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HomeMy WebLinkAboutCDP 2022-0067; LABOUNTY RESIDENCE - 3950; Engineering Applicationityof bad APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 442-339-2750 www.carlsbadca.gov riate information. Write N/A when not applicable. Project Name: Labounty Grading Date: 10/12/23 Project Description: Grading for a single family residence Project Address: 3950 Garfield Street, Carlsbad, CA 92008 Lot No(s).: Block L; Lot 6 Map No.:_1_74_7 ________ APN(s): 206-012-06 Number of Lots: 1 Number of Acres: 0.155 Miles ofTrails:_nl_a _________ _ Owner: Judith Labounty -LB Beach Properties, LLC. Applicant: Daniel Valdez-Coffey Engineering Mailing Address: 1314 Gull Ct. Mailing Address: 9666 Businesspa~ Ave. Suite 210 Carlsbad, CA 92011 San Diego, CA 92131 Phone Number: (442)287-3372 Phone Number: (858) 831-0111 Fax Number: Fax Number: (858) 831-0179 E-mail: jlabounty@roadrunner.com E-mail: dan@coffeyengineering.com I certify that I am the legal owner and that all the above informatio he best of my o dge. Signatur Date: / ~ Signature: Date: 10/ 12/ Z!? Civil Engineer: Daniel Valdez Soils Engineer: William Hespeler Firm: Coffey Engineering Firm: Geotechnical Exploration Inc. Mailing Address: 9666 Businesspa~ Ave. Suite 210 Mailing Address: 7420 Trade Street San Diego, CA 92131 San Diego, CA 92121 Phone Number: (858) 831-0111 Phone Number: (858) 549-1604 Fax Number: (858) 831-0179 Fax Number: (858) 549-1604 E-mail: dan@coffeyengineering.com E-mail: DHespeler@gei-sd.com State Registration Number: RCE 76074 State Registration Number: GE396 Additional Comments: ___________________________________ _ IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one} [Z] 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)? $ GRADING QUANTITIES cut'-2 ___ cy fill 69 cy remedial._N_tA ___ cy import_6_7 ___ cy export'-·0_-___ cy E-23 Page 1 of 2 REV 03/23 ityof bad APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 442-339-2750 www.carlsbadca.gov Complete all aooropriate information Write N/A when not applicable. APPLICATION FOR {check all that apply) O Adjustment Plat (ADJ) O Certificate of Compliance (CE) O Dedication of Easement (PR) Type: Type: O Encroachment Permit (PR) 0 Final Map (FM) 0 Grading Plancheck (DWG) O Improvement Plancheck (DWG) O Parcel Map (PM) O Quitclaim of Easement (PR) Type: O Reversion to Acreage (RA) O Street Vacation (SlV) O Tentative Parcel Map (MS) O Certificate of Correction (CCOR) D Covenant of Easement (PR) O Substantial Conformance Exhibit (SCE) D Trails O < mile D > mile D Other I APPLICATION ACCEPTED BY E-23 Project Drawing I.D. Number Page 2 of2 rUK l,I I Y U;:,t:. ONLY Deposit /Fees Paid Comments DATE STAMP APPLICATION RECEIVED REV 03/23 BLOS1230185 APPLICATION GRADING PERMIT E-24 De1.1 ... !'0Pf .. '::H:;; ~,,.id-;. s Land Development Engineering 1635 Faraday Avenue 442-339-2750 www.carlsbadca.gov I PERMIT NUMBER: GR2023-0040 Project Name: Labounty Grading Project Number: CDP 2022-0067 Project Location: 3950 Garfield Street, Carlsbad, CA 92008 Drawing Number: DWG. No. 545-7A Assessor Parcel Number(s): 206-012-06 Project Description: Grading for a single family residence Owner: Paul Labounty -LB Beach Prooerties, LLC. Address: 1314 Gull Ct. Suite: City: Carlsbad, State: CA Zip: 92011 Phone Number: 619 849 3878 --. Email: plabountv@alliant.com I certify that I am the legal own1~·J: his{~~P,/~~an~ I authorize the grading associated with this perm7·t. / OWNER SIGNATURE: (.,.c. • , ~, DATE: {; 1 q '2 <-t Civil Engineer: Daniel Valdez -Coffey Engineering Address: 9666 Businesspark Ave, Suite: 210 City: San Diego State: CA Zip: 92131 Phone Number: 858-831-0111 Email: dan<@coffevenqineerinq.com Soils Engineer: Geotechnical Exploration, Inc. Address: 7420 Trade Street Suite: City: San Diego State: CA Zip: 92121 Phone Number: (858)549-7222 Email: DHespeler@gei-sd.com Grading Contractor: Uoyd Excavating PO BOX 1994, Fallbrook, CA 92088 State License No.: 920816 (Munsch Homes, General Contractor STATE UC #835014) City Business License No.: Address: P.O. Box 756 Suite: City: Rancho Santa Fe State: CA Zip: 92067 Grading Quantities: cut 2 cy fill 67 cy import 65 cy remedial 735 cy export -0-cy Qualified contact person trained in NPDES requirements: Daniel Valdez -Coffey Engineering Phone Number: 858-831-0111 Email: dan@coffeyengineering.com Basis of Pennit Fees: cy Total Permit Fees: $ Verified By: Balance Due: $ I hereby acknowledge that I have read the application and information provided is correct. I agree to comply with all federal, state, and city laws, ordinances, regulations and policies relating to excavation and grading including, but not limited to, the Federal Endangered