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HomeMy WebLinkAboutCDP 07-09; SALEM RESIDENCE LOT 8; Coastal Development Permit (CDP)urOtt/ • CITY OF CARLSBAD • LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR (FOR DEPARTMENT DEPARTMENT USE ONLY) USE ONLY) 0 Administrative Permit 0 Planned Industrial Permit 0 Administrative Variance 0 Planning Commission Determination ~ Coastal Development Permit ~p O-,-()fJ 0 Precise Development Plan 0 Conditional Use Permit 0 Redevelopment Permit 0 Condominium Permit D Site Development Plan 0 Environmental Impact Assessment 0 Special Use Permit 0 General Plan Amendment 0 Specific Plan 0 Hillside Development Permit 0 +el'ltatilJe PaFGel Mal3 Ob:aln from Engmeenng Department 0 Local Coastal Program Amendment 0 Tentative Tract Map D Master Plan D Variance D Minor Conditional Use Permit 0 Zone Change 0 Non-Residential Planned Development 0 List other applications not specified 0 Planned Development Permit 2) ASSESSOR PARCEL NO(S).: 3) PROJECT NAME: p,t;Y,Jj6tM IWJtJ5 aVe ttJt)Qih9sq;, LaTdb 4) BRIEF DESCRIPTION OF PROJECT: 7ZUo <>1l2B 'f SIN(Bf,ti Pisml L,.'( fiOIl1£ w[Fli 5 e.a::>I<m '" 4hA17f~ ANI) 3 ~~~e ! 5) OWNER NAME (Print or Type) I Vf sA'tEVl MAILING ADDRESS 7) BRIEF LEGAL DESCRIPTION TELEPHONE 6) APPLICANT NAME (Print or Type) MAILING ADDRESS CITY AND STATE ZIP TELEPHONE I EMAIL ADDRESS: I I CERTIFY THAT 1 Artl THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE !NFORr,;,~ATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I SIGNATURE DATE MAe A/(). 106/5 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 14 Rev. 01107 >J )101.-L-~ 0 PAGE 1 OF5 8) LOCATION OF PROJECT: STREET AtfORESS < SIDE OF I Pt9IN5t!777A ON THE 1.-1 _:-,:,,:{i}(?~~r ____ ~~~ (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN LI ___ --=-=-::--..,...,.-::-:==-_----1 (NAME OF STREET) ANDIL ______ ~~~~~----~ (NAME OF STREETI 9) LOCAL FACILITIES MANAGEMENT ZONE ~ 10) PROPOSED NUMBER OF LOTS [1J 11) NUMBER OF EXISTING 0 12) PROPOSED NUMBER IT] RESIDENTIAL UNITS OF RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION GfAJ 14) PROPOSED IND OFFICE! D 15) PROPOSED COMM D SQUARE FOOTAGE SQUARE FOOT AGE 16) PERCENTAGE OF PROPOSED IN/A 1 17 ) PROPOSED INCREASE D18) PROPOSED SEWER D PROJECT IN OPEN SPACE IN ADT USAGE IN EDU 19) GROSS SITE ACREAGE ~20) EXISTING GENERAL 1J2JYL\21) PROPOSED GENERAL D PLAN PLAN DESIGNATION 22) EXISTING ZONING I~V'M\23) PROPOSED ZONING D24) HABITAT IMPACTS ~ IF YES, ASSIGN HMP # 25) 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 TO ENTRY FOR THIS PURPOSE, 26) PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION FILED ON THE PROPERTY TITLE IF CONDITIONED FOR THE APPLICANT. CERTAIN APPROVALS (SUCH AS A CONDITIONAL USE PERMIT) RUN WITH THE D AND BIND ANY SUCCESSORS IN INTEREST. V( ~ PROPERTY OWNER SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIRED Form 14 Rev. 01107 AP;~ 2 3 2007 CITY OF CARLSBAD DATE s~bM.~~\BAa~CEIVED RECEIVED BY: PAGE 2 OF 5 I CITY OF CARLSBAD APPLICATION REQUIREMENTS FOR: COASTAL DEVELOPMENT PERMIT (SINGLE FAMILY REGULAR AND MINOR) COASTAL DEVELOPMENT PERMIT SUPPLEMENTAL APPLICATION (FOR ALL COASTAL DEVELOPMENT PERMITS) This supplemental application is to be filed for any development requiring a Coastal Development Penn it issued by the City of Carlsbad. **Application checklist for Non-Single Fami{l' Regular Coastal Del'elopment Permits covered under separate handout A proposed project requiring that multiple applications be filed must be submitted prior to 3:30 p.m. A proposed project requiring that only one application be filed must be submitted prior to 4:00 p.m. All joint application exhibits. i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than I" = 40' .) This supplemental application is to be filed for any development requiring a Coastal Development Pennit 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 Penn it. 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 costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (lCBO) 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). Please refer to the currentfee schedule for the appropriate Sisquarefoot fee rate. New Residential Square Footage: / Ai 3'01 square feet x $ '51J. D\.?/sq. ft. = $,---"{J~?_7~;,--"",0Z27.2,-"",-,,,,,,,,--,,-._dlJ __ Residential Addition Square Footage: ______ square feet x $ ____ ,/sq. ft. = $, __________ _ Any Garage Square Footage: ______ square feet x $ ____ ,/sq. ft. = $ __________ _ Residential Conversion Square Footage: ______ square feet x $ Isq. ft. = $, __________ _ Please contact the City of Carlsbad Building Department for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and ManufacturingfWarehouse uses.) ______ square feet x $ __ /sq. ft. = $ ____________ _ COST OF DEVELOPMENT ESTIMATE: $ CpS1, cDJ1? . tn' • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Fonn 13 Revised I 1/06 Page 1 of7 B. Do you wish to 'PlY for: I. A Minor Coastal Development Permit (Under $60,000 cost estimate) 0 2. A Regular Coastal Development Permit ($60,000 or more cost estimate) ~ C. Street address of proposed development CJCtld Mis:3aM RoM CftRlf:::>8AO, CA Q20 11 D. Assessor's Parcel Number of proposed development 2/4 -Y L.{'L-()2J E. Development Description: Brietly describe project: 7fVO cazzl<:i -s{(\l6Lf EMf ~y HoME IN rTH S f2EJ)J<0t?M5 < t---/ e.dt77i~ At1JO 3 CM 6i1~ff I :1?72tL 7&c54 NOli ~<2E ::: ~ 3 B ( ~. P1=. F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the propuseu uevelupment tu the: North: S(N0t£. FAtnILT Ht2M£ South: ~ """y c; East: £ <;.. ,. West: ;'",., r;. .-:... G. Is project located within a 100-year flood plain? D No II. PRESENT USE OF PROPERTY III. A. B. Are there existing structures on the property? If yes, please describe. Will any existing structure be removed/demolished? DYes DYes LlJ No ~ No 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 Existing New Proposed Total Building Coverage sq. ft. Z/2f?Ct sq. ft. 2,38'" sq. ft. Landscaped Area sq. ft. 5. al2-• sq. ft. 5./D(2-sq. ft. Hardscape Area sq. ft. (/~ Lf&sq. ft. (t V ':Ill sq. ft. Unimproved Area (Left Natural) sq. ft. ~,Il(p sq. ft. • • • • • • • • • • • • • • • • • • • • • • • • 3,'8qJ sq. ft. • • • • • • • . .r. . . . . . . Form 13 Revised 11/06 Page 2 00 • B. c. Parking: N umber of existing spaces Number of new spaces proposed ExistinglProposed 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 fo]]owing: DYes#_ DYes#_ DYes 1. Amountofcut __________________________________ _ Amount offill _________________ _ Maximum height offill slope ____________ _ Maximum height of cut slope ____________ _ Amount of import or export ________________________ _ cu. yds. cu. yds. feet feet cu. yds. 2. 3. 4. 5. 6. Location of borrow or disposal site ______________________________ _ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Form 13 Revised 1 1/06 Page 3 of7 The following materials shall Aubmitted for each application or for coAed applications on a single project. I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right hand corner of plan visible.) A. SITE PLAN -Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Regular Coastal Development Permit on 24" x 36" sheet(s). Each site plan shall contain the following information: 1. GENERAL INFORMATION Oa. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. Ob. Location, size and use of all easements. Oc. 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. Od. Distance between buildings and/or structures. Oe. Building setbacks (front, rear and sides). Of. Location, height and materials of walls and fences. Og. Dimensions/location of signs. Oh. A summary table of the following (if applicable to the application): 00) Street address and assessor's parcel number. 0(2) Site acreage. 0(3) Existing Zone, and Land Use Designation. 0(4) Proposed land use. 0(5) Total building coverage. 0(6) Percent of site to be landscaped. 0(7) Number of parking spaces required/provided. 0(8) Square Footage of open or recreational space (if applicable). 0(9) Cubic footage of storage space (if applicable). Oi. All applicable Fire Suppression Zones as required by the City's Landscape Manual. B. GRADING AND DRAINAGE PLANS: 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 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: o I. Approximate contours at I' 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 a 100-foot perimeter of the boundaries of the site. Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable). 02. Earthwork volumes: cut, fill, import and export. 03. Spot elevations at the corners of each pad. 04. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 05. 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. 06. Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Fonn 13 Revised 1 1/06 Page 4 of7 • c. BUILDING ELEVA4aNS AND FLOOR PLANS -Four (aOPieS for a Minor Coastal Development Permit and four (4) copies a Single Family Regular Coastal Development Permit prepared on 24" x 36" sheet{s). Each building elevation and floor plan shall include the following information: D I . Location and size of storage areas. D2. All buildings, structures, wall and/or fences, signs and ex1:erior lights. D3. Existing and proposed construction. 04. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). D. COLORED SITE PLAI~ AND ELEVATION PLAN -Not required with first submittal. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (l) set of colored elevations to the Planning Department by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS DA. DB. De. A completed Land Use Review Application Form. Completed Coastal Development Permit Application. Environmental Impact Assessment Part I with Regular Coastal Development Permits. Check with Planning staff regarding Minor Coastal Development Permits and Single Family Regular Coastal Development Permits for any environmental review requirements. DD. Disclosure Statement. DE. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). OF. Completed "Project DescriptionJExplanation" sheet. DG. Property Owner's List and Addressed Labels: NOTE: WHEN THE APPLICATION IS TENT A TIVEL Y 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 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 ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. 1. A typewritten list of the names and addresses of all property owners within a 600' radius of the 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. Mailing Labels -two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. For any address other than a single-family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arialll pt, Arial Rounded MT Bold 9 pt, Courier 14 pt. Courier New II pt, and MS Line Draw II pt. Sample labels are as follows: ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad. CA 92008 ACCEPTABLE (with APN) 209-060-34-00 MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Form 13 Revised 11/06 Page50f7 3. 600' Radius Map: A map to scale not less than I "=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 zone/CDPs only): One (I) list of the occupants/addresses located within a 100' radius of the project site; and two (2) sets of labels (as described in "An above) of the addresses within a 100' radius. III. SPECIFIC PROJECT 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 I. Refer to the Carlsbad Municipal Code Section 21.202.060 for specific requirements. B. Coastal Resource Protection Overlay Zone I. Slope analysis/mapping for 25°'0 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)( I ) of the Carlsbad Municipal Code, if project is located along the tirst 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 EI 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 (D) of the Carlsbad Municipal Code. C. Coastal Shoreline Development Overlay Zone I. 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 I. 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 13 Revised 11/06 Page 6 of7 IV. REQUIRED COASa PEIlJ.\fIT FINDINGS -Approval At 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 Commission on a previously related appeals decision per Public Resources Code §30604(c). • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Form 13 Revised 11106 Page 7 of7 • PROJECT DESCRIPTION: LOT-OS \VE ARE POPOSING TO BUILD A T\VO STORY SINGLE F AMIL Y RESIDENCE IN A READY TO BUILD AND GRADED VACANT PAD LOCATED AT 964 ALYSSUM ROAD CARLSBAD, CA 92011 LOT AREA = 12,232 SQUARE FEET PROPOSED SINGLE F Al\lIL Y AREA WITH GARAGE = 4.381 SQUARE FEET PROPOSED SINGLE FA~lILY AREA WITHOUT GARAGE = 3.725 SQlJARE FEET THE OROPOSED SINGLE FA. MIL Y RESIDENCE \VILL HAVE: FIVE BEDROOMS FOUR BATHS THREE CAR GARAGE • Order Number: DIV-777896 (11) Page Number: 1 updated 2-5-2007 First American Title Company Karen Hagen First American Title Insurance Company 124 W. Main St., S. 120 EI caJon, CA 92020 Phone: 619-768-4046 Fax: 619-414-9488 Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: 411 Ivy Street San Diego, CA 92101 Vista PaCIfica -Standard Pacific DIV-777896 (11) Roy Provence (619)231-4652 (866)559-1847 rprovence@firstam.com Standard Pacific Vacant carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a polie'y of title insurance, this company hereby repc;rts that rt: is prepared to issue, or cause to be Issued, as of the date hereof, a Policy or Policies ofTitfe Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss ..... hich may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an EYception below or not excluded from coverage pursuant to tre pnnted 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, defects, and encumbrances affecting title to the land. ThiS report (and any supplements or amendments hereto) IS issued solely for the purpose of factlftabng the Issuance or a policy of title msurance and no \labilIty IS assumed hereby, If It 15 desired that liability be assumed pnor to the Issuance of a pol;cy of title insurance, a Binder or Commrtment should be requested. Rrst American Title Dated as of January 25,2007 at 7:30 A.M. Order Number: DIV-777896 (11) Page Number: 2 The form of Policy of title insurance contemplated by this report is: ALTA owner's western regional 1992 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: Standard Pacfic Corp., a Delaware Corporation, which also acquired title as Standard Pacific of San Diego, a California Corporation 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 spedal taxes and assessments for the fiscal year 2007-2008, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2006-2007. First Installment: $159.11, DEUNQUENT Penalty: $15.91 Second Installment: $159.11, OPEN Penalty: $25.91 Tax Rate Area: 09027 A. P. No.: 214-442-08-00 Affects: lot 8 3. General and special taxes and assessments for the fiscal year 2006-2007. First Installment: $159.11, PAID Penalty: $15.91 Second Installment: $159.11, OPEN Penalty: $25.91 Tax Rate Area: 09027 A. P. No.: 214-442-09-00 First American Title Affects: lot 9 Order Number: DN-777896 (11) Page Number: 3 4. General and special taxes and assessments for the fiscal year 2006-2007. First Installment: $80.581 PAID Penalty: $8.06 Second Installment: $80.58, OPEN Penalty: $18.06 Tax Rate Area: 09165 A. P. No.: 214.642-31-00 Note: affects that portion in lot 238 5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. 6. Abutter's rights of ingress and egress to or from Poinsettia Lane adjacent thereto have been dedicated or relinquished on the filed Map. 7. The terms and provisions contained in the document entitled "Memorandum of Agreement" recorded February 16, 1984 as instrument no. 84-059295 of Official Records. Executed by and between Standard Pacific, a california Corporation, Carlsbad Investors Limited, a California Limited Partnership and Pacesetter Homes, Inc. a california Corporation. 8. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded November 6, 1984 as instrument no. 84-419115 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the california Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. A document entitled "AsSignment of Declarant's Rights" recorded December 30, 1986 as instrument no. 86-621590 of Official Records. Document(s) declaring modifications thereof recorded April 21, 1994 as instrument no. 94- 266414 of Official Records. 9. An easement for Common Maintenance Area Easement Vista Pacifica (Phase 9) and incidental purposes, recorded October 21, 1986 as instrument no. 86-474724 of Official Records. In Favor of: Vista Pacifica Property Owners Association, a california NonProfit Mutual Benefit Corporation Affects: Lot 8. All portions of each Lot within the Servient Tenement; Excepting therefrom the following portions of each such Lot: First Amencan Title Order Number: DIV-777896 (11) Page Number: 4 (I) that portion upon which a residential structure was built by Grantor as the same may change pursuant to the consent of Grantee of its Architectural Committee. (II) those portions consisting of private yards, private patiOS or private gardens separated from other portions of such Lot by fences or walls installed by Grantor as the same may change pursuant to the consent of Grantee or its Architectural Committee. 10. The terms and provisions contained in the document entitled "Cable Television Bulk Billing Agreement and Grant of Easement" recorded December 8, 1994 as instrument no. 94-702967 of Offidal Records. Executed by and between Daniels Cablevision, Inc. and Vista Pacifica Property Owners Association. The location of the easement cannot be determined from record information. 