HomeMy WebLinkAboutCDP 2017-0052; TOYOTA OF CARLSBAD MONUMENT SIGN; Coastal Development Permit (CDP)(I City of LAND USE REVIEW Development Services
Planning Division
Carlsbad APPLICATION 1635 Faraday Avenue
P-1 (760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR:(CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY)
19
D6fs2<2011 -OoastalDevelopment Permit Pi Minor D General Plan Amendment2--
D Conditional Use Permit D Local Coastal Program AmendmentMinorDExtension
El Day Care (Large)D Master Plan D Amendment
D Environmental Impact Assessment D Specific Plan Fi Amendment,
Habitat Management Permit D Minor D Zone Change_.
El Hillside Development Permit D Minor D Zone Code Amendment
D Nonconforming Construction Permit South Carlsbad Coastal Review Area
Permits
LI Planned Development Permit Minor D Review Permit
D Residential Non-Residential D Administrative Minor D Major
Planning Commission Determination
I I Reasonable Accommodation Village Review Area Permits
El Site Development Plan Minor Review Permit
Special Use Permit U Administrative Minor Major
El Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance Minor
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT.PLEASE CONTACT THE APPOINTMENT SPECIALIST
AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT.
's
'SAME DAY APPOINTMENTS ARE NOT AVAILABLE
ASSESSOR PARCEL NO(S):all LAic)--le -o CD
LOCATION OF PROJECT:5 PaSec)-e&k)orke-
(STREET ADDRESS)
NAME OF PROJECT:-voyac._cscuALLJ -
BRIEF DESCRIPTION OF
PROJECT:ROAJAIA-Q4 sr in Knot 50..,,i00.44.-._/
PROJECT VALUE ESTIMATED COMPLETION DATE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
Development No.VEAL2-0 (I --v179 Lead Case No.
P-1 Page 1 of 6 Revised 03/17
.-•
OWNER NAME (PLEASE PRINT)APPLICANT NAME (PLEASE PRINT
INDIVIDUAL NAME INDIVIDUAL NAME ?Pc-3 TV .1**N4
etakable):sue\h M -""ti nes-Cone._ePPIleale)
COMPANY NAME COMPANY NAME fem-t-As ci.AL -
sponower 70...vpi et C.-eat'161044 of applicable)
MAILING ADDRESS:(O'er (Note)actcric nos MAILING ADDRESS:01 ts).%/Dab."AN g-30.0
CITY STATE ZIP-c oe Ir.onoa 1 cs 9 ao u cry STATE. ZIP gam.‘\Isar q z
TELEPHONE (7(0 gal TELEPHONE .-
EMAIL ADDRESS EMAIL ADDRESS -irSWe•-peatZiSaatzt.atot CCI•1/4 •
I CERTIFY THAT AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY -ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE.'CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST F MYKNOWLEDGE
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
PURPOSES OF THIS APPLICATION
eviAt.a
•%zrise.
-Cam./eh -
74SIGTUREDA .E .1ramik I %IRE tATE
/
APPLICANTS REPRESENTATIVE (Praia
MAILING ADDRESS.370 here
CITY. STATE, ZIP EA tzozi
TELEPHONE 10.70103
EMAIL ADDRESS:rift&rftiikeLYS9 trace cnn
CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPO ES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFO 110N S TRUE AND CORRECT TC THE BEST OF MY
t
I TOR -AT
IN THE PROCESS OF REVIEWING THIS APPLICATION :T MAY BE NECESSARY FOR MEMBERS CF CITY STAFF PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION INVE CONSENT TO ENTRY rOR 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 ANY SUCCESSORS IN INTEREST
ItSt4A4Af.3h_IPA •
RECEIVED
AUG 1 0 2017
CITY OF CARLSBAD
Q DIVISIONDRitN4VAPPLICATIONRECEIVED
RECEIVED BY.
•
P-I Pepe 2 at B Revised 03/17
Development Services(City of DISCLOSURE STATEMENT Planning Division
rls13ad P-1(A)1635 Faraday Avenue
It 2 (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:
Penton is defined se °Any Individual, Mn, pc-partnership, joint venture, aasociatica, social club, fraternal
organization, Corporation, estate, trust: receiver, syndicate.In this and any other county, city and county,
cltj Municipality. district or other political subdivision or any othergraup or combination rang 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 Ala.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 /Au_
corporation include the names,titles,and addresses of the corporate officers.(A
separate page may be attached if necessary.)
•
A.r.ress Au ress
2.OWNER (Not the owner's agent)
Provide the COMPLETE.LEGAL names and addresses of &Is 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 (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.)
De•sop -51/4KIAV\C21/4 -30flts -Cont.7.7m.t'art
c tie Ossories-Pres;c1.40.--
Acc"ess D N3-Rueni 6.41/41rdnaS
Car 1s 1axel,CA qa,ot t
p_1(A)Page 01 2 FltiVb30d 07110
141.4
.i
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 Atli person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/ rust Non Profit/Trust_
'rite Title
Andress Address
4.Have you had more then $500 worth of business transacted with any member of City
staff,Boards,Commissions,Committees and/or Council within the past twelve (12)
months?
nYee IT No If yes, please indicate persorts)
NOTE:Attach additional sheets If necessary.
thcertify that
all the above Information is true and co •--to the .-.of my knowledge.
,A:-"A\ Cl •
Sig tune of owner-id
-C-Cvt11-it-
Si.n'llger•—applica nt/date „of'
—5 va ;i v..A •
--So tl•ts-Cor1Q....C3A--5 v./R.A...r t
Pnnt or t e of owner Pnnt or type name of applicant se
.
