HomeMy WebLinkAboutCDP 16-34; LAVIN HOME; Coastal Development Permit (CDP)("city of
Carlsbad
APPLICATIONS APPLIED FOR: (CHECK BOXES)
LAND USE REVIEW
APPLICATION
P-1
-
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
~ Coastal Development Permit
D Conditional Use Permit
D Minor D Extension
D Day Care (Large)
D Minor
D Environmental Impact Assessment
D Habitat Management Permit D Minor
D Hillside Development Permit D Minor
D Nonconforming Construction Permit
D Planned Development Permit D Minor
D Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
D Site Development Plan D Minor
D Special Use Permit
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance OMinor
~p ltQ-:; 11-t D General Plan Amendment
D Local Coastal Program Amendment
D Master Plan D Amendment
D Specific Plan
D Zone Change
•Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
D Review Permit
D Administrative D Minor D Major B
NOTE: A PROPOSED PROJECT REQUIRING 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.
ASSESSOR PARCEL NO(S).: '2.Q+-('2-Z-10 ---=_:_ _____________________________ _
PROJECT NAME: L..-tvit-. l40YV--e,
BRIEF DEscRIPTI0N oF PROJECT 411 c,, ~ ft: \~~ vAU:. ~\---z.. 6:lo\'" '.:f "Po v-e<
14<:>tcl-hw<\1 ~ tt--1e 1 clew e~FtzHr'.'4 ho~ A{,..,!, ?\M~ 1qs,
BRIEF LEGAL DESCRIPTION: / ~ _j U
LOCATION OF PROJECT:
STREET ADDRESS
ON THE: SIDE OF _ _:C,=:..:.t\~=-""-'--'--'--=-U ~-'-----fwf___ _________ _
(NORTH, SOUTH, EAST, WESl] (NAME OF STREET)
BE1WEEN w vtb,-(cl-e,v id, AND G~~dt\. ~
(NAME OF STREET) (NAME OF STREET)
P-1 Page 1 of 6 Revised 03/16
OWNER NAME
(Print) :Be, kN -\-\.At)(' t l....wrtJ
MA 1L1NG ADDREss: _1 .... sew<..L., ........ c ... b,.,~"""".._.,_'-1$"=>-----',w..:....:...-e..-=--~~::::::E ZIP ~:~(~\q~'2@2
EMAIL ADDRESS: c/r, '.).
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
PURP ES OF, THI APPLICATION. Q
~ -\r-1.;
=-DAO'CT=E~----,
TELEPHONE:
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
DATE
APPLICANT'S REPRESENTATIVE (Print): __ _!t.J':::.J_~__(~~:e_~z__J~¥2'..!.1~~~~~--------
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLED
DATE
IN THE PROCESS OF REV WING HIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY C GIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. INI/E CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ~NY SU~ INTEREST.
" ~~OWNER SIGNATURE
FOR CITY USE ONLY
SEP O 2 2016
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
P-1 ·. Page2of6 Revised 03/16
Ccityof
Carlsbad
MINOR
COASTAL DEVELOPMENT PERMIT/
SINGLE FAMILY RESIDENCE
APPLICATION
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov P-6
A proposed project requiring 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 BACKGROUND
A. Estiinated Cost of Development:
Devi;,lopment 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 different types of residential construction. These costs are set by the
International Conference of Building Officials (ICBO) and are applied throughout San Diego
County.
Please complete the following information to assist in the determination of this project's cost of
development (Contractor proposals may also be submitted for consideration by the City
Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate.
New Residential Square Footage: 4:-110 square feet x $ 189 ,,02'.lsq. ft.= $___,,.(o=(e=~+' _3_~~---1""' l Residential Addition Square Footage:
•
• ______ square feet x $ · /sq. ft. = $. ________ _
Any Garage Square Footage: -2_, A..-. ':) % square feet X $1 :;;,v,; 'T~ /sq. ft. = $._2-=-f};-+q_:;,___:8:...._ __
Resi<fential 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: $. ___ ___,(e'--q--'-:7---+'-1.,..<-0_(o--=-----
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimate) D
2. A Coastal p~~ejop'ment Permit ($60,000 or more cost estimate) ~
C. Street address of proposed development
l'?B Ch~hsut Ave-
D. Assessor's Parcel Number of proposed development
2-o+-!U. -10
P-6 Page 1 of6 Revised 01/16
P-6
Is tandem parking existing?
Is tandem parking proposed?
0Yes#_.l'@'No
0Yes#_~o
C. Grade Alteration:
Is any grading proposed? ffves D No
If yes, please complete the following:
1. Amount of cut _____ -=c_.c. ___________ cu. yds.
2.
3.
4.
5.
6.
Amount of fill ______ ~:,,:c... __________ ,cu. yds.
Maximum height of fill slope feet
Maximum height of cut slope Cu~ ~ ~ feet
Amount of import or export '??CJ cu. yds.
Location of borrow or disposal site __ __,LD=.:C'\'\c.c...: __________ _
Page 3 of 6 Revised 01/16
C. BUILDING ELEVATIONS AND FLOOR PLANS -Four (4) copies for a Minor Coastal
Development Permit and four (4) copies a Single Family Coastal Development Permit prepared
on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following
information:
~ -Location and size of storage areas.
