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CDP 15-25; 4394 Yuki Lane; Coastal Development Permit (CDP)
LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. usE ONLY) Legislative Permits (FOR DEPT. USE ONLY) ~stal Development Permit(*) 0 Minor CDf\5'2}) 0 General Plan Amendment 0 Conditional Use Permit (*) 0 Minor 0 Extension 0 Day Care (Large) 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Minor 0 Hillside Development Permit (*) 0 Minor 0 Nonconforming Construction Permit 0 Planned Development Permit 0 Minor 0 Residential 0 Non-Residential 0 Planning Commission Determination 0 Site Development Plan 0 Minor 0 Special Use Permit 0 Tentative Parcel Map (Minor Subdivi~sion) 0 Tentative Tract Map (Major Subdivision) 0 Variance 0 Minor 1-------i 0 Local Coastal Program Amendment (*) 0 Master Plan 0 Specific Plan 0 Zone Change (*) 0 Amendment 0 Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major Village Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR 1r0 4:00P.M. ASSESSOR PARCEL NO(S).: PROJECT NAME: BRIEF DEscRIPTION oF PRoJEcT: CC\)£l12J! cr J?. ~ 1 N ~ L~ ~ L 'i ~ ( DBbJc.€. QF: lluo <?1J?l?..l5 v:j~:n.\cij;.l) ~'"2 0N kiJ !:KK=t\FJ& }?W BRIEF LEGAL DESCRIPTION: LOT 1.. r :P~ I l\&.\' 2.\\~ LOCATION OF PROJECT: STREET ADDRESS ON THE: (NOki~~ EAST, WEST) SIDE OF l{ u \(..:t khJ tJ BETWEEN w ~ rn~-'1 D '2--AND (NAME OF STREET) (NAME OF REET) <\!~./ \{ 00 oo~ OWNER NAf"JJE (Print): 17A e lrl () b!WJ( W\ Yt tJI0 MAILING AD DRESS: \1 (Xp 2Y' $!. j't{~ 2,) 2 CITY, STATE", ZIP: ~C\j.j i"ffi3 1 {;1) '\!L£74; TELEPHONe: /_fe37-t ~ ??;2 EMAIL ADDF::tESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS U D CORRECT TO THE BEST OF KNOW E APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT T E EST OF MY KNOWLEDGE. DATE APPLICANT NAME (Print): D~ L\ ~tJ MAILING ADDRESS: .5 3: ?~ fifl .!&t11 b A{) ciTY. sTATE. ZIP: lf1 .Jo<-+A. t CA qwz 1= TELEPHONE: t2 5'"P(CtS q-b I Ob EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL TH ABOVE INFORMATION IS TRUE AND CORRECT TO THE BES MY OWLEDQE. IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTHY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE T HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND A D BIND A SUC SSOR~ ATURE FOR CITY USE ONLY MAY 2 7 2015 DATE STAMP APPLICATION RECEIVED RECEIVED BY: Ccityof Carlsbad DIISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information ~VIUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note:-, . , >"' ,;,; -· , ,, . . , . . •· . ..--·.--· P~rson is defin~d.'~$ "Ari'i illdivi(:fuat, firm, co-partnership, joint venture,. association, social club~· fraternaJ organization, corporation;'estate,-trust, receiver, syndicate, in this and any other countyi city and county;: city mynicipality, district or other political subdivision or any other group or combination acting as a unit." · Agents• may:sightthis docJrri~~nt; however, the legal name and entity of the applicant and property owner rnust be provided below. ' . . . 1. 2. P-1(A) 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,. titles, 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:O~ L \ 'I'J'r-3 Corp/Part'----------- Title l><fu.~M \ 'TYCT Title __ ..:..( ________ _ Address S 1?/L ·t"J.:'1J HUB Address. _________ _ LA-.::J~LL~, CA 1·~ 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, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THIE 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 I ~.A /'.1\o "'tA-'::s cor~£~.arlltr.:D, L ~~(.(.(~ LD1~ L 4-~ Title Title ~ c'·-' L,'" ./ 1 ~ J\ 1'-1\ a~~+:> I ---:::' Address Address 1 \OCo 1 "u\ 'b \, ~ 25') E-11\!A-'\. '-h '\ ( e (,\-q (.cJ'L!