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HomeMy WebLinkAboutCT 07-10; WALNUT AVENUE CONDOMINIUMS; Tentative Map (CT)Project Address Assessors Parcel Number(s): Project # (city use only): Walnut Avenue 204-131-02 & 03 cr o7~fV Complete Sections 1 and 2 of the following checklist to determine your project's permanent and construction storm water best management practices requirements. This form must be completed and submitted with your permit application. Section 1. Permanent Storm Water BMP Requirements: If any answers to Part A are answered "Yes," your project is subject to the "Priority Project Permanent Storm Water BMP Requirements," and "Standard Permanent Storm Water BMP Requirements" in Section III, "Permanent Storm Water BMP Selection Procedure" in the Storm Water Standards manual. If all answers to Part A are "No," and any answers to Part B are "Yes," your project is only subject to the "Standard Permanent Storm Water BMP Requirements". If every question in Part A and B is answered "No," your project is exempt from permanent storm water requirements. Does the project meet the definition of one or more of the priority project categories?* Yes No 1. Detached residential development of 10 or more units. • 2. Attached residential development of 10 or more units. • 3. Commercial development greater than 100,000 square feet. n R 4. Automotive repair shop. 11 5. Restaurant. u 0 6. Steep hillside development greater than 5,000 square feet. • 0 7. Project discharging to receiving waters within Environmentally Sensitive Areas. • 0 2 8. Parking lots greater than or equal to 5,000 ft or with at least 15 parking spaces, and potentially exposed to urban runoff. • 0- 9. Streets, roads, highways, and freeways which would create a new paved surface that is 5,000 square feet or greater • * Refer to the definitions section in the Storm Water Standards for expanded definitions of the priority project categories. Limited Exclusion: Trenching and resurfacing work associated with utility projects are not considered priority projects. Parking lots, buildings and other structures associated with utility projects are priority projects if one or more of the criteria in Part A is met. If all answers to Part A are "No", continue to Part B. Part B: Determine Standard Permanent Storm Water Requirements. Does thie project propose: Yes No 1. New impervious areas, such as rooftops, roads, parking lots, driveways, paths and sidewalks? En 2. New pervious landscape areas and irrigation systems? 3. Permanent structures within 100 feet of any natural water body? 0' 4. Trash storage areas? 00 5. Liquid or solid material loading and unloading areas? 0 6. Vehicle or equipment fueling, washing, or maintenance areas? 0^ 7. Require a General NPDES Permit for Storm Water Discharges Associated with Industrial Activities (Except construction)?* 0 8. Commercial or industrial waste handling or storage, excluding typical office or household waste? 9. Any grading or ground disturbance during construction? 10. Any new storm drains, or alteration to existing storm drains? 00 *To find out if your project is required to obtain an individual General NPDES Permit for Storm Water Discharges Associated with Industrial Activities, visit the State Water Resources Control Board web site at, www.swrcb.ca.gov/stormwtr/industrial.html Section 2. Construction Storm Water BMP Requirements: If the answer to question 1 of Part C is answered "Yes," your project is subject to Section IV, "Construction Storm Water BMP Performance Standards," and must prepare a Storm Water Pollution Prevention Plan (SWPPP). If the answer to question 1 is "No," but the answer to any of the remaining questions is "Yes," your project is subject to Section IV, "Construction Storm Water BMP Performance Standards," and must prepare a Water Pollution Control Plan (WPCP). If every question in Part C is answered "No," your project is exempt from any construction storm water BMP requirements. If any of the answers to the questions in Part C are "Yes," complete the construction site prioritization in Part D, below. Part C: Determine Construction Phase Storm Water Requirements Would the project meet any of these criteria during construction? Yes No 1. Is the project subject to California's statewide General NPDES Permit for Storm Water Discharges Associated With Construction Activities? 0 0 2. Does the project propose grading or soil disturbance? R - •— 3. Would storm water or urban runoff have the potential to contact any portion of the construction area, including washing and staging areas? 0 .u 4. Would the project use any construction materials that could negatively affect water quality if discharged from the site (such as, paints, solvents, concrete, and stucco)? 