02. All buildings, structures, wall and/or fences, signs and exterior lights.
03. Existing and proposed construction.
04. Provide documentation demonstrating compliance with City Council Policy 44 -
Neighborhood Architectural Design Guidelines (if applicable).
05. Building Heights of all structures (top of roof and top of roof projections)
COLORED SITE PLAN 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 (1) set of colored elevations to the
Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do
not mount exhibits.
.. 'A completed Land Use Review Application Form.
Completed Coastal Development Permit Application.
C.' Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with ~ ning staff regarding Minor Coastal Development Permits and Single Family Coastal
elopment Permits for any environmental review requirements.
losure Statement. . ~ ~ (2) copies of the Preliminary Title Report (current within the last six (6) months).
[]f./completed "Project Description/Explanation" sheet.
. Two copies of a completed and signed "Storm Water Standards Questionnaire" (form E-34).
This form can be found on the City's website. (Distribute copy to Land Development
Engineering).
'--B1't If, when completing the Storm Water Standards Questionnaire, the project is subject to
"Standard Project," requirements, submit a completed and signed "Standard Proiect
Requirement Checklist" (form E-36) in accordance with the City BMP Design Manual per the
City of Carlsbad Engineering Standards, latest version. Br.--If, when completing the Storm Water Standards Questionnaire, the project is defined as a
A riority Development Project," submit a preliminary Storm Water Quality Management Plan
WQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad
ngineering Standards, latest version. Refer to the city's SWQMP template (form E-35).
operty Owner's List and Addressed Labels:
Single Family Residence
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), all occupants within a 100' radius of the
subject property, and the applicable Homeowners Association (HOA). The list shall include the San
Diego County Assessor's parcel number from the latest assessment rolls.
2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject
property, all occupants within a 100' radius and the applicable HOA. The list must be typed in all
CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family
residence, an apartment, suite or building number must be included on a separate line. DO NOT
include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON
LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts
are:
P-6 Page5of6 Revised 01/16
{city of
Carlsbad
PROJECT DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: -----=1/W--=---_\_N_~c...:· '---------------
APPLICANT NAME: SaoK'1 Wor~\~.
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
. '
P-1 (8) Page 1 of 1 Revised 07/10
(city of
Carlsbad
DISCLOSURE 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 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, 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 rrool,{~\J\JQ(}bl\\l4 Corp/Part _________ _
Title Whl~ ~ Title ___________ _
Address 6 rAN<i Jenre ';:7v'i~6 Address -------------~.
2. OWNER (Not the owner's a en!)
P-1(A)
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 THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) 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 &(Jh;i \-.Avh.:i Corp/Part _________ _
Title Ot,)l•-lW Title _____________ _
Address \S'c? Che,~ur /We.-Address _________ _
(M'~~, ~ ll w~
l
Page1of2 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 Profitrrrust________ Non Profitrrrust _________ _
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 /2srNo 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.
ignature of owner/date
Print or type name of owner
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page2of2 Revised 07/1 O
-·.
(city of
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.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.
D The development project and any alternatives proposed in this application fill! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
Phone Number: 1W 1~q pqtp7
PROPERTY OWNER
Name: b'lAN \..,.e-v I l'J
Address: I<::>~ Che~V(f /4-v-e
Ow'~~ {(Is' '1-zaJfo
Phone Number: U? I"! -':xi€:> -2, I '1 lb
Address of Site: __ ---1-\ ?0__...c..,::::__..>:Cc::c~e....::....<'---'---!..::..:u:....:,\---:........:twc.,___:_-"'e=------------
Local Agency (City and County): ___ _,D_,_'IW:,_,._,..l?:;...~,:.:__:_-=----11------'~,:_· /4N _ _:,:p::__,_~c-+o __ w_u_~--+-
Assessor's book, page, and parcel number: ::2.o4--1 '2,'2-..;o -00
Specify list(s):. _______ _;_~-.!..1-~-------------------
Regulatory Identification Number:_.:_c_.£:!...p. ________________ _
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
Ccityof
Carlsbad
EIA INFORMATION
FORM
P-1(D}
INSTRUCTION SHEET FOR COMPLETING AN
ENVIRONMENTAL IMPACT ASSESSMENT
INFORMATION FORM
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
This Environmental Information Form will be used to assist staff in determining what type of
environmental documentation (i.e., Environmental Impact Report, Mitigated Negative
Declaration, Negative Declaration or Exemption) will be required to be prepared for your
application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's
Municipal Code. The clarity and accuracy of the information you provide is critical for purposes
of quickly determining the specific environmental effects of your project.
Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are
necessary to substantiate a "no impact" or "yes impact" determination should be
submitted as an attachment to this Environmental Information Form. This is especially
important when a Negative Declaration is being sought. The more information provided in this
form, the easier and quicker it will be for staff to complete the Environmental Impact
Assessment Form -Initial Study.
P-1(D) Page 1 of4 Revised 07/10
C 0
ENVIRONMENTAL INFORMATION FORM ·
(To be Completed by Applicant)
Date Filed: __ CJ---L-/z_~/'-'/--'-{p ______ (To be completed by City)
Application Number(s): __________________________ _
General Information t
1.
