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HomeMy WebLinkAboutCT 02-14-01; BRESSI RANCH RESIDENTAL PA 6; Engineering Application.. PROJECf NAME: PROJECf DESCRIP110N:_=:..::;..:;.a;;....~,.;a:..:=.:..:. ____ ..lI::..i::..:....~Oc-" __ .-....;.~...,..-~~~~.,:.;..;.;..;.;.;..;., ___ ___ PROJECT ADDRESS:.1:::!;~~..E..JE:..Sta:f~~!.Q--=rKdU-CLJ2.c;!~~~a:e~iJli~~~~. LOT NO(S).: "1= -2.3 I NUMBER OF LOTS: OWNER: Mailing Address: . .Phone Number: Fax Number: E-Mail: Mailing Address: Phone Number:' . Fax Number: E-Mail: Date:g--.3 ':'Ok, Signature:' SOILS ENGINEER: .FIRM·: Mailing Address: . .5'AiJ CI~90 CA" t.!>Z,.101 Phone Nuniber: lP(o) Z3j( ,411 Phone Number: Fax Number: ',cI) Z~" 034~ Fax Number: E-Mail: ~-Mail: . . . ,-. ",' .: . ....... " ',.' -~:. '. " '. '~ .. ; " ' ... :. " . -, . , .,' : . :', , . . '.~'. ..... " . :." " , ~ " , .. 'Dc;'Ite::· ..... ":' .. ":. '" . :',.'. ',: . . ," ,', : '., . -. _.' I.', -', . ~ " State Registration Number: State Registration Number: , < ..,. I-~':':::':~':":':':":~=====-L....:~"::=~~~=;:::::=~;:;::;~ ,< .: ADDmONAL COMMENTS: IMPROVEMENT VALUAtiON 1. What water district is the proposed project located in? (check one) DCarlsbad Municipal Water District DOIi.venhain 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, inCluding the '15% . DV~lIeGitos contingency fee, for water and reclaimed water improvementsr sewer (for Carlsbad 'M~nicipal < • Water District onlY)r streetr public (median) landscape and irrigationr and drainilg~ improvemel1~ (if applicable)? $' . GRADING QUANTITIES cut ___ cy fill ___ cy remedial ___ cy iinport __ _ export _ .. _____ Of < . SEE REVERSE SIDE H:/DEVELOPMENT SERVICEs/MASTERs/Application for Engineering Plan Check ~ ____ ~. _~; -~-;;;;i-;';' -;; .•. -lii".--•• _ •• _ ........ . ,0 Certificate of o Dedication of. Easement ',PR) '. ~ ___ + __ --:..' ~I-' ...;,<-'----1 . ' . 'Type;..: _____ '_" "'\-"-----1----+--------1 Type;..: _____ _ 'Type: o Encorachment Permit (PR) o Final Map (FM) o Grading Plancheck (DWG) o Improvement Plancheck o Parcel Map (PM) o QUitclaim of Easement (PR) o o Type:.,.: _____ _ Type:.,.: ______ _ , Type: Reversion to Acreage (RA) Street Vacation (STY) Tentative Parcel Map (MS) Certificate of Correction (CCOR) D Covenant of Easement (PR) 'D Substantial Conformance Exhibit (SCE) D Other ,. \ .' ", . . ,,--,': .' ' 1..1 .~! '. , .' . , , • ". ''':''~' • ,-,< • 'J " '.' Revised 1/14/02 ", ; .', . -', , Complete all PROJECT NAME: 13~<"b ( 1;p,.bX.rrl S?A 4:? ttfn?t4$ DATE: ___ ~-I--I---.-- PROJECT DESCRIP110N:_:...Uw=~~o:::.-_____ ----------_~ ___ ....,........-_ PROJECT ADDRESS: ________________ ---------_------- LOT NO(S).: CIJ,~I/4vz. NUMBER OF LOTS: . .3 OWNER: Mailing Address: MAP NO.: ______ APN(S).: NUMBER OF.ACRES: APPUCANT: Mailing Address: Phone Number: ..lli!.c+-~,-;~::.:::.~_" ?...:....:..7.:::;.2~ ___ _ Fax Number: 7~/~o(.l-77/7 Phone Number: (j~fMP ,eA-qza,/3 wtJlv~ -?Zi3 E-Mail: ~11t.fA'9M4~ e ~":)Afl.. <!..t:#1 I certify that I am the legal owner and that all the above information Is true and correct to t est of my knov~ledClIe.. Signature: CIVIL ENGINEER: ~.w:;;.:.:.