Species Act of 1973 and any amendments thereto. I will also comply with OSHA Permit requirements for trenches over five feet deep and the provisions and conditions of any permit issued pursuant to this application. Applicant Name: Paul Labounty -LB Beach Properties, LLC. Address: 1314 Gull Ct Suite: City: Carlsbad, State: CA Zip: 92011 Phone Number: 619 849 3878 \ :-'\ -· ,:r J (~_, Email: olabountv®alllant.com APPLICANT'S SIGNATURE: ,1../'---V~ ~ DATE: 6 1 (~/l(f E-24 Page 1 of 1 REV 04/23 CLTA Preliminary Report Form Order Number: DIV-6930241 (Rev. 11/06) Page Number: 1 First American Title Page 1 of 11 First American Title Company 7676 Hazard Center Drive, Ste 1100 San Diego, CA 92108 California Department of Insurance License No. 151 Title Officer: Korey Mulvey Phone: (619)231-4670 Fax No.: (877)648-8386 E-Mail: titleunit4@firstam.com E-Mail Loan Documents to: Lenders please contact the Escrow Officer for email address for sending loan documents. Owner: LB Beach Properties LLC Property: 3940 Garfield Street Carlsbad, CA 92008 PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. Please be advised that any provision contained in this document, or in a document that is attached, linked or referenced in this document, that under applicable law illegally discriminates against a class of individuals based upon personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or any other legally protected class, is illegal and unenforceable by law. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Order Number: DIV-6930241 Page Number: 2 First American Title Page 2 of 11 Dated as of November 23, 2022 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA/CLTA Homeowner's (EAGLE) Policy of Title Insurance and ALTA Ext Loan Policy if the land described is an improved residential lot or condominium unit on which there is located a one-to-four family residence; or ALTA Standard Owner's Policy (with Western Regional Exceptions) and the ALTA Loan Policy if the land described is an unimproved residential lot or condominium unit. A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Paul E. La Bounty and Judith A. La Bounty, Trustees of The Paul and Judith La Bounty Family Trust Dated July 30, 2002, Subject to Exception No. 4 The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 2. THE RECITAL CONTAINED ON THE MAP OF SAID LAND WHICH AGREES TO ALLOW THE CROSSARMS OF POLES OR SIMILAR STRUCTURES PLACED ALONG THE RIGHT OF WAY OF CERTAIN HIGHWAYS TO HANG OVER THE ABUTTING LAND. 3. An easement for RIGHTS OF WAY FOR TELEPHONE AND/OR ELECTRIC POLES AND LINES,AND FOR SEWER, WATER AND/OR GAS MAINS AND PIPE LINES, IN UNDER,OVER AND ACROSS SAID PROPERTY, TOGETHER WITH THE RIGHT TO ENTER ON SAID PROPERTY FOR PURPOSES OF CONSTRUCTION, RECONSTRUCTION, REPAIRING AND/OR ALTERING ANY OF THE SAME and incidental purposes in the document recorded DECEMBER 24, 1937 as BOOK 729, PAGE 313 of Official Records. The location of the easement cannot be determined from record information. 4. The effect of a deed dated JULY 12, 2018, executed by PAUL E. LA BOUNTY AND JUDITH A. LA BOUNTY, TRUSTEES OF THE PAUL AND JUDITH LA BOUNTY FAMILY TRUST DATED JULY 30, 2002, Order Number: DIV-6930241 Page Number: 3 First American Title Page 3 of 11 as Grantor, to LB BEACH PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, as Grantee, recorded JULY 17, 2018, as INSTRUMENT NO. 18-290449 of Official Records. The Company must obtain and review the following documents before considering vesting title in the named Grantee: A. An Uninsured Deed Declaration executed by the Grantor and notarized by a notary approved by the Company B. A confidential Statement of Information, completed by the Grantor Once the Uninsured Deed Declaration and Statement of Information are received and reviewed, the Company may have additional requirements. 5. WE FIND NO OPEN DEED OF TRUST. THE COMPANY WILL REQUIRE SATISFACTORY PROOF, PRIOR TO INSURING THE CONTEMPLATED TRANSACTION, THAT THE SUBJECT PROPERTY IS FREE FROM ANY ENCUMBRANCES. PLEASE PROVIDE THE FOLLOWING: A. AN AFFIDAVIT (Click Here), EXECUTED BY ALL THE SELLERS/BORROWERS STATING THAT THE PROPERTY IS FREE AND CLEAR, AND NOTARIZED IN FRONT OF A FIRST AMERICAN APPROVED NOTARY; B. THE OWNER STATEMENT FROM THE ESCROW INSTRUCTIONS; AND C. A WRITTEN STATEMENT FROM ESCROW CONFIRMING WHO THE PROCEEDS WILL BE DISBURSED TO. 6. Rights of parties in possession. 7. Water rights, claims or title to water, whether or not shown by the Public Records. 8. The new lender, if any, for this transaction may be a Non-Institutional Lender. If so, the Company will require the Deed of Trust to be signed before a First American approved notary. 