11. A Notice of Special Tax lien (Community Facilities District No.1) as disclosed by an Instrument recorded May 20, 1991 as File No. 91-0236959 of Official Records. 12. The fact that said land lies within the Community Facilities District No.3 of Carlsbad Unified School District, as disclosed by Instrument recorded May 16, 1995 as File No. 1995-0205176 of Official Records. 13. The fact that said land lies within the Amended Annexation Map No.1 to boundaries of Community Fadlities District No.3, as disclosed by Instrument recorded June 16, 1995 as File No. 1995-0254037 of Official Records, and Amended Annexation Map No.5, recorded September 20,2001 as File No. 2001-0676493 of Official Records. 14. The terms and provisions contained in the document entitled "City of Carlsbad Resolution No. 97- 528" recorded July 22, 1997 as Rle No. 1997-0349124 of Offidal Records. 15. The fact that said land lies within the Amended Annexation Map No.3 to boundaries of Community Facilities District No.3, as disclosed by Instrument recorded March 11, 1999 as Rle No. 1999-0157103 of Official Records, and Amended Annexation Map No.5, recorded September 20,2001 as Rle No. 2001-0676493 of Official Records. 16. Covenants, conditions, restrictions and easements in the document recorded July 3, 2000 as File No. 2000-0351071 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 17. The terms, provisions and fees disclosed by Amendment to Notice of Spedal Tax Uen regarding Annexation No.5 to Community Facilities District No.3 of the Carlsbad Unified School District, recorded October 19, 2001 as File No. 2001-0758809 of Official Records. Also amendment thereto was recorded November 26, 2003 as Rle No. 2003-1418263 of Official Records. Hrst American Title Order Number: DIV-777896 (11) Page Number: 5 18. The terms and provisions contained in the document entitled "Notice and Waiver concerning proximity of the planned or existing Poinsetta Lane and Aviara Parkway Transportation Corridors case no. CT 98-14" recorded April 1, 2003 as Instrument No. 2003-0362109 of Official Records. 19. The terms and provisions contained in the document entitled "Notice concerning Aircraft Environmental Impacts case no. CT 98-14" recorded April 1, 2003 as Instrument No. 2003- 0362110 of Official Records. 20. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded April 21, 2003 as Instrument No. 2003-0459091 of Official Records. 21. An easement for public utility and access and incidental purposes, recorded September 22,2003 as instrument no. 2003-1159855 of Official Records. In Favor of: The City of carlsbad Affects: Lot 238 22. An easement shown or dedicated on the Map as referred to in the legal description For: emergency access and Incidental purposes. Affects Lot 238 23. Abutter's rights of ingress and egress to or from Lot 238 in and to Alyssum Road adjacent thereto have been dedicated or relinquished on the filed Map. 24. The following recitals as shown on Map no. 14841, to wit: a. Proposed 2'wide ditch per SDRSD Std. D-75 type B (cross lot drainage easements reserved hereon. affects: lot 238A Note as shown on Map No. 14841 as follows: Sight Distance Corridor requirements exist on Lots 55,86,97, 108, 114, 115, 123, 130, 146, 148, 174, 176, 177, 197, 198,211,212 and 213. The Lots have boundaries that are formed by the intersection of two local streets. The sight distance corridor shall be the triangle formed by measuring 25 feet from the point of curb return on the curb line and drawing a line. 25. An easement for facilities and equipment for the delivery of video, audio and Internet access system and incidental purposes, recorded November 5, 2004 as instrument no. 04-1054077 of Official Records. In Favor of: Affects: Highland carlsbad Operating Subsidiary, Inc. d/b/a Adelphia cable Communications The location of the easement cannot be determined from record information. Arst Amencan Title Order Number: DN-777896 (11) Page Number: 6 26. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded November 10, 2004 as instrument no. 04-1070454 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, marital status, ancestry, disability, handicap, familial status, national origin, source of income (as defined in california Government Code 12955(p», to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Note: You may wish to contact the homeowners association referred to in the above document for information regarding assessments, transfer requirements or other matters. A declaration of annexation recorded October 10, 2005 as Instrument no. 05-0874240 of Official Records. 27. An easement for public street and public utility and incidental purposes, recorded September I, 2006 as instrument no. 06-0626905 of Official Records. In Favor of: City of carlsbad Affects: a portion of Parcel 2 as described therein 28. An easement for public utility and access and incidental purposes, recorded December 18, 2006 as instrument no. 06-0894707 of Official Records. In Favor of: the City of carlsbad Affects: a portion of parcel 1 as described therein 29. Conditions and/or requirements in Certificates of Compliance recorded t>1arch 7, 2006 as instrument no. 06-0156681 and recorded December 18, 2006 as instrument no. 06-0895705, both of official records. 30. The requirement that prior to clOSing, a quitclaim deed from James Hicks and Wanda Hicks, husband and wife, as owners of adjoining land, which has had a portion of the adjoining street to said land vacated and must relinquish their right to said vacated street within land herein described (lot 8), be recorded in favor of the vestee herein. Am American Title Order Number: DN-777896 (11) Page Number: 7 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. The map attached, jf any, mayor 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. Hrst American Title Order Number: DN-777896 (11) Page Number: 8 LEGAL DESCRIPTION Real property in the City of carlsbad, County of San Diego, State of california, described as follows: Parcell: All that portion of the following described land, being lot 8 of carlsbad Tract No. 83-2, Unit No.1, in the City of carlsbad, County of San Diego, State of california, according to Map thereof No. 10815, filed in the Office of the County Recorder of San Diego County, January 10, 1984, that portion of Lot 238 of carlsbad Tract No. CT 98-14-03, as shown on map No. 14841 filed July 26, 2004 in said Recorder's office and that portion of Alyssum Road vacated per City of carlsbad City Council ResolutIon recorded December 18, 2006 as instrument no. 06-0894703 of official records, described as a whole as follow: Commendng at the most westerly corner of lot 7 of said Map no. 10815; thence along the northwesterly line of said lot 7, North 50 degrees 30'08" East 45.12 feet to the most northerly corner of said lot 7 and the TRUE POINT OF BEGINNING; thence along the northeasterly line of said lot 7 South 35 degrees 23'52"East 104.88 feet to the most easterly corner of said lot 7; thence along the southeasterly prolongation of said northeasterly line South 35 degrees 23'52" East 4.00 feet; thence South 20 degrees 53'39" West 17.45 feet to a point on the southeasterly line of said vacated Allyssum Road parcel and the beginning of a non-tangent curve concave southerly having a radius of 50.00 feetr a radial line of said curve from said point bears South 08 degrees 01'32" West; thence along said curve and southeasterly line and along the northeasterly fine of Allyssum Road per Document no. 2006-0894707 recorded December 18, 2006 easterly 33.89 feet through a central angle of 38 degrees 50'06"; thence non-tangent from said curve North 43 degrees 01'12" East 31.14 feet to the southerly prolongation of that course in the easterly line of said lot 238 shown as "North 00 degrees 31'16" East 112.77 feet"; thence along said southerly prolongation and easterly line North 00 degrees 31'16" East 135.89 feet and North 56 degrees 52'20" East 6.95 feet to the northeasterly line of said lot 238; thence along said northeasterly line North 47 degrees 09'37" West 40.83 feet to the northeasterly prolongation of the northwesterly line of said lot 7; thence along said prolongatIon and the northwesterly line of said lot 8 South 50 degrees 30'08" West 109.78 feet to the TRUE POINT OF BEGINNING. Said land is described as Parcel 2 in Certificate of Compliance recorded December 18, 2006 as instrument no. 06-0894705, official records of San Diego County. Parcel 2: That portion of lot 9 of Carlsbad Tract no. 83-2 in the City of carlsbad, County of San Diego, State of california as shown on Map no. 10815, filed in the office of the county recorder of San Diego County January 10, 1984, described as follows: Beginning at the most northerly corner of said lot 9; thence along the easterly line of said lot South 00 degrees 31'16" West 143.88 feet; thence North 89 degrees 28'44" West 15.02 feet; thence South 64 degrees 05'48" West 23.90 feet to the easterly corner of lot 10 of said map no. 10815, said comer being an angle point in the southwesterly line of said lot 9; thence along said southwesterly line and the northwesterly line of lot 9 through the follOWing courses: North 35 degrees 49'39" West 103.76 feet to a point on a non-tangent curve concave southeasterly and having a radius of 470.00 feet, a radial line of said curve from said point bears South 35 degrees 49'39" East; thence along said curve northeasterly 3.52 feet through a central angle of 00 First American Title Order Number: DIV-777896 (11) Page Number: 9 degrees 25'47"; thence tangent from said curve North 54 degrees 36'08" East 117.40 feet to the point of beginning. Said land is described as Parcel 1 in Certificate of Compliance recorded March 7,2006 as instrument no. 06-0156681, official records of San Diego County. APN: 214-442-08,09,214-642-31 W.O.P. Arst Amencan Title N017CE Order Number: DN-777896 (11) Page Number: 10 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. First Amencan Title EXHIBIT A Order Number: DIV-777896 (11) Page Number: 11 UST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POUCY TYPE) 1. CAUFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POUCY -1990 SCHEDULEB 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 hens by the records of any taxing authorrty 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 pubhc records. ~ Any facts, nghts, Interests, or claims which are not shown by the public records but which could be ascerta ined by an Inspecbon 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. -l Discrepancies. conflicts in boundary hnes, shortage In area. encroachments, or any other facts which a correct survey would disclose, and which are not shown by the pubhc records. (a) Unpatented mining claims; (b) reservanons or exceptions In patents or In Acts authorizing the Issuance thereof; (cl water nghts, claims or trt:Je to water, whether or not the matters excepted under (a), (b), or (cl 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: I (al Any law, ordinance or governmental regulation (meludlng but not limrt:ed to bUilding and zonmg laws, ordinances, or regulations) restricting, regulating, prohibrt:lng or relatmg 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 vlolatlon 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 exerase 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) resultmg m no loss or damage to the insured claimant; (d) attachmg or created subsequent to Date of Policy; or (el resulting in loss 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. -l 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. Invalidrty or unenforceabllity of the lien of the insured mortgage, or claim thereof, which arises out of the transaction eVidenced by the insured mortgage and is based upon usury or any consumer credit protectIon or truth in lending law. 6. Any claim, which arises out of the transaction 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 credrt:ors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulatJon (onduding but not limrt:ed to building and zoning ordinances) restrictIng or regulating or prohibrt:mg the occupancy, use or enJoyment of the land, or regulatmg the character, dimensions or location of any Improllement now or hereafter erected on the land, or prohibiting a separanon 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 regulatlon. 2 Rights of eminent domain or governmental nghts of pohce power unless nonce of the exerCise of such nghts 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 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 wntJng by the insured daimant to the Company pnor to the date such insured claimant became an InsUred hereunder; (cl resulting in no loss or damage to the Insured daimant; (d) attaching or First American Title Order Number: DIV-777896 (11) Page Number: 12 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. 3. AMERICAN LAND TI11.E ASSOCIATION OWNER'S POUCY FORM B -1970 WIllf REGIONAL EXCEPTIONS When the American Land Title Assooation 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. SCHEDULEB ThiS policy does not Insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. 3 4 Taxes or assessments which are not shown as existing hens by the records of any taxing authority that levies taxes or assessments on real property or by the pubhc records. Any facts, nghts, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by mak.lng IOquiry of persons In possession thereof. Easements, claims of easement or encumbrances which are not shown by the pubhc records. Discrepancies, conflicts in boundary hnes, shortage 10 area, encroachments, or any other facts which a correct survey would dISClose, and which are not shown by pubhc records. Unpatented mlOlng claims; reservatiOns or exceptions In patents or in Acts authorlzmg the Issuance thereof; water rights, claims or tItle to water. Any hen, or nght to a hen, for services, labor or matenal heretofore or hereafter furnished, Imposed by law and not shown by the pubhc records. 4. AMERICAN LAND TI11.E ASSOCIATION LOAN POUCY -1970 WI11f A.L T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to buildmg 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 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 nghts 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 cialmant, (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 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, Unenforceabillty 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. 5. AMERICAN LAND TI11.E ASSOCIATION LOAN POUCY -1970 WIllf REGIONAL EXCEPTIONS When the American Land Title Assodation Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth In paragraph 4 above are used and the follOWing exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage by reason of the matters shown in parts one and two followmg: Part One I 5 Taxes or assessments which are not shown as exiSting hens by the records of any taxing authority that leVieS taxes or assessments on real property or bV the public records. Any facts, nghts, interests, or cialms 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. Easements, claims of easement or encumbrances which are not shown by the public records. DiscrepanCies, conflicts 10 boundary hnes, shortage In area, encroachments, or any other facts which a correct survey would dISClose, and which are not shown by pubhe: 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 nght to a lien, for services, labor or matenal theretofore or hereafter furnished, Imposed by law and not shown by the public records. Rrst American Title Order Number: DIV-777896 (11) Page Number: 13 6. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY -1992 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressiy 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: I. (a) Any law, ordmance or gO"Jernmental regulation (including but not limited to bUilding and zoning laws, ordinances, or regulations) re..wieting, regulating, prohibiting or relating to (0 the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected cn the land; (iii) a separation in o."nership or a change in the dimensions or area of the land or ani' parcel of which the land is or was a part; or (1'.) e:wlronmental protection, or the effect of any II :olation of these laws, ordinances or governmental regulations, except to the eAtent that a notice cf the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a ,'Iolat,on or alleged violati:m affect'ng the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded b~ (a) above, excep~ to the extent that a notice of the exerdse thereof or a notice of a defect, lien or encLJmb'Once resulting from a violation or alleged liiolatlon affect,ng the land has been reco'ded irt the publIC records at Date ofPohcy. 2 Rlgf-Jts of emi'ient 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 wh,ch has occurred prior to Date of Poltcy which would be binding on the nghts of a purchaser for value Without knowledge. 3 Defects, liens, encumb'Onces, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, b ... 