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Home My WebLink AboutCT 14-09; UPTOWN BRESSI RANCH; Engineering Application«1~ ~ CITY OF CARLSBAD C APPLICATION ENGINEERING PLAN CHECK E-23 Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Complete all aDDropriate information. Write N/A when not aDDlicable. Project Name: Uptown Bressi Date: January 1 0, 2018 Project Description: Precise grading plans for residential site. Project Address: Southwest corner of Palomar Airport Road El El Fuerte Street Lot No{s).: 30 Map No.: 14960 APN{s): 213-262-06, -07, -08 & -09 Number of Lots: 1 Number of Acres: 7.6 Miles of Trails: 0 Owner: Shea Homes Limited Partnership Applicant: Sarah Morrell Mailing Address: 9990 Mesa Rim Road Mailing Address: 9990 Mesa Rim Road San Dieao, CA 92121 San Diego, CA 92121 Phone Number: {858) 526-6500 Phone Number: (858) 526-6500 Fax Number: Fax Number: E-mail: sarah.morrell@sheahomes.com E-mail: sarah.morrell@sheahomes.com I certify that I am the legal owner and that all the above information is true and correct to the best of my knowledge. Signature: ,,~ /7,z ....-1A.,__i2< Signature: ,,~,/J✓z ./2,--V...ac Date: 01/16/2018 Date: 01/16/2018 Civil Engineer: John D. Goddard, Jr. Soils Engineer: Trevor Myers Firm: Rick Enaineerina Company Firm: Geocon, Inc. Mailing Address: 5620 Friars Road Mailing Address: 6960 Flanders Drive San Dieao, CA 9211 o San Diego, CA 92121 Phone Number: (619) 291-0707 Phone Number: (858) 558-6900 Fax Number: (619) 291-4165 Fax Number: {858} 558-6159 E-mail: iaoddard@rickenaineerina.com E-mail: myres@aeoconinc.com State Registration Number: 33037 State Registration Number: 63773 Additional Comments: IMPROVEMENT VALUATION 1. What water district is the proposed project located in? {check one) [ZJ Carlsbad Municipal Water District El Olivenhain El Vallecitos 2. 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 improvements {if applicable)? $ GRADING QUANTITIES cut 2,700 cy fill 2,700 cy remedial 0 cy import 0 cy export 0 cy E-23 Page 1 of 2 REV 7/7/09 .------------,/'· -«~~" ~ CITY OF CARLSBAD APPLICATION ENGINEERING PLAN CHECK E-23 Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov om . C 1plete all appropriate information Write N/A when not aDDlicable. APPLICATION FOR {check all that apply) D Adjustment Plat {ADJ) D Certificate of Compliance {CE) D Dedication of Easement {PR) Type: Type: D Encroachment Permit {PR) 0 Final Map {FM) 0 Grading Plancheck {DWG) 0 Improvement Plancheck {DWG) D Parcel Map {PM) D Quitclaim of Easement {PR) Type: D Reversion to Acreage {RA) D Street Vacation {STV) D Tentative Parcel Map {MS) D Certificate of Correction {CCOR) D Covenant of Easement {PR) D Substantial Conformance Exhibit (SCE) 0 Trails D < mile D > mile D Other ll APPLICATION ACCEPTED BY: E-23 Project Drawing 1.0. Number Page 2 of2 FOR CITY USE ONLY Deposit /Fees Paid II Comments DATE STAMP APPLICATION RECEIVED JAN 18 2013 D Dr ' I , •• L r·, . ., ' • ,·-~. '-r LAN ) t::. \j t_:.:. -,_) I • i ,, , __ ; ·,, I rt..101· :.· --· ;• 1• REV 717/09 (Cityof Carlsbad APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Complete all appro riate information. Write NIA when not a licable. Project Name: Uptown Bressi Date: January 7, 2019 Project Description: Plats and legal descriptions for fire hydrants added with Construction Change 3 to Dwg. No. 502-8. Project Address: Northwest corner of Gateway Road and Colt Place intersection. Lot No(s).: 1 Map No.:_1_6_25_3 ____ _ Number of Lots: Number of Acres: 7-6 Owner: Shea Homes Limited Partnership Applicant: Mailing Address: 9990 Mesa Rim Road Mailing Address: San Diego, California 92121 Phone Number: (858) 526-6500 Phone Number: Fax Number: Fax Number: APN(s): 213-262-18 Miles of Trails: N/A Sarah Morrell 9990 Mesa Rim Road San Diego, California 92121 (858) 526-6500 E-mail: sarah.morrell@sheaproperties.com E-mail: sarah.morrell@sheaproperties.com legal owner and that all the above d correc the best of my knowledge. 