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Home My WebLink AboutCT 06-24; BRESSI RANCH VILLAGE CENTER; Tentative Map (CT)r---·--. 1) □ □ D 0 0 D D D D 0 □ □ □ 2) 3) 4) • • CITY OF CARLSBAD · LAND USE REVIEW APPLICATION - APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR (FOR DEPARTMENT DEPARTMENT USEONLYl USE ONLY) Administrative Permit □ Planned Industrial Permit Administrative Variance □ Planning Commission Determination Coastal Development Permit " Ill"-..-_.. --lr1 □ Precise Development Plan Conditional Use Permit I., 'V r \.JIO'--'l 1 □ I Redevelopment Permit Condominium Permit ~ Site Development Plan ~np OCoOI .. , Envfronmental Impact Assessment □ Special Use Permit General Plan Amendment □ Specific Plan Hillside Development Permit □ +el'ltative PaFsel Maf:l Obtain from Engineering Department Local Coastal Program Amendment ~ Tentative Tract Map c.,-rt,., 0~ -J Master Plan {Mmo~ ~~\&)'bf'-1~1) mp 17 Kr D Variance Minor Conditional Use Permit □ Zone Change Non-Residential Planned Development □ List other applications not specified Planned Development Permit ASSESSOR PARCEL NO(S).: 213-191-02 n ---------------------------~ PROJECT NAME: Bressi Ranch Village Center D ----------------------------= BRIEF DESCRIPT10N OF PROJECT: Approximately 122,000 SF local shopping center,with grocery, druastore and other related retail/commerical services. 5) OWNER NAME (Print or Type) LNR Bressi Commerical, Inc. 6) APPLICANT NAME (Print or Type) Hofman Planning & Engineering MAILING ADDRESS 4275 Executive Square, Suite 210 CITY AND STATE La Jolla, CA ZIP 92037 MAILING ADDRESS 5900 Pasteur Court, Suite 150 TELEPHONE CITY AND STATE 858--410-9760 Carlsbad, CA ZIP 92008 TELEPHONE 760-438-1465 EMAIL ADDRESS: JWilliams@lnrproperty.com = EMAIL ADDRESS: malves@hofmanplanning.com I CERTIFY THAT I M THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE INFORMATION I TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOW LED E CORRECT TO THE BEST OF MY KNOWLEDGE. 7) Je;, f 13 [ o'--lo/u;/06 DATE / I DATE • RIEF LEGAL DESCRIPTION LOT 5 OF CARLSBAD TRACT MAP CT 03-03, CARLSBAD, SAN DIEGO, ~"'-eru-,At-1 (fa(. CA, MAP 14800, RECORDED MAY 21, 2004, AMENDED SEPT.30, 2005. NOTE: A PROPOSED.PROJECT REQUIRIN,G MUl;.TIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO3:30 P.M. A PROPOSED PRO:JECT REQUIRING ONLY Oij~ APPLICATION BE FILED, MUST. BE SUBMITTED PRIGR TO 4:00'P;M., · -' 1- Forrn 14 Rev. 03/06 PAGE 1 OF 5 l ' '• • 8) LOCATION OF PROJECT: Bressi Ranch PA 15, Lot 5 ON THE jEast ----(-,-NO_R_T"'"'H-, s,...,o.,..,u=TH-, =EA_S_T_, W_E_S__,T) • STREET ADDRESS SIDE OF j E! Fuerte (NAME OF STREET) BETWEEN / Gateway Road (NAME OF STREET) AND I Bressi .. Ranch Way-----· ........ -·-· __ ____, (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE j11 10) PROPOSED NUMBER OF LOTS □11) NUMBER OF EXISTING □12) PROPOSED NUMBER EJ RESIDENTIAL UNITS OF RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION ~14) PROPOSED IND OFFICE/ D 15) PROPOSED COMM li.:_Jae SQUARE FOOTAGE SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED EJ17) PROPOSED INCREASE n18) PROPOSED SEWER EJ PROJECT IN OPEN SPACE INADT USAGE IN EDU 19) GROSS SITE ACREAGE B20) EXISTING GENERAL ; C-L I 21) PROPOSED GENERAL [s] PLAN PLAN DESIGNATION 22) EXISTING ZONIN~ !P-C 123) PROPOSED ZONING EJ24) HABITAT IMPACTS B (Brt~ j 'fM1c.'1 IF YES, ASSIGN HMP # 25) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR ClTY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. lNI/E CONSENT TO ENTRY FOR IS PURPOSE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED form 14 Rev. 03/06 FEE REQUIRED [; i ... t ,. r-,~ ~ ... J ,'.' :' . ) RECEIVED BY: PAGE 2 OF 5 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: ___ B __ r~e~ss_i R_a.....,.n--c~h_V_i~lla_,..,8-e~C--'---,-e_nt'--"e--r ________ _ APPLICANT NAME: __ _,_H....,Q ...... f ...... m...,,.a ...... n,_,_P....:..;la....,n ....... n-'-4jn...._g;;,....x,& ....... E.....,n-g...,_jn,...e'-.>Ce"-',rio....,.g _______ _ 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: The proposed project site is located south of Gateway Road, east of Nygard, north Bressi Ranch Way and west of El Fuerte Street. The site is undeveloped with a total area of 13.72 acres. The proposed Bressi Ranch Village Center will consist of approximately 122,085 SF of retail/commercial space within eleven buildings on eight parcels. The proposed project requires: • Tentative Tract Map • Minor Master Plan Amendment • Site Development Plan • Conditional Use Permit This project will require a Master Sign Program. The Sign Program will be submitted in separate package. An application for a Lot Line Adjustment (ADT 06-20) that relates to the property boundary line of the commercial site and Boys & Girls Club site (CUP 06-08) was submitted to the Engineering Department on October 19, 2006. City of ca·rlsbad l@Ei,i,i 1,i·l•J4¥bU,i4h• DISCLOSURE STATEMENT 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 inforrpation is completed. Please print. Note: . -(, ·'·:.. , \i,, :., .