't created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded In the publtr: records at Date of Policy, but known to the insured claimant and not disclosed In writing to the Company by the Insured claimant pnor to the date the Insured clalma'it became an insured under thiS policy; (c) resulting In no loss or damage to the Insured dalmant, (d) attachmg or created subsequent to Date of PoliCY (except to the extent that thiS policy Insures the pnonty of the lren of the l'isured mortgage O"Jer any statutory lien for services, labor or matenal or the extent Insurance IS afforded herem as to assessments for street Improveme'its under construct on or completed at date of policy), or (e) resulting in loss or damage , .. h,ch would not have been sustained if the Insured claimant had paid value for the insured mortgage. .. Unenforceabi!ity cf the lien of the Inst.:red mortgage because of the inability or failure of the !'lsured at Date of Poi icy, or the Inability or fa'lure of any subsequent o • ..,ner of the Indebtedness, to ccmply I'.ith the applicable "doing bUSiness" laws of the state in which the lapd IS situated. 5 Intlalldity or unenforceabllity of the lien of the msured mortgage, or Claim thereof, \\hlch arises out cfthe transacto'1 e;idem:ed by the msured mortgage and is based upon USUrt or any consumer credit protection or truth In lending law. 6. Any statutory lien f()T ser.'ices, labor or matenals (or the claim cf priority of any statutory lien for ser,ices, labor or materials o\'er 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 iE' not financed in v.hole or In part by proceeds of the Indebtedness secured b'l the insured mortgage I',hich at Date of Policy the Insured has advanced or IS obligated to advance. 7" Any claim, ".hICh anses out of the transacti:JD creating the interest of the mortgagee insured by thIs policy. by reason of the operat,on of federal banl(ruptcy, state insolvency, or similar creditors' rights laws, that is based on: (I) the transaction creating the intere..<;l; of the Insured mcrtgagee being deemed a fraudulent convef3nce or fraudulent transfer; or (li) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (lIi) the transaction creating the interest of the insured mcrtgagee being deemed a ~referential transfer e~cept v.here the preferential transfer results from the failure: (a) to timely record the mstrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or Een creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY -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 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB ThiS plicy does not Insure against loss or damage (and the Company will nat pay costs, attorneys' fees or expenses) which anse by reason of: 1. Taxes or assessments whlch are not shown as existing liens by the records of any taxing authority that leilles 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 inspectron of said land or by makmg inqUiry of persons In possession thereof. 3 Easements, claims of easement or encumbrances wh:ch are not shown by the public records. 4. Discrepanc,es, conflicts In b:lundar.,. tines, shortage in area, encroachments, or a'1l' other facts >\hich a correct survey would d,sclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions 1!1 patents or m Acts authoriz,ng the issuance thereof; water nghts, daims or title to water, 6. Any lien, or Tight to a lien, for serviCes, labor or mateTtal theretofore or hereafter furnished, Imposed by law and not shown by the publrc records. B. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY -1992 Am American Title Order Number: DN-777896 (11) Page Number: 14 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: I. (a) Any law, ordinance or governmental regulation (indudmg 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 resultmg from a Violation or alleged vlolabon affectmg 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 emment domain unless notice of the exerCise thereof has been recorded in the public records at Date of POlicy, but not excluding from coverage any takmg which has occurred pnor to Date of Policy Which would be binding on the Tights 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 IOsured 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 10 wrltlOg to the Company by the Insured claimant prior to the date the insured claimant became an insured under this policy; (cl resulting in no loss or damage to the Insured cialmant; (d) attaching or created subsequent to Date of Policy; or (e) resulting 10 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. .. Any claim, which anses out of the transacton vesting in the Insured the estate or Interest Insured by thiS policy, by reason of the operation of federal bankruptcy, state msolvency, or Similar credItOrs' nghts laws, that IS based on: (I) the transaction creabng 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 preferenbal transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart nobce to a purchaser for value or a judgment or lien credrt:or. 9. AMERICAN LAND TIlLE ASSOCIATION OWNER'S POUCY -1992 WI11i REGIONAL EXCEPTIONS When the American land Trt:le Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 8 above are used and the following exceptions to coverage appear In the policy. SCHEDULEB 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: I. 2. 3 -l. 5. 6. 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. 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 IOquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary hnes, shortage 10 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 10 patents or in Acts authorizing the issuance thereof; water rights, claims or btle 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. 10. AMERICAN LAND TIlLE ASSOCIATION RESIDENTIAL TIlLE INSURANCE POUCY -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 regulabon. This Indudes bUilding and zomng ordinances and also laws and regulations concerning: * land use * land dIVISion * Improvements on the land * environmental protection This exduslon does not apply to vlOlabons or the enforcement of these matters which appear 10 the pubhc records at Policy Date. ThIS exduslon does not IImrt: the zon1T1Q coverage described In items 12 and 13 of Covered Title RISks. A"rst American TItle 2. The right to take the land by condemning It, unless: Order Number: DIV-777896 (11) Page Number: 15 * a notice of exercising the nght 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 talang. 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 nght: * to any land outside the area speafically 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 5 of Covered Tttle Risks. 11. EAGLE PROTECTION OWNER'S POUCY CLTA HOMEOWNER'S POUCY OF 1lTLE INSURANCE -1998 ALTA HOMEOWNER'S POUCY OF 1lTLE INSURANCE -1998 Con red Risks 14 (Subdhision La" Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liabilif) EXCLUSIONS In addlDon 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 e. land diviSion f. environmental protectJon 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. ThiS 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 right 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. 5. Failure to pay value for Your Title. 6. lack of a right: a. to any land outside the area speafically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the land. This exdusion does not limit the coverage described in Covered Risk 11 or 18. 12. SECOND GENERATION EAGLE LOAN POUCY AMERICAN LAND 1lTLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (10/13/01) 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 anse by reason of: L (a) Any law, ordmance 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 locaDon of any Improvement now or hereafter erected on the Land; (III) a separatoon in ownership or a change m the dimensions or area of the land or any parcel of which the land IS or was a part; or (IV) environmental protectJon, or the effect of any Violation of these laws, ordinances or governmental regulatoons, except to the extent that a nobce of the enforcement thereof or a nobce 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 exduSlOn Rrst American Title Order Number: DN-777896 (11) Page Number: 16 does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a defect, lien or encumbrance result:Jng from a violation or alleged violation affecbng the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this 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, hens, 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 does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resuttJng 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 mabllity or fadure 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 m which the Land IS situated. 5. Invalidity or unenforceability of the hen of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and IS based upon usury, except as provided in Covered RIsk 27, or any consumer credit protection or truth In lendmg law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of POlicy. ThiS exclUSion does not limit the coverage proVided under Covered RIsks 7, 8 (el and 26. 7. Any dalm of Invahdlty, unenforceablhty or lack of prlOnty 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 hmit the coverage proVided m Covered RIsk 8. 8. Lack of pnorlty of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all Interest charged thereon, over hens, encumbrances and other matters affecbng title, the eXistence of which are Known to the Insured at: Ca) The time of the advance; or Cb) 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 In Covered Risk 8. 9. The failure of the residential structure, or any porbon thereof to have been constructed before, on or after Date of Policy 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 Date of 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. The follOWing existing staMes, reference to which are made part of the ALTA 8.1 Environmental Protection Uen Endorsement incorporated Into this Policy following item 28 of Covered Risks: NONE. 13. SECOND GENERATION EAGLE LOAN POliCY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIOENTIAL LOAN POliCY (10/13/01) WI1H REGIONAL EXCEPTIONS When the American Land Title AsSOCiation loan policy with EAGLE Protecbon 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 agamst loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: I Taxes or assessments which are not shown as existing hens 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 hnes, shortage m 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 authorlZmg the Issuance thereof; water nghts, claims or We to water. o. Any hen, or right to a lien, for services, labor or matenal theretofore or hereafter furnished, Imposed by law and not shown by the public records. Part Two: Rrst Amencan Title I. The following extsbng statutes, reference to v.hich are made part of the ALTA 8.1 Environmental ProtectlDn Lien Endorsement Incorporated Into this POlicy following item 28 of Covered Risks: None. A"rst Amencan Title 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 Infonnation Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, 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 reportmg 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: (1) as necessary for us to provide 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, we may also provide all the information we collect, as described above, 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 Rrst American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved • CLTA Preliminary Report Form (Rev. 11/06) • Order Number: 2935841 (50) Page Number: 1 First American Title Company Victor Salem Comfort Inn Airport at Old Town 1955 San Diego Avenue San Diego, CA 92110-2105 Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: 9130 Anaheim PI., Ste 230 Rancho Cucamonga, CA 91730 2935841 (50) Steven Clark (909)477-5660 (818)242-8372 sclark@firstam.com E & R Partners, LLC Alyssum Road carlsbad, CA PREUMINARY 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 theretn 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 Umitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may conliJin an arbitration clause. When the Amount ofInsurance 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. Umitations on Covered Risks applicable to the UTA and At TA Homeowner's Policies of TItle Insurance which establish a Deductible Amount and a Maximum Dollar Umit of Uability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be reac!. They are available from the office which issued this report. Please read the exceptions shown or refened to below and the exceptions and exdusions set forth in Exhibit A of this report carefully. The exceptions and exdusions 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 writb!n representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. ThIS report (and any supplements or amendments hereto) is issued solely for the purpose of facilitatmg 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. first ArneriCi1n Title • Dated as of November 30, 2007 at 7:30 A.M. • Order Number: 2935841 (50) Page Number: 2 The form of Policy of title insurance contemplated by this report is: To Be Determined 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: E & R PARTNERS, LlC, A CAliFORNIA liMITED liABIliTY COMPANY 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 2007-2008. First Installment: $164.66, DUE Penalty: $16.47 Second Installment: $164.66, OPEN Penalty: $26.47 Tax Rate Area: 09027 A. P. No.: 214-442-08-00 2. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $164.66, DUE Penalty: $16.47 Second Installment: $164.66, OPEN Penalty: $26.47 Tax Rate Area: 09027 A. P. No.: 214-442-09-00 Affects: The land and other property. 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. first American Title • • Order Number: 2935841 (SO) Page Number: 3 4. Abutter's rights of ingress and egress to or from Poinsettia Lane adjacent thereto have been dedicated or relinquished on the tiled Map. Affects Parcel A 5. The terms and provisions contained in the document entitled Memorandum of Agreement, executed by and between Standard Pacific, a California Corporation, Carlsbad Investors Limited, a California Limited Partnership and Pacesetter Homes, Inc. a California Corporation/ recorded February 16/ 1984 as Instrument No. 84-059295 of Official Records. 6. Covenants/ conditions/ restrictions, easementsl assessmentsr liens/ charges, terms and provisions in the document recorded November 6, 1984 as Instrument No. 84-419115 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for valuel but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604( c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. A document entitled "Assignment of Declarant's Rights" recorded December 30, 1986 as Instrument No. 86-621590 of Official Records. Document(s) declaring modifications thereof recorded April 21/ 1994 as Instrument No. 94- 266414 of Official Records. 7. An easement for Common Maintenance Area Easement Vista Pacifica (Phase 9) and incidental purposes, recorded October 21/ 1986 as Instrument No. 86-474724 of Official Records. In Favor of: Vista Pacifica Property Owners Association/ a California NonProfit Mutual Benefit Corporation Affects: lot 8 All portions of each Lot within the Servient Tenement; Excepting therefrom the following portions of each such lot: (I) That portion upon which a residential structure was built by Grantor as the same may change pursuant to the consent of Grantee of its Architectural Committee. (n) Those portions consisting of private yards/ private patios or private gardens separated from other portions of such Lot by fences or walls installed by Grantor as the same may change pursuant to the consent of Grantee or its Architectural Committee. 8. A Notice of Special Tax Lien (Community Facilities District No.1) as disclosed by an instrument recorded May 20, 1991 as File No. 91-0236959 of Official Records. 9. The terms and provisions contained in the document entitled "Cable Television Bulk Billing Agreement and Grant of Easement" recorded December 8, 1994 as Instrument No. 94-702967 of Official Records. Executed by and between Daniels Cablevision, Inc. and Vista Pacifica Property Owners Association. Am American Tttle • • Order Number: 2935841 (50) Page Number: 4 The location of the easement cannot be determined from record information. 10. The fact that said land lies within the Community Facilities District No. 3 of Carlsbad Unified School District, as disclosed by instrument recorded May 16,1995 as File No. 1995-0205176 of Official Records. 11. The fact that said land lies within the Amended Annexation Map No. 1 to boundaries of Community Facilities District No.3, as disclosed by instrument recorded June 16, 1995 as File No. 1995-0254037 of Official Records, and Amended Annexation Map No.5, recorded September 20, 2001 as Rle No. 2001-0676493 of Official Records. 12. The terms and provisions contained in the document entitled "City of Carlsbad Resolution No. 97- 528" recorded July 22, 1997 as Instrument No. 1997-0349124 of Official Records. 13. The fact that said land lies within the Amended Annexation Map No.3 to boundaries of Community Facilities District No.3, as disclosed by instrument recorded March 11, 1999 as File No. 1999-0157103 of Official Records, and Amended Annexation Map No.5, recorded September 20,2001 as Rle No. 2001-0676493 of Official Records. 