=.;:......11~='::::;":""_-:'-_ FIRM: ifze~rl>'i6¢?l9 CD~q:A-N1,:S Mailing Address: '?)t "6/(~~::rnz(¢T~ ~ Fax Number: E-Mail: Signature: ~t1«(eA QZI6/, Phone Number: t,I9./Z"bR -(fir; / Phone Number: 8~i.1z ~S030 Fax Number: ~t1 / t:t." -63C/2 E-Mail: Fax Number: ~/Z1? .. 67'7( E-Mail: ~ If-' Affi&¥= ~4tft@;tQc,a;, "~I State Registration Number: tfzqS/ State Registration Number:' 1Z.~ l.(5?f:e3 M·q/~" ADomONAL COMMENTS: IMPROVEMENT VALUATION 1. What water district is the proposed project located ill? (check one) ~rlsbad Municipal Water District DOlivenhain .Qvalletitos 2. If in the carlsbad Municipal Water District, what is the total cost estil:nate, including the 15% contingencY fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, publiC;; (rp~dian) '~!l~s.~pe and. irrigation, and drainage improvements (if applicable)? " $ GRADING QUANTITIES cut ___ cy fill ___ cy remedial /B'!:> cy import ___ cy export ___ cy _. S,EE REVERSE SIDE • -_. ",----_" ..... -___ "" ' ...... ----__ •• _. _____ .M' ... ' __ ,.."_,_ ' ... _--_.. --,~-.--'-==·...,·=========;L CiTY OF CARLSBAD ;.' ENGINEERING' DEPARTMENT ::J/I1j 11 .. ··APPUCAnO,.:-:"' .'. - .. ENGINEERING PLI\N' CHECK .. . Complete all appropriate informat!on~ Write N/A.\yhen not applicable. PROJECT NAME: PROJECT ADDRESS: __________________________ _ LOT NO(S).: ),,/·2'1, 3S-5i<p~MAP NO.: ______ APN(S).: NUMBER OF LOTS: .53 NUMBER OF ACRES: .. OWNER: (!owt;'1tOC !f.lf/c§. ,-:n.."'L. APPUCANT: ~F6Y''0~ J..k11l~.:J:;).:<. I Mailing Address: 1'f;2'5 filJZAw Av~. tI~ Mailing Address: 15Z5liz.aPAY4;6 -#gcc; ~\1l-U.MP leA-qZ4:)!? (!A(lI.S~,4P ,CA Qza.,8 Phone Number: ~h/~ ,.?? 2-'3 Phone Number: ~!V6 -7723 Fax Number: 70C!~o(l-77/7 Fax Number: 7M'~lt( -72/2 E-Mail: [(811+.~~,I/t:) ~ ~":)Afl-. ~ h·, E-Mail: I certify that I am the legal owner and that all the above information is tru~e best of my knowl~,e. Signature: /~ Date: Cf/I4/tM Signature: Date:~£ CIVIL ENGINEER: t1A!-l/-!JA. to!{fl...<;' ( SOILS ENGINEER: ~I( k3M~ FIRM: ifze~r't:ca;{6J/9 Lb~'G.{A.Nt:$ Mailing Address: "";bl hr;/'51"1?t?tT#= ~ FIRM: kJ€ltlt?,.:J i-~, .t9 . :fI Mailing Address: 3'lP£' IIpgn1t' kiWl@t'J ~ 13~ ~ t1a:,rz, e4 12/6/ ~ l16aC' ,6t 1ZIZ-;S Phone Number: f3srrl-.z;;~&..'?bCJ Fax Number: M'S!Z1Z ~ 677 ( Phone Number: ~/9/Z$ -{fit; I Fax Number: fn/Z-S4'-(!X3<it:j E-Mail: E-Mail: "-~ M,,,.:X-'Q.,,., e. i.e.(§t{taJCte:, ,Go~rl State Registration Number: {{1/151 State Registration Number: \Z.CE:' f.{5?f:.'3 ~)$ <1/3<14 ADDmONAL COMMENTS: IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) ~rlsbad Municipal Water District DOlivenhain Dvallecitos . '" 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ GRADING QUANTITIES cut ,esC) cy fill 0 cy remedial <:2 cy import 0 cy export 'lf36{) cy SEE REVERSE SIDE H:/OEVELOPMENT SERVICESIMASTERSIApp/icalion for Engineering Plan Check Revised 1/14102 hJe.#/~ . -------CITY OF CARLSBAD -ENGINEERING DEPARTMENT tit APPLICATION e ENGINEERING PLAN CHECK Complete a" appropriate information. Write Nt A when not applicable. FOR CITY USE ONLY APPLICATION FOR PROJECT DRAWING DEPOSIT IFEES COMMENTS ( ./ all that apply) 1.0. NUMBER PAID D Adjustment Plat (AOJ) D Certificate of Compliance (CE) D Oedication of Easement (PR) Type: Type: Type: D . Encorachment Permit (PR) I D Final Map (FM) R Grading Plancheck (OWG) t,.