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Home My WebLink AboutCDP 2018-0047; HIGHLAND WIEW HOMES; Coastal Development Permit (CDP)r-. -------------~ '"----------------..;J!t,C..-------------. . Ccicyof 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 Pennits Iii Coastal Development Pennit Iii Minor D Conditional Use Permit D Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Pennit 0Minor 0Minor D Nonconfonning Construction Pennit D Planned Development Pennit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D 'Site Development Plan D Special Use Permit · 0Minor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance 0Minor (FOR DEPT. USE ONLY) Legislative Pennits c.DPUlS$'-O<H7 D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change □Amendment □Amendment D Zone Code Amendment South Carlsbad Coastal Review Atea Pennits D Review Permit D Administrative D Minor D Major Village Review Atea Pennits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) B 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): current: 205-220-94 future: 205-221-08 & 10 LOCATION OF PROJECT: 3794 Highland Drive NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY ----------------------------------(STREET ADDRESS) Highland View Homes Lot 8 & 10 Lot Line Adjustment between Lots 8 and 10 of Map 16273 ·µ IA---ESTIMATED COMPLETION DATE J.} /A. ------------ Development No. Q f.. \l \ \ 0 J (-Lead Case No. Ci)P'l-0 \_g-0 c) 'i.7 ~ , P-1 Page 1 of 6 Revised 03/17 OWNER NAME INDIVIDUAL NAME (if applicable): ,, APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME (if applicable): ,--.., COMPANY NAME (if applicable): COMPANY NAME j . ll-74, C --=i.c.:.i~=---..i..:;:=..:i.~=.::ii...;~=-=,,.....:.~.--viStif applicable): / , / ~ MAILING ADDRESS:-+-&,,...-__ ( __ ' _____ _ MAILING ADDRESS: ~.!:.,,,t.~-''f.!..l:.~~£..!:::::!::Z'J!~_!,,,a,:_..,! CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HEREIN S MY AUTHORIZED REPRESENTATIVE FOR PURPOSES CJ< THO, PUC . ~ .;; /(}. &r. ,-r DA I CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Tara Goldberg ____ ___;;, ______________________ _ MAILING ADDRESS: 535 N Highway 101, Suite A CITY, STATE, ZIP: Solana Beach, CA 92075 TELEPHONE: 858-259-8212 EMAIL ADDRESS: tgoldberg@plsaengineering.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AN CORRECT TO THE BEST OF MY KNOWLEDGE. 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. I/WE 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 TH;J1ND AND.,..BIND A _su SS<2._RS IN INTEREST. ~ ✓ ~~~ FOR CITY USE ONLY P-1 Page 2 of 6 NOV 2 0 2018 I .;;I c~-,.. __ , •~~ . :: , -. -) DATE SifA!'.'AP-.½\PPUlCID!ION.RECJ=IVED RECEIVED BY: Revised 03/17 Ccicyof Carlsbad ~· . PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: Highland View Homes Lots 8 & 10 APPLICANT NAME: Brian Sullivan -------------------------- 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: Lot Line Adjustment between Lots 8 & 10 of Map 16273, Carlsbad Tract No. 16-04, approved grading plan 504-3A, and approved improvement plan 504-3. __ ) NOV 2 0 2018 ~ --~ ... ' . P-1(8) Page 1 of 1 Revised 07/10 C c ityof Carlsbad DISCLOSURE STATEMENT P-1 (A) C' 9!JY!l8~nt Services Planhing Division 1635 Farad'JJY Avenue p_ ...... • ..., _, (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, 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 . 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ,4,p/fo.J 1Jctd.l/4. Corp/Part _________ _ Title____________ Title _____________ _ Address 2 77 IJ. £./ (a ,n/,.;o ~i,( Address _________ _ G-tU e,/ J.J t' f cc. s Cfl <?f;;zo-;z.'f OWNER (Not the owner's a~ent) 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 13/", atwS&vtJfu l(Jv ~ Ge F~~Pflrt /41 I dt,qe( ,fu. ger &c-/:. er Ina-IV Title J#a>:'-=)Jle /U (JA't-1/;ru"' Title rJ/ ~P;h b-e r' Address 375'i ///4#/a,µJ bpi . Address ;;l '7 31 lJcea.,y Sfl Ceui' fsbcui~lf V<fJ<OK' U1/ &{pa,'7, c 11 9:ttro.f' Page 1 of 2 Revised 07110 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 £81..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 applicant/date ~t/a:tJ ~G_p t/lucwJ Print or type name of owner cg/I / ow0 "-,5:CI ti/ c/CUN 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 .. ' . ..-i Ccicyof Carlsbad HAZARDOUS WAST! AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): J&1 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 m contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: ___ ~~---.:----------- Address:~J~~)ji/j~~~,__,.E-.-_ Phone Number: __________ _ PROPE~TY OWNER / Name: 13/\, 0U /;va-1<.l Address: '37<>-~ /fi ' ~J b,-, Carls:6~ ~r+ 9/40(0~ Phone Number: 16 0 ·-'/ 0?--5 0 ;;..1 Address of Site: 37'1':1 ffi3\:\\a,ricl '.Cn,v'f Local Agency (City and County):_C_i~t'(}---~'t-J __ C .... l\ ___ v i ..... S .... kx\...