the amount of the unpaid pdnoipai lndbtedness secured by The
mortgage of an Assured mortgagee, no Hmnfled or provided under Section 7
at these Conditions and Stipulations eras reduced i.inder Seoton loot these
Conditions and Stipulations, at the time the We or damage assured against
by this Guarantee. occurs, together with Interest thereon or
the difference between the value of Use estate or Interest covered
hereby as slated heroin and the value of the estate or Interest subject to any
defect, Inn or encumbrance assured against by this Guarantee.
9, LimItation of Liability
fftheComparsy establishes the the orrejnovoethe ettagod defect ten
or enoVm.brance, or cures any other matter assured against by this Guarantee
In a reasonably diligent manner by any method, Including litigation and the
completion of enyappealstherethm It shall have fully performed Its cbflations
with respectta thatnsaltersnd shall not bellablefor anytoasor damage Caused thereby,
in the event of any itilgatlon by the Company or with the Company's consent, the Company shalt have no flabillly for less or damage until theme has
been a final determinatIon bye court of competent lutisdiotlon, and disposition
of all appeals therefrom, adverse to the title, as slated herein,
(o) line Company shalt not ha table for lose or daman to any Assumed for
liabIlity voluntadly assumed by the Assured In settling any oialni or suit without
the pdorwifttnn consent of Ihe Company.
10. ReductIon of LIability or levmlnntlon otLlebtiuty All payments under
this Guarantee, except payments made for costs, aitomeyU' foes and axoonsos pursuant to Paragraph 6 shall reduce the amount of liability pro (ama,
It. Paymentaf Loss
No payment shall be made without producing He Guarantee for endorsenientoi the payment unless the Guarentea has been lost otdeIrayad,
in which case proof of toss or destruotion shall be furnished to the satisfaction of The Company.
When liability and the extent 01 toes or darnne has been definitely axed In accordance wlth these rtondtf Ions and Stipulalions, the loss or damage
shall be payable withIn thIrty (30) days thereafter.
12, Subrogation Upon Paymsnt or Settlement . Whenever the Company shall have settled and paid a claim under this Guarantee, All right of subrogation shall vast In the Company unaffected by any act of the Assured claimant.
The Company shalt be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property In respect to the claIm had tills Guarantee not boon Iscuod, If requested by the Company, the Assured shall transfer to the Company at righto 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
transection or litigation involving these rights or remedIes.
U a payment on account of cam does not fully covet the lose of the Assured the Company shalt ho eubrogated to all rights and remedies of the
Assured afierTheAssuredshall have recovered ifs pdnolpal, Interest, and coals
of collection.
13. Arbitration - Unless prohibited by applicable law, either the Company or the Assured may detnandarbltratfon pursuant to The TIde Insurance ArbItration
Rules of the American Arbitration Association, AshltrbIe mailers may include, -ml are not limited to, any controversy or claim between tine Company and the
"ssureOrtalngoutot or relating to this Guarantee, any seMsootthe Company
in connection will its issuance or the breach of a Guarantee provision or other
sbflgatlon, All arbitrable matters when the Amount of Liability is $1,0W,000 or
ass shall be arbitrated at the option of eIther the Company or the Assured. All arbitrable matters when the amount of liability loin excess of $1,0M,000 shall be arbitrated amiTy wh en agreed to by both the Company and the Assured. The Rules in effoat at Data of Guarantee shall be binding upon the parties, The
award may Include attorneys' fees only if the laws of the stale in whIch the land is located permits a court to award attorneys' tees to a prevailing party. Judgment upon the award rendered by (he Arbitrator(s) maybe entered In any
court having juiladiction tisoseof.
The law of the aflus of the land shall apply to an arbitration under the Title Insurance Arbitration Rubs, A copy of the Rules may be obtained from the
Company upon request.
.14. Liability Limited to This Ouaran1sG Guarantee n1Ire Contract
This Guarantee togetherwlthall endorsGments, II any, attached hereto
by lie Company le the entire Guarantee and contract between the Assured and
hs Company. in interpreting any provisIon of this Guarantee, this Guaranies wall be construed as a whole.
Any claIm or ices or damage, whether or not based on negligence,
o: any action asserting such claim, shall be restricted to this Guarantee.