0 Part D: Determine Construction Site Priority In accordance with the Municipal Permit, each construction site with construction storm water BMP requirements must be designated with a priority: high, medium or low. This prioritization must be completed with this form, noted on the plans, and included in the SWPPP or WPCP. Indicate the project's priority in one of the check boxes using the criteria below, and existing and surrounding conditions of the project, the type of activities necessary to complete the construction and any other extenuating circumstances that may pose a threat to water quality. The City reserves the right to adjust the priority of the projects both before and during construction. [Note: The construction priority does NOT change construction BMP requirements that apply to projects; ail construction BMP requirements must be identified on a case-by-case basis. The construction priority does affect the frequency of inspections that will be conducted by City staff. See Section IV. 1 for more details on construction BMP requirements.] I \A) High Priority 1) Projects where the site is 50 acres or more and grading will occur during the rainy season 2) Projects 1 acre or more. 3) Projects 1 acre or more within or directiy adjacent to or discharging directly to a coastal lagoon or other receiving water within an environmentally sensitive area 4) Projects, active or inactive, adjacent or tributary to sensitive water bodies B) Medium Priority 5) Capital Improvement Projects where grading occurs, however a Storm Water Pollution Prevention Plan (SWPPP) is not required under the State General Construction Permit (i.e., water and sewer replacement projects, intersection and street re-alignments, widening, comfort stations, etc.) 6) Permit projects in the public right-of-way where grading occurs, such as installation of sidewalk, substantial retaining walls, curb and gutter for an entire street frontage, etc., however SWPPPs are not required. 7) Permit projects on private property where grading permits are required, however. Notice Of Intents (NOIs) and SWPPPs are not required. I \c) Low Priority 8) Capital Projects where minimal to no grading occurs, such as signal light and loop installations, street light installations, etc. 9) Permit projects in the public right-of-way where minimal to no grading occurs, such as pedestrian ramps, driveway additions, small retaining walls, etc. 10) Permit projects on private property where grading permits are not required, such as small retaining walls, single-family homes, small tenant improvements, etc. Owner/Agent/Engineer Name (Please Print): Baron Investment Group, LLC Title: Owner Signati^: ^ " Date: July 12, 2007 April 25, 2008 City of Carlsbad City Engineer 1635 Faraday Avenue Carlsbad, Ca. 92008 Re: Construction work at property lines @ APN 204-131-04/05/06 Within the past year, I have met/attempted to get written permission from adjacent property owners-APN 204-131-04/05/06. I did receive written authorization from APN 204-131-04 for future construction work that may cause the need to temporarily work on their side of the property to build out our site. In fact, this particular neighbor would require most of the potential future work. In conversations with properties—APN 204-131-05/06, they were receptive for the need to build our site out and utilize their property, but would not sign any forms to accomplish this. In fact, they were pleased our site was being developed with the likelihood it would improve there values. Also, they encouraged a " clean up " effort on our common property lines since there are damaged fences/trees/weeds that are in dramatic need to be removed. Thus, my impression was that these owners would be cooperative when development along our common property lines is required. I understand that if these owners change their minds when development is required, we would have to adjust our plans to develop our property from our side of the site. Baron Investment Group, LLC, or assignee James E. Schmitz, Manag,er ^Pf^ 28 2008 04/13/2007 10:50 FAX 415 512 0146 LANOAKERICA @0O2/002 RECEIVED April 10,2007 FEB i 3 roos City OfCarlsbad CITY OF CARLSBAD City Engmeer PLANNING DEPT 1635 Faraday Avenue Carlsbad, CA 92008 Re: Agreement Regarding Documents to AUow Permission to Work & Maintain Area Along North and East Property Unes of APN 204-131-4 (3340 Garfield Avenue, Carlsbad). As part ofthe sale of property to Mr. James Schmitz of Baron Investment Group, LLC, or assignee, on behalf of Robert H. Sonneman Trust dated March 1, 2006, I hereby agree to enter into a separate agreement to allow construction work along the north & cast property Unes of the property as described above. Also, I will enter into a separate agreement to allow for a pennanent easement in favor of the future Homeowner's Association, or assignee, for the maintenance of walls & fences along the same property lines. Such agreements shall be prepared the expense of Baron Investment Group, LLC, or assignee, and shall be subject to the reasonable approval of my attomey. I will execute such approved agreements after a review & acceptance ofthe development plans for the vacant land north & east of the property, known as APN 204-131-01,02,03. Robert H. Sonneman Living Trust dated March 1,2006, as owner; JQIJP Sonneman, Trustee ' Page 1 of2 Frank Jimeno - Response to 3rd review-CT 07-10/CP 07-04/ CDP 07-23-Walnut Avenue Condominiums From: "Steve Bundy" <sbundy@bhaincsd.com> To: <Dhalv@ci.carlsbad.ca.us> Date: 03/19/2008 8:42 AM Subject: Response to 3rd review-CT 07-10/CP 07-04/ CDP 07-23-Walnut Avenue Condominiums CC: "Frank Jimeno" <fiime@ci.carlsbad.ca.us>, "JAMES SCHMITZ" <JSCHM1950@msn.com>, "Tim Bingham" <tbingham@4designarch.com>, "James