2.
3.
4.
5.
6.
7.
8.
9.
Name of project: ----'-W __ l ~--~--~---'------------------
-12.-• I ~,. 1 A.,1, .. 1 Name of developer or project sponsor: _1-::!l'--"--''"'AN"-'-"·c..,t--'--_N:'Y_,_,,,_-=v"-'-'/f'--'-LJrV---' ~ _____ _
Address: __.J~Sf::"-'--".>_.G""'hd-:N~"-"--'~\J_,_}=_ht_:;_:__· ___________ _
City, State, Zip Code: IAf:b-bW 6(1 '1-Z:VOo
Phone Number: -~0,_o;_____,:].._,W,c.=.__7..L..:'2:....q_,___,~=---.,_,&7=---<. _________ _
Name of person to be contacted concerning this project: 6fa:i(.L::z ltJ9J i6i ; ro;
Address: £:o:X, \04:::\
City, State, Zip Code: __ __,W"-"--" __ j"--h"-"'bMc...u..__1-tl\ __ 6t_'20 __ \_@> ______ _
Phone Number: ____ 7.,_,.,_0--=0'-----7'-~=--q,___l _':3Cj--"-"'&;--S,"'----------
Address of Project: _ __,l_0;.___c_6_~:....::;_.::...;:.hi..:._;_vr;___~_;;__}-_________ _
Assessor's Parcel Number: ---'2.t:4=_.__-__:/..:2:_::7-=---'-10 ____________ _
List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
Existing General Plan Land Use Designation: ________________ _
Existing zoning district: ------,-----~---~~----------
L ch / flo" , ciO Existing land use(s): ----~-"--/_\,__~-""--1----L=-..:.'_~ __________ _ I
Proposed use of site (Project for which this form is filed): _ __,(<'-'-_-_,)'---------
Project Description
Sitesize: _____ 4:~3>~J~7--,tp--~-----------10.
11. Proposed Building square footage: _4-'-7-'--'7~0~_t'~-------------
12: Number of floors of construction:
13. Amount of off-street parking provided:
14. Associated projects: ----------1'-'--j""-----------------
P-1 (D) Page 2 of 4 Revised 07/1 O
•
15. If residential, include the number of units and schedule of unit sizes: -~(..,1~)~-------
4 :oea \\} ,<ih ~~ite 4770 p
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: --~-------------------
N
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
P-1 (D) Page 3 of4 Revised 07/10
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or
roads.
22. Change in pattern, scale or character of general area of project.
23. Significant amounts of solid waste or litter.
24. Change in dust, ash, smoke, fumes or odors in vicinity.
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity.
27. Site on filled land or on slope of 10 percent or more.
28. Use of disposal of potentially hazardous materials, such as toxic substances,
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage,
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31. Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
Yes ~ •
• 0'
• 12(
• ff
• 0-'
• ~
• J:2r"
• .12(
• w
• ff
• 12('
• w
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 ability, and that the facts, statements, and
information presented are true and correct to the best of my knowle elief.
Date: q l·i/1/o Signature:
For:
P-1(0) Page 4 of 4 Revised 0711
•
C
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE
FOR A ONE-TO-FOUR FAMILY RESIDENCE
Issued By:
CHICAGO TITLE INSURANCE COMPANY
--··-...
I __ ,.,I
OWNER'S INFORMATION SHEET
Your Title Insurance Policy is a legal contract between You and Us.
Policy Number:
73713016069
It applies only to a one-to-four family residence and only if each insured named in Schedule A is a Natural Person. If the
Land described in Schedule A of the Policy is not an improved residential lot on which there is located a one-to-four family
residence, or if each insured named in Schedule A is not a Natural Person, contact Us immediately.
The Policy insures You against actual loss resulting from certain Covered Risks. These Covered Risks are listed on the
Policy. The Policy is limited by:
Provisions of Schedule A
Exceptions in Schedule B
Our Duty To Defend Against Legal Actions
Exclusions
• Conditions
You should keep the Policy even if You transfer Your Title to the Land. It may protect against claims made against You by
someone else after You transfer Your Title.
IF YOU WANT TO MAKE A CLAIM, SEE SECTION 3 UNDER CONDITIONS.
The premium for this Policy is paid once. No additional premium is owed for the Policy.
This sheet is not Your insurance Policy. It is only a brief outline of some of the important Policy features. The Policy
explains in detail Your rights and obligations and Our rights and obligations. Since the Policy -and not this sheet -is the
legal document,
YOU SHOULD READ THE POLICY VERY CAREFULLY.
If You have any questions about Your Policy, contact:
Chicago nIe Company, 2365 Northside Drive, Suite 600, San Diego, CA 92108
Copyright American land Title Association. All rights reserved.
The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land TiUe Association.
