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HomeMy WebLinkAboutCDP 03-05; LAWYER REMODEL; Coastal Development Permit (CDP)CITY OF CARLSBAD S 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) Administrative Permit - 2nd / Dwelling Unit LII Administrative Variance (FOR DEPARTMENT USE ONLY( Planned Industrial Permit Planning Commission Determination DU c3-o1 {FOR DEPARTMENT USE DNL\ - pp os-os LIII Coastal Development Permit [J Precise Development Plan Conditional Use Permit Redevelopment Permit U Condominium Permit Site Development Plan Environmental Impact Special Use Permit Genera) Plan Amendment Assessment Specific Plan - Hillside Development Permit Local Coastal Plan Amendment Tentative Parcel Map Obtain from Engineering Department Tentative Tract Map Master Plan Variance 111111 Non-Residential Planned Zone Change Development Planned Development Permit List other applications not soecified 2) ASSESSOR PARCEL NO(S).: 3) PROJECT NAME: 4) BRIEF DESCRIPTION OF PROJECT: 1- 2wi 0IUJtLb;%C4 U : 5) OWNER NAME (Print or Type) -ç( 6) APPLICANT NAME (Print or Type) Sc MAILING ADDRESS MAILING ADDRESS 7tcYi tcejxnoi 7JfJ fluitLi3ôC CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE 11% L CçL4 \)iStt I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL..ThE ABOVE INFORMATJØ74, IS TRUE AND CORRECT TO TH)-ST OF MY I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNO E C . L-D - 6"2> t4j31 %1c1 CO E THE BEST OF MY KNOWLEDGE. 1)513 SI ATRE DATE SI A RE - ATE ..I I) - 7) BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 lb 8) LOCATION OF PROJECT: C fl STREET ADDRESS ON THE SIDE OF X%cA.\jic.\4 Lcc-. (NORTH, SOUTH, EAST, WEST) (NAME OF STHEET BETWEEN I I AND _______________ Je- (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE I I 10) PROPOSED NUMBER OF LOTS 11) NUMBER OF EXISTING 12) PROPOSED NUMBER OF 7.. I RESIDENTIAL UNITS 3 RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION k94 I 14) PROPOSED IND OFFICE/ 15) PROPOSED COMM I SQUARE FOOTAGE SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED 17) PROPOSED INCREASE IN 18) PROPOSED SEWER PROJECT IN OPEN SPACE ADT USAGE IN EDU 19) GROSS SITE ACREAGE —y 20) EXISTING GENERAL 21) PROPOSED GENERAL I PLAN PLAN DESIGNATION 22) EXISTING ZONING I' jij 23) PROPOSED ZONING 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT T0fr.1TThFPR THIS PURPOSE SIGNT'ORE FOR CITY USE ONLY FEE COMPUTATION rtt NtUUIMtLJ FEB 062003 CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED DATE FEE PAID RECEIPT NO. Form 16 PAGE 2OF2 titv of CrIsbad C 41IFO9 DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Councilor any appointed Board. Commission or Committee The following mforniation MUST be disclosed at the time of application submittal. Your protect cannot be reviewed until this mformanon is completed. Please print. Note: - Person is defined as "Any individual, firm, co-partnership. joint venture, association, social club. Internal or2anzaton. corporation, estate, mist, receiver, syndicate, in this and any other county. city and counts. cii) municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 105o of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation. include the names, titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Title Title______________________________ Address ZQ-1 CCCicAJtL3 c-C Address_____________________ 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership, tenants in common, non-profit corporation. etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) person £tSSr \-g(A#cr Corp/Part CWt&C_3Title2±fltx&t!. 'Q Ij..4r Address Lfl (J-€LnLLL3 cV Address if, t-1, 1635 Faraday Avenue e Car'sbad. CA 92005.7314 e (760) 602.4500 e FAX (760) 602-8559 • www.cr.carlsbad.ca.us PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: APPLICANT NAME: Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. - - Description/Explanation: Q2Y"\o\ tO6 t- '-\kst tc4 cn4 o es'cIsvleas. i2e4.cutt b L3S S' L L0 S' £3I is wt 1 \oeo& \054 &e \J \e 'us>i 4A-e COACk deaeitVtts 2 c4 T\ 4° \OLO Project Description 10/96 Page 1 of I • . • SUPPLEMENTAL APPLICATION FORM FOR ALL COASTAL DEVELOPMENT PERMITS • APPLICATION CHECKLIST FOR SINGLE FAMILY REGULAR & MINOR COASTAL DEVELOPMENT PERMITS ,,:f,i&' 7c'p.I?T 1..2rr7rT.7T,J This supplemental application is to be filed for any development requiring a Coastal Development Permit issued by the City of Carlsbad. I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The Planning Director shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar casts per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the Planning Director). . New Residential Square Footage: square feet x $78.001sq. ft. = $ Residential Addition Square Footage: square feet x $94.00/sq. ft. = $__________________ =. Any Garage Square Footage: u i _ square feet $22.00/sq. ft. = $ '10 => Residential Conversion Square Footage: square feet x $26.00/sq. ft. = $__________________ For Non-Residential Uses, use the following figures for calculations: Retail/Store @ $38.001sq. ft.; Restaurant @ $69.00/ sq. ft.; Office @ $55.00/ sq. ft.; Manufacturing/Warehouse @ $24.00/sq. ft.: square feet x$_/sq. ft. =$______________ COST OF DEVELOPMENT ESTIMATE: $ 5C1J 00 . B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000) 2. A Regular Coastal Development Permit ($60,000 or more) C. Street address of proposed development Form 15 1/01 Page 1 of 0 Assessors Parcel Nurfiber -of proposed development - - - - E. Development Description: Briefly describe projectj c1 F. Describe the present land -uses (i.e. Vacant land, single family homes, apartments, offices, etc.)-that surround the proposed-development to the: North: S'nj€ WAs4ILY( - - G. Is project located within a 100 year flood plain? Dyes LX No PRESENT USE OF PROPERTY A. Are there existing structures on the property? Yes LI No If yes, -please -describe. Sae çth3c - - B. Will any existing structure be removed/demolished? Yes El NoJR If yes to either question, describe the extent of the demolition or removal, including-the relocation site, if applicable (also show on plans). LOT COVERAGE A. Existing and Proposed 3 L11 Building Coverage Landscaped Area Hardscape Area Unimproved Area (Left Natural) Existing Z.c)O.sq. ft. 100 sq.ft. ?7 Jt0.sq. ft. zq,oc4o_sq. ft. New Proposed q. ft. CU3 sq.ft. t14cDsq. ft. t<Cq. ft. Total Z1414'sq. ft. q. ft. 71OO sq. ft. ?scq. ft. Form 15 1/01 Page 2 of 8 L4 AJJts Llyes#___ fl Yes #___ [:]Yes 1 154 cu. yds. cu. yds. feet feet cu. yds. a . . C. Parking: Number of existing spaces Number of new spaces proposed Existing/Proposed TOTAL: Number of total spaces required Number of covered spaces Number of uncovered spaces Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? Grade Alteration: Is any grading proposed? If yes, please complete the following: 1. Amount of cut 2. Amount of fill 3. Maximum height of fill slope 4. Maximum height of cut slope 5. Amount of import or export 6. Location of borrow or disposal site Form 15 1/01 Page 3 of 8 IV. ENVIRONMENTAL REVIEW Submit Environmental Impact Assessment (EIA) Part I with Regular Coastal Development Permits; check with Planning Staff regarding Minor Coastal Development Permits andSihgle Family Regular Coastal Development Permits for any-environmental review requirements. V. GENERAL APPLICATION REQUIREMENTS (For Single Family Regular and Minor Coastal Development Permits; Regular Coastal Development Permits covered under separate handout) A. Site Plan: Four 4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Regular Coastal Development Permit prepared on a 24" x 36 sheet(s) folded to 8%" x 11". The site plan shall include the following information: 1. General - - a. Name and address of applicant, engineer and/or architect, etc. b. Location, size-and use-of all easements. C. Dimensions and locations of: access, both pedestrian and vehicular, showing service areas and points on ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. d. Distance between building and/or structures. e. Building setbacks (front, rear and sides). f. Location, height and materials of walls and fences. g. Dimensions/location of signs. h. A summary table indicating the following information (if applicable to the application): (1) Site acreage (2) Existing zone and land use (3) Proposed land use (4) Total building coverage (5) Building square footage (6) Percent landscaping (7) Number of parking spaces (8) Square footage of open/recreational space (if applicable) (9) Cubic footage of storage space (if applicable) i. Show all applicable Fire Suppression Zones as required by the City's Landscape Manual, B. Building elevations (all sides of all buildings) and floor plans: Four (4) copies for a Minor Coastal Development Permit and four (4) copies for a Single Family Regular Coastal Development Permit, prepared on 24" x 36" sheets folded to 8W. x 11" size. The building and floor plans shall include the following: 1. Location and size of storage areas (if applicable) 2. All buildings, structure, walls and/or fences, signs and exterior lights. 3. Existing and proposed construction. C. Grading and Drainage: Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. Please consult the City Planning and Engineering Department Form 15 iiOi Page 4 of 8 . . representative for a determination on any grading plan geotechnical requirements if the project is in an overlay zone. The following information shall be submitted at a minimum: Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within 100' perimeter of the boundaries of the site. Existing onsite trees; those to be removed and those to be saved. 