Benedetti" <jim@jpbla.com>, "Ken Chriss" <kchriss(^4designarch.com> Dan & Frank, I have reviewed the comments from the letter dated March 17, 2008 with Tim Bingham from 4-design, & the projects owner, & have the following comments: Planning #1: Tim Bingham indicated a minor drafting modification will take care of this issue on his plan sheet A-22. He also discussed with Dan Halverson on tuesday. Planning #2: A re-check of all retaining walls shown, shows that none of them are over 42" in height. I will change a detail on TM Sheet 2, Section A-A to reflect a proposed design within the city code requirements within the front yard set- back. Also will add hand-rails to the steps off of Lincoln Street per Tim Bingham's meeting with Dan. Will add in the TM legend a description of the material of all retaining walls. Engineering #1: This was comment to be addressed on 4-Designs plans. Tim Bingham indicated that has been fixed. Engineering #2: The owner of the project, Jim Schmitz met with the owners of these two properties prior to our last plan submittal. Both owners indicated a willingness to allow the construction as necessary on their properties, but wanted nothing to do with signing any letters of permission or recorded temporary construction easements on their properties. They were both adamant in this respect. Tim Bingham indicated that Dan had informed him on tuesday that without these letters, there might be a hold up in scheduling for the Planning Commission meeting. Dan was not aware of the meetings that Mr. Schmitz had with these owners, prior to making this comment. Can Mr. Schmitz sign a letter himself, addressed to the city, indicating his meetings with these owners & their response, to be able to move this forward. Otherwise I feel we are at a stalemate with this issue. Engineering #3: We are aware of these issues, & feel that these are items that will be addressed in the final engineering phase of the project A structural engineer will be hired to design the walls in these areas dunng the final engineering process. Engineering #4: The stairs at the rear of APN 204-132-04 will be incorporated into the wall construction in this area. We have a letter from the Sonneman's agreeing to a temporary construction easement along this property line. Details will be addressed in the final engineering process. file://C:\Documents and Settings\Fjime\Local Settings\Temp\XPgrpwise\47E0D214GW-... 04/07/2008 Page 2 of 2 Engineering #5: Water meter details can be worked out during the final engineering process of the project. A condition to this effect can be attached to the project to cover this issue. Engineering #6: Will work with the Engineering Department during the Final Engineehng process of the construction drawings. To summarize, BHA & 4-Design will have our plans ready to resubmit back to the city by Thursday, March 20th. I know there are still Landscape issues to address, but it looks like a lot of time went by during the last city review, & many of the City plan check Landscape comments refer to the fact that the TM was not included with the review set for the landscape review. I would hope that Dan can take my comments included in this e-mail, along with BHA's & 4-Design's submitted revised plans & schedule forthe next available Planning Commission meeting without being held up by the landscape issues. Please respond back to me at your earliest convenience & thanks for the help getting to this point in the process. Steven E. Bundy Vice President BHA, Inc. 5115 Avenida Encinas, Suite L Carlsbad, CA 92008 (760) 931-8700 file://C:\Documents and Settings\Fjime\Local Settings\Temp\XPgrpwise\47E0D214GW-... 04/07/2008 ^ LandAmerica Commonwealth Commonwealth Land Title Company 3131 Camino del Rio N., #1400 San Diego, CA 92108 Phone: (619)686-6000 RECEIVED FEB : H CSCS CITY OF CARLSBAD PLANNING DEPT BHA Incorporated 5115 Avenida Encinas #L Carlsbad, CA 92008-4387 Attn: Ms. Taylor Allard Our File No: 04613495 - 54 Title Officer: Linda Slavik (lslavik@landam.com) Phone: (619) 686-2192 Fax: (619) 725-3248 Your Reference No: Baron Investment Grp Property Address: Vacant Land, Carlsbad, California Ai^ENDED PRELIMINARY REPORT Dated as of December 13, 2007 at 7:30 a.m. In response to the above referenced application for a policy of title insurance. Commonwealth Land 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 below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Umit of Liability for certain coverages are also set forth in Exhibit B. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments 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. CLTA Preliminary Report (Revised 11-17-06) Page 1 File No: 04613495 SCHEDULE A The form of policy of title insurance contemplated by this report is: Preliminary Title Report Only The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Baron Investment Group, LLC The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Page 2 File No: 04613495 EXHIBIT '"A" All that certain real property situated in the County of San Diego, State of California, described as follows: PARCEL 1: A portion of Thum Lands, Tract 216, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office ofthe County Recorder of San Diego County, December 9, 1915. Together with those portions of Walnut Avenue and Lincoln Street vacated by Resolution No. 96-59, a resolution of the City Council ofthe City of Carlsbad, a certified copy recorded April 2, 1996 as File No. 1996-0163578 of Official Records, all as set forth in that certain Certificate of Compliance recorded November 29, 2007 as File No. 2007-0745275 of Official Records, all described as follows: Beginning at the Westerly corner of said Tract 216, said point being 30.00 feet, measured at right angles, to the centerline of Garfield Street and 40.00 feet, measured at right angles, from Walnut Street; thence Northeasterly along the Southeasterly right-of-way line of Walnut Avenue North 55°27'00" East 2.68 feet to the beginning of a non tangent curve, concave Easterly, having a radius of 20.00 feet, the radial bearing to said point being North 85°27'00" East; thence along said curve 20.94 feet through a central angle of 60°00'00" to a point on a tangent line, said point being 30.00 feet Southerly from the centerline of Walnut Avenue; thence Northeasterly along the Southeasterly right-of-way line of said Walnut Avenue North 55°27'00" East 71.00 feet to the True Point of Beginning; thence continuing along said right-of-way line North 55*>27'00" East 81.00 feet to the beginning of a tangent curve, concave Southerly, having a radius of 20.00 feet; thence along said curve an arc distance of 31.42 feet through a central angles of 90°00'00" to a point on the Southwesterly right-of-way line of Lincoln Street, said point being 30.00 feet from the centerline of said Lincoln Street; thence along said Southwesterly right-of-way line South 34°33'00" East 190.01 feet; thence South 55°25'51" West 10.00 feet to the most Easterly corner of said Tract 216; thence along the Southerly line of said Tract 216 South 55°25'51" West 92.00 feet; thence North 34°33'00" West 66.68 feet; thence North 55°26'14" East 1.00 feet; thence North 34O33'00" West 143.36 feet to the True Point of Beginning. PARCEL 2: A portion of Thum Lands, Tract 216, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office ofthe County Recorder of San Diego County, December 9, 1915, as set forth in that certain Certificate of Compliance recorded April 18, 2007 as File No. 2007- 0261640 of Official Records, and as described as follows: Page 3 File No: 04613495 Beginning at the Westerly corner of said Tract 216, said point being 30.00 feet, measured at right angles, to the centerline of Garfield Street and 40.00 feet, measured at right angles, from Walnut Street; thence Southeasterly along the Northeasterly right-of-way line of Garfield Street South 34°33'00" East 66.69 feet to the TRUE POINT OF BEGINNING; thence leaving said Northeasterly right- of-way line North 55°26'37" East 91.00 feet; thence South 34°33'00" East 66.68 feet; thence South 55°26'14" West 91.00 feet to the Northeasterly right-of-way line of Garfield Street, said point being 30.00 feet from the centerline of said Street; thence Northwesterly along the Southeasterly right of way line of Garfield Street North 34°33'00" West 66.69 feet to the TRUE POINT OF BEGINNING. PARCEL 3: A portion of Thum Lands, Tract 216, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office ofthe County Recorder of San Diego County, December 9, 1915. Together with those portions of Walnut Avenue and Lincoln Street vacated by Resolution No. 96-59, a resolution of the City Council of the City of Carlsbad, a certified copy recorded April 2, 1996 as File No. 1996-0163578 of Official Records, all as set forth in that certain Certificiate of Compliance recorded April 18, 2007 as File No. 2007-0261641 of Official Records, all described as follows: Beginning at the Westerly corner of said Tract 216, said point being 30.00 feet, measured at right angles, to the centerline of Garfield Street and 40.00 feet, measured at right angles, from Walnut Avenue; thence Northeasterly along the Southeasterly right-of-way line of Walnut Avenue North 55«'27'00" West 2.68 feet to the beginning of a non-tangent curve, the radial bearing to said point being North 85°27'00" East; thence along said curve 20.94 feet through a central angle of 60°00'00" to a point on a tangent line, said point being 30.00 feet Southerly from the centerline of Walnut Avenue; thence Northeasterly along the Southeasterly right-of-way line of said Walnut Avenue North 55°27'00" East 71.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said right-of-way line North 55°27'00" East 81.00 feet to the beginning of a tangent curve, concave Southerly, having a radius of 20.00 feet; thence along said curve an arc distance of 31.42 feet rhrough a central angle of 90°00'00" to a point on the Southwesterly right-of-way line of Lincoln Street; thence along said Southwesterly right-of-way line South 34°33'00" East 190.01 feet; thence South 55°25'51" West 10.00 feet to the most Easterly corner of said Tract 216; thence along the Southerly line of said Tract 216 South 55°25'51" West 91.00 feet; thence North 34O33'00" West 210.04 feet to the TRUE POINT OF BEGINNING. Assessor's Parcel Number: 204-131-01, 02 & 03 AND 04 Page 4 File No: 04613495 SCHEDULE B - Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 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 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; (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. Page 5 File No: 04613495 SCHEDULE B - Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2007-2008 ARE NOW DUE AND PAYABLE B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code ofthe State of California. 