AMERICAN
LAND TITlE
.4.~SOCIATION
ALT A Homeowner's Policy of Title Insurance (02/03/2010) Printed: 02.10.14@ 10:33AM
CA-CT-FWDO-02180.055820-SPS-n420-1-14-73713018069
~ ..._
CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73713016069
TABLE OF CONTENTS
OWNER'S COVERAGE STATEMENT
COVERED RISKS
OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS
EXCLUSIONS
CONDITIONS
1. Definitions
2. Continuation of Coverage
3. How to Make a Claim
4. Our Choices When We Learn of a Claim
5. Handling a Claim or Legal Action
6. Limitation of Our Liability
7. Transfer of Your Rights to Us
8. This Policy is the Entire Contract
9. Increased Policy Amount
10. Severability
11 . Arbitration
12. Choice of Law
Copyright American land Title Association. All rights reserved.
SCHEDULE A
Policy Number, Premium, Date and Time and
Amount
Deductible Amounts and Maximum Dollar
Lim its of Liability
Street Address of the Land
1. Name of Insured
2. Interest in Land Covered
3. Description of the Land
SCHEDULE B -EXCEPTIONS
AMERICAN
lANO TITLE
A!i)OCIATION
The use of this Form is resbicted to ALTA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Al TA Homeowner's Policy of Title Insurance (02/03/201 O) Printed: 02.10.14@ 10:33AM
CA-CT-FWDQ.-02180.055820-SPS-72420-1-14-73713016069
C -CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73713016069
As soon as You Know of anything that might be covered by this Policy, You must notify Us promptly in writing at
the address shown in Section 3 of the Conditions.
OWNER'S COVERAGE STATEMENT
This Policy insures You against actual loss, including any costs, attorneys' fees and expenses provided under this Policy.
The loss must result from one or more of the Covered Risks set forth below. This Policy covers only Land that is an
improved residential lot on which there is located a one-to-four family residence and only when each insured named in
Schedule A is a Natural Person.
Your insurance is effective on the Policy Date. This Policy covers Your actual loss from any risk described under Covered
Risks if the event creating the risk exists on the Policy Date or, to the extent expressly stated in Covered Risks, after the
Policy Date.
Your insurance is limited by all of the following:
• The Policy Amount
For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in
Schedule A
• The Exceptions in Schedule B
• Our Duty To Defend Against Legal Actions
• The Exclusions
• The Conditions
COVERED RISKS
The Covered Risks are:
1. Someone else owns an interest in Your Title.
2. Someone else has rights affecting Your Title because of leases, contracts, or options.
3. Someone else claims to have rights affecting Your Title because of forgery or impersonation.
4. Someone else has an easement on the Land.
5. Someone else has a right to limit Your use of the Land.
6. Your Title is defective. Some of these defects are:
a. Someone else's failure to have authorized a transfer or conveyance of your Title.
b. Someone else's failure to create a valid document by electronic means.
c. A document upon which Your Title is based is invalid because it was not properly signed, sealed, acknowledged,
delivered or recorded.
d. A document upon which Your Title is based was signed using a falsified, expired, or otherwise invalid power of
attorney.
e. A document upon which Your Title is based was not properly filed, recorded, or indexed in the Public Records.
f. A defective judicial or administrative proceeding.
7. Any of Covered Risks 1 through 6 occurring after the Policy Date.
8. Someone else has a lien on Your nIe, including a:
a. lien of real estate taxes or assessments imposed on Your Title by a governmental authority that are due or
payable, but unpaid;
b. Mortgage;
c. judgment, state or federal tax lien;
d. charge by a homeowner's or condominium association; or
e. lien, occurring before or after the Policy Date, for labor and material furnished before the Policy Date.
9. Someone else has an encumbrance on Your Title.
Copyright American land Title Association. All rights reserved.
The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license tom the American Land TiUe Association.
AMERICAN
LAND TITLE
MSOCIATION
AL TA Homeowner's Policy of Title Insurance (02/03/:2010) Printed: 02.10.14@ 10:33AM
CA-CT-FW00-02180.055820-S PS-72420-1-14-73713016069
-··,
CHICAGO TITLE INSURANCE £PANY POLICY NO. 73713016069
10. Someone else claims to have rights affecting Your Title because of fraud, duress, incompetency or incapacity.
11. You do not have actual vehicular and pedestrian access to and from the Land, based upon a legal right.
12. You are forced to correct or remove an existing violation of any covenant, condition or restriction affecting the Land,
even if the covenant, condition or restriction is excepted in Schedule B. However, You are not covered for any
violation that relates to:
a. any obligation to perfonn maintenance or repair on the Land; or
b. environmental protection of any kind, including hazardous or toxic conditions or substances
unless there is a notice recorded in the Public Records, describing any part of the Land, claiming a violation exists.
Our liability for this Covered Risk is limited to the extent of the violation stated in that notice.
13. Your Title is lost or taken because of a violation of any covenant, condition or restriction, which occurred before You
acquired Your Title, even if the covenant, condition or restriction is excepted in Schedule B.
14. The violation or enforcement of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; or
f. environmental protection,
if there is a notice recorded in the Public Records, describing any part of the Land, claiming a violation exists or
declaring the intention to enforce the law or regulation. Our liability for this Covered Risk is limited to the extent of the
violation or enforcement stated in that notice.
15. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 14 if there
is a notice recorded in the Public Records, describing any part of the Land, of the enforcement action or intention to
bring an enforcement action. Our liability for this Covered Risk is limited to the extent of the enforcement action stated
in that notice.
