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HomeMy WebLinkAboutCDP 2018-0002; MINICILLI ADDITION; Coastal Development Permit (CDP)C_ City of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care (Large) []I Minor D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit D Minor 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 D Minor (FOR DEPT. USE ONLY) Legislative Permits C..OP 2,1 \,., - c::k)()'L-D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Amendment D Specific Plan D zone Change OAmendment 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 (FOR DEPT. USE ONLY) 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. ·SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S) LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY 207-130-60-00 3926 Highland Drive (STREET ADDRESS) Minicilli Addition-AccessoryDwelling Unit Addition of an accessory dwelling unit to ear of the existing single family home. $52,600 ESTIMATED COMPLETION DATE July 2018 DevelopmentNo. ~'f,\l'Z,Ol(o-CO<o'L. Lead Case No. P-1 Page 1 of6 Revised 03/17 ,_ OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME Frank Minicilli INDIVIDUAL NAME same as owner (if applicable): (if applicable): COMPANY NAME COMPANY NAME (if applicable): (if applicable): MAILING ADDRESS: 3926 Highland Drive MAILING ADDRESS: CITY, STATE, ZIP: Ca~sbad,CA,92008 CITY, STATE, ZIP TELEPHONE: 760-505-9090 TELEPHONE: EMAIL ADDRESS: frankminic@hotmail.com EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. 3 --;~c;-,>< SIGNATURE DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): 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 KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. INVE 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 ANY SUCCESSORS IN INTEREST. ·::r ~ PROPERTY OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of6 RECf.:IVED JAN O 9 2018 CITY OF CARLSElAD PLANNING 'JIV!S!S'\I DATE STAMP APPLICATION RECEIVED RECEIVED BY: d-(------· Revised 03/17 -----------·'·-------------'~-------------. {:_city of Carlsbad PROJECT DESCRIPTION Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov P-1(8) r· ,,.-,w,•a ---·~ b ~-. JAN O 9 2018 c1~·-,-/ ...., '.'7 PROJECT NAME: Minicilli Addition-Accessory Dwelling Unit APPLICANT NAME: Frank Minicilli ------------------------ PI ease 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: The project proposes to add an accessory dwelling unit to the rear of the existing single family home located at 3926 Highland Drive. P-1(B) 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 9 2018 C\TY ()F 1 /\F :\_ .--.f~_,., :; nl ,,i·-._·.:·\i'>-J•:.., LJJ\/i' -·1 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: Parson is defined as "Any individual, finn, 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 Frank Minicilli Corp/Part ___________ _ Title Owner Title -------------Address 3926 Highland Drive Address, ___________ _ 2. OWNER (Not the owner's agent) 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 (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 Frank Minicilli Title Owner Address 3926 Highland Drive Carlsbad, CA, 92008 Corp/Part. ___________ _ Title _____________ _ Address ____________ _ Page 1 of2 Revised 07/10 ' - 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust________ Non Profit/Trust. _________ _ Title __________ _ Title. ____________ _ Address. _________ _ Address ____________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes lv"I No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ~~ Signature of owner/date Signature of applicant/date ~ (."' r _._l<;vl1.-..,c1//, Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07 /10 {"city of Carlsbad Development Services HAZARDOUS WASTE AND SUBSTANCES STATEMENT r.:: ,-: ~-.. ·.·· · P-1 (C) ·'" --0 9 ?.Q\8 Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov .\f,J\ .. ' ,-..,-.-·..,_I,~ \...,•. ' . Consultation of Lists of Sites Related to Hi,tzardous 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): Ii] 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 l!!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Frank Minicilli Address: 3926 Highland Drive Carlsbad, CA, 92008 Phone Number: 760-505-9090 Address of Site: 3926 Highland Drive PROPERTY OWNER Name: Frank Minicilli Address: 3926 Highland Drive Carlsbad, CA, 92008 Phone Number: 760-271-7848 Local Agency (City and County): Carlsbad' San Diego County Assessor's book, page, and parcel number:_2_0_7_-1_3_0_-6_0_-_0_0 ____________ _ Specify list(s):_n_/_a _________________________ _ Regulatory Identification Number:_n_/_a ____________________ _ Date of List: n/ a ---------------------------- /-9-l <t. Applicant Signature/Date Property Owner Signature/Date 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) Page1of2 Revised 02113 {'city of Carlsbad ., EIA INFORMATION FORM P-1(0) - Development Services Planning Division .,.. _ ,.., -: ··. / _ J 1635 Faraday Avenue , ~ .,-· --. (760) 602-4610 www.carlsbadca.gov INSTRUCTION SHEET FOR COMPLE'riNG AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM 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(0) Page 1 of 4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) r--· .... -.. L '-·-- JAN O 9 2018 Date Filed: I J q f r 1 (To be completed by City) C'.~"! : "- FL/;.· .. '..'.\:., Application Number(s): c.ae :2.0ll-OOC> '2. General Information 1. Name of project: Minicilli Addition-Accessory Dwelling Unit 2. Name of developer or project sponsor: _F_r_a_n_k_M_i_n_ic_ill_i __________ _ 3. Address: 3926 Highland Drive City, State, Zip Code: Carlsbad, CA, 92008 Phone Number: 760-505-9090 Name of person to be contacted concerning this project: _F_r_a_n_k_M_in_i_c_il_li _____ _ Address: 3926 Highland Drive City, State, Zip Code: Carlsbad, CA, 92008 Phone Number: 760-505-9090 4. Address of Project: 3926 Highland Drive Assessor's Parcel Number: 207 -130-60-00 --------------------- 5. 