14. Covenants, conditions, restrictions and easements in the document recorded July 3, 2000 as Instrument No. 2000-0351071 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604{c), of the United States Codes or Section 12955 of the California Government Code. lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 15. The terms, provisions and fees disclosed by Amendment to Notice of Special Tax Uen regarding Annexation No. 5 to Community Facilities District No. 3 of the Carlsbad Unified School District, recorded October 19, 2001 as File No. 2001-0758809 of Official Records. Also amendment thereto was recorded November 26,2003 as File No. 2003-1418263 of Official Records. 16. The terms and provisions contained in the document entitled "Notice and Waiver concerning proximity of the planned or existing Poinsetta lane and Aviara Parkway Transportation Corridors Case No. CT 98-14" recorded April 1, 2003 as Instrument No. 2003-0362109 of OffiCial Records. 17. The terms and provisions contained in the document entitled "Notice Concerning Aircraft Environmental Impacts Case No. CT 98-14" recorded April 1,2003 as Instrument No. 2003- 0362110 of Official Records. 18. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded April 21, 2003 as Instrument No. 2003-0459091 of Official Records. 19. An easement for public utility and access and incidental purposes, recorded September 22, 2003 as Instrument No. 2003-1159855 of Official Records. In Favor of: The City of Carlsbad Affects: Lot 238 Rrst Amencan TtfJe • • Order Number: 2935841 (50) Page Number: 5 20. An easement shown or dedicated on the Map as referred to in the legal description For: Emergency access and incidental purposes. Affects Lot 238 21. Abutter's rights of ingress and egress to or from Lot 238 in and to Alyssum Road adjacent thereto have been dedicated or relinquished on the filed Map. 22. The Subdivision Map referred to in the legal description herein contains various restrictions in improving or developing the property herein described. Reference is made to said Subdivision Map for further particulars 23. An easement for facilities and equipment for the delivery of video, audio and Internet access system and incidental purposes, recorded November 5,2004 as Instrument No. 04-1054077 of Official Records. In Favor of: Affects: Highland carlsbad Operating SubSidiary, Inc. d/b/a Adelphia cable Communications The location of the easement cannot be determined from record information 24. Covenantsl conditions, restrictions, easements, assessmentsl liens, charges, terms and provisions in the document recorded November 10, 2004 as Instrument No. 04-1070454 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, marital status, ancestry, disability, handicap, familial status, national origin, source of income (as defined in california Government Code 12955(p», to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Note: You may wish to contact the homeowners association referred to in the above document for information regarding assessments, transfer requirements or other matters. A declaration of annexation recorded October 10, 2005 as Instrument No. 05-0874240 of Official Records. 25. The terms and provisions contained in the document entitled "Certificate of Compliance for Adjustment Plat" recorded March 7, 2006 as Instrument No. 2006-0156681 of Official Records. Affects Parcel B. 26. An easement for public street and public utility and incidental purposes, recorded September 1, 2006 as Instrument No. 06-0626905 of Official Records. In Favor of: City of carlsbad Affects: Parcel B Rrst American Titie • • Order Number: 2935841 (50) Page Number: 6 27. An easement for public utility and access and incidental purposes, recorded December 181 2006 as Instrument No. 06-0894707 of Official Records. In Favor of: The City of carlsbad Affects: Parcel A 28. The terms and provisions of a grant of non-exclusive easement for landscapingl maintenance and incidental purposes in favor of The Bay Collection Homeowner's Association, recorded February 9, 2007 as Instrument No. 07-0094612 of Official Recordsl affecting that portion lying within Lot 238 of Map 14841. 29. The terms and provisions of a Restrictive Covenant Regarding Landscape Height, recorded April 2,2007 as Instrument No. 07-0217156 of Official Records. 30. The terms, easements and provisions contained within an instrument entitled Grant of Easements, executed by and between Standard Pacific Corp., a Oelwaware Corporationl Ronald P. Nelson, Jr. and Sanae H. Nelson and Andrew Abbott and Dana Abbott, recorded July 2,2007 as Instrument No. 07-0443400 of Official Records. 31. The terms and provisions contained in the document entitled "Certificate of Compliance for Adjustment Plat" recorded July 13, 2007 as Instrument No. 2007-0471345 of Official Records. Affects Parcel A Prior to the issuance of any policy of title insurance, the Company will require: 32. With respect to E & R Partnersl LLCI a limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a california limited liability companYI that a certified copy of its articles of organization (LLC-l) and any certificate of correction (LLC-ll), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-I0) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC-5) be recorded in the public records; d. With respect to any deedr deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to relYI that such document or instrument be executed in accordance with one of the followingr as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreementl such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the boardl the president or any vice presidentl and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require Rrst American Title • • Order Number: 2935841 (50) Page Number: 7 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. Rrst American Title • • Order Number: 2935841 (50) Page Number: 8 WIRE INSTRUcnoNS for First American Title Company -Los Angeles, Title Department Los Angeles County, California First American Trust" FSB 5 First American Way Santa Ana, CA 92707 ABA 122241255 Credit to First American Title Company Los Angeles Account No. 2000014101 Reference Title Order Number 2935841 and Title Officer Steven Can: Funds for other loans being insured by First American Title Company must not be combined into one wire -or funds may be returned. All wires must reference (1) First American Title Company -Los Angeles and (2) our Account Number -or funds may be returned. The map attached, if any, mayor 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. First Amencan Title • • Order Number: 2935841 (50) Page Number: 9 LEGAL DESCRIPTION Real property in the City of carlsbad, County of San Diego, State of california, described as follows: PARCEL A: PARCEL 1 AS SHOWN ON CERTIFICATE OF COMPUANCE FOR ADJUSTMENT PLAT EVIDENCED BY DOCUMENT RECORDED JULY 13, 2007 AS INSTRUMENT NO. 2007-0471345 OF OFFICIAL RECORDS, BEING A DMSION OF THE FOLLOWING: THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAliFORNIA, BEING LOT 8 OF CARLSBAD TRACT NO. 83-2 AS SHOWN ON MAP NO. 10815 FILED JANUARY 10, 1984 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, THAT PORTION OF LOT 238 OF CARlSBAD TRACT NO. CT 98-14-03 AS SHOWN ON MAP NO. 14841 FILED JULY 26,2004, IN SAID OFFICE OF THE COUNTY RECORDER AND THAT PORTION OF ALL YSUM ROAD VACATED PER OTY OF CARLSBAD CITY COUNCIL RESOLUTION NUMBER 2006-258, FILED DECEMBER 18, 2006 AS DOCUMENT NO. 2006-0894703 IN SAID OFFICE OF THE COUNTY RECORDER, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 7 OF SAID MAP NO. 10815; THENCE ALONG THE NORTHWESTERLY liNE OF SAID LOT 7 NORTH 500 30' 08" EAST 45.12 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHEASTERLY liNE OF SAID LOT 7 SOUTH 350 23' 52" EAST 104.88 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 7; THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF SAID NORTHEASTERLY liNE SOUTH 350 23' 52" EAST 4.00 FEET; THENCE SOUTH 200 53' 39" WEST 17.45 FEET TO A POINT ON THE SOUTHWESTERLY liNE OF SAID VACATED ALLYSUM ROAD PARCEL AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 50.00 FEET, A RADIAL liNE OF SAID CURVE FROM SAID POINT BEARS SOUTH 080 01' 32" WEST; THENCE ALONG SAID CURVE AND SOUTHWESTERLY liNE AND ALONG THE NORTHEASTERLY liNE OF THE ALLYSUM ROAD PER DOCUMENT NO. 2006-0894707 RECORDED DECEMBER 18, 2006 IN SAID OFFICE OF THE COUNTY RECORDER, EASTERLY 33.89 FEET THROUGH A CENTRAL ANGLE OF 380 50' 06"; THENCE NON-TANGENT FROM SAID CURVE NORTH 43° 01' 12" EAST 31.14 FEET TO THE SOUTHERLY PROLONGATION OF THAT CERTAIN COURSE IN THE EASTERLY liNE OF SAID LOT 238 SHOWN AS "NORTH 000 31' 16" EAST 112.77 FEET"; THENCE ALONG SAID SOUTHERLY PROLONGATION AND EASTERLY liNE NORTH 000 31' 16" EAST 135.89 FEET AND NORTH 560 52' 20" EAST 6.95 FEET TO THE NORTHEASTERLY liNE OF SAID LOT 238; THENCE ALONG SAID NORTHEASTERLY liNE NORTH 470 09' 37" WEST 40.83 FEET TO THE NORTHEASTERLY PROLONGATION OF SAID NORTHWESTERLY liNE OF LOT 7; THENCE ALONG SAID PROLONGATION AND THE NORTHWESTERLY liNE OF SAID LOT 8 SOUTH 500 30' 08" WEST 109.78 FEET TO TRUE POINT OF BEGINNING. APN: 214-442-08-00 AN 214-642-36-00 PARCELB: PARCEL 1 IN CERTIFICATE OF COMPUANCE RECORDED MARCH 7, 2006 AS INSTRUMENT NO. 06-0156681, OFFICIAL RECORDS OF SAN DIEGO COUNTY. DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 9 OF CARLSBAD TRACT NO. 83-2 IN THE OTY OF CARlSBAD, COUNTY Rrst American Title • • Order Number: 2935841 (50) Page Number: 10 OF SAN DIEGO, STATE OF CAliFORNIA AS SHOWN ON MAP NO. 10815, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 10, 1984, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 9; THENCE ALONG THE EASTERLY liNE OF SAID LOT SOUTH 000 31' 16" WEST 143.88 FEET; THENCE NORTH 890 28' 44" WEST 15.02 FEET; THENCE SOUTH 640 OS' 48" WEST 23.90 FEET TO THE EASTERLY CORNER OF LOT 10 OF SAID MAP NO. 10815, SAID CORNER BEING AN ANGLE POINT IN THE SOUTHWESTERLY liNE OF SAID LOT 9; THENCE ALONG SAID SOUTHWESTERLY liNE AND THE NORTHWESTERLY liNE OF LOT 9 THROUGH THE FOLLOWING COURSES: NORTH 350 49' 39" WEST 103.76 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 470.00 FEET, A RADIAL liNE OF SAID CURVE FROM SAID POINT BEARS SOUTH 350 49' 39" EAST; THENCE ALONG SAID CURVE NORTHEASTERLY 3.52 FEET THROUGH A CENTRAL ANGLE OF 000 25' 47"; THENCE TANGENT FROM SAID CURVE NORTH 540 36' 08" EAST 117.40 FEET TO THE POINT OF BEGINNING. APN: 214-442-55-00 first American rtlfe • NOTICE • Order Number: 2935841 (50) Page Number: 11 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 capadty, wait a spedfied 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. Rrst American Title • EXHlBITA • Order Number: 2935841 (50) Page Number: 12 UST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POUCY TYPE) 1. CAUFORNIA lAND TITLE ASSOCIAllON SfANDARD COVERAGE POUCY -1990 SCHEDULEB 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: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that lev ies 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, mterests, or daims 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 enOJmbrances, or daims 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. (al Unpatented mining dalms; (b) reservations or exceptIOns in patents or 10 Acts authorizmg the ISSuance thereof; eel 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 thtS policy and the Company will not pay loss Of damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zomng Jaws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the ocOJpancy, 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 !and is or was a part; or (IV) enll'lronmental protection, or the effect of anv violation of these Jaws, ordmances 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 exc"Jded by (a) abo~e, except to the extent that a notice of the exerase 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 \'/ould 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 wrlting 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 daimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceabilrt.y 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 daim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction 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' nghts laws. 2. AMERICAN LAND TITLE ASSOCIAllON OWNER'S POUCY FORM B -1970 SCHEDULE OF EXCWSIONS FROM COVERAGE 1. 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 prohibltmg 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. Rtghts of emment domain or governmental nghts of pollee power unless notice of the exercise of such nghts appears 10 the public: records at Date of Policy. 3. Defects, liens, encumbrances, adverse daims, or other matters Ca) created, suffered, assumed or agreed to by the Insured dalmant; (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 poI'lCy and not disclosed in writing by the insured clannant to the Company prior to the date such insured claimant became an Insured hereunder; (e) resulting in no loss or damage to the msured claimant; (d) attaching or Rrst American Title • • Order Number: 2935841 (50) Page Number: 13 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured daimant had paid value for the estate or interest insured by this policy. 3. AMERICAN lAND 11TLE ASSOCIATION OWNER'S POUCY 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. SCHEDULEB This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: 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 daims which are not shown by the public records but which could be ascertained by an inspection of said land or by malong 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 hnes, 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; reservabons or exceptions 10 patents or in Acts authorIZing the issuance thereof; water nghts, dalms or title to water. 6. Any lien, or nght to a lien, for serYlces, labor or material heretofore or hereafter furnIShed, Imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY -1970 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCWSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (mduding 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 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. 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 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) attadling 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 constn.lctlon or completed at Date of Policy). 4. Un enforceability 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. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY -1970 WITH REGIONAL EXCEPTIONS When the American Land Trt:!e Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to cOl/erage appear in the policy. SCHEDULEB This policy does not insure against Joss or damage by reason of the matters shown in parts one and two following: 1. Taxes or assessments which are not shown as existing hens 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 daims 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 Unpatented mining claims; reservations or exceptions m patents or in Acts authonzmg the ISSuance thereof; water rights, daims or title to water. 6. Any hen, or fight to a hen, for services, labor or matenal theretofore or hereafter furnished, Imposed by law and not shown by the public records. First American Title • • Order Number: 2935841 (50) Page Number: 14 6. AMERICAN LAND TITlE ASSOCIATION LOAN POUCY -1992 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE EXCWSIONS FROM COVERAGE The following matters are expressly exduded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) fmy law/ ordinance or governmental regulation (including but not limited to building and zomng laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the ocrupancy, 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) fmy governmental police power not exduded by (a) above, except to the extent that a nooce 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 ocrurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, hens, 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 wntmg to the Company by the insured claimant pnor to the date the Insured clall11ant became an msured under thiS polICY; (c) resulting in no loss or damage to the insured claimant; (d) attadllng or created subsequent to Date of Policy (except to the extent that thIS polICY Insures the prionty of the hen of the insured mortgage over any statutory hen for seMteS, labor or material or the extent msurance IS afforded herem 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 Unenforceability of the hen of the Insured mortgage because of the Inability or failure of the insured at Date of Policy, or the Inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing bUSiness" laws of the state In which the land IS situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or daim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. fmy 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. 7. My 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 notK:e to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITlE ASSOCIATION LOAN POUCY -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 6 above are used and the folloWing exceptions to coverage appear in the policy. SCHEDULEB 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 authonty that levies taxes or assessments on real property or by the public records. 