HomeMy WebLinkAboutCDP 2019-0002; HILLSIDE RESIDENCE; Coastal Development Permit (CDP)r ..
~--~ ,;--------------------------------.:: _____________ _
{'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 (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
.·· Coastal Development Permit+ ~Minor D General Plan Amendment
0 Conditional Use Permit
0 Minor O Extension
D Day Care (Large)
0 Environmental Impact Assessment
D Habitat Management Permit
D Hillside Development Permit
D Minor
D Minor
0 Nonconforming Construction Permit
0 Planned Development Permit D Minor
D Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
D Site Development Plan
0 Special Use Permit
0 Minor
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance D Minor
~-------1
D Local Coastal Program Amendment
D Master Plan
0 Specific Plan
D Zone Change
□Amendment
□Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
0 Administrative D Minor D Major
Village Review Area Permits
D Review Permit
0 Administrative D Minor D Major
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.
ASSESSOR PARCEL NO(S):
LOCATION OF PROJECT:
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS}
FOR CITY USE ONLY
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
424'2 HlLLSf~l= DR!Vf;.. / ,
(_ J BLf 8 SQ TT~ (STREET ADDR~SS) ( b 3B SQ F, '
o u + G cST Hou E
3501 OQO ESTIMATED COMPLETION DATE NO\JE/41-BER ;;)..O I B
'Uf~\' , ·,> u -, 1..: .... 01'1
Development No. S')t,\f '2,c)\,9\_ -Q() \S Lead Case No.
P-1 Page 1 of 6 Revised 03/17
OWNER NAME (PLEASE PRINT)
INDIVIDUAL NAME '
(if applicable): 0ESSE s,111 TH
COMPANY NAME
(if applicable):
MAILINGADDRES~ ~D
~~:P:~::: ZIP < ; ~= -~:°b<j
EMAILADDRESS: JSARIDAD@}-\oL<DM
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS
SET FORTH HEREIN IS MY THORIZED REPRESENTATIVE FOR
PURPOSES OF THIS LIC N.
5-13-16
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
APPLICANT NAME
INDIVIDUAL NAME
(if applicable):
NAME
(PLEASE PRINT)
Ou2NER
MAILING ADDRESS: --------------CI TY, 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
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 PR RTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE ND AND BIND AN CCESS · IN INTEREST.
P-1 Page 2 of 6
JAN 2 9 2019
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 03/17
. (cicyof
Carlsbad
PROJECT DESCRIPTION
P-1(8)
De¥1efopmerrot Services
Planning Division
1635 Faraday Avenue
(760} 602-4610
www.carlsbadca.gov
PRoJEcTNAME: /\LEUJ Ho11.i1.E ltND Gt3Rr40E
APPLICANT NAME: t.2ES5£ \SM 1TH
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed proj~ct. 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: J AM P!<oPo 5 I /\lb To
BurL.D AN /~48 S~FT 2. SToR y HoM£
AT THE BACI-< OF THE LoT W 1TH
A1T ACHED &-A RAGE AND GUEST HeJt,<SE
Al3oVE GA~AGE, ( Gae SQ~)
I Al-So PROP05£ A COAJGR£Tc.
DRIVEWAY FRo/111 THE STREET To
THE HousE WITH 4 PARKIN& SPACES_.
I AM PRESE;VTLY CONT/<ACTIAJ<:Y
WITH £NGIN€ER.S ( 5o/L5 1 H'r1DROLOGY ·
5TofvtltwATER) To PLAN ACCtSS AcRo55
OR OVER STORMWATER BASIN#
P-1(8) Page 1 of 1 Revised 07/1 O
('·cicyof
Carlsbad
l!Jeiu~fopment Services
OISCLOSURE STATEMENT
P-1(A) RECEIVED
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov JAN 2 9 2019
LSBAD
P!..ANN!!'\C '.:I\ :s:C'.\:
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 ~my other county, city and county,
city muiiidpality, 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.)
PersonJESSE SM !TH Corp/Part~----"""----
Title O UJAJ£(?_ Title. ___ ___;:,.....,,...,'--------
Address:¥1:] Bec.J&H:ER RD Address_~'---~----
SM} 1\/\APC.OSCl;;J..doC/
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.)
Person 3t:5SE .SA1rr1-+
Title OWNE/3'
Address447 BolJC?HER RD
SA.Al MAI~CO 5 qX'JoCf
Corp/Part. ___________ _
Title_;:-v~-
Address / """-.. --------------
Page 1 of 2 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 ' -~:-----=---
Title _______ '7""-~---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 ~o If yes, please indicate person(s): __________ _
NOTE: Attach a~ditional sheets if necessary.
1 ormation is true and correct to the best of my kn
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 of2 Revised 07/10
c·cicyof
Carlsbad
PROJECT DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJEcTNAME: /VEuJ Ho1v1E t\.lVD 0tl&46E
APPLICANT NAME: JESSE ,SM 1TH
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: J AM P!<oPOS //\J& To
BUILD AN /~48 5~-FT 2. SToR y HoM'E
AT THE BACI< oF THE LoT W 1TH
ATI ACHeD &-A RAGE rlND GUE.ST Ht:;~SE
Al3ovE GARAGE, ( 639 Sq Ff)
:£ Al-So PP..e:>PoSE A CONCRETE
DRIVE.WAY F'RoM THE STREET To
THE Hoos£ WITH 4 PARKIN& SPACES,.
I AM PRESE/JTLY CO/vTPACTIAl(:r
WITH £NG/N£ER.S (So/LS, HVDRL>LoGY .
5TORAl(UJATER) To PLAN ACCtSS Acf-<055
OR OVER STORMWATER BASIN.
P-1 (B) Page 1 of 1 Revised 07/10
F,', . (__ Cicyof
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
Development Services
_ plc111_nirag O,ivi!ii~n _ ..
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov p .. 1 {C)
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):
D 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~ contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: 0£55£ SM ITf:t
. Address: 4 ;2.4(o -H / LL5 I D £
Phone Number:. ___________ _
PROPERTY OWNER
Name: JESSE >M 1Tt+
Address:.-'-. ________ _
Phone Number: _________ _
Address of Site:. _______ __:._ ___________________ _
Local Agency (City and County):. ______________________ _
Assessor's book, page, and parcel number:. __________________ _
Specify list(s):. ___________________________ ~
Regulatory Identification Number:. _____________________ _
Date of List:. ____________________________ _
Appl' an Signature/Date Property Owner Signature/Date
NO ftfAZARbous WASTE~
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 6f hazardous materials release sites.
P-1(C) Page 1 of2 Revised 02/13
-·"'I -------------·--------------------------
("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 FR:fi&E•~ed
at the same scale. (Use a scale no smaller than 1" = 40'.)
JAN 2 9 2019
I. GENERAL BACKGROUND
CITY OF CARLSBAD
PLANNING DIVISION
P-6
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 Re:1:ential Square Footage: I 8416 square feet x $ ____ /sq. ft. = $ _______ _
⇒ Residential Addition Square Footage:
______ square feet x $ ____ ./sq. ft. = $ ________ _
⇒ AnL..Ga~~e Squa. re Footage: =:i.s-u square feet X $ ___ -'/sq. ft. = $ ________ _
⇒ Residential Conversion Square Footage:
______ square feet x $ ____ /sq. ft. = $ ________ _
⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non-
Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse
uses.)
______ square feet x $ ______ /sq. ft. = $ __________ _
COST OF DEVELOPMENT ESTIMATE: $ 3 00 . VeJCJ )
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) D
C. Street address of proposed development
. 4J-4C, H(USIPE DR,U6
Page 1 of 6 Revised 05/17
0
D. Assessor's Parcel Number 6f proposed development
;;i._07-oa?---1, -oo
E. Development Description: -r
Briefly describe project: NE LU f::IOM E §/!AlftJ!l=
1 G4@ s~ FT +-£a s __ 6ABAf;E
F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices,
etc.) that surround the proposed development to the:
North: S (AJ{:zL£ FAM IL 1"'
South: ______ ,_< ______ ,_< ______________ _
East: ______ ,_, _______ '~' ______________ _
( ' ( West: ______ <" _____________________ _
G. Is project located within a 100-year flood plain? 0Yes 0No
11. PRESENT USE OF PROPERTY
A. Are there existing structures on the property? 0Yes ~o
If yes, please describe.