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: 6. 7. 8. n/a Existing General Plan Land Use Designation: _R_-4 __ R_e_s_i_d_e_n_t_ia_l _______ _ Existing zoning district: _R_-_1_-_1_0_0_0_0 _________________ _ Existing land use(s): _R_e_s_i_d_e_n_t_ia_l ________________ _ 9. Proposed use of site (Project for which this form is filed): _R_e_s_id_e_n_t_i_a_l ______ _ Project Description 10. Site size: 11,149 square feet 11. 12: 13. 14. P-1(0) Proposed Building square footage: 1,052 SF ADU with 462 SF Porch Number of floors of construction: _1 __________________ _ Amount of off-street parking provided: n/a Associated projects: _n_/_a _____________________ _ Page 2 of 4 Revised 07 /1 O ... -, .. .., - 15. If residential, include the number of units and schedule of unit sizes: 1 unit at 1052 SF 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ____________________ _ N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _N_/ A ___ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: N/A P-1(0) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D 0 roads. 22. Change in pattern, scale or character of general area of project. D 0 23. Significant amounts of solid waste or litter. D 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D 0 27. Site on filled land or on slope of 10 percent or more. 0 D 28. Use of disposal of potentially hazardous materials, such as toxic substances, D 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D 0 31. Relationship to a larger project or series of projects. D 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: /-9-1 ¥" Signature: For: ' t:'t __ le M.,,.,,1,,I/- P-1(D) Page 4 of 4 Revised 07/10 P-1D Additional Discussion items 27. The proposed ADU will be cut into an existing 2:1 slope. The building will support the existing slope. 32. The existing lot has a single family home (1,486 SF) adjacent to Highland Drive. The house sits at the top of the lot. Behind the lot is a 2:1 slope that is approximately 14 feet high. The site has extensive landscaping, 2 open grass areas, and a pond. See attached photos. 33. The property is surround by existing signal family homes. To the north of the property is a 2-story single family home. To the east, west and south, single story homes exist. See attached photos. ('city of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov JAN 09 r.:., ' ·-· ,. \ -, ,-' Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. 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. Applicant Signature: Staff Signature: Date: -~-1 < To be stapled with receipt to the application P-1 (E) Page 1 of 1 Revised 07 /1 O {"city of Carlsbad '-' -TENTATIVE PARCEL MAP WAIVER OF PROCESSING TIME LIMITS P-1(F) Development Services Planning Division 1635 Faraday Avenue 760-602-4610 :·.-., ', __ , ''--i '•' www.carlsbadca.gov JAN O 9 2018 C:T\' (_. Proposed Minor Subdivision No.: __________ _ Subdivision Map Act (SMA) Section 66452.1 sets a 50-day time limit for the Planning Division to process tentative parcel maps. Per SMA Section 66451.1, this time limit may be extended by mutual consent of the applicant and the city to allow for concurrent processing of related approvals or an environmental review of the project. By accepting applications for tentative parcel maps concurrently with applications for other approvals that are prerequisites to the map (e.g., Environmental Information Form, Environmental Impact Report, Condominium Permit, Planned Unit Development), the 50-day time limit is often exceeded. For the city to process a tentative parcel map application concurrently, the property owner or applicant must sign this agreement. If this agreement is not signed, the city will accept the tentative parcel map application only after all prerequisites to the map have been processed and approved. The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time restriction and hereby waives such time restriction for city planner action. Signer is (check one): ______________________ OProperty Owner OApplicant Signature Print Name Date "S'.: == ;;;> Frank Minicilli ,_ i-1" Signer is (check one): _______________________ "l>_ [l]Property Owner OApplicant Signature Print Name Date P-1(F} Rev. 04/13 TEN TIVE PARCEL MAP TENAN,...-· NOTIFICATION STATEMENT Development Services {__city of Carlsbad (Statement of Compliance with Subdivision Map Act Sect. 66427.1) P-1(G) Proposed Minor Subdivision No.: ___________ _ Planning Division i. \ . 1635 Faraday Avenue 760-602-4610 JAN O 9 2018www.carlsbadca.gov I hereby certify that I have read Subdivision Map Act Section 66427.1 (provided below) and that I will make all notifications to the tenants required therein. ~-~ Signature .ld'.'JProperty Owner Signature 0Property Owner .J{.JApplicant 0Applicant Subdivision Map Act Section 66427.1 Print Name Date Frank Minicilli Print Name Date (a) The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project, unless it finds as follows: (1) Each tenant of the proposed condominium, community apartment project, or stock cooperative project, and each person applying for the rental of a unit in the residential real property, has received or will have received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451). (2) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received or will receive each of the following