-6.2 --/tlfr ~ '-{({---30 ~OIS 0 Improvement Plancheck (OWG) D Parcel Map (PM) D Quitclaim of Easement (PR) Type: . Type: Type: 0 Reversion to Acreage (RA) . 0 Street Vacation (STY) D Tentative Parcel Map (MS) D Certificate of Correction (CCOR) D Covenant of Easement (PR) D Substantial Conformance Exhibit (SCE) 0 other APPLICATION ACCEPTED BY: RECEIVED ~ -~ AUG 23 2004 C_QJ ---ENGINEERING DEPARTMENT DATE STAMP APPLICATON RECEIVED ... _-._ .... -~.-.. -----... _---.. ----_ ... " •• ' •• '. P"" _____ ~ __ "'1 __ ~I... __ I. " ___ '" 0 .... ,.; ........... ,,,,,,,,,, PROJECT NAME: 13~Cb ( '£P.t:XA:\ DATE: _""";"'-1-.....,1;.. __ PROJECT DESCRIPTION:--:'~&.l.~=&{.::;;.....L./ ____________________ _ PROJECT ADDRESS: _________________________ _ LOT NO(S).:~..,.3Gj/s:5-5lJ,.;50,D$MAP NO.: ______ APN(S).: NUMBER OF LOTS: ljoi.{ -illl 21.. NUMBER OF ACRES: OWNER: if; .YJ,!:L . Mailing Address: 1~2S @gAp1tf Ave:. t/3f:!o &1UkJMP ,CA CZZ4')/3 Phone Number: i'iWe ~ ?'72 3 Fax Number: ?fCC'/~ol.l-77/7 E-Mail: ~i1f.~..:pH4./1Al ~~~AfL. <!t:-/J.'1 I certify that I am the legal owner and that all the above information Is true and correct to e be of my kno~~". / Signature: Date:~ FIRM: We"2121: '1i:)=:S¢1I0 Co~c{A-.NhS Mailing Address: 'ibt "e" t!:.T!Zg2£C-#= M! ~ \4<i&2< fA qZId Phone Number: t:.19./Z.$ .:. (fit; / Fax Number: /;/1/ t"SL/ -63C{t:j E-Mail: State Registration Number: t./Z.t15/ ADDmONAL COMMENTS: APPUCANT: ."0~ l~' . Mailing Address: 15Z5 ~4v6 -Ifg;:x; ~AfU.S>lo/t/? leA-q~8 Phone Number: li0a/~ .... ?7Z:S Fax Number: '7~/&Jr''''' 72/9 E-Mail: ~~~@.~~tC...~,..,..., Signature: ~. . Date:~ SOILS ENGINEER: ~I( k9Ac"a~ FIRM: kJMn~ 4-~. Mailing Address: 39m'" IIggrn1~ tw!¢fJ f..t,ifl5 . ' ~ U<:M,c,t 1ZI?3 Phone Number: . 5Sf!/Z1Z ~~ . Fax Number: Me!Z12 ... 6771 E-Mail: f!.. ~Af11t.;-.cazJ~-Le:,€rHtdb.i4EP .~1 State R~gistration Number: 1Zf.E: 'I5?f?3 t:;g: q/3tJ~ IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) ~rlsbad Municipal Water Di~rict DOlivenhain Dvallecitos 2. If in the carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ GRADING QUANTITIES cut ___ cy fill ___ CY remedial h I(J{J cy import ___ cy export ___ cy SEE REVERSE SIDE H:/OEVELOPMENT SERVICES/MASTERS/ApplicatiOn for Engineering Plan Check ------------------------------------------------, CIY CARLSBAD -ENGINEERING,DEPA.,ENT APPUCATION ." ENGINEERING PLAN CHECK Complete all appropriate Information. Write N/ A when not applicable. FOR CITY USE ONLY . APPLICATION FOR PROJECT DRAWING DEPOSIT IFEES COMMENTS ' , ( -/ all that apply) I.D. ' NUMBER" PAID· .. 0 Adjustment Plat (AOJ) 0 Certificate of Compliance (CE) 0 Dedication of Easement (PR) Type: Type: Type: 0 Encorachment Permit (PR) 0 Final Map (FM) -.~ Grading Plancheck (OWG) 0 Improvement Plancheck (OWG) 0 Parcel Map (PM) 0 Quitclaim of Easement (PR) Type: Type: Type: 0 Reversion to Acreage (RA) . 0 Street Vacation (STY) 0 Tentative Parcel Map (MS) 0 Certificate of Correction (CCOR) 0 Covenant of Easement (PR) 0 Substantial Conformance Exhibit (SCE) 0 Other APPLICATION ACCEPTED BY: . DATE STAMP APPUCATON RECEIVED CARLSBAD.-ENGINEERING' APPLICATION ;.>. ~' , ..... ,-;. ~l ... :~'_~ .. -: ... <;'.