1. Water rights, claims or title to water, whether or not shown by the public records. 2. Record of Survey Map No. 3938, recorded June 1, 1956, which discloses variances from the record legal description of said land. 3. Covenants, conditions and restrictions as set forth in the document Recorded: February 10, 1927 in Book 1335, Page(s) 45, of Deeds This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. 4. A document subject to all the terms, provisions and conditions therein contained. Entitled: Contract for Future Public Improvements (Permit No. PR 6.121; Parcel No. 204-131-03; FIA No. 96005-Walnut Ave. & Lincoln St.) Dated: March 15, 1996 By and between: the City of Carlsbad ("City"), a Municipal Corporation and Robert H. Sonneman ("Property Owner") Recorded: April 2, 1996 as Instrument No. 1996-0163546 of Official Records Reference is made to said document for full particulars. Said Document recites: "Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $17,434, plus any future increases" 5. An easement for the purpose shown below and rights incidental thereto as reserved in a document Purpose: Resolution No. 96-59, a resolution of the City Council of the City of Carlsbad Recorded: April 2, 1996 as Instrument No. 1996-0163578 of Official Records Affects: Walnut Avenue, and Lincoln Street vacations Page 6 File No: 04613495 An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: electrical and communication easements, with right of ingress and egress Recorded: April 15, 1996 as Instrument No. 1996-0184460 of Official Records Affects: as shown therein 7. A document subject to all the terms, provisions and conditions therein contained. Entitled: City of Carlsbad Contract for Future Public Improvements (Permit No. PR 6.121; Parcel No. 204-131-01; FIA No. FIA 96003-Walnut Avenue. Dated: March 15, 1996 By and between: the City of Carlsbad, a Municipal Corporation ("City") and Robert H. Sonneman ("Property Owner") Recorded: April 17, 1996 as Instrument No. 1996-0189038 of Official Records Reference is made to said document for full particulars. Said Document recites: "Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $6,233, plus any future increases" 8. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: $1,800,000.00 Dated: April 16, 2007 Trustor: Baron Investment Group, LLC Trustee: Commonwealth Land Title Company Beneficiary: First National Bank of North County Loan No.: 57502003 Recorded: April 19, 2007 as File No. 2007-0267803 of Official Records 9. An assignment of all monies due or to become due as rental or otherwise from said land, to secure payment of an indebtedness, shown below and upon the terms and conditions therein Amount: $1,800,000.00 Assigned to: First National Bank of North County By: Baron Investment Group, LLC Recorded: April 19, 2007 as File No. 2007-0267804 of Official Records 10. A document subject to all the terms, provisions and conditions therein contained. Entitled: Hazardous Substances Certificate and Indemnity Agreement Dated: April 16, 2007 Executed by: Baron Investment Group LLC and First National Bank of North County Recorded: April 19, 2007 as File No. 2007-0267805 of Official Records Reference is made to said document for full particulars. END OF SCHEDULE B EXCEPTIONS Page 7 File No: 04613495 PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION Page 8 File No: 04613495 REQUIREI^ENTS SECTION: NONE Page 9 File No: 04613495 INFORI^ATIONAL NOTES SECTION NOTE NO. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO. 2: California insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation ofthe company for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank 530 "B" Street San Diego, CA 92101 ABA # 122-000-496 Credit To: Commonwealth Land Title Company - San Diego County Account #9100899563 RE: 04613495 675 - 53 PLEASE INDICATE COMMONWEALTH LAND TITLE COMPANY ESCROW OR TITLE ORDER NUMBER NOTE NO. 3: The charges which the company will make for next day messenger services (i.e. Federal Express, UPS, DHL, Airborne, Express mail, etc.) Are $15.00 per letter, standard overnight service, and $25.00 for larger size packages and/or priority delivery services. Such charges include the cost of such messenger service and the company's expenses for arranging such messenger service and its overhead and profit. Special messenger services will be billed at the cost of such services. There will be no additional charge for pick-up or delivery of packages via the company's regularly scheduled messenger runs. Typist: 814 Date Typed: July 17, 2007 Page 10 Exhibit B (Revised 11-17-06) 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; (il) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART 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, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/22/03) ALTA HOMEOWNER'S 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 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. File No: 04613495 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, S.