(o) No amendment of or endorsement to this Guarantee can be made
except by a wilting endorsed hereon or attached hereto signed by either the
President, a VIce President the Secretary, an AssIstant Secretary, orvsildailnq
6,11oer or authorhed signatory of the Company.
15 Notices, Whore Sent- All notices required to be given the Company and
any statement in writing required to he furnished the Company shall include
the number of this Guarantee and shall be addressed to the Company at P.O. Ecx 2029, Houston, TX l?-202.
GUARANTEE CONDITIONS AND STIPULATIONS
Definition of terms The following (arnie when used In the Guarantee
mean:
(a) Is Assured"; the party or parties named as the Assured in this
Guarantee, or on a supplemental writing exeuled by the Company,
(h) land"; Uie land desoribad or referred to in Schedule (A)(0) or In Part
and improvements affixed thereto which by law consifute real proporiy, The
term land" does not hiclude any pnperty beyond the lines of the area denctibed
or ref erred tu in Schedule (A)(C) *r in Pwt2, nor any right, title, Interest, estate or
easement In abutting streets, rocls, avenues, alleys lanes, ways or waterways,
(e) rnortgege" mortgage, deed of trust, trust deed, or other security
Instrument.
() puhVo revorda": reoora.oatehllehed under slate atolutne at Date of
Guarantee for the purpose of knpauifog constructive notice of matters rotating
to real property to purthaoars for value and without knowledge
(e) 'date": the effective date,
. ExclusIons tram Qoveregs of thie Guarantee 4h0 Company assumes
no liability tot baa or damage by reason of the foIlowlng
(a) Taxes or aeeesernente whkh are not uhown au eloting lions by the
records of any taxing authority that levies taxes or assessments on real property
or by the put110 records,
) (I) l,Jnpatented mining daime; (2) reservations or exceptions in patents
or In Acts authorizing the issuance thereof; (81 water rights, ctsns or title to
water; whether or not the matters excluded by (I), () or (3) are shown by the
pubilo records.
(C) Assurances to title to any property beyond tile lines of the land
expressly described In the description set forthin 8heduie (A)(C) or in Part 2 of
this Guarantee, or He to streets, roads, avenues, lanes, ways or waterways on
whkh such land abuts, or [he right tcmaintain (heroin vaults, tusnole, rsmpaor
any other structure or improvement; or any rights or easements therein unless
such property, rights or easements are expressly and specifically eel forth in
said description,
(d) (1) Defects, lions onaunibrancee or adverse dairiw against Ole title,
aesurarwes are provided as to such title, and as limited by oush assurances.
(2) Del acts, Iles, encumbrances, terse claims or other maiters (a)
whether or not shown by his public records, and which are oroated, suffered,
assumed oragroed to by one or more cUbe Assure(is; (b) which result in no lose
to the Assured; or (o) v,liioh do not result in the invalidity or potential invalidity
of any Judicial or non-Judicial proceeding which Is within the scope and purpose
of assurances provided,
a Notice of Claim to be Given by Assured Claimant An Assured shall
notify the Company Promptly In writing in case knowledge shall come to an
Assured hereunder of any claim of title or lnterostwhlch is advereeto the title to
the estate or interest, as slated herein, and which might cause ices or damage
for which the Company may be liable by virtue of this Guarantee. if prompt
notice shall not be given to the Company, then all liability oi the Company
shall terminate with regard to the matter or iflattSra for which prompt notIce Is
required; provided, however, that tailors to notify the Company shall in no case
prejudice the rights of any Assured tinder this Scarantee unless the Company
shell be prejudiced by the failure and then only to the extent of the prejudice,
4, No Duty to Defend or Proseoute 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.