Si eriarpficant's agent if applIcableJdate
?A 3 IV ?AV \
Print or type name of owner/applicant's agent
P-1(A)Page 2 cf 2 Revised rano
•
(City of PROJECT DESCRIPTION Development Services
Planning Division
Carlsbad.P1 (B)1635 Faraday Avenue
•(760) 602-4610
www.carlsbadca.gov
PROJECT NAME:e7k.C-4.1641c3%c)o
APPLICANT NAME:C.WPt-5 1\(RA\r-C
Please describe fully the proposed project by application type.Include any details necessary to
adequately explain the scope and/or operation of the proposed project.You may also include
any background information and supporting statements regarding the reasons for,or
appropriateness of, the application.Use an addendum sheet if necessary..
Description/Explanation:
tAA-g-k)I I.yyttuthubljt S'1611/1.
dbutottotzroA445113—
P-1(B)Page 1 of 1 Revised 07/10
-_
MINOR
Cty f COASTAL DEVELOPMENT PERMIT/Development Services
Cc.i o
Carlsbad SINGLE FAMILY RESIDENCE Planning Division
APPLICATION "1635 Faraday Avenue
(760) 602-4610
P-6 www.carlsbadca.gov
•
•
A proposed project requiring application submittal must be submitted by appointment*.
Please contact the appointment specialist at (760) 602-2723 to schedule an appointment.
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
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.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 different types'of residential construction.These costs are set by the
International Conference bf,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:
square feet x $/sq. ft. =$
Residential Addition Square Footage:
square feet x $/sq. ft. =$
Any Garage Square Footage:
square feet x $/sq. ft. =$
Residential Conversion Square Footage:
square feet x $/sq. ft. =$
Please contact the City of Carlsbad Building Division for current fee rate for Non-
Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/VVarehouse
uses.)
we(2110 b square feet x $/sq. ft. =$
COST OF DEVELOPMENT ESTIMATE: $
B.-Do you wish to apply for:
1.A Minor Coastal Development Permit.(Under $60,000 cost estimate)31 at/2_,'°
2:A Coastal Development Permit ($60,000 or more cost estimate)D
C.Street address of proposed development
1.01/.ag&ccp e AA-b-c.4
p-8 Page 1 of 6 Revised 05/17
•
D.Assessor's Parcel Number of proposed development
-060 -/ b -0
E.Development Description:
Briefly describe project:ir\g}-ctS\w_ekto.eirteAa
-00.kw-LitAJ sZ0,14
F.Describe the present land uses (i.e. vacant land, single family homes, apartments, offices,
etc.) that surround the proposed development to the:
North:ecoldoal 414e-OotAL_Je4PeAskr'p
South:/-6xErt ekt efin1.5 keto.c c(AL.
East:1)0 Eh`.o4ScIte dco...-0k-oil:AL?
West:14.6i azzAA idocx....U70
G.Is project located within a 100-year flood plain?111 Yes El No
II.PRESENT USE OF PROPERTY •
A.Are there existing structures on the property?Et<es 111 No
•If yes, please describe.
Yes CA-k b6AcE.SH)1°
B.Will any existing structure be removed/demolished?[<es No
If yes to either question, describe the extent of the demolition or removal, including the relocation
site, if applicable (also show on plans).
6-
iciss751 /104(i ken/
s 1'744
ce)11/lam "keice.pec..
Ill.LOT COVERAGE
A.Existing and Proposed •
Existing Proposed Total
Building Coverage sq. ft.sq. ft.sq. ft.
Landscaped Area sq. ft.sq. ft.sq. ft.
Hardscape Area sq. ft.sq. ft.sq. ft.
Unimproved Area (Left Natural)sq. ft.sq. ft.sq. ft.
P-6 Page 2 of 6 Revised 05/17
B.Parking:Number of existing spaces Z Z./9
Number of new spaces proposed C)
Existing/Proposed TOTAL:22.0
Number of total spaces required
Number of covered spaces
Number of uncovered spaces
Number of standard spaces
-Number of compact spaces
Is tandem parking existing?El Yes #Rio
Is tandem parking proposed?D Yes #to
C.Grade Alteration:
Is any grading proposed? Yes Er No‘
If yes, please complete the following:
1.Amount of cut cu. yds.
2.Amount of fill cu. yds.
3.Maximum height of fill slope feet
4.Maximum height of cut slope feet
5.Amount of import or export cu. yds.
6.Location of borrow or disposal site
•
P-6 Page 3 of 6 Revised 05/17
/-
The following materials shall be submitted for each single family residence/minor coastal development
permit application.
If you have any questions regarding application submittal requirements (I.e.,clarification regarding
a specific requirement or whether all requirements are necessary for your particular application)
please call (760) 602-4610.
I.REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together,
then folded to 9" x 12" with lower right hand corner of plan visible.)
A.SITE PLAN —Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a
Single Family Coastal Development Permit on 24" x 36" sheet(s).Five (5) copies if landscape
review is required. Each site plan shall contain the following information:
1.GENERAL INFORMATION
La.Name,address,and phone number of registered civil engineer,licensed surveyor,
landscape architect or land planner who prepared the maps/plans.
Ob.Location, size and use of all easements.
Elc.Dimensions and locations of:access,both pedestrian and vehicular,showing service
areas and points on ingress and egress,off-street parking and loading areas showing
location, number and typical dimension of spaces, and wheel stops.
jild.Distance between buildings and/or structures.
De.Building setbacks (front, rear and sides).•
If.Location, height and materials of walls and fences.
ng.Dimensions/location of signs.