2. Earthwork volumes; cut, fill, import and export. 3. Spot elevations at the corners of each pad. 4. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 5. Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision. Show location and approximate size of any proposed detention/retention basins. 6. Clearly show and label 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. Reduced site plan: One (1) copy of 8%" x 11". (Not required for Single Family Residence). E. Location Map: One (1) copy of 8%" x 11" (suggested scale 200" - vicinity maps on the site plan are not acceptable). F. Colored Site Plan and Elevation Plan: (Not required with the first submittal) It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. VI. REQUIRED DOCUMENTS A. Land Use Review Application Form B. Completed Coastal Development Supplemental Application Form C. Disclosure Statement D. Completed "Project Description/Explanation" Sheet E. Title Report (required for sites in Coastal Commission Appeal Area and for single family residential) Form 15 1101 Page 5of8 0 0 VII. OTHER REQUIREMENTS A. Property Owners List and Address Labels NOTE: When the application is tentatively scheduled to be heard by the decision making body, the project planner will contact the applicant and advise him to submit the radius map, two (2) sets of the property owners list and labels. The applicant shall be required to sign a statement certifying that the information provided, represents the latest equalized assessment rolls from the San Diego County Assessors Office. The project will NOT go forward until this information is received. 1. A typewritten list of the names and addresses of all -ptoperty owners within a 600' radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. - 2. Two (2) separate sets of mailing labels of -the property owners within a 600' radius of the subject property. The list must be typed in all - CAPITAL LETTERS, left justified, void of punctuation. For any address other than single family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Swiss 721, Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave. APT 3 Apt. ft3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 3. 600' Radius Map: A map to scale not less than 1"=200' showing each lot within 600' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. 4. 100' Radius Occupants/Address List and Labels (for coastal zonelCDPs only): One (1) list of the occupants/addresses located within a 100' radius of the project site; and two (2) sets of labels (as described in "A" above) of the addresses within a 100' radius. B. Fees and Deposit for Publication of Notices: See Fee Schedule for amount. VIII. SPECIFIC APPLICATION REQUIREMENTS (May apply to single family, regular and minor coastal development permits) Coastal Overlay Zones require additional information to be submitted as follows: (refer to the Municipal Code for a full description): A. Coastal Agriculture Overlay Zone Form 15 1/01 Page Oof8 . . Refer to the Carlsbad Municipal Code Section 21.202.060 for specific requirements. B. Coastal Resource Protection Overlay Zone 1. Slope analysis/mapping for 25% and greater subject to Section 21.203.040 of the Carlsbad Municipal Code. 2. Topographic and vegetation mapping/analysis subject to Subsection 21.203.040(B)(1) of the Carlsbad Municipal Code, if project is located along the first row of lots bordering Buena Vista Lagoon including the Lagoon mouth. 3. Topographic, drainage and wetland mapping subject to Subsections 21 .203.040(B)(2)(a) and (b) of the Carlsbad Municipal Code if located east of Interstate 5 in the Batiquitos Lagoon watershed. 4. Drainage study subject to Subsection 21.203.040(B)(3) of the Carlsbad Municipal Code if project is located west of existing Paseo del Norte, west of Interstate 5 or along El Camino Real immediately upstream of existing storm drains. 5. Geologic report addressing landslides and slope stability subject to Subsection 21.203.040(B)(4) of the Carlsbad Municipal Code. 6. Geologic report addressing land slides and seismic hazards subject to Subsection 21.203.040(C) and (0) of the Carlsbad Municipal Code. C. Coastal Shoreline Development Overlay Zone 1. Geotechnical report subject to 21.204.110 if project is located adjacent to an existing seabluff edge between the sea and the first public road parallel to the sea; also may be required by Planning Director if deemed necessary consistent with Section 21.204.110 of the Carlsbad Municipal Code. 2. Show all structures and decks on adjacent north and south properties to perform "stringline" test subject to Subsection 21.204.050(B) of the Carlsbad Municipal Code. 3. Unless otherwise submitted project in this zone must also be submitted with plans showing: a. Boundaries and topography b. Existing and proposed structures C. Circulation d. Drainage e. Finished topography f. Landscaping D. Coastal Resource Overlay Zone Mello I LCP Segment Erosion, sedimentation and drainage report subject to Section 21.205.060 of the Carlsbad Municipal Code if project is located in the Batiquitos Lagoon watershed. Form 15 1101 Page 7of8 IX. REQUIRED COASTAL PERMIT FINDINGS Approval of a regular or minor coastal development permit is based on the ability to make three coastal related findings. These three findings are presented below for your review and information. 