notices: (A) Written notification, pursuant to Section 66452.9, of intention to convert, provided at least 60 days prior to the filing of a tentative map pursuant to Section 66452. (B) Ten days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, that the period for each tenant's right to purchase begins with the issuance of the final public report, and that the report will be available on request. {C) Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate. (D) Written notification within 1 O days after approval of a final map for the proposed conversion. (E) One hundred eighty days' written notice of intention to convert, provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to Section 66452.11, but not before the local authority has approved a tentative map for the conversion. The notice given pursuant to this paragraph shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. (F) Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in Section 11018.2 of the Business and Professions Code, and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of his or her intention not to exercise the right. (b) The written notices to tenants required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a) shall be deemed satisfied if those notices comply with the legal requirements for service by mail. (c) This section shall not diminish, limit or expand, other than as provided in this section, the authority of any city, county, or city and county to approve or disapprove condominium projects. (d) If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, all required written notices regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in that language. P-1 (G) Page 1 of 1 Revised 11/12 '"'\ ----------- ("city of Carlsbad MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue . (760) 602-4610 www.carlsbadca.gov P-6 JA 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 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: 1 052 square feet x $ 50 /sq. ft. = $ __ 52-',_60_0 __ __;_ __ 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/Warehouse uses.) ______ square feet x $ __ /sq. ft. = $. __________ _ COST OF DEVELOPMENT ESTIMATE: $._......::c52=6.::.:00::.._ ______ _ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) [xi 2. A Coastal Development Permit ($60,000 or more cost estimate) D C. Street address of proposed development 3926 Highland Drive P-6 Page 1 ol 6 Revised 05/17 D. Assessor's Parcel Number of proposed development 207-130-60-00 E. Development Description: Briefly describe project:Addition of an accessory dwelling unit to the rear of an existing single family home. F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: single family home south: single family home East: single family home West: single family home G. Is project located within a 100-year flood plain? 0Yes G] No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? [ii Yes D No If y_es, please describe. Existing single family home. B. Will any existing structure be removed/demolished? D Yes [ii No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). 111. LOT COVERAGE A. Existing and Proposed Existing Pro12osed Total Building Coverage 1 .486 sq. ft. 1,511 sq. ft. 3,000 sq. ft. 26.9 Landscaped Area 7.436 sq. ft. 0 sq. ft. 5,132 sq. ft. 46.0 Hardscape Area 1,157 sq. ft. 790 sq. ft. 1,947 sq. ft. 17.5 Unimproved Area (Left Natural) 1,070 sq. ft. 0 sq. fl. 1,070 sq. ft. 9.6 P-6 Page2of6 Revised 05/17 % % % % p.i; B. Parking: •. Number of existing spaces 4 Number of new spaces proposed _O,._ ___ _ Existing/Proposed TOTAL: _...c4 _____ _ Number of total spaces required _..,n"'/..,a'----- Number of covered spaces Number of uncovered spaces _ __,._ _____ _ Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? n/a D Yes# __ [R] No 0Yes#_[i]No C. Grade Alteration: Is any grading proposed? [ii] Yes D No If yes, please complete the following: 1. Amount of cut 98 cu. yds. 2. Amount of fill 98 --"""-----------------·CU. yds. 3. Maximum height of fill slope 8 __ .=_ __________ feet 4. Maximum height of cut slope 11 _ __,_,_ __________ feet 5. Amount of import or export 0 __ _;; ___________ cu. yds. 6. Location of borrow or disposal site Page 3 of6 Revised 05/17 - Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement: I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature :s: ~ Date: I-<j-/g' Certification Statement: I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject property on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. --:s-< ~-I-'7-) 'i( Signature Date: P-1 Page 3 of 6 Revised 03/17 PACIFIC COAST 1111 E. Katella Avenue, Suite 120 Orange, CA 92867 Title Officer: Jim Jean TITLE COMPANY Title Phone: (714)516-6795 Title Email: jjean@pct.com Title Order No.: 10063082-OCT-JJ Issuing Policies of Commonwealth Land Title Insurance Company ORDER NO: 10063082-- Socal Real Estate Consultants 2979 State Street #D carlsbad, CA 92008 Attn.: Jay Berger PROPERTY: 3926 Highland Drive, Carlsbad, CA 92008 Proposed Lender: Proposed Loan Amount: Loan No.: PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Pacific Coast Title Company hereby repotts that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set fotth, insuring against loss which may be sustained by reason of any 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 of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set faith in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the patties. Limitations on Covered Risks applicable to the CL TA and AL TA Homeowners Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for cettain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this repott. This repott (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance CompanY, a Nebraska Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Pacific Coast Title Company Countersigned: Commonwealth Land Title Insurance Company By: Authorized Officer or Agent .,...,,....,.,.., BY /~~~~-~., !