5 Company's Option to Defend or Prosecute Actions; Duty of Assured
Claimant to Cooperate Even though the Company has no duly to dcfersi or
Prosecute as set forth in Paragraph 4 above;
(a) The Company shall have the right, at lIe sole option and cost, to
Inslilute and prosecute any action or proceoding, interpose a defense, as limited
In (b), or to do any other act which in its opinion may be necessary or desirable
to establish the this to the estate or Interest as elated heroin, or to establish
the lien rights of the Assured, or to prevent or reduce loss or damage to lire
Assured, The Company may take any appropriate soifon under the terms of
this livarcntse, whether or not it shall be tobis hereunder, and shall not thereby
concede liability or waive any provision of this 13tiasaries, If The Company shall
exercise Its rights under this paragraph, It shall do so diligently,
if the Company elects 110 exercise its options as stated In Paragraph
8(a) the Company shalt have the right to select counsel of its choice (subject
to the right of such Assured to object tar reasonable cause) to represent the
Assured and shall not be liable for and will not pay the less of any other counsel,
nor will the Company pay any fees, coats or expanses incurred by an Assured
In the defense of those causes of action which allege matters not covered by
this Guarantee,
Whenever the Company shall have brought an action or Interposed
a defense as permitted by the provIsions of this Guarantee, (ho Company may
pursue any litigation to final determination by a court of competent jumiadloilon
and eresslyreservesIho tight, In Its soledisorelion, to appeal from an adverse
judgment or order,
hall cases where this Guarantee pemiifc the Company to prosecute
orprovkie for the defense of any action or proceeding, an Assured shall secure
to the Oc1rany The tight to so prosecute or provide lot the defense 01 any action
or proceeding, and all appeals therein, and permit the Company to use, at Its
option, the name of such Assured for this purpose. Whenever requested by
the Company, an Assured, atthe Company's expense, 8fl511 give the Company
all reasonable aid In any atlon or proceeding, securing evidence, obtaining
witnesses, prosecuting or defending the action or lawful out which in the opinion
oflhe Coniparry maybe neoaaswy or desirable to esialAtiui the dliv to rho estate
or Interest as stated herein, or to establish the lion rights of the Assured, It the
Company is prejudiced by the failure of the Assured to furnish the required
cooperation, the Company's obtigatlons to the Assured under the Guarantee
shall temilnate,
6, Proof of Loss or Damage, In addition to and after the notIceia required
under Section 3t these Conditions and Stipulations have been provided to
the Company, a proof of loss or damage signed and sworn to by the Assured
shall he furnished to the Company within ninety (DO) days alto: the Mw.sred
shall ecoertain the foote giving rise to the lose or damage. The proof of lose or
damage shall describe the matters, covered by this Guatentee which constitute
the basis of loss or damage and shall state, to (he extant possible, the treats of calculating time amount of M61083 or damage. If the Company in prejudiced by
the falhre of the Assured to provide the required proof of toss or damage, the
Company's oblIgation to such Assured under the Guarantee shalt tonnlnata,
In addition, the Assured may reasonably be required to submit to examination
under oath by an authorized representative 01 the Company and ehll produce
for examination, inspection anti copying, at such reasonable threes and pieces
es may be designated by any authorized roprosentahive of the Company, all
records, books, ledgers, checks, correspondence and memoranda, whether
bearing a data before or after Date of Guarantee, which reasonably pertain to
lie We or damage, Further, If requested by any authorized representative of the
Company, the Assured shall grant its permissIon, in writing, for any authorIzed representative oldie 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 lose or damage. All Information
designated as confidential by the Assured provided to the Coimparmy pui'euantto
this Section shall not bedlsoioaad to others unless, tniiie reasonable judgment
of the Company, It Is necessary In the atimnlniatration of the claim, allure of
the Aserue(l to submit for examination under oath, produce other reasonably
requested Informnatiomr or grant permission to secure reasonably necessary
Information from third patties as required In tits above paragraph, unless
prohibited by law or governmental regulalicrt shall terminate anyliobhiltyof the Company under this Guarantee to the Assured for that claim.
1. Options to Pay or Otherwise Settle Claims: Termination o Llabihity
In case eta ctatrn under this Guarantee, the Company shall have the following
additional Options:
(a) To Fey orTeritior Payment of the Amouni of Liability of to Purchase
the Indebtedness,
The Company shall have tUe Option to pay or settle or compromise
S ..
Cuarntic (OLTA Form) key. 6/6192
GUARANTEE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANN2XD AND MADE A PART
OF THIS GUARANTRE, AND SUBJECT TO THL FURTHER EXCLUSION AND LIMITATION THAT NO
GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH REPEOTTO THE IDENTITY OF ANY PARTY
NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT
OR PRIORITY OF ANY MATTER SHOWN THEREIN,
STEWART TITLE GUARANTY COMPANY
a corporation, herein called the Company,
ARANTES
the Assured iiarned InSchduIe A agaInst actua1mneiary Ioa or dairae noll exceeding the lIabIlIty artount
stated In Schedule A WhIob the Assured ftll sustain by reaon & any Inoorrerflnoss In the assuracss set
forth In Schedule A.