· -;..: ~"',~:-:' " PROJECT NAME: Bressi Ranch Planning Area 6 Unit 1 PROJECT DESCRIPTION: 63 single-family homes, 1 HOA lot DATE: May 12, 2003 PROJECTADDRESS:. __ ~ca~r=ls~ba~d~,_C~A~ ________________________________ ~ __ ~~ __ _ LOT NO(S).: -...;..1-.....;6.....;4 ____ MAP NO.: ______ APN(S).: NUMBER OF LOTS: 64 NUMBER OF ACRES: 22 .5 acres OWNER: Bressi Gardenlane, LLC Mailing Address: 5780 Fleet street, #320 Carlsbad, CA 92008 Phone Number: 760-918-7765 ~~~~~=------------ Fax Number: 760-918-8868 E-Mail: kzortman@lennar.com and that all the above infonnation is of my knowledge. Signature: Date OVIL ENGINEER: ____ G_re_g"'---'S_h_i_e_ld_s ______ _ FIRM: PrQjectDesign Consultants Mailing Address: 701 B street #800 , San Diego, CA 92101 Phone Number: 619 235 6471 Fax Number: 619-234-0349 E-Mail: State Registration Number: 42951 ADDmONAL COMMENTS: APPUCANT: Bressi Gard~lane, LLC Mailing Address: 5780 Fleet street, #320 Carlsbad, CA 9200.8 Phone Number: 760-918-7765 ~~~~~~----------~ Fax Number: 760-918-~868 E-Mail: kzortman@lennar.com Signature: SOILS ENGINEER: Ranqall Wagner .. ~ -L.A·9; DateQ: T Vv' FIRM: Leighton & Associates Mailing Address: 3934 'Murphy canyob Rd San Diego, CA 92131 Phone Number: 858 292-6030 Fax Number: 858-292-0771 E-Mail: State Registration Number: IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) jlgcarlsbad Municipal Water District DOlivenhain DVallecitos 2. If in the carlsbad Municipal Water District, what is the total cost estimate,including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and dra.inage improvements (if applicable)? $ \ , 1;(';, tJoO GRADING QUANTITIES cut 27 ;000 Of fill 27,000 cy remedial 0 cy import o Cy export __ 0 ___ cy SEE REVERSE SIOJ: Glof-i CXWF CARLSBAD -ENGINEERING DEPTENT APPUCATION ENGINEERING PLAN CHECK Complete all appropriate information. Write NI A when not applicable. . . FOR CITY USE .ONLY . APPUCATION FOR PROJECT DRAWING DEPOSIT/FEES COMMENTS ( .(' all that apply) I.D. NUMBER PAID 0 Adjustment Plat (ADJ) 0 Certificate of Compliance (CE) 0 Dedication of Easement (PR) Type: Type: Type: 0 Encorachment Permit (PR) 0 Final Map (FM) 0 Grading Plancheck (DWG) 0 Improvement Plancheck (DWG) 0 Parcel Map (PM) 0 Quitclaim of Easement (PR) Type: Type: Type: 0 Reversion to Acreage (RA) 0 Street Vacation (SlV) 0 Tentative Parcel Map (MS) 0 Certificate of Correction (CCOR) 0 Covenant of Easement (PR) 0 Substantial Conformance Exhibit (SCE) 0 Other I APPUCATION ACCEPTED BY: I u.,nc\/ClnOt.ACMT C::::CO\lIrC~/U6C::T&:R~fAnnliNltinn fnr I=nninPPrinn PI~n r.hpr.k P~oe 2 DATE STAMP APPUCATON RECEIVED Revised 1/14102 PROJECT PLAN REVIEW COMPLETION The following project plan have been reviewed and are recommended for approval: Project Name: Project No.: Dwg .. No.: Sheets No.: 1 BRESSI RANCH, P A-6 CT 02-14(1) 411-3 through 7 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial compliance with apJ'llicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities with state and local ordinances. Helming Engineering Co., Inc. 1650 Linda Vista Drive, Suite 202 San Marcos, CA 92069 (760) 744-9801 Douglas L. Helming, RCE 23874 Expiration Date 12/31/05 PROJECT PLAN REVIEW COMPLETION The following project plan have been reviewed and are recommended for approval: Project Name: Project No.: Dwg .. No.: Sheets No.: 1 BRESSI RANCH, PA -6 (Models) CT 02-14(1) 411-3C through 3 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial compliance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities with state and local ordinances. Helming Engineering Co., Inc. 1650 Linda Vista Drive, Suite 202 San Marcos, CA 92069 (760) 744-9801 Douglas L. Helming, RCE 23874 Expiration Date 12/31/05 • PROJECT PLAN REVIEW COMPLETION The following project plan have been reviewed and are recommended for approval: Project Name: Project No.: Dwg .. No.: Sheets No.: 1 BRESSI RANCH, PA-6 CT 02-14(1) 411-3E ~ through 4 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over th.e plan review of this project as defined in Section 6703 of the Business and Profes$ions Code to determine that the plans are found to be in substantial compliance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities with state and local ordinances. Helming Engineering Co., Inc. 1650 Linda Vista Drive, Suite 202 San Marcos, CA 92078 (760) 744-9801 Signed'---_-P=-"'O'''---7.GT--I--I~~:..:.....:...~.c:;_-----Date Douglas L. Helming, RCE 23874 Expiration Date 12/31/05 • PROJECT PLAN REVIEW COMPLETION The following project plan have been reviewed and are recommended for approval: Project Name: Project No.: Dwg .. No.: Sheets No.: 1 BRESSI RANCH, P A-6 CT 02-14(1) 411-3A through 1 OECLARA liON OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to qetermine that the plans are found to be in substantial compliance with applicabl~ codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities with state and local ordinances. Helming Engineering Co., Inc. 1650 Linda Vista Drive, Suite 202 San Marcos, CA 92069 (760) 744-98 Douglas L. Helming, RCE23874 Expiration Date 12/31/05 Date s.3 -/ b--01 ) ... :. ~:.~:: .:. '" ~ • PROJECT PLAN REVIEW COMPLETION The following project plan have been reviewed and are recommended for approval:" Project Name: Project No.: Dwg .. No.: Sheets No.: 1 BRESSI RANCH, PA-6 . CT 02-14(1) 411-3D through 8 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial compliance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities with state and local ordinances. Helming Engineering Co., Inc. 1650 Linda Vista Drive, Suite 202 San Marcos, CA 92078 (760) 744-9801 Signed'--____ -+-i~'--7"F___I_f_.".=."--L.<.-""-"-.:.;;.c:::I__-- Douglas L. Helming, RCE 23874 Expiration Date 12/31/05 C,--r D 2.,~ ft,.fU} 'RLt. ~I H GUARANTEE ORTH MERICAN TITLE INSURAtlCE COMPANY J ,:>-. "'. 2185 NORTH CALIFORNIA BLVD., SUITE 575 • WALNUT CREEK, CALIFORNIA 94596 ~925) 935-5599 , NORTH AMERICAN TITLE INSURANCE COMPANY PRESIDENT BY ASSISTANT SECRETARY SUBDIVISION GUARANTEE e CLTA GUARANTEE FORM NO. 14 P-35 (G.5.) REV. 3-75 SUBDIVISION GUARANTEE FEE: $190.00 ORDER NO.: 7002010-23 DATED: MARCH 4, 2004 SUBDIVISION: CARLSBAD TRACT CT02-14 UNIT l' NORTH AMERICAN mLE INSURANCE COMPANY A CAliFORNIA CORPORATION GUARANTEES THE COUNTY OF SAN DIEGO AND ANY CITY WITHIN WHICH SAID SUBDIVISION IS LOCATED IN A SUM NOT EXCEEDING $1,000.00 THAT, ACCORDING TO THOSE PUBliC RECORDS WHICH, UNDER THE RECORDING LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFEcTING THE TITLE TO THE LAND INCLUDED WITHIN THE EXTERIOR BOUNDARY SHOWN ON THE MAP OF THE ABOVE REFERENCED ' SUBDIVISION, THE ONLY PARTIES HAVING ANY RECORD mLE INTEREST IN SAID LAND WHOSE SIGNATURES ARE NECESSARY, UNDER THE REQUIREMENTS OF THE SUBDIVISION MAP ACT, ON THE CERTIFICATES CONSENTING TO THE RECORDATION OF SAID MAP AND OFFERING FOR DEDICATION ANY STREETS, ROADS, AVENUES AND OTHER EASEMENTS OFFERED FOR DEDICATION· BY SAID MAp ARE AS SET FORTH IN SCHEDULE A. cs NORTH AMERICAN mLE INSURANCE COMPANY A CALIFORNIA CORPORA~ BY:hY~ AUTHORIZED SIGNATORY , SUBDIVISION GUARANTEE e CLTA GUARANTEE FORM NO. 14 P-35 (G.S.) REV. 3-75 SCHEDULE A THE MAP HEREINBEFORE REFERRED TO IS A SUBDIVISION OF: LOT 6 OF CARLSBAD TRACT MAP NO. 00-06; IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14600, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON JANUARY 14, 2004 OF OFFICIAL RECORDS THE PARTIES HEREINABOVE REFERRED TO ARE: 1. BRESSI GARDENLANE, LLC, A DELAWARE LIMITED LIABILITY COMPANY -OWNERS 2. THE SIGNATURE OF EITHER THE TRUSTEE OR THE BENEFICIARY NAMED BELOW, BUT NOT BOTH, WILL BE REQUIRED'UNDER THE PROVISIONS OF SECTION 6'6436(A)2 OF THE SUBDIVISION MAP ACT FOR THAT DEED OF TRUST. ' EITHER BANK ONE, NA, A NATIONAL BANKING ASSOCIATION"AS TRUSTEE'OR BANK ONE, NA, A NATIONAL BANKING ASSOCIATION, .AS BENEFICIARY, UNDER DEED OF TRUST RECORDED FEBRUARY 27, 2003 AS INSTRUMENT NO. 2003-0217408, OF OFFICIAL RECORDS, (5 continued) in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Payor Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to payor settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebt- edness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reason- able attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate al! lia- bility of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebted- ness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the .Company for cancellation. (b) To Payor Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To payor otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligat- ed to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or dam- age by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee ' he Assured shall not exceed the least of: (a) the amouJlt of l\'abillty stated in Schedule A or In Part 2; (b) the amount of the unpaid principal indebted- ness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest theron; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Gu"arantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by' the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except pay- ments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrog~­ tion shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any per- son or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. . If a payment on account of a claim does not fully • er the loss of the Assured the Company shall be . rogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pur- suant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitra- ble matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any prOVision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the PreSident, a Vice PreSident, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and be addressed to it at its main office at 2185 N. California Blvd., Suite 575, Walnut Creek, California 94596.