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. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14, 15, 16 and 18, 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: Your Deductible Amount Our Maximum Dollar Limit of Liabilitv Covered Risk 14: IVo of Policy Amount or $2,500 $10,000 (whichever is less) Covered Risic 15: 1% of Policy Amount or $5,000 $25,000 (whichever is less) Covered Risk 16: 1% of Policy Amount or $5,000 $25,000 (whichever is less) Covered Risk 18: 1% of Policy Amount or $2,500 $5,000 (whichever is less) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) 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 any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title 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 appeared 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. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE 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: l.(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 File No: 04613495 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 be binding on the rights of a purchaser for value without knowledge. 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 (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 to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at 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. 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 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 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. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee 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 interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (iii) 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 impart notice to a purchaser for value or a judgment or lien creditor. 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 General Exceptions; EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of; 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. File No: 04613495 (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, Is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). 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: 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 ofthe 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. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) 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 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 be binding on the rights of a purchaser for value without knowledge. 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; 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 File No: 04613495 (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 a judgment or lien creditor. 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 General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of; 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 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 (1) 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. 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: 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; (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. File No: 04613495 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) 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 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 areas 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 s 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this 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) 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 (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which 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 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. 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, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. 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 limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at; (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy 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 Date of Policy. ! rinriAmPrirS commonwealth Land Tltle company ucii luminal IV.C1 3131 Camino del Rio N., #1400 Commonwealth san oiego, CA 92108 Phone: (619) 686-6000 Fax: File No: 04613495 Notice to Customers You may be eligible for a $20.00 reduction in your title or escrow fees in this transaction charged by Commonwealth Land Title Insurance Company pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group. Inc.. et al.^ Sacramento Superior Court Case No. 92 AS 06111, and Tavlor. et al. v. LandAmerica Financial Group. Inc.. et al.. Los Angeles Superior Court Case No. BC 231917. You are eligible for this $20.00 reduction in your title or escrow fees if you meet the following requirements: 1. You are a natural person or trust; 2. Your transaction involves the purchase, sale or refinancing of residential real property containing one- to-four-dwelling units; 3. You previously purchased title insurance or escrow services involving a transaction which closed between May 19, 1995 and October 8, 2002 from one of the following companies: LandAmