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HomeMy WebLinkAboutCDP 2019-0003; 3745 ADAMS STREET DEMOLITION; Coastal Development Permit (CDP),__ ,i-....., ____________ _, ---------------1-------------- Ccityof 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 0 Coastal Development Permit 0 Conditional Use Permit 0 Minor O Extension 0 Day Care (Large) 0 Minor 0 Environmental Impact Assessment 0 Habitat Management Permit D Minor D Hillside Development Permit O Minor 0 Nonconforming Construction Permit □ Planned Development Permit 0 Minor 0 Residential 0 Non-Residential □ Planning Commission Determination □ Reasonable Accommodation □ Site Development Plan 0 Minor □ Special Use Permit □ Tentative Parcel Map (Minor Subdivision) □ T-entatlve Tract Map (Major Subdivision) □ Variance 0 Minor Legislative Permits ~--1",'"'br__,.~-, --------1 0 General Plan Amendment 0 Local Coastal Program Amendment D Master Plan 0 Specific Plan D Zone Change □Amendment □Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative O Minor O Major VIiiage Review Area Permits 0 Review Permit 0 Administrative O Minor O Major (FOR DEPT. USE ONLY) B NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. 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 205-270-13 37 45 Adams Street, Carlsbad CA 92008 (STREET ADDRESS) 37 45 Adams Street Demolition Demolition of existing structures on the property $43,615.00 ESTIMATED COMPLETION DATE TBD Development No1' e \/~ l q --co\ q Lead Case No. P-1 Page 1 of6 Revised 03/17 OWNER NAME (PLEASE PRINT) INDIVIDUAL NAME (if applicable): Dennis Gimian -------------CO MP ANY NAME (if applicable): The Ricky and Chico Trust, Goldenwest Capital LLC Trustee MAILING ADDRESS: PO Box 10537 CITY, STATE, ZIP: Newport Beach, CA 92018 TELEPHONE: 760.433.9008 EMAIL ADDRESS: Dennisg2@cox.net 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 F RTH HEREIN I MY AUTHORIZED REPRESENTATIVE FOR B O S OF THIS AP ICAtlON. • 1,--5-/f DATE APPLICANTS REPRESENTATIVE (Print): Patrick Zabrocki APPLICANT NAME INDIVIDUAL NAME (if applicable): COMPANY NAME (PLEASE PRINT) Dennis Gimian (if applicable): The Ricky and Chico Trust, Goldenwest Capital LLC Trustee MAILING ADDRESS: PO Box 10537 CITY, STATE, ZIP: Newport Beach, CA 92018 TELEPHONE: 760.433.9008 EMAIL ADDRESS: Dennisg2@cox.net 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 KNOWL GE. z-t;"✓/lj DATE -----------------------------MA I LING ADDRESS: 2888 Loker Avenue East, Suite 217 CITY, STATE, ZIP: Carlsbad CA 92010 -----------------------------------TELEPHONE: 760-929-2288 -----------------------------------EM A IL ADDRESS: pzabrocki@hwt-pe.com 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 TITL Td HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH T AND BIND AN SUCCESSORS IN INTEREST. ~ FOR CITY USE ONLY P-1 Page 2 of6 FEB O 7 2019 c,rv OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED Revised 03/17 SOURCES: Google Earth, October, 2019; Howes, Weiler, Landy, January, 2019. ® Site Boundary Note: Not to scale. HVtiL HOWESIWEJLERILANDY PUNNING & EHGINEl!RING EXHIBIT 1-SITE LOCATION MAP 3745 Adams Street Demolition Project \ 11_ ------------ {·city of Carlsbad MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov P-6 A proposed project requiring application submittal must be submitted by appointment*. Please contact the appointment specialist at (760) 602-2723 to schedule an appointment. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40' .) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. ⇒ ⇒ ⇒ ⇒ ⇒ New Residential Square Footage: 0 0 square feet x $ /sq. ft.=$ Residential Addition Square Footage: 0 square feet x $ 0 /sq. ft.=$ Any Garage Square Footage: 0 0 square feet x $ /sq. ft.=$ Residential Conversion Square 0 Footage square feet x $ 0 /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.) ___ o ____ square feet x $_0_/sq. ft. = $ __ 0 ________ _ COST OF DEVELOPMENT ESTIMATE: $ __ a _________ _ 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 3745 Adams Street P-6 Page 1 of6 Revised 05/17 0 D. Assessor's Parcel Number of proposed development 205-270-13 E. Development Description: Briefly describe project: Demolition of an existing residential structure located at 3745 Adams Street, Carlsbad CA 92008. Demolition would be restricted to the structure and landscaping immediately surrounding the building. The building pad would be restored to site elevation and all utilities would be appropriately ceased and capped. F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North:. ____________________________ _ South:. ____________________________ _ East: ____________________________ _ West: ____________________________ _ G. Is project located within a 100-year flood plain? D Yes ~ No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? D Yes D No If yes, please describe. One single family structure is located on the site. It is two stories and is currently vacant. B. Will any existing structure be removed/demolished? ~ Yes D No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Please see the project description above. Ill. LOT COVERAGE A. Existing and Proposed Existing Proposed Total Building Coverage 3,188 sq. ft. 0 sq. ft. 0 sq. ft. 6.6 Landscaped Area 42,253.2sq. ft. 0 sq. ft. 0 sq. ft. 93.4 Hardscape Area 0 sq. ft. 0 sq. ft. 0 sq. ft. 0 0 sq. ft. 0 sq. ft. 0 0 Unimproved Area (Left Natural) sq. ft. P-6 Page 2 of6 Revised 05/17 % % % % P-6 B. Parking: Number of existing spaces 0 Number of new spaces proposed __ o ____ _ Existing/Proposed TOTAL: __ o _____ _ Number of total spaces required __ o ____ _ Number of covered spaces O Number of uncovered spaces __ O _____ _ Number of standard spaces O Number of compact spaces O Is tandem parking existing? Is tandem parking proposed? 0Yes# __ ~No 0Yes# __ ~No C. Grade Alteration: Is any grading proposed? D Yes ~ No If yes, please complete the following: 1. Amount of cut __________________ cu. yds. 2. 3. 4. 5. 6. Amount of fill ___________________ cu. yds. Maximum height of fill slope feet Maximum height of cut slope feet Amount of import or export cu. yds. Location of borrow or disposal site _______________ _ Page 3 of6 Revised 05/17 The following materials shall be submitted for each single family residence/minor coastal development permit application. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right hand corner of plan visible.) P-6 A. SITE PLAN -Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Coastal Development Permit on 24" x 36" sheet(s). Five (5) copies if landscape review is required. Each site plan shall contain the following information: 1. GENERAL INFORMATION 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. 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 of6 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 elevation 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. 11. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS □A. OB. oc. OD. OE. OF. OG. OH. 01. OJ. 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 Land 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 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. P-6 Page 5 of 6 Revised 05/17 C 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 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 {cicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 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 (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 Dennis Gimian Corp/Part The Ricky and Chico Trust, Goldenwest Capital LLC Trustee Title ___________ _ Title _____________ _ Address PO Box 10537 Address Newport Beach, CA 92018 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Dennis Gimian Corp/Part The Ricky and Chico Trust, Goldenwest Capital LLC Trustee Title ___________ _ Title -------------- Address _________ _ Address PO Box 10537 Newport Beach, CA 92018 Page 1 of 2 Revised 07/10 0 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust.________ Non Profit/Trust _________ _ Title ------------Title _____________ _ Address ----------Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes l ✓I No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. bove information is true and correct to t=ikno l~~ge. ,r-,,...,.:=..~~...;;...........-.:;;..._2-_" tJ'_~ 19 5-~-1~ 2 Signature of applican date jA(I!) !l/ t 5 G1 /J7 I If Ai Print or type name of owner Print or type name of applicant le/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 (cicyof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: 37 45 Adams Street Demolition APPLICANT NAME: Dennis Gimian Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Please see attached project description. P-1(B) Page 1 of 1 Revised 07/10 PROJECT SITE C P-1 {B) Project Description 3745 Adams Street Demolition Project February 2019 The proposed project site is located at 3745 Adams Street in the City of Carlsbad (Exhibit 1 -Site Location Map) between Magnolia Avenue to the north and Tamarack Avenue to the south. The 0.97- acre (gross) site (APN 205-270-13) contains one single-family residence that is approximately 31188 square feet (sf). The project site has a General Plan Land Use Designation of Residential (R-41 0-4 du/ac) and a Zoning Designation of One Family Residential (R-1). Single family uses are located to the north, east, and south of the project site, the New Song Church is located to the west and the Saint Patrick Catholic Church is to the south of the project site. The landscaping and the existing residential structure have not been maintained over the long period of time. The property is overgrown with non-native vegetation typically associated with residential uses. The house is boarded and in disrepair. PROPOSED ACTION Due to the dilapidated state of the existing residential building, the proposed project is the demolition of the structure and the leveling of the building pad. There is no proposed grading that would required export or import of fill. All utilities will be terminated and capped as required and in conjunction with the utility companies. The location of utilities are shown on the site plan included with the application package. This application is for the approval of a Minor Coastal Development Permit because although there is no development being proposed, the project site is located within the coastal zone. C_cicyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): Ii] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application .![! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Dennis Gimian -The Ricky and Chico Trust, Name: Goldenwest Capital LLC Trustee Address: PO Box 10537 Newport Beach, CA 92018 Phone Number: 760.433.9008 Address of Site: 37 45 Adams Street PROPERTY OWNER Dennis Gimian -The Ricky and Chico Name: Trust, Goldenwest Capital LLC Trustee Address: PO Box 10537 Newport Beach, CA 92018 Phone Number: 760.433.9008 Local Agency (City and County):_C_i_ty_o_f_C_a_r_ls_b_a_d ______________ _ Assessor's book, page, and parcel number:_2_0_5_-_2_7_0_-_1 _3 _____________ _ Specify list(s):_N_A __________________________ _ Regulatory Identification Number:_N_A _____________________ _ Date of List: NA ------------------------,,--------- The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 02/13 C Per the California Environmental Protection Agency's website, 'While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/CorteseList/default.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://geotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ca.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm P-1(C) Page 2 of2 Revised 02/13 {cicyof Carlsbad EIA INFORMATION FORM P-1(0) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1(D) Page 1 of 4 Revised 07/10 Date Filed: 02107119 0 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) (To be completed by City) Application Number(s): ________________________ _ General Information 1. Name of project: 37 45 Adams Street Demolition 2. Name of developer or project sponsor: _D_e_n_n_is_G_i_m_ia_n __________ _ Address: P.O. Box 10537 City, state, Zip Code: Newport Beach, CA 92018 Phone Number: 760-433-9008 3. Name of person to be contacted concerning this project: Patrick Zabrocki Address: 2888 Loker Avenue East, #217 City, state, Zip Code: Carlsbad, CA 92010 Phone Number: 760-929-2288 4. Address of Project: 37 45 Adams Street Assessor's Parcel Number: 205-270-13-00 --------------------- 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: NA 6. Existing General Plan Land Use Designation: _R_-4 ______________ _ 7. Existing zoning district: _R_-_1 ____________________ _ 8. Existing land use(s): _R_e_s_id_e_n_t_ia_l _________________ _ 9. Proposed use of site (Project for which this form is filed}: _R_e_s_id_e_n_t_ia_l ______ _ Project Description 10. Site size: 0.97 Net Acres 11. Proposed Building square footage: _0 __________________ _ 12: Number of floors of construction: _0 __________________ _ 13. Amount of off-street parking provided: _0 _________________ _ 14. Associated projects: _N_A ______________________ _ P-1(D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: No development is proposed Project only includes the demolition of an existing 3, 188 sf residential structure 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: NA 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ NA 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: NA 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ___________________ _ NA P-1(0) Page 3 of 4 Revised 07/10 C Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D 0 roads. 22. Change in pattern, scale or character of general area of project. D 0 23. Significant amounts of solid waste or litter. D 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D 0 27. Site on filled land or on slope of 10 percent or more. D 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, D 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D 0 31. Relationship to a larger project or series of projects. D 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowled e and belief. Date: 02/07/19 For: P-1 (D) Page 4 of 4 Revised 07/10 Ccityof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all equir~ments are necessary for your particular application) please call (760 602-4610. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 ( City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue E-34 RECEIVED (760) 602-2750 ..-www.carlsbadca.gov CITY OF CARLSBAD j 1NSTRUCTIONS: PLANNING DIVISION 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 to 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: 3745 Adams Street Demolition PROJECT ID: ADDRESS: 3745 Adams Street, Carlsbad CA 92008 APN : 205-270-13-00 The project is (check one): D New Development K] Redevelopment The total proposed disturbed area is: 6,397 ft2 ( 0.146 ) acres The total proposed newly created and/or replaced impervious area is: 0.0 ft2 ( 0.0 ) 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 STEP1 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): The proposed project is only the demolition of an existing 3,188 square foot home. The building pad would be leveled to be a grade and no development or impervious surfaces would be built. 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; □ □ 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 □ □ 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? □ □ 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, vour project is not exempt from PDP, go to Step 3. E-34 Page 2 of 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 private 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 □ □ development project 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 □ □ 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, trucks, 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 comminqled 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 □ □ 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 □ □ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per dav. 