-\ \ Page 1 of 2 Revised 07/10 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 Profit/Trust Non Profit/Trust. _________ _ 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? ~ D Yes ~~ If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the ove ir,rmation is true and correct to the best ~f my ~~owledge. -- ~-\N. l'.t\ol\\1-\-~ ~ ?t.t< Pt\. Oett&\ 101~ L~1 ~ \._-\v\.):,j 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 owne~r/applicant's agent P-1 (A) Page 2 of 2 Revised 07/10 Ccityof Carlsbad PROJECT DESCRIPTION P-1 (B) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: 11 ( 1 ~ ~ tz.A% t D-B. 2Gf:.. APPLICANT NAME: __2j\c 1 Fl t Ve:A:CH w t 4=, L-\D Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the appilication. Use ,an addendum sheet if necessary. Description/Explanation: P-1(8) cows~~ ttoo ~ s(t-J0LE ~\L<-1 ~\ D-EJJ~ wj J~-~~~~eA-~8_) ~bg, Q~ (\? k£>i0 ~ls;n)-4& Vt\(LI)/ kJ~ f/A{) ~O~I~J o Page 1 of 1 Revised 07/10 {_City of Carlsbad MINOR COA,STAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION P-6 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov A proposed project requirin!g multiple applications must be submitted prior to 3:30 p.m. A proposed project requiring only one application 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 1" = 40'.) I. GENERAL BACKGROUN[) A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner 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 diff,erent types of residential construction. These costs are set by the International Conferenc1s of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. New Residential Square Footage: .?S '!;) tJ _square feet x $ /sq. ft. = $ _______ _ Residential Addition Square Footage: -------square feet x $ /sq. ft. = $ ________ _ Any Garaqe Square Footage: (Q 5;0 _square feet x $ /sq. ft. = $ ________ _ Residential Conversion Square Footage: · _square feet x $ /sq. ft. = $ ________ _ Please contact the City of Carlsbad .Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ______ ,.square feet x $ __ /sq. ft. = $ __________ _ COST OF DEVELOPMENT ESTIMATE:$ ___________ _ B. Do you wish to apply for: 1. A Minor Coastal Dev1slopment Permit (Under $60,000 cost estimate) D 2. A Coastal DevelopmE~nt Permit ($60,000 or more cost estimate)~ C. Street address of prop<>sed development ?t?:/1 + 'ftd \L I ~}swt:r P-6 Page 1 of 6 Revised 08/13 D~ Assessor's Parcel Number of propos! development Wi-?t_po--s~-ca o F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: S f:=-\2:. South: __ '----t------------------------- East: ____ -1--·---------------------- West: ____________________________ _ G. Is project located within a 1 00-year flood plain? 0 Yes IX!. No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? If yes, please describe .. DYes ~o B. Will any existing stru1cture be removed/demolished? 0 Yes ~No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ill. LOT COVERAGE P-6 A. Existing and Proposed Building Coverage Landscaped Area Hardscape Area Existing ~sq. ft. ___ sq. ft. Proposed 1. w8,1 sq. ft. "_1Jtl\=t_ .. ft. '21.~ '-'+ft. Unimproved Area (Left Natural) ___ sq. ft. ___ sq. ft. ----,FfP-sq. ft. I B. Parking: Number of existing spaces 0 Number of new spaces proposed ___ 1_.::::::~=--- Existing/Proposed TOTAL: 3 Number of total spaces required ------=~;__- Number of covered spaces :? Number of uncovered spaces ------jfJ~-- Number of standard spaces I + T~Et\ Page 2 of6 Total sq. ft. % sq. ft. % sq. ft. % sq. ft. % Revised 08/13 - P-6 Number of compact spaces Is tandem parking existing? Is tandem parking proposed? C. Grade Alteration: Is any grading propose1d? DYes )R'J No If yes, please complete! the following: OYes#_LRfNo ~ Yes#_\_0 No 1. Amount of cut , __________________ cu. yds. 2. Amount of fill cu. yds. 3. Maximum height of fill slope feet 4. 5. Maximum height of cut slope _____________ feet Amount of import or export cu. yds. 6. Location of borrow or disposal site---------------- Page 3 of6 Revised 08/13 · \(WCityof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1{C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carls badca.gov 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 Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): 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. The development project and any alternatives proposed in this application m contained on the lists compiled pursuant to S•:lction 65962.5 of the State Government Code. APPLICANT Name: .,b ~ l L \ 'ktj Address: S 1--2 L -=),? BW.,OO J b . t/ · ift :tou 4c w{ crvt? 1 ER Name: 1.\.fV. Nto"'4-A~ Address: I \ 0~ 2 tto\ G~-.q:--255 EV\<---.-. .. .\-~ C4 G-za2L[ I Phone Number: 7~o -(o3S -7~ ~ Address of Site: J-~ C( ~\: ':( U \L( ~b Local Agency (City and County): C ll':t ...(IF CJ>{U. .