HomeMy WebLinkAboutCDP 2022-0062; CRUSE HOUSE REMODEL, ADU/GARAGE; Engineering Applicationof
d
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Land Development Engineering
1635 Faraday Avenue
442-339-2750
www.carlsbadca.gov
Complete all appropriate information Write N/A when not applicable.
Project Name: 3912 Garfield Street Date: 11 /2/23
Project Description: Demolish garage remodel existing single story dwelling and construct accessory dwelling unit and detached garage.
Project Address: 3912 Garfield Street
Lot No(s).: 2 Map No.: 1747 APN(s): 206-012-02
Number of Lots: 1 Number of Acres: 0.138 Miles of Trails: nta
Owner: Gary C. Cruse and Debra J. Cruse Applicant GQrv Grus~
Mailing Address: 3912 Garfield Street Mailing Address: 3912 Garfield Street
Carlsbad, CA 92008 Carlsbad, CA 92008
Phone Number: (760) 685-2675 Phone Number: (760) 685-2675
Fax Number: n/a Fax Number: n/a
E-mail: coastalcasitas@gmail.com E-mail: coastalcasitas@qmail.com
I certify that I am the legal owner and that all the above
Signature: / \ _ ~ information ~-s e and ~rect to the best of my knowle< ge.
Date:\.\ \d-7 \'2tn.;i Signature: .,.._ Date: \ \ \-.:+--7 2.-(;l-3
Civil Enginee)-J Jonald L. Holloway I '-J j John P. Franklin
I ~
Soils Engineer:
Firm: BHA Inc. Firm: GeoSoils, Inc.
Mailing Address: 5115 Avenida Encinas, Suite L Mailing Address: 57 41 Palmer Way
Carlsbad, CA 92008 Carlsbad, CA 92008
Phone Number: (760) 931-8700 Phone Number: (760) 438-3155
Fax Number: (760) 931-7780 Fax Number: (760) 931-0915
E-mail: rholloway@bhaincsd.com E-mail: jfranklin@geosoilsinc.com
State Registration Number: 29271 State Registration Number: 1340
Additional Comments:
IMPROVEMENT VALUATION
1. What water district is the proposed project located in? (check one)
0 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 53 cy fill 46 cy remedial 460 cy import cy export 7 cy
E-23 Page 1 of 2 REV 03/23
X
546-2A
546-2
---------Permit
GR2023-0043
ROW2023-0832
(City of
Carlsbad
APPLICATION FOR
(check all that apply)
D Adjustment Plat (ADJ) ------------------------------
□ Certificate of Compliance (CE) ___ _(.___________
D Dedication of Easement (PR)
------+---
Type:
Type: _______ _
APPLICATION
ENGINEERING
PLANCHECK
E-23
Project
I.D.
Drawing
Number
D Encroachment Permit (PR) ---------------------1----------+------+------_______;
0 Final Map (FM)
1--------------------+---·---------+-------+---
0 Grading Plancheck (0WG)
-~--·-------------....... ------·----------------t--------------~----------,
□ Improvement Plancheck (DWG)
D Parcel Map (PM)
--------· ---------··-·-----··· ----1-
□ Quitclaim of Easement (PR}
Type:
D Reversion to Acreage (RA)
---~--
□ Street Vacation (STV)
D Tentative Parcel Map (MS)
D Certificate of Correction (CCOR)
D Covenant of Easement (PR) 1--------------__j_ _______________ _
Development Services
Land Development Engineering
1635 Faraday Avenue
442-339-2750
www.carlsbadca.gov
omments
D Substantial Conformance
Exhibit (SCE) 1-------'------"--------------.....(...---------t--------+-----·-·----i D Trails D <.: mile D -.. mile
---
□ Other I APPLICATION ACCEPTED BY:
E-23 Page 2 of 2
DATE STAMP
APPLICATION RECEIVED
REV 03/23
LO
513 3,3990
2023-0043
APPLICATION
GRADING PERMIT
E-24
Development Services
Land Development Engineering
1635 Faraday Avenue
442-339-2750
www.carlsbadca.gov
I PERMIT NUMBER: GR
Project Name: 312 Garfield Street Project Number: GR2023-0043
Project Location: 312 Garfield Street, Carlsbad, CA 92008 Drawing Number: DWG456-2A
Assessor Parcel Number(s): 206-012-02
Project Description: Demolish garage, remodel existing story dwelling, construct accessory dwelling unit & detach garage
Owner: Gary Cruse
Address: 3912 Garfield Street Suite:
City: Carlsbad State: CA Zip: 92008
Phone Number: (760) 685 -2675 Email: coastalcasitas@gmail.com
I certify that I am the legal ow~f this propet y and I authorize the grading associated with this.,permiJ.