·, , . -: _ . ,.·, ,, .. : . , ·.-:. ,_;-:.. .•. . . Person is defih~d-.as_ "ArJy jndivid~~'!;:.(irm_,;.9p~par:tnership;:'}bir:it-Ye.nt4re; asso,cic:1tiqn;'.:\sqcial club, fraternal org?nfiation, corporation,· estate;. trust, receiyet(~yti\:di'c~te;)n'·thisran0/ari'y,:ot;tier-:~otl_~tyi:·c1ty: a,°ntj':~9ynt:y, city mtinicipality, district or other political'~u~djvisj~r(or a~Y·o_ti:i~r. ~~R~P.A(~ombJriat{o~n -~~ti_n~-.~~:a·~(lit." _·. :_,_ · .. ' :'.:,:: : . Agents may ·si~~ ~hi$. docum~~r-~o~e:~r.:· t~·e:[eg~; ·n_a~e: ~-~~ ., ~-~ti_ty..· -~Uh~--;~~lic~~f. ·and . property o~ner must be provided be.low .. · · .. .·, · · · 1. APPLICANT (Not the applicant's agent) 2. Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or ·partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO 1NDIVIDUALS OWN MORE THAN 10%. OF THE SHARES, PLEASE INDlCATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) ·- Person.___________ Corp/Part, ___________ _ Title ___________ _ Title. _____________ _ Address __________ _ Address. ____________ _ OWNER (Not the owner's agent) Provide the COMPLETEr LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also_, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership inc[udes a corporation or partnershfp, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, ·PLEASE INDICATE NON-APPLICABLE {N/A) IN THE SPACE BELOW. If a publicly-owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) · N/-A Person ___ __._ _______ _ Corp/Part'------------- Title ___________ _ Title. _____________ _ Address _________ _ Address, ____________ _ OvJ,-.ie/L-IS l.N.~ ~ I CoM~IJ-.-L },.it.. -H 0 ll'lt>-1..J\J:>ll\l'sl.$ 01.N,-.I 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • WWl'V.ci.carlsbad.ca.us @ Mo~~ 7+-{-~,-J lo/, of" "'i°l-\-6 st\-A~. 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 organizr;1tion or as trustee or beneficiary of the. Non Profit/Trust'----------Non Profit/Trust. ________ _ Title___________ . Title ____________ _ Address _________ _ Address. ___________ _ 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (.12) months? D· Yes ~o If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. · I certify that all the above information is true and correct to the best of my knowledge. Signature of applicant/date '· Print or type name of owner L--rl ~ f».e-~~' ~MK~I At. I .l }Jc.. • Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:AOMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 f,f"o; ........ ·t'. • • City of Carlsbad IQEhhhU~■·N•iUHi,Ui,JI HAZARDOUS \VASTE AND SUBSTANCES STATEMENT 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 Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Cade. 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 PROPERTY OWNER Name: ~~{\1::J e ~; Ck-'.W, Address: 5'9 00 Tuf;,.MX cl, 15D Name: Lt-\~ B12:-e.s.s:\ CoK~e~c..1>-\.. \,le . Address: 1:'2.-"15 E°>Ce-e.1.,}\"\'1e-Ssw~~ ,Su\,-~ 2.to CAALsMP I CA CfZM~ 4 .Jc:.>lA.-}k I LA q '2-0317 Phone Number: 369 ~ '-£3,~ ,... {'/(fl< Phone Number: (.2-s-s) 1\ ~ -q 1 <Po Address of Site: ]?A, 15 :Bt-e ss; ~ch W\.Qs::\-e.-r: ~ \..o........n, Local Agency (City and County): CA1Z--l Sbf\-0 1 ~ :J);e 1f? Assessor's book, page, and parcel number: d-l ::>--19 ( -0 'd- Specify llst(s): __________________________ _ Regulatory Identification Number: _____________________ _ Date of List: ____________________________ _ lu/w/oo I I Admin/Counter/HazWaste JO 13 0 (.. Signature/Date ~ Lt-lit.. ~, 4=-1'-V'\~A. L 11" c_ • 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ --NORTH AMERICAN TITLE COMPANY 505 S. Main Street, #101 • Orange, CA 92868 Tel: (714) 550-6500 • Fax: (714) 667-0338 Direct (714) 550-6415 • e-mail mwardle@nat.com TRANSMITTAL PROJECT DESIGN CONSULTANT 701 "B" STREET # 800 SAN DIEGO, CA 92101 ATTENTION: PHIL HATLEM DATE: September 5, 2006 YOUR REF: BRESSI RANCH PA-15 STREET DEDICATION OUR ORDER NO.: 7004411-23 In connection with the above-referenced matter, we enclose the following: • Preliminary Title Report UPDATED AUGUST 29, 2006 Please let me know if I can be of any further assistance. Sincerely. ~fY~ Mark Wardle Chief Title Officer Development Services Division Cc: NONE - NORTH AMERICAN TITLE COMPANY 505 S. Main Street Suite 101 Orange, CA 92868 (714) 550-6500 (800) 464-6282 Fax: (714)667-0338 Email: mwardle@nat.com PROJECT DESIGN CONSULTANT 701 "B" STREET # 800 SAN DIEGO, CA 92101 ATTENTION: PHIL HATLEM YOUR REF: BRESSI RANCH PA-15 STREET DEDICATION OUR ORDER NO. 7004411-23 UPDATED/ AMENDED DATED AS OF AUGUST 29, 2006 AT 7:30 A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, NORTH AMERICAN TITLE 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 IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDmONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN THE ATTACHED LIST. 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. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDmON OF mLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THE FORM OF POLICY OF illLE INSURANCE CONTEMPLATED BY THIS REPORT IS: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY. TITLE OFFICER: MARK WARDLE Page 1 --ORDER NO. 7004411-23 IMPORTANT NOTICE california Assembly Bill 512 ("AB 512") is effective on January 1, 1990. Under AB 512, all title companies may only make funds available for monetary disbursal in accordance with the following rules: 1. Same Day Availability. Disbursement on the date of deposit is allowed only when funds are deposited to NATC in cash or by electronic transfer (wire). Bear in mind that cash will be accepted from customers only under special circumstances as individually approved by management. 2. Next Day Availability. If funds are deposited to NATC by cashier's checks, certified checks, or teller's checks, disbursement may be on the next business day following deposit. A "teller's check" is one drawn by an insured financial institution against another insured financial institution (e.g., a savings and loan funding with a check drawn against an FDIC insured bank). 3. 3-7 Banking Days Availability (Regulation CC). If the deposit is made by checks other than those described in Paragraphs 1 and 2 above, disbursement may occur on the day when funds must be made available to depositors under Federal Reserve Regulation CC. This requires a "hold" on some checks of 2-7 banking days or longer in some instances. Personal checks, drafts, private corporation and company checks, and funding checks from mortgage companies that are not teller's checks are among those checks subject to such holds. (For further details, consult Chapter 598, statutes of 1989.) Note: The above guidelines are in conformity with those issued by the Department of Insurance for all California Title Insurers. Page 2 --ORDER NO. 7004411-23 SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAITTR DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: LNR BRESSI COMMERCIAL, INC., A CALIFORNIA CORPORATION 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HEREWITH AND MADE A PART HEREOF Page 3 --ORDER NO. 7004411-23 EXHIBIT "A" (LEGAL DESCRIPTION) LOT 5 OF CARLSBAD TRACT MAP CT 03-03, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NUMBER 14800 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MAY 21, 2004, AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED SEPTEMBER 30, 2005, AS FILE NO. 2005-0850805, OFFICIAL RECORDS. EXCEPTING THEREFROM, ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOW, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH OR ENTER UPON THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND. AS RESERVED IN THE DEED RECORDED MAY 28, 2004, AS INSTRUMENT NO. 2004-0495514 Page 4 --ORDER NO. 7004411-23 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDmON TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. GENERAL AND SPECIAL PROPER1Y TAXES, AND ANY ASSESSMENTS COLLECTED WITH TAXES, INCLUDING UTILI1Y ASSESSMENTS, ARE A LIEN NOT YET PAYABLE TO BE LEVIED FOR THE FISCAL YEAR 2006/2007. B. GENERAL AND SPECIAL PROPER1Y TAXES FOR THE FISCAL YEAR SHOWN BELOW HAVE BEEN PAID. AMOUNTS FOR PRORATION PURPOSES ARE: FISCAL YEAR: TOTAL AMOUNT: FIRST INSTALLMENT: SECOND INSTALLMENT: EXEMPTION: CODE NO.: PARCEL NO.: 2005-2006 $36,892.24 $18,446.12 $18,446.12 $NONE 09165 213-191-02 SUPPLEMENTAL TAXES FOR THE FISCAL YEAR SHOWN BELOW, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. FISCAL YEAR: FIRST INSTALLMENT: SECOND INSTALLMENT: DELINQUENT AFTER: PENAL1Y: COST: CODE NUMBER: PARCEL NUMBER: SUPPLEMENTAL BILL NO.: 2005-2006 $12,900.35 PAID $12,900.35 OPEN APRIL 10, 2006 $ 1,300.03 $10.00 09165 213-191-02 9000011500 SUPPLEMENTAL TAXES FOR THE FISCAL YEAR SHOWN BELOW, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. FISCAL YEAR: FIRST INSTALLMENT: SECOND INSTALLMENT: DELINQUENT AFTER: PENAL1Y: COST: CODE NUMBER: PARCEL NUMBER: SUPPLEMENTAL BILL NO.: 2005-2006 $49,999.99 PAID $49,999.99 OPEN APRIL 10, 2006 $ 5,009.99 $10.00 09165 213-191-02 9000011600 Page 5 --ORDER NO. 7004411-23 C. A "NOTICE OF SPECIAL TAX LIEN" PURSUANT TO SECTION 3114.5 OF THE STREETS AND HIGHWAYS CODE AND SECTION 53328.3 OF THE GOVERNMENT CODE. RECORDED: NAME OF SPECIAL TAX DISTRICT: APRIL 26, 1994 AS INSTRUMENT NO. 1994-0277976, OF OFFICIAL RECORDS COMMUNITY FACILITIES DISTRICT NO. 3 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT FOR FURTHER INFORMATION CONCERNING THE CURRENT AND ESTIMATED FUTURE TAX LIABILITY OF OWNERS AND PURCHASERS AT REAL PROPERTY SUBJECT TO THIS SPECIAL TAX LIEN, INTEREST PERSON SHOULD CONTACT THE FOLLOWING DESIGNATED PERSONS: THE ASSISTANT SUPERINTENDENT OF BUSINESS SERVICES; THE CARLSBAD UNIFIED SCHOOL DISTRICT; MR. JOHN BLAIR, SECRETARY OF THE CARLSBAD UNIFIED SCHOOL DISTRICT 801 PINE AVENUE; CARLSBAD, CALIFORNIA 92008-2439 THE PROVISIONS OF SAID TAX LIEN WERE EXTENDED TO INCLUDE THE HEREIN DESCRIBED LAND, BY AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN ANNEXATION NO. 7 RECORDED DECEMBER 4, 2001 AS INSTRUMENT NO. 2001-0886438, OFFICIAL RECORDS. D. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 1. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. 2. AN AGREEMENT BETWEEN LENNAR BRESSI RANCH VENTURE, LLC AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC UTILmES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1, RECORDED DECEMBER 11, 1998 AS FILE/PAGE NO. 1998-0806517 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 3. A DECLARATION OF DEVELOPMENT COVENANTS, CONDmONS, AND RESTRICTIONS WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELmNG ANY COVENANT, CONDITION, OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, TO THE EXTENT SUCH COVENANTS, CONDmONS, AND RESTRICTIONS VIOLATE mLE 42, SECTION 3604(C) OF THE UNITED STATES CODES. RECORDED: FEBRUARY 11, 1999 AS FILE/PAGE NO. 1999-0085754 OF OFFICIAL RECORDS Page 6 --ORDER NO. 7004411-23 4. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: FEBRUARY 9, 1999 LENNAR BRESSI RANCH VENTURE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND GENERAL AMERICAN LIFE INSURANCE COMPANY, A MISSOURI CORPORATION AGREEMENT AND COVENANTS RUNNING WITH THE LAND FEBRUARY 18, 1999 AS FILE/PAGE NO. 1999-0098738, OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 5. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENTITLED "HOLD HARMLESS AGREEMENT DRAINAGE", EXECUTED BY LENNAR BRESSI RANCH VENTURE LLC, AND BETWEEN THE CITY OF CARLSBAD RECORDED JUNE 26, 2003 AS INSTRUMENT NO. 2003- 0760170 OF OFFICIAL RECORDS. 6. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENTITLED "HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE", EXECUTED BY LENNAR BRESSI RANCH VENTURE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND BETWEEN THE CITY OF CARLSBAD RECORDED JUNE 26, 2003 AS INSTRUMENT NO. 2003-0760171 OF OFFICIAL RECORDS. 7. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENTITLED "HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE", EXECUTED BY LENNAR BRESSI RANCH VENTURE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND BETWEEN THE CITY OF CARLSBAD RECORDED JUNE 26, 2003 AS INSTRUMENT NO. 2003-0760173 OF OFFICIAL RECORDS. 8. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: PUBLIC UTILmEs NOVEMBER 7, 2003 AS INSTRUMENT NO. 2003-1351662 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: THOSE CERTAIN STRIPS OF LANDS 7.00 FEET IN WIDTH LYING ADJACENT TO AND COINCIDENT WITH THE EXTERIOR BOUNDARY OF SAID "EL FUERTE STREET" Page 7 -ORDER NO. 7004411-23 9. A DECLARATION OF DEVELOPMENT COVENANTS, CONDmONS, AND RESTRICTIONS WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDmON, OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, TO THE EXTENT SUCH COVENANTS, CONDmONS, AND RESTRICTIONS VIOLATE illLE 42, SECTION 3604(C) OF THE UNITED STATES CODES. RECORDED: MAY 28, 2004, AS INSTRUMENT NO. 2004-0495513 OF OFFICIAL RECORDS 10. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: $3,484,000.00 MAY 28, 2004 LNR BRESSI COMMERCIAL, INC., A CALIFORNIA CORPORATION NORTH AMERICAN illLE COMPANY BRESSI GARDENLANE, LLC, A DELAWARE LIMITED LIABILITY COMPANY MAY 28, 2004, AS INSTRUMENT NO. 2004-0495515 OF OFFICIAL RECORDS 11. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: PUBLIC UTILmEs OCTOBER 15, 2004, AS INSTRUMENT NO. 2004-0980687 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: THOSE CERTAIN STRIPS OF LAND 13.00 FEET IN WIDTH WITHIN SAID LOT, SAID STRIP LYING ADJACENT TO AND COINCIDENT WITH THE EXTERIOR BOUNDARY OF THE PUBLIC STREET SHOWN AND DELINEATED AS "GARDENLANE WAY", (NOW BRESSI RANCH WAY) "VILLAGE GREEN DRIVE", "TOWN GARDEN ROAD, ON SAID MAP NO. 14600. 12. COVENANTS, CONDmONS AND RESTRICTIONS (BUT DELETING THEREFROM ANY COVENANT, CONDmON OR RESTRICTION INDICATING A PREFERENCE, LIMITATION, OR DISCRIMINATION, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDmONS, OR RESTRICTIONS VIOLATE 42 U.S.C. 3604(C)) AS SET FORTH IN THE DOCUMENT: RECORDED: JANUARY 14, 2005, AS INSTRUMENT NO. 2005-0037207 OF OFFICIAL RECORDS Page 8 -• ORDER NO. 7004411-23 LIMITATIONS, RESERVATIONS, PROVISIONS, ASSESSMENTS, LIENS AND CHARGES AS CONTAINED IN THE ABOVE MENTIONED DECLARATION. SAID DECLARATION CONTAINS, AMONG OTHER THINGS, THE FOLLOWING: A. CERTAIN EASEMENTS B. ASSESSMENTS C. LIENS AND THE SUBORDINATION THEREOF D. PROVISIONS RELATING TO PARTITION E. RESTRICTIONS ON SEVERABILITY OF COMPONENT INTEREST F. MORTGAGE PROTECTION CLAUSE G. COVENANTS, CONDmONS AND RESTRICTIONS (BUT DELETING THEREFROM ANY COVENANT, CONDmON OR RESTRICTION INDICATING A PREFERENCE, LIMITATION, OR DISCRIMINATION, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDmONS, OR RESTRICTIONS VIOLATE 42 U.S.C. 3604(C)). 13. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENTITLED "SPECIAL ASSESSMENT DISTRICT DISCLOSURE AGREEMENT'', DATED DECEMBER 30, 2004 EXECUTED BY AND BETWEEN THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND LNR BRESSI COMMERCIAL, INC., A CALIFORNIA CORPORATION RECORDED JANUARY 21, 2005, AS INSTRUMENT NO. 2005-0054587 OF OFFICIAL RECORDS. 