<;pi{) Assessor's book; page, and parcel number: 2Ql-:;, CQO-64-oO Specify list(s): _____________________________ _ R!:!gulatory Identification Number: ______________________ _ Date of List:. ______________________________ _ The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P·1(C) Page 1 of 2 Revised 02/13 Are the following items applicable to the project or its effects? Discuss aff items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D ~ alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D ~ roads. 22. Change in pattern, scale or character of general area of project. D ~ 23. Significant amounts of solid waste or litter. D 5l: 24. Change in dust, ash, :smoke, fumes or odors in vicinity. D ~ 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D I8J alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D [2f 27. Site on filled land or on slope of 10 percent or more. D ~ 28. Use of disposal of potentially hazardous materials, such as toxic substances, D ~ flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D ~ etc.). 30. Substantially increase~ fossil fuel consumption (electricity, oil, natural gas, etc.). D ~ 31. Relationship to a larger project or series of projects. D ~ Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use~ (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my abili , that the facts, statements, and information presented are true and correct to the best of my knowledge elief. 5lrtr /,~~ I I Signatura-~S:::::::::::. ____________ _ 'V t:{_(, Q , · c Oect_c ~ 7 6 L Lt LiJ\ Revised 07/10 \ For: Date: P-1(0) Page 4 of 4 Form No. 1402.06 ALTA Owner's Policy (6-17-06) SCHEDULE A Fir§~t American Title Insurance Company Name and Address of Title Insurance Company: First American Title Insurance Company 1 First American Way Santa Ana, CA 92707 File No.: U-4774030 Address Reference: 4390 & 4394 Yuki Lane, Carlsbad, CA Amount of Insurance: $860,000.00 Date of Policy: February 10, 2015 at 4:59P.M. 1. Name of Insured: Pacific Beach 2014, LTD, a California limited partnership Policy No.: 4774030 Premium: $1,898.00 2. The estate or interest in the Land that is insured by this policy is: A fee. 3. Title is vested in: Pacific Beach 2014, LTD, a California limited partnership 4. The Land referred to in this policy is described as follows: Policy Page 5 Policy Number: 4774030 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOTS 1 AND 2 OF PARCEL MAP NO. 21144, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 28, 2014 AS FILE NO. 2014-0317270, OFFICIAL RECORDS. APN: 207-360-12-00 First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) File No. U-4774030 SCHEDULE B Policy No. 4774030 EXCEPTIONS FROM COVERAGE Policy Page 6 Policy Number: 4774030 This Policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: Part One: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien, or right to a lien for services/ labor or material not shown by the public records. Part Two: 1. General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. An easement for public utilities and incidental purposes in the document recorded April 3, 1943 in Book 1484, Page 147 of Official Records. 4. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded 1'1ay 15, 2014 as Instrument No. 2014-0200610 of Official Records. 5. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded May 15, 2014 as Instrument No. 2014-0200611 of Official Records. First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) Policy Page 7 Policy Number: 4774030 6. An easement shown or dedicated on the Map as referred to in the legal description For: Public utility, access and incidental purposes. Affects: Lots 1 and 2 7. A deed of trust to secure an indebtedness in the original principal amount of $559,000.00 recorded February 10, 2015 as Document No. 2015-0059364 of Official Records. Dated: January 28, 2015 Trustor: Pacific Beach 2014, LTD., a California Limited Partnership Trustee: Pacific Western Bank Beneficiary: Pacific Western Bank A document entitled Assignment of Rents recorded February 10, 2015 as Instrument No. 2015- 0059365 of Official Records, as additional security for the payment of the indebtedness secured by the deed of trust. First American Title Insurance Company PARCEL MAP NO. Zf I L/1..1 'ict ,~ CARLSBAD NO. MINOR SUBDIVISION MS 05-02 ·~-,0;:'~ ·w ,,ml N38"26'26"W 255B..!B' {CR!O} a.SB-ff7 SURVEY NOTES (j) 5£ARCH£ll FOR SET J.IONUIIENTS PER AIAP 10921. PU 6328, AND MAP 8539 010 NOT F7ND (g) HEZ.O RECORD ANGLE AND DISTANCE !:~~"~' Nlo'""';as!'JJ 8'-R-..