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies. 2. That the development is in conformity with the public access - and public recreation policies of Chapter 3 of the Coastal Act. 3. That the development conforms with any applicable decision pertinent to this proposal and/or site as set by the Coastal - Comrniion on a previously related appeals-decision per Public-Resources Code §30604(c). Form 15 1/01 Page 8of8 Order Numbe DIV--545562 Page Number: 1 - - C-A; First American Title 411 Ivy Street San Diego, CA 92101 Jim Renzi Village Engineering 413 South Magnolia Avenue El Cajon, CA 92020-5212 Customer Reference: Title Officer: Phone: Owner: Property: Lawyer Map Scott Parks (619) 238-1776 Lawyer! Macfadden 1054-1060 A, B,C Buena Vista Way San Diego, California 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 of said Policy or Policies are set forth in Exhibit A attached. 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, detects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) s issued soieiy For the o_roose of 'aciitatir.g tne ssuance of a poicy of ttIe insurance and no liatiflity is assumed hereby. If it is desired triat iiability oe assumed prior to tfle issuance of a policy of title insurance, a Binder or Commitment should be requested. First American 77t/e Order Number: DIV--545562 Page Number: 2 Dated as or April 25, 2002 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: Eagle Owners Policy 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: Jeff P. Lawyer, a single man and Sara K. Mcfadden, a single woman as joint tenants The estate or interest in the land hereinafter described or referred to covered by this Report is: A 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 20021 2003, a ken not yet due or payable. 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. A deed of trust to secure an original indebtedness of $270,000.00 recorded April 21, 1999 as instrument no. 99-0268722 of Official Records. Dated: April 19, 1999 Trustor: Jeffery P. Lawyer, a single man and Sara K. McFaaden, a single woman Trustee: California Reconveyance Company Beneficiary: Washington Mutual Bank, FA First Arnencan Title ( Order Nurnuer- DW--545562 Page Number 3 INFORMATIONAL NOTES General and special taxes and assessments for the fiscal year 2001-2002. First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $1,590.05, PAID $159.01 $1,590.05, PAID $169.01 09000 155-160-18-00 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 CLI?. endorsement forms lCD and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, ii applicable will reference a(n) Multi Family Residence known as 1054-1060 A, B.0 Buena Vista Way, San Diego, California. 3. According to the public records, there has been no conveyance of the land within a period of twelve months prior to the date of this report, except as follows: None Short term rate applies. 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. Ct5j Amercan Title Order Num - DW--545562 Page Number: 4 LEGAL DESCRIPTION Real properly in the City of San Diego, County of San Diego, State of California, described as follows: The West 100 feet of the East 275 feet of the South one-half of Tract 4 of Laguna Mesa Tract, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1719 filed in the Office of the County Recorder of San Diego County, June 20, 1921. APN: 155-160-18-00 First Amencan Title afano',.j •W mmo *tctô sotio iI RS 316 I I I I hwy OP I > H j 12 4. Is, ±'s.c '. %- "ft I, th III 0. '0 '-4 UI 'Al -4 DI I' U 'H; UI) IJ1 no \—? - LAS FLORES RD. . .. Lz (44 Ia IS 7 s-d5a3 L '1 e I .-s L) •nhI as\it - I !I?flI I — 2 ---a •4J Jb® I 17 %. Ic. fl '4 '0, 0 2: ! 1 ra;R15•;i ts0 BUENA- I I I 1W a ul MAP I?793C11y OF CARt SBAD TCT NO 89-35 MAP 1119 - LACUNA MESA TCTS - WI NO. 