Dated: 1111 11201e :
0oJtoThigned
Istewart.
title guaranty company
Ithortod Stgnaturo
'TU.
Matt Morris
lrea1d6n1 cud CEu
,ig.JD vu "M VVJII8liy
company
On, CA tie Mao
Cty, Stoic Sec"ebri
G-2222-000082568
iaana nOte cnje(Uiiy the a6iy eacivalona end Iluitaflona and the npoclflo ausurancea c1foded by Ihia 66aran1ee. It you wiah IdIthoWleNOtyor cturancec dierowin coniatae norcJfl1 ptoe$a contool the company icr Iurlhw intormalon as to the ava]Izbiiny nd coat,
Guarantee (Ci..AEomi) Rev. 6l92 A0actt i0 004 Pita unibar 14IA7C177.32
OWNER'S DECLARATION
Escrow No.: 00082016-987-OC 1-SG4
Property Address: 1901 Wright Place
Carlsbad, CA
The undersigned hereby declares as follows:
1. (Fill in the applicable paragraph and strike the other)
Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at 1901
Wright Place, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No.
for full legal description (the "Land").
Declarant is the of
("Owner'), which is the owner or lessee, as the case may be, of certain premises located at 1901
Wright Place, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No.
for full legal description (the "Land").
2. (Fill in the applicable paragraph and strike the other)
During the period of six months immediately preceding the date of this declaration no work has been
done, no surveys or architectural or engineering plans have been prepared, and no materials have
been furnished in connection with the erection, equipment, repair, protection or removal of any building
or other structure on the Land or in connection with the improvement of the Land in any manner
whatsoever.
During the period of six months immediately preceding the date of this declaration certain work has
been done and materials furnished in connection with upon the Land
in the approximate total sum of $_, but no work whatever remains to be done and no
materials remain to be furnished to complete the construction in full compliance with the plans and
specifications, nor are there any unpaid bills incurred for labor and materials used in making such
improvements or repairs upon the Land, or for the services of architects, surveyors or engineers,
except as follows: Owner, by the undersigned
Declarant, agrees to and does hereby indemnify and hold harmless Chicago Title Company against
any and all claims arising therefrom.
3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general
partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting
the title to the Land.
4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied
mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special
assessments, periodic assessments or any assessment from any source, claims of lien, special assessments,
or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public
records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced
Preliminary Report/Commitment.
5. The Land is currently in use as ; occupy/occupies the
Land; and the following are all of the leases or other occupancy rights affecting the Land:
6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded
easements, claims of easement, or boundary disputes that affect the Land.
7. There are no outstanding options to purchase or rights of first refusal affecting the Land.
8. Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date
of recording of the Insured Instrument(s), Owner has not taken or allowed, and will not take or allow, any action
or inaction to encumber or otherwise affect title to the Land.
This declaration is made with the intention that Chicago Title Company (the "Company") and its policy issuing agents will rely
upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the
Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue
statement made herein.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on at
Signature:
Owner's Declaration . Printed: 3/24/2017 3:27 AM by HM
MISCO220 (DSI Rev. 10/17/17) Page 11 Escr
E.g.
5-. utco cant! 5SflSS KA? NI! SI lIT •Wit 1AP II267-CARL3BAD TCI. NUUI-4(UNH NO.fl
Ros 13486
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
the occupancy, use, or enjoyment of the Land;
the character, dimensions, or location of any improvement erected on the Land;
the subdivision of land; or
environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c),
13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modifyor limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
created, suffered, assumed, or agreed to by the Insured Claimant;
not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
resulting in no loss or damage to the Insured Claimant;
attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16,
17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business
laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the insured
Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the
coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of
Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the
lien of the Insured Mortgage, is
a fraudulent conveyance or fraudulent transfer, or
a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
Attachment One (6-5-14) CA & NV
(PART I
(The above policy form may be issued to afford either Standard Coverage or Extended Coverage, in addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
(a) Taxes or assessments that are not shown as ecisting liens by the records of any taxing authcrity that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agenc" or by the Public Records.
Any facts, rights, interests, or claims that are not shown by the Public Records but that could be asrertaned by an inspection of the Land or that
may be asserted by persons in possession of the Land.
Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land and not shown by the Public Records.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or
title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Rec:1rd3.