14. A DEED OF TRUST TO SECURE THE PERFORMANCE OF AN AGREEMENT REFERRED TO HEREIN, AND ANY OTHER OBLIGATION SECURED THEREBY. AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: $NOT SET OUT FEBRUARY 3, 2005 LNR BRESSI COMMERCIAL, INC., A CALIFORNIA CORPORATION FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION DEUTSCHE BANK AG, NEW YORK BRANCH, AS ADMINISTRATIVE AGENT AND COLLATERAL AGENT FOR THE LENDERS AND LENDER COUNTERPARTIES FEBRUARY 15, 2005, AS INSTRUMENT NO. 2005-0125185 OF OFFICIAL RECORDS 15. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENTITLED "AGREEMENT REGARDING ANNEXATION OF CERTAIN REAL PROPERTY TO STREET LIGHTING AND LANDSCAPE DISTRICT NO. 2 OF THE CITY OF CARLSBAD AND APPROVAL OF THE LEVY OF ASSESSMENTS ON SUCH REAL PROPERTY", EXECUTED BY AND BETWEEN THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND THE OWNER OR OWNERS RECORDED MARCH 16, 2005, AS INSTRUMENT NO. 2005-0216792 OF OFFICIAL RECORDS. Page 9 -ORDER NO. 7004411-23 16. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: PACIFIC BELL TELEPHONE COMPANY, A CALIFORNIA CORPORATION DBA SBC CALIFORNIA, ITS SUCCESSORS AND ASSIGNS NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: THE RIGHT FROM TIME TO TIME TO CONSTRUCT AND INSTALL COMMUNICATION FACILITIES AND TO USE, OPERATE, INSPECT, REPAIR, REPLACE AND REMOVE SAID FACILITIES, OR ANY OF THEM, TOGETHER WITH AN EXCLUSIVE RIGHT OF WY AND EASEMENT, INCLUDING INGRESS AND EGRESS THERETO. SAID COMMUNICATION FACILITIES SHALL CONSIST OF THE OF THE FOLLOWING: a. UNDERGROUND WIRES, CABLES AND OTHER ELECTRICAL CONDUCTORS AND APPURTENANCES FOR COMMUNICATION PURPOSES; b. CONDUITS AND MANHOLES, TOGETHER WITH MARKER POSTS ABOVE GROUND; c. STRUCTURES WITH ELECTRONIC COMMUNICATION EQUIPMENT, AND ASSOCIATED PAVING, FENCING AND OTHER APPURTENANCES RELATED THERETO. RECORDED: AFFECTS: JULY 18, 2005, AS INSTRUMENT NO. 2005-0602587 OF OFFICIAL RECORDS A PORTION OF SAID LAND, AS DESCRIBED THEREIN. 17. THE UNRECORDED LEASE BY AND BETWEEN THE PARTIES NAMED HEREIN, FOR THE TERM AND UPON THE TERMS, COVENANTS AND CONDmONS THEREIN PROVIDED: DISCLOSED BY: 1YPE OF LEASE: DATED: LESSOR: LESSEE: TERM: RECORDED: MEMORANDUM OF LEASE COMMERCIAL JUNE 20, 2006 LNR BRESSI COMMERCIAL INC., A CALIFORNIA CORPORATION TRADER JOE'S COMPANY, A CALIFORNIA CORPORATION TEN YEARS , WITH OPTIONS TO EXTEND THE PRIMARY TERM FOR THREE (3) ADDITONAL PERIODS OF FIVE (5) YEARS EACH JUNE 21, 2006 AS INSTRUMENT NO. 2006-0438770, OF OFFICIAL RECORDS 18. COVENANTS, CONDmONS AND RESTRICTIONS (BUT DELmNG THEREFROM ANY COVENANT, CONDmON OR RESTRICTION INDICATING A PREFERENCE, LIMITATION, OR DISCRIMINATION, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDmONS, OR RESTRICTIONS VIOLATE 42 U.S.C. 3604(C)) AS SET FORTH IN THE DOCUMENT: RECORDED: JULY 14, 2006 AS INSTRUMENT NO. 2006-0498374, OF OFFICIAL RECORDS * * * * * * * * * * END OF REPORT * * * * * * * * Page 10 -II ORDER NO. 7004411-23 ***** NOTES ***** SPECIAL NOTE: NOTICE OF CHANGE IN OWNERSHIP RECORDING PROCEDURE EFFECTIVE JULY 1, 1985, PURSUANT TO A NEW STATE LAW (SECTION 480.3 OF THE REVENUE AND TAXATION CODE), ALL DEEDS AND OTHER DOCUMENTS THAT REFLECT A CHANGE IN OWNERSHIP, MUST BE ACCOMPANIED BY A PRELIMINARY CHANGE OF OWNERSHIP REPORT, TO BE COMPLETED BY THE TRANSFEREE. IF THIS SPECIAL REPORT IS NOT PRESENTED AT THE TIME OF RECORDING, AN ADDmONAL RECORDING FEE OF $20.00, AS REQUIRED BY LAW, WILL BE CHARGED. PRELIMINARY CHANGE IN OWNERSHIP FORMS, INSTRUCTIONS ON HOW TO COMPLETE THEM, AND A NON-EXCLUSIVE LIST OF DOCUMENTS THAT ARE AFFECTED BY THIS CHANGE, ARE AVAILABLE FROM THE COUN1Y RECORDER'S OFFICE OR THE OFFICE OF THE COUN1Y ASSESSOR. IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUBESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM TWO TO SEVEN BUSINESS DAYS AFTER THE DATE OF DEPOSITED. TO FACILITATE THE ELECTRONIC TRANSFER OF FUNDS TO NORTH AMERICAN TITLE COMPANY THE FOLLOWING IS PROVIDED FOR YOUR USE: THE WIRING INSTRUCTIONS FOR COMERICA BANK ARE AS FOLLOWS: Comerica Bank 411 West Lafayette Detroit, Michigan ACCOUNT #1891528299 ABA #121137522 OUR NO.: 7004411-23 Page 11 -ORDER NO. 7004411-23 NOTE NO. 1. CONTINUED BE SURE TO REFERENCE OUR ORDER NUMBER AND mLE OFFICER NAME. SHOULD THIS OFFICE BE REQUIRED TO WIRE FUNDS OUT AT CLOSE OF ESCROW, PLEASE BE INFORMED THAT WIRING INSTRUCTIONS SHOULD BE RECEIVED AS SOON AS POSSIBLE, BUT NO LATER THAN THE FOLLOWING TIMES. WIRES OUTSIDE THE STATE OF CALIFORNIA: 11:00 A.M. ON DATE OF WIRE WIRES WITHIN THE STATE OF CALIFORNIA: 12:00 P.M. ON DATE OF WIRE EFFECTIVE JANUARY 1, 1991 A SERVICE CHARGE OF $25.00 WILL BE ASSESSED FOR ALL FUNDS DISBURSED BY THIS COMPANY BY WIRE. NOTE NO. 2. PAYOFF REQUIREMENT IF ANY OF THE DEEDS OF TRUST SHOWN IN THIS PRELIMINARY REPORT SECURES A REVOLVING CREDIT LOAN, THIS COMPANY WILL REQUIRE PRIOR TO CLOSING THAT: 1. THE BORROWER PROVIDE AUTHORIZATION TO THE LENDER TO FREEZE THE LOAN FROM FURTHER DISBURSEMENTS AND THAT WE BE PROVIDED WITH PROOF THAT THE ACCOUNT HAS BEEN FROZEN AND THE EFFECTIVE DATE OF THE FREEZE. 