~---·· ··---~\ lJ(~EA~)jJ \~~~f, ............... ATTEST CLTA Preliminary Report Form -Modified (11/17/06) L-,resldent """'"""' Page 1 PACIFIC COAST TITLE COMPANY PRELIMINARY REPORT EFFECTIVE DATE: July 25, 2017 at 7:30 a.m. The form of policy or policies of title insurance contemplated by this report is: ALTA Homeowners Policy of Title Insurance (12-2-13) ALTA 2006 Standard Loan Policy 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: FRANK AGUSTO MINICILLI, A SINGLE MAN 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 ESCROW NO.: C LEGAL DESCRIPTION EXHIBIT A PACIFIC COAST TITLE COMPANY TITLE NO.: 10063082-OCT·JJ THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF TRACT NO. 247, THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 191S, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY PROLONGATION OF THE CENTER LINE OF TAMARACK AVENUE WITH THE EASTERLY LINE OF HIGHLAND AS SHOWN ON SAID MAP NO. 1681; THENCE SOUTH 28° 38' 30" EAST (RECORD SOUTH 28° 39' EAST) ALONG THE EASTERLY LINE OF SAID HIGHLAND STREET 1 75.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 61 ° 21' 30" EAST, 150.00 FEET TO THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 150.00 FEET OF SAID TRACT 247; THENCE SOUTH 28 0 38' 30" EAST ALONG SAID NORTHEASTERLY LINE 74.20 FEET; THENCE SOUTH 61° 21' 30" WEST, 150.00 FEET TO THE EASTERLY LINE OF SAID HIGHLAND STREET; THENCE NORTH 28° 38' 30" WEST (RECORD NORTH 28° 39' WEST) ALONG SAID EASTERLY LINE 74.20 FEET TO THE TRUE POINT OF BEGINNING. APN: 207-130-60-00 CLTA Preliminary Report Form -Modified (11/17/06) Page 3 C PRELIMINARY REPORT ESCROW NO.: TITLE NO.: 10063082-OCT-JJ 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: 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 2017-2018. 2. Note: Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts were: Tax Identification No.: 207-130-60-00 Fiscal Year: 2016-2017 1st Installment: $2,710.82 2nd Installment: $2,710.82 Exemption: $0 Land: $477,110 Improvements: $27,739 Personal Property: $0 Code Area: 09000 3. 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. 4. Water rights, claims or title to water, whether or not disclosed by the public records. 5. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 6. A deed of trust to secure an indebtedness in the amount shown below, Amount: $318,500.00 Dated: November 13, 2007 Trustor/Grantor: FRANK AGUSTO MINICILLI, A SINGLE MAN Trustee: CALIFORNIA RECONVEYANCE COMPANY, A CALIFORNIA CORP Beneficiary: WASHINGTON MUTUAL BANK, FA, A FEDERAL SAVINGS BANK Loan No.: 3014923902-868 Recording Date: November 19, 2007 Recording No.: 2007-0725712,Official Records 7. A deed of trust to secure an indebtedness in the amount shown below, Amount: $318,500.00 Dated: March 26, 2010 Trustor/Grantor: FRANK AGUSTO MINICILLI, A SINGLE MAN Trustee: JPMORGAN CHASE BANK, N.A. Beneficiary: JPMORGAN CHASE BANK, N.A., A NATIONAL BANKING ASSOCIATION Loan No.: NOT SHOWN Recording Date: April 13, 2010 Recording No.: 2010-0182370,Official Records CLTA Preliminary Report Form -Modified (11/17/06) Page 4 C PRELIMINARY REPORT ESCROW NO.: TITLE NO.: 10063082-OCT-JJ 8. Matters contained in that certain document Entitled: CITY OF CARLSBAD, NEIGHBORHOOD IMPROVEMENT AGREEMENT Dated: September 30, 2009 Executed by: THE CITY OF CARLSBAD AND FRANK AGUSTO MINICILLI, A SINGLE MAN Recording Date: April 15, 2013 Recording No.: 2013-0233596.0fficial Records Reference is hereby made to said document for full particulars. 9. We find various Liens and Judgments that are of record against persons with similar or the same name as that of the vestee(s) shown herein. In order to complete this report, the Company requires a Statement of Information to be provided for the following vestee(s), which may allow and assist in the elimination of some or all of the said liens and judgments. After review of the requested Statement of Information, the Company reserves the right to add additional items or make further requirements prior to the issuance of any Policy of Title Insurance. Vestee(s): VESTEES HEREIN NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. END OF ITEMS CLTA Preliminary Report Form -Modified (11/17/06) Page 5 C PRELIMINARY REPORT ESCROW NO.: TITLE NO.: 10063082-OCT-JJ NOTES 1. Note: 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. 2. Note: 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 1-4 Family Residential SFR, known as 3926 Highland Drive, Carlsbad, CA 92008 to an Extended Coverage Loan Policy. 3. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. 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 of the 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. 