1/1/28 Firm: Rick Engineering Company Firm: Geocon, Inc. Mailing Address: 5620 Friars Road Mailing Address: 6960 Flanders Drive San Diego, California 92110 San Diego, California 92121 Phone Number: (619) 291-0707 Phone Number: (858) 558-6900 Fax Number: (619) 291-4165 Fax Number: (858) 558-6159 E-mail: jgoddard@rickengineering.com E-mail: myers.geoconinc.com State Registration Number: 33037 State Registration Number: 63773 Additional Comments: __________________________________ _ cut IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) Iii Carlsbad Municipal Water District D Olivenhain D Vallecitos 2. 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 improvements (if applicable)? $ NtA GRADING QUANTITIES 0 cy fill 0 cy remedial 0 cy import 0 cy export 0 cy E-23 Page 1 of 2 REV 07/14 ( City of Carlsbad APPLICATION FOR (check all that apply) D Adjustment Plat (ADJ) Type: ______ _ D Encroachment Permit (PR) ---------- 0 Final Map (FM) 0 Grading Plancheck (DWG) D Improvement Plancheck (DWG) ----------~--------- □ Parcel Map (PM) D Quitclaim of Easement (PR) Type: ______ _ D Reversion to Acreage (RA) APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www. ca rlsbadca .gov ro riate information. Write N/A when not a licable. FOR CITY USE ONLY ProJect Drawing Oepi;)ij1t /Fees 1.0. Number • Paid >--------------+------- □ Street Vacation (STV) D Tentative Parcel Map (MS) D Certificate of Correction (CCOR) D Covenant of Easement (PR) TI-Substantial Conformance Exhibit SCE D Trails D < mile D > mile D Other APPLICATION ACCEPTED BY: E-23 Page 2 of2 um - JAN O 9 2019 ND DEVELOP, ENGINEERlf\l . • .. REV 07/14 CCityof Carlsbad APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Complete all aooropriate information Write N/A when not annlicable Project Name: Uptown Bressi Date: March 29, 2017 Project Description: On-site grading and storm drain plans for a 17.7-acre commercial and residential project. Project Address: Southwest corner of the Palomar Airport Road & El Fuerte Street intersection. Lot No(s).: 29 through 32 Map No.: 14960 APN(s): 213-262--06, -07, -08 & -09 Number of Lots: 4 Number of Acres: 17.7 Miles of Trails: O Owner: r -K rr:. c.c. -, I J -_.. '\ 1..1....(!_ Applicant: Kevin McCook Mailing Address: ~~~~ s..~1.o, Mailing Address: 9990 Mesa Rim Road ~:,• tJ. , .. , .. c,... ~,.,s:t-San Diego, CA 92121 Phone Number: 8~ -~~. ,, ,.-y-Phone Number: (858) 526-6500 Fax Number: Fax Number: E-mail: ~Al, ~ ..... .__k-r1""'""11C,1 , -.::::-mail: kevin.m9cook@sheaproperties.com I certify that I am the legal owner and that all the above V information is tru~ ~-correct to the best of my knowledge. Date:"< • "'k.. Signature: ...--:11111 =---Date: S '~ • A--Signature: ·~ Civil Engineer: V John D. Goddard, Jr. Soils Engin~ Trevor Myers Firm: Rick Engineering Company Firm: Geocon, Inc. Mailing Address: 5620 Friars Road Mailing Address: 6960 Flanders Drive San Diego, CA 92110 San Diego, CA 92121 Phone Number: (619) 291-0707 Phone Number: (858) 558-6900 Fax Number: (619) 291-4165 Fax Number: (858) 558-6159 E-mail: jgoddard@rickengineering.com E-mail: myers@geoconinc.com State Registration Number: 33037 State Registration Number: 63773 Additional Comments: IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) [ii Carlsbad Municipal Water District D Olivenhain D Vallecitos 2. 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 improvements (if applicable)? $ N/A GRADING QUANTITIES cut~ cy fill~ cy remedial o cy import 4,48G cy export O cy E-23 Page 1 of 2 REV 07/14 Ccityof c:arlsbad APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Complete all aaarooriate information Write N/A when not aoolicable APPLICATION FOR (check all that apply) D Adjustment Plat (ADJ) D Certificate of Compliance (CE) D Dedication of Easement (PR) Type: Type: D Encroachment Permit (PR) □ Final Map (FM) [j Grading Plancheck (DWG) D Improvement Plancheck (DWG) D Parcel Map (PM) D Quitclaim of Easement (PR) Type: D Reversion to Acreage (RA) D Street Vacation (STV) D Tentative Parcel Map (MS) D Certificate of Correction (CCOR) D Covenant of Easement (PR) D Substantial Conformance Exhibit (SCE) D Trails D < mile D > mile D Other II APPLICATION ACCEPTED BY: E-23 Project Drawing I.D. Number C.T IY-0'1 fol-f,4 Page 2 of 2 FOR CITY USE ONLY Deposit /Fees Comments Paid &R1011-oo 8 DATE STAMP 11 REC'l!IVED APR O 5 2017 LAND DEVr-LOPMENT ENG Ii"! EE RING REV 07/14 ~ ¥ CITY OF CARLSBAD APPLICATION ENGINEERING PLANCHECK E-23 Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Complete all appropriate information. Write N/A when not applicable. Project Name: Uptown Bressi Date: May 9, 2017 Project Description: Precise grading plans for commercial site; public improvement plans for on-site public sewer and water and frontage street improvements; and final subdivision map for entire project site and encroachment agreement. Project Address: Southwest corner of Palomar Airport Road El El Fuerte Street Lot No(s).: 29 through 32 Map No.: 14960 APN(s): 213-262-06, -07, -08 & -09 Number of Lots: 4 Number of Acres: 17.7 Miles of Trails: 0 Owner: Bressi Retail1 LLC Applicant: Brad Deck Mailing Address: 130 Vantis, Suite 200 Mailing Address: 9990 Mesa Rim Road Aliso Viejo, CA 92656 San Diego, CA 92121 Phone Number: (858) 526-6655 Phone Number: (858) 526-6655 Fax Number: Fax Number: E-mail: brad.deck@sheaeroeerties.com E-mail: brad.deck<@shea1:1ro1:1erties.com I certify that I am,the legal owner and that all the above Ju~ information is;~, and ~or. ect to the best of my knowledge. Signature: /A Date: Signature: Date: . V , Civil Engineer: John D. Goddard, Jr. Soils Engineer: Trevor Myers Firm: Rick Engineering Company Firm: Geocon, Inc. Mailing Address: 5620 Friars Road Mailing Address: 6960 Flanders Drive San Diego, CA 92110 San Diego, CA 92121 Phone Number: (619) 291-0707 Phone Number: (858) 558-6900 Fax Number: (619) 291-4165 Fax Number: (858) 558-6159 E-mail: jgoddard@rickengineering.com E-mail: myres@geoconinc.com State Registration Number: 33037 State Registration Number: 63773 Additional Comments: IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) [Zl Carlsbad Municipal Water District El Olivenhain El Vallecitos 2. 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 improvements (if applicable)? $ GRADING QUANTITIES cut 2,100 cy fill 2,100 cy remedial 0 cy import 0 cy export 0 cy E-23 Page 1 of 2 REV 7/7/09 ~ ~ CITY OF CARLSBAD ,-.. APPLICATION ENGINEERING PLANCHECK E-23 Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Comolete all aoorooriate information Write N/A when not aoolicable APPLICATION FOR Project (check all that apply) I.D. D Adjustment Plat (ADJ) D Certificate of Compliance (CE) D Dedication of Easement (PR) Type: Type: ~ Encroachment Permit (PR) C..1 l'l-o~ 6'J Final Map (FM) fig Grading Plancheck (DWG) fia Improvement Plancheck (DWG) D Parcel Map (PM) D Quitclaim of Easement (PR) Type: D Reversion to Acreage (RA) D Street Vacation (STV) D Tentative Parcel Map (MS) D Certificate of Correction (CCOR) D Covenant of Easement (PR) D Substantial Conformance Exhibit (SCE) D Trails D < mile D > mile D Other II APPLICATION ACCEP.TED BY: CG- E-23 Drawing Number (Yl(U)&Ql Sol-j 8 !; 6l.-8 Page 2 of 2 FOR CITY USE ONLY Deposit /Fees Comments Paid ~I\/\~ ..... ~ lf'~r"\l ""-Vl' r')\"1-CO\cr- 1 -r-,rv:-,,~ ao~l1-C tc~ f?r"), • ") ":lf""II "1 • --031 \ 11 DATE S:rf-~~ R~(siB>i ¥CED MAY 11 2017 I ~ND DEVELOPMENT ENGINEERING REV 7/7/09 I Michael Baker INTERNATIONAL PROJECT MAP REVIEW COMPLETION 5050 Avenida Encinas Suite 260 Carlsbad, CA 92008 The following project map has been reviewed and is recommended for approval: Project Name: Project No.: DWG. No.: Sheets No.: Uptown Bressi Ranch CT 14-09 MAP2017-0005 1-7of7 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 __ ~----~-------- RCE 77512 Exp. 6/30/2019 12-15-2017 Date Michael Baker INTERNATIONAL PROJECT PLAN REVIEW COMPLETION 5050 Avenida Encinas Suite 260 