--' "' 90• J!ii!!D!-itJIINGS zBSB_o.-ca'9s rf fD i+f1...L MONUMENT AT INTERSECTICW if PARK OR. ~ NEBIJNA Dl?. --J'----of ~- N 199764!1.425 £ 62J4480..9Jf NAD 83 PER ROS 17271 ct58-/18c, r:::: ·--._ FD 2" IP & DISC 011 TOP SJ.CPE / "' r:p~c;:;; ::J::~. ST. I \ N !998406.142 £8231123.993 I NA!J 8J PER ROS 17271 I I I I I I I I I I I UNF 8EA!IING DISTANCE I Ll N55L5'28"E 5.00' L2 S21:14J2"F 5.DO' \ LOT J \ \ \ / / // // )..---, ///LOTS // LOT 4 / /-----/ / I I-'--// ___ , & \// "'-! f!ii! v- I \ LOT 6 \ LOT 2 \ j MAP]NO. /092! cr 81-23 I / / LOTI u N65'25'2B"E 5.00' I I \ ~1\ I ~ ~ ----~ ~ GROSS 15,66.1 SO FT NIT 15.563 stJ FT u 524:14'32"£ 5.00' l5 N24:J4'J2·w 500' l6 N6525?B'F soo· L7 524"34'32"£ 5.00' L8 S6525'28"W 5.00' /i W DETAIL "A" I '='I __!::;_ ,. , 2a· L5 ~ ·~ ;i I I I LOT 1 PARCEL \ \ \ \ \ I I ~ ~ C> ..-'%--- ~ en m .,. a -< "'-oe> .,..,. "' C> _, z oz -0 . ---~__, ---_,,__, '-"' \ ~ MAP 6328 SHEET 2 OF 3 SHEETS LEG[ND • .. 0 IP FV Al5) INDICA T£S FOWO t.ICifU/.IENT AS OESCR!BEJ) HEREON INDICATES FOUND STREET 1/CWUJ.IEJIT SWIPED LS #188 PER /.lAP 10921 INDICATES SET 2"x2·r IRON PIPE W/W STAJIP£0 1S 85!/ INDICATES !RCW PfPE INOICA TES FOIJND INDICA 1ES RECORD DATA PER UAP NO. 10921 INDICATES RECORD DATA PER PARCEL IJAP NO. 5328 INDICATES RFC!JRf) DATA PER MAP NO. 85J9 /NDfCAT[S S!JBOMSJON BOIJNDARY INDICATES LOT UN£ BASIS OF B£AR!NGS THE BASJS rF BEARINGS FOR THfS .SVR~ IS THE CAJJFWMA COORO!NA TE SYSTEJI !98J 7i'J!YP h tQQf .J"i t:Pr>r.R NORTH AUEJ?ICAN nA 71)11 OF !983 (N,4JJ8J) GRID BEARINGS ~ pr.··NfJ. f1fi iNO p[ NiJ. f11 AS 9Jo COOROINA rts ARE, PUBliSHED IN THE GTf CF CARLSBAD SI.JRYFY CONTRa. NETMJRJ( ESTABU9f8J BY R£cmD rF SUR't£Y NO. !7271, R!.En IN lHE OFRC£ CF THE SAN {){EGO REcmtJER ON FEBR!JARY ~ 2002. l£ N14:J9'061¥. REFEJ?ENCE B£ARINCS FRC11 OTHER DOClJJ,/EJITSj!J££1JS JJA Y OR .UA Y NOT 8£ IN TERMS OF SAID SYSTEJ,l THE COIJBINED SCAJ£ FACrDR AT PT. NQ !18/S 0.999960680 GRID OISTANC£ = CRCNJND DfSTAJIC£ X ca.IBINED G'flfl FAC'!'Ci? NOTES: UNl£SS OJHERIHSE' SHOiffl HEREON. A J/·r X !8" IRON PIPE HflH P!.ASllC CAP JIARKE!J "lS 8517" Hfll BE SIT AT ALL !NTERICR LOT c-a?NERS. ca?NERS ALONG O£DICA lED STREET RIGHT CF /fAY IHLL BE !.ION!JMEJITED ltflH A l£JJJ cf DISC CtV THE EXTEJ/90N OF THE LOT UN£ AT AN CfFSET OF 300~ IN THE £!£NT THE ABO't£ TYPE fY J,/Cfi!JIIENT CANNOT BE SET DUE m !JNFORESEEN C/RCUIJSTANCCS. A lXSC !IARK[J) LS 8517 SET IN t.£A1J IN CCWCRETE Hfll BE SUBSTJTVTE!J AT lHE TRUE POS/llCtV SHOHN CW THE UAP. All DISTANCES AND/OR STREET HfDTHS SHOIW ON mtS UAP HfTHOlfT OEGI.IAL POINTS REPRE5lNT THAT D!STANCC JO ONE HUNDREDTHS OF A FIXJ[ UNLESS OTHERIHSE SHOiffl, ALL CURl£5 ARE TANGENT CURJCS. lDTAl NU/.18£R ff LOTS IS J R£5/!}[NJlAL LOTS. fiRST AND lAST lOT NUUEIE.RS ARE 1 .t J RESP£Cll';fl Y. mTAI. GROSS AREA: !. 175 ACRES £AS£M£NTS 17'. PRIVATE UTrUTY EASEJ.IENT PER 8K 1481. PG. U? OF 0./i, REC&lJ£1) APRIL ...t !9-IJ. \C..I NOT PLOTTABI.£ @ PUBUC ROAD .t !JT!UT( EASEJ.IENT PER OX. NO. 82-IH-5819 OF O.R., R£CCRfJE!J FEBRUARY 19. 1982 PlOTTEIJ IIE.RECN (PfflllCW r£ iHIIT£Y DRf't£) "' I I / LOT 2 GROSS 12.5$ SOFT NIT 12558 5I) FT lOT J _.--t--:J _........----© !2 FOOT IHD£ SDG&:£ POl£ UNE EASEJ,IENT PER OX. Na 6(}-242029 REca?OED D£C81BER 1-J., 196a Pl.OTTE!J HERECW. ./ "' --STREETCB>'IIh'UNE\ T ---- PER MAP 10921 \;: -'MIITEY DRIVE -jN66D748•t !5J:.52' (N65:JI~E 164.44' 61.09' GROSS 19, 08J SO FT NET 19,08.1 SQ FT ~ ~ ::.... --!N68Vt'48~E !97.95' (N85Jt'58~£ 198.00/ 1 ··--rf{}j; . fD J/4" IP IY/ BRASS DISC ~ ' · .