5. Note: Amended Civil Code Section 2941, which becomes effective on January 1, 2002, sets the fee for the processing and recordation of the reconveyance of each Deed of Trust being paid off through this transaction at $45.00. The reconveyance fee must be clearly set forth in the Beneficiary's Payoff Demand Statement ("Demand"). In addition, an assignment or authorized release of that fee, from the Beneficiary to the Trustee of record, must be included. An example of the required language is as follows: 'The Beneficiary identified above hereby assigns, releases or transfers to the Trustee of record, the sum of $45.00, included herein as 'Reconveyance Fees', for the processing and recordation of the Reconveyance of the Deed of Trust securing the indebtedness covered hereby, and the escrow company or title company processing this pay-off is authorized to deduct the Reconveyance Fee from this Demand and forward said fee to the Trustee of record or the successor Trustee under the Trust Deed to be paid off in full." In the event that the reconveyance fee and the assignment, release or transfer thereof are not included within the demand statement, then Pacific Coast Title Company may decline to process the reconveyance and will be forced to return all documentation directly to the Beneficiary for compliance with the requirements of the revised statute. 6. If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. 7. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. CLTA Preliminary Report Form -Modified (11/17/06) Page 6 C PRELIMINARY REPORT ESCROW NO.: TITLE NO.: 10063082-OCT-JJ WIRE INSTRUCTIONS When funds are wired to Pacific Coast Title Company, please use the instructions below: City National Bank 555 South Flower Street, 21 ~ Floor Los Angeles, CA 90071 ABA (Routing) Number: Account Number: Account Name: Credit: Reference: 122016066 555228597 Pacific Coast Title Company Pacific Coast Title Company -OCT 10063082 The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company, a Nebraska corporation. Funds received by this Company via wire transfer may be disbursed upon receipt. Funds received by this company via cashier's check or tellers check may be disbursed on the next business day after the day of deposit. If escrow funds (including shortage checks) are disbursed to this company other than by wire transfer, cashier's check or teller's check, disbursement and/or closing will be delayed 3 to 7 business days. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following: A We have received confirmation of the respective incoming wire. B. Collection of a deposited check. PAYOFF INFORMATION NOTE: This Company DOES require current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be over and above the verbal hold the lender may have stipulated. If this Company cannot obtain a verbal update on the demand, we will either pay off of the expired demand, or wait for the amended demand, at the discretion of the escrow. NOTE: to avoid delays at the time of closing, if the above deed of trust is an Equity Line/Line of Credit, it will be necessary that all checks, passbooks, credit cards together with instructions to close the account be submitted to the Company prior to the close of this transaction. In order to expedite compliance with the above, please do the following: Borrower(s): a) b) Settlement: a) b) Sign and return the Equity Line/Credit Line Affidavit provided with the report, Request that the account be frozen. Obtain a statement from the lender that no advances have been made after the issuance of the demand for payoff, and Upon delivery of the payoff check, a full reconveyance must be obtained. Please be advised that the difference between the principal balance on an issued demand and the maximum principal allowed may be held for up to 10 working days if the above requirements are not met. END OF NOTES Jim Jean/ JK CLTA Preliminary Report Form -Modified (11/17/06) Page 7 C PACIFIC COAST TITLE COMPANY PRIVACY NOTICE Pacific Coast Title Company, ("PCT") respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Information (as defined herein) is being collected, processed and used by PCT. We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. The provision of this Privacy Notice to you does not create any express or implied relationship, or create any express or implied duty or other obligation, between Pacific Coast Title Company and you. See also No Representations or Warranties below. This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by PCT, including collection through any PCT website and any online features, services and/or programs offered by PCT (collectively, the "Website"). This Privacy Notice is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information collected and/or owned by any entity other than PCT. How Information is Collected The types of personal information PCT collects may include, among other things (collectively, "Personal Information"): (1) contact information (e.g., name, address, phone number, email address); (2) demographic information (e.g., date of birth, gender marital status); (3) Internet protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student ID (SIN), driver's license, passport, and other government ID numbers; (5) financial account information; and (6) information related to offenses or criminal convictions. 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; • Information we receive from you through the Website; • Information about your transactions with or services performed by us, our affiliates, or others; and • From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others. Additional Ways Information is Collected Through the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This information may include IP address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of dicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, PCT or other third parties may send a "cookie" 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 and that can be re-sent to the serving website on subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself, does not damage your system. We, our advertisers and other third parties may use cookies to identify and keep track of, among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of the Website may be impaired or not function as intended. See the Third Party Opt Out section below. Web Beacons. Some of our web pages and electronic communic.ations may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as "clear gifs"). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third CLTA Preliminary Report Form -Modified (11/17/06) party advertisers. These Web Beacons do not c.arry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Opt Out section below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others. Third Party Opt Out. Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non-personally identifiable information (e.g., dick stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non-personalized information about your online usage activity. You c.an opt-out of certain online behavioral services through any one of the ways described below. After you opt-out, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you. • You can opt-out via the Network Advertising Initiative industry opt-out at http :lfwww.networkadvertising.org/. • You can opt-out via the Consumer Choice Page at www.aboutads.info. • For those in the U.K., you can opt-out via the IAB UK's industry opt-out at www.youronlinechoices.com. • You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. Note: If you opt-out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt-out again. Use of Personal Information Information collected by PCT is used for three main purposes: • To provide products and services to you or one or more third party service providers (collectively, "Third Parties") who are obtaining services on your behalf or fn connection with a transaction involving you. To improve our products and services that we perform for you or for Third Parties. • To communic.ate with you and to inform you about PCT's, PCT's affiliates and third parties' products and services. When Information Is Disclosed By PCT We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such lam do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To agents, brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; Page 8 C • To third-party contractors or service providers who provide services or perform marketing services or other functions on our behalf; • To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • To tenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose daim or interest must be determined, settled, paid or released prior to a title or escrow closing. In addition to the other times when we might disclose information about you, we might also disclose infonnation when required by law or in the good-faith belief that such disclosure is necessary to: ( 1) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to daims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the rights of third parties; or (4) protect the rights, property or personal safety of PCT, its users or the public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non- Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of whidi may store your information on servers outside of the United States. We require that these parties agree to process sud, information in compliance with our Privacy Notice or in a similar, industry- standard manner, and we use reasonable efforts to limit their use of sud, information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own Privacy Notice. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless sud, disclosure is otherwise permitted by law. We also reserve the right to disclose Personal Information and/or non- Personal Information to take precautions against liability, investigate and defend against any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety of PCT, our users or others. We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of the PCT business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any bread1 of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us. Information From Children We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy NotiC:e, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTI:NDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that PCT's Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children -or others -in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. PCT CLTA Preliminary Report Form -Modified (11/17/06) encourages all parents to instruct their diildren in the safe and responsible use of their Personal Information while using the Internet. Privacy Outside the Website The Website may contain various links to other websites, including links to various third party service providers. PCT is not and cannot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-Personal Information with those other third parties. Please check with those websites in order to determine their prlvacy policies and your rights under them. European Union Users If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. By providing PCT with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. Choices With Your Personal Information Whether you submit Personal Information to PCT is entirely up to you. You may decide not to submit Personal Information, in which case PCT may not be able to provide certain services or products to you. You may choose to prevent PCT from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for whict, you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent of PCT. As described above, there are some uses from which you cannot opt-out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by PCT to the extent that provision of your Personal Information