__d ___________ _ Assessor's book, page, and parcel number: Cur <C. rvt ·. 'ZQS -~ 2. 2 o-ct '-{ Specify list(s): __________________________ _ Regulatory Identification Number:. ____________________ _ Date of List ___ ..,.._ ______________________ _ ~lk iii~~ ,tpd/flr Applicant Signature/Date Property Owner Signature/Date · The Hazardous Waste and Substances Sites List (Cortese List) is used by the Stat~. 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 , Per the California Environmental Protection Agency's website, 'While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "fist," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list ,of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/Corteselist/default.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/pygllc Envirostor Help Desk (916) 323-3400 State Water Resources Control Board http://geotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san~diego.ea.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: , County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505w6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superfund/sltes/cursites {800) 424w9346 or (702) 284-8214 National Priorities List Sites in the United States WNW.epa.gov/superfuncl/sltes/npl/npl.htm Page2of2 Revised 02/13 . ,· Ccicyof Carlsbad EIA INFORMATION FORM P-1(0) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760} 602-4610 www .carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1(0) Page 1 of 4 Revised 07/10 r ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ____________ (To be completed by City) Application Number(s): General Information 1. 2. Highland View Homes Lots 8 & 1 0 Name of project: __________________________ _ Brian Sullivan Name of developer or project sponsor. Add 3758 Highland Drive ress: _____________________________ _ C·t Stat z· C d . Carlsbad, CA 92008 1 y, e, 1p o e. _________________________ _ Phone Number: 760402-5021 --------------------------- 3. Name of person to be contacted concerning this project: _T_a_ra_G_o_ld_b_er_g ________ _ Address: 535 N Highway 101, Suite A C·t St t z· C d . Solana Beach, CA 92075 1 y, a e, Ip o e. _________________________ _ Phone Number: 858-259-8212 --------------------------- 4 Add f P . ct 3794 Highland Drive . ress o ro.ie : _________________________ _ 5. 6. 7. 8. 9. Assessor's Parcel Numbe~ current: 205-220-94 future: 205-221-08 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: Residential Existing General Plan Land Use Designation: ________________ _ E . t· . d" t ·ct R-4 xis mg zoning Is n : ________________________ _ Existing land use(s): _v_a_ca_n_t_R_e_s_id_e_n_tia_1 __________________ _ Proposed use of site (Project for which this form is filed): Single-Family Residential Project Description 10. 11. 12: 13. 14. P-1(D) S·t . Lot 8 + Lot 10 = 22,062 sf gross 1 e size: _____________________________ _ Proposed Building square footage: _o ____________________ _ Number of floors of construction: _o ____________________ _ 2 Amount of off-street parking provided: ___________________ _ Map 16273, Carlsbad Tract No. 16-04, DWG 504-3 & 504-3A Associated projects: _________________________ _ Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _N_I_A ________ _ 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_I_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 ~-I Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial a ~ alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ [Z] roads. 22. Change in pattern, scale or character of general area of project. □ [Z] 23. Significant amounts of solid waste or litter. □ [Z] 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ [Z] 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ [Z] alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ [Z] 27. Site on filled land or on slope of 10 percent or more. □ [Z] 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ [Z] flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ [Z] etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ [Z] 31. Relationship to a larger project or series of projects. □ [Z] 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 informatio. n ~nted are true and correct to the best of my k::dge and be~-0 Date: "1 / 1 f \ i Signature: ? ,,,.,...,_..,_ ~ d For: P-1(0) Page 4 of 4 Revised 07/10 . , IN WITNESS WHEREOF, all of the Members of Carlsbad Coastal Views LLC, a California Limited Liability Company, have executed the Agreement, effective July l, 2015. MEMBER: Brian Sullivan 13ua:__ M~{._ >., NOV 2 0 2018 * * * 62 EXHIBIT A CAPITAL CONTRIBUTION AND VOTING PERCENTAGE OF MEMBERS AS OF JULY 1, 2015 CARLSBAD COASTAL VIEWS LLC MEMBER'S MEMBER'S CAPITAL PERCENTAGE MEMBER'S NAME MEMBER'S ADDRESS CONTRIBUTION VOTING INTEREST Michael Lockerman $ 50% Brian Sullivan 50% TOTALS: $ 100% 63 EXHIBITB PERCENTAGE INTERESTS IN NET PROFITS AND NET LOSSES AS OF JULY 1, 2015 CARLSBAD COASTAL VIEWS LLC MEMBER'S NET PROFITS MEMBER'S NAME PERCENTAGE Michael Lockerman Brian Sullivan TOTALS: 100% 64 MEMBER'S NET LOSSES PERCENTAGE 50% 50% 100% Ccicyof 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: µ/-/\ square feet x $ /sq. ft.