Oh. A summary table of the following (if applicable to the application):
111(1)Street address and assessor's parcel number.
El(2)Site acreage.,
O(3)Existing Land Use Designation and Zoning.
O(4)Proposed land use.
111(5)Total building coverage (in square feet and as a percent).
0(6)Percent of site to be landscaped.
0(7)Number of parking spaces required/provided.
111(8)Square Footage of open or recreational space (if applicable).
El(9)Cubic footage of storage space (if applicable).
All applicable Fire Suppression Zones as required by the City's Landscape Manual.
B.GRADING AND DRAINAGE PLANS:Grading and drainage plans must be included with this
application.In certain areas,an engineering geology report must also be included.Please
consult the Planning Division and Land Development Engineering Division representatives for
a determination on any grading plan geotechnical requirements if the project is in an overlay
zone.The following information shall besubmitted at a minimum:
01.Approximate contours at 1'intervals for slopes less than 5%;2'-intervals for slopes
between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed).
Existing and proposed topographic contours within a 100-foot perimeter of the boundaries
of the site.Extend contours sufficiently out from the site to adequately show the adjacent
floodplain (if applicable).
02.Earthwork volumes:cut, fill, import and export.
03.Spot elevations at the corners of each pad.
El4.Method of draining each lot.Include a typical cross section taken parallel to the frontage
•for lots with less than standard frontage.
O5.Location, width and/or size of all watercourses and drainage facilities within and adjacent
to the proposed subdivision;show location and approximate size of any proposed
detention/retention basins.
[116.Clearly show and label the 100 year flood line for the before and after conditions for any
project which is within or adjacent to a FEMA flood plain.
P-6 Page 4 of 6 Revised 05/17
Chicago Title Company
2365 Northside Drive, Suite 600, San Diego, CA 92108
Phone:(619) 521-3500 •Fax:(619) 521-3608
Issuing Policies ofChicago Title Insurance Company
ORDER NO.:00074574-993-SD2-CFU Escrow/Customer Phone:(619) 521-3500
Stellar Properties,LLC Title Officer:Ken Cyr & Mark Franklin6030 Avenida Encinas, Ste 220 Title Officer Phone:(619) 521-3673Carlsbad, CA 92011
ATTN:Peggy Kekher Title Officer Fax:(619) 521-3608
Email:pkelcher@toyotacarlsbad.com Title Officer Email:TeamCyrFranklin@ctt.com
Ref:5424 Paseo Del Norte
PROPERTY:5424 PASEO DEL NORTE, CARLSBAD, CA
PRELIMINARY REPORT
In response to the applicationfor apolicy oftitle insurance referenced herein, Chicago Title Company hereby reports that it
is prepared to issue, or cause to be issued, as ofthe date hereof a policy or policies oftitle insurance describing the land and
the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason ofany defect, lien
or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed
Schedules, Conditions and Stipulations or Conditions ofsaid policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks ofsaid policy or policies are set
forth in Attachment One.The policy to be issued may contain an arbitration clause.When the Amount ofInsurance is less
than that setforth in the arbitration clause,all arbitrable matters shall be arbitrated at the option ofeither the Company or
the Insured as the exclusive remedy of the parties.Limitations on Covered Risks applicable to the CLTA and ALTA
Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liabilityfor
certain coverages are also set forth in Attachment One. Copies ofthe policy forms should be read.They are available from
the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy oftitle insurance and no liability is assumed hereby.Ifit is desired that liability be assumedprior to the issuance ofa
policy oftitle insurance, a Binder or Commitment should be requested.
The policy(s)of title insurance to be issued hereunder will be policy(s)of Chicago Title Insurance Company,a Florida
corporation.
Please read the exceptions shown or referred to herein and the exceptions and exclusions setforth in Attachment One of
this report carefully. The exceptions and exclusions are meant to provide you with notice ofmatters which are not covered
under the terms ofthe title insurance policy and should be carefully considered
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects and encumbrances affecting title to the land
Chicago Title Company By
4044:41.—+
Randy Quirk. President
Attest
By:
Authorized Signature .
Michael Gravelte. Secretary
CLTA Preliminary Report Form—Modified (11/17/06)Page 1
•
Chicago Title Company
2365 Northslde Drive, Suite 600, San Diego, CA 92108
Phone:(619) 521-3500 •Fax:(619) 521-3608
PRELIMINARY REPORT
EFFECTIVE DATE:Jane 14, 2017 at 7:30 a.m.
ORDER NO.:00074574-993-SD2-CFU
The form of policy or policies of title insurance contemplated by this report is:
A Preliminary Report Only
1.THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED
BY THIS REPORT IS:
A FEE
2.TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
STELLAR PROPERTIES, LLC,a California limited liability company
3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
See Exhibit A attached hereto and made a part hereof.
•
CLTA Preliminary Report Form—Modified (11/17/06)Page 2
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE:5424 Paseo Del Norte ORDER NO.:00074574-993-SD2-CFU
EXIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN IRE CITY OF CARLSBAD, IN THE COUNTY OF ,
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1,IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON
PAGE 5426 QF PARCEL MAPS AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DECEMBER 30, 1976.
APN:211-060-16
•
CLTA Preliminary Report Form—Modified (11/17/06)Page 3
r
'.J
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE:5424 Paseo Del Norte ORDER NO.:00074574-993-SD2-CFU
EXCEPTIONS
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION
TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:
A.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied
for the fiscal year 2017-2018.
B.The lien of supplemental or escaped assessments of property taxes,if any,made pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively,of the Revenue and
Taxation Code of the State of California as a result of the transfer of title to the vegtee named in Schedule A or as a
result ofchanges in ownership or new construction occurring prior to Date ofPolicy.
1.Easement(s)for the purpose(s) shown below and rights incidental thereto,as granted in a document
Granted to:Carlsbad Municipal Water District
Purpose:ingress, egress
Recording Date:August 15, 1961.
Recording No:83960 of Official Records
Affects:The exact location and extent ofsaid easement is not disclosed ofrecord.
2.Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication,
on the map ofsaid Map 7492;
Purpose:general utility sidewalk and landscape easements
Affects:-as shown on Map 7492
3.Easement(s)for the purpose(s) shown below and rights incidental thereto,as granted in a document
Granted to:City ofCarlsbad
Purpose:landscaping utilities and encroachment of public side walk
Recording Date:November 30, 1972
Recording No:320456 of Official Records
Affects:as shown on said Parcel Map 5426
4.Covenants, conditions and restrictions but omitting any covenants or restrictions,if any, including but not limited to
those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap,
national origin,citizenship,immigration status,primary language,ancestry,source of income,gender,gender
identity, gender expression, medical condition or genetic information,as set forth in applicable state or federal laws,
except to the extent that said covenant or restriction is permitted by applicable law,as set forth in the document
Recording Date:January 27, 1973
Recording No:021574 of Official Records
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage
or deed oftrust made in good faith and for value.
Modification(s)ofsaid covenants, conditions and restrictions
Recording Date:November 14, 1974
Recording No:302069 of Official Records
CLTA Preliminary Report Font—Modified (11/17/06)Page 4•
,
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE:5424 Paseo Del Norte ORDER NO.:00074574-993 -SD2-CFU
EXCEPTIONS
(Continued)
5.Easement(s)for the pmpose(s) shown below and rights incidental thereto,as granted in a document
Granted to:The Pacific Telephone and Telegraph Company
Purpose:comrramication structures
Recording Date:March 22, 1973
Recording No:73-074588 of Official Records
Affects:as shown on said Parcel Map 5426
6.An agreement to notify and negotiate by Louis V.Jones recorded December 31,1976 as File No.76-442430 of
Official Records
Reference is hereby made to said document for fall particulars.
7.Easement(s)for the purpose(s) shown below and rights incidental thereto,as granted in a document
Granted to:San Diego Gas and Electric Company
Purpose:electrical system •
Recording Date:April 12,1977
Recording No:77-133578 of Official Records
Affects:The exact location and extent of said easement is not disclosed ofrecord.
8.Matters contained in that certain document
Entitled:Temporary Shoring and Underpinning Access Agreement
Recording Date:June 10, 2016
Recording No:2016-0286522 of Official Records
Reference is hereby made to said document for full particulars.
9.Please be advised that our search did not disclose any open Deeds of Trust of record.If you should have knowledge
of any outstanding obligation, please contact the Title Department immediately for further review prior to closing.
10.Water rights, claims or title to water, whether or not disclosed by the public records.
11.Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land
that is satisfactory to the Company, and/or by inquiry ofthe parties in possession thereof
12.Any rights of the parties in possession of a portion of, or all of,said Land, which rights are not disclosed by the
public records.
The Company will require,for review,a full and complete copy of any unrecorded agreement,contract,license
and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title
insurance without excepting this item from coverage.
The Company reserves the right to except additional items and/or make additional requirements after reviewing said
documents.
PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH
FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION.
CLTA Preliminary Report Form—Modified (11/17/06)Page 5
•
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE:5424 Paseo Del Norte ORDER NO.:00074574-993-SD2-CFU
EXCEPTIONS
(Continued)
END OF EXCEPTIONS
CLTA Preliminary Report Form —Modified (11/17/06)Page 6
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE:5424 Paseo Del None ORDER NO.:00074574-993-SD2-CFU
REQUIREMENTS SECTION
1.The Company will require the following documents for review prior to the issuance of any title insurance predicated
upon a conveyance or encumbrance from the entity named below:
Limited Liability Company STELLAR PROPERTIES, LLC,a California limited liability company
a)A copy of its operating agreement,if any, and any and all amendments, supplements and/or modifications
thereto, certified by the appropriate manager or member
b)If a domestic Limited Liability Company,a copy of its Articles of Organization and all amendments thereto
with the appropriate filing stamps
c)If the Limited Liability Company is member-managed,a full and complete current list ofmembers certified
by the appropriate manager or member
d)A current dated certificate of good standing from the proper governmental authority of the state in which
the entity was created
e)If less than all members,or managers,as appropriate,will be executing the closing documents, furnish
evidence ofthe authority ofthose signing.
The Company reserves the right to add additional items or make further requirements after review of the requested
documentation.
END OF REQUIREMENTS •
CLTA Preliminary Report Form —Modified (1 I /17/06)Page 7
I 1
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE:5424 Paseo Del Norte ORDER NO.:00074574-993-SD2-CFU
INFORMATIONAL NOTES SECTION
1.Note:Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For
proration purposes the amounts were:
Tax Identification No.:2114060-16-00
Fiscal Year:216-2017
1st Installment $7,256.30
2nd Installment $7,256.30
Exemption:None
Code Area:09000
2.None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to
an Extended Coverage Loan Policy, when issued.
3.The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116
indicating that there is located on said Land Commercial properties, known as 5424 Paseo Del Norte, located within
the city ofCarlsbad,California„to an Extended Coverage Loan Policy.
4.Note:The policy of title insurance will include an arbitration provision. The Company or the insured may demand
arbitration. 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 ofthe Company in connection with its issuance
or the breach of a policy provision or other obligation.Please ask your escrow or title officer for a sample copy of
the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your
Title Insurance coverage.