8. Will any existing structure be removed/demolished? D Yes ~o
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 Proposed Total
Building Coverage 0 sq. ft. /50;lsq. ft. sq. ft. l4
Landscaped Area sq. ft. l5a:>sq. ft. sq. ft. 14
Hardscape Area sq. ft. ;/_3 50sq. ft. sq. ft. d-~
Unimproved Area (Left Natural) sq. ft. bcx::>D sq. ft. sq. ft. so
P-6 Page 2 of6 Revised 05/17
%
%
%
%
P-6
8. Parking: Number of existing spaces 0
Number of new spaces proposed---"---
Existing/Proposed TOTAL: ~
Number of total spaces required _____ _
Number of covered spaces :l. (QA RA.Gf-
Number of uncovered spaces 4 DI< f VEC.UA '-(
Number of standard spaces
Number of compact spaces
Is tandem parking existing?
Is tandem parking proposed?
C. Grade Alteration:
Is any grading proposed? D Yes D No
If yes, please complete the following:
OYes#_gNo
~Yes #__d::__ D No
1. Amount of cut / 30 cu. yds.
2. Amount of fill 4 G O cu. yds.
·3. Maximum height of fill slope PREUM bf?A D P/AA J feet
4. Maximum height of cut slope .PB,E(....fM (?[2.A D Pl.AA J feet
. 5. Amount of import or export / M Po B, T 4t6 6 cu. yds. ' 6. Location of borrow or disposal site _V~/V _____ l<A~_l_(:)t<J-~/\)----______ _
Page 3 of6 Revised 05/17
C
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 arch.itect 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.
0d. 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
MINOR
COASTAL DEVELOPMENT PERMIT/ Development Services
SINGLE FAMILY RESIDENCE Planning Division 1635 Faraday Avenue
APPLICATION RECEIVED (760) 602-4610
P-6 www.carlsbadca.gov
019
-CITY OF CARLSBAD
A proposed project requiring application submittal must 1Je41o~I~ ~~VJ~b~~tmenr.
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
P-6
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 ResjQential Square Footage: 03~ square feet x $ ____ /sq. ft. = $ ________ _
⇒
⇒ Residential Addition Square Footage:
______ square feet x $ ____ /sq. ft. = $ ________ _
⇒ Any Garage Square Footage:
_______ square feet x $ ___ --'/sq. ft. = $ ________ _
⇒ Residential Conversion Square Footage:
______ square feet x $ ____ ./sq. ft. = $ ________ _
⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non-
Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse
uses.)
______ square feet x $ __ /sq. ft. = $ __________ _
COST OF DEVELOPMENT ESTIMATE:$ 5 0 (!)(!)eJ
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimate)~
, 2. A Coastal Development Permit ($60,000 or more cost estimate) D
C. Street address of proposed development
4J..Lf~ +-{ ILL.Sf DE DRtVE
Page 1 of 6 Revised 05/17
C 0
D. Assessor's Parcel Number 6f proposed development
E. Development Description:
Briefly describe project: ___ _,..(Qc......;3=--4.z$"""-_5........::.,Q.__ ....... F___,T'---_A:;..____D_U-'--__
F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices,
etc;) that surround the proposed development to the:
North: 5 JA)(DL£ FAM \LY
South: I r , (
-----------------------------East: ______ ,_( ________ ,_' ______________ _
West: ______ rr ________ ,_, _____________ _
G. Is project located within a 100-year flood plain? 0Yes 0No
II. PRESENT USE OF PROPERTY
A. Are there existing structures on the property? 0Yes ~o
If yes, please describe.
8. Will any existing structure be removed/demolished? D Yes ~o
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 Proposed Total
Building Coverage sq. ft. 036 sq. ft. sq. ft. 14
Landscaped Area sq. ft. t 5QJ sq. ft. sq. ft. I 4-
Hardscape Area sq. ft. ~35o sq.ft. sq. ft. ;)-;).__
%
%
%
Unimproved Area (Left Natural) sq. ft. boco sq.ft. sq. ft. 50 %
P-6 Page 2 of6 Revised 05/17
f
P-6
B. Parking: Number of existing spaces 0
Number of new spaces proposed ___ Q:,-='---
Existing/Proposed TOT AL: ~
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?
2 GARA<:£
4 Dr?r v£w.A Y
0Yes#_~o
~Yes#_2=._ONo
C. Grade Alteration:
Is any grading proposed? ~Yes ONo
If yes, please complete the following:
1. Amount of cut ______ .._1 _3~0-________ cu. yds.
2.
·3.
4.
5.
6.
Amount of fill 4 00 cu. yds.
Maximum height of fill slope Pf2,EUM 6(?Al) PL.AV feet
Maximum height of cut slope ___ 1 _f ____ 1_{ ___ 1_1 __ feet
Amount of import or export _---1l ........ M-"--'-.._R __ o"----L-(?-'---'-l __ 4-'-"6_._.0.___cu. yds.
Location of borrow or disposal site -~U...._._Al~-'~~-00~-L~N~------
Page 3 of6 Revised 05/17
C 0
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
Da. 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.
Os. 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
C. BUILDING ELEVATIONS AND FLOOR PLANS -Four (4) copies for a Minor Coastal
Development Permit and four (4) copies a Single Family Coastal Development Permit prepared
on 24" x 36" sheet(s). Each building el~vation and floor plan shall include the following
information:
01. Location and size of storage areas.
02. All buildings, structures, wall and/or fences, signs and exterior lights.
03. Existing and proposed construction.
04. Provide documentation demonstrating compliance with City Council Policy 44 -
Neighborhood Architectural Design Guidelines (if applicable).
05. Building Heights of all structures (top of roof and top of roof projections)
D. CONCEPTUAL LANDSCAPE PLANS -Five (5) copies of the site plan shall be submitted if
applicable. To determine if a landscape plan is required, consult Chapter 1-Applicability in the
Landscape Manual.
COLORED SITE PLAN AND ELEVATION PLAN -Not required with first submittal. It is the Applicant's
responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the
Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do
not mount exhibits.
II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS
□D. OE.
OF.
0G.
OH.
A completed Land Use Review Application Form.
Completed Coastal Development Permit Application.
Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with
Planning staff regarding Minor Coastal Development Permits and Single Family Coastal
Development Permits for any environmental review requirements.
Disclosure Statement.
Two (2) copies of the Preliminary Title Report (current within the last six (6) months).
Completed "Project Description/Explanation" sheet.
Two copies of a completed and signed "Storm Water Standards Questionnaire" (form E-34).
This form can be found on the City's website. (Distribute copy to L.and Development
Engineering).
If, when completing the Storm Water Standards Questionnaire, the project is subject to
"Standard Project," requirements, submit a completed and signed "Standard Project
Requirement Checklist" (form E-36) in accordance with the City BMP Design Manual per the
City of Carlsbad Engineering Standards, latest version.
If, when completing the Storm Water Standards Questionnaire, the project is defined as a
"Priority Development Project," submit a preliminary Storm Water Quality Management Plan
(SWQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad
Engineering Standards, latest version. Refer to the city's SWQMP template (form E-35).
Property Owner's List and Addressed Labels:
Single Family Residence
' 1. A typewritten list of the names and addresses of all property owners within a 600' radius of the
P-6
subject property (including the applicant and/or owner), all occupants within a 100' radius of the
subject property, and the applicable Homeowners Association (HOA). The list shall include the San
Diego County Assessor's parcel number from the latest assessment rolls.
Page 5 of6 Revised 05/17
C 0
2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject
property, all occupants within a 100' radius and the applicable HOA. The list must be typed in all
CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family
residence, an apartment, suite or building number must be included on a separate line. DO NOT
include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON
LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts
are:
Arial 10, Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as follows:
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave., Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave.
Apt. #3
Carlsbad, CA 92008
ACCEPTABLE
MRS. JANE SMITH
APT3
123 MAGNOLIA AVE
CARLSBAD CA 92008
3. 600' Radius Map: A map to scale not less than 1 "=200' showing each lot within 600' of exterior
boundaries of the subject property. Each of these lots shall be consecutively numbered and
correspond with the property owners list. The scale of the map may be reduced to a scale
acceptable to the City Planner if the required scale is impractical.
