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CDP 2018-0019; SNYDER RESIDENCE; 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 ~ Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care (Large) D Minor D Environmental Impact Assessment D Habitat Management Permit D 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 Special Use Permit D Minor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits Gl)P:lA>ll'i • 00\C, D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change D Amendment D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (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 21s -o.rc1 -s2 -0 '-' /le'/ (STREET ADDRESS) ~~ /Ur~,,?~cte ESTIMATED COMPLETION DATE Development No. .1)€.v 2.A~ '\I' -0 0'31.. Lead Case No. P-1 Page 1 of6 Revised 03/17 OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME Jh~A Civl'?lfl'-INDIVIDUAL NAME (if applicable): (if applicable): COMPANY NAME , COMPANY NAME (if applicable): (if applicable): MAILING ADDRESS: /._cJ' £2 p/1-A~CT ,ltlfl-MAILING ADDRESS: CITY, STATE, ZIP: .S-A,4/27~1: c,tl, ")2.J,{ CITY, STATE, ZIP: TELEPHONE: £/y-?}r-88~~-TELEPHONE: EMAIL ADDRESS: tJd_l l'-6"' .1/1,0)4 C.o'1. • :;_{l_. e,QO,f EMAIL ADDRESS: I CERTIFY THAT I AM THE I OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE D CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTiii,?:, LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH ' IS Y AUTHORIZED REPRESENTATIVE FOR PURPO~ICATION. ;;--s---,e. SIG!jP"rl DATE SIGNATURE DATE // ~PPLICANT'S REPRESENTATIVE (Print): u,d~l's l'/-S-tl.12." u,S: 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 GIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONS O ENTRY FOR THIS PURPOSE NOTICE OF RESTRICT RECORDED ON TH THE LAND P-1 PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING LE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH Y SUCCESSORS IN INTEREST. FE.B 2 ?. 2019 DATE ·st.A.MP APPLICATION RECEIVED RECEIVED BY: I= 7/A Page 2 of 6 Revised 03/17 --- OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME INDIVIDUAL NAME ' /)AU~ ,/) ,7., t ,-<.J C.. "' (if applicable): (if applicable): COMPANY NAME COMPANY NAME QI applicable): QI applicable): MAILING ADDRESS: MAILING ADDRESS:,t-'1' £2, tn c,'!$2.f;:cr l',J- CITY, STATE, ZIP: CITY, STATE, ZIP: .,s-i4~1i CA :;,zc:12 ,I I TELEPHONE: TELEPHONE: ~l"S'·.St..z-z::1 :-..!1" EMAIL ADDRESS: EMAIL ADDRESS: {.J(lll( &lS:u 1 ~&ldt !i,, ::r. Sa~ 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. 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. IM/E CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE Tl TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LA ND BIN NY UCCESSORS IN INTEREST. ' FOR CITY USE ONLY DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of6 Revised 03/17 {'city of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittaL Your project cannot be reviewed until this information is completed. Please print Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit" Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Personc?J~5 P.$0,:~ Corp/Part __________ _ Title /76..--'......,,,:;;--Title ____________ _ Address/u.CI 2 JJ~ A:.-1..._ Address. ___________ _ ~tvntE, c,4. '5 2..t;.,, 7• OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) PersoTJ z:;;,,;-u.? H yy,af'-- Title 4-t,,µ,~ Address/47"'{2 &J~,v ' Corp/Part ___________ _ Title _____________ _ Address ____________ _ Page 1 of2 Revised 07 /1 O • 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 [6J No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. / ave information is true and correct to the best of my knowledge. Signature of applicant/date 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 ,. {cityof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the lime of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below, 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person___________ Corp/Part, ___________ _ Title, ___________ _ Title, ____________ _ Address. __________ _ Address ____________ _ 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, 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 (Jqv,.: ,Oo.,.,u ,... Corp/Part~------------ Title ~ Title. _____________ _ Address g, t.l Z. J?v-72-::. r "' Address ___________ _ ~ c;,,:f. '9'2.•1{ • P-1 (A) 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? Oves ~o 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 of6wner/date . Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07 /1 O , .• -------------,.✓------------, (city of Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: • s:;u vc11.,.-/L£~,.),;}../<-....._ APPLICANT NAME: 7J::I r--1. e v . '>eyr.JfC-v Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov 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: u__J!i ~ ou.-.L-O,JJc M 1-:,s.,__, Cu.s1,1~ ~0 M~-~ t-~•"i: w,L-"-0tL 2 5.uf-.Af Ftv/11'-"<?J AJ--Jt::. STLJ.."-<-0 t=-~--n=zQ,lo-r--'. \--\"-'(¥\IL. \. S (2...cfJ\c..,.,0 G i:?y_, :,---T, J.