Carlsbad, CA 92008 The following project plans have been reviewed and are recommended for approval: Project Name: Project No.: GR. No.: DWG. No.: Sheets No.: Uptown Bressi (Construction Change) CT 14-09 2017-0018 502-8A (Rev 2) 1,4,5,7,8,11,12,13,15, and 17 OF 33 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial conformance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for project design under state and local ordinances. Signed_~~----~------ RCE 77512 Exp. 6/30/2019 05-03-2018 Date Michael Baker INTERNATIONAL PROJECT PLAN REVIEW COMPLETION 5050 Avenida Encinas Suite 260 Carlsbad, CA 92008 The following project plans have been reviewed and are recommended for approval: Project Name: Project No.: GR. No.: DWG. No.: Sheets No.: Uptown Bressi CT 14-09 2017-0029 502-8B 1-20 OF 20 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial conformance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for project design under state and local ordinances. ~~-Signed _____________ _ RCE 77512 Exp. 6/30/2019 12-15-2017 Date - Michael Baker INTERNATIONAL PROJECT PLAN REVIEW COMPLETION 5050 Avenida Encinas Suite 260 Carlsbad, CA 92008 The following project plans have been reviewed and are recommended for approval: Project Name: Project No.: GR. No.: DWG. No.: Sheets No.: Uptown Bressi (Lot 1} CT 14-09 2018-0004 502-SC 1-35 OF 35 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial conformance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for project design under state and local ordinances. Signed __ ~----~----- RCE 77512 Exp. 6/30/2019 ____ ,. "'" ·- 06-18-2018 Date Michael Baker INTERNATIONAL PROJECT PLAN REVIEW COMPLETION 5050 Avenida Encinas Suite 260 Carlsbad, CA 92008 The following project plans have been reviewed and are recommended for approval: Project Name: Project No.: GR. No.: DWG. No.: Sheets No.: Uptown Bressi (Construction Change) CT 14-09 2017-0018 502-8A (Revision 3) 1, 8, and 12 OF 33 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial conformance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for project design under state and local ordinances. Signed_'""'"~----~------ RCE 77512 Exp. 6/30/2019 07-25-2018 Date Michael Baker INTERNATIONAL PROJECT PLAN REVIEW COMPLETION 5050 Avenida Encinas Suite 260 Carlsbad, CA 92008 The following project plans have been reviewed and are recommended for approval: Project Name: Project No.: ROW. No.: DWG. No.: Sheets No.: Uptown Bressi (Lots 1 to 4) (Construction Change} CT 14-09 2017-0371 502-8 (Revision No. 1} 1, 6, and 21 OF 24 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial conformance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for project design under state and local ordinances. Signed_~=------~------ RCE 77512 Exp. 6/30/2019 08-27-2018 Date er i'I-Pi tV Michael Baker INTERNATIONAL PROJECT PLAN REVIEW COMPLETION 5050 Avenida Encinas Suite 260 Carlsbad, CA 92008 The following project plans have been reviewed and are recommended for approval: Project Name: Project No.: GR. No.: DWG. No.: Sheets No.: Uptown Bressi (Construction Change) CT 14-09 2017-0018 502-SA (Revision 4) 1,4 and 30 OF 33 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial conformance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for project design under state and local ordinances. Signed_='-~----~------ RCE 77512 Exp. 6/30/2019 11-01-2018 Date Michael Baker INTERNATIONAL PROJECT PLAN REVIEW COMPLETION 5050 Avenida Encinas Suite 260 Carlsbad, CA 92008 The following project plans have been reviewed and are recommended for approval: Project Name: Project No.: GR. No.: DWG. No.: Sheets No.: Uptown Bressi (Lots 2, 3, & 4) (Construction Change) CT 14-09 2017-0029 502-8B (Revision No. 1) 1, 3-11, and 13-22 OF 22 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial conformance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for project design under state and local ordinances. Signed_~~----~------ RCE 77512 Exp. 6/30/2019 07-16-2018 Date /L . , Michael Baker INTERNATIONAL PROJECT PLAN REVIEW COMPLETION 5050 Avenida Encinas Suite 260 Carlsbad, CA 92008 The following project plans have been reviewed and are recommended for approval: Project Name: Project No.: GR. No.: DWG. No.: Sheets No.: Uptown Bressi (Lot 1) (Construction Change) CT 14-09 2018-0004 502-8C (Revision No. 1) 1, 3, 4, 8, 9, 14, 18, 19, 24, 25, and 30 OF 35 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial conformance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for project design under state and local ordinances. Signed ___ ~-~-"---"~-- RCE 77445 Exp. 6/30/2021 --------- 3-31-2020 Date .. Form No. 14 CLTA Subdivision Guarantee (4-10-75) SUBDIVISION GUARANTEE Order Number: NCS-699562- 0NTl Page Number: 1 Fee: $250.00 Subdivision: CITY OF CARLSBAD TRACT NO. 14- 09 (UPTOWN BRESSI RANCH) First American Title Insurance Company, a Nebraska corporation GUARANTEES DEC 11 2017 The County of SAN DIEGO and any City within which said subdivision is located in a sum not exceeding $1,000.00. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map are: Bressi Retail, LLC, a California limited liability company, AS OWNER Shea Homes Limited Partnership, a California limited partnership, AS OWNER Wells Fargo Bank, National Association, as Beneficiary under Deed of Trust recorded June 16, 2017 as Document No. 2017-0271788 of Official Records. 1. THE SIGNATURES OF THE PARTIES LISTED BELOW, OWNERS OF EASEMENTS PER DOCUMENTS NOTED BELOW HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436 SUBSECTION (a)(3)(A)(i) OF THE SUBDIVISION MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY. A. SAN DIEGO GAS AND ELECTRIC COMPANY, OWNER OF EASEMENTS RECORDED NOVEMBER 7, 2003 AS FILE NO. 2003-1351662 AND RECORDED OCTOBER 15, 2004 AS FILE NO. 2004-0980688 AND RECORDED DECEMBER 2, 2004 AS FILE NO. 2004-1137332 AND RECORDED APRIL 11, 2005 AS FILE NO. 2005-0294004 AND RECORDED APRIL 11, 2005 NO. 2005-0294021, OF OFFICIAL RECORDS. B. cm OF CARLSBAD, OWNER OF EASEMENTS RECORDED NOVEMBER 18, 1986 AS FILE NO. 86- 530341, AND RECORDED DECEMBER 10, 1992 AS FILE NO. 1992-0793169 AND RECORDED MAY 5, 2009 AS FILE NO. 2009-0236990, OF OFFICIAL RECORDS. First American Title Insurance Company National Commercial Services Form No. 14 Cl TA Subdivision Guarantee ( 4· 10-75) Order Number: NCS-699562- 0NTl Page Number: 2 C. CITY OF CARLSBAD, OWNER OF EASEMENTS AND ABUTTER'S RIGHTS OF ACCESS AND RESTRICTED SIGHT DISTANCE CORRIDOR AS DEDICATED PER MAP NO. 14600. D. CITY OF CARLSBAD, OWNER OF EASEMENTS AND ABUTTER'S RIGHTS OF ACCESS AND RESTRICTED SIGHT DISTANCE CORRIDOR AS DEDICATED PER MAP NO. 14960. E. THE SIGNATURE OF COUNTY OF SAN DIEGO, OWNER OF AVIGATION EASEMENTS PER DEED RECORDED AUGUST 11, 1987 AS FILE NO. 87-452377 AND RECORDED AUGUST 20, 1987 NO. 87- 472299 OF OFFICIAL RECORDS. The map hereinbefore referred to is a subdivision of: BEING A SUBDIVISION OF LOTS 29 THROUGH 32 OF CARLSBAD TRACT CT 02-15 BRESSI RANCH, IN THE CITY OF LOTS 29 THROUGH 32 OF CARLSBAD TRACT CT 02-15 BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, 2005. ACCESS RIGHTS RELINQUISHED ALONG A PORTION OF EL FUERTE STREET AND GATEWAY ROAD DEDICATED PER CARLSBAD TRACT CT 02-15, MAP NO. 14960 HAVE NOT BEEN SHOWN WITHIN THIS MAP, AS THEY HAVE BEEN REVESTED PURSUANT TO THE PROVISIONS OF SECTION 66499.20 1/2 OF THE SUBDIVISION MAP ACT. Dated: 11/30/2017 at 7:30 A.M. First American Title Insurance Company flr-/4'L C1~,11:w; J G-1!rnviH folfto if ~ By i~~:_·~· Kim Delpolito -Commercial Mapping Title Officer First American Title Insurance Company National Commercial Services Form No. 14 CLTA Subdivision Guarantee (4·10-75) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Order Number: NCS-699562- 0NTl Page Number: 3 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (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. (c) (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. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, 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 expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDmONS AND STIPULATIONS 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 this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, 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) (C) or in Part 2, 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" : records established under state 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": the effective date. 2. 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 interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss 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 of the Company shall terminate with regard to the manner or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any 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 Defend 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 Defend or Prosecute Actions; Duty of Assured Claimant 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 (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, 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 such 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, an 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 such Assured for this purpose. Whenever requested by the Company, an 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 title to the estate or interest as stated herein, or to establish the lien rights of 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 Damage. First American Title Insurance Company National Commercial Services - Form No. 14 CLTA Subdivision Guarantee (4-10-75) Order Number: NCS-699562· ONTl Page Number: 4 In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. 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 damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section 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 information of 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 or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the ti me of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) 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 litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees 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 provided for in Paragraph (b) 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 litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability, 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 this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or 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. (b) 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, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. 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 pro tanto. 10. 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 and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever 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 claimant. The Company shall 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 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. First American Title Insurance Company National Commercial Services Form No. 14 ( - CLTA Subdivision Guarantee (4-10-75) Order Number: NCS-699562- 0NTl Page Number: 5 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. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. 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 other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 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 $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. 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 claim, 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, and Assistant Secretary, or validating officer or authorized signatory of the Company. 14. 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 2 First American Way, Bldg 2, Santa Ana, California, 92707. First American Tttle Insurance Company National Commercial Services