2. fmy 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 tines, shortage in area, encroachments, or any other facts whIch a correct survey would disdose, 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 nght to a lien, for 5erVItes, labor or material theretofore or hereafter furnished, imposed by law and not shown by the publIC records. 8. AMERICAN LAND TITlE ASSOCIATION OWNER'S POlICY -1992 Rrst AmeriCiln TJtIe • • Order Number: 2935841 (50) Page Number: 15 EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building 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; (m) 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 exduded 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) created, suffered, assumed or agreed to by the insured dalmant; (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 wntJng to the Company by the Insured daimant poor to the date the Insured claimant became an IOsured under thiS polICY; (c) resulting 10 no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting 10 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 aTises out of the transactJon vesting 10 the IOsured the estate or interest Insured by thIS poliCY, by reason of the operation of federal bankruptcy, state insolvency, or SImilar creditors' nghts 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 IOsured 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 judgment or lien creditor. 9. AMERICAN lAND TITLE ASSOCIATION OWNER'S POUCY -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 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage (arid 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 daims which are not shown by the public records but which could be ascertained by an inspection of said larld 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. Unpatented mining daims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, daims 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. 10. AMERICAN lAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POUCY -1987 EXCLUSIONS In addition to the Exceptions in Schedule 6, 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 ordlOances and also laws and regulations concerning: * land use '" land division ,. improvements on the land '" environmental protection ThIS exdUSlOl1 does not apply to VIOlations or the enforcement of these matters which appear in the public records at Pohcy Date. This exdUSlOl1 does not limit the zoning coverage described In items 12 and 13 of Covered Title RIsks. 2. The right to take the larld by condemning it. unless: Rrst American Title • • Order Number: 2935841 (50) Page Number: 16 * 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. 3. TrtIe 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 TII:Ie 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 exdusion does not limit the access coverage in Item 5 of Covered TrtIe Risks. 11. EAGLE PROTEcnON OWNER'S POUCY CLTA HOMEOWNER'S POUCY OF TITLE INSURANCE -1998 ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE -1998 Covered Risks 14 (SUbdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Enaoachment of boundary walls or fences) are subject to Dedudible Amounts and Maximum Dollar Umits of Uability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resultlng from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. budding b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exdusion 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. This exdusion does not limit the coverage described in Covered Risk 14, IS, 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 Exdusion 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 right 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. 5. Failure to pay value for Your TrtIe. 6. lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the land. This exdusion does not limit the coverage described in Covered Risk 11 or 18. UMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: Covered Risk 14, 15, 16 and 18, 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 Covered Risk 14: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 15: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 16: 1% of Policy Amount or $5,000.00 (whichever is less) Rrst American Tttle Our Maximum Dollar Limit of ~ $10,000.00 $25,000.00 $25,000.00 • Covered Risk 1B: 1% of Policy Amount or $2,500.00 (whichever is less) • Order Number: 2935841 (50) Page Number: 17 $5,000.00 12. SECOND GENERATION EAGLE LOAN POUCY AMERICAN LAND 11TLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POUCY(10/13/01} EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this IXllicy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building 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 Po!tcy. This exdusion does not limit the coverage prOVided under Covered RISks 12, 13, 14 and 16 of this policy. (b) Any governmental police polNer not exduded by Ca) above, except to the extent that a nooce of the exerdse thereof or a notice of a defect, hen 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 Covered RISks 12, 13, 14 and 16 of this policy. 2. Rights of eminent domain unless notice of the exerCIse thereof has been recorded tn the PubliC Records at Date of POlicy, but not exduding from coverage any taking which has occurred prior to Date of Policy which would be binding on the nghts of a purchaser for value WIthout Knowledge. 3. Defects, hens, 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 KnolNn to the Insured Claimant and not dISClosed in writing to the Company by the Insured Clalf11ant 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 Pohcy (thiS paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22,23,24, 25 and 26); 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 mabillty or failllre 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, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending laIN. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Polie;. This exclusion does not limit the coverage provided under Covered Risks 7, 8 (e) and 26. 7. Any claim of invalidity, unenforceabihty 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 in Covered Risk 8. B. 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 in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy 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 Date of Policy. 13. SECOND GENERATION EAGLE LOAN POUCY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (10/13/01) WITH REGIONAL EXCEPllONS When the American Land Title Assodation 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 followtn!';! exceptions to coverage appear in the policy. SCHEDULEB 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 exlStmg liens by the records of any taxing authority that levIeS taxes or assessments on real property or by the public records. 2. Any facts, nghts, interests, or claims which are not shown by the public records but whICh could be ascertained by an inspection of said land or by makmg Inquiry of persons in possessiOn thereof. First American Title • • Order Number: 2935841 (50) Page Number: 18 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. 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. 14. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY -2006 EXCWSIONS 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 (mcluding 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, ordmances, or governmental regulatIOns. ThIS ExclUSion l(a) does not modify or limit the coverage prOlllded under Covered RISk 5. (b) Any governmental police power. This ExclUSion l(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 Joss 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 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Oaimant had paid value for the Insured Mortgage. 4. Unenforceabihty of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credIt protection or truth-in-Iending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors? rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. MY hen on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Pubhc Records. This ExclUSion does not modify or limit the coverage provided under Covered Risk l1(b). 15. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY -2006 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 14 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB 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: Rrst AmeriCiln Title • • 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 daims that are not shown by the Public Records but that could be ascertamed by an inspection of the Land or that may be asserted by persons in possession of the land. 3. Easements, liens or encumbrances, or daims 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 daims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (cl water rights, daims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY -2006 EXCLUSIONS FROM COVERAGE The following matters are expressly exduded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (induding those relating to building and zoning) restrictJng, regulating, prohibiting, or relabng 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 subdMSIOn of land; or (IV) enVironmental protection;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion lea) does not modify or limit the coverage provided under Covered RISk 5. (b) Any governmental police power. ThIS Exdusion l{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, hens, encumbrances, adverse daims, 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 poliq·; (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 RISks 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 daim, 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 betl\leen Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as sho\ .. n in Schedule A. 17. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY -2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Pohcy the exdusions set forth in paragraph 16 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB 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. (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 daims that are not sho\l\'l1 by the Public Records but that could be ascertained by an inspectJon of the Land or that may be asserted by persons In possession of the Land. 3. Easements, hens or encumbrances, or claims thereof, not shown by the PublIC Records. 4. Any encroachment, encumbrance, violabon, variation, or adverse CIrcumstance affectJng 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 daims; (b) reservations or excepttons in patents or In Acts authoriZIng the ISSuance thereof; (c) water nghts, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Pubhc Records. Rrst American Title • • 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. Rrst American has also adopted broader guidelines that govern our use of personal information regardless of its source. Rrst American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, 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: (1) as necessary for us to provide 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, we may also provide an the information we collect, as described above, to companies that perform marketing services on our belialf, 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 Rrst American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your non public personal information. © 2001 The First American Corporation • All Rights Reserved • STANDARD PACIFIC HOMES November 19, 2008 Mr. Chris Garcia Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: COP 07-09 and COP 07-10 Dear Chris: RECEIVED t\~fJ,! 1 9 20ns CITY OF CARLSBAD PLANNING DEPT Thank you for your time yesterday to discuss the above referenced applications on Alyssum Road. As I mentioned to you, Standard Pacific Homes was the developer of The Bay Collection and Vista Pacifica. During the tentative map process for The Bay Collection (ThompsonlTabata CT 98-14), the City directed Standard Pacific Homes to eliminate the extension of Alyssum Road into The Bay Collection and design a permanent cui de sac. At the time the two remaining lots at the end of Alyssum Road were owned by Standard Pacific Homes. The City specifically requested Standard Pacific Homes to build smaller homes, to be more compatible with the existing Vista Pacifica Homes, rather than the larger homes of The Bay Collection. Additionally the City held Standard Pacific Homes to a very high standard with respect to the architecture for The Bay Collection. These two homes were to be consistent with the existing Spanish architecture of Vista Pacifica. In reviewing the proposed architecture, the size of the homes, 3,725 SF and 3,258 SF respectively for lots 8 and 9 are not consistent with the existing size of the Vista Pacifica homes. The scale and mass of these homes are not in harmony with either communities, Vista Pacifica or The Bay Collection. The selection of .. s" tile roof is the only trace of "Spanish" architecture. The existing two -story homes in Vista Pacifica have a one-story feel from the street, as the second story is recessed back behind the garage and front living space versus the proposed architecture which has the second story element from the front of the garage all the way to the rear of the home. The footprint of the existing homes is relatively similar in size, thus allowing the homes to line up side by side where the backyard area is open from lot to lot. The size of the proposed homes has a very small backyard and the footprint of the homes will extend further into the lot than the existing homes. Unfortunately the homes are set at the minimum five foot side yard setback, with no architectural relief on the side elevation. The mass of the homes will encroach into the privacy of the lots and will overpower the existing homes adjacent to lots 8 and 9 and the surrounding homes. Furthermore. there is no architectural relief or articulation on the front, side or rear elevation. Lot 8 backs up to Poinsettia Lane, the back of the home will be highly visible from the street, and there are no enhancements or architectural details on the rear elevation for this home. San Die!!o Di\ i,ion 5i50 Fleet Street, Suite "2(10 Carl-bad. CA 9:!(108 TEL 760.602.6800 E~X 76l1.602.6880 v.'v.v.'.standardpacifichomes.com Mr. Chris Garcia November 19, 2008 • In summary we respectfully request both the planning department and planning commission to direct the applicant to revise the architecture to be more compatible with the existing Vista Pacifica homes, both in size and architecture, specifically to reduce the mass in the front of the homes and incorporate architectural details and enhancements consistent with Spanish architecture. We thank you in advance for your consideration. Respectfully, .. j / r ---f:.&L • ~ 110! _=~I.III''''''''-. . -. ~ 'l'J:caR 'l'HLl: IRStJUl'CS -----, IlaYiIl ». 'I1IoIIpeoR P. O. IOJt 1411 Cadsbad. 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LDIB '1'0 DID POXft BU.U SOUft 5'-43-50 Was'.f; YBBMCB .ORrBBaLY ~ 'l'BB ARC or SAXD Cv.vB '.fBaoUCB A CBW'J'a&L ~LB OF 31-47-18 A DIS~A»CB or 38.84 ~, ftZIICa '.fAKBIn' '1'0 SAID CUJrf'B IIOItft 1-31-08 BAS'l', 254.03 rBft 'J'O '.fDB BBGlBMl.a or A '.fAWG~ 125.10 POO'J' .aDIUS CO.VB CO.caVE WBS'fDLY; ftBIICB ..w:Bal.Y AI.C*G ft1l A»C 01" SAXD CUItVB ~ A CB1I'.l'ltAL AJlGLB or 40-11-08 A DJ:UAIICa or 83.31 rBB!' 1'0 'I'IIB BItIIDIOS or BIB lIDBDI DJIPCIIIBIID S'I'ItIP or loUD. 'I'IIB SXDBLXns OF SAID 8ftI" Or LA1ID AU 'to BUXlI XW A LlD 'J'BA'1' BlWt8 waD 0-31-01 BAS!' DWOUGB DB I'OlJl'!' or lurc:xDXlIG AWD BIID 1. A LIn 'J.'BA!' BBAaS IIO~ 50-30-10 U8'l' DaOOGB TBB pOlwr or 'l'DIIlIfUS. ... .;.. . r!~"""""""""'~ ~ • '1m" "ZZ;"t; #$ .... " <' .... _ .. .. ...,.".,............;T~-;--~,~.~, ..... ~ ....... ... .................... -.\,~: ,-r .-....~ ........................................ ..... ............. U. ; , ................. -...-............. . ~ ........ -- J --, t \ \ , I --------. -- . . \ . ~1-~. - >.-'" .... _- -- i .:.. :: i-J -----------~ ('. >~~ •• '. " --,- \ \ .. .. • • Vista Pacifica Property Owners Association 3PHf; p,,, P,co DriY<.:. Ste. 21 H) C~rlsbad. C\ '):CIKIf; July 9,2008 E & R Partners, LLC Victor Salem 1955 San Diego Ave. San Diego, CA 92110 RECEIVED AUG 262008 CITY OF CARLSBAD PLANNING DEPT Phone: 760-720-0900 Fa.'" 760-720-0085 RE: Vista Pacifica (VP) Property Owners Association (HOA) Architectural Review Committee (ARC) response to proposed homes within Vista Pacifica, Lots #8 and #9. Dear Mr. Salem, The Board received your plans and would like to thank you for your prompt response. Your responses to the Boards corrections were appreciated. At this time they would like to re-confirm the following: 1) Wrought iron railing on balconies and second level: The railing at the balcony was changed and simplified to look like wood railing. The railing will be constructed of metal tubes with sizes same as wood standard sizes. 2) Roof tiles: Was changed to match existing VP homes per revised exterior elevations. 3) Exterior color/paint schemes: Were changed to match VP color schemes per revised exterior elevations. 4) Garage door color: Was changed to match plaster color per revised exterior elevations .. 