OWNER SIGNATURE: ..--r----..... ,,---DATE: <"2:. ~ j ~ ;> .... '\
Civil Engineer: BHA, Inc. "-J J " '
Address: 5115 Avenida Encinas Suite: L
City: Carlsbad State: CA Zip: 92008
Phone Number: (760) 931-8700 Email: brice@bhaincsd.com
Soils Engineer: Geo Soils
Address: 57 41 Palmer Way Suite:
City: Carlsbad State: CA I Zip: 92008
Phone Number: (760) 438 -3155 Email: scoover@geosoilsinc.com
Grading Contractor: OM Building, Inc. State License No.: 939850
City Business License No.:
Address: 3520 Seagate Way Suite: 130
City: Oceanside State: CA Zip: 92056
Grading Quantities: cut 53 cy fill 46 cy import cy
remedial 460 cy export 7 cy
Qualified contact person trained in NPDES requirements: Daniel Montijo
Phone Number: 760-644-0714 Email: sarah@dmbuilding.us
Basis of Permit Fees: cy Total Permit Fees: $
Verified By: Balance Due: $
I hereby acknowledge that I have read the application and information provrded 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: Gary Cruse
Address: 312 Garfield Street Suite:
City: Carlsbad """ \ State: CA Zip: 92008
Phone Number: (760) 685 -2675 I\ Email: coastalcasitas@amail.com
APPLICANT'S SIGNATURE: /~~ \I'----DATE: <L 2-I ,., ~,, _\.I -t ' '
E-24 Page 1 of 1 REV 04/23
CLTA Preliminary Report Form Order Number: DIV-6957225
(Rev. 11/06) Page Number: 1
First American Title
Page 1 of 10
UPDATED
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.
Buyer:
Owner: Gary C Cruse and Debra J Cruse
Property: 3912 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-6957225
Page Number: 2
First American Title
Page 2 of 10
Dated as of November 02, 2023 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:
Gary C. Cruse and Debra J. Cruse, husband and wife as Joint Tenants
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. General and special taxes and assessments for the fiscal year 2023-2024.
First Installment: $5,851.77, OPEN
Penalty: $0.00
Second Installment: $5,851.77, OPEN
Penalty: $0.00
Tax Rate Area: 09000
A. P. No.: 206-012-02-00
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the California Revenue and Taxation Code.
3. Any and all offers of dedications, conditions, restrictions, easements, notes and/or provisions shown
or disclosed by the filed or recorded map referred to in the legal description.
4. 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.
Order Number: DIV-6957225
Page Number: 3
First American Title
Page 3 of 10
5. A deed of trust to secure an original indebtedness of $510,400.00 recorded DECEMBER 29, 2020 as
INSTRUMENT NO. 20-843380 OF OFFICIAL RECORDS.
Dated: DECEMBER 22, 2020
Trustor: GARY C. CRUSE AND DEBRA J. CRUSE, HUSBAND AND
WIFE, AS JOINT TENANTS
Trustee: CHICAGO TITLE INSURANCE COMPANY
Beneficiary: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
LENDER: AMERICAN PACIFIC MORTGAGE CORPORATION
6. Water rights, claims or title to water, whether or not shown by the Public Records.
7. 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.
8. 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.
Order Number: DIV-6957225
Page Number: 4
First American Title
Page 4 of 10
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. 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) Single
Family Residence known as 3912 GARFIELD STREET, CARLSBAD, CA.
2. 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-6957225
Page Number: 5
First American Title
Page 5 of 10
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
LOT 2 IN BLOCK "L" OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, FEBRUARY 5, 1923
APN: 206-012-02-00
Order Number: DIV-6957225
Page Number: 6
First American Title
Page 6 of 10
Order Number: DIV-6957225
Page Number: 7
First American Title
Page 7 of 10
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-6957225
Page Number: 8
First American Title
Page 8 of 10
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-6957225
Page Number: 9
First American Title
Page 9 of 10
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-6957225
Page Number: 10
First American Title
Page 10 of 10
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.