'I I (UA s'ajjrIup3lsfltT MAP 'thO - SUN? SLOPE TCT - ELK 12 & POR ILK 4 - IU%KS NO fl - RENCE PURmEES oNL'rtt1O-thtIulcQ S 1/4 OF S 1/I 'MT ILl HE DATA SH tl'$'ZtELS MAY HOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES it DETAIL SCALE 11.20 REIS 5346 C Order Numucr: DIV--545562 Page Number S NO TICE I 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 If you have any questions about the effect of this new law, please contact your local First American Office for more details. NOfl'CEII As of January 1, 1991, if the transaction which is the subject of this report will be a sale, you as a party to the transaction, may have certain tax reporting and withholding obligations pursuant to the state law referred to below: In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: I. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the setter's principal residence (as defined in Section 1034 of the Internal Revenue Code) The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. The Seller May Request a Waiver by Contacting: Franchise Tax Board Withhold at Source Unit PO. Box 651 Sacramento, CA 95812-0651 (916) 845-4900 First American Title r Order Number: DIV--545562 Page Number: 6 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULES EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice 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 which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which 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. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting From a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but 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 toss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in toss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and Is based upon usury or any consumer credit protection or truth in lending law. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. First American 77t/e C Order Numti,er DIV 545562 Page Number: 7 3 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4 Discrepancies conflicts in boundary lines shortage in area encroachments or any other facts which a correct survey would disclose and which are not shown by public records. 5. lJnpaterited mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien or right to a lien for services labor or material heretofore or hereafter furnished imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) rcstrictrng or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2 Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant. (b) not ktiown to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4 Uneriforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable 'doing business" laws of the State in which the land is situated. S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS 'dhen the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extene Coverage Policy, the exclusions set forth in paragraph 4 above are useu and the following exceptions to coverage appear in the poic. SCHEDULES This policy does not insure against loss or damage by reason of the matters shown in parts one and two following, Part One Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. I Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims reservations or exceptions in patents or in Acts authorizing the issuance thereof water rights claims or title to water. 6 Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1992 WITH A..LT.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE first Amer/can 77t1e ( ( Order Number DIV--545562 Page Number: 8 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage costs attorneys fees or expenses which arise by reason of (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting regulating prohibiting or relating to (i) the occupancy, use or enjoyment of the land (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but 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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4 tjnenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 6 Invalidity or unenforceability of the lien of the insured mortgage or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. Any claim which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i)'the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination: or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set 'orth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not insure against loss or damage (and the Company will not pay costs attorneys fees or expenses) which arise by reason of 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. . Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. S. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. S. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: First American Title r Order Number: DIV--545562 Page Number: 9 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of Any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Bate of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (I) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a 3udgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph S above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys fees or expenses) which arise by reason of: Part One: Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2 Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3 Easements, claims of easement or encumbrances which are not shown by the public records. 