2. ALL UNUSED CHECKS, VOIDED CHECKS AND/OR CREDIT CARDS BE SUBMITTED TO THIS COMPANY. 3. THERE ARE NO OUTSTANDING CHECKS UNPAID. 4. SHOULD THE COMPANY BE UNABLE TO ASCERTAIN THAT ONE OR MORE OF THE ABOVE HAVE NOT BEEN COMPLIED WITH, WE WILL WITHHOLD FROM THE PROCEEDS THE MAXIMUM AMOUNT OF THE LOAN OBLIGATION UNTIL SUCH TIME AS WE MAY VERIFY THAT THE PAYOFF WAS SUFFICIENT TO OBTAIN A FULL RECONVEYANCE. Page 12 -ORDER NO. 7004411-23 Privacy Policy Notice (as of July 1, 2001) We at the North American Title family of companies take your privacy very seriously. We do not share your private information with anyone except as necessary to complete your real property, title insurance and escrow transaction. OUR PRIVACY POLICIES AND PRACTICES 1. Information we collect and sources from which we collect it: We collect nonpublic personal information from you from the following sources: * Information we receive from you on applications or other forms. * Information about your transactions with us, our affiliates or others. * Information from non-affiliated third parties relating to your transaction. "Nonpublic personal information" is nonpublic information about you that we obtain in connection with providing a product or service to you. 2. What information we disclose and to whom we disclose it: We do not disclose any nonpublic personal information about you to either our affiliates or non-affiliates without your express consent, except as permitted or required by law. We may disclose the nonpublic personal information we collect, as described above, to persons or companies that perform services on our behalf regarding your transaction. "Our affiliates" are companies with which we share common ownership and which offer real property, title insurance, or escrow services. 3. Our security procedures: We restrict access to your nonpublic personal information and only allow disclosures to persons and companies as permitted or required by law to assist in providing products or services to you. We maintain physical, electronic, and procedural safeguards to protect your nonpublic personal information. 4. Your right to access your personal information: You have the right to review your personal information that we record about you. If you wish to review that information, please contact your local North American Title office and give us a reasonable time to make that information available to you. If you believe any information is incorrect, notify us, and if we agree, we will correct it. If we disagree, we will advise you in writing why we disagree. 5. Customer acknowledgement: Your receipt of a copy of the preliminary report, commitment, your policy of insurance, or escrow documents, accompanied by this Notice will constitute your acknowledgement of receipt of this Privacy Policy Notice. North American Title may also share your information with an insurance institution, credit reporting agency, insurance regulatory authority, law enforcement, other governmental authority, actuary, or other research organization for purposes of detecting or preventing fraud, crimes, or misrepresentations in connection with an insurance or real estate transaction, resolving claims or service disputes, investigating suspected illegal or unlawful activities, or for conducting actuarial or research studies. Page 13 -ORDER NO. 7004411-23 Privacy Policy Notice (as of July 1, 2001) We at the North American Title family of companies take your privacy very seriously. We do not share your private information with anyone except as necessary to complete your real property, title insurance and escrow transaction. OUR PRIVACY POLICIES AND PRACTICES 1. Information we collect and sources from which we collect it: We collect nonpublic personal information from you from the following sources: * Information we receive from you on applications or other forms. * Information about your transactions with us, our affiliates or others. * Information from non-affiliated third parties relating to your transaction. "Nonpublic personal information" is nonpublic information about you that we obtain in connection with providing a product or service to you. 2. What information we disclose and to whom we disclose it: We do not disclose any nonpublic personal information about you to either our affiliates or non-affiliates without your express consent, except as permitted or required by law. We may disclose the nonpublic personal information we collect, as described above, to persons or companies that perform services on our behalf regarding your transaction. "Our affiliates" are companies with which we share common ownership and which offer real property, title insurance, or escrow services. 3. Our security procedures: We restrict access to your nonpublic personal information and only allow disclosures to persons and companies as permitted or required by law to assist in providing products or services to you. We maintain physical, electronic, and procedural safeguards to protect your nonpublic personal information. 