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 □ □ 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 stating "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 BM P's required for PDP apply to the entire development. Go to step 5, check the check the first box stating "My project is a PDP ... " and complete applicant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D 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 my 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. ~ My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Jose Sanchez Applicant Title: Project Engineer Applicant Signature: ~44,s~-rJ-Date: 2/07/19 .. Environmentally Sens1t1ve Areas include 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 Water 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 equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for Citv Use Onlv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 04/17 \ l Servicelink Title Company 3220 El Camino Real, Irvine, CA 92602 (714) 247-7000 (800) 323-0165 PRELIMINARY REPORT -CALIFORNIA SERVICELINK TITLE COMPANY PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein CHICAGO TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set 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 Homeowners Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of CHICAGO TITLE INSURANCE COMPANY. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. SERVICELINK TITLE COMPANY Counters;gned, ~ \{VI~ AUTHORIZED SIGNATORY CHICAGO Tll'I.F. ISSllRASCF. ("OMrANl' '" • Page 1 of 17 Cl TA Preliminary Report Form -Modified (11117106) TITLE OFFICER: JASON DASILVA ,,,-. ""' ~ Servicelink Title Company ,..,,; 3220 El Camino Real, Irvine, CA 92602 (714) 247-7000 (800) 323-0165 PRELIMINARY REPORT -CALIFORNIA SERVICELINK TITLE COMPANY TO: DAKOTA ASSET MANAGEMENT -REO 1904 W GRAND PKWY N, STE 130 KATY, TX 77449 ATTENTION: CORETTA GEROULD ORDER NO: 170164147 REFERENCE NO: PROPERTY ADDRESS: 3745 ADAMS ST, CARLSBAD, CA 92008 EFFECTIVE DATE: 08/29/2018 THE FORM OF THE POLICY OR POLICIES OF THE TITLE INSURANCE CONTEMPATED BY THIS REPORT IS: 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE SIMPLE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: MTGLQ INVESTORS, L.P I 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF CARLSBAD, COUNTY SAN DIEGO, AND STATE THE OF CALIFORNIA AND DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Page 2 of 17 CL TA Preliminary Report Form -Modified (11/17/06) • J LEGAL DESCRIPTION EXHIBIT "A" ALL THAT CERTAIN PARCEL OF LAND SITUATED IN THE COUNTY OF SAN DIEGO AND STATE OF CALIFORNIA BEING KNOWN AND DESIGNATED AS FOLLOWS: ALL THAT PORTION OF TRACT 236 OF THUM LANDS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 9, 1915, DECRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF ADAMS STREET A DISTANCE THEREON NORTH 28° 39' WEST 734.81 FEET FROM ITS INTERSECTION WITH THE CENTER LINE OF TAMARACK AVENUE. SAID POINT OF BEGINNING BEING ALSO THE NORTHEASTERLY CORNER OF THE PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST LAND COMPANY TO SALVADO AND YSIDRA TREJO BY DEED DATED JANUARY 19, 1931, AND RECORDED IN BOOK 1870, PAGE 77; RECORD OF DEEDS, THENCE ALONG THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO TREJO SOUTH 61 ° 21' WEST A DISTANCE OF 446.86 FEET TO THE MOST WESTERLY CORNER THEREOF; THENCE NORTH 28° 39' WEST A DISTANCE OF 195.03 FEET TO THE MOST SOUTHERLY CORNER OF THAT PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST LAND COMPANY TO DEAN F. PALMER BY DEED DATED MAY 5, 1927 AND RECORDED IN BOOK 1335, PAGE 384, RECORD OF DEEDS, THENCE ALONG THE SOUTHEASTERLY LINE OF THE PALMER PORTION NORTH 61° 21' EAST A DISTANCE OF 446.86 FEET TO A POINT ON THE SAID CENTER LINE OF ADAMS STREET, THENCE ALONG THE CENTER LINE OF ADAMS STREET SOUTH 28° 39' EAST A DISTANCE OF 195.03 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: THE SOUTHERLY 200 FEET OF THAT PORTION OF TRACT 236 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF ADAMS STREET A DISTANCE THEREON NORTH 28° 39' WEST 734.81 FEET FROM ITS INTERSECTION WITH THE CENTER LINE OF TAMARACK AVENUE. SAID POINT OF BEGINNING BEING ALSO THE NORTHEASTERLY CORNER OF THE PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST LAND COMPANY TO SALVADO AND ISIDRA TREJO BY DEED DATED JANUARY 19, 1931, AND RECORDED IN BOOK 1870, PAGE 77; RECORD OF DEEDS, THENCE ALONG THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO TREJO SOUTH 61 ° 21' WEST A DISTANCE OF 446.86 FEET TO THE MOST WESTERLY CORNER THEREOF; THENCE NORTH 28° 39' WEST A DISTANCE OF 195.03 FEET TO THE MOST SOUTHERLY CORNER OF THAT PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST LAND COMPANY TO DEAN F. PALMER BY DEED DATED MAY 5, 1927 AND RECORDED IN BOOK 1335, PAGE 384, RECORD OF DEEDS, THENCE ALONG THE SOUTHEASTERLY LINE OF THE PALMER PORTION NORTH 61° 21' EAST A DISTANCE OF 446.86 FEET TO A POINT ON THE SAID CENTER LINE OF ADAMS STREET, THENCE ALONG THE CENTER LINE OF ADAMS STREET SOUTH 28° 39' EAST A DISTANCE OF 195.03 FEET TO THE POINT OF BEGINNING. THE NORTHEASTERLY LINE OF SAID SOUTHWESTERLY 200 FEET BEING MEASURED PARALLEL WITH THE SOUTHWESTERLY LINE OF THE LAND HEREINABOVE DESCRIBED. TAX ID: 205-270-13-00 SERVICELINK TITLE COMPANY Cl TA Preliminary Report Form -Modified (11/17/06) 0 • Title No.: 170164147 PRELIMINARY REPORT -CALIFORNIA EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: WESTERN REGIONAL EXCEPTIONS FOR 2006 AL TA POLICIES: 1. (A) TAXES OR ASSESSMENTS THAT ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS; (B) PROCEEDINGS BY A PUBLIC AGENCY THAT MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THAT ARE NOT SHOWN BY THE PUBLIC RECORDS BUT THAT COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR THAT MAY BE ASSERTED BY PERSONS IN POSSESSION OF THE LAND. 3. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS. 4. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND AND NOT SHOWN BY THE PUBLIC RECORDS. 5. (A) UNPATENTED MINING CLAIMS; (8) 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), (8), OR (C) ARE SHOWN BY THE PUBLIC RECORDS. 6. ANY LIEN OR RIGHT TO A LIEN FOR SERVICES, LABOR OR MATERIAL NOT SHOWN IN PUBLIC RECORDS. ADDITIONAL EXCEPTIONS FROM COVERAGE 1. PROPERTY TAXES, WHICH ARE A LIEN NOT YET DUE AND PAYABLE, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES TO BE LEVIED FOR THE FISCAL YEAR 2018-2019 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2016-2017, ASSESSOR'S PARCEL NUMBER: 205-270-13-00 CODE AREA: 09000 1ST INSTALLMENT: $5,227.56 PAID 2ND INSTALLMENT: $5,227.56 PAID LAND: $937,740.00 IMPROVEMENTS: $43,615.00 EXEMPTION: NONE 3. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 4. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT DISCLOSED BY THE PUBLIC RECORDS. 5. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND. 6. EASEMENTS OR CLAIMS OF EASEMENTS NOT SHOWN BY THE PUBLIC RECORDS. Page 4 of 17 CLTA Preliminary Report Form -Modified (11/17/06) . . /' Title No.: 170164147 7. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR, OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. NOTE: ***WILL BE REMOVED FROM THE FINAL TITLE POLICY UPON RECEIPT OF THE EXECUTED BUYER/SELLER AFFIDAVITS*** 8. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES FOR VALUE OF RECORD THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. NOTE: ***WILL BE REMOVED FROM THE FINAL TITLE POLICY*** 9. MUST BE PAID WHETHER IT'S UNDER THE PREVIOUS OWNER OR NOT. THEY ARE LIENABLE ITEMS THAT AFFECT THE PROPERTY. NEED TO BE CALLED ON AND OBTAIN DEMANDS. MUNICIPAL AND UTILITY SERVICES HAVE NOT BEEN EXAMINED FOR THIS COUNTY. 10. TAXES OR SPECIAL ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS. NOTE: ***TAXES WILL BE REFLECTED FROM PAYMENT THROUGH CLOSING*** 11. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW) AS SET FORTH IN THE DECLARATION OF RESTRICTIONS. RECORDED: BOOK 26, PAGE 191, OFFICIAL RECORDS SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. 