5) Front yard/backyard: Site plans were revised to show front yard and landscaping area to be maintained by VP-HOA, also fences to match existing added to define front yard. 6) Irrigation/Landscaping: The developer/owner agrees to submit landscape and irrigation plans for the front yard to the VP-HOA for their approval before the start of the construction of the homes. Again thank you for supplying your responses, Please feel free to contact me if you have any question with regard to this matter, I will be happy to assist you. Respectfully, FOR THE VISTA PACIFICA BOARD OF DIRECTORS Donna Beaulieu Association Manager y' ,.,. • • RESPONSE TO VISTA PACIFICA PROPERTY OWNERS ASSOCIATION: THE FOLLOWING IS A RESPONSE TO THE VP-HOA CORRECTIONS DATED 01-30-2008: 1. THE RAILING AT THE BALCONY WAS CHANGED AND SIMPLIFIED TO LOOK LIKE WOOD RAILING. THE RAILING WILL BE CONSTRUCTED OF METAL TUBES WITH SIZES SAME AS WOOD STANDARD SIZES. 2. THE ROOF TILE WAS CHAl"\J"GED TO MATCH EXISTING VP HOMES PER REVISED EXTERIOR ELEVATIONS. 3. EXTERIOR COLOR SCHEMES WERE CHANGES TO MATCH VP COLOR SCHEMES PER REVISED EXTERIOR ELEVATIONS. 4. GARAGE DOOR COLOR WAS CHANGED TO 1\1A TCH PLASTER COLOR PER REVISED EXTERIOR ELEVATIONS. 5. SITE PLANS WERE REVISED TO SHOW FRONT YARD AND LANDSCAPING AREA TO BE MAINTAINED BY VP-HOA, ALSO FENCES TO !vIA TCH EXISTING ADDED TO DEFINE FRONT YARD. 6. THE DEVELOPER/OWNER AGREES TO SUBMIT LANDSCAPE AND IRRIGATION PLANS FOR THE FRONT YARD TO THE VP-HOA FOR THEIR APPROVAL BEFORE THE START OF THE CONSTRUCTION OF THE HOMES. • • Vista Pacifica Property Owners Association l'h,7'~ ";'(,/1-'7';1'-11';'111 I t\. ""'( ~ -.:..'" 1.1" .... ~ January 30, 2008 E & R Partners, LLC Victor Salem 1955 San Diego Ave. San Diego, CA 92110 RECEIVED AUG 2 6 2C"~ CITY OF CARLSBAD PLANNING DEPT RE: Vista Pacifica (VP) Property Owners Association (HOA) Architectural Review Committee (ARC) response to proposed homes withm Vista Pacifica. Lots #8 and #9 Dear Mr. Salem, While the design of the homes proposed for VP lots #8 and #9 are generally acceptable to tne VP. HOA It IS worth noting that the overall sizes of both homes far exceed that of any eXisting VP homes The largest original existing homes within VP are approximately 2100 ft2 and, with a recently built approved room addition, one home is now approximately 2600 ftt. The proposed homes sizes exceed 3000 ft2 (and up to 3725 ft2) raise a subjective concern that they are SImply too large and inconsistent. The following elements within the currently proposed and submitted design plans are disapproved VP-HOA and the required change is noted, or clarification of compliance IS required 1) Wrought iron railing on balconies and second level: There is no other home within VP with wrought iron railings or accents on second level and therefore deemed inconsistent with all other homes within VP. The wrought iron shall be replaced with a wood or stucco design and painted per VP paint palette and painting guidelines. 2} Roof tiles. multicofor: All homes within VP have matching, uniform colored mot tiles RC0f tiles shall be single color in red shade and design matching all other VP homes 3) Exterior colorlpaint schemes: The submitted color schemes for stucco, trim and accents and the use of multiple accent colors do not exist within VP and are disapproved. VP has an approved color palette with 13 schemes from which developer may select. Developer may contact GRG Management to reView the VP notebook contaming these schemes. 4) Garage door color' The garage door color shall not be white. Garage door color must match either the stucco or major trim color as selected and approved as part of Item #3 above. • of 3 • • 5) Front yard/backyard separation wall: From the submitted plans it was not obvIous to the VP ARC that a wall separating the front yard from the back yard is part of the plans and if so, Its construction materials. To be consistent with VP and to clearly demarcate the front yard areas to be mamtained by the VP-HOA a front facing wall must be installed. The wall must run the entire of width of the lot from the property line on both sides and attach to the house or garage with an allowance for entryways. A gated entryway to one or both sides for entry to the house is acceptable Should a main entry gate be desired. it shall only be black painted wrought Iron and its design will require separate review and approval by VP ARC Should a side gate entry be also desired it shall be wood and painted to match either the stucco color or major tnm color. 6) Front yard irrigation system and landscaping: The front yards of all homes within VP are malntamed by the homeowners association (VP-HOA) The plans submitted do ro: ;:>rO'/lde clarity between property lines. All VP front yards have both a combination of lawn area and planter bed(s) and these two areas have separate irrigation systems connected Into the VP- HOA system, The front yard lawns, planter bed(s). irrigation lines and their connection to the VP-HOA system were installed by the builder prior to sale of the homes No plan was prOVided for the front yard landscaping design or the Irngaflon system for revIew and apprO\lal. a The developer (or City of Carlsbad) must provide VP-HOA With a map. which detailS the legal property lines breaks and ownerships between these VP lots. adjacent Bay CoHection homeowners' property. VP-HOA common area, Bay Collection common area and City of Carlsbad. b The developer must submit a plan to and obtain approval from VP-HOA for the layout of the front yard irrigation systems and their connections to VP-HOA systems and connection to any VP common areas. c The developer must submit a plan or a landscape architect's detail sketch shOwing the front-yard landscaping plan that clearly shows overall design and details of lawn area(s), planter bed(s) and trees and their types d The selection of shrubs and/or trees must be in compliance with current VP-HOA approved selections and are subject to approval of VP-HOA landscape committee To aVOld delays and/of pOSSible rejections. the VP-HOA highly recommends the developer wor'" with the VP-HOA lar.dscape committEE to pre-sele;ct approved p:ants and/or trees, All front lawns must be Marathon or equal sod, e. The developer shall install front yard irrigation lines, make their connections to the VP systems and instal! all front yard landscaping at hiS expense. These Items must be completed not later than 15 days after completion of the homes construction After completed installation and approval from VP-HOA landscape contractor that tre Irrigation systems are properly Installed and functionmg. the ma'ntenance of the front- yard landscapmg will be assumed by the '/P-HOA ::>er the CC&R s The developer shall also be responsible for establishing maintaining or repalflng connections to any VP-HOA common areas adjacent to his properties dunng construction 2 of 3 • • Please feel free to contact me if you have any question wiih regard to this matter, I 'I,dl be har:;Pl to assist you. Respectfully. FOR THE VISTA Pft.CIFfCA BOARD OF DIRECTORS -I-' t.( J.. i ( ( t '--- Jill Thelen Association Manager cc EVS Enterprises Inc Evan Salem Ene 2180 San Diego Ave San Diego CA 92110 City of Carlsbad -Planning Department • Mr. Chris Garcia City of Cartsbad Planning Department 1635 Faraday Avenue Cartsbad, California 92008 Mr. Garcia: • RECEIVED rxov 1 7 2008 CITY OF CARLSBAD PU\NNING DEPT November 17,2008 This letter is being delivered to your office on Monday, November 17, 2008, at 7:30 AM, so that the information can be considered during review of the cases COP 07-09 -Salem Residence Lot 8 and COP 07-10 -Salem Residence Lot 9. After receiving the Notice of Public Hearing for the above lots, several neighbors have been discussing the impact of the proposed designs. We believe the size of the proposed houses should be reduced and recommend the following comments be considered by the commissioners. The proposed 3,725 sq. it house on lot 8 and the 3,258 sq. it house on lot 9 are both substantially larger than all the 190 houses in the VIS1a Pacifica development The houses in VIS1a Pacifica are 1,289 to 2,104 sq. it Specifically, the proposed houses are 57%-77% larger than the largest home in Vista Pacifica. They are also 28% larger than the typical home in the Bay Colleclion neighborhood. Another impact of building much larger houses on lots 8 and 9 is shrinking the separation between houses and reducing privacy. The building lot coverage figure of 29.7% for lot 9 is the result of dividing the First Floor Area + Garage Floor Area by the Site Area per (1,431+476)/6408. However, if instead of the total site area, a figure for total flat site area is used, then the coverage % is much higher. The net impact of the current definition of lot coverage is that the calculation can be at 30% but the house can look like it is very tightly packed onto a small level area. The following statement about lots 8 and 9 on Alyssum Road on page 5 of 26 of the Disclosure Addendum (see attachment) is in the purchase agreements for the Bay Collection houses: "The size of the homes will be smaller than the homes at the Bay Colleclion." Because the proposed houses are larger than 2,840 sq. it (smallest house in the Bay Collection), someone did not honor the commibnent in the purchase agreements. The Vista Pacifica neighborhood houses were built from a common set of house designs in the same way as the Bay Collection neighborhood. Building a house much larger than others in an existing tract development has more impact on the appearance of the neighborhood than if it was in a neighborhood of custom houses. The proposed house designs for lots 8 and 9 are not in harmony with the surrounding neighborhood. For all the above reasons, we believe the Planning Commission should request that the size of the houses on lots 8 and 9 be reduced. Sincerely. Neighbors in the Bay Collection and VIS1a Pacifica (signatures attached) Signature Signature ~/~ 1.00 Ne.jS 0/\ Signature Signature Signature Allru • SiJ~ Signature • 7bf)/ . o l ro c(,J rJ" rJ\ 0 ~ ~L-~ (cAf/"v;/]!if) (00 ~ .. 0 ~ to 1 Address Phone Address Phone Address Phone Address Phone 700C] rv1wdt W~ V) a z,6 '(-11'73 Address Phone 7ro~ {V)wS~ VJr-(~ 7hD 2(013 -)473' Address Phone 7o~ /J1~r~h UUZ/l 51-'lhO -1..(.3 (-0853 Address Phone Address Address 70 .2 b /'vltvv!> ~ ~v<~-e Address 760-4-39--#03 Phone I ' Phone 7 bC) <.-9/ t3.:-? 5-3.~ Phone • • 7Jo-9/;' 9535 Address Phone ~~-~~ __ < ____ 1~Dt~~~~~ ____ ~?h~O_.~q_3~/-~lI~] Signature Phone Signature Phone AJ &u/UA7--b Phone Address Phone rt,;;-&o/SJ'q~ /:f 7Co tf71-tXJt/1 Address r Phone Signature Address Phone Signature Address Phone Signature Address Phone Signature Address Phone J ! Signature Address Phone • Attachments Notice of Public Hearing, COP 07-09 -Salem Residence Lot 8 Notice of Public Hearing, CDP 07-10 -Salem Residence Lot 9 • A Report to the Planning Commission -COP 07-10 Salem Residence Lot 9 Disclosure Addendum page 5 of 26 of the sales contract between Standard Pacific and owners in the Bay Collection Subdivision maps for Vista Pacifica including house sq. ft. information • • Cit of C-arlsbad -------------,~-------- NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, November 19, 2008, to consider a request for the following: CASE NAME: PUBUSH DATE: COP 07-09 -Salem Residence lot 8 November 7, 2008 DESCRIPTION: Request for approval of a Coastal Development Permit to allow for the construction of a 3,725 square foot single family residence located at 964 Alyssum Road within the Mello I segment of the City's local Coastal Program and local Facilities Management Zone 4. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.ci.carlsbad.ca.us/pdfdoc.html?pid=295 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Chris Garcia in the Planning Department at (760) 602-4622. Monday through Thursday 7:30 a.m. to 5:30 p.m .• Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. [] Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. [] Coastal Commission Appealable Project: o [g] [8] This site is located within the Coastal Zone Appealahle Area. This site is not located within the Coastal Zone Appealable Area. Application deemed complete: 0512312007 Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Dtive, Suite 103, San Diego, California 92108-4402. CITY OF CARlSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314. (760) 602-4600 • FAX (760) 602~ • www.ci.car1sbad.ca.us * • SlTEItfAP • N • NOT TO SCALE Salem Residence Lot 8 COP 07-09 • • Cit of C-arlsbad --------------~------~ NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, November 19, 2008, to consider a request for the following: CASE NAME: PUBLISH DATE: COP 07-10 -Salem Residence Lot 9 November 7, 2008 DESCRIPTION: Request for approval of a Coastal Development Permit to allow for the construction of a 3,258 square foot single family residence located at 957 Alyssum Road within the Mello I segment of the City's Local Coastal Program and Local Facilities Management Zone 4. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.ci.carlsbad.ca.us/pdfdoc.html?pid=295 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notifted of the decision, please contact Chris Garcia in the Planning Department at (760) 602-4622, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. [J Appeals to the City COUncil: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. [J Coastal Commission Appealable Project: D [gI lZJ This site is located within the Coastal Zone Appealable Area. This site is not located within the Coastal Zone Appealable Area. Application deemed complete: 0512312007 Where the decision is appealable to the Coastal Commission, appeals must be filed With the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will condude. TIle San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103. San Diego. California 92108-4402. CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314· (760) 602-4600 • FAX (760) 602~ • www.ci.cartsbad.ca..us * • SITE MAP • N • !I--------t (II :x :e ... ~ 1-------1 OIl -I NOT TO SCALE Salem Residence Lot 9 CDP 07-10 • • fte CltJ of Carlsbad PIMping JJeparUneJlt A REPORT TO THE PLANNING COMMISSION Ih;,m 1\0. P.e. AGENDA OF: 1\m"l.:mh\.T lQ. 2008 Appbcat1 .. )n complete' date: ,fay 23. :!fIOi Ptcjt!'ct PJanm:r: ehns Garcia SCBJECT: COP 07-10 -SALEM RESIDE]'\CE LOT 9 -Ratuesl for appfmal of a Coastal De\"clopmcnt Pt:nnil to allow for the cunstruction of a 3,25R s4uare foot .;ingle family residence located at 957 Alyssum Road within the Mello I <>cgmcnt of the City's Local Coastall'rogram and Local Facilities \,1anagement Zone 4. I. RECO:\fl\lE~DA TION That the Plannmg Commission ADOPT Plru:mjng Commission Rl.-st.)]ution "10. 6510 APPRO\T'lG loa.;tal Dcydnpmcnt Pcnmt CDP 07-10 ba~"'ti upon th.: jindings and subject t(l the conditions containoo therein. II. JNTROnt:CTION Pursuant to Section :!L~01.030 of th~ Carlsbad Municipal Code. the construction uf a single family home within the City's Coastal Zone n.-quircs the processing and appro\'al of a Coas.tal Development Permit (COP). The CDP application \\as rC\lcwcd t'(lr consistency with L\'lCal Coastal Pr4.."Jgram (I.CP) policies and implementation. There arc no unrcsoh"cd issul!s. The statT rc~onum;'1ldation of approval with conditions is supported by the analysis as follows. HI. PROJECT DESCRIPTION AND BACKGROUND J'rujed Sitc:/Setting: The undc\'elopcd infilliot is located at 957 Alyssum Road as shown on the <!t1adll:d location map. The lot area is .15 acH.'S (6,-l08 square fcet) and is not located in the appeal jurisdictiQn of the California Coastal CQmmission. The yucant IQt h. a part of the original Sea Pines Unit 1 subdivision (CT 83-02) approycd in 1983. The lot was. neV\.'f developed. but is part of the Vista Pacifica Home 0\\ nl.-r~ A~suciati(lll and h, subject to their CC &Rs \\ hich include design review. PrQposed Residential Construction: The applicant is proposing a new two story single ii.ullily n .. -sidt."I1ce totaling. 3,258 square feet "ith an attached 476 square f()(\t garage. J~..,s"~~!t~jra_ding: Estimated grading quantities include 50 cubic yard .. (cy) f~f cut with 50 cy of export. A grading pt.'Illlit will not be requIred for thIS project. ImJ!acl oTJ"J'oastajR~nurlXS: lhc dc\dopmcnt is. a single family residence on a vacant lot: nQ agricultural activities, sensitive resources. geological instability, or flood hazard exist onsite and o • CDP 07-10 -SALEM RESIDE:K'CE LOT 9 ~O\'cmher 19, 200R Page 2 • the dC\'doprncnt docs not obstruct 'lews of th~ c~~3.."tlinc .:L'" seen fh)n1 puhlic lands or public right-uf-way or OlhCnYlSC damage the \isual beauty of the c("IJ3tal 7.onc. IV. ANALYSIS The project is SUbJCCI10 the follo\\ing rcguIati0I1S and r..:quir..:mt.:nts: A. Gel1C1.l1 Plan R\l (Re"id\!nthll \1edilllll Dem;ity) de~igllltion: B. RD-~l (RcsidcntiJl Density Medium) zone (Cll:.lptcr 21.2-1 of the Carlsbad ~lul1icipJI Cod~: C. C\l;lslaI DI.:'\dllpmmt Regulations for tlle \ldlo I LCP Segll1(:nt and CUd:>lal R~uun:c Pr()1c.;tr,m O\'crlay Zone (Chaplers 11.201 and 21.203 of thl!' Curlsbau \Ium.;ipal C1'UC): and The rccoilllllcndation for appn)'V.;tT t..,f thi~ pflljecr \\'.:.1..'