4. Your right to access your personal information: You have the right to review your personal information that we record about you. If you wish to review that information, please contact your local North American Title office and give us a reasonable time to make that information available to you. If you believe any information is incorrect, notify us, and if we agree, we will correct it. If we disagree, we will advise you in writing why we disagree. 5. Customer acknowledgement: Your receipt of a copy of the preliminary report, commitment, your policy of insurance, or escrow documents, accompanied by this Notice will constitute your acknowledgement of receipt of this Privacy Policy Notice. North American Title may also share your information with an insurance institution, credit reporting agency, insurance regulatory authority, law enforcement, other governmental authority, actuary, or other research organization for purposes of detecting or preventing fraud, crimes, or misrepresentations in connection with an insurance or real estate transaction, resolving claims or service disputes, investigating suspected illegal or unlawful activities, or for conducting actuarial or research studies. Page 1 --Exhibit A List Of Printed Exceptions And Exclusions (By Polley Type) 1. California Land Title Association Standard Coverage Pollcy-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, cost, attorney's fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of nay 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 violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. 3. 4. 5. 6. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise 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. (a) (b) (c) (d) (e) Right 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. Defects, liens, encumbrances, adverse claims, or other matters: whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant. 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. resulting in no loss or damage to the insured claimant; attaching or created subsequent to Date of Policy; or resulting in the 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. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which that land is situated. 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. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE • Schedule B Part 1 This Policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses] which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceeding by a public agency which may result in taxes or assessment 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 procession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or expectations In patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters expected under (a), (b), or (c) are shown by the public records. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (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 estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B-1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 2 above are used and the following expectations to coverage appear in the policy. SCHEDULES This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 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. 2. Any facts, right, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possessions thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public record. 5. Unpatented mining claims: reservations or exceptions in patents or In Acts authorizing the Issuance thereof; water rights, claims or title water. 6. 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 record. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. •2. 3. 4. -• Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of Policy. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured clamant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss of damage to the insured claimant; (d) attaching or created subsequent to Date of Policy ( except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). Unenforceable of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable " doing business• laws of the state which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS When the American Land title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose, and which are not shown by public record. 5. Unpatented mining claims; reservations or expectations in patents or in Acts authorizing the issuance thereof; water right, claims or title to water. 6. Any lien, or right to a lien, for services labor or material therefore or hereafter furnished, imposed by law and not shown by the public records. 1. (a) (b) 2. 3. 4. 5. 6. 