12. IN THE EVENT THAT ANY EXCEPTION HEREIN CONTAINS COVENANTS, CONDITIONS AND RESTRICTIONS, SAID EXCEPTION OMITS ANY COVENANTS OR RESTRICTIONS, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW. 13. THE RECITAL CONTAINED ON THE MAP OF SAID LAND RELINQUISHED JURISDICTION AND CONTROL OVER ALL PIPES, POLES OR OTHER STRUCTURES, OR WORK, TREES AND ANYTHING OF WHATEVER NATURE THAT MAY BE UPON, ACROSS OR OER THE HIGHWAYS OFFERED FOR DEDICATION. 14. RIGHTS OF THE PUBLIC IN AND TO THE PORTION OF THE LAND LYING WITHIN ADAMS STREET AS DISCLOSED BY MAP ON FILE IN THE OFFICE OF THE COUNTY ASSESSOR OF SAN DIEGO COUNTY. 15. THE EFFECT OF A MAP PURPORTING TO SHOWN THE LAND AND OTHER PROPERTY, FILED MAP NO. 1591 OF RECORD OF SURVEYS. Page 5 of 17 CLTA Preliminary Report Form -Modified (11/17/06) C Title No.: 170164147 16. A PENDING COURT ACTION AS DISCLOSED BY A RECORDED NOTICE: PLAINTIFF: ANTHONY CHAVEZ, INDIVIDUALLY AND FDBA C&C PROPERTIES, AND 3745 ADAMS STREET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY DEFENDANT: CATHERINE BRYAN I BARRA AKA CATHERINE BRYAN AKA CATHERINE IBARRA, AN INDIVIDUAL; BETTY BRYAN, AN INDIVIDUAL; THURMA L. STEWART, AN INDIVIDUAL; STEPHANIE E. CHRISTIAN, AN INDIVIDUAL; JOHN GARRY FAULKNER, AN INDIVIDUAL; DANIEL CHRISTIAN, AN INDIVIDUAL DBA DANA CAPITAL GROUP AND DBA EQUIHOUSE FUNDING; BANKERS HILL CAPITAL, INC., A CALIFORNIA CORPORATION; ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF'S TITLE, OR ANY CLOUD ON PLAINTIFF'S TITLE THERETO AND DOE 1 THROUGH DOE 100, INCLUSIVE COUNTY: SAN DIEGO COURT: SUPERIOR COURT CASE NO.: CIV RS 703159 NATURE OF ACTION: LIS PENDENS RECORDED: 08/03/2007, INSTRUMENT NO 2007-0520879, OF OFFICIAL RECORDS 17. AN INSTRUMENT, UPON THE TERMS AND CONDITIONS CONTAINED THEREIN ENTITLED: CERTIFICATE OF NONCOMPLAINCE AGAINST: MTGLQ INVESTORS L P EXECUTED BY: CITY OF CARLSBAD RECORDED: 02/19/2014, IN INSTRUMENT NO. 2014-0067826, OF OFFICIAL RECORDS 18. A PENDING COURT ACTION AS DISCLOSED BY A RECORDED NOTICE: PLAINTIFF: CITY OF CARLSBAD, A CALIFORNIA MUNICIPAL CORPORATION, ON BEHALF OF THE PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: BETTY BRYAN, AN INDIVIDUAL;CATHERINE BRYAN, AN INDIVIDUAL;YUKIKO SUMIMOTO, AN INDIVIDUAL;EQUITY PARTNERS, LLC, A NEVADA LIMITED LIABILITY COMPANY; NOVELLEFINANCIAL SERVICES, A DELAWARE CORPORATION; LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE.AN ENTITY OF UNKNOWN STATUS; MTGLQ INVESTORS, LP, A DELAWARE LIMITED PARTNERSHIP; BANKERS HILL CAPITAL, INC., A CALIFORNIA CORPORATION; CYNDAHOW INVESTMENTS, LLC, AN ENTITY OF UNKNOWN STATUS; ANTHONY CHAVEZ, AN INDIVIDUAL; FDBA C&C PROPERTIES, AN ENTITY OF UNKNOWN STATUS; 3745 ADAMS STREET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; RICK ARDISSONI, AN INDIVIDUAL COUNTY : SAN DIEGO COURT : SUPERIOR CASE#: 37-2018-00007981-CU-OR-NC NATURE OF ACTION: LIS PENDENS RECORDED: 02/27/2018,DOCUMENT NO 2018-0076554 OF OFFICIAL RECORDS ORDER APPOINTING A RECEIVER PURSUANT TO HEALTH AND SAFETY CODE SECTION 17980.7 CASE# 37-2018- 00007981-CU-OR-NC RECORDED 08/23/2018 DOC# 2018-0347989, OFFICAL RECORDS 19. PURSUANT TO GOVERNMENT CODE SECTION 27388.1, AS AMENDED AND EFFECTIVE AS OF 1-1-2018, A DOCUMENTARY TRANSFER TAX (DTT) AFFIDAVIT MAY BE REQUIRED TO BE COMPLETED AND SUBMITTED WITH EACH DOCUMENT WHEN DTT IS BEING PAID OR WHEN AN EXEMPTION IS BEING CLAIMED FROM PAYING THE TAX. IF A GOVERNMENTAL AGENCY IS A PARTY TO THE DOCUMENT, THE FORM WILL NOT BE REQUIRED. DDT AFFIDAVITS MAY BE AVAILABLE AT A TAX ASSESSOR-COUNTY CLERK-RECORDER. 20. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE PUBLIC RECORDS. END OF EXCEPTIONS Page 6 of 17 CL TA Preliminary Report Form -Modified (11/17/06) Title No.: 170164147 NOTES THE FOLLOWING NOTES ARE FOR INFORMATIONAL PURPOSE ONLY: 1. NOTE: ATTACH THE CLTA ENDORSEMENT FORM 116 INDICATING THAT THERE IS LOCATED ON SAID LAND A SINGLE FAMILY RESIDENCE KNOWN AS 3745 ADAMS ST, CARLSBAD, CA 92008 TO AN EXTENDED COVERAGE LOAN POLICY. 2. NOTE: THIS COMPANY 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 MA TIERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. AFTER REVIEW OF THE REQUESTED STATEMENT(S) OF INFORMATION, THE COMPANY MAY HAVE ADDITIONAL REQUIREMENTS BEFORE THE ISSUANCE OF ANY POLICY OF TITLE INSURANCE. PARTIES : BUYER(S) (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) 3. NOTE: NONE OF THE ITEMS SHOWN IN THIS REPORT WILL CAUSE THE COMPANY TO DECLINE TO ATTACH CLTA ENDORSEMENT FORM 100 TO AN EXTENDED COVERAGE LOAN POLICY, WHEN ISSUED. 4. NOTE: 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. 5. A REVIEW OF THE VESTING IS REQUIRED TO VALIDATE THE APPROPRIATE ENTITY FOR POA/CONVEYANCE PURPOSES. 6. NOTICE: PLEASE BE AWARE THAT DUE TO THE CONFLICT BETWEEN FEDERAL AND STATE LAWS CONCERNING THE CULTIVATION, DISTRIBUTION, MANUFACTURE OR SALE OF MARIJUANA, THE COMPANY IS NOT ABLE TO CLOSE OR INSURE ANY TRANSACTION INVOLVING LAND THAT IS ASSOCIATED WITH THESE ACTIVITIES. END OF NOTES 24 MONTH CHAIN OF TITLE NOTE: THE ONLY CONVEYANCE AFFECTING SAID LAND RECORDED WITHIN TWENTY-FOUR (24) MONTHS OF THE DATE OF THIS REPORT, IS AS FOLLOWS: A. GRANTOR: QUALITY LOAN SERVICE CORPORATION, AS TRUSTEE GRANTEE: MTGLQ INVESTORS, LP RECORDED: 10/30/2009, IN INSTRUMENT NO 2009-0603574, OF OFFICAL RECORDS Page 7 of 17 CL TA Preliminary Report Form -Modified (11/17/06) Attachment One (Revised•· 05-06-16) 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 (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. Page 8 of 17 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land TiUe Association. Attachment One CA (Rev 05-06-16) Ii..\ CHICAGO TITLE ~ INSURANCE COMPANY Attachment One (Continued) EXCEPTIONS FROM COVERAGE· SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'$ POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. Page 9 of 17 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land TiUe Association. Attachment One CA (Rev 05-06-16) 6. Lack of a right: Attachment One (Continued) a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount __ % of Policy Amount Shown in Schedule A or$ __ (whichever is less) __ % of Policy Amount Shown in Schedule A or$ __ (whichever is less) __ % of Policy Amount Shown in Schedule A or$ __ (whichever is less) __ % of Policy Amount Shown in Schedule A or$ __ (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $ _ $ _ $ _ $_ 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. Page 10 of 17 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land TiUe Association. Attachment One CA (Rev 05-06-16) Attachment One (Continued) (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. Un enforceability 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). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE Except as provided in Schedule B -Part II, this policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: PARTI In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b} proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. Page 11 of 17 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land TiUe Association. Attachment One CA (Rev 05-06-16) Attachment One (Continued) 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. {a) Unpatented mining claims; {b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; {c) water rights, claims or title to water, whether or not the matters excepted under {a), {b), or {c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PARTII In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage: 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly 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 9 and 10); or {e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is {a) a fraudulent conveyance or fraudulent transfer; or {b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Page 12 of 17 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Titie Association. Attachment One CA (Rev 05-06-16) /.:i.\ CHICAGO TITLE \!!!'® INSURANCE COMPANY Attachment One (Continued) 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. Variable exceptions such as taxes, easements, CC&R's, etc. shown here ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY-ASSESSMENTS PRIORITY ( 04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection: or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Page 13 of 17 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Attachment One CA (Rev 05-06-16} Attachment One (Continued) 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. END OF ATTACHMENT ONE Page 14 of 17 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land TiUe Association. Attachment One CA (Rev 05-06-16) FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. Browsing Information. FNF may automatically collect the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or mobile device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. How Personal Information is Collected We may collect Personal Information about you from: • information we receive from you on applications or other forms; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. How Browsing Information is Collected If you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Revised May l, 2018 Copyright© 2018. Fidelity National Financial, Inc. All Rights Reserved. C Links to Other Sites. FNF Websites may contain links to other websites. FNF is not responsible for the privacy practices or the content of any of those other websites. We advise you to read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and third parties' products and services, jointly or independently. When Information Is Disclosed We may make disclosures of your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. 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Fidelity National Financial, Inc. All Rights Reserved. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The Ricky & Chico Trust Goldenwest Capital, LLC Trustee P.O. Box 10537 Newport Beach, California 92658 MAIL TAX STATEMENTS TO: The Ricky & Chico Trust Goldenwest Capital, LLC Trustee P.O. Box 10537 Newport Beach, California 92658 QUITCLAIM DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) D This transfer is exempt from the documentary transfer tax 00 The documentary transfer tax is $275.00 and is computed on: 00 the full value of the interest in the property conveyed □ the full value less the value of liens or encumbrances remaining at the time of sale The property is located in an: □ unincorporated area. CKI the City of Carlsbad MTGLQ INVESTORS, L.P ., a Delaware limited partnership ("Grantor"), whose mailing address is 15480 Laguna Canyon Road, Suite 100 Irvine, CA 92618, for valuable consideration, the receipt of which is hereby acknowledged, grants and quitclaims to The Ricky & Chico Trust Goldenwest Capital, LLC Trustee ("Grantee") whose tax mailing address is P.O. Box 10531 Newport Beach, CA 92658, with quitclaim covenants, all right, title, interest and claim to the following land in the following real property: 1137429.02/LA -1- ---------------· C ALL THAT CERTAIN PARCEL OF LAND SITUATED IN THE COUNTY OF SAN DIEGO AND STATE OF CALIFORNIA BEING KNOWN AND DESIGNATED AS FOLLOWS: ALL THAT PORTION OF TRACT 236 OF THUM LANDS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF ADAMS STREET A DISTANCE THEREON NORTH 28° 39' WEST 734.81 FEET FROM ITS INTERSECTION WITH THE CENTER LINE OF TAMARACK A VENUE. SAID POINT OF BEGINNING BEING ALSO THE NORTHEASTERLY CORNER OF THE PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST LAND COMPANY TO SALVADO AND YSIDRA TREJO BY DEED DATED JANUARY 19, 1931, AND RECORDED IN BOOK 1870, PAGE 77; RECORD OF DEEDS, THENCE ALONG THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO TREJO SOUTH 61° 21' WEST A DISTANCE OF 446.86 FEET TO THE MOST WESTERLY CORNER THEREOF; THENCE NORTH 28° 39' WEST A DISTANCE OF 19S.03 FEET TO THE MOST SOUTHERLY CORNER OF THAT PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST LAND COMPANY TO DEAN F. PALMER BY DEED DATED MAYS, 1927 AND RECORDED IN BOOK 1335, PAGE 384, RECORD OF DEEDS, THENCE ALONG THE SOUTHEASTERLY LINE OF THE PALMER PORTION NORTH 61° 21' EAST A DISTANCE OF 446.86 FEET TO A POINT ON THE SAID CENTER LINE OF ADAMS STREET, THENCE ALONG THE CENTER LINE OF ADAMS STREET SOUTH 28° 39' EAST A DISTANCE OF 19S.03 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: THE SOUTHERLY 200 FEET OF THAT PORTION OF TRACT 236 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 191S, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF ADAMS STREET A DISTANCE THEREON NORTH 28° 39' WEST 734.81 FEET FROM ITS INTERSECTION WITH THE CENTER LINE OF TAMARACK A VENUE. SAID POINT OF BEGINNING BEING ALSO THE NORTHEASTERLY CORNER OF THE PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST LAND COMPANY TO SALVADO AND ISIDRA TREJO BY DEED DATED JANUARY 19, 1931, AND RECORDED IN BOOK 1870, PAGE 77; RECORD OF DEEDS, THENCE ALONG THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO TREJO SOUTH 61° 21' WEST A DISTANCE OF 446.86 FEET TO THE MOST WESTERLY CORNER THEREOF; THENCE NORTH 28° 39' WEST A DISTANCE OF 19S.03 FEET TO THE MOST SOUTHERLY CORNER OF THAT PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST LAND COMPANY TO DEAN F. PALMER BY DEED DA TED MAY 5, 1927 AND RECORDED IN BOOK 133S, PAGE 384, RECORD OF DEEDS, THENCE ALONG THE SOUTHEASTERLY LINE OF THE PALMER PORTION NORTH 61° 21' EAST A DISTANCE OF 446.86 FEET TO A POINT ON THE SAID CENTER LINE OF ADAMS 1137429 .02/LA -2- STREET, THENCE ALONG THE CENTER LINE OF ADAMS STREET SOUTH 28° 39' EAST A DISTANCE OF 195.03 FEET TO THE POINT OF BEGINNING. THE NORTHEASTERLY LINE OF SAID SOUTHWESTERLY 200 FEET BEING MEASURED PARALLEL WITH THE SOUTHWESTERLY LINE OF THE LAND HEREINABOVE DESCRIBED. TAX ID: 205-270-13 Property Address is: 3745 Adams Street Carlsbad, CA 92008 Being the same property transferred in the Trustee's Deed Upon Sale recorded on 10/30/2009 as Instrument No. 2009-0603574. GRANTEE IS TAKING TITLE SUBJECT TO ALL LIENS, FINES, AND VIOLATIONS. Grantor makes no representations or warranties, of any kind or nature whatsoever, whether expressed, implied, implied by law, or otherwise, concerning the condition of the title of the property prior to the date the Grantor acquired title. The real property described above is conveyed subject to and with the benefit of: All easements, covenants, conditions and restrictions of record; in so far as in force applicable. The real property described above is conveyed subject to the following: All easements, covenants, conditions and restrictions of record; All legal highways; Zoning, building and other laws, ordinances and regulations; Real estate taxes and assessments not yet due and payable; and Rights of tenants in possession. TO HA VE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title interest, lien equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behalf of the Grantee forever. 1137429.02/LA -3- Executed by the undersigned on _ S fl(AWJ.U J-\ ,2018: MTGLQ Investors, L.P., by Rushmore Loan Management Services LLC, Appointed As Attorney In Fact 0y, \.ud .idef Name: Sosao Cbcisty Assistant Vice President Its: ----------------------- State of Califemia 1~ County of--~'~ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On ~be, ~l , ~\~ before me, J~w\\le-_L. 1C'f'\ , Notary Public, personally appeared ___ Susan Christy .ft!t--_-_--_-_-_-_______ _ on behalf of MTGLQ Investors, L.P ., by Rushmore Loan Management Services LLC, Appointed As Attorney In Fact who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)@are subscribed to the within instrument and acknowledged to me that he~/they executed the same in hisf@their authorized capacity or capacities, and that by his@their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of C-=i:a that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~a•~~J 1137429_02/LA .4. ,,,1~•p11,,, JANICE L. RYAN "ti':' 11.t""' !