>, lit:\ dl)peJ by analyzing the prl)jccf 5, cl.'l1~i!;{\,:ncy \\ith the applicable city H!"ciuJatlons ;:md pt.""'Ilides. The project's compliJ]1cc with cJ:cn (-,ftIlt! ahu\'t! r~guI.J.ti(lm is discU5S..::d in dcwH in the sc~tions helow. A. General Plan TIlC' proposed project is consi~teI1.t with the polidt!s uml progr-.J.ln~ of the Gencr.:tl PI::m. The property 11:1s a Gcnl..T..ll PI;m JI.~ignation of R..\1. The R\1 desjgn~tfon allows the dc\'dopmt:nt L.r a -:;in[~1e-t;lmHy Tc.;;,dencc nn any legal Illt that l:Xish:d prior to Odohcr 28. 200';. and \'.h.ich is. de"igTl.;Lt~d and zont:d f(lf r~sid-:ntial usc. Th~ prop\J£cd singlc-fantiIs rcsidcnr.:~ is c(ll)sistcnt \,,-ith ill.: lanu use t)pe and density regulations for tht! pmpcrty. B. RD-l\I Z{)nC' Regulations As shown on the RD-l\l zone and CL'd31al Dc\c!oprncnt COTl1pJiancc Tnhk .. 1 ilnd 2 bell'w. the pr(lp,,-'!~cd dc\'dnrment is in compliance with all RD-~l .;wning uno all .. lppHcabTc Local Coastal Plan regulations. TABLE 1-RD-l\I ZO~E DEYELOPl\lE~T STA .. "IDARDS - STANnARD REQLIREDL\LLO\\'ED PROPOSED Front Yard Setback .:!U" 20' Side Yard Setback 5· 5' Rear Yard Setback 10" 10' \--fax BuiIdim~ Height 35' .:!T9" Lot Cmt.."fagc 60~o 21.J.7uo • • CUP 07-lfJ --SALE\1 RfSJOE'\lCE LOT \} Noyember 19. :W08 Pav,e~3~ __________________________ __ c. Coa~tal Development Regulations for the 1\JcUo I LCP Sl.'g,mcnt and the Cnastal Resource Protection Onrlay Zone TABLE 2 -COASTAl. Dt:VELOP1\fE1\"T ST,\"'DARDS --- COASTAl.. DE\,ELOPl\1E~T COllPL~""C£ TABLE LCP Lmd lJse Plan R.\l (Residential Mcdiul1l Density) lC'V Zt:lTIlng RD-M (Residential Densitv l\lult~ph:) G~,:m,T.ll PIan R\f (Residential Medium Dt.'ll.-.ity) lr.ning .. RD-l\l (Residential Density ~1ultiph:) Gri.1dill~ Pertuit Required No Hillside Dc-yclopment Pennit Required No l'\ariyc Vegctation ImpacL .. No 1 , Mellu I LCP SemnenJ ... -, The project ~itc is k'catctl \\ ithin tlu: .\kIlo J Segment (If the LnC.i1 ('nastal Pr(I.P'aITl and h not Tn the .1ppe:ll Jurisdic!TPn. The site is also 10c:1tro within and subject 10 the 0)3SI.11 Reo;oun:e PrtJ1t:ctlu:l 0\ crlay Zone (ChJptcr ~ T .203) of the (';,if I ~haJ Municipal C (}dc. The project prop('~es to conslruct a Jl~W 3,258 square t'0ot single family residence v,;1h attached tw~r-c..tr g..rragt!' in an arc.l dcsigniited for n:sidl;.'111ial dt:\ d('pmcl1t. TIl\: subject site has ,;tn LCP Land USt!' Plan ~k.~ign3.tion of &\ 1 tRcsjdenti.u ~1edium D.;;nsit.;:). ,\ ... hich allows f\)r 6.0 dwdling units 1' .. '1' ;:tete at the Growth l\.tmugcrm::nt Contrl...~I Point. -rhl.: proposed singlc-f;:mulj r.;;sidcncc is cl'nsIsf.ent \\ith the I~mJ us~ 1)1'1;.' and density regulations for the property. TIle propo$cd two-story, single-family residence would he cun~istcnl \\'ith 1111::' sun'ounding dc\'(~lopmcnt of one and two-story singk-f .. ullily h(lml...~. The two-stors residence \1'iH nof t=,b,,1TUCl Vlc\\'S of the-CQa~t1inc as seen n-om pUblic lands ,-'If the public right-of·w..iY. nor o1hendse damage I.l,~ visual1h:auty of the c(·::t~1;;t1 Z(tl1c. ~o ;;!g.ricullur..u uses cUlT\.ntly ~:\iSl on the site. nor arc th:I,.T~ any !s1.:n~iti\.: rI .. "!oour('es-located on the property_ TIle PrtJP~)"5cd singk-1iimil,Y rcsidenc~ is not located in an :.U'\..'a of known gi:ulogic instability Qr flood hUJrd. Since tlll.: site i~ not located in dos~ proximity to th~ CO:1st. no public iJpp(lrtunltic~ fbr Cfl3..<;;taJ 5hClreline access an: :J.\'ailabk from tl1t!' subject s1te. Th~ re~idel1tia11y lk~ignah:d site is not l:'uhed for wat~r-orkn1t!'d n:crt:atiou actidtil.:s. CU:J.l':'tal R600rce Protection O,,'erla\' Zone ThL: prnjl.:tl is eOllsistent with the pro\ isions uf thl.: C 1..1:.t!-w1 RC!:'-OUfCC-ProtecTion OY~rby lUllt." (Cltaptc-f :!I.:!U3 of the Zoning Ordinance) 1n th3t the prOject \"H adhcr~ tu the City's 'fa"tcr Drainage Plan. Gr.JJing Ordin;;mcC'. Stonn \\' atcr OrJinanc~. St~md3rd Urban SlUffil Water l\'lItlgati"m JrIan (SUSl\1P) and Juri5dictional tJrh.:m Run(-.ff Management Program (JCRMP) to a\oitl in~n:a~d urb.tII rull fin: pollutants :Ind ~l-.d t:1'osion. ']'\0 development IS proposed in areas of steep slopes (coa~al blurt) and no native vegetation is located on the subjt:t.:t prupcl1), The site is. not located in an area prone to landslides, or susceptible Lo .u;cckrdh.-.d erosjon. floods or 1iqucfaction_ • CDP 07-1O-SALEM RESIDF1"'CF LOT\') !\:o\'ember 19,2008 Page..t D. Grmuh Management • 111': pr\.p('\s~d project is located within Local F aciIities Manag~m"'TIt Zom.: 4 in the ~(\uthw~sl quadr.ml of tht: City, The pnJj~ct will crc;,tle lilth.: imp;.tct on loc;'u ktciHti~'!. bl.:~usL· only em!: singk-f;.umly rc:;Idt:llCC i~ pmlX')s" .... l The prt."ljecC-; c0nfiJm1anCe with till;! ft!qmn:m.t:nts of tiw Gn)~\.1h \1i:1n..tgemcnt Regulation:; is dctaikd in Tabl\: 3 bdL\\,.: ~ -. -~ TABLE 1-GRO\\TH :\L-\N ·\Gt:l\IE~'" COl\lPLI·\J'\lCE ST,.~NnARJ) I:\IPACTS/STANDARDS ! COMPLY CIty Admjnjstrall\~n _. fbi . . ~.r·-rsq ft ! Yes library _1.8542 MJ. n. Yes ---- Wasle: Walt." Treatment lEDU i Yes --, Park I .006953 a,-Te Yt"~ Drainage i 1.5 CFS Dr..tlu<1l!t' na~ill "0" "fe" , 1----,,--' 'r -----.. Circulation I 10ADT y~ Fire T StatIon \:0 . ..J Yes 1------,- [ f\i:\ Open Space "1,',\ 'Sch(j~')I Distncts (CnrJ<;b::Hi Vnified) , Eh:ment..1I) -(l.:~339 ~ Middle-SchvoI -0.1171 \'\."'!i [ Hi!!11 School 0.1441 I -Sewer (CarJ,had) I I EDU I)' I l.~ Wa1c:r learh-bad' I ]:!O GPD 1 Yes rIll.: pn:~(;"::f ;;,i1(" lS tnc.1Ti!d \'\ithin the ~t!;.t con:n.:J by LC1;;al r:.tdlitic~ \l~Jl:.!cmcn\ ZU)1\,: 4. Thl..'T~ •. m: nLl ~;p..:d>.tl CQndlticm:; ('1" l\:quin:1UC'nh. \\i1hin the Zone -.t to';;.11 racHitic,,, Xbn;:r£.t:mt:nt Pkm thrl1 (lpply to thi~ sin)!k-finntJ} r~"tLt""1lfj,!1 PTHjt::C1. I h:l\\t::u:r Iht:' prqj,l;:d j~ c(.nditwlll..:d to p..1y tIlt: appropriate public facility tcC's, water .md ~I;'wcr cf\Un~~litln 1\:~.;. t'.1ffic irnp,u.:t tCl.:' .... ,mJ ::..dK·(ll fcC$. ~-\l1 t::tcility impro\'cmcnt" nt:cc:'<~.rr:y t\."'t accommodatl:' thl: dc\'d0pm..:nt \,>iIl be in place priClf It.l. (If \.·j\nt.:lJ'IT~"Ttt \\,j1h d\!\\:lnpfl1l..:nL The,d;''trc. the projed i!-. ~(ll1sis1C'nt \'dID the Zone 4 Local Facilities l\'lanagemcnt Plan. At tile R~l Gr •. l\Hh "1;mag:I..'1Dcflt Control roinf of fdl dwdling ullib pcr a.:n::. 1.0 dwdling unit is ..llinwed £In the subjed ~~jt1."', The rr('ljccr pn,"Ip0t;;c,,-; 1 dwelhng unit :J.nJ is .1 h of :t unil O\CT th .... GMCP. \'. EN\'IRO~'fF.NT:\I. REVIE\\' A. St:".::t i, In 15303 (If (' EQ.I \ ~xcmpti01l.S (C1.:e.::, 3) e.\.cmprs the Ci)nstructk"n of ~ingk family rl.~hle:ll\:~::' ill llrbi.lniz\.'d ,1ft;<};; from cnyiwnl11l."ntal n:"\ h~\\, A \1otic~ uf E.XL:mpuoll will be fik,\:! by the Pkuming Dir..:ctor upon pwject appro\"aT. I I • CDP 07-10 -SALE\" RES1DE~CE LOT 9 No\cmblv1" 19.2008 IJage :1 A TTACHl\IE.NTS: I. ... .). 4. 5. 6. "1 I. Planning Commissiun Rt:solution No. 6510 Location t\lap Disclosure Statement Background Data Sheet Local Facilities Impact Assessment F(lnn Rl~uced Exhibits Exhibits "A"~"G" dated No\'emhcf 19. 2008 • • • L.-...I--______________ --' • \ j J ! I j I I I \ ' \ \. • • • '1UI.o~n'l:;l '0'11$18'1:;1 11'1011 "'USAl. til 1.1.01 J~RIIOISI • .\, •• V:I iI'DR" • liB~ ~ E~ i --in, , . , , , , , , . . . , , , : . ; i j \ : • • ~ !;;l YIN'CUny;, 'oynn,,;, ~ Gl L.;l lliillill ~ L-____ I:I_._!l_Cl_:_::_·H_~_:~~:~_~_yv_:_u_!J'_D_ .. _I_S ___ ___' ~ ~ r!J • .... .- II 11 !! [I] .. [jJJ <;;> l-e> .... II • z I I 0 II ... 4( " > II III ... III . . II I-Z Z 0 0 j: -III: 10. !II' 110 "" ... t-, , ;;; i I ~ II! II .. II • ..• ----- z 0 t- oe( ::e :. 0 IU ...t ... III C ::-III: iii "" ... ... ... ... l-II. ... ... II • • The current access off of Crysialline Drive will also serve the future development. The approved site plan is on fila with the Planning Departrnent at the City. Adjacent Residential -Vista Pacifica Community To the 'Nest of The Bay Collection is Vista Pacifica, a single-family residential community that has tv/o (2) vacant residential lots owned by Standard Pacific Homes. Lots 8 and 9 are on Alyssum Road, at the end of the cui de sac (near !ot~ 235 through 240) adjacent .to the City's emergency access road (see page 8-Emergency /l,cccss -Lot 238) WhICh serves The Bay Collection. The fots are zoned ror single-family homes and will most likely be constructed as a tv.a-story residence. The architecture v/ill be required to conform to the existing architecture for the Vista Pacifica community so that it is consistent with the existing residences. The size of the homes \':i1I bs smaHer than the homes at The Bay Collection. Lots 8 and 9 will not be part of the Bay Collection Hamem':!ners Association and will not be governed by our association documents. The fots wi!! be part of the Vista Pacifica Property Owners Association and wm be governed by their association, ;ncluding their architectural review committee. A portion of lot 8 is currently being used as a temporary construction entrance off of Poinsettia Lane. This temporary entrance will be removed at the completion of the development for The Bay Collection and some grading \'Ilill be required to restore the lot back and to construct a solid wall along Poinsettia Lane similar to the existing homes on Alyssum Road. It has not been determined if and when Standard Pacific Homes ':..'i!! build the homes or if they will sell the lots to another builder. Residential Care Facility for the Elderly. The state of California (·State-) has issued a permit to allow for a Residential Care Facility for the Elderly ("RCFF) at the residence of 942 Daisy Avenue (behind lot 217). The RCFE is a residential care/assisted living facility for the elderiy within a single-family home. The permit a!rows up to five (5) elderly persons to reside at the residence. The State of California regulates these RCFE facilities. For additional information or questions about the RCFE please call State of California -Southern California Senior Care Licensing Office at 619.767.2300 (press 4). McClellan-Palomar Airport; PACA. The McCleITan-Palomar Airport rAirport"} is located approximately 1.1 miles north of The Bay Collection, which is operated by the County of San Diego. The flight operations of the Airport may create significant aircraft environmental impacts, including but not limited to over fJ:ght. sight and sound, affecting purchasers, tenants and occupants of the Project The Owners within the Project will not have any control over the operations of the Airport, including the P,lpes of aircraft, flights, the flight patterns of the aircraft. nor the frequency of the flights. According to the "Comprehensive land Use Plan McClellan-Palomar Airport -Carlsbad, CaUfomia", dated April 1994 f'PIantl), the Project is outside the Noise Impact Notification Area ("NINA"). NINA is the area most impacted by aircraft operations to and from the Airport. According to the Plan. this area represents nearly 90% of all noise and over flight related compraints from area residents. For information about the Plan, a copy of the Plan is availab!e in the sales office. A nonprofit organization called the Palomar Airport Citizens Action Group C'PACA") has been formed by its members. The goal of PACA is to work together as a community of concerned citizens to achieve harmony between McCIeHan-Palomar Airport and the surrounding neighborhoods by implementing mandatory noise abatement procedures and curfews to regulate aircraft flight paths, altitudes. noise leve[s, and hours of operation in residential areas. Seller is not a member of PACA and it has no control over PACA. Buyer may obtain additional information about PACA on the Internet at the following web site: http:Umembers.aol.comlpalomamoisel. Aviara Parkway and Poinsettia lane Transportation Corridors. The Bay Collection is located adjacent to the Aviara Parkway and Poinsettia Lane Transportation Corridors rCorridors") on which transportation vehicles such as automobiles; trucks, motorcycles andlor vehicles for transit are proposed for travel. The Owners within The Bay Collection will have no control over the operation of the Corridors including the types of vehicles, trips and traffic, nor the frequency of the trips. The operation of vehicles in the Corridors may create significant impacts affecting Owners, tenants and occupants of The Bay Buyer's Initials: __ _ 81312006 Page 5 of 26 Buyer's Initials: __ _ 09 ~ ~ ~ E§j / SHT I / / // .. l / 9SHt ~"',._'''')J~ , . 2 TItS IW' WAS PRa'AAF.D fO!1 ASSE: ASSWf.!) fOR fiE ~CClJlW:r (1? '!HE lI.AY for roJI'!.T WITH lOCAl S , &3.4 ~F I ruro1iS aU. Ii) lllBilrrr IS ,i~ g()il!l AS5ES!Pl'S PAAC(LS OR Bvll)f(l OR~~fS, 214 -46 \ j":JOO' e t\' '3 1')" ? '7 • '"' :J -') l.. ! t) ...... ,.' " '" IP"J Gj 211i~~. :t1~=I~~1215~12Ie ®~0J~®@ '.1>1 .. ,.1.1 ~'". -----","/ ~'1/iO"t ... ~ SHT. 2 MAP 11218 -CARL.SBAD TCT. NO. 83-2, UNIT NO.4 MAP 11094 -CARLSBAD TCT, NO. 83-2. UNIT NO.2 • • 09 ~ ) ~ \ " '\, ~ , , '\ " \. -L ~«,_"v. v,w_\cl¢ .1 EB @ --~ S,UI CIEO~ OOJIITY oo.~~eHi"~~~~saWd.j .. Q.\I~I'ItlU BOOl( a1' PAIlE 4-4 SliT 2 Oi' 2 I ,o,SS£SSOIlS "''''' ~~~'~W"'~(~'OR eIJil~ ~ l/t SHT 1 ~ SHT 4 (2i)'~ ZI~f .. sDR @ ~JI1f'1 6iJ I, (ol7SP 214-44 SHT 2 OF' 2 E& ...=::'"\ it: 1" .. 100' 10/00/:007 f:O MAP IOBI5-CARLSBAO TRACT NO. 83 -2 • • 09 @ i ~ -------------------------------, TliIS I1M' WAS [l1EPAAfO ron AS~!\9.El1t ~s au. ~ lllBlffY IS A5SiMEO fOR IH.' ACCUlW:T Cf lJ.iF. DATA SHJWH. ASs(~'S p/,IlCtlS \\.Iy !IJr CtM".Y WITH lO~l St,U)lVlSOll OR 61itOfG OROOINCfS. 0273 0274 -0275 ~ 1I:.l'.!I"/ll~ ~ 41 .... -f"'~ L~ = __ -l '-J ----~-... --. $ ~ SHT. 2 w lItt-~~:-",="a ~ ~" ~ f---::~:---:--'il en E9 I~ .It.,.sJ " I oilS , .. ",_.O,V\ ... '" \tUfu,.~_ ..... 'P"'" C§) $>." 01100 r.OVIIrt .osSUSOil~ iliA" l!OO« al,c,.tAllf.:ll EiiJ SHT 2. @ SHT 1 ,214-51 I't ~ I< 09"l8' ~'w. .J ~~24~ i; €a ~i=~~ '~. 2 ,. ~7 LJ r., ./' .:.0 ~244~ a: i~.@~ 0 l~. 4 ~242@~ !tt.!L • 241~ I~ g SHT.I • ~ (.o3c.( ~p i '-2 (0(...( ! r MAP IJ427 -~RLSBAD TRACT NO. e~-2 UNIT NO, S • • City of Carlsbad IRF·",ii,'.i·J4·'·iJ'.t4," 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 information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, jOint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, In this and any other county, city and county, city 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. 1. 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 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 ~H£ AS' {)':J4t]?.. Corp/Part. __________ _ Title ___________ _ Title _____________ _ Address 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 V 1c::rlJ g $A?b'li1 Title "N A Ji33. • Corp/Part. ____________ _ Title _____________ _ Address 1'\-z::;,5 sAN t?(er~ ~ddress.---------- ~ O/lT'?O '('2..1 (0 1635 Faraday Avenue. Carlsbad, CA 92008-7314. (760) 602-4600· FAX (760) 602-8559· www.Cl.carlsbad.ca.us ® NOTES: 1. LOCA TlCN OF REFUSE BIN ENCLOSURES SHALL BE APPROvED BY THE PLANNING DIRECTOR AND THE CITY ENGINEER. ENCLOSURE SHALL: BE Of SIMILAR COLORS AND lOR MATERIALS AS THE PROJECT TO THE SA TlSF ACTION OF THE PLANNING DIRECTOR. 2. THE ENCLOSURE SLAB AND LOADING AREA SHALL BE LEVEL IN ORDER TO F ACIU TA TE TrlE ROLLING OF BINS FOR LOADING POSITIONING. 3. GATES SHALL BE MOUNTED SO THAT THEY S'NING FULLY OPEN 'MTH NO PROTRUSION INTO THE PATH OF THE BIN. THE GATES SHALL HAVE CHAINS. HOOKS OR PIN STOPS AT TrlEIR FULL OPEN POSITION TO HOLD THEM OPEN. 4. ALL GATE CONNECTION LATCHES. SECURING BOLTS. FRAMING. AND HINGES SHALL BE HEAVY DUTY TYPE AND PAINTED OR TREATED AGAINST CdRROSION. 5. GATE MA rc::~IALS TO BE APPROVED BY PLANNING DIRECTCR. 6. POSITIVE DRAINAGE AWAY FROM 1HE ENCLOSURE AND LOADING AREAS SHALL BE PROVIDED AND MAINTAINED. 7. AL TERNA TIVE CONFlGURA nON AND LOCA nON OF THE ACCESS WAY MAYBE ACCEPTABLE ON A CASE BY CASE BASIS PROVIDED NO PORTION OF TrlE TRASH BINS ARE DIRECTLY VISIBLE TO THE PUBLIC. 8. LOADING AND ENCLOSURE AREA DRAINAGE SHALL BE INDEPENDENT AND DRAINED TOWARDS AN APPROVED SITE BMP. 9. DEVELOPMENT PROJECTS SHALL INCORPORATE THE REQUIREMENTS OF THE ~MODEL ORDINANCE OF THE CALIFORNIA INTEGRA TEO WASTE MANAGEMENT BOARD RELATING TO AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS". 10. AREAS FOR RECYCLING SHALL BE ADEQUATE IN CAPACITY. NUMBER AND DISTRIBUTION TO SERVE THE DEVELOPMENT WHERE THE PROJECT OCCURS. 11. RECYCLING AREAS SHALL BE SECURED TO PREVENT THE THEFT OF RECYCLABLE MATERIALS BY UNAUTHORIZED PERSONS 'NHlLE ALLO'MNG AUTHORIZED PERSONS ACCESS FOR DISPOSAL OF MATERIALS. 12. RECYCLING AREAS OR THE BINS AND CONTAINERS PLACED THEREIN MUST PROVIDE PROTECTION AGAINST SEVERE ENVIRONMENTAL CONDITIONS WHICH MIGHT RENDER THE COLLECTED MATERIALS UNMARKETABLE. 13. A SIGN CLEARLY IDENTIFYING ALL RECYCLING AND SOUD WASTE COLLECTION AND LOADING AREAS AND THE MATERIALS ACCEPTED THEREIN SHALL BE POSTED ADJACENT TO ALL POINTS OF ACCESS TO THE RECYCUNG AREAS. 14. EACH RECYCLING AREA 'NlTHIN A MUL TJ-FAMIL Y RESIDENTIAL DEVELOPMENT SHALL BE NO GREATER THAN 250 FEET FROM EACH L1\11NG UNIT. SHEET 2 OF 2 ATE CITY OF :CARLSBAD REFUSE BIN ENCLOSURE FOR 3 CUBIC YARD BINS SUPPLEMENTAL ST ANOARO NO. GS-16 .. PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: AL,,(S5UM &>At2 nc""Vtflt2ffl16Nf -Ld[ 0 & .. ~ . . - APPLICANT NAME: '1\ CIbI?-.-SN.£I<\ 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 il)formation and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: ~o c;:.lPp-~ "S/N0Lt ~IL.,( HoMe wrrtt ~etY.)RozXV\<;J l{ ~1f\~ #,0 3 elf<-~6 ~ N<£A V'ifU\ 6~tf -> t..