16. Because of an existing violation of a subdivision law or regulation affecting the Land:
a. You are unable to obtain a building pennit;
b. You are required to correct or remove the violation; or
c. someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a
Mortgage loan on it.
The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar
limit of liability shown in Schedule A.
17. You lose Your Title to any part of the land because of the right to take the Land by condemning it, if:
a. there is a notice of the exercise of the right recorded in the Public Records and the notice describes any part of the
land; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the
taking.
18. You are forced to remove or remedy Your existing structures, or any part of them -other than boundary walls or
fences -because any portion was built without obtaining a building permit from the proper government office. The
amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar limit
of liability shown in Schedule A.
19. You are forced to remove or remedy Your existing structures, or any part of them, because they violate an existing
zoning law or zoning regulation. If You are required to remedy any portion of Your existing structures, the amount of
Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar limit of liability
shown in Schedule A.
Copyright American Land Tille Association. All rights raserved. AMERICAN
LAND TITLE
AjSOCIATION
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land TiUe Association.
ALT A Homeowner's Policy of Title Insurance (02/03/2010) Prin1"d: 02.10.14@10:33AM
CA-CT -FWD0-02180.055820-SPS-72420-1-14-73713016069
C CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73713016069
20. You cannot use the Land because use as a single-family residence violates an existing zoning law or zoning
regulation.
21. You are forced to remove Your existing structures because they encroach onto Your neighbor's land. If the
encroaching structures are boundary walls or fences, the amount of Your insurance for this Covered Risk is subject to
Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
22. Someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a
Mortgage loan on it because Your neighbor's existing structures encroach onto the Land.
23. You are forced to remove Your existing structures which encroach onto an easement or over a building set-back line,
even if the easement or building set-back line is excepted in Schedule B.
24. Your existing structures are damaged because of the exercise of a right to maintain or use any easement affecting the
Land, even if the easement is excepted in Schedule B.
25. Your existing improvements (or a replacement or modification made to them after the Policy Date), including lawns,
shrubbery or trees, are damaged because of the future exercise of a right to use the surface of the Land for the
extraction or development of minerals, water or any other substance, even if those rights are excepted or reserved
from the description of the Land or excepted in Schedule B.
26. Someone else tries to enforce a discriminatory covenant, condition or restriction that they claim affects Your Title
which is based upon race, color, religion, sex, handicap, familial status, or national origin.
27. A taxing authority assesses supplemental real estate taxes not previously assessed against the Land for any period
before the Policy Date because of construction or a change of ownership or use that occurred before the Policy Date.
28. Your neighbor builds any structures after the Policy Date -other than boundary walls or fences -which encroach onto
the Land.
29. Your Title is unmarketable, which allows someone else to refuse to perform a contract to purchase the Land, lease it
or make a Mortgage loan on it.
30. Someone else owns an interest in Your Title because a court order invalidates a prior transfer of the title under federal
bankruptcy, state insolvency, or similar creditors' rights laws.
31. The residence with the address shown in Schedule A is not located on the Land at the Policy Date.
32. The map, if any, attached to this Policy does not show the correct location of the Land according to the Public
Records.
OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS
We will defend Your Title in any legal action only as to that part of the action which is based on a Covered Risk and which
is not excepted or excluded from coverage in this Policy. We will pay the costs, attorneys' fees, and expenses We incur in
that defense.
We will not pay for any part of the legal action which is not based on a Covered Risk or which is excepted or excluded from
coverage in this Policy.
We can end Our duty to defend Your Title under Section 4 of the Conditions.
Copyright American Land Title Association. All rights reserved.
AMERICAN
LAND TITLE
... s~oc1 .. noN
The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALT A Homeowner'& Policy of Title Insurance (02/03/2010) Printed: 02.10.14@ 10:33AM
CA-CT -FWD0-02180.055820-S PS-72420-1-14-73713016069
CHICAGO TITLE INSURANCE &PANY POLICY NO. 73713016069
THIS POLICY IS NOT COMPLETE WITHOUT SCHEDULES A AND B.
IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by
its duly authorized officers.
Chicago ntle Company
2365 Northside Drive, Suite 600
San Diego, CA 92108
Countersigned By:
Authorized Officer or Agent
Copyright American Land Title Association. All rights reserved.