#,,-::i;;;,'<-t~ Notary Public, State of Texas i;_t,.~jE Comm Expires 11-18-2020 ~Ji,"Af;;:,i· Not~ry ID 130906993 ,.. GoldeAwest Capital LLC OpetJ1ting Agreement A. THIS OPERA TINO AGREEtv,ENT of Goldenwest Capital LLC (the "Company") is entered into as of the date set forth on th~ signature page hereto by each of the persons named in Exhibit A hereto (referred to individually as a Member and collectively as the Members). l, B. The Members have formed a li,mited liability company under the Beverly-Killea Limited Liability Company Act ("Califotnia Limited Liability Company Act•'). The articles of organization of the Company filed with tpe California Secretary of State are hereby adopted and approved by the Members. · C. The Members enter into this ~greement to provide for the governance of the Company and the conduct of its business, and to sp~ify their relative rights and obligations. NOW THEREFORE, the Memb~r~ agree as follows: i: ARTiqLE 1: DEFINITIONS : . Capitalized tenns used in this agr¢ement have the meanings specified in this Article or elsewhere in this agreement and when n<#: so defined shall have the meanings set forth in the California Limited Liability Company Act. I. ; "Capital Contribution" means th~ ~ount of cash, property or services contributed to the Company. : · ''Company" means Ooldenwest Gapital LLC, a California limited liability company. "Member" means a Person who atj:iuires Membership Interestst as permitted under this agreementt and who becomes or remains;a Member. "Membership Interests" means either Percentage Interest or Units, based on how ownership in the Company is expressed ~~ Exhibit A. "Percentage Interest" means a pefPcent ownership in the Company entitling the holder to an economic and voting interest in the Ctjnipany. r ~ "Person" means an individual, pl(qnership, limited partnership, trust, estate, association, corporation, limited liability company, orl~ther entity, whether domestic or foreign. "Unit" means a unit of ownershiP, tn the Company entitling the Member holding such Unit to an economic interest and a voting}nterest in the Company. C ARTICLE 2: CAPITAf, AND CAPITAL CONTRIBUTIONS 2.1 Initial Capital Contribution, and Membership Interests. The Capital Contributions of the initial Members, as well as the Membership Interests of each Member, are listed in Exhibit A, which is made part ot;this agreement. Membership Interests in the Company may be expressed either in Units or direqt'y in Percentage Interests. 2.2 Subsequent Contributions./ ,-.io Member shalJ be obligated to make additional capital contributions unless unanimousl~ Jtgreed by all the Members. ; . 2.3 Capital Accounts. Individu~ capital accounts may be maintained for each Member consisting of that Member's Capital Coninbution. (1) increased by that Member's share of profits, (2) decreased by that Member's spare of losses and company expenses, (3) decreased by that Member's distributions and (4) adju~ted as required in accordance with applicable tax laws. '. 2.4 Interest. No interest shall b~ paid on Capital Contributions or on the balance of a Member's capital account. i : ' i.: 2.5 Limited Liability. A Mem~~.r shall not be bound by, or be personally liable for, the expenses, liabilities, or obligations of thq ~ompany except as otherwise provided in this agreement or as required by law. f • ARTICLE 3: ALLOP.ATIONS AND DISTRIBUTIONS 3.1 Allocations. The profits and/\osses of the Company and all items of Company income, gain. loss, deduction, or credit s~,11 be allocated, for Company book purposes and for tax purposes. pro rata in proportion to rel,~tive Membership Interests held by each Member. 3 .2 Distributions. The Company; shall have the right to make distributions of cash and property to the Members pro rata based tj.ij the relative Membership Interests. The timing and amount of distributions shall be determin'.~d by the Managers in accordance with California law. ARTICE£ 4: MANAGEMENT 4.1 Management. The business:ofthe Company shall be managed by one or more Managers. The Members initially nomin~Je and elect the person(s) set forth in Exhibit B to serve as Manager(s) of the Company. Managetij shall serve at the pleasure of the Members and may be elected or removed by Members holdijl.g a majority of the Membership Interests. Exhibit B shall be amended from time to time to ref~ct any changes in Managers. In the event of a dispute between Managers, final determination s~~dl be made by a vote of the majority of the Managers. Any Manager may bind the Company in ,11 matters in the ordinary course of business. 4.2 Meetings of Managers. Rekular meetings of the Managers are not required but may be held at such time and place as the Mapagers deem necessary or desirable for the reasonable management of the Company. Meeting~ tnay take place in person, by conference telephone or by any other means pennitted under California law. In addition, actions may be taken without a meeting if all of the Managers sign a wr(Uen consent reflecting the action taken. 4.3 Banking. The Managers ar~ ~uthorized to set up one or more bank accounts and are authorized to execute any banking resoh)~ions provided by the institution where the accounts are being set up. All funds of the Company 'shall be deposited in one or more accounts with one or more recognized financial institutions in(~he name of the Company. 4.4 Officers. The Managers areiauthorized to appoint one or more officers from time to time. The officers shall hold office untiitheir successors are chosen and qualified. Subject to any employment agreement entered intol»etween the officer and the Company, an officer shall serve at the pleasure of the Managers. T)ie current officers of the Company are listed on Exhibit .Q. ; ARTICLE 5: AC.COUNTS AND ACCOUNTING S.1 Accounts. Complete books p,f account of the Company's business, in which each Company transaction shall be fully and ~~curately entered, shall be kept at the Company's principal executive office and shall be open to inspection and copying on reasonable notice by any Member, Manager or their authorlz~. representatives during normal business hours for purposes reasonably related to the intere+i of such person as a Member or Manager. The costs of such inspection and copying shall be borhe by the Member or Manager. ', 5.2 Records. At all tunes during .the tenn of existence of the Company, and beyond that tenn if the Managers deems it necessary,!the Managers shall keep or cause to be kept the following: , · , . (a) A current list of the fqU name and last known business or residence address of each Member and Manager, togeiher with the Capital Contribution, the amount and terms of any agreed upon future Capital Contribution, and Membership Interest of each Member; · (b) A copy of the articles ~f organization and any amendments; ( c) Copies of the Compaqy's federal, state, and local income tax or infonnation returns and reports, if any, for the\six most recent taxable years; and {d) An original executed copy or counterparts of this agreement and any amendments. · · -3- 5.3 Income Tax Returns. Within 45 days after the end of each taxable year, the Company shall use its best efforts to sen~ to each of the Members all information necessary for the Members to complete their federal ~~ state income tax or information returns and a copy of the Company's federal, state, and local u:i~ome tax or information returns for such year. 5.4 Tax Matters Member. Derinis Oimian shall act as tax matters member of the Company to represent the Company (at 1}le Company's expense) in connection with all examinations of the Company's affairs by tax authorities and to expend Company funds for professional services and costs associate~ therewith. ARTICLE 6: MEMBERSHIP-MEETINGS, VOTING 1: 6.1 Members and Voting Right~· Members shall have the right and power to vote on all matters with respect to which this a~ement or California law requires or permits such Member action. Voting shall be based oµ Membership Interests. Unless otherwise stated in this Agreement or under California law, the y~te of the Members holding a majority of the Membership Interests shall be required tf approve or carry an action. 