=$ Residential Addition Square Footage: µIP square feet x $ /sq. ft.=$ Any Garage Square Footage: rJIPr square feet x $ /sq. ft.=$ Residential Conversion Square Footage: :}JI fr 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. = $ ___ ..... N_' .... ( /\ _____ _ COST OF DEVELOPMENT ESTIMATE: $ _____ tJ.........,.l ....... ,fr ____ _ r~ --· ,,, B. Do you wish to apply for: ~ 1. A Minor Coastal Development Permit (Under $60,000 cost estimate)@ C) C'-1 2. A Coastal Development Permit ($60,000 or more cost estimate) D Q C'l > C. Street address of proposed development 31q'-i lli~h\c,nd ·1x Cw \sb:d C) z ., P-6 Page 1 of 6 Revised 05/17 D. Assessor's Parcel Number of proposed development ()Hr e o k : 2 lf-S-2-2 o -q L..I ,4;:bue : 205 -2. 2 , ~ o \ 1 / 0 E. Development Description: Briefly describe project: Lo:\: liN odJ--;strn,&v\,+ X}.e.h.ufQ-n I o±s 1 a YJ cl I o of \:::( c,\.e I (a .2.. 73 F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: K,{'5;c1Q,V}--h~ South: £J1 S :1 c\ o V\,::b M East: :)cb oo \ West: lli%½\cwd P<l \[ e G. Is project located within a 100-year flood plain? 0Yes ~No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? 0Yes ~No If yes, please describe. 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 tJ /A- Existing Proposed Total Building Coverage sq. ft. sq. ft. sq. ft. Landscaped Area sq. ft. sq. ft. sq. ft. Hardscape Area sq. ft. sq. ft. sq. ft. Unimproved Area (Left Natural) sq. ft. sq. ft. sq. ft. P-6 Page 2 of 6 Revised 05/17 % % % % P-6 B. Parking: Number of existing spaces Number of new spaces proposed _____ _ Existing/Proposed TOTAL: Number of total spaces required __ ,___ ___ _ Number of covered spaces Number of uncovered spaces _______ _ Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? OYes# __ ONo OYes#_ONo C. Grade Alteration: Is any grading proposed? D Yes ~No If yes, please complete the following: 1. Amount of cut __________________ cu. yds. 2. Amount of fill cu. yds. 3. Maximum height of fill slope feet 4. 5. Maximum height of cut slope _____________ feet Amount of import or export cu. yds. 6. Location of borrow or disposal site _______________ _ Page 3 of 6 Revised 05/17 ERNEST J. DRONENBURG, JR. SAN DIEGO COUNTY ASSESSOR/RECORDER/CLERK 1600 PACIFIC HIGHWAY, ROOM 103 SAN DIEGO CALIFORNIA 92101-2480 Telephone (619) 531-5588 TENTATIVE ASSESSMENT PARCEL NUMBERS REQUEST (THIS FORM IS FOR INTERNAL OFFICE USE ONLY) DATE: 11/7/2017 SUBDIVISION NAME: CITY OF CARLSBAD TRACT NO. 16-04 HIGHLAND VIEW HOMES PARCEL NUMBER OR LEGAL DESCRIPTION: 205-220-94-00 DEPUTY: NAME: Rein Anhtony Galeos TELEPHONE: 619-685-2504 OWNER (or authorized agent): NAME: Tara Goldberg TELEPHONE: 858.259.8212 ext 105 Galeos, Rein Digitally signed by Gaieos, Rein AnthonyR ADDRESS: 535 N Highway 101 Ste A Solana Beach, CA 92075 SIGNED: A h R nt ony FOR MAPPING USE ONLY 0 URGENT REQUEST, REASON Date: 2017.11.0711:33:48-08'00' EMAIL: tgoldberg@plsaengineering.com OWNER'S TELEPHONE (If signed by agent): 0 STANDARD REQUEST For unrecorded subdidision map 0 HANDLE PS TIME PERMITS APN LOT PHASE APN LOT PHASE APN 205-221-01-00 1 205-221-02-00 2 205-221-03-00 3 205-221-04-00 4 205-221-05-00 5 205-221-06-00 6 205-221-07-00 7 205-221-08-00 8 205-221-09-00 9 205-221-10-00 10 ***ALL RECORDS HAVE BEEN END HERE*** LOT PHASE Disclaimer: The Tentative Assessment Parcel Number (TAPN) system assigns tentative parcel numbers to the LOT/PAR/UNIT as shown on new and still tentative unrecorded {Subdlmion, Parcel Map, & Condominium) maps/ptan. l'ht assignments are worked based on requests received bv the mapping division. No liability assumed for the accuracy of the data shown that can be change or transform by this division. lhe lentative Asses50r's Parcels may not comply with local subdivis10n or building ordinance. Page 1 of 1 NOV 2 0 2018 • Cl TA Preliminary Report Form (Rev. 11/06) ~ RrstAmericaa1ide File No.: NHSC-5438013 (06) Order Number: NHSC-5438013 (06) Page Number: 1 This report has been amended/updated to reflect the following matters: [ ] No changes made to the report other than the Effective Date [ ] Property address has been revised [ ] Vesting has been revised [ ] Legal Description has been revised [ ] Taxes have been updated [ X] Original item number(s) 1 have been removed [ X] New item number(s) 9a and 9p have been added [ X] Original item number(s) 2 have been