END OF INFORMATIONAL NOTES
Ken Cyr & Mark Franklin/rp
•
CLTA PreliminAry Report Form —Modified (11/17/06)Page 8
FIDELITY NATIONAL FINANCIAL
PRIVACY NOTICE
At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice
explains how we collect, use, and 'mutat any information that we collect from you, when and to whom we disclose such information, and the choices
you have about the use ofthat information.A summary ofthe Privacy Notice is below, and we encourage you to review the entirety ofthe Privacy
Notice following this summary. Yon can opt-out ofcertain disclosures by following our opt-out procedure set forth at the end ofthis Privacy Notice.
Types of Information Collected. You may provideus with certain How Information is Collected. We may collect personal information
personal information about you,hie your contact information, address from you via applications, forms, and correspondence we receive from
demographic information, social security number (SSN), driver's license,you and others related to our transactions with you. When you visit our
passport, other government ID numbers and/or financial information. We websites from your computer or mobile device, we automatically collect
may also receive browsing information from your Internet browser,and store certain information available to us through your Internet
computer and/or mobile device if you visit or use our websites or browser or computer equipment to optimize your website experience.
applications.
Use ofCollected Information. We request and use your personal When Information Is Disclosed. We may disclose your information to
information to provide products and services to you, to improve our oue affiliates and/or nonaffiliated parties providing services for you or
products and services, and to communicate with you about these us,to law enforcement agencies or governmental athhorities,as required
products and services. We may also share your contact information with by law, and to parties whose interest in title must be determined.
our affiliates for marketing purposes.
Choices With Your Information. Your decision to submit information Information From Children. We do not knowingly collect information
to us is entirely up to you. You can opt-out ofcertain disclosure or use of from children who are under the age of 13, and our website is not
your information or choose to not provide any personal information to intended to attract children.
us.
Privacy Outside the Website. We are not responsible for the privacy International Users.By providing us with you information, you consent
practices ofthird parties, even if our website links to those parties'to its transfer, processing and storage outside ofyour country of
websites.residence,as well as the fact that we will handle such information
consistent with this Privacy Notice.
The California Online Privacy Protection Act Some FNF companies provide services to mortgage loan servicers and, in some cases, their
websites collect information on behalfofmortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to
any consumer information submitted through those websites.
Your Consent To This Privacy Notice. By submitting information to us Access and Correction; Contact Us.Ifyou desire to contact us
or by using our website, you are accepting and agreeing to the terms of regarding this notice or your information, please contact us at
this Privacy Notice,privacy@fiif com or as directed at the end ofthis Privacy Notice.
FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1,2017 Copyright 0 2017. Fidelity National Financial, Inc.All Rights Reserved
MISCO219 (DSI Rev. 3/2/17)Page 1 Order No. 00074574-993-SD2-CFU
•FIDELITY NATIONAL FINANCIAL, INC
PRIVACY NOTICE
Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance, real estate-and loan-related services
(collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal
Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in
effect for Personal Information and Browsing Information collected and/or owned by or on behalfofFNF, including Personal Information and
Browsing Information collected through any FNF website, online service or application (collectively, the "Website").
Types of Information Collected
We may collect two types ofinformation from you: Personal Information and Browsing Information.
Personal Information. FNF may collect the following categories of Personal Information:
•contact information (e.g., name, address, phone number, email address);
•demographic Information (e.g., date of birth, gender, marital status);
•social security number (SSN), driver's license, passport, and other government ID numbers;
•financial account Information; and
•other personal information needed from you to provide title insurance, real estate-and loan-related services to you.
Browsing Information. FNF may collect the following categories of Browsing Information:
•Internet Protocol (or IP) address or device ID/UDID, protocol and sequence Information;
•browser language and type;
•domain name system requests;
•browsing history, such as time spent at a domain, time and date of your visit and number of clicks;
•-http headers, application client and server banners; and
•operating system and fingerprinting data.
How Information Is Collected
In the course of our business, we may collect Personal Information about you from the following sources:
•applications or other forms we receive from you or your authorized representative;
•the correspondence you and others send to us;
•Information we receive through the Website;
•Information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and
•information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from
those entities, our affiliates or others.
If you visit or use our Website, we may collect Browsing information from you as follows:
•Browser Log Flies.Our servers automatically log each visitor to the Website and collect and record certain browsing
Information about each visitor. The Browsing Information Includes generic information and reveals nothing personal about the
user.
•Cookies. When you visit our Website,a "cookie" may be sent to your computer.A cookie is a small piece of data that is sent to your
Internet browser from a web server and stored on your computer's hard drive. When you visit a website again, the cookie allows the
website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept
cookies by changing your Internet browser settings, which may impair or limit some functionality ofthe Website.
Use of Collected Information
Information collected by FNF is used for three main purposes:
•To provide products and services to you or any affiliate or third party who Is obtaining services on your behalf or In connection
with a transaction Involving you.
•To improve our products and services.
•To communicate with you and to inform you about our, our affiliates' and third parties' products and services,jointly or independently.
When Information Is Disclosed'
We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing
Information to various individuals and companies,as permitted by law, without obtaining your prior authorization. Such laws do not allow
consumers to restrict these disclosures. Please see the section "Choices With Your Personal Information" to learn how to limit the discretionary
disclosure of your Personal Information and Browsing Information.