6.2 Meetings. Regular or annu~'.rneetings of the Members are not required but may be held at such time and place as the Memq~rs deem necessary or desirable for the reasonable management of the Company. ' · Meetings may be called by any Jrtember or members holding 10% or more of the Membership Interests, for the purpose o~~ddressing any matters on which the Members may vote. A written notice shall be given no~tess than 10 days nor more than 60 days before the date of the meeting to each member entitled ti>: vote at the meeting. In any instance in which the approval of the Members is required un~er this agreement, such approval may be obtained in any manner permitted by California law, incl~ding by conference telephone or similar communications equipment. In adclitioninotice to any meeting may be waived, and any action which could be taken at a meeting can b~ ~pproved if a consent in writing, stating the action to be taken, is signed by the holders of the iµinimum Membership Interest needed to approve the action. · ARTICLE 7: wiTHDRA WAL ANO TRANSFERS OF MEMBERSHIP INTERESTS 7.1 Withdrawal. A Me~ber may withdraw from the Company prior to the dissolution and winding up of the Company with the) 1:lllanimous consent of the other Members, or if such Member transfers or assigns all of his or ~er Membership Interests pursuant to Section 7.2 below. A Member which withdraws purs1.1:ant to this Section 7.1 shall be entitled to a distribution in an amount equal to such Member's CaJiital Account. -4- i 7.2 Restrictions on Transfer. A. Member may transfer Membership Interests to any other Person without the consent of any pther Member. A person may acquire Membership Interests directly from the Company upop the written consent of all Members. A person which acquires Membership Interests in accordjlllce with this section shall be admitted as a Member of the Company after the person has agree4 to be bound by the terms of this Operating Agreement by executing a consent in the form of E~bit D. ' ' ARTICLE 8: DIS$0LUTION AND WINDING UP !"' 8.1 Dissolution. The Company r.trall be dissolved upon the first to occur of the following events: · ( a) The vote of Members; t,.olding a majority of the outstanding Membership Interests to dissolve the Company; '' (b) Entry of a decree ofj44icial dissolution under Section 17351 of the California Corporations Code. : = i ( c) At any time there are po Members, provided that the Company is not dissolved and is not required to b~ wound up if, within 90 days after the occurrence of the event that terminated the contintjc;d membership of the last remaining Member, the legal representative of the last remaini*~ Member agrees in writing to continue the Company and to the admission of the legal fe.presentative of such Member or its assignee to the Company as a Member, effective;~s of the occurrence of the event that terminated the continued membership of the las(remaining Member. 8.2 No automatic dissolution uppn certain events. Neither the death, incapacity, disassociation, bankruptcy or withdraw~ of a Member shall automatically cause a dissol\ltion of the Company. · -5- ARTICLa 9: INDEMNIFICATION 9.1 Indemnification. The Company shall have the power to indemnify any Person who was or is a party, or who is threatened to; be made a party, to any proceeding by reason of the fact that such Person was or is a Member, ~ager, officer, employee, or other agent of the Company, or was or is serving at the reqµest of the Company as a director, manager, officer, employee, or other agent of another limif~ liability company, corporation, partnership,joint venture, trust, or other enterprise, against ;expenses, judgments, fines, settlements, and other amounts actually and reasonably incurr~ by such Person in connection with such proceeding, if such Person acted in good faith and in a manner that such Person reasonably believed to be in the best interests of the Company, and, in th~;case of a criminal proceeding, such Person had no reasonable cause to believe that the Person's conduct was unlawful. The termination of any proceeding by judgment, order, settlemept, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a pt:e,sumption that the Person did not act in good faith and in a manner that such Person reasonablyi~elieved to be in the best interests of the Company, or that the Person had reasonable cause to ~~lieve that the Person's conduct was unlawful. To the extent that an agent of the;Company has been successful on the merits in defense of any proceeding, or in defense of any ~l~im, issue, or matter in any such proceeding, the agent shall be indemnified against expenses actµally and reasonably incurred in connection with the proceeding. In all other cases, indemnifi~tion shall be provided by the Company only if authorized in the specific case unanimou~Jy by all of the Members. i. "Proceeding," as used in this sec\ipn, means any threatened, pending, or completed action or proceeding, whether civil, criminal, aF11istrative, or investigative. 9.2 Expenses. Expenses of eac~ ferson indemnified under this agreement actually and reasonably incurred in connection with t\l,~ defense or settlement of a proceeding may be paid by the Company in advance of the final dispqsition of such proceeding, as authorized by the Members or Managers, as the case may ~«r, who are not seeking indemnification upon receipt of an undertaking by such Person to repay s.dch amount unless it shall ultimately be determined that such Person is entitled to be indemnified\by the Company. "Expenses," as used in this sectiop, includes, without limitation, attorney fees and expenses of establishing a right to indem.frlfication, if any, under this section. ARTICLE 10,: GENERAL PROVISIONS ? : i 10.1 Entire Agreement; Amen4lllent. This agreement constitutes the whole and entire agreement of the parties with respect to*~ subject matter of this agreement, and it shall not be modified or amended in any respect except by a written instrument executed by all of the Members. This agreement replaces and supersedes all prior written and oral agreements by and among the Members. • • -6- 10.2 Governing Law; Severability. This agreement shall be construed and enforced in accordance with the internal laws of the S,ate of California. If any provision of this agreement is detennined by any court of competent j11_Hsdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provisi~n shall, if possible, be construed as though more narrowly drawn, if a narrower constructi~n would avoid such invalidity, illegality, or unenforceability or, if that is not possible,, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severe4, and the remaining provisions of this agreement shall remain in effect. · · 10.3 Benefit. This agreements~~ be binding on and inure to the benefit of the parties and their heirs, personal representatives, '.~d permitted successors and assigns. 