9. This transaction may be subject to a Geographic Targeting Order ("GTO") issued pursuant to the Bank Secrecy Act. Information necessary to comply with the GTO must be provided prior to the closing. This transaction will not be insured until this information is submitted, reviewed and found to be complete. Prior to the issuance of any policy of title insurance, the Company will require: 10. With respect to the trust referred to in the vesting: a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 11. With respect to LB BEACH PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY: a. A copy of its operating agreement or similar document and any amendments thereto; Order Number: DIV-6930241 Page Number: 4 First American Title Page 4 of 11 b. A official copy of its articles of organization or similar incorporation document and any corrections, amendments or restatements thereto; c. Evidence that the limited liability company is properly formed and is in good standing in the state of its domicile; d. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. Order Number: DIV-6930241 Page Number: 5 First American Title Page 5 of 11 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. General and special taxes and assessments for the fiscal year 2021-2022. First Installment: $11,539.38, PAID Penalty: $0.00 Second Installment: $11,539.38, PAID Penalty: $0.00 Tax Rate Area: 09000 A. P. No.: 206-012-06-00 2. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Multifamily known as 3940 GARFIELD STREET, CARLSBAD, CA. 3. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows: None NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the Public Records on or after February 8, 2011, encumbers the Title except as follows: None The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Order Number: DIV-6930241 Page Number: 6 First American Title Page 6 of 11 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 6, BLOCK "L", AS SHOWN ON THAT CERTAIN MAP ENTITLED PALISADES, WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO 1747, FILED ON FEBRUARY 5, 1923. APN: 206-012-06-00 Order Number: DIV-6930241 Page Number: 7 First American Title Page 7 of 11 Order Number: DIV-6930241 Page Number: 8 First American Title Page 8 of 11 NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. Order Number: DIV-6930241 Page Number: 9 First American Title Page 9 of 11 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE [(07-01-2021) v. 01.00] EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy and We 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) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, or regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27. 2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by You; b. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; c. resulting in no loss or damage to You; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy. 4. Lack of a right: a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land. Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21. 5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transfer of the Title to You is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 30. 7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance. 9. Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 27. 10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. 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: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount Shown in Schedule A or $2,500 $10,000 (whichever is less) Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less) Covered Risk 19: 1% of Policy Amount Shown on Schedule A or $5,000 $25,000 (whichever is less) Covered Risk 21: 1% of Policy Amount Shown on Schedule A or $2,500 $5,000 (whichever is less) Order Number: DIV-6930241 Page Number: 10 First American Title Page 10 of 11 ALTA OWNER'S POLICY [(07-01-2021) V. 01.00] CLTA STANDARD COVERAGE OWNER'S POLICY [(02-04-22) V. 01.00] EXCLUSIONS FROM COVERAGE The following matters are 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) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. NOTE: The 2021 ALTA Owner’s Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7. The 2021 CLTA Standard Coverage Owner’s Policy will include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7. EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, Order Number: DIV-6930241 Page Number: 11 First American Title Page 11 of 11 uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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 (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. NOTE: The 2006 ALTA Owner’s Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of: The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.