Disclosures of your Personal information may be made to the following categories of affiliates and nonaffiliated third parties:
•to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud,
material misrepresentation, or nondisclosure;
•to our affiliate financial service providers for their use to market their products or services to you;
•to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information
only in connection with such services;
•to nonaffiliated third party service providers with whom we perform Joint marketing, pursuant to an agreement with them to
market financial products or services to you;
•to law enforcement or other governmental authority In connection with an Investigation, or civil or criminal subpoena or court
order,
•to lenders,lien holders, Judgment creditors,or other parties claiming an Interest in title whose claim or Interest must be
determined, settled, paid, or released prior to closing; and
FNF Privacy Statement (Elf 5/1/2015) Last Updated March 1,2017 Copyright 2017. Fidelity National Financial, Inc.All Rights Reserved
M1SCO219 (DSI Rev. 3/2/17)Page 2 Order No. 00074574-993-8D2-CFU
•
•other third parties for whom you have given us written authorization to disclose your Personal Information.
We may disclose Personal Information and/or Browsing Infutiliatlon when required by law or in the good-faith belief that
such disclosure Is necessary to:
•comply with a legal process or applicable laws;
•enforce this Privacy Notice;
•investigate or respond to claims that any material,document,image,graphic,logo,design,audio,video or any other
information provided by you violates the rights of a third party; or
•protect the rights, property or personal safety ofFNF, its users or the public.
We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party
service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or
in a manner that is in compliance with applicable privacy laws. The use ofyour information bya business partner may be subject to that party's own
Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or
others without your consent
We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other
disposition of all or part ofthe FNF business and/or assets, or in the event ofour bankruptcy, reorganization, insolvency, receivership or an
assignment for the benefit ofcreditors. You expressly agree and consent to the use and/or transfer ofthe foregoing information in connection with
any ofthe above described proceedings. We cannot and will not be responsible for any breach ofsecurity by athird party or for any actions ofany
third party that receives any ofthe information that is disclosed to us.
Choices With Your Information
Whether you submit Personal Information or Browsing Information to FNF is entirely up to you.If you decide not to submit Personal
Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal
Information and/or Browsing Information that, by law, you cannot limit, include:
•for our everyday business purposes —to process your transactions, maintain your account(s), to respond to law
•enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court
•orders, or report to credit bureaus;
•for our own marketing purposes;
•for joint marketing with financial companies; and
•for our affiliates' everyday business purposes -information about your transactions and experiences.
You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following
circumstances Copt-our):
•for our affiliates' everyday business purposes —Information about your creditworthiness; and
•for our affiliates to market to you.
To the extent permitted above, you may opt-out ofdisclosure or use ofyour Personal Information and Browsing Information by notifying us by one
of the methods at the end ofthis Privacy Notice. We do not share your personal information with non-affiliates for their direct marketing purposes.
For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted
by California law. Currently, our policy is that we do not recognize "do not track" requests ftom Internet browsers and similar devices.
For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set
forth at the end ofthis Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau ofConsumer
Protection, Office of the Nevada Attorney General, 555 E. Washington St, Suite 3900, Las Vegas,NV 89101; Phone number. (702) 486-3132;
email: BCPINF0@ag.state.nv.us.
For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing
purposes, except after you have been informed by us ofsuch sharing and had an opportunity to indicate that you do not want a disclosure made for
marketing purposes.
For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted
by Vermont law, such as to process your transactions or to maintain your account In addition, we will not share information about your
creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact
information and information about your transactions.
Information From Children
The Website is meant for adults and is not intended or designed to attract children under the age ofthirteen (13).We do not collect Personal
Information from any person that we know to be under the age ofthirteen (13) without permission from a parent or guardian. By using the Website,
you affirm that you are over the age of 13 andwill abide by the terms of this Privacy Notice.
Privacy Outside the Website
The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content ofany ofthose other
websites.
International Users
FNF's headquarters is located within the United States.Ifyou reside outside the United States or are a citizen of the European Union, please note that
we may transfer your Personal Information and/or Browsing Information outside ofyour country ofresidence or the European Union for any ofthe
purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our
collection and transferofsuch information in accordance with this Privacy Notice.
The California Online Privacy Protection Act
FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1,2017 Copyright 0 2017. Fidelity National Financial, Inc.All Rights Reserved
MISCO219 (DSI Rev. 3/2/17)Page 3 Order No. 00074574-993-SD2-CFU
--\
For some FNF websites, such as the Customer CareNet rCCN"),FNF Is acting as a third party service provider to a mortgage loan
servicer.In those Instances,we may collect certain Information on behalf of that mortgage loan servicer via the website.The
information which we may collect on behalf of the mortgage loan servicer is as follows:
•first and last name;
•property address;
•user name and password;
•loan number,
•social security number -masked upon entry;
•email address;
•three security questions and answers; and
•IP address.
The information you submit through the website is then transferred to your mortgage loan servicer by way ofCCN. The mortgage loan servicer la
.responsible for taking action or making changes to any consumer information submitted through this website. For example,Ifyou believe
that your payment or user information is incorrect, you must contact your mortgage loan servicer.
CCN does not share consumer information with third parties, other than (1) those with which the mortgage loan servicer has contracted to interface
with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas
or court orders.All sections of this Privacy Notice apply to your interaction with CCN,except for the sections titled "Choices with Your
Information"and "Access and Correction."Ifyou have questions regarding the choices you have with regard to your personal information or how to
access or correct your personal information, you should contact your mortgage loan servicer.
Your Consent To This Privacy Notice
By submitting Personal Information and/or Browsing Information to FNF,you consent to the collection and use of the information by us in
compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide information to us, or
we receive information about you, following any amendment ofthis Privacy Notice will signify your assent to and acceptance ofits revised terms for
all previously collected information and information collected from you in the future. We may use comments, information or feedback that you
submit to us in any manner that we may choose without notice or compensation to you.