--J G (-\oAAi1.. --C-~\, (\' L,UA'> ~'-N'VJ J)ou.rt'-1 · P-1 (B) Page 1 of 1 Revised 07/10 --( 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 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: 7 ,,_ ""' 3, 343'?? square feet x $ / 4-I• '"'!sq. ft.=$ 4 Z'-{,, 14 ?, oP Residfintial Addition Square Footage: ______ square feet x $ ___ ~/sq. ft.=$ ________ _ Any Garage Square Footage: f,;, 7-Z-. square feet x $ 3&/fZ/sq. ft.=$ 2 41 '6'6""".?'", 5"& 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.=$---------~- ~-P 3 C7.a=', ·3u, COST OF DEVELOPMENT ESTIMATE:$. ______ ..,__ 1-_,, __ _ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) D 2. A Coastal Development Permit ($60,000 or more cost estimate)~ C. Street address of proposed development I 7 'it I S"°(L. 1 /VJ tn £ 12. C r. P-6 Page 1 of 6 Revised 05/17 C D. Assessor's Parcel Number of proposed development Z I 5' -o ~ tJ -5 7 -t7e? E. Development Description: 0 Briefly describe project: Z 5'.TCJ /2-t' 'SI Iv 6l z I= A-;,,1//,, Y IZ<z5l1J 'z#Cz,. F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: V ~cflµ, L-A,-.;O South: 5/ "-' 6 { z. FAµ 11.-< Hc;,..,,t't.,5 East: ___ .,,.1/.Ll!..c..c=-<--z"-,_,---=-r-""l-'-A-'--'-N---'-'D:...._ _____________ _ West: __ ~5"'---'l_tu'---'6'----='-L-=f::.........<F----<-A-"-'--/.1........_f-=L-Y_l-l---'--tJ-'----/'4__;;;:t._~ _________ _ G. Is project located within a 100-year flood plain? D Yes .l8J' No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? ,.Kl Yes D No If yes, please describe.2 CA-ti!-C, ,,4(2A 6 SZ- B. Will any existing structure be removed/demolished? D Yes ,© No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ill. LOT COVERAGE A. Existing and Proposed Existing Pro!losed Total Building Coverage &oa. sq. ft. ·"2-,4-S";sq. ft. ~ 25?'3 sq. ft. 7 Landscaped Area sq. ft. sq. ft. sq. ft. Hardscape Area sq. ft. -Z,tZ5' sq. ft. '2-,112(; sq. ft. 7 Unimproved Area (Left Natural) sq. ft. ?> ~ 'fA§ sq. ft. 1 ~. '74~ sq. ft. '5?13 P-6 Page 2 of6 Revised 05/17 % % % % 8. Parking: Number of existing spaces ?- Number of new spaces proposed _'.?_,,_,_ ___ _ Existing/Proposed TOTAL: ~ Number of total spaces required -~1,~---- Number of covered spaces ? Number of uncovered spaces ___ O ____ _ Number of standard spaces 6' Number of compact spaces tJ Is tandem parking existing? D Yes # __ gJ No Is tandem parking proposed? D Yes# ~ No C. Grade Alteration: Is any grading proposed? -g] Yes D No If yes, please complete the following: ,.,5 1. Amount of cut __________________ _ cu. yds. I 75 2. Amount of fill ______________ -'-----cu. yds. 71 feet 3. Maximum height of fill slope----------'-------~ feet 4. Maximum height of cut slope---------"---- 5. Amount of import or export _____________ _ cu. yds. 6. Location of borrow or disposal site ________________ _ P-6 Page 3 of6 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.) P-6 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 Oa. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. Ob. Location, size and use of all easements. De. Dimensions and locations of: access, both pedestrian and vehicular, showing service areas and points on ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. Od. Distance between buildings and/or structures. De. Building setbacks (front, rear and sides). Of. Location, height and materials of walls and fences. Og. Dimensions/location of signs. Oh. A summary table of the following (if applicable to the application): 0(1) Street address and assessor's parcel number. 0(2) Site acreage. 0(3) Existing Land Use Designation and Zoning. 0(4) Proposed land use. 0(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. 0(8) Square Footage of open or recreational space (if applicable). 0(9) Cubic footage of storage space (if applicable). Di. 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 be submitted 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. 04. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 05. Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. 06. Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. Page 4 of 6 Revised 05/17 - {'city of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection A ency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. · D The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: 1 -z;:;.,u.£? ,M ~ Address:/(/ G /2 ;J,...., S-f7/i GT ,t<- ..,S'~/:;:. c/1 -z L ~1 r PROPERTY OWNER Name: ..:;7;9,µ,..r.s-,0( SpX/11~ Address: /Ubl l J2-,,,.r,1(%.. cr ;"1-'V'l-• ·1c.-,,.-; ~/ Address of Site: / /t::::.:( .>L~1,,q,vtc>--c~ ~ Local Agency (City and County): _ _._C"-'4=v<---<-==.>.!"_./?.r.