is required to apply for an open position. If PCT collects Personal Information from you, such information will not be disclosed or used by PCT for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use. You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That Information Is Collected Through the Website," subsection "Third Party Opt Out." Access and Correction To access your Personal Information in the possession of PCT and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation. Your California Privacy Rights Under California's "Shine the Light'' law, California residents who provide certain personally identifiable information in connection with obtaining prcx:lucts or services for personal, family or household use are entitled to Page 9 C request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would indude the categories of customer information and the names and addresses of those businesses with which we shared customer infom,ation for the immediately prior calendar year (e.g., requests made in 2015 will receive infomiation regarding 2014 sharing activities). To obtain this information on behalf of PCT, please send an email message to info@PCT.com with "Request for (alifomia Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from time to time, California's Online Privacy Protection Act requires us to disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. PCT Compliance with California Online Privacy Protection Act For some websites which PCT or one of its companies owns, such as the Customer CareNet ("CCN"), PCT 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 for fulfilling a service to that mortgage loan servicer. For example, you may access CCN to complete a transaction with your mortgage loan servicer. During this transaction, the information which we may collect on behalf of the mortgage loan servicer is as follows: • First and Last Name • Property Address User Name • Password Loan Number • Social Security Number -masked upon entry • Email Address Three Security Questions and Answers IP Address The information you submit is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you 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 those with whidl the mortgage loan servicer has contracted to interface with the CCN application. All sections of the PCT Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Personal Information and Access and Correction. If you have questions regarding the dloices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. No Representations or Warranties By providing this Privacy Notice, Pacific Coast Title Company does not make any representations or warranties whatsoever concerning any products or services provided to you by its majority-owned subsidiaries. In addition, you also expressly agree that your use of the Website is at your CLTA Preliminary Report Form -Modified (11/17/06) own risk. Any services provided to you by Pacific Coast Title Company and/or the Website are provided "as is" and "as available" for your use, without representations or warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Pacific Coast Title Company makes no representations or warranties that any services provided to you by it or the Website, or any services offered in connection with the Website are or will remain uninterrupted or error-free, that defects will be corrected, or that the web pages on or accessed through the Website, or the servers used in connection with the Website, are or will remain free from any viruses, worms, time bombs, drop dead devices, Trojan horses or other harmful components. Any liability of Pacific Coast Title Companyand your exdusive remedy with respect to the use of any product or service provided by Pacific Coast Title Company including on or accessed through the Website, will be the re-performance of such service found to be inadequate. Your Consent To This Privacy Notice By submitting Personal Information to PCT, you consent to the collection and use of information by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect_ information from you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Pacific Coast Title Company 1111 East Katella Avenue, #120 Orange, CA 92620 Attn.: Executive Vice President info@PCT.com Copyright © 2015. Pacific Coast Title Company All Rights Reserved. EFFECTIVE AS OF: MAY I, 2015 Page 10 PRELIMINARY REPORT ESCROW NO.: C TITLE NO.: 10063082-OCT-JJ Notice of Available Discounts Pursuant to Section 2355.3 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 filed 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 such discount. These discounts only apply to transactions 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. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Companies CTC -Chicago Title Company CLTC -Commonwealth Land Title Company FNTC -Fidelity National Title Company FNTCCA -Fidelity National Title Company of California TICOR -Ticor Title Company of California LTC -Lawyer's Title Company DISASTER LOANS (CTIC) Underwritten by FNF Underwriters CTIC -Chicago Title Insurance Company CLTIC -Commonwealth Land Title Insurance Company FNTIC -Fidelity National Title Insurance Company FNTIC -Fidelity National Title Insurance Company CTIC -Chicago Title Insurance Company CLTIC -Commonwealth Land Title Insurance Company The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of califomia on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFITABLE ORGANIZATIONS (CTIC, FNTIC) 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 fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be thirty-two percent (32%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. CLTA Preliminary Report Form -Modified (11/17/06) Page 11 C ATTACHMENT ONE CAUFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. 