Accessing and Correcting information; Contact Us
Ifyou have questions, would like to access or correct your Personal Information, or want to opt-out ofinformation sharing with our affiliates for their
marketing purposes, please send your requests to privacy@fecom or by mail or phone to:
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, Florida 32204
Attn: Chief Privacy Officer
(888) 934-3354
FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1,2017 Copyright0 2017. Fidelity National Financial, Inc.All Rights Reserved
MISCO219 (DSI Rev. 3/2/17)Page 4 Order No. 00074574-993-SD2-CFU
•,
Notice of Available Discounts
Pursuant to Section 23553 in Title 10 of the California Code of Regulations Fidelity National Financial,Inc.and its
subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of
escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute
a waiver of the consumer's right to be charged the field rate.As such,your transaction may not qualify for the below
discounts.
You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These
discounts are generally described below;consult the rate manual for a full description of the terms,conditions and
requirements for each discount These discounts only apply to transaction involving services rendered by the FNF Family of
Companies.This notice only applies to transactions involving property improved with a one-to-four family residential
dwelling.
FNF Underwritten Tille Company Mk'Underwriter
CTC -Chicago Title Company CTIC -Chicago Title Insurance Company
Available DiscountsCREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC)
Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be
reopened within 12 months and all or a portion ofthe charge previously paid for the report or commitment may be credited
on a subsequent policy charge within the following time period from the date ofthe report.
DISASTER LOANS (CTIC)
The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of
record, within 24 months ofthe date of a declaration of a disaster area by the government ofthe United States or the State of
California on any land located in said area,which was partially or totally destroyed in the disaster, will be 50%of the
appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC)
On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided
said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70%of the appropriate title
insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50%of the
appropriate title insurance rate, depending on the type ofcoverage selected.
EMPLOYEE RATE (CTC and CTIC)
No charge shall be made to employees (including employees on approved retirement)of the Company or its underwritten,
subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase ofthe
employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the
employee would be obligated to pay, by established custom,as a party to the transaction.
CA Discount Notice Effective Date:1-10-2010
-
ATTACHMENT ONE
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY—1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage ofthis policy and the Companywill not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of
1.(a)Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating (i)the occupancy,use,or enjoyment of the land;(ii) the character,dimensions or location of any
improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part;or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien,or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPolicy.
(b)Any governmental police power not excluded by (a) above, except to the extent that a notice ofthe exercise thereof or notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
2.Rights of eminent domain unless notice ofthe exercise thereof has been recorded in the public records at Date ofPolicy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3.Defects, liens, encumbrances, adverse claims or other matters:
(a)whether or not recorded in the public records at Date ofPolicy, but created, suffered, assumed or agreed to by the insured claimant;
(b)not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy
(c)resulting in no loss or damage to the insured claimant;
(d)attaching or created subsequent to Date ofPolicy; or
(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the
estate or interest insured by this policy.
4.Unenforceability ofthe lien of the insured mortgage because ofthe inability or failure of the insured at Date ofPolicy, or the inability or failure
ofany subsequent owner ofthe indebtedness, to comply with the applicable doing business laws ofthe state in which the land is situated.
5.Invalidity or unenforceability of the lien ofthe insured mortgage, or claim thereat which arises out ofthe transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6.Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the
interest of the insured lender, by reason ofthe operation offederal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of.
1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records
ofsuch agency or by the public records.
2.Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or
which may be asserted by persons in possession thereof
3.Easements, liens or encumbrances, or claims thereof not shown by the public records.
4.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which
are not shown by the public records.
5.(a) Unpatented mining claims;(b) reservations or exceptions in patents or in Acts authorizing the issuance thereof (c) water rights, claims or
title to water, whether or not the matters excepted under (a), (b) or (c)are shown by the public records.
6.Any lien or right to a lien for services, labor or material not shown by the public records.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE
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 ofthose portions of any law or government regulation concerning:
a.building
b.zonin
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 ofthem, 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 Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
Attachment One (6-5-14) CA & NV
••,--•
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 ofSchedule A;and
b.in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
8.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited)on the Owner's Coverage Statement as follows:
•For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limitof Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Our Maximum Dollar
Your Deductible Amount Limit of Liability
1.00%%of Policy Amount Shown in Schedule A or
Covered Risk 16:$2,500.00 (whichever is less)$ 10,000.00
1.00%%of Policy Amount Shown in Schedule A or
Covered Risk 18:$5,000.00 (whichever is less)25,000.00
1.00%ofPolicy Amount Shown in Schedule A or
Covered Risk 19:$5,000.00 (whichever is less)$ 25,000.00
1.00%ofPolicy Amount Shown in Schedule A or
Covered Risk 21:$2,500.00 (whichever is less)$ 5,000.00
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees,
or expenses that arise by reason ot
1.(a)Any law,ordinance,permit,or governmental regulation (including those relating to building and zoning)restricting,regulating,
prohibiting, or relating to
(i)the occupancy, use, or enjoyment ofthe Land;
(ii)the character, dimensions, or location of any improvement erected on the Land;
(iii)the subdivision of land; or
(iv)environmental protection;
Or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a)does not modify or limit the
coverage provided under Covered Risk 5.
(b)Any governmental police power. This Exclusion 1(b) does not rnAdify or limitthe coverage provided under Covered Risk 6.
2.Rights ofeminent 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 ofPolicy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c)resulting in no loss or damage to the Insured Claimant;
(d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,13
or 14); or
(e)resulting in loss or damage that would not have been sustained ifthe Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceability ofthe lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business
laws of the state where the Land is situated.