-· ro r tP W,/_P!N ACCEPTED fl24j4'J;"W 2o.sr' SWIP£0 RCE ff.J8 PER MAP 8539. ~ ~ § ~ ~ -- --c--1 Ast"'!P PER?u 632a B·H,: (((85.8(})) !04.84' (((1tu.25'})) ~ ~ ~ ~ "" N81"JJ'09"E 267.04' I ((Nono'55"E 267.28'}) I ~ LOT 2 FO 3/4" IP NO TAG; ACCEPTED AS 2" I ~~~ IPPERVAP 8539. SET TAC LS85!7 LOT 4 / wr J I ""~ I I CARLSBAD /TRACT NO. 74-6 ~~ I I MAP NO. 8539 I «:<::> ' I lin !Bl!Eii\!ILUND zmoa>..w~<=ro.m25-(7ro)"o-em--~"" JZ::::j ENGINEERING FD BENT 3/·r !P W/ BRASS DISC STAi.fPED RCE 1136 PER .IIAP 85J9. arJ' fli'CMI UN£ NOT ACCEPTED AS 011 UN£ (SHOIW EXAIXERAIEO} \ ~ ~ \ \ --- NAD 83 CAUF. COORD. INDEX: 362-1665 TPM 05-02 CITY !:*" CARLSBAD Form No. 1402.06 ALTA Owner's Policy (6-17-06) I First American Title Privacy Information Policy Page 8 Policy Number: 4774030 We Are Committed to Safeguarding Customer Informaltion 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 subsidiaries 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 that 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. Fi1·st American has also adopted broader guidelines that govern our use of personal information regardless of 1ts source. First American calls these guidelines its Fair Information Values. 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 penod 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 effo1ts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply With federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates' Web sites on the World Wide web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usuall!f, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. we only offer pmducts and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect1 use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. we will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to pmtect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) 1100302P050600 Policy Page 1 Policy Number: 4774030 OWNER'S p~oLICY OF TITLE INSURANCE ISSUED BY First Atnerican Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insLwance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;: (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Tiitle not properly created, executed, witnessed, sealed,. acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly fi.led, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affectin!J the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoiniing land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any pa1t of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or ( ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this policy, but only to the extent provided in the Conditions. First American Title Insurance Company lJ-~t;//IL ·; !('!Vll'.:.~ J J.._·Hhn•.'ll\t ~--y,~~-s Ehsm Form No. 1402.06 ALTA Owner's Policy (6-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restrictin9, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental pclice power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this pclicy; (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 claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this pclicy. 5. Any lien on the Title for real estate taxes or assessments impcsed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDmONS 1. DEFINmON OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this pclicy, increased by Section B(b ), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or ( 4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. Policy Page 2 Policy Number: 4774030 (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpcse of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend il there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION Of INSURANCE The coverage of this pclicy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in thE Land, or holds an obligation secured by a purchase money Mortgage given b~' c purchaser from the Insured, or only so long as the Insured shall have liability bi reason of warranties in any transfer or conveyance of the Title. This pclicy shall nol continue in force in favor of any purchaser from the Insured of either (i) an estatE or interest in the Land, or ( ii) an obligation secured by a purchase money MortgagE given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of an) litigation as set forth in Section 5(a) of these Conditions, (ii) in case KnowledgE shall come to an Insured hereunder of any claim of title or interest that is adversE to the Title, as insured, and that might cause loss or damage for which thE Company may be liable by virtue of this pclicy, or (iii) if the Title, as