Note: When the application is tentatively scheduled to be heard by the decision making body, the
project planner will contact the applicant and advise him to submit the radius map, two sets of the
property owners list and labels. The applicant shall be required to sign a statement certifying I that the information provided represents the latest equalized assessment rolls from the San
Diego County Assessor's Office. The project will not go forward until this information is received.
Minor Coastal Development Permit
1. 100' Radius Owners and Occupants/Address List and Labels (for coastal zone/CDPs only):
P-6
One ( 1) list of the owners and occupants/addresses located within a 100' radius of the project site;
and two (2) sets of mailing labels of the addresses within a 100' radius.
Sample labels are as follows:
UNACCEPTABLE
Occupant
123 Magnolia Ave., Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave., Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Occupant
123 Magnolia Ave.
Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave.
Apt. #3
Carlsbad, CA 92008
Page 6 of6
ACCEPTABLE
OCCUPANT
APT3
123 MAGNOLIA AVE
CARLSBAD CA 92008
ACCEPTABLE
MRS. JANE SMITH
APT3
123 MAGNOLIA AVE
CARLSBAD CA 92008
Revised 05/17
.....
STORM WATER STANDARDS
QUESTIONNAIRE
n,-vefo121_;ent Service.-;
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
E-34
I INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects, the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices· (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project. Depending on the
outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City
staff has responsibility for making the final assessment after submission of the development application. If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as Incomplete. In this case, please
make the changes to the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond lo one or more of the
questions. please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application. Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
PROJECT INFORMATION
PROJECT NAME: )~ !Tl\ ~WOl::Nl-6 ~ /-tn.r..r,oe 1)12_ lf.\P£W~ll-{6Vf<; PROJECT ID: PD 21J1i-tJ~ls
ADDRESS: '-{2,4(g HILLS1oe-'[)(l_ 9Z(JOi APN: '20t -oii-n ( f /0 i IZ)
The project is (check one): I¼! New Development D Redevelopment
The total proposed disturbed area Is: q/.&OD ft2 ( D :i 1-) acres
The total proposed newly created and/or replaced impervious area is: 0,~00 ft2 ( 0,/ll ) acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID SWQMP#:
Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your
application to the city.
E-34 Page 1 of 4 REV 02/16
STEP 1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ ~ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my
project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
STEP2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; D Rl b) Designed and constructed to be hydraulically disconnected from paved streets or roads;
c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets Quidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ I& accordance with the USEPA Green Streets guidance?
3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? D !Bl__
If you answered "yes" to one or more of the above questions, provide discussion{justification below, then go to Step 5, mark
the second box stating "my project is EXEMPT from PDP ... " and complete applicant information.
Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 ol 4 REV 04/17
STEP3
TO.BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)):
YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ ~
and public development projects on public or pn'vate land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ ~ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or private land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is
a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ ~
refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project? A hillside !81 p
development oroiect includes development on any natural slope that is twenty-five percent or greater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is 121 □ a land area or facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious street, road, highway, freeway or driveway surface collectively over the entire project ~ □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the
transportation of automobiles, tmcks, motorcycles, and other vehicles.
7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ ~
200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).*
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ i¼l shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.
9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ r8l. RGO's that meet the following criten'a: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADT) of 100 or more vehicles per day.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ ~ and are expected to generate pollutants post construction?
11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC D ~
21 .203.040)
If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment
project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... "
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the
second box statinq "Mv project is a 'STANDARD PROJECT' .. .'' and complete aoolicant information.
E-34 Page 3 of 4 REV 04/17
STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50% of the surface area of the previously existing development? Complete the percent
impervious calculation below:
Existing impervious area (A) = ___________ sq. ft.
Total proposed newly created or replaced impervious area (B) = ___________ sq.ft.
Percent impervious area created or replaced (B/A)""100 = _____ %
□ □
If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete
applicant information.
If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the
check the first box statin "M ro·ect is a PDP ... "and com lete a licant information.
STEPS
CHECK THE APPROPRIATE BOX ANO COMPLETE APPLICANT INFORMATION
!8l My project Is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
0 My project Is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project
Requirement Checklist Form E-36' and incorporate low impact development strategies throughout rny project.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
D My Project is NOT a 'development project' and is not subject to the requirements of the BM P Manual.
Applicant Information and Signature Box
Applicant Title: __ Ou __ w_e-tL _________ _
2 -7 --i Q Date: __ ....,c;:6.~~------+-;---------
• Environmentally Sensitive Area cl e but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special
Biological Significance by the State ater Resources Control Board (Water Quality Control Plan for the San Diego Basin {1994) and amendments): water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and
amendments); areas designated as preserves or their equiva!ent under the Multi Species Conservation Program within the Cities and County of San Diego: Habitat
Management Plan; an<! any other equivalent environmentally sensitive areas which have been identified by the City.
This Box for c· u o ,ty se nlv
YES NO
City Concurrence: □ □
By:
FEB O 7 2019 Date:
Project ID: . --
EERI
E-34 Page 4 of 4 REV 04/17
. '.
(_ City of
Carlsbad
STANDARD PROJECT
REQUIREMENT
CHECKLIST
E-36
Project Information
Project Name: Smith Residential & HILLSIDE DR IMPROVEMENTS
Project ID: PD2018-0013
DWG No. or Building Permit No.: 512-6A
Source Control BMPs
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See
Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to
implement source control BMPs shown in this checklist.
Answer each category below pursuant to the following .
• "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the
Model BMP Design Manual. Discussion/justification is not required.
• "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be
provided. Please add attachments if more space is needed.
• "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is
addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be
provided.
Source Control Requirement Applied?
SC-1 Prevention of Illicit Discharges into the MS4 Iii Yes 0 No 0 NIA
Discussion/justification if SC-1 not implemented:
SC-2 Storm Drain Stenciling or Signage Iii Yes O No 0 NIA
Discussion/justification if SC-2 not implemented:
SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind □Yes 0 No Iii NIA Dispersal
Discussion/justification if SC-3 not implemented:
No outdoor material storage areas are proposed.
E-36 Page 1 of 4 Revised 09/16
Source Control Requirement (continued) Applied?
SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and D Yes D No Iii NIA Wind Dispersal
Discussion/justification if SC-4 not implemented:
No outdoor work areas are proposed.
SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal □ Yes D No Iii N/A
Discussion/justification if SC-5 not implemented:
No trash storage areas areas are proposed.
SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and
identify additional BMPs. (See Table in Aooendix E.1 of BMP Manual for guidance).
Iii On-site storm drain inlets !ii Yes D No D N/A
□ Interior floor drains and elevator shaft sump pumps □ Yes □ No Iii NIA
□ Interior parking garages □ Yes □ No Iii N/A
□ Need for future indoor & structural pest control □Yes □ No Iii N/A
ii Landscape/Outdoor Pesticide Use ii Yes □ No □ N/A
□ Pools, spas, ponds, decorative fountains, and other water features □Yes 0 No ii N/A
□Foodservice □Yes □ No ii NIA
□ Refuse areas □ Yes □ No ii N/A
□ Industrial processes □ Yes □ No fil NIA
□ Outdoor storage of equipment or materials □Yes □ No ii NIA
□ Vehicle and Equipment Cleaning □ Yes □ No ii N/A
□ Vehicle/Equipment Repair and Maintenance □ Yes □ No ii N/A
□ Fuel Dispensing Areas □ Yes □ No ii N/A
□ Loading Docks □ Yes □ No fil N/A
□ Fire Sprinkler Test Water □ Yes □ No ii N/A
□ Miscellaneous Drain or Wash Water □Yes □ No ii NIA
□ Plazas, sidewalks, and parkinq lots □ Yes □ No ii N/A
For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers.
Mark all inlets with the words "No Dumping! Flows to Bay" or similar. Maintain and periodically repaint or replace inlet
markings. Provide storm water pollution prevention information to new site owners, lessees, or operators. Include the
following in lease agreements: "Tenant shall not allow anyone to discharge anything to storm drains or to store or deposit
materials so as to create a potential discharge to storm drains."
Preserve existing drought tolerant trees, shrubs, and ground cover to the maximum extent possible. Design landscaping to
minimize irrigation and runoff, to promote surface infiltration where appropriate, and to minimize the use of fertilizers and
pesticides that can contribute to storm water pollution. Where landscaped areas are used to retain or detain storm water,
specify plants that are tolerant of periodic saturated soil conditions. Maintain landscaping using minimum or no pesticides.
Provide 1PM information to new owners, lessees and operators.