5.Invalidity or unenforceabiLity in whole or in part ofthe lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured
Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6.Any claim, by reason ofthe operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the
lien ofthe Insured Mortgage, is
(a)a fraudulent conveyance or fraudulent transfer, or
(b)a preferential transfer for any reason not stated in Covered Risk 13(b)ofthis policy.
7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy
and the date ofrecording ofthe Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under
Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage,
the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
(Except as provided in Schedule B -Part t(or 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:
Attachment One (6-5-14) CA & NV
(PART I
(The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records ofsuch 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 ofthe Land or that
may be asserted by persons inpossession 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 ofthe 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 II
In addition to the matters set forth in Part I ofthis Schedule, the Title is subject to the following matters, and the Company insures. against loss or
damage sustained in the event that they are not subordinate to the lien ofthe Insured Mortgage:)
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage ofthis policy, and the Company will not pay loss or damage, costs, attorneys' fees,
or expenses that arise by reason of
1.(a)Any law,ordinance,permit,or governmental regulation (mcluding those relating to building and zoning)restricting,regulating,
prohibiting, or relating to
(i)the occupancy, use, or enjoyment ofthe Land;
(ii)the character, dimensions, or location ofany improvement erected on the Land;
(iii)the subdivision ofland; or
(iv)environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a)does not modify or limit the
coverage provided under Covered Risk 5.
(b)Any governmental police power.This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2.Rights ofeminent 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 ofPolicy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c)resulting in no loss or damage to the Insured Claimant;
(d)attaching or created subsequent to Date ofPolicy (however, this does not modify or limit the coverage provided under Covered Risk 9 and
10); or
(e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4.Any claim, by reason ofthe 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)apeeleutial transfer for any reason not stated in Covered Risk 9 ofthis policy.
5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or Fat-aching between Date ofPolicy
and the date ofrecording ofthe deed or other instrument oftransfer in the Public Records that vests Title as shown in Schedule A.
The above policy fuun may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage,
the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of.
(The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records ofsuch agency or by the Public Records.
2.Any facts, rights, interests, or chums that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that
may be asserted by persons in possession ofthe 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 en accurate and
complete land survey ofthe Land and that are not shown by the Public Records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or
title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6.Any lien or right to a lien for services, labor or material not shown by the Public Records.
7.(Variable exceptions such as taxes, easements, CC&R's, etc. shown here.)
Attachment One (6-5-14)CA & NV
•/
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage ofthis policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1.(a)Any law,ordinance,permit,or governmental regulation ('including those relating to building and zoning)restricting,regulating,
prohibiting, or relating to
(i)the occupancy, use, or enjoyment ofthe Land;
(ii)the character, dimensions, or location ofany 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, 6, 13(c), 13(d), 14 or 16.
(b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 5,6,13(c),
13(d), 14 or 16.
2.Rights ofeminent 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 ofPolicy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c)resulting in no loss or damage to the Insured Claimant;
(d)at-wiling or created subsequent to Date ofPolicy (however, this does not modify or limit the coverage provided under Covered Risk 11,16,
17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e)resulting in loss or damage that would not have been sustained ifthe Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceabflity of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business
laws of the state where the Land is situated.
5.Invalidity or unenforceability in whole or in part ofthe lien of the Insured Mortgage that arises out ofthe transaction evidenced by the Insured
Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law.This Exclusion does not modify or limit the
coverage provided in Covered Risk 26.
6.Any claim of invalidity, tmenforczahrility or lack of priority ofthe lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of
Policy. This Exclusion does not modify or limit the coverage provided hi Covered Risk 11(b) or 25.
8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes.This Exclusion does not mortify or limit the coverage provided in Covered Risk 5 or 6.
9.Any claim, by reason of the operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the
lien ofthe Insured Mortgage, is
(a)a fraudulent conveyance or fraudulent transfer, or
(b)a preferential transfer for any reason not stated in Covered Risk 27(b)ofthis policy.
10.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
Attachment One (6-5-14)CA & NV
-
RI j-
g 0 211-08 '3%---2-
il 1%400'_t).a 9 t)-
4 aramiummitiiiiiiinlitiii —,g 1 3.4-
1.417ELIFIEFUE1111111111111111111MENINI11111111111 \9E1="il .agEIEFEZilifilliiiiMiiM
1 III :
Egil!illniliiiiiiiiliiiiiln
....
Fi:0111111111111111M1111111111 ..,
g..,-.00•1 i.zrAO
-
1
[1 .........,./0.111:61sUl ,'AA.14 SW1
11!e ‘..;LIM •'.
••••
or ..•1 I;\d .
175.2
'11.14AO
:1
zy ("CA)I .
n /•
•1 q..I0C)
If e ....*r•=3'1-.%1
15
.4.41/0
i.,
;
•0.4i•
•••*"."
°.
CI.4 PIM 2 n -:..•Pe iiai0../.PA I
•6 '•®..-•
3 it.
'•P._,610111I•tame
•0
F..."-
•RI i wi .77."•Lta.is ----.--maz..-...14.---if"a'Clill'"'5
.i ilk
...PASEOs,..t&-_.....z..4.--— —_ linos.___ _mo---••---
.44
.1 i 1i ••:..s."-
14 •...3 s
'
0°Sr)P.
in tc
°.!....AS46
0 50.5LitPCI11.
.
....1ce•
.•.,
..
8 $‘
•.:.:,:es AWED FOR THE .. .OF THE .SHOW ASIASSORS •--.4 RAP 7162 -CARLSBAD TL?WEL72-3