7. (a) (b) (c) (d) (e) (i) (ii) (iii) 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting form violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. Any governmental police power not excluded by (a) above except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation of alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the pubic records at Date of Polley, 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. Defects, liens, encumbrances, adverse claims or other matters; created, suffered, assumed or agreed to by the insured claimant; not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not discloses in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy. Resulting in no loss or damage to the insured claimant; Attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed as date of policy); or Resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. Unenforceable 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 applicable doing business laws of the state in which the land is situated. 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. Any Statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or Is obligated to advance. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of the federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: The transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or The subordination of the interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or The transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure; (a) to timely record the instrument of transfer; or (b) of such recordation to impact notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear In the policy. SCHEDULE B 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. 2. Any facts, right, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of possession thereof. 3. Easement, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exception in patents or In Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 EXCLUSIONS FROM COVERAGE The following matter are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, cost, attorney's fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part ; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or 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. 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 3. (a) (b) -Be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: Created, suffered assumed or agreed to by the insured claimant; 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 estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting In the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. That is based on: (i) The transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) The transaction creating the estate or Interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) To timely record the Instrument of transfer; or (b) Of such recordation to impart notice to a purchaser for value or judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy: SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: Part One: 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. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987 EXCLUSIONS In addition to the Exemptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1. Governmental policy power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • Land use • Land division • Improvements on the land Environmental protection This exclusion does not apply to violation or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described items 12 and 13 of Covered TIiie Risks. 2. The right to take the land by condemning It, unless: A notice of exercising the right appears in the public records on the Policy Date. The taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: That are created, allowed, or agreed to by you. • That are known to you, but not to us, on the Policy Date -unless they appear in the public records That result In no loss to you • That first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • To any land outside the area specifically described and referred to in Item 3 of Schedule A, or • In streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/17/98) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs attorney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: (a) Building (b) Zoning (c) Land use (d) Improvements on the land (e) Land division (f) Environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17, or 24. 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 apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: (a) A notice of exercising the right appears in the Public Records at the Policy Date; or (b) The taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: (a) That are created, allowed, or agreed to by You, whether or not they appear in the Public Records; (b) That are Known to You at the Policy Date, but not to Us, unless they appear 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.d, 22, 23, 24, or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) To any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) In streets, alleys or waterways that touch the land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. f essi Ranch Village Center - North-East South-West September 7, 2006