Chicago TIiie Insurance Company
By:
President
Attest:
Secretary
AMERICAN
LAND TITLE
A~mcrATION
The use of this Form is resbicted to ALTA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALT A Homeowner's Policy of Title Insurance (02J03/2010} Printed: 02.10.14 @10:33AM
CA-CT-FWD0-02180. 055820-SPS-72420-1-14-73713018069
~
CHICAGO TITLE INSURANCE C~PANY
Date of Policy
January 24, 2014 at 04:32PM
Our name and address is: Richard Cesar Moore
Chicago Title Company
SCHEDULE A
Policy Amount
$1,050,000.00
2365 Northside Drive, Suite 600
San Diego, CA 92108
Deductible Amounts and Maximum Dollar Limits of Liability
For Covered Risk 16, 18, 19 and 21:
POLICY NO. 73713016069
Premium
$2,434.00
Your Deductible Amount Our Maximum Dollar Limit of Liability
Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A $ 10,000.00
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
$2,500.00
(whichever is less)
or
1.00% of Policy Amount Shown in Schedule A
or
$5,000.00
(whichever is less)
1.00% of Policy Amount Shown in Schedule A
or
$5,000.00
(whichever is less)
1.00% of Policy Amount Shown in Schedule A
or
$2,500.00
(whichever is less)
Street Address Of The Land: 158 Chestnut Ave, Carlsbad, CA 92008
1. Name of Insured:
Brian Lavin and Laura Lavin, husband and wife as joint tenants
2. Your interest in the Land covered by this Policy is:
Fee
3. The Land referred to in this Policy is described as:
$ 25,000.00
$ 25,000.00
$ 5,000.00
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
END OF SCHEDULE A
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
AMERICAN
L~ND TITLE
A,55CX::IAT10N
ALTA Homeowner's Policy of Title Insurance (02/03/2010) Pnn1od·. 02.10.14 @10-.33AM
CA-CT-FWDO-02180.055820-SPS-72420-1 ·14-73713018069
r .... ,
For APN/Parcel 10(s): 204-122-10-00
EXHIBIT "A"
Legal Description
--
Lot 6 in Block "B" of Palisades, in the City of Carlsbad, County of San Diego, State of California, according
to Map thereof No. 1747, filed in the Office of the County Recorder of San Diego County, February 5,
1923.
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
AMERICAN
!AND TITLE
ASJOCIATION
ALT A Homeowner's Policy of Title Insurance (02/03/2010) Printed: 02.10.14@ 10:33AM
CA-CT -FWD0-021 80.055820-S PS-72420-1-14-73713016069
-,,.-
CHICAGO TITLE INSURANCE chiVf PANY POLICY NO. 73713016069
SCHEDULE 8
EXCEPTIONS
In addition to the Exclusions, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be
levied for the fiscal year 2014-2015.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with
Section 75) of the Revenue and Taxation Code of the State of California.
3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No.:
Affects:
San Diego Gas & Electric Company
public utilities and incidental purposes
July 10, 1923
in Book 961, Page 3, Deeds
within the Northwest 6 feet
4. A deed of trust to secure an indebtedness in the amount shown below,
Amount: $546,250.00
Dated: January 21, 2014
Trustor/Grantor: Brian Lavin and Laura Lavin, husband and wife as joint tenants
Trustee: Chicago Title Company
Beneficiary: First Nations Home Finance Corp., a California Corporation and Mortgage Electronic
Registration Systems, Inc., solely as nominee for the Lender, its successors and assigns, as their interests may
appear
Loan No.:
Recording Date:
Recording No:
24001207
January 24, 2014
2014-0033697, Official Records
END OF SCHEDULE B
Copyright American Land Title Association. All rights reserved.
AMERICAN
tAND TtTlf
Al~O(IAT10N
The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALT A Homeowner's Policy of Title Insurance (02/03/2010) Printed: 02.10.14@ 10:33AM
CA-CT-FWDQ.-02180.055820-SPS-n420-1-14-73713016069
,,_
CHICAGO TITLE INSURANCE cbfflPANY POLICY NO. 73713016069
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 those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
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 limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning It. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Kno'Ml to You at the Policy Date, but not to Us, unless they are recorded 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.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in sb"eets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential b"ansfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
CONDITIONS
1. DEFINITIONS
a. Easement -the right of someone else to use the Land for a special purpose.
b. Estate Planning Entity -A legal entity or Trust established by a Natural Person for estate planning.
c. Kn2Y!'.D. -things about which You have actual knowledge. The words "Know" and "Knowing~ have the same meaning as Known.
d. .I.Ang -the land or condominium unit described in para"°aph 3 of Schedule A and any improvements on the Land which are real property.
e. Mortgage -a mortgage, deed of trust, trust deed or other security instrument.
f. NabJral Person -a human being, not a commercial or legal organization or entity. Natural Person includes a trustee of a Trust even if the
trustee is not a human being.
g. Policy Date -the date and time shown in Schedule A. If the insured named in Schedule A first acquires the interest shown in Schedule A by
an instrument recorded in the Public Records later than the date and time shown in Schedule A, the Policy Date is the date and time the
instrument is recorded.
h. Public Records -records that give constructive notice of matters affecting Your Trtte, according to the state statutes where the Land is
located.
i. ~-the ownership of Your interest in the Land, as shown In Schedule A.
j. To.mt-a living trust established by a Natural Person for estate planning.
k. We/Our/Us -Blank TiUe Insurance Company.
I. YouNour -the insured named in Schedule A and also those identified in Section 2.b. of these Conditions.
2. CONTINUA 11ON OF COVERAGE
a. This Policy insures You forever, even after You no longer have Your Title. You cannot assign this Policy to anyone else.
b. This Policy also insures:
(1) anyone who inherits Your Title because of Your death;
(2) Your spouse who receives Your Title because of dissolution of Your marriage;
(3) the trustee or successor trustee of a Trust or any Estate Planning Entity to whom You transfer Your Title after the Policy Date;
(4) the beneficiaries of Your Trust upon Your death; or
(5) anyone who receives Your Title by a transfer effective on Your death as authorized by law.