insured, i! rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insurec Claimant under the pclicy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss 01 damage, the Company may, at its option, require as a condition of payment tha the Insured Claimant furnish a signed proof of loss. The proof of loss must describE the defect, lien, encumbrance, or other matter insured against by this pclicy tha constitutes the basis of loss or damage and shall state, to the extent pcssible, thE basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upcn written request by the Insured, and subject to the options containec in Section 7 of these Conditions, the Company, at its own cost and withou unreasonable delay, shall provide for the defense of an Insured ir litigation in which any third party asserts a claim covered by this pcliq adverse to the Insured. This obligation is limited to only those statec causes of action alleging matters insured against by this pclicy. ThE Company shall have the right to select counsel of its choice (subject to thE right of the Insured to object for reasonable cause) to represent thE Insured as to those stated causes of action. It shall not be liable for anc will not pay the fees of any other counsel. The Company will not pay an! fees, costs, or expenses incurred by the Insured in the defense of thosE causes of action that allege matters not insured against by this pclicy. (b) The Company shall have the right, in addition to the options contained in First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title,. as insured, or to prevent or reduce loss or damage to the Insured. lhe Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED ClAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecutin9 or defendin9 the action or proceedin9, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured uncler the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, Policy Page 3 Policy Number: 4774030 attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to I:Je made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damaqe sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured !'or liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION Of LIABILITY All payments under this policy, except payments made for costs, attorneys fees, and expenses, shall reduce the Amount of Insurance by the amount of thE payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pay: under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is execut:ec by an Insured after Date of Policy and which is a charge or lien on the Title, anc the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed ir accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under thi~ policy, it shall be subrogated and entitled to the rights of the Insurec Claimant in the Title and all other rights and remedies in respect to thE claim that the Insured Claimant has against any person or property, to thE extent of the amount of any loss, costs, attorneys' fees, and expense~ paid by the Company. If requested by the Company, the Insured Claimanl shall execute documents to evidence the transfer to the Company of thesE rights and remedies. The Insured Claimant shall permit the Company tc sue, compromise, or settle in the name of the Insured Claimant and tc use the name of the Insured Claimant in any transaction or litigatior involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of l:hE Insured Claimant, the Company shall defer the exercise of its right tc recover until after the Insured Claimant shall have recovered its loss. First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arisinfJ out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator( s) may be entered in any court of competent jurisdiction. 15. LIABiliTY liMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restl'icted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. Policy Page 4 Policy Number: 4774030 (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 1 First American Way, Santa Ana, CA 92707, Attn: Claims Department . ....................... 7 ......... , ........ 1 ............................................................................... 1111 POLil7Y OF TITLE INSURANCE First American Title Insurance Company