=t4'=0:c_ ______________ _ Assessor's book, page, and parcel number: 21 S--CJ,S-"-' -D -c;, u Specify list(s): ___________________________ _ 2-2c;-/~ Appli / wner 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) Page 1 of 2 Revised 02/13 ('cityof Carlsbad ,,--·~ HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) ' Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify !hat (check one): D The development project and any alternatives proposed in this application are not contained on the lists complied pursuant to Section 65962.5 of the State Government Code. D Thia development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name.: _______________ _ . Address:. ______________ _ Phone Number:. ___________ _ PROPERTY OWNER Name:cf}4<1'f2r?t ,JG cl Address://2 (.t 'l-fJ.-.,-,;;~ 111'"' I S71Y'"I£ . cA "Sl. 0 7 { 1 Phone Number: kl' -$""', 2--t':C e' Address a/Site: ____________________________ _ Local Agency (City and County): ______________________ _ Assessor's book, page, and parcel number: ___________________ _ Specify list(s): ___________________________ _ Regulatory Identification Number:. ______________________ _ Date of List:, _____________________________ _ Applicant Signature/Date iii1operty Owner Signature/Date The Hazardous Waste and Substances Siles Lisi (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1 (C) Page 1 of2 Revised 02/13 • --' CLTA Preliminary Report Form (Rev. 11/06) Order Number: DIV-5622298 Page Number: 1 Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: Fust American Title First American Title Company 7676 Hazard Center Drive, Ste 1100 San Diego, CA 92108 California Department of Insurance License No. 151 DIV-5622298 (04) Korey Mulvey (619)231-4670 (877)648-8386 tit1eunit4@firstam.com James M. Snyder 1781 Skimmer Court Carlsbad, CA 92011 PRELIMINARY REPORT Updated In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of litle Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of 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. First American Tltle Page 1 of 13 , . .,. Dated as of July 16, 2018 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: Order Number: DIV-5622298 Page Number: 2 ALTA/CLTA Homeowner's (EAGLE) Policy ofTitle Insurance (2013) and ALTA Ext Loan Policy 1056.06 (06-17-06) if the land described is an improved residential lot or condominium unit on which there is located a one-to-four family residence; or ALTA Standard Owner's Policy 2006 (WRE 06-17-06) and the ALTA Loan Policy 2006 (06-17-06) if the land described is an unimproved residential lot or condominium unit A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: James M. Snyder, a single man and David Drinco, a married man as his sole and separate property, as joint tenants The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE AS TO PARCEL(S) 1; EASEMENT AS TO PARCEL(S) 2 AND 3 The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2018-2019, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2017-2018. First Installment: $1,064.96, PAID Penalty: $0.00 Second Installment: $1,064.96, PAID Penalty: $0.00 Tax Rate Area: 09165 A. P. No.: 215-050-57-00 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. An easement for ELECTRIC TRANSMISSION LINES and incidental purposes, recorded December 09, 1953 as BOOK 5071 PAGE 317 of Official Records. In Favor of: SAN DIEGO GAS AND ELECTRIC COMPANY Affects: SAID LAND First American Title Page 2 of 13 5. 6. 7. 8. 9. 10. 11. 12. 13. Order Number: DIV·S622298 Page Number: 3 An easement for EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS and incidental purposes, recorded December 12, 1961 as INSTRUMENT NO. 214437 of Official Records. In Favor of: SAN DIEGO GAS AND ELECTRIC COMPANY Affects: SAID LAND An easement for EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS and incidental purposes, recorded January 08, 1971 as INSTRUMENT NO. 4311 of Official Records. In Favor of: SAN DIEGO GAS AND ELECTRIC COMPANY Affects: SAID LAND An easement for UNDERGROUND COMMUNICATION STRUCTURES and incidental purposes, recorded March 09, 1971 as INSTRUMENT NO. 44883 of Official Records. In Favor of: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY Affects: SAID LAND 1.AN EASEMENT FOR ROAD AND UTILITY PURPOSES AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED DECEMBER 6, 1973 AS INSTRUMENT NO. 338122 OF OFFICIAL RECORDS. An easement for PUBLIC STREET AND PUBLIC UTILITIES PURPOSES and incidental purposes, recorded May 18, 2000 as INSTRUMENT NO. 00-259213 of Official Records. In Favor of: WESTERN PACIFIC HOUSING-CARLSBAD I, A DELAWARE LIMITED LIABILITY COMPANY Affects: SAID LAND An easement for DRAINAGE and incidental purposes, recorded May 18, 2000 as INSTRUMENT NO. 00-259214 of Official Records. In Favor of: WESTERN PACIFIC HOUSING-CARLSBAD I, A DELAWARE LIMITED LIABILITY COMPANY Affects: SAID LAND An easement for CONSTRUCTION AND MAINTENANCE OF AN EMBANKMENT SLOPE FOR ROADWAY SUPPORT and incidental purposes, recorded May 18, 2000 as INSTRUMENT NO. 00-259215 of Official Records. In Favor of: Affects: WESTERN PACIFIC HOUSING-CARLSBAD I, A DELAWARE LIMITED LIABILITY COMPANY SAID LAND Any easements and/or servitudes affecting easement parcel(s) 2 AND 3 herein described. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. First American Title Page 3 of 13 INFORMATIONAL NOTES Order Number: DIV-5622298 Page Number: 4 Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single Family Residence known as 1781 SKIMMER COURT, CARLSBAD, CA. 2. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded October 03, 2017 as INSTRUMENT NO. 17-455313 OF OFFICIAL RECORDS From: LESLIE DRINCO, SPOUSE OF GRANTEE To: DAVID DRINCO, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPER1Y A document recorded October 03, 2017 as INSTRUMENT NO. 17-455314 OF OFFICIAL RECORDS From: GREGORY E. SASKA, SUCCESSOR TRUSTEE OF THE ISABEL R. SASKA TRUST DATED APRIL 1, 1998 To: JAMES M. SNYDER, A SINGLE MAN AND DAVID DRINCO, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPER1Y, AS JOINT TENANTS 3. We find no open deeds of trust. Escrow please confirm before closing. NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the Public Records on or after February 8, 2011, encumbers the Title except as follows: None The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Page 4 of 13 LEGAL DESCRIPTION Order Number: DIV-5622298 Page Number: 5 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: THE EAST 435 FEET OF THE NORTH 110 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED OCTOBER 25, 1875. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE EAST 20 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED OCTOBER 25, 1875. PARCEL 3: A PERMANENT AND NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES AND INCIDENTALS THERETO OVER THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, FOR THE BENEFIT AND USE OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PART OF THE NORTH ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, SAID EASEMENT TO BE 40.00 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, DISTANT THEREON SOUTH 0°37'04" EAST 183.00 FEET FROM THE NORTHWEST CORNER THEREOF, SAID POINT BEING IN THE ARC OF A NON-TANGENT 200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, THROUGH WHICH POINT A RADIAL BEARS NORTH 9°58'06" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°28'06", A DISTANCE OF 12.11 FEET; THENCE TANGENT TO SAID CURVE NORTH 83°30'00" EAST, A DISTANCE OF 62.00 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°55'00" A DISTANCE OF 62.69 FEET TO A POINT OF REVERSED CURVATURE WITH A 150.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, THROUGH WHICH POINT OF REVERSED CURVATURE A RADIAL BEARS NORTH 29°25'00" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 60.00 FEET, MORE OR LESS, TO THE WESTERLY LINE OF COUNTY ROAD SURVEY NO. 1800-1, KNOWN AS EL CAMINO REAL. THE SIDELINES OF SAID 40.00 FOOT STRIP SHALL BE LENGTHENED AND/OR SHORTENED AS TO TERMINATE IN SAID WESTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, AND IN SAID WESTERLY LINE OF EL CAMINO REAL. APN: 215-050-57-00 First American Title Page 5 of 13 First American Title Page 6 of 13 Order Number: DIV-5622298 Page Number: 6 NOTICE Order Number: DIV-5622298 Page Number: 7 Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days a~er depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day a~er deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. First American Title Page 7 of 13 EXHIBIT A Order Number: DIV-5622298 Page Number: 8 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE} Cl TA 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: 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 of Policy. (b) Any governmental police power not excluded 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. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) 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. 4. 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. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury 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 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 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 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 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/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; First American Title Page 8 of 13 Order Number: DIV~5622298 Page Number: 9 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 Polic.y Date, but not to Us, unless they are recorded in the Public Records at the Polic.y Date; c. that result in no loss to You; or d. that first occur after the Polic.y Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in 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 bankruptc.y, 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: Your Deductible Amount 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 1 % of Polic.y Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Polic.y Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000 $25,000 $25,000 $5,000 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupanc.y, 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. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; First American Title Page 9 of 13 -' • Order Number: DIV-5622298 Page Number: 10 (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 claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the litle 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 Exclusion does not modify or limit the coverage provided under Covered Risk ll(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,[ t[or T]his 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: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, daims 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 of this 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 of the Insured Mortgage:] 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: 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. (b) Any governmental police power. This Exclusion l{b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; First American Title Page 10 of 13 Order Number: DIV~S622298 Page Number: 11 (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 or 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. 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 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 of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) 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 Exclusion 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 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 Exclusion 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 First American Title Page 11 of 13 -- Order Number: DIV-5622298 Page Number: 12 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 in Covered Risk ll(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 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. 1 a. 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. First American Title Page 12 of 13 .:::.:j::z I Fust American 1itle Privacy Infonnation ' - Order Number: DIV-5622298 Page Number: 13 We Are Committed to safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial Information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Polley to govern the use and handling of your personal information, Applicability This Privacy Policy governs our use of the Information that you provide to us. It does not govern the manner In which we may use Information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of Its source. First American calls these guidelines Its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include; • Information we receive from you on applications, forms and In other communications to us, whether in writing, In person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or {2) as permitted by law. We may, however, store such information indefinitely, Including the period after which any customer relationship has ceased. Such Information may be used for any Internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies Include financial service providers, such as title Insurers, property and casualty insurers, and trust and investment advisory companies, or companies Involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial Institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your Information. We restrict access to nonpublic personal Information about you to those individuals and entities who need to know that Information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal Information. Information Obtained Through Our Web Site First American Financial Corporation Is sensitive to privacy issues on the Internet. We believe it Is Important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates' Web sites on the Wor1d Wide Web without telling us who you are or revealing any Information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This Information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop Ideas to Improve the content of our site. There are times, however, when we may need Information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal Information. Usually, the personal Information we collect Is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal Information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize Information to your personal tastes. A cookie Is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy In all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Publlc Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer In our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will t:!ke reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct Inaccurate information, we will take all reasonable steps to assist consumers In identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the Importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use Information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form SO-PRIVACY (9/1/10) Page 1 of 1 First American Title Page 13 of 13 Privacy Information (2001-2010 First American Financial Corporation)