E-36 Page 2 of 4 Revised 09/16
Site Design BMPs
All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See
Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information
to implement site design BMPs shown in this checklist.
Answer each category below pursuant to the following.
• "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of
the Model BMP Design Manual. Discussion/ justification is not required.
• "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be
provided. Please add attachments if more space is needed.
• "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is
addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be
provided.
Site Design Requirement I Applied?
SD-1 Maintain Natural DrainaQe Pathways and HydroloQic Features I Iii Yes I 0 No I □ N/A
Discussion/justification if SD-1 not implemented:
SD-2 Conserve Natural Areas, Soils, and Vegetation I Iii Yes I 0 No I □ N/A
Discussion/justification if SD-2 not implemented:
SD-3 Minimize Impervious Area I Iii Yes I 0 No I □ N/A
Discussion/justification if SD-3 not implemented:
SD-4 Minimize Soil Compaction I Iii Yes I 0 No I □ N/A
Discussion/justification if SD-4 not implemented:
SD-5 Impervious Area Dispersion I Iii Yes I 0 No IO NIA
Discussion/justification if SD-5 not implemented:
E-36 Page 3 of 4 Revised 09/16
Site Desian Requirement (continued) I Applied?
SD-6 Runoff Collection I □ Yes I □ No I fil NIA
Discussion/justification if SD-6 not implemented:
SD-7 Landscaping with Native or Drought Tolerant Species I fil Yes I □ No IO NIA
Discussion/justification if SD-7 not implemented:
SD-8 Harvesting and Using Precipitation I □ Yes I □ No I fil N/A
Discussion/justification if SD-8 not implemented:
FEB O 7 2019
LA 'ELOPMENT
..... 1
1
_;,, ~[RI. ,..:J
E-36 Page 4 of 4 Revised 09/16
fi!1 CORINTHIAN
TITLE COMPANY
5030 Camino De La Siesta #100
San Diego, CA 92108 • (619) 299-4800
California Department of Insurance License No. 5128-4
as Agent for Old Republic National Title Insurance Company
CORINTHIAN TITLE & ESCROW ORDER NO.: 100422-PD
5030 CAMINO DE LA SIESTA, STE 100
SAN DIEGO, CA 92108
ATTN:
PROPERTY: VACANT LAND, , CA
PRELIMINARY REPORT
In response to the above referenced application for a Policy of TWe Insurance, Corinthian Title Company,
Inc. 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 referenced to
as an Exception on Schedule B 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 Title Insurance which
establish a Deductible Amount and a Maximum Dollar Limits 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 thereto) 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.
Dated as of January 17, 2019 at 7:30am
Title Officer:
Title Officer Phone:
Title Officer Fax:
Title Officer Email:
ORDER NUMBER:
Petra Doering
619-2 99-4800
619-872-9333
TeamPetra@corinthiantitle.com
100422-PD
Corinthian Title Company, Inc.
Corinthian Title Company, Inc.
ORDER NO.: 100422-PD
PRELIMINARY REPORT
The form of Policy of Title Insurance contemplated by this report is:
CL TA Standard Coverage Policy -1990
ALTA Extended Loan Policy (6-17-06)
SCHEDULE A
0 PRELIMINARY REPORT
The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
JESSE F. SMITH, AN UNMARRIED MAN, subject to Item No. 7 of Schedule B.
2
Corinthian Title Company, Inc.
ORDER NO.: 100422-PD
EXHIBIT A
LEGAL DESCRIPTION
PRELIMINARY REPORT
The land referred to herein below is situated in the County of SAN DIEGO, State of CALIFORNIA, and is
described as follows:
THOSE PORTIONS OF LOTS 18 AND 19 IN BLOCK "G" OF BELLAVISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 19, SAID POINT BEING ALSO THE
SOUTHWESTERLY CORNER OF LOT 15 IN SAID BLOCK "G" OF SAID BELLAVISTA; THENCE ALONG THE
SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 15 SOUTH 24° 58' 50" EAST 52.32
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY PROLONGATION
SOUTH 24° 58' 50" EAST 52.32 FEET; THENCE SOUTH 58° 49' 13" WEST 161.47 FEET TO A POINT ON THE
EASTERLY LINE OF HILLSIDE DRIVE AS SAID HILLSIDE DRIVE IS SHOWN ON SAID MAP NO. 2152; THENCE ALONG
SAID EASTERLY LINE NORTH 40° 20' WEST 76.14 FEET TO A POINT IN A LINE WHICH BEARS SOUTH 66° 10' 55"
WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 66° 10' 55" EAST 180.72 FEET TO THE TRUE POINT
OF BEGINNING.
Assessor's Parcel Number: 207-022-11-00
3
Corinthian Title Company, Inc.
ORDER NO.: 100422-PD
I""""
'-'
SCHEDULE B
0 PRELIMINARY REPORT
At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in
said policy or policies would be as follows:
Taxes:
A. General and Special City and/or County taxes, including any personal property taxes and any
assessments collected with taxes, for the fiscal year 2018-2019:
1st Installment:
1st Penalty:
2nd Installment:
Land:
Improvements:
Exemption:
Code Area:
Assessment No.:
$223.26 DELINQUENT
$22.32
$223.26 OPEN
.$36,893.00
$0.00
$0.00 HOMEOWNERS
09000
207-022-11-00
B. Supplemental taxes for the fiscal year 2018 issued pursuant to the prov1s1ons of Chapter 3.5
(commencing with Section 75) of the Revenue and Taxation Code of the State California:
Code Area:
Parcel No.:
1st Installment:
2nd Installment:
09000
889-410-98-48
$904.20 PAID
$904.20 OPEN
C. IF TAXES ARE POSTED PAID WITHIN 30 DAYS OF CLOSING, UNLESS PAID BY IMPOUND, PROOF OF CLEARED
FUNDS WILL BE REQUIRED OR THE TAX AMOUNT PLUS ANY PENALTIES WILL BE HELD FOR 30 DAYS PAST
THE POSTED DATE.
D. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(commencing with Section 75) of the Revenue and Taxation Code of the State of California.
Exceptions:
1. Water rights, claims or title to water in or under said land, whether or not shown by the public
records.
2. THE RECITAL CONTAINED IN THE OWNER'S CERTIFICATE ON THE MAP OF SAID TRACT, WHICH AGREES TO
ALLOW THE CROSS-ARMS OF POLES OR OTHER SIMILAR STRUCTURES PLACED ALONG THE RIGHT OF WAY
OR CERTAIN HIGHWAYS ON SAID MAP TO OVERHANG THE ABUTTING PROPERTY.
3. Covenants, Conditions, and Restrictions as set forth in instrument recorded IN BOOK 32, PAGE 461 OF
OFFICIAL RECORDS, but omitting any covenant, condition or restriction, if any, based on race, color,
religion, sex, handicap, familial status, or national origin, sexual orientation, marital status, ancestry,
disability or source of income unless and only to the extent that the covenant, condition or restriction
(a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not
discriminate against handicapped persons.
4
Corinthian Title Company, Inc.
ORDER NO.: 100422-PD
SCHEDULE B
(CONTINUED)
PRELIMINARY REPORT
Note: Section 12956.1 of the Government Code provides the following: If this document contains any
restrictions based on race, color, religion, sex, familial status, marital status, disability, national
origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any person
holding an interest in this property may request that the county recorder remove the restrictive
language pursuant to subdivision (c) of Section 12956.1 of the Government Code.
Said Covenants, Conditions, and Restrictions provide that a violation thereof shall not defeat or render
invalid the lien of any mortgage or deed of trust made in good faith and for value.
4. An easement for the purpose shown below and rights incidental thereto as reserved in a document
reserved by NOT SET OUT, for the purpose of TELEPHONE ANCHOR AND/OR ELECTRIC POLES AND LINES
AND FOR SEWER, WATER AND/OR GAS MAINE AND PIPE LINES AND INCIDENTAL PURPOSES , recorded
September 17, 1945 IN BOOK 1925, PAGE 423 OF OFFICIAL RECORDS, which affects THE EXACT
LOCATION OF THE EASEMENT IS NOT DISCLOSED OF RECORD.
5. An easement for the purpose shown below and rights incidental thereto as set forth in a document to
CITY OF CARLSBAD, A MUNICIPAL CORPORATION as grantee, for the purpose of DRAINAGE AND
SEWERAGE PURPOSES, recorded May 17, 1982 AS INSTRUMENT NO. 1982-146678 OF OFFICIAL RECORDS,
affects A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT .
6. THE EFFECT OF A TEMPORARY GRADING EASEMENT GRANT DEED
Recorded: April 26, 2005 AS INSTRUMENT NO. 2005-347468 OF OFFICIAL RECORDS
Reference is made to said document for full particulars.
7. The requirement that this Company be furnished with a notarized affidavit re: uninsured deed in a
form acceptable to this Company, along with a Statement of Information from the grantors named
below, prior to issuing any policy of title insurance.
Dated:
Grantor:
Grantee:
Recorded:
06/09/2018
JOHN CARLSON
JESSE F. SMITH, AN UNMARRIED MAN
June 22, 2018 AS INSTRUMENT NO. 2018-0255938 OF OFFICIAL
RECORDS
8. We find no open Deeds of Trust or Mortgage of record. Please verify with the property owner
whether or not we have overlooked something and advise the Title Department, prior to Closing.
Corinthian Title will require the attached "Affidavit of No Mortgage or Deed of Trust" to be
completed by property owners and submitted to Title prior to the closing of this Transaction.
5
Corinthian Title Company, Inc.
ORDER NO.: 100422-PD
SCHEDULE B
(CONTINUED)
0 PRELIMINARY REPORT
9. We will require a Statement of Information from the parties named below in order to complete this
report, based on the effect of documents, proceedings, liens, decrees, or other matter which do not
specifically describe said land, but which, if any do exist, may affect the title or impose liens or
encumbrances thereon.
Parties: JESSE F. SMITH
(Note: The Statement of Information is necessary to complete the search and examination of title
under this order. Any title search includes matters that are indexed by name only, and having a
completed Statement of Information assists the Company in the elimination of certain matters which
appear to involve the parties but in fact another party with the same or similar name. Be assured that
the Statement of Information is essential and will be kept strictly confidential to this file).
FAILURE TO PROVIDE THE STATEMENT(S) OF INFORMATION IN A TIMELY MANNER MAY DELAY THE
CLOSING OF THIS TRANSACTION.
10. We will require a Statement of Information from the parties named below in order to complete this
report, based on the effect of documents, proceedings, liens, decrees, or other matter which do not
specifically describe said land, but which, if any do exist, may affect the title or impose liens or
encumbrances thereon.
Parties: JOHN CARLSON (PRIOR)
(Note: The Statement of Information is necessary to complete the search and examination of title
under this order. Any title search includes matters that are indexed by name only, and having a
completed Statement of Information assists the Company in the elimination of certain matters which
appear to involve the parties but in fact another party with the same or similar name. Be assured that
the Statement of Information is essential and will be kept strictly confidential to this file).
FAILURE TO PROVIDE THE STATEMENT(S) OF INFORMATION IN A TIMELY MANNER MAY DELAY THE
CLOSING OF THIS TRANSACTION.
11. We will require a Statement of Information from the parties named below in order to complete this
report, based on the effect of documents, proceedings, liens, decrees, or other matter which do not
specifically describe said land, but which, if any do exist, may affect the title or impose liens or
encumbrances thereon.
Parties: BUYERS
(Note: The Statement of Information is necessary to complete the search and examination of title
under this order. Any title search includes matters that are indexed by name only, and having a
completed Statement of Information assists the Company in the elimination of certain matters which
appear to involve the parties but in fact another party with the same or similar name. Be assured that
the Statement of Information is essential and will be kept strictly confidential to this file).
FAILURE TO PROVIDE THE STATEMENT(S) OF INFORMATION IN A TIMELY MANNER MAY DELAY THE
CLOSING OF THIS TRANSACTION.
END OF EXCEPTIONS
Typist Initials: JL
6
Corinthian Title Company, Inc.
ORDER NO.: 100422-PD
NOTES AND REQUIREMENTS
PRELIMINARY REPORT
1. If the contemplated Insured (Buyer) to be named in Schedule A of the policy is not a natural
person, an "ALTA Homeowner's Policy of Title Insurance" will NOT be available for issuance and a
"CL TA Standard Coverage Policy" may be issued. A natural person is a human being, not a
commercial or legal organization or entity. Natural person includes a trustee of a trust, even if the
trustee is not a human being. Contact the Corinthian Title Company title officer named on this
Preliminary Title Report with any questions.
2. None of the items in this report will cause the Company to decline to attach CLTA Endorsement Form
100 to an ALTA Loan Policy, when issued.
3. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement
Form 116 indicating that there is located on said land a VACANT LOT known as VACANT LAND, ,
CALIFORNIA to an extended coverage policy.
4. The only conveyances affecting said land, which as shown in the public records within 24 months of
the date of this report are GRANT DEED , JOHN CARLSON, as Grantor and JESSE F. SMITH, AN
UNMARRIED MAN , as Grantee, recorded June 22, 2018 AS INSTRUMENT NO. 2018-0255938 OF OFFICIAL
RECORDS.
5. NOTE: The policy of title insurance will include an arbitration provision. The Company or the insured
may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or
claim between the Company and the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy provision or other obligation. Please
ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the
arbitration provisions and any other provisions pertaining to your Title Insurance coverage.
6. NOTE: Amended Civil Code Section 2941, which becomes effective on January 1, 2002, sets the fee for
the processing and recordation of the reconveyance of each Deed of Trust being paid off through this
transaction at $45.00. The reconveyance fee must be clearly set forth in the Beneficiary's Payoff
Demand Statement ("Demand"). In addition, an assignment or authorized release of that fee, from the
Beneficiary to the Trustee of record, must be included. An example of the required language is as
follows:
'The Beneficiary identified above hereby assigns, releases or transfers to the Trustee of record, the
sum of $45.00, included herein as 'Reconveyance Fees·, for the processing and recordation of the
Reconveyance of the Deed of Trust securing the indebtedness covered hereby, and the escrow company
or title company processing this pay-off is authorized to deduct the Reconveyance Fee from this
Demand and forward said fee to the Trustee of record or the successor Trustee under the Trust Deed to
be paid off in full."
In the event that the reconveyance fee and the assignment, release or transfer thereof are not
included within the demand statement, then Corinthian Title Company, Inc. may decline to process the
reconveyance and will be forced to return all documentation directly to the Beneficiary for compliance
with the requirements of the revised statute.
7. If a county recorder, title insurance company, escrow company, real estate broker, real estate agent
or association provides a copy of a declaration, governing document or deed to any person, California
law requires that the document provided shall include a statement regarding any unlawful restrictions.
Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any
document provided or included as a cover page attached to the requested document. Should a party to
this transaction request a copy of any document reported herein that fits this category, the statement
is to be included in the manner described.
7
Corinthian Title Company, Inc.
ORDER NO.: 100422-PD
NOTES AND REQUIREMENTS
(CONTINUED)
END OF NOTES AND REQUIREMENTS
8
0 PRELIMINARY REPORT
Corinthian Title Company, Inc.
ORDER NO.: 100422-PD
Corinthian Title Company, Inc.
Privacy Policy Notice
PURPOSE OF THIS NOTICE
PRELIMINARY REPORT
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through
its affiliates, from sharing nonpublic personal information about you with nonaffiliated third parties unless the
institution provides you with a notice of its privacy policies and practices, such as the type of information that
it collects about you and categories of persons or entities to whom it may be disclosed. In compliance with the
GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of
Corinthian Title Company, Inc..
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate agent or
lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our
affiliates or to nonaffiliated third parties permitted by law.
We also may disclose this information about our customers or former customers to the following types of
nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing
agreements:
• Financial service providers such as companies engaged in banking, consumer finance, securities and
insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE
THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard your nonpublic personal information.
Notice of Available Discounts
Old Republic National Title Insurance Company is pleased to inform you that upon proper qualification, there
are premium discounts available upon the purchase of title insurance covering improved property with a one-
to-four family dwelling.
Such discounts apply to and include:
Property being refinanced.Please talk to your escrow or title officer to determine your qualification for any of
these discounts.
Privacy Notice and Notice of Available Discounts
EXHl5rA: LIST OF PRINTED EXCEPTIONS AND EX9.SIONS
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which arise by reason of:
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 to (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 1
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, which are 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.
List of Printed Exceptions and Exclusions
..... . . .._,,,,
EXHIBIT A: LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or
damage, costs, attorneys' fees, or expenses that arise by reason of:
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 1 (a) does not
modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered
Risk 6.
2. Rights 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, 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 Title for real estate taxes or assessments imposed by governmental authority and created or attaching
between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does
not modify or limit the coverage provided under Covered Risk 11 (b ).
List of Printed Exceptions and Exclusions
C
EXHIBIT "A"
LEGAL DESCRIPTION
0
The land referred to herein is situated in the State of CALIFORNIA, County of SAN DIEGO, and described as
follows:
THOSE PORTIONS OF LOTS 18 AND 19 IN BLOCK "G" OF BELLAVISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 19, SAID POINT BEING ALSO THE
SOUTHWESTERLY CORNER OF LOT 15 IN SAID BLOCK "G" OF SAID BELLAVISTA; THENCE ALONG THE
SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 15 SOUTH 24° 58' 50" EAST 52.32
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY PROLONGATION
SOUTH 24° 58' 50" EAST 52.32 FEET; THENCE SOUTH 58° 49' 13" WEST 161.47 FEET TO A POINT ON THE
EASTERLY LINE OF HILLSIDE DRIVE AS SAID HILLSIDE DRIVE IS SHOWN ON SAID MAP NO. 2152; THENCE ALONG
SAID EASTERLY LINE NORTH 40° 20' WEST 76.14 FEET TO A POINT IN A LINE WHICH BEARS SOUTH 66° 10' 55"
WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 66° 10' 55" EAST 180.72 FEET TO THE TRUE POINT
OF BEGINNING.
Assessor's Parcel Number: 207-022-11-00
p
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~ SAN DIEGO COUNTY ASSESSOR'S MAP BOO!( 207 PAGE 02
s:1•,11_·.~fl.<.
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12 ~.@13 ~-@ ~ ~ ~~ -::,
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~
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS
ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS
MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES.
~ 207-02 --==\ z
1"=100'
SHT 2
POR LOTI
,!i "R
I• OPEN SPACE
MAP 11086 -CARLSBAD TCT NO 82-19 MAP 10890 -CARLSBAD TCT NO 80-14 MAP 7737 -CARLSBAD TCT 72-15 MAP 6242 -PARK MANOR UNIT NO 1
MAP 5054 -HOLIDAY MANOR -POR
MAP 2152 -BELLAVISTA
MAP 823 -RANCHO AGUA HEDIONDA
ROS 17189,18170
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RECORDING REQUESTED BY:
(~{)
(/ \
~OC# 2018-0255938
111111111111 lllll 111111111111111 lllll lllll lllll 11111111111111111111111
1\1\A( L TAX: lXQ.JMEA.rrs To :
When Recorded Mail Document To:
Jesse F. Smith
3Q4 3QS Peters Dfiwr
~,.. Ocea, ;side, 01' 9205:4'" -
44 7 BoobH t.R RD
SAN MARCOS CALd
q2oro9
Jun 22, 2018 04:44 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $327.50 (SB2 Atkins: $75.00)
PCOR: YES
PAGES: 2
APN: 207-022-11-00 SPACEABOVETI-IIS LNE FOR RECORDER'S USE
GRANT DEED
The undersigned grantor(s) declare(s) Documentary transfer tax is $225.50
Iii computed on full value of property com.eyed, or
D computed on full value less value of liens or encumbrances remaining at time of sale,
Iii The property is located in the City of Car1sbad
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
John Car1son
hereby GRANT($) to
Jesse F. Smith, an unmanied man
the following described real property:
THOSE PORTIONS OF LOTS 18 AND 19 IN BLOCK "G" OF BEUJWISTA, IN THE CllY OF CARLSBAD, COUNlY OF
SAN DIEGO, STA TE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE
COUNlY RECORDER OF SAN DIEGO COUNlY, MARCH 7, 1929, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 19, SAID POINT BEING ALSO THE
SOUTHWESTERLY CORNER OF LOT 15 IN SAID BLOCK "G" OF SAID BELLAVISTA; THENCE ALONG THE
SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 15 SOUTH 24° 58' 50" EAST 52.32
FEET TO THE lRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY PROLONGATION
SOUTH 24° 58' 50" EAST 52.32 FEET; THENCE SOUTH 58° 49' 13" WEST 161.47 FEET TO A POINT ON THE EASTERLY
LINE OF HILLSIDE DRIVE AS SAID HILLSIDE DRIVE IS SHOWN ON SAID MAP NO. 2152; THENCE ALONG SAID
EASTERLY LINE NORTH 40" 20' WEST 76.14 FEET TO A POINT IN A LINE WHICH BEARS SOUTH 66° 10' 55" WEST
FROM THE lRUE POINT OF BEGINNING; THENCE NORTH 66° 10' 55" EAST 180. 72 FEET TO 11-IE lRUE POINT OF
BEGINNING.
Dated_l,d/_q_/1_8 --
~ /\&;;e-, ~ Johnartson
see
attachment
APN: 207-022-11-00
A notary public or other officer completing this certificate
verifies only the identity of the indhAdual who signed the
document to which this certificate is attached, and not
the truthfulness. accuracv or validitv of that document.
State of California ~
County of ~ _J}t,:y
On ~Mo,.~ '2,o1j before me, :Riv\" .4w l) · , Notary Public,
personally appeared .:Jo\.in Co-r Uon
_______ ____, __________ who prowd to me on the basis of satisfactory e\i_sfence to be the
person") whose nam~ is/~ subscribed to the within instrument and acknowledged to me that helsl)iitp6y executed the
same in hist'}6(rlt.A€ir authorized capacity~, and that by his/h,ef/t~r signature~ on the instrument the person(s), or the
entity upon beha\f of which the person~ acted, executed the instniment.
I certify under PENAL lY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
Witness my hand and official seal.
Signature :itr \'{5/,.,,;, {Seal)
FAZIL YALCI~ .
Notary Public -Cahforma f
San Diego County
Commission# 2210273
My Comm. Expires Aug 17, 2021
NOTE
MARCH 19, 2018
[Date}
SAN DIEGO, CALIFORNIA
1. BORROWER'S PROMISE TO PAY
[City] [State]
4246 HILLSIDE DRIVE
CARLSBAD, CA 94509
APN # 207-022-11-00 [Property Address]
In return for a Joan that I have received, I promise to pay U.S. $
"Principal"), plus interest, to the order of the Lender. The Lender is
185,000.00 (thls amount is called
JOHN CARLSON . I will make
all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I wilJ pay interest at a yearly
rate of 5. 000 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)
of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every year I will make my annual payment on 1st OF MARCH
each year beginning on MARCH 19, 2019.
I will make these payments every year for 3 years with the remainder of the principal and any other charges
described below that I may owe under thls Note. Each annual payment will be applied as of its scheduled due date and will be
applied to the Principal. If, on MARCH 19, 2022 , I still owe amounts under this Note, I will
pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at
77 5 MAPLE AVENUE · or at a different place if required by the Note Holder.
SAN MARCOS, CA 92069
(B) Amount of Monthly Payments N/ A
My monthly payment will be waived In lieu of annual payments in the amount of U.S. $20,000. 00
Made on 3/19/2019, 3/19/2020 and 3/19/2021. Maturity date Is 3/19/2022.
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as
a "Prepayment." When I make a Prepayment, I will tell the Note Holder in w1iting that I am doing so. I may not designate a
payment as a Prepayment If I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment
to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount
of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment
unless the Note Holder agrees in writing to those changes.
Loan No: 556041725
MULTISTATB FIXED RATB NOTB « Single Family« Fannio Mae/Freddio Mac UNIFORM INSTRUMENT Form 3200 1/01
DRAW.0101.MX.CVL.FIX.NOTE.l.WPF (0I0IDOCS\NOTES\CVLIMXFF3200.FIX) (page I of3 pages)
5. LOAN CHARGES
Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected In connection with this loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from
me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated
as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY.AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5. 000 % of my
overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
{B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by
a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time wben I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated In Section 3(A) above or at a different address if I am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made
in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note
is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, Is also obligated to keep all of the promises made In this Note. The Note Holder may enforce its rights
under this Note against each person individually or against all of us together. This means that any one of us may be required to
pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
Loan No:
MULTISTATB FIXBD RATE NOTE« Single Family• Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
DRAW.0101.MX.CVL.FIX.NOTE.2.WPF (0I0IDOCS\NOTES\CVL\MXFF3200.FIX)
556041725
Form 3200 1/01
(page 2 of 3 pages)
10. UNIFORM SECURED NOTE
This Note is a unifonn instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as
this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full
of all amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide
a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further
notice or demand on Borrower.