Copyright American Land Titte Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
AMERICAN
t,1,ND TITLE
ASSOCIATION
ALT A Homeowner's Policy of TiUe Insurance (02J03/2010) Printed: 02.10.14@ 10:33AM
CA-CT -FWDO-02180 .055820-SPS-72420-1-14-73713016069
-CHICAGO TITLE INSURANCE co'ilPANY POLICY NO. 73713016069
( continued)
c. We may assert against the insureds identified in Section 2.b. any rights and defenses that We have against any previous insured under this
Policy.
3. HOW TO MAKE A CLAIM
a. Prompt Notice Of Your Claim
(1) As soon as You Know of anything that might be covered by this Policy, You must notify Us promptly in writing.
(2) Send Your notice to Chicago Tttle Insurance Company, P.O. Box 45023, Jacksonville, FL 32232-5023, Atin: Claims Department.
Please include the Policy number shown in Schedule A, and the county and state \/mere the Land is located. Please enclose a copy of
Your policy, if available.
(3) If You do not give Us prompt notice, Your coverage will be reduced or ended, but only to the extent Your failure affects Our ability to
resolve the claim or defend You.
b. ProofOfYourloss
(1) We may require You to give Us a written statement signed by You describing Your loss which includes:
(a) the basis of Your claim;
(b) the Covered Risks which resulted in Your loss;
(c) the dollar amount of Your loss; and
(d) the method You used to compute the amount of Your loss.
(2) We may require You to make available to Us records, checks, letters, contracts, insurance policies and other papers which relate to
Your claim. We may make copies of these papers.
(3) We may require You to answer questions about Your claim under oath.
(4) If you fall or refuse to give Us a statement of loss, answer Our questions under oath, or make available to Us the papers We request,
Your coverage will be reduced or ended, but only to the extent Your failure or refusal affects Our ability to resolve the claim or
defend You.
4. OUR CHOICES WHEN WE LEARN OF A CLAIM
a. After We receive Your notice, or otherwise learn, of a claim that is covered by this Policy, Our choices include one or more of the following:
(1) Pay the claim;
(2) Negotiate a settlement;
(3) Bring or defend a legal action related to the claim;
(4) Pay You the amount required by this Policy;
(5) End the coverage of this Policy for the claim by paying You Your actual loss resulting from the Covered Risk, and those costs, attorneys'
fees and expenses incurred up to that time which We are obligated to pay;
(6) End the coverage described in Covered Risk 16, 18, 19 or 21 by paying You the amount of Your insurance then in force for the particular
Covered Risk, and those costs, attorneys' fees and expenses incurred up to that time which We are obligated to pay;
(7) End all coverage of this Policy by paying You the Policy Amount then in force, and those costs, attorneys' fees and expenses incurred
up to that time which We are obligated to pay;
(8) Take other appropriate action.
b. When We choose the options in Sections 4.a. (5), (6) or (7), all Our obligations for the claim end, including Our obligation to defend, or
continue to defend, any legal action.
c. Even if We do not think that the Policy covers the claim, We may choose one or more of the options above. By doing so, We do not give up
any rights.
5. HANDLING A CLAIM OR LEGAL ACTION
a. You must cooperate with Us in handling any claim or legal action and give Us all relevant information.
b. If You fail or refuse to cooperate with Us, Your coverage will be reduced or ended, but only to the extent Your failure or refusal affects Our
ability to resolve the claim or defend You.
c. We are required to repay You only for those settlement costs, attorneys' fees and expenses that We approve in advance.
d. We have the right to choose the attorney when We bring or defend a legal action on Your behalf. We can appeal any decision to the highest
level. We do not have to pay Your claim until the legal action is finally decided.
e. Whether or not We agree there is coverage, We can bring or defend a legal action, or take other appropriate action under this Policy. By
doing so, We do not give up any rights.
6. LIMITATION OF OUR LIABILITY
a. After subtracting Your Deductible Amount if it applies, We will pay no more than the least of:
(1) Your actual loss;
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
AMERICAN
lAND TITU
ASSOCIATION
ALT A Homeowner's Policy of Title Insurance (02/03/2010) Printed: 02.10.14@ 10:33AM
CA•CT -FWD0-02180 .0558~PS--7242Q.1 • 14--73713016069
,,,,,__
CHICAGO TITLE INSURANCE C~PANY
( continued)
-POLICY NO. 73713016069
(2) Our Maximum Dollar Limit of Liability then in force for the particular Covered Risk, for claims covered only under Covered Risk 16, 18,
19or21;or
(3) the Policy Amount then in force.
and any costs, attorneys' fees and expenses that We are obligated to pay under this Policy.
b. If We pursue Our rights under Sections 4.a.(3) and 5.e. of these Conditions and are unsuccessful in establishing the Title, as insured:
(1) the Policy Amount then In force will be increased by Ten percent (10%) of the Policy Amount shown in Schedule A, and
(2) You shall have the right to have the actual loss determined on either the date the claim was made by You or the date it is setued
and paid.
c. (1) If We remove the cause of the claim with reasonable diligence after receiving notice of it, all Our obligations for the claim end, including
any obligation fur loss You had while We were removing the cause of the claim.