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a ken, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use "land division • improvements on the land environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. Fi,gt American Title r Order Number: OIV--545562 Page Number: 10 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item S of Covered Title Risks. 11. EAGLE PROTECTION OWNERS POLICY CITA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 (overed Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to I)cductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land a. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. Th,s exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the nght appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. S. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraoh 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A,LTA. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. fl,t Amer/can Title 4 Order Number DIV -545562 Page Number: 11 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (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 (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. S Invalidity or unenforceability of the lien of the Insured Mortgage or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws that is based on (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. S. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7 SCHEDULES This policy does not insure against loss or damage (and the Company will not pay costs, attorneys fees or expenses) which arise by reason of: Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise NONE 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4 Discrepancies conflicts in boundary lines shortage in area encroachments or any other facts which a correct survey would disclose and which are not shown by public records. S Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: Environmental protection liens provided for by the following existing statutes, which liens will have priority Over the lien of the Insured Mortgage when they arise: NONE First Arnencan Title • The First American Corpoation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information I 'a/ut's. a copy of which can be found on our website at www.flrstam.com. Types of Information Depending upon which of our services von are utilizing, the types of nonpublic personal information that we may collect include. • Information we receive from ou on applmcauons. forms and in other communications to us. whether in writing, in person. by telephone or any other means ,. • Information about your transactions with us. our affiliated companies. or others: and • Information we receive from a consumer reporting agency Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (I) as necessary for us toprovide the product or service you have requested of us or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose. such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies. or companies involved in real estate services, such as appraisal companies. home warranty companies, and escrow companies. Furthermore, Nye may also provide all the information we collect. as described abovc. to companies that perform marketing services on our behalf. on behalf of our affiliated companies. or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 02001 The First American Corporation Al! Rights Reserved ORDER NO. 160409-M FZ SCHEDULE A PROPERTY OWNER'S NOTICE GUARANTEE Yt1tIIXIII] a:' sJvsts)V1 tii flLfl] 2. DATE OF GUARANTEE: 12-31-02 THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE: THAT, ACCORDING TO THE LAST EQUALIZED ASSESSMENT ROLL ('ASSESSMENT ROLL") IN THE OFFICE OF SAN DIEGO COUNTY ASSESSOR'S OFFICE A. THE PERSONS LISTED BELOW AS "ASSESSED OWNER" ARE SHOWN ON THE ASSESSMENT ROLL AS OWNING REAL PROPERTY WITHIN 600' FEET OF THE LAND IDENTIFIED ON THE ASSESSMENT ROLL AS ASSESSOR'S PARCEL NUMBER(S): 155-160-18 B. THE ASSESSOR'S PARCEL NUMBER (MN) AND ANY ADDRESSES SHOWN BELOW ARE AS SHOWN ON THE ASSESSMENT ROLL Form 1349 CLTA Guarantee Face Page (Reused 1211595) AMER, First American Tide Insurance Company SUBJECT TO TIlE EXCLUSIONS FROM COVERAGE, TIlE LIMITS OF LIABIUTY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, First American Tide Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. First American Title Insurance Company Is' _t9jr a51 PRESIDENT 13Y SO BY 14!4'zL AUTHORIZED SIGNATORY P