Any lien or right to a lien for services, labor or material not shown by the Public Records.
PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or
damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:)
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will nct pay loss or darr:age, costs, attorneys' fees,
or expenses that arise by reason of:
I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to buildLig and zoning) restricting, regulating,
prohibiting, or relating to
the occupancy, use, or enjoyment of the Land;
the character, dimensions, or location of any improvement erected on the Land;
the subdivision of land; or
environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This EcLision 1(a) does no: modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage prcvided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Coered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
created, suffered, assumed, or agreed to by the insured Claimant;
not Known to the Company, not recorded in the Public Records at Date of Policy, but Known t-i t:e Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an :isured under this policy;
resulting in no loss or damage to the Insured Claimant;
attaching or created subsequent to Date of Policy (however, this does not modify or limit the c:..'eage proided under Covered Risk 9 and
10); or
resulting in loss or damage that would not have been sustained if the Insured Claimant had paid vaPue for the. Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that tie transaction vesting the
Title as shown in Schedule A, is
a fraudulent conveyance or fraudulent transfer; or
a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and crea:ed or attaching between Date of Policy
and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In additi-on to the above Exclusions from Coverage,
the Exceptions from Coverage in a Standard Coverage policy will also include the follDwing Exceptions fir-1.m Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
(The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition :0 the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Ccverage policy will also inclLde the following E>::ep:ions from Coverage:
(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authorir,' that levies taxes or assassments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency cr by the Public Records.
Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that
may be asserted by persons in possession of the Land.
Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Tale tat 'vDuld be disclosed by an accurate and
complete land survey of the Land and that are not shown by the Public Records.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) wa:er rights, claims or
title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
Any lien or right to a lien for services, labor or material not shown by the Public Records.
(Variable exceptions such as taxes, easements, CC&R's, etc. shown here.)
Attachment One (6-5-14) CA & NV
S .
that result in no loss to You; or
that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk II or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
. For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Our Maximum Dollar
Your Deductible Amount Limit of Liability
1.00% % of Policy Amount Shown in Schedule A or
Covered Risk 16: $2,500.00 (whichever is less) $ 10,000.00
1.00% % of Policy Amount Shown in Schedule A or
Covered Risk 18: $5,000.00 (whichever is less) $ 25,000.00
1.00% of Policy Amount Shown in Schedule A or
Covered Risk 19: $5,000.00 (whichever is less) $ 25,000.00
1.00% of Policy Amount Shown in Schedule A or
Covered Risk 21: $2,500.00 (whichever is less) 1 $ 5,000.00
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees,
or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
the occupancy, use, or enjoyment of the Land;
the character, dimensions, or location of any improvement erected on the Land;
the subdivision of land; or
environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
created, suffered, assumed, or agreed to by the Insured Claimant;
not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Ensured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant becaMe an Insured under this policy;
resulting in no loss or damage to the Insured Claimant;
attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk ii, 13
or 14); or
resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business
laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured
Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the
lien of the Insured Mortgage, is
a fraudulent conveyance or fraudulent transfer, or
a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy
and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under
Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,
the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
(Except as provided in Schedule B - Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys'
fees or expenses, that arise by reason of:
Attachment One (6-5-14) CA & NV
ATTACHMENT ONE
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting,
regulating. prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
not known to the Company, nc recorded in :he public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
resulting in no loss or damage to the insured claimant;
attaching or created subsequent .o Date of Policy; or
resulting in loss or damage whbh would not have been sustained if the insured claimant had paid value for the insured mortgage or for the
estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure
of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesdng in the insured the estate of interest insured by this policy or the transaction creating the
interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records
of such agency or by the public records.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or
which may be asserted by persons in ?ossession the :eof.
Easements, liens or encumbrances, or claims thereo!, not shown by the public records.
Discrepancies, conflicts in boundary ines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which
are not shown by the public records.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or
title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
Any lien or right to a lien for services, labor or material not shown by the public records.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
building;
zoning;
land use;
improvements on the Land;
land division; and
environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 0127.
2. The failure of Your existing structures, or any part o'them, to be constructed in accordance with applicable building codes. This Exclusion does
not limit the cove--age described in Covered Risk 14 r 15.
3. The right to take the Land by condemning it. This Eclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
Attachment One (6-5-14) CA & NV