revised [ X ] Other: Item No. 2 of Informational notes have been revised First American Title Brian Sullivan 3758 Highland Drive Car1sbad, CA 92008 Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Property: Order Number: NHSC-5438013 (06) Page Number: 2 FirstA.merican Title Updated (10/19/2018) First American Title Company 4380 La Jolla Village Dr, Suite 200 San Diego, CA 92122 Car1sbad Coastal Views NHSC-5438013 (06) Dianne Livingston · (858)410-1303 (714)913-6750 dslivingston@firstam.com APN 205-220-94 Carlsbad, CA PREUMINARY REPORT 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 desaibing 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 exduded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exdusions 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 dause, all arbltrable matters shall be arbitrated at the option of either the Company or the Insured as the exdusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of 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 excieptions shown or referred to below and the exceptions and exdusions set forth in Exhibit A of this report carefully. The exceptions and exdusions 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. Rrst American 77tle Order Number: NHSC-5438013 (06) Page Number: 3 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. Rrst American Title Dated as of October 12, 2018 at 7:30 A.M. Order Number: NHSC-5438013 (06) Page Number: 4 Toe form of Policy of title insurance contemplated by this report is: ALTA Ext Loan Policy 1056.06 (1) (2006)-N To Be Determined 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: CARLSBAD COASTAL VIEWS, LLC, A LIMITED LIABILITY COMPANY Toe estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. 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 Exdusions in said policy form would be as follows: 1. Intentionally Deleted 2. General and special taxes for the fiscal year 2018-2019, are unsegregated at this time. 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the califomia Revenue and Taxation Code. 4. Intentionally Deleted 5. Intentionally Deleted 6. Toe terms and provisions contained in the document entitled "Neighborhood Improvement Agreement'' recorded February 6, 2012 as Instrument No. 2012-67196 of Official Records. 7. Toe terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded February 6, 2012 as Instrument No. 2012-67206 of Official Records. 8. Toe terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded February 6, 2012 as Instrument No. 2012-67207 of Official Records. Rrst American Title 9. Intentionally Deleted Order Number: NHSC-5438013 (06) Page Number: 5 9a. A deed of trust to secure an original indebtedness of $5,700,000.00 recorded September 7, 2017 as Instrument No. 2017-0409158 of Official Records. Dated: August 15, 2017 Trustor: cartsbad Coastal Views, LLC, a Limited Liability Company Trustee: First American Title Company Beneficiary: capital Bank 9b. Covenants, conditions, restrictions and easements in the document recorded September 19, 2017 as Instrument No. 2017-0428359 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or applicable state law. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 9c. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded December 13, 2017 as Instrument No. 2017-0580780 of Official Records. 9d. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded December 13, 2017 as Instrument No. 2017-0580309 of Official Records. 9e. The terms and provisions contained in the document entitled "Qty of cartsbad Local Improvement District Agreement" recorded December 14, 2017 as Instrument No. 2017-0585697 of Official Records. 9f. The terms and provisions contained in the document entitled "Permantent Stormwater Quality Best Management Practice Maintenance Agreement" recorded December 14, 2017 as Instrument No. 2017-0585784 of Official Records. 9g. The condition that the property shall be used for the sole purpose of providing, construction and maintaining Affordable Housing, as more fully defined therein, and upon the terms, covenants and conditions in that certain document recorded March 21, 2018 as Instrument No. 2018-0111910 of Official Records. Note: A written consent or waiver may be necessary from the public agency for any sale or refinance. 