TNESS THE HAN
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
[Sign Original Only]
MERS Phone: 1-888-679-637711
Loan No: 556041725
MULTISTATB FIXED RATB NOTB « Single Family « · Fannie Mac/Preddic Mac UNIFORM INSTRUMENT Form 3200 1/01
DRAW.0101.MX.CVL.FIX.NOTE.3.WPF (0IOIDOCS\NOTES\CVLIMXFF3200.FIX) (page 3 of3 pages)
Recording Requested By:
John Carlson
775 Maple Avenue San
Marcos, CA 92069
760-420-7216
After Recording Mail To:
John Carlson
775 Maple Avenue
San Marcos, CA 92069
760-420-7216
Loan No: · 556041725
(Space Above Thts Lme For Recordmg Data]
Assessor's Identification No: 20 7-02 2-11-00
DEED OF TRUST
MIN: N/A
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11,
13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in
Section 16.
(A) "Security Instrument" means this document, which is dated MAR CH 19, 2018
together with all Riders to this document. .
(B) "Borrower" is Jesse F. Smith, a single man, sole and
separate.
Borrower's address is 4246 HILLSIDE DRIVE, CARLSBAD, CA 92008
Assessor's Identification No: 20 7-02 2-11-00
Borrower is the trustor under this Security Instrument.
(C) "Lender" is John Carlson
Lender is a INDIVIDUAL
Lender's address is
organized and existing under the laws of CALIFORNIA
775 Maple Avenue, San Marcos, CA 92069
(D) "Trustee" is JOHN CARLSON-775 MAPLE AVENUE, SAN MARCOS, CA 92069
Loan No: 556041725
CALIFORNIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3005
ORA W.MERS.CA.CVL.DT.1. WPF (0IOIDOCS\DEEDS\CVL\CA_MERS.CVL)
1/01
(page 1 of 14 pages)
(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely
as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security
Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number
of P. 0. Box 2026, Flint, Michigan 48501-2026, tel. (888) 679-MERS.
(F) "Note" means the promissory note signed by Borrower and dated MAR CH 1 9, _] 018
The Note states that Borrower owes Lender
ONE HUNDRED EIGHTY-FIVE THOUSAND and NO/100-----Dollars
(U.S. $ 185,000. 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than MARCH 1 9 , 2 0 2 2
{G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due
under the Note, and all sums due under this Security Instrument, plus interest.
(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are
to be executed by Borrower [check box as applicable]:
] Adjustable Rate Rider
] Balloon Rider
] V. A. Rider
] Condominium Rider
] Planned Unit Development Rider
] Biweekly Payment Rider
] Second Home Rider
] 1-4 Family Rider
] Other(s) [specify]
(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial
opinions.
(K.) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges
that are imposed on Borrower or the Property by a condominium association, homeowners association or similar
organization.
(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft,
or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or
magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
(M) "Escrow Items" means those items that are described in Section 3.
(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any
third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or
destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance
in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the
Property.
(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note,
plus (ii) any amounts under Section 3 of this Security Instrument.
(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional
or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument,
"RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage
loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESP A.
(R.) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that
party has assumed Borrower's obligations under the Note and/or this Security Instrument.
Loan No: 556041725
CALIFORNIA--Single Famlly--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MBRS Form 3005
DRAW .MERS.CA.CVL.DT.2. WPF (0101DOCS\DEEDS\CVL\CA_MERS.CVL)
1/01
(page 2 of 14 pages)
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrument is MERS (solely as a nominee for Lender and Lender's successors and
assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment
of the Loan, and all renewals, extensions and modifications of the Note; and (ii)the performance of Borrower's
covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably
grants and conveys to Trustee, in trust, with power of sale, the following described property located in the C
ounty of SAN DIEGO
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF.
which currently has the address of 424 6 HILLSIDE DRIVE
CARLSBAD [City], California 92008
[Street]
[Zip Code] ("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this
Security Instrument; but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's
successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right
to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing
and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right
to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants
with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges
and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3.
Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check
or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender
unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument
be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified
check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution
whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may
return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current.
Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any
rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is
Loan No: 556041725
CALIFORNIA--Single Family--Fannie Mac/Freddie Mac UNIFORM INSTRUMENT with MBRS Form 3005
DRAW.MERS.CA.CVL.DT.3.WPF (0l0lDOCS\DEEDS\CVL\CA_MERS.CVL)
1/01
(page 3 of 14 pages)
not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied
as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapp
lied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within 30 days,
Lender shall either apply such funds or return them to Borrower. If not applied earlier, such fundswill be applied
to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which B
orrower might have now or in the future against Lender shall relieve Borrower from making paymentsdue under
the Note and this Security Instrument or performing the covenants and agreements secured by thisSecurity Ins
trument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic
Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second
to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If
more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the
repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that
any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess
may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges
and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note
shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and
assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the
Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance
required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by
Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of
Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan,
Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower,
and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices
of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender
waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing.
In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow
Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender
receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make
such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained
in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated
to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under
Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any
time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all
Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under
RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of
expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or
entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESP A. Lender
Loan No: 556041725
CALIFORNIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MBRS Form 3005
DRAW.MERS.CA.CVL.DT.4.WPF (0l0lDOCS\DEEDS\CVL\CA_MERS.CVL)
1/01
(page 4 of 14 pages)
shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,
Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree
in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an
annual accounting of the Funds as required by RESP A.
If there is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower
for the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defined under
RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount
necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there
is a deficiency of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by
RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with
RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the
Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items
are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:
(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only
so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against
enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the
lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the
holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender
determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument,
Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given,
Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards
including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be
maintained in the amounts {including deductible levels) and for the periods that Lender requires. What Lender
requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender's right to disapprov~ Borrower's choice,
which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan,
either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time
charge for flood zone determination and certification services and subsequent charges each time remappings or
similar changes occur which reasonably might affect such determination or certification. Borrower shall also be
responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with
the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,
at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount
of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's
equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater
or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage
so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts
disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security
Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,
with such interest, upon notice from Lender to Borrower requesting payment.
Loan No: 556041725
CALIFORNIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MBRS Form 3005
DRAW.MERS.CA.CVL.DT.5.WPF (0I0IDOCS\DEEDS\CVL\CA_MERS.CVL)
1/01
(page 5 of 14 pages)
All insurance policies required by Lender and renewals of such policies sha11 be subject to Lender's right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as
an additional loss payee and Borrower further agrees to generally assign rights to insurance proceeds to the holder
of the Note up to the amount of the outstanding loan balance. Lender shall have the right to hold the policies and
renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any fonn of insurance coverage, not otherwise required by Lender, for damage
to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee and Borrower further agrees to generally assign rights to insurance
proceeds to the holder of the Note up to the amount of the outstanding loan balance.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make
proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any
insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration
or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender
has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement
is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,
retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower.
If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,
if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the
notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby
assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund
of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights
are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore
the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in
writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are
beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,
damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not
Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from
deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair
or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further
deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking
of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released
proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or
in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not
sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion
of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable
cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at
the time of or prior to such an interior inspection specifying such reasonable cause.
Loan No: 556041725
CALIFORNIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MBRS Form 300S
DRAW.MERS.CA.CVL.DT.6.WPF (0I0IDOCS\DEEDS\CVL\CA_MERS.CVL)
1/01
(page 6 of 14 pages)
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent
gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender
with material information) in connection with the Loan. Material representations include, but are not limited to,
representations concerning Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal
proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security
Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien
which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has
abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's
interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value
of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to:
(a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and
(c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security
Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not
limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off.
Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty
or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under
this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by
this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall
be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to
the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously
provided such insurance and Borrower was required to make separately designated payments toward the premiums
for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to
the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the
Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially
equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of
the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will
accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss
reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid jn full, and Lender shall
not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided
by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated
payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of
making the Loan and Borrower was required to make separately designated payments toward the premiums for
Mortgage Insurance,. Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to
provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with
any written agreement between Borrower and Lender providing for such termination or until termination is required
by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in
the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur
if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Loan No: 556041725
CALIFORNIA--Single Family--Fannic Mae/Freddie Mac UNIFORM INSTRUMENf with MERS Form 300S
DRAW.MERS.CA.CVL.DT.7.WPF (0101DOCS\DEEDS\CVL\CA_MERS.CVL)
1/01
(page 7 of 14 pages)
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter
into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms
and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements.
These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage
insurer may have available (which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other
entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or
might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or
modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender
takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is
often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe
for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has • if any • with respect to the Mortgage
Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right
to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the
Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance
premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned
to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such
repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had
an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided
that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single
disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay
Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically
feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured
by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous
Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall
be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid
to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the
amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss
in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall
be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount
of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market
value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid
to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the
sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender
otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party
(as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond
to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the
Loan No: 556041725
CALIFORNIA--Single Famlly--Fannie Mac/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3005
DRAW.MERS.CA.CVL.DT.8.WPF (0IOIDOCS\DEEDS\CVL\CA_MERS.CVL)
1/01
(page 8 of 14 pages)
Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security
Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous
Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property
or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred,
reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in
Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the
Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are
attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in
the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment
or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or
any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in
Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of
Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this
Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of
Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's
acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than
the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this
Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only
to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument;
(b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and
any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms
of this Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's
rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and
liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and
agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and
assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's
default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,
including, but not limited to, attorneys'fees, property inspection and valuation fees. In regard to any other fees, the
absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed
as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this
Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that
the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted
limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted
limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to
Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making
a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment
without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's
acceptance of any such refund made by direct payment to Borrower will constitute a waiver ·of any right of action
Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be
in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given
Loan No: 556041725
CALIFORNIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3005
DRAW.MERS.CA.CVL.DT.9.WPF (0lOlDOCS\DEEDS\CVL\CA_MERS.CVL)
1/01
(page 9 of 14 pages)
to Borrower when mailed by frrst class mail or when actually delivered to Borrower's notice address if sent by other
means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice
address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender
specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of
address through that specified procedure. There may be only one designated notice address under this Security
Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail
to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice
in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received
by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable
Law requirement will satisfy the corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by
federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in
this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might
explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be
construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security
Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security
Instrument or the Note which can be given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding
neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice
versa; and (c) the word "may" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest .in. Borrower. As used in this Section 18, "Interest
in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent
of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide
a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall
have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)
five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b ) such
other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of
a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which
then would be due under this Security Instrument and the Note as if no acceleration had occurred; (h) cures any
default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument,
including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees
incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument;
and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses
in one or more of the following forms, as selected by Lender: (a) cash; (h) money order; (c) certified check, bank
check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits
are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by
Loan No: 556041725
CALIFORNIA--Single Family--Fannic Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3005 1/01
DRAW.MERS.CA.CVL.DT.10.WPF (0l0lDOCS\DEEDS\CVL\CA_MERS.CVL) {page 10 of 14 pages)
Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration
had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note
(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale
might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the
Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this
Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated
to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change
which will state the name and address of the new Loan Servicer, the address to which payments should be made
and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold
and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan
servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer
and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual
litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or
that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security
Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with
the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after
the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse
before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph.
The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of
acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take
corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:
gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental
protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as
defmed in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute
to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor
allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which
creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance,
creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to
the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally
recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not
limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other
action by any governmental or regulatory agency or private party involving the Property and any Hazardous
Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition,
including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous
Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely
affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority,
or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
Loan No: 556041725
CALIFORNIA--Single Family--Fannie Mar/Freddie Mac UNIFORM INSTRUMENT with MBRS Form 3005 1/01
DRAW.MERS.CA.CVL.DT.11.WPF (0l0lDOCS\DEEDS\CVL\CA_MERS.CVL) (page 11 of 14 pages)
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the
action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to
Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date
specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of
the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the
right to bring a court action to assert the non-existence of a default or any other defense of Borrower to
acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its
option may require immediate payment in full of all sums secured by this Security Instrument without further
demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall
be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including,
but not limited to, reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice
of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee
shall cause this notice to be recorded in each county in which any part of the Property is located. Lender or
Trustee shall mail copies of the notice as prescribed by Applicable Law to Borrower and to the other persons
prescribed by Applicable Law. Trustee shall give public notice of sale to the persons and in the manner
prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on
Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the
terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee
may postpone sale of all or any parcel of the Property by public announcement at the time and place of any
p.rev.iously scneduled sale. Lender or its designee .may pu.rcnase the P.roperty at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or
warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth
of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all
expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums
secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.
23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request
Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured
by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or
persons legally entitled to it. Lender may charge such person or persons a reasonable fee for reconveying the
Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of
the fee is permitted under Applicable Law. If the fee charged does not exceed the fee set by Applicable Law, the
fee is conclusively presumed to be reasonable.
24. Substitute Trustee. Lender, at its option, may from time to time appoint a successor trustee to any
Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the office of
the Recorder of the county in which the Property is located. The instrument shall contain the name of the original
Lender, Trustee and Borrower, the book and page where this Security Instrument is recorded and the name and
address of the successor trustee. Without conveyance of the Property, the successor trustee shall succeed to all the
title, powers and duties conferred upon the Trustee herein and by Applicable Law. This procedure for substitution
of trustee shall govern to the exclusion of all other provisions for substitution.
25. Statement of Obligation Fee. Lender may collect a fee not to exceed the maximum amount permitted
by Applicable Law for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of
California.
Loan No: 556041725
CALIFORNIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MBRS Form 3005 1/01
DRAW.MERS.CA.CVL.DT.12.WPF (0lOlDOCS\DEEDS\CVL\CA_MERS.CVL) (page 12 of 14 pages)
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any Rider executed by Borrower and recorded with it.
The undersigned Borrower requests that a copy of any Notice of Default and any Notice of
Sale under this Security Instrument be mailed to the Borrower at the address set forth
above.
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
see
attachment
Loan No: 556041725
CALIFORNIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3005 1/01
DRAW.MERS.CA.CVL.DT.13.WPF (0101DOCS\DEEDS\CVL\CA_MERS.CVL) (page 13 of 14 pages)
A notary pub.lie 01'. other officer completing this certificate verifies only the identity of the .individual w.ho
signed the document to which this certificate is attached, and not the truthfu1ness, accuracy, or validity of
that document.
STATE OF CALIFORNIA
County of
On sh,., I ,i
)
)
(date)
personally appeared
before me, =Fe.tu' \.{Ci.luv), V\o~
'\' r.-.. (Name & pre of the Officer)
-J<!:.-$Se.__ *vt)\"C-\ 'S Sl/V\t~
' (Name(s) of Signer(s))
who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/a¢ subscribed to the
within instrument and acknowledged to me that he/¥e/tpefy executed the same in his/4ilr/th,efr authorized
capacity(jesf, and that by his/ber/tl}efr signature~ on the instrument the person~ or the entity upon behalf of which
the person~ acted, executed the instrument.
~············~ FAZIL VALCIN
:@:···--::_·,.. Notary Public -California z . z i _ ·" :· · San Diego County ::
· ·. Commission# 2210273
My Comm. Expires Aug 17, 2021
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature of Notary Public
Commission Number: 2.:2..( 02 7 3 --'-,,--'---''-'--''-'-=--------
My Commission Expires: Auf 171 ::i..o-u
OP110NAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent
reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _
Number of Pages: ___ Signer(s) Other than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _ Signer's Name: ____________ _
Corporate Officer -Title{s); ________ _ Corporate Officer -Title{s); ________ _
[_] Partner --[_) Limited [_] General [_] Partner --Ll Limited [_] General
[_) Individual [_] Attorney in Fact [_] Individual [_] Attorney in Fact
[_] Trustee [_] Guardian or Conservator [_] Trustee [_) Guardian or Conservator
[_) Other: _____________ _ [_) Other: ____________ _
Signer is Representing: _________ _ Signer is Representing: __________ _
Loan No: 556041725
CALIFORNIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3005 1/01
DRAW.MERS.CA.CVL.DT.14.WPF (0l0lDOCS\DEEDS\CVL\CA_MERS.CVL) (page 14 of 14 pages)