2. 3. (a) Any law, ordinance or governmental regulation (induding 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 of Policy. (b) Any governmental police power not ex.duded by (a) above, except to the extent that a notice of the 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. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date 4. 5. 6. of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured daimant prior to the date the insured daimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company wm 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 of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or daims thereof, not Attachment One (06-05-14) CLTA Preliminary Report Form -Modified (11/17/06) 4. 5. 6. shown by the public records. 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. (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. Any lien or right to a lien for services, labor or material not shown by the public records. Page 12 C ATTACHMENT ONE (CONTINUED) 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 of c. that result in no loss to You; or those portions of any law or government regulation concerning: a. building; b. zoning; 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. 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 Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; 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 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 Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Attachment One (06-05-14) Your Deductible Amount 1 % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) CLTA Preliminary Report Form -Modified (11/17/06) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 Page 13 C ATTACHMENT ONE (CONTINUED} 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 of: I. 2. 3. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) {ii) the occupancy, use, or enjoyment of the Land; the character, dimensions, or loc.ation 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 Exdusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exdusion l(b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this 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 if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any daim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. 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 of recording of the Insured Mortgage in the Public Records. This Exdusion does not modify or limit the coverage provided under Covered Risk 1 l(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 II, this policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: PART 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 indude the following Exceptions from Coverage: I. 2. 3. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Attachment One (06-05-14) CLTA Preliminary Report Form -Modified (11/17/06) 4. 5. 6. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. (a) Unpatented mining daims; (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. Any lien or right to a lien for services, labor or material not shown by the Public Records. Page 14 ATTACHMENT ONE (CONTINUED) 2006 ALTA OWNER'S 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 of: I. 2. 3. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) (ii) the occupancy, use, or enjoyment of the Land; 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 l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the 4. 5. 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 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. Any daim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 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 of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exdusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will atso 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 polic.y 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: I. 2. 3. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Any facts, rights, interests, or claims 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 of the Land. Easements, liens or encumbrances, or daims thereof, not shown by the Public Records. Attachment One (06-05-14) CLTA Preliminary Report Form -Modified (11/17/06) 4. 5. 6. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disdosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. (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. Any lien or right to a lien for services, labor or material not shown by the Public Records. Page 15 C ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 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 of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(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 Exdusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no 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, 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 if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with Attachment One (06-05-14) CLTA Preliminary Report Form -Modified (11/17/06) applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exdusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exdusion 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 in Covered Risk 1 l(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 Exdusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. 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