(2) Regardless of 6.c.(1) above, if You cannot use the Land because of a claim covered by this Policy:
(a) You may rent a reasonably equivalent substitute residence and We will repay You for the actual rent You pay, until the earlier of:
(i) the cause of the claim is removed; or
(ii) We pay You the amount required by this Policy. If Your claim is covered only under Covered Risk 16, 18, 19 or 21, that
payment is the amount of Your insurance then in force for the particular Covered Risk.
(b) We will pay reasonable costs You pay to relocate any personal property You have the right to remove from the Land, including
transportation of that personal property for up to twenty-five (25) miles from the Land, and repair of any damage to that personal
property because of the relocation. The amount We will pay You under this paragraph is limited to the value of the personal
property before You relocate It.
d. All payments We make under this Policy reduce the Policy Amount then in force except for costs, attorneys' fees and expenses. All
payments We make for claims which are covered only under Covered Risk 16, 18, 19 or 21 also reduce Our Maximum Dollar Limit of Liability
for the particular Covered Risk, except for costs, attorneys' fees and expenses.
e. If We issue, or have issued, a Policy to the owner of a Mortgage that is on Your Title and We have not given You any coverage against the
Mortgage, then:
(1) We have the right to pay any amount due You under this Policy to the owner of the Mortgage, and any amount paid shall be treated as a
payment to You under this Policy, including under Section 4.a. of these Conditions;
(2) Any amount paid to the owner of the Mortgage shall be subtracted from the Policy Amount then in force; and
(3) If Your claim is covered only under Covered Risk 16, 18, 19 or 21, any amount paid to the owner of the Mortgage shall also be
subtracted from Our Maximum Dollar Limit of Liability for the particular Covered Risk.
f. If You do anything to affect any right of recovery You may have against someone else, We can subtract from Our liability the amount by
which You reduced the value of that right.
7. TRANSFER OF YOUR RIGHTS TO US
a. When We settle Your claim, We have all the rights and remedies You have against any person or property related to the claim. You must not
do anything to affect these rights and remedies. When We ask, You must execute documents to evidence the transfer to Us of these rights
and remedies. You must let Us use Your name in enforcing these rights and remedies.
b. We will not be liable to You if We do not pursue these rights and remedies or if We do not recover any amount that might be recoverable.
c. We will pay any money We collect from enforcing these rights and remedies in the following order:
(1) to Us for the costs, attorneys' fees and expenses We paid to enforce these rights and remedies;
(2) to You for Your loss that You have not already collected;
(3) to Us for any money We paid out under this Policy on account of Your claim; and
(4) to You whatever is left.
d. If You have rights and remedies under contracts (such as indemnities, guaranties, bonds or other policies of insurance) to recover all or part
of Your loss, then We have all of those rights and remedies, even if those contracts provide that those obligated have all of Your rights and
remedies under this Policy.
8. THIS POLICY IS THE ENTIRE CONTRACT
This Policy, with any endorsements, is the entire contract between You and Us. To determine the meaning of any part of this Policy, You must
read the entire Policy and any endorsements. Any changes to this Policy must be agreed to in writing by Us. Any claim You make against Us
must be made under this Policy and is subject to its terms.
9. INCREASED POLICY AMOUNT
The Policy Amount then in force will increase by Ten percent (10%) of the Policy Amount shown in Schedule A each year for the first five years
following the Policy Date shown in Schedule A, up to One Hundred Fifty percent (150%) of the Policy Amount shown in Schedule A. The increase
each year will happen on the anniversary of the Policy Date shown in Schedule A.
Copyright American Land Title Association. All rights reserved. AMERICAN
LAND TITL[
A!i50CIATION
The use of this Form is restricted to AL TA licensees end AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALT A Homeovmer's Policy of Title Insurance (02/031201 O} Printed: 02.10.14@ 10:33AM
CA-CT -FWD0-02180.055820-SPS-72420-1-14-73713016069
-I"""\ ,.
CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73713016069
(continued)
10. SEVERABILITY
If any part of this Policy is held to be legally unenforceable, both You and We can still enforce the rest of this Policy.
11. ARBITRA llON
a. If permitted in the state where the Land is located, You or We may demand arbitration.
b. The law used in the arbitration ts the law of the state where the Land is located.
c. The arbitration shall be under the Title Insurance Arbitration Rules of the American Land Title Association ("Rulesn). You can get a copy of
the Rules from Us.
d. Except as provided in the Rules, You cannot join or consolidate Your claim or controversy with daims or controversies of other persons.
e. The arbitration shall be binding on both You and Us. The arbitration shall decide any matter in dispute between You and Us.
f. The arbitration award may be entered as a judgment in the proper court.
12. CHOICE OF LAW
The law of the state where the Land is located shall apply to this policy.
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
AMERICAN
LAND TlTlE
AS~OCIATION
ALT A Homeowner's Policy of Title Insurance (02/03J2010) Printed: 02.10.14@ 10:33AM
CA-CT -FWDO-02180 .055820-SPS-72420-1-14-73713016069