9h. An easement shown or dedicated on the Map as referred to in the legal description For: Drainage and incidental purposes. Affects: Lots 3, 4, 9 and 10 9i. An easement shown or dedicated on the Map as referred to in the legal description For: General Utility and Access and incidental purposes. Rrst American Title Affects: Lots 1 through 8 and 10 Order Number: NHSC-5438013 (06) Page Number: 6 9j. An easement shown or dedicated on the Map as referred to in the legal description For: Private Storm Drain Maintenance and Access and incidental purposes. Affects: Lots 5 and 10 9k. An easement shown or dedicated on the Map as referred to in the legal description For: Sewer and Access and incidental purposes. Affects: Lot 10 91. An easement shown or dedicated on the Map as referred to in the legal description For: Private Storm Drain and incidental purposes. Affects: Lots 1 through 4 and 10 9m. An easement shown or dedicated on the Map as referred to in the legal description For: Private Pedestrian Aa:.ess and incidental purposes. Affects: Lots 1 through 8 9n. The following matters shown or disclosed by the filed or recorded map referred to in the legal description: A. BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERlY UNLESS THE APPROPRIATE AGENCY DETERMINES THAT SEWER AND WATER FACILITIES ARE AVAILABLE. B. NO STRUCTURE, FENCE, WALL, TREE, SHRUB, SIGN, OR OTHER OBJECT MAY BE PLACED OR PERMITTED TO ENCROACH WITHIN THE AREA IDENTIFIED AS A SIGHT DISTANCE CORRIDOR AS DEFINED BY CI1Y OF CARLSBAD ENGINEERING STANDARDS OR UNE-OF-SIGHT PER CALTRANS STANDARDS. C. THE OWNER OF THIS PROPERlY ON BEHALF OF ITSELF AND ALL OF ITS SUCCESSORS IN INTEREST HAS AGREED TO HOLD HARMLESS AND INDEMNIFY THE CI1Y OF CARLSBAD FROM ANY ACTION THAT MAY ARISE THROUGH ANY DIVERSION OF WATERS, THE ALTERATION OF THE NORMAL FLOW OF SURFACE WATERS OR DRAINAGE, OR THE CONCENTRATION OF SURFACE WATERS OR DRAINAGE FROM THE DRAINAGE SYSTEM OR OTHER IMPROVEMENTS IDENTIFIED IN THE CllY APPROVED DEVELOPMENT PLANS; OR BY THE DESIGN, CONSTRUCTION OR MAINTENANCE OF THE DRAINAGE SYSTEM OR OTHER IMPROVEMENTS IDENTIFIED IN THE CllY APPROVED DEVELOPMENT PLANS. D. THERE ARE NO PUBUC PARK OR RECREATIONAL FACILITIES TO BE LOCATED IN WHOLE OR IN PART WITHIN THIS SUBDIVISION. THE SUBDMDER IS THEREFORE OBUGATED TO PAY PARK-INUEU FEES IN ACCORDANCE WITH SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE AND HAS EITHER PAID ALL OF SAID PARK IN-UEU FEES OR AGREED TO PAY ALL OF SAID PARK-INUEU FEES IN ACCORDANCE WITH SECTION 20.16.070 OF THE CARLSBAD MUNICIPAL CODE. Rrst American Title Order Number: NHSC-5438013 (06) Page Number: 7 9o. The terms and provisions contained in the document entitled "Encroachment Agreement'' recorded June 11, 2018 as Instrument No. 2018-0282914 of Official Records. Affects: Portion of Lots 1 through 8 and 10 9p. An easement for Underground Facilities, Pipelines and Appurtenance and Communication facilities and incidental purposes, recorded July 20, 2018 as Instrument No. 2018-0296598 of Official Records. In Favor of: Affects: San Diego Gas & Electric Company, a corporation as described therein 10. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. 11. Water rights, daims or title to water, whether or not shown by the public records. 12. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: 13. With respect to car1sbad Coastal Views, LLC, a limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a califomia limited liability company, that a certified copy of its artides of organization (UC-1) and any certificate of correction (UC-11), certificate of amendment (UC-2), or restatement of artides of organization (UC-10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (UC-5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the artides of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require Rrst American Title Order Number: NHSC-5438013 (06) Page Number: 8 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration dause. 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 exdusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration dause 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. No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of title insurance but a report to facilitate the issuance of a policy of title insurance. For purposes of policy issuance, items (none) may be eliminated on the basis of an indemnity agreement or other agreement satisfactory to the Company as insurer. 2. General and special taxes and assessments for the fiscal year 2018-2019. Rrst Installment: $6,457.37, PAID Penalty: $0.00 Second Installment: $6,457.37, PAID Penalty: $0.00 Tax Rate Area: 09000 A. P. No.: 205-220-94-00 Affects: Toe land and other property. The map attached, if any, may or may not be a survey of the land depicted hereon. Rrst American expressly disdaims 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. Rrst American Title Order Number: NHSC-5438013 (06) Page Number: 9 LEGAL DESCRIPTION Real property in the City of carlsbad, County of San Diego, State of califomia, described as follows: LOTS 1 THROUGH 10 OF CITY OF CARLSBAD TRACT NO. 16-04, IN THE CITY OF CARLSBAD, COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16273, ALEO IN THE OFACE OF THE COUNlY RECORDER OF SAN DIEGO COUNlY, MAY 24, 2018. APN: 205-220-94-00 Rrst American Tltle i :t.. ~ ~ &)' :::i ~ ~ ... ll. "' E9 ® --""'-'ffl' --aclCIC-P'M&DIMtltlll !!: ::i-.l'4-'o.., -.,<,.,_cP~ 1=!