10.4 Number and Gender. W~~never used in this agreement, the singular shall include the plural and the plural shall include th~ ~ingular, and the neuter gender shall include the male and female as well as a trust, film, comp~py, or corporation, all as the context and meaning of this agreement may require. ' · 10.5 No Third Party Beneficiacy. This agreement is made solely for the benefit of the parties to this agreement and their respeqtjve permitted successors and assigns, and no other person or entity shall have or acquire any_right by virtue of this agreement. -7- IN WITNESS WHEREOF, the parties have executed or caused to be executed this Operating Agreement as of the date below. TamaraReed -8- 'OFFICERS The following person(s) are elected as officers of the Company: Name of Officer Dennis Gimian Tamara Reed Title President Director , ... -,, EXHIBITC ------~···---. _"',,_,_ ..... ~--------~ --- C Stat~ of California Seqretary of State I, DEBRA BOWEN, Se9retary of State of the State of California, hereby certify: That the attached transcript of ___ page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. Soc/Slate Fom1 CE-107 (RE:V 112007) IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of MAY 14 2009 &~~~ DEBRA BOWEN Secretary of Slate ~~ OSPOB '11441 ----------------L-~-~ ~#200913210036 State of Cali~ornia Secretary of ~tate LIMITED LIABILITY COMPANY ARTICLES OF ORGANIZATION ·, A $70,00 flllng fee must accompany. this form. f ~DORSED • FIJiED ,, I ft, f:.: i•&,14%11 llalt MAY 112009 IMPORTANT -Read Instructions before compJetlng this form. This Space For Fifing Ute Only , ' ENTITY NAME (End the name with the words "Limited UabllftY, bompany." or the abbrevlaUona 'LLC-or ~L.L.C." The worda "Limlled• and •eompany" may be abbreviated lo "Ltd." and •eo.,• respectively.) ; • 1. NAME OF LIMITED LIABILl1Y COMPANY Goldenwest Capital LLC PURPOSE (The following 11atament Is required by statute and ,hould not be aftered.) 2. THE PURPOSE OF THE LIMITED LIABILITY COMPANY IS TO ENGAGE IN ANY lAWFUL ACT OR ACTMTY FOR WHICH A LIMITED LIABILITY COMPANY MAY SE ORGANlzeO UNDER THE BEVERLY-KILL~ LIMITED LIABILITY COMPANY ACT. r; I'.:: INITIAL AGENT FOR SERVICE OF PROCESS (If the agent Is an lndMdual, Iha agent must reside In Califomla and both llems 3 and 4 must be completed. If Iha agent Is a corporaUon, the agent muet have oh' file with the Callfomla secretary of Stele a certlftcale pursuant to Corporations Code section 1505 and Item 3 must be completed (leave Item 4 blank). : : · 3. NAME OF INITIAL AGENT FOR SERVICE OF PROCESS Legalzoom.com, Inc. 1·-. 4. IF AN INDMDUAL, ADDRESS OF INITIAL AGENT FOR SERVlc~;oF PROCESS IN CALIFORNIA CITY MANAGEMENT (Cheek only one) 5. THE LIMITED LIASIUlY COMPANY WILL BE MANAGED BY: □ ONE MANAGER IZI MORE THAN ONE MANAGER □ ALL LIMITED llABILllY COMPANY MEMBER(&) ADDITIONAL INFORMATION STATE ZIP CODE · CA 6. ADDITIONAL INFORMATION SET FORTH ON THE ATTACHED PAGES, IF ANY, JS INCORPORATED HEREIN BY THIS REFERENCE ANO MADE A PART OF THIS CERTIFICATE:. ' ' EXECUTION 7, I DECLARE t AM THE PERSON WHO l!XECUTED THIS INSTRUMENT, WHICH EXECUTION IS MY ACT AND DEED. s1a12O00 &~~~~ l A ~\CE OJ:,-. I. ~ oATE is ""'1..,.oNA,,.,....ru..,.R-,-,w~~q..,.,'""'1z_e_R ______________ _ · ;Shella Dang ' TYPE OR PRINT NAME OF ORGANIZER LL<:-1 (REV04/2007) APPROVED av SECRETARY OF STATE 1, ii ;~~ir~ ~) ~-"iA:. .. ~ I - State of Pallfornia Secretafy of State i ·, STATEMENT O1,l INFORMATION (Limited Llablllty Company) 1-, Flllng Fee $20,00. If amendment. 11ie Instructions. IMPORTANT-READ INSTRUCTIONS BEFO!t.E COMPLETING THIS FORM LIMITED LIABILITY COMPANY NAME (Plt8ff do IIOl lllttr ii lll¥I!' It preprinltd.) 1 · i Goldenwest Capital LLC DUE DATE: r--~ ' FILE NUMBER AND STATE OR PLACE OF ORGANIZATj()N Lb. ENDORSED -FILED In the office of the secretaiy of State of the State of Callfomla JUN 112009 This Space For Fmng Use Only 2. SECRETARY OF STATE FILE NUMBER f·, , 3. STATl!ORPLACEOFORGANIZATION 200913210036 _; California COMPLETE ADDRESSES FOR THE FOLLOWING (Do n~t:abbrevlate the name of the city. ltems-4 and 6 c:annotbe P.O. Boxes.) 4. STR&ET ADDRESS OF PRINCIPAL &JCECVTIV& OFFICE f: CiTYANOSTATl! ZIPCOOE '. 3 Rana > Irvine CA 92612 -I) 5. CALIFORNIA OFFICE VMERE RECORDS ARE MAINTAINED (DOM~ll)'lC OHL VJ cnv STATE ZIP CODE 3Rana =': Irvine 92612 ; . CA NAME AND COMPLETE ADDRESS OF THE CHIEF !XEQIJTIVE OFFICER, IF ANY o. NAME ADDRESS l_:·f CITY AND STATE ZJPCOOE ;· .. j:; NAME AND COMPLETE ADDRESS OF ANY MANAG~ OR MANAGl!R8; OR IP NON! HAVE BEEN APPOINTED OR ELECTED, PROVIDE THE NAME AND ADDRESS OF EACH MEMS JI {Attach addllfonal pages, If necessary.) 7. NAME ADORESS , .. CITY ANO STAT& ZIPCODe t ·· Dennis Glmian 3Rana ' Irvine CA 92612 8. NAME AOORESS C CITY ANO STATE ZIPCOOE Tamara Reed 3Rana Irvine CA 92612 ' t .. NAME. . AIJOJ'lES& .. ; .CllY ANO. STATE . ZIE.CODE. -. . ,·. AGENT FOR SERVICE OF PROCESS (If lhe agenl 111 an lnci),ildual, Iha agent m1111t reside In California and Item 11 muat be to111pleted wllh a carlfomla address. II the agent 1, a corporatton, lhe agent must have on fi!Q"Wllh the California Secretary or Slate a cerlilicata pursuenl to Corporation& Code section 1505 and Item 11 m\1$1 be left blank.I ·· · 10. NAME OF AGENT FOR SERVICE OF ~ss Legalzoom.com, Inc. 11. AOCRESS OF AGENT FOR SERVICE OF PROCE6S IN CAUFOR~ iF AN INDl\llOUAl Cl1Y . ~ ~-STATE ZIPCOOE f! CA TYPE OF BUSINESS -;-.-f ~ 12. OEGCAIBE TH& 'l'YPE OF BUSINESS OF TH& LIMITED LIABILITY CQJ,!PANV ~:' Buy, Rehab and Sell Real Estate i- 13. THE INFORMATION CONTAINED ~REIN IS TRUE ANO CORRECT+ \ .... ··-··-···-·--··· -;Jlq· ··-····-·· ...... Lori Castille Authorized Rep. 05/20/09 TYPE OR PRINT NAME OF PERSON COMPl.linNG THI! FORM t· .. SIQNATURE TITLE OAT& LLC·22 (REV 05/2005) ~--~ APPROVED BY SECRiTARY OF &TATE ~ ; •· r'..&l IRS DEPARTMENT OF THE TREASURY ~ INTERNAL REVENUE SERVICE CINCINNATI OH 45999-0023 GOLDENWEST CAPITAL LLC DENNIS GIMIAN MBR 3 RANA IRVINE, CA 92612 i Date of this notice: 05-15-2009 Employer Identification Number: 27-0187487 Number of this notice: CP 575 B For assistance you may call us at: 1•800-829-4933 IF YOU WRITE, A'lTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN ~PLOYER IDENTIFICATION NUMBER ~ : Thank you for applying for an:~loyer Identification Number (EIN). We assigned you EIN 27-0187487. This EIN will ideqtify you, your business accowits, tax retums, and documents, even if you have no errpJ,.oyees. Please keep this notice in your pe:r:manent records. Hhen filing tax documents, paym,ents, and related correspondence, it is very important that you use your EIN and completetname and address exactly as shown above. Any variation may cause a delay in processing, r~~ult in incorrect information in your account, or even cause you to be assigned more than~o,ne EIN. If the information is not correct as shown above, please make the correction ~ing the attached tear off stub and return it to us. the ; ·, Based on the information rece~':,;ed from you or your representative, following form(s) by the date(~) shQWn. Fonn 1065 l = 04/15/2010 ' you must file If you have questions about tll!! fonn(s) or the due date(s) shown, you can call us at the phone number or write to us at ):he address shown at the top of this notice. If you need help in determining your annu~l accounting period (tax year), see Publication 538, Accounting Periods and Methods. · We assigned you a tax classif~~ation based on information obtained from you or your representative. It is not a legal ;<ietermination of your tax classification, and is not binding on the IRS. If you want a ·legal determination of your tax classification, you may request a private letter ruling frqm the IRS under the guidelines in Revenue Procedure 2004-1, 2004-1 I.R.B. 1 (or supers~ng Revenue Procedure for the year at issue). Note: Certain tax classification election'.s can be requested by filing Form 8832, Entity Classification Election. See Form 1ll832 and its instructions for additional information. A limited liability company ($cl may file Form 8832, Entity Classification Election, and elect to be classifie_d, as an association taxable as a corporation. If the LLC is eligible to be treated at.I. a corporation that meets certain tests and it will be electing S coxporation statµ. 's, it must timely file Form 2553, Jlection by a Small BusJ.ness Co.EpOration, The LIP will be treated as a corporation as of the effective date of the s coxporatiorr~lection and does not need to file Fonn 8832. ~· : To obtain tax forms and public~tions, including those referenced in this notice, visit our Web site at www.irs.gov. (I:f you do not have access to the Internet, call 1-800-829-3676 (Tr'I/TDD 1-800-829-4959) or visit your local IRS office.