(/~el ~Q .. ?T''' Project DeSCription 1 0/96 Page 1 of 1 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non ProfitlTrust Non ProfitlTrust __________ _ Title ____________ _ Title. ______________ _ Address, ____________ _ Address, ______________ _ 4 Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? DYes o No If yes, please indicate person(s): ____________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 12/06 Page 2 of 2 • • ,'" • A!MIi~. City of Carlsbad . I#JFi,i,ii,t~··J4·iaai;;t4Iil HAZARDOUS \VASTE Al'U) SUBSTA1~CES STATEl\IE:NT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): o The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. o The development project and any alternatives proposed in this application !m contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: 5AtVl£ AS OttfA/ff<. Ad d res s:, _____________ _ PROPERTY OWNER Name: VlCV2t<. sM£TYJ Address: {Il?? sAN bl£r?tJ Irf/~ CA ott2-\ \0 Phone Number. ________________ __ Phone Numbet (j {tV qf2/-68 '3 =3 Address of Site: 6fCRt,{ Ifl,YSSl.{t11 @MJ CkRLl:ZFM.O t cit OJ Z 0 II Assessor's book, page, and parcel number:~Z.:::...I:...L{_=__-_y~L{-L'2.--=--:-Q~~e---------__ Specify list(s}: CC)~£U ST Date of List: _______________________________________ _ Applicant Signature/Date lLltk L?w. '1 LJ C L 07 Property Owner SignatureIDate AdminJCounterlHazWaste 1635 Faraday Allenue • Car:sbad, CA 92008·7314· (760) 602-4600 • FAX (760) 602-8559 • www.cLcarlsbad.ca.us ® • The Hazardous Waste and Substances Sites (Cortese List) is a planning document used by the State, local agencies and developers to comply with the Califorriia Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. Government Code section 65962.5 requires the California Environmental Protection Agency to develop at least annually an updated Cortese List. Below is a list of agencies that maintain information regarding Hazardous Waste and Substances Sites. Department of Toxic Substances Control www.dtsc.ca.gov/database/calsites Calsites Hotline (916) 323-3400 State Water Resources Control Board www.swrcb.ca.gov/cwphome/lustis County of San Diego Certified Unified Program Agency (CUPA) Mike Dorsey Chief, Hazardous Materials Division Department of Environmental Health Services Hazardous Materials Management Division Mailing address: P.O. Box 129261 San Diego, CA 92112-9261 (619) 338-2395 Call Duty Specialist for General Questions at (619) 338-2231 fax: (619) 338-2315 www.co.san-diego.ca.us Integrated Waste Management Board www.ciwmb.ca.gov 916-255-4021 Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLlS") www.epa.gov/superfund/sites/cursites (800) 424-9346 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npllnpl.htm 5/19/03 , It "'. I- ~ '».~l-« First American Title Company POR. N.E.1/4 I SEC. 28 I T. 12S. I R. 4W. Plotted Easements Reference Number: 777896 County: San Diego 214-44 214-64 N Detail "A" t • .... Ct A ... .. 10/21/1986#474724 .... [Not Plottable] (Drainage & Incidental) 12/08/1994#702967 .... [Not Locatable] (Cable Television & Incidental) 11/05/2004#1054077 .... [Not Locatable] (Right Of Way & Incidental) 09/22/2003#1159855 (Public Utility & Incidental) 09/01/2006#626905 (Public Street, Utility & Incidental) 12/18/2006#894707 (Public Utility, Access & InCidental) Carlsbad Tract No. CT 98-14-03, Map No. 14841 (Emergency Access & InCidental) ", FIrs' Am.rlcln Tlt/. Complny ~.P ~ \~_i.iJ8.5 . I ~\ 9:'l,6~ (, )~). ?'V-'--;.'1, 236 ~ @ t' ",' "" Iilt/(N 6.1.(.'/"" 235 b> r.:;~ 1-; ® u,' \ \ \ , 4~ Tax 10#214-442-08 #214-442-09 #214-642-31 Map not to scale This map IS not I survey of Ihfl/and deplc/f/d hlll'flOn, You should not rely upon It for any pUrpOSll other than orientation to the gllnerel locstion of thfl parcel or parcels dflp/c/f/d Any pUrpoSll of an easllment that is noted is for reference only and you should rely on Ihll Me report Issulld and a copy of the document for the eKact term and conditions of thll eaSllment, First American Title Company expressly disc;!alms any liability for alleged loss or damage whlt;h may result from reliance ~, ..... f " ~' • '" -'-~ //(#! -1' --- First American Title Company POR. N.E.1/4 , SEC. 28 , T. 125 .• R. 4W. Parcel "1" Parcel ';'2" FI"t Amer/c.n Title CampI my Location Map Reference Number: 777896 County: San Diego Map not to scale ThIs mel' 15 not a sUfl/ey of the land deplcffld hereon You should not rely upon It for any purpose other than orientation 10 the generellocahon of the parcel or patt;!l/s dep/cffId Any PUrpOSfl of an easemant that Is noted Is for reference only and you should rely on thalme report issued and a copy of /he document for the exact /firm and conditions of the eaSflment, First Amencan Tille Company expressly disclaims any liability for alleged loss or damage which may result from reliance N t POOR QUALITY ORIGINAL (5) 7 a .. nlB_ fl!~illW •• AR> AFl'IR JEOBbllIl. lm'lUIR '10: al.· 86-059295 ~ fEB 16 ffi ~ 29 ) .... yr.!'> A l.t."'!"£: : ~Ufi I Y l!lt:!:f.iii:~ ., !:JI1a IlealrcDII of }.gxeelBlt..... &k-." 12' , 1984. CCIDCUI'IBJtly 1d.th III wrec:u:cW .I! !"t betweal the __ part:l.a ~ the ... ps:op&:Ly, S'tAIIlAB.o PACInC. .. OIufornia corpacatica. QJJ-D UMSl\ItS I.IHr.l:ED, a cal.I.fum1a limited pa:b:ietIhip. n PNl!SttlU 1DI?S~ lIt:.. 'a' . C&lifomla corporaticn.· .. "·to "Ibm! ~'COIIti relli~ .. · to the constrUCtton '~f' fiood' COnttol: i.od' dram.&e ~ en their t4c¥4tte8-' puraualt to the t:erma and c:mditims of audt ~ AgreeIIent. 191 descr1pt:1ooa of a1d ~. ate cm~ m Exh1bit:a ~A! n "B .• " m1 "C. n all of . ~c:h. ~bits are a~ hereto .ap:1 .. ~ted herein W th1s .. ..--. ~" •• .;.~.~' • .:. ."_~ •• _.~'.. ,. -,'~ ... 1 •• _ reference. 'lbe uJreCOrded. A@;t:eement ~erred ':n ~ P4-7 /Y , 1984, provides that the xehlbur8EDE!l1t requirements ~ in sud1 ~ are covenants that 1:1n with the land. ald ~ bind the 8ucoeltor8 in' interest of the parttea as to the ptVlleXt~ described hi BdU.b~ts "A. n -a," ~ "0."" It is . further: " provided,. that: if" the -m~ obl1gatim u transferred to It property owners' uaoc1atfal ptu:sua\t to a recorded declaration, the pxoper:ty 0WJer ao tranaferrlng the obllgL,tim (iDcluc1ing t:he original parties hereto) . ~ . . shall have no further reapgnaibility for mainteBlce acept. .. ezpnuly pxovided in the xecorded decl.erat1on to the contraxy. 1¥A a aale « transfer . t. ?1 ~ ---r .. ----·~-·.;... --~----. .:-~--•. ~~~-... ---.------_- ...... . --, .-. @£~~ . .". --. - -'" -~.r-.,~ .. ~.-:_ ~:-'--'~_ -~':::~~ __ ~~"("~~:; ~~":~ ~~ ~: ~ ',: ·.i'-, ,;, . ? :J~,~:i~;-;A:~:". i;~~.;"} :~:::;~~ ~~;:~~~:~'~'i~; .'~ ~,/~ ~'.: ·;":·~;~~;~:r :~~'~ :~;·:~~~:~~:'~2f~8~;~:;.~~;i " r '. .« .,.. '.' 311 of the property. the ~ ~ CMWr (f.ncluding the CJrislnIll. putl.ea) 18 relea8ed fn'a IllY further UabW.ty bereclo3er fer: __ Ita « ob'Uptiona accruing a..<=t:er the date of trariefer, mel auch SlJCCeIIlar: Iball be li:able therefor 80 10Dg a he ill, ~ ~ of the propert,. ----. 'Opal' ncordatian 'Of ftn.l. -.ip' ~ -.p. 'tndiV1cfUal' 'lot . ~ 8bill1.' lie .... - relealed fJXlI arr obl fgathn far tMfntenance unless there fa a!eOrded mother docaw.Ilt ~, by reMal of CXM!DIntl. ClClndicima' md J:8II~ ex .nul .. inatr".;;eoc,. II ~ fix ..tntenance 18 placed upon a boIIIIeooceu' aaaoclation Ot' aflrdlar ~ial. f:MlSIW) JJIVES'1OIS LlMI'l'BD, a Califomla ] bafted partnenb1p B7 .~.==.: :?::::.. , -2.- i ... '1 .... 3 1., '. . . . - ;~ l~ ',t1 . :1'<:':1 . " .. ~ . 'il~: . ",. '. i-I :-:-:--,----:--":':"'.-. M_T" ~.----.~ __ -_ ...... -__ •• = __ ... _ .... ~. __ .........,~ .. -.--~~.~~ ______ --~, ~ II ::7'1 .~ "'" ~I' ;:;~.--' - (. - --. ~ . ~ ,....;;..- .. <~ ';,! -,-.. -"-'.;:". ~: . ' STATE OF CALIFODIA COUNTY OF Bu DJ.eao ~ ) ."": ....... ••• : .. : -~~ .. ' . , .~. < ',' ,- en thl. 15th da, of trebru&ry • tn the, year "84. before ' •• -; .-.. '-KOtary-PUblic 'Iii-ina: 'for -•• Ta 'Sta'te;,-puaOftllly'·-' appeared Itobert M. jllq ani! _________ J~~~·~s.~-_¥._· __ ~---'·-------'------~-----------t -~~.~xiy-~uwu cO utlW£ii:ciory widen~eHV-:6e-:", .~ (or proved'tg'.~'ou,th. ba.i. of the per.ons.bo executed tbe.vlth~n Inltru.ent a. pre.ldent and , •• jaunt Secntuz 01: em behalf of .STAJmAlU) ,:-,--. ". PAClllC OF BAllI DIIGO. a CaUfoJ'Qla corporatlbn, ,tbe-i~i;'~~d; and' -. . . . . acknoWledged to _ that t1ie corpor.t,ioD _~~u~!#!L~t. WITlESS., bandaud official ~ea~ • . : .. .. ~ , -' :, .. -~ . ~:'!':101'-_''''''''''' _________ ' _______________ ~ __ ''="'-'~~===-==~== r 7.';.-' .~- []~~:'" ~"'" ,-~.-...:" . . . . ::r.-"".--------.:.~-.,~-. .!..-.--~-.-'.-.------ -' , ... . STATE OF CALIFORNIA COUNTY OF (/J;,4tf4-' ~ ... .' .. ' •.. ,I Ikl thl.o JIIfl . """ of ~ ,. hi the :rear 1914, f~ , before' 'lie ~ '''-""HOtaTj :"PUb1.1c""1n -.ilQror~·"SuCe. perICSDI1Y.!-·--,-. --~ . ~---.. ;.~ ~ ap~a~~AuyM .&1 ~;ii:S' " 'per.on.~~y, ~~~ ~,- ~ •• (o,E-proved ' .. to _ on ,th! "dll of ".an.lae-fOry eY~denc~,='to-'Di' the per.-on who ~xecuted -~'wi.tiiiii"-i1i.tru.i.nt, -on"1ie1lal.f"·of·-------- ~BAD UWESTOU LIMITED. a M:!£ornia It.ited partner_hlp, ...... ,,,.- -. ,'.:-' .. ~; WI'f'RESS ',.y hand-and official ... 1 .. ~~~ '-.-.~ .. : ....... .I-' .. :. .. :: .... " . '-, .. -.. -.:...: .. , " ... I,-t. .. ,. " ' ........... !.' .-.... .. ;. 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EXHI BIT "B· LEGAL DESCRIPTION OF -. ·CARLSBAD· InVESTORS'LIMITED PROPERTY THE lAM> IlEFt,KRfO TO IN THIS pULlty IS.SlTUATED IN THE StAlE OF .(.ALIfDRt.lIA. tOuNn OF SAN 01£'0. "HO IS Dt:~t~lBED A'S FOLLO .. ~: lOTS loa HiD lin DF UttLSBAD TRACT 1'.0. 73-23. IN THE tnv OF CAltLSSA!:). COuNty CF SAN OIE!.D, 'stUE OF tALlfCRPdA. AttOROII'II" 10 teA' TH£~EOf tolD. 80BI, fILED 11'11 THE OffltE OF tDUNlY REtOkDER Df saN Dj£~D ~OUNTY, ff8RUAkY ZI, 1975. t xtEPT 11£ ALL tRUDE, OIL, P£ TAOLfllM. GAS,; BRU, ASlltuL TU~ ""0 ALL "lhDUO SuaSlANCES AIIID OTHER fCU.fRAtS IN l~C ~DU SAID l.AND. BUI wllttUUI tHE RICoHT to £1111£1 UP~ THE SURFAtE OF SUO l.AI\D .aov~ A OUTH OE 5QO.00 fEET 10 EXPLORE fOR OR EXTRltT SAMe, as RESEK'IIEO It, " DUO REtORDED AUGUST i'l, 1969, RECO~bEfC:"5 fILE wo. '1;1180 AND THU DEED RECORDED AUCoUS"l" 21, 1969, REC.ORDER' S"FJlE NO.··1571~0 OF OFfIC.lAL REtoaoS. ALSO extEPlltlCi ~LL OIL, OIL RICoHTS. MI NERAl RIGHtS, "nUIUL GAS, R I CoHtS AttO OTHt R hTOf({]C.ARBO~S BY WK. t~OE~ER NAHf r.rtO,f!oi ~ ! Ct>EHIE.R '" 1.TH AlL 'EOTHERHAL STEAM AteD StEAM PO~ER THAt "~y 8E WITtHI\ O~ _ UNUEIC tHE "ARtEL OF UNO HEREU.AFtER O.£Sc.RI8eO, TCG£THER WITH THE PERP£;TuAL RICoHT. 01= .oRiLLI""_ HUn-t.~ .. EXP.l:DR"I~G. AND OPER~'T.ING J-KfR£,FDR ""It) !. T Olt INC. IN AND REMOVl~G THE SA"E FROM SAID .LAND. Oit ANY OTHER 1. • .,0 •... INtlUDU.G tHE RICoHT 10 kHtPSTDtK OR DIREt.T!ONALLY DRILL AND MINe FaOM lA'-OS OTHE" THAN THOS!= HEREI~AF1Eil DEStll 'BED. OIL OR GAS WELLS. IUPfNELS AND SHAFTS INTO, THROUGH DR ACROSS tHE' SUBSURfACE tit: THE LAND HERE INAFTER D£~R1bfD "NO TO BOTTOK SUCH wtHPSTOCKED Oit Dlk£tllErcALLY D~IlLED kELLS. lUhN~lS AND SHAFTS UNDER AND BENEAtH OR BEVG~D THE £~lERIOR LIMITS TH£REOF. AND TO REDRIU. RETUNNEL. EQUIP". MAINTAIN, REPAtR, OEEP(:ft Am; " OPERATE ANY SUCH WELLS OR !tINES, WITHOUT HOWEVER tHE RIGHT TO DRILL" "I)(E, STOR£:. eXPLORE AftO OPERAte THROUGH OR ON ltte SURFAtf OR ttl£; UPPER SOO FEEl Of THE SUSSURFAt.E OF THE UND HEREIN D£St.RIBCO. '''":.-~_r:-,~ .. Wo, r....~ ..... .,....:l. ..... :r.~ -,.,..-___ • __ ~_ ~~ .. __ ~ _ 6_. _~ _ .... -:-" _ .. ____ ~ ~ ---\ "" I ~~" .- " PROJECT DATA laDICIICH CIIY CIP CAIUIAD GOVaIeG"·- 1IBIDQCUMBIIIND_fIO.::rllWL~ WllH1IIIPOILOWIDQCII8: Il101 DIONClP1IIICAII'OINA ...... ClQDlIIIIoD4 WIICH ADDP111III lm-= UIIIOIMMElfANlC:ALcaaaaolllllClN UIIIOIM ........ caaaaollll1DN UIIIOIM IlII3CALcaaa ""IIIIDH NOlI: 1IBIPlANINDALLWClKIIWLCCWLVVlltl1lll CAII'OINA ...... 1fANIMIDI CIQDII'QIIID"1I'A1I OfCAll'OlNA 1IIIMCCII/IIAMBIlmNDAIXIf'1ID 1Y1III CIIY Of CAIUIAD IXIiIrMilIR! If==--..- mllZCCMllAOH 'M'I Y-H-I'UII.Y ... IUIIID ...... AND .... 1Z1IaB .. MAlIMIM ....... 1WO.- mi!!ilr_~ NOCCII'ANCY1 .. .,IGlIIMI_ BlMM .. MIA· 12.1111Gl11ME_ IIOaItIfA .... IIOaIMIA.,.71O .... 'P!'RBQQIHIA·'.Nv. Ml'ALIIOaIMIA·",. .... CMllAGlIIOaIMIA· ...... Ml'ALMIA W/CMIIAGI·4III .... BUILDING LOT COVERAGE = 19.5 % "r""" ~, Willi en PAIICB.NUMIa II ...... ZONING RD-M RESIDENTIAL DENSITY-MULTIPLE ZONE GENERAL PLAN LAND USE DESIGNATION RM UIIAI. .... PARCEL 21N CERTIFICATE OF COMPUANCE RECORDED DECEMBER 18.2006 AS INSTRUMENT NO. 06-0894705. OFRCIAL RECORDS OF SAN DIEGO COUNTY. DESCRIBED AS FOllOWS: THAT PORTION OF LOT 8 OF CARLSBAD TRACT NO. 83-2. UNIT NO. I IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CAUFORNIA AS SH~OWN IN MAP NO. 10815 PROJECT NUMBER: COP 07.{)9 ALYSSUM ROAD DEVELOPMENT L 0 T 0 8 CARLSBAD CALIFORNIA PROJECT DIRECTORY INDEX OF DRAWINGS OWNER TS TITLE AND COVER SHEET E & R PARTNERS. LLC A-I SITE PLAN 21SOSAN DIEGO AVE A-2 GRADING sITe PLAN SAN DIEGO. CA.92110 A,;) FIRST flOOR PLAN (619)~424 A-4 SECOND FLOOR PLAN A-5 EXTERIOR ELEVATIONS DESIGNER A~ EXTERIOR HEV ATIONS MIKE TOUMA 1603 NICHOLAS WAY EL CAJON. CA 92019 (619) 579-1295 STRUCTIJRAL AND CIVIL ENGINEER Z. AL-AmA P.E. P .O.BOX 86400 SAN DIEGO. CA 92138 (619) 536-4555 ENERGY CONSULTANT COrnELL DEIRANIEH ASSOOATES 4309 AVON DRIVE LAME5A.CA (619) 250-9403 GRADING VOLUMES CUT = 20 CU YARDS FILL = 0 Co YARDS EXPORT = 20 CU YARDS I ~ DESIGNED IY- M.A.1OUMA III U Z III Q -C Oz 1ft -C", 00 III .: a::~ • ::l!;( >-co =>u .... ~: o > • ::& ... -'~ < -COD II. .... ~ "'", III m-c "" U " Z 1ft DOSaIIPTION TIfLE SHEET r "'~-I ~ ~z \ \ " \ ~z [J ~ ~ SINGLE FAMILY RESIDENCE ~ 1m ~ I i~ i~ I ~ ____ 96_4 A_~;ST_S~:_ROA_D ___ i! I _ CARLSBAD, CALIFORNIA -s-0/C~ ",'?' / ~";/' 1\~0~' ~/' \\ EXISTI~jG H OIJ SE ING\ [ /) ~RADING PLAN // SCALE: ,"",10'-0· ----/' / ~~ " ~lW";'~'/C ,/ ~~~WEPC;'" , . "V,' ~, ':;~ /' \\ LlP~'CUTTER/'" ,/ ',wP,"" \ I ' ,/ \ '. /: / ",/ _ .. f-O \ sew" M"\O";' ,--7 '" 0"'" \"W'S02'2 1 I / v'" ,> : ' / p-'" A:'Y'~ .... "y'" I ; // I, ')\' \ ,./ \ \ \ \ \ ,.. \ \ ACCESS EASEMENT DESCRIPTION PROPEIHYUN[ EXISTING CONTOURS NEW CDNTOURS ORIGINAL GROUND (OG) RNISH GRADE (FC) SEWfRLlN[ WATfR LINE RnA/NINe WALL (NEW) [LECmICAL BOX WATER GAlE VALIiB Sfl\'[R MANHOLE LEGEND DWG.NO. SYMBOL SPOT [t£VMlQi ~ o [I; (:Ii) I§) QUANTITY -1 . I, I ~-I! I I I -~ ,I~--Ir; 1 :'~ .' ... ' .. ... I I -I I -l-t !~ --t t-,---~. . . . il ' -t-t--j "I : ~ ;1 gl I ~I ~ aOTTOMWALLI_N RETAINING WALL SCALE: .·:10'-0· REFERENCES PRO.JECT IS LOCAfED IN THE "8ATIQUITOSjSAN MARCOS CREEK" DRAINAGE8ASIN CITY or CARLS9ADLFI.IP ZONE 4 UTILITY & ACCESS EASE~ENT ooc. NO. 2006-0894707 CERT1flCAlE OF CQI.IPLIANCE DOC. NQ. 2006-0894705 FINl>.l MI>.P 10815 &< 14841 I~PRO\iE'-IENr PLI>.N~ owe 401~9E (CT 98~14) ~~~--- LOT AfiH. 122\\ '5Q nl (J.28(1 !>.eRES QlOSS & 11681 SQ FTI Q.2n ACRES NEl I'-IPERVIOUS AREI>. 4056 so HI 0.093 ACRES PER\'1rus AREA 8155 SQ H/O.187 ACRES GRADING VOLUMES CuT = 2CCUms,f"ILL=CCU YOS, EXPOOT = 2Qal YClS COP 07.(}9 ill () Z ill Cl en ill 0::: >- -' ~ « LL ill .J (!) Z en REVISIONS « 0 z « oCt:: Ct:: 0 LL -' CO :2' ~ « (flO I- 0 (fl >-.J -' « "<I- CD m DESCRIPTION SITE PLAN 1"=tO'..(\" 0 « m (fl ...J Ct:: « 0 1-"-1 DATE 01·14-200B 1:21 ~i;1 SINGLE FAMILY RESIDENCE LOT 08 964 ALYSSUM ROAD CARLSBAD, CALIFORNIA "6~1 SINGLE FAMILY RESIDENCE LOT 08 io!jl 964 ALYSSUM ROAD :00 0 CARLSBAD, CALIFORNIA Ell aleNT ILlYATION ~--f I j J 'I I --+-, PROJECT NUMBER: COP 07.(J9 ELEVATION KEY NOTES lIGHTWElGHTaJlDIi'lliIlOOFn<£ MONIEI'II.IFETILE-!ClIO·26S66ESR-160 WLORANDDfSlGN1lJMA:rOIEJasmGVf'HCMES roOVfR2X8fASOA-MImO aJLOR'OtJNN-EOWARDSDlC761C1X1i~ EXTtltlORQM!NTPIASl"Ek,PAIfJfO SANDFLOATAMlSHWlTHRADlUSEDalRNERS OJLOfI:D\lNM-EOWAADSDEC1&ODESEAHiRAY ZX5lUa:tIWRNI'EOTlllI.I SAHD FLOAT flNISH.IWNTl:D CXllOR:DUNIHOWARPSDEC761CD015E METALIWLlNG,I'AIN11D II'VEJITlCAlNID HOIUXlNT .... SUPf'Of!fwmti' RAlLlNGIJ"l'O~ C:OLOII:DUHN-EDWAADSDEAI7SIUICtIO~ 5(JI;EENED METAllOlMfI. VENT CDtoll.:TOMATOI~NTPl.AmR. ~~~~M:~-:~O::"WOP& Mom CDMTJUICIOR 10 VERFY'M11i WlMOOW MNfJFACruREil THAT AT LlAST ONE OPERABLE 'MIIJOWIN E.IOISl.£EPltGIDOM MEETlHERESQJE/E6I\ESliREQUIREMfffTSETIOf!fHINTHElAlEST ADO"!!) EIlfOON aFlNE utlf'OllM 8lI1lDING COD! 11/2"REQSSWlTtlI'VlSTEflFlllISH CDlOft: SAMEIISAO.W:I:KrIU5TER :::DOOIIWI1lISfAINEOnMPERfDGlASS FIXEDWOOOSHUTTEA,PAlNTlD aJLOR:DUNN-EDWARDSDfAl75l11,.11O;fOREST IN5llATEO METAl SECnONAl. GMAGE DOOR CDlOR:lOMATOlPlASfl!RCDtOR METALOflMNEYOII' CDlOR:TOMATOtTlUNQJIJ)R VPHOME_Vl5TAP#IIJfltAHOMES NOTE: AU. COLORS SHAll NATO! Vl5TAI'lII()fICAOlUlR PALffiESOHMIIUWIBIl: S11JCCO:OUNN-EOWARDSOEC760DESERTGIIIW TRIM: DUNN-EDWAIlDSOEC:161 motSE ACCENT: DUNN-fDWAAOS DEAI75ll.GlOIIESl' ~ c( 0;;; c(a: 00 a:~ • ::lEe o :>V ..... to-VI .. -0 >0 ::E ....... c( c( .. C VI ... ....... III IDa: "'c( ... V " Z ut EJ ..- ELlYA'IICINS ..... -1' ... [-.;.:.~ 1 ;51 ~ YINIIO~I1Y) 'OY8S1I1Y) OYOII I'IInSSA1Y 1796 H 80 .101 :I:)N:laIS:l1 "'11INY:I :l19NIS lID ~ 2~ ·~S • ~l!' ~ a • ~ iIi. ~ 2 !~ n d~~ ~ P! ~ I § i~ ! ! • III ~~ U ~.~~~a 5 d~g l5 ~~~ .! ~! • i~ ~~ I~~ ~ iii_ ~2iilli~ ~ • h ~.~ I z §i~ .~o .~~ ~~ d ~~~!~~ §I ~ ~~ .8 ~ ~d~~ I ~ p ~~ -.8 ~~I 0~1 ;U~~~ i ~8 n . i~lm 8. n ~~i .~ U ~~ h~ Ih ~~~ 90 ~nm ~~ ~ ii ~ ~!lli U ~~* ~~ tIi* d I Z m ~.~ H~ ~g if U ~~ I ~i~ 0 0 ~~B~~. ~: ~~ ~~ 0 ~~a U::.;.: .~. i~ U UEU~ ~ fficg 09 mnl e9 d Es '~B ~~B !i::-~ ~B ~B ~B .B > ~ -~ I I I ~ I , ... ---. . . . . . • 0 , I I I I II I, i I , , a::rm I (I! II , , II I • • 0 , , ~ 0 II c ~ > C " .. > ... .. II .. ... .. • c .. .. • • .. ... II