\!iP~~r31 205-22 L SHT10F2 ..I} 1"rfi°°' E9 , ..... .,,_ 2tPM21Y14 MAP 14247 -MAONOLIA GARDENS TCT 1111 • 12 MAP 72T7. CARLSBAD TCT NO 71 • 4 MAP 1881 • THUM LANDS ROS 14228, 20306 IS ·- ... .,, 0 QI a. I.O CD CD -, zz C: C: 3 3 [[ .... z 0 :I: ~ I U'1 ~ ~ .... w ....... 0 (7\ ....., l NOTICE Order Number: NHSC-5438013 (06) Page Number: 11 Section 12413.1 of the califomia 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 after 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 after 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. Rrst American 77tle EXHIBIT A Order Number: NHSC-5438013 (06) Page Number: 12 LIST OF PRINTED EXCEPTIONS AND EXQ.USIONS (BY POUCY TYPE) CLTA STANDARD COVERAGE POUCY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly exduded 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 (induding but not limited to building or zoning laws, ordinances, or regulations) resbicting, 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 exduding 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 daims 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 daimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured daimant 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 daimant; ( 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 daimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceabllity 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 unenforceabllity of the lien of the insured mortgage, or daim 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 daim, 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 daims 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 COITect survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining daims; (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. Rrst American Tltle Order Number: NHSC-5438013 (06) Page Number: 13 CLTA/ALTA HOMEOWNER'S POUCYOFTITLE 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; d. improvements on the Land; e. land division; and f. environmental protection. This Exduslon 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 Exduslon 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, aUowed, 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; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exdusion 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. UMITATIONS 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 Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy 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 POUCY (06-17-06) EXCLUSIONS FROM COVERAGE Que Maxjmum DoHar Limit of UabilitY $10,000 $25,000 $25,000 $5,000 The following matters are expressly exduded 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: Rrst American Title - Order Number: NHSC-5438013 (06) Page Number: 14 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 Exdusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Ally governmental police power. This Exdusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exdusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Oaimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant and not disdosed in writing to the Company by the Insured Oaimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Oaimant; ( d) attaching or aeated 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 Oaimant 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 r/ 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 aedit protection or truth-in-lending law. 6. Any daim, by reason of the operation of federal bankruptcy, state insolvency, or similar aeditors' 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 aeated 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 ll(b). 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 also indude 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: [PARTI [The above policy form may be issued ID afford either Standard Coverage or Extended Coverage. In addition ID 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 daims 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 rl the land. 3. Easements, liens or encumbrances, or daims thereof, not shown by the Public Records. 4. Any enaoachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disdosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining daims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, daims or title ID 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.] PARTII 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 exduded 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: First American Title -- Order Number: NHSC-5438013 (06) Page Number: 15 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 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. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, enrumbrances, 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 Oaimant and not disdosed in writing to the Company by the Insured Claimant prior to the date the Insured Oaimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Oaimant; ( 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 Trt:le. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Trt:le 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. s. Any lien on the Trt:le 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 Trt:le 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 also indude 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 Exdusions 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 fads, 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 cl the Land. 3. Easements, liens or ena.1mbrances, or dalms thereof, not shown by the Public Records. 4. Any encroachment, enrumbrance, violation, variation, or adverse circumstance affecting the Trt:le that would be disclosed by an acrurate 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 POUCY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly exduded 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; Rrst American Title .. 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, 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 Exdusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) aeated, 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 Oaimant and not disdosed 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 Oaimant; ( d) attaching or aeated 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 Oaimant 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 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 modific.ations made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and aeated or attaching subsequent to Date of Policy. This Exdusion does not modify or limit the coverage provided in Covered Risk U(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 aeating 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. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Rrst American Title .. ~ I FirstA.mencaa ntle Privacy Information We Are Commlttled to Safeguarding~ Information In order to better seive your needs now and ii the future, we may ask you to provide us with c:el1aln Information. we undersland that you may be ooncemed about what we wl1 do with such information • partlcularty any personal or financial Information. We agree that you have a right to know how we wtH utilize the personal ilfonnation you provide to us. 11lererore, tXJgether with our subsldiar1es we have adopted this Prtvacy Policy to govern the use and handling d your personal lnfonnatlon. AppllcalJlllt, This Privacy Policy governs our use d the Information that you provide to us. It does not govern the manner In whid1 we may use Information we have obtained from any olher soun:e, such as ilfonnation obtained from a public reoonl or from another person or entity. Rrst Amerk:an has also adopted broader guidelines that govern our use d personal Information regardless d Its source. First Amerk:an cals these guideliles itS Fair Information Values. Types ollnfomlatlon Depending upon which dour seivtces you are utilizing, the typeS d nonpublic personal ilformation that we may collect indude: • Information we rea!lve from you on applications, forms and In olher oommunicatlons to us, whelller ii WIiing, In person, by telephone or any olher means; • Information about your transactions with us, ow affiliated companies, or olhers; and • Information we rea!lve from a oonsumer reporting agency. USe ol Jnlannatlon We request infonnatlon from you for ow own legitimate business purposes and not for the benefit d any nonafflliab!d patty. Therefore, we wit not release your Information to nonaffillated parties e,ccept: (1) as necessary for us to provide the product or service you have requesll!d d us; or (2) as pennllled by law. we may, however, store such infonnatlon lndellnib!ly, Including the period after which any custXJmer ~ has ceased. Sudl Information may be used for any lntanai pulJ)Ose, such as quality oontrol efforts or QI-analysjs. We may also proyide al d the typeS d nonpublic personal ilfom-. listed above to one or more d our affilab!d companies. Sudl affliated oompantes indude financial service prcwlders, such as title Insurers, property and casualty tnsurers, and trust and imlestment advisory compantes, or companies involved ii real estate servla!S, such as appraisal companies, home warranty companies and esoow companies. Furthennore, we may also proyide al the Information we cnlect. as desaibed above, to oompantes that perfonn ma,1<etlng services on ow behalf, on behalf d ow affillaled companies or to olher finandal institutionS with whom we or our afflliated oompantes have jOlnt ma,1<etlng agreements. -~ E-If you are oo longer ow QI-, ow Prtvacy Policy wtl continue to apply to you. Contldentiallty and 5ecurlty We wtl use ow best efforts to ensure that oo unauthorized parties have aca!SS to any d your Information. We reslriCt aca!SS to nonpublic personal tnfonnation about you to those indMduals and entiHeS who need to know that Information to proyide products or seivtces to you. We will use our best efforts to train and oversee ow employees and agents to ensure that your Information will be handled responsibly and In aa:ordanO! with this Prtvacy Pollcy and Rrst Amertcan's fair Information Values. We Qlrrently matntail physical, electronic, and procedural safeguards that amply with federal regulations to guard your nonpublic personal Information. lnfomlatlon Obtained 11ll'ough OUr Web Site First Amertcan Rnanclal Corporation Is sensltiw to pnvacy Issues on the lnbmet. we belielle It Is Important you know how we treat the Information about you we receille on the lnbmet. In general, you can visit First Amertcan or itS allllate;' Web 51115 on the World Wide Web wtlhout tellng us who you are or R!W5lling any Information about yourself. OUr Web seners collect the domain names, not the e-mail addresses, d visitors. This Information Is aggregabld to measure the number d visits, average tine spent on the sile, pages viewed and similar Information. Rrst Amertcan uses this Information to measure the use d our 5lle and to develop ideas to Improve the oonll!nt dour sle. There are tines, however, when we may need Information from you, such as your name and email address. When Information Is needed, we wtl use ow best efforts to let you know at the time d aJllettiorl how we wtl use the personal, Information. USuallv, the personal Information we collect Is used only by us to respond to your Inquiry, proa!SS an order or alow you to aca!SS ~ aa:ount/profile tnfonnation. If you choose to share any personal ilformation with us, we wtl only use It ii aax>rdana! with the polcles outlined above. llusillwltelatilN ..... First Amertcan Flnandal Corporation's 5lle and Its affillab!s' 5lles may oontatn links to other Web slles. Whle we try to link only to sties that share ow high standards and respect for pnvacy, we are not responsible for the ~ or the pnvacy praclioes empqed by olher slles. Caoldea Some d Rrst Amertcan's Web silEs may make use d "coolde" tedmology to measure 5lle adMty and to <ll5tomil!e Information to your personal tasleS. A coolde Is an element d data that a Web 5lle can send to your browser, which may then store the coolde on your hard diwe. fi:<tAm am uses stored cookies. The goal d this tedlnology Is to better serve you when wiling our -. Sil'le you ttme when you are here and to proyide you with a more meaningful and productive Web 5lle eqJl!fienCe. Falrlnl'araatiollValua i=--We oanstder oonsumer expectatiOl,s about their pnvacy ii al our businesses. We only offer products and seivtces that assure a favorable balance ~ oonsumer benellts and oonsumer pnvacy. Public: 11..-d We belielle that an open pubic reoord aeall5 significant value for soelely, enhances oonsumer choice and aealeS oansumer opportunity. We adM!ly support an open pubic reoonl and emphasale Its mportance and oonlJtJutlon to ow economy. USe we belielle we should beha.e responsibly when we use ilfonnatlon about a oonsumer ii ow business. We wtl obey the laws go,,erntng the ooleclion, use and dlssEminatlon ct data. Acturac:y We wll take reasonable steps to help assure the illXlllaC'f d the data we cnlect, use and disseminate. Where possible, we will take reasonable steps to oorrect tnaa:urate ilformation. When, as with the pubic reoonl, we cannot oorrect tnaa:urab! lnfonnation, we wtl take al reasonable steps to assist oonsumers ii identifying the souroe d the erroneous data so that the oonsumer can secure the required mrrections. Education we ~ to educal2 the users d our products and services, our employees and olhers In our indusby about the mportance d oonsumer pnvacy. We wtl ilslnld: our employees on our fair lnfonnation values and on the responsible oollectlon and use d data. We wll encourage olhers ii our industry to collect and use lnfonnation ii a responsible manner. 5ecurlty we wtl maintain appropnate fadllttes and system to protect against unautllorized aa:ess to and oonuptlon d the data we maintain. Fonn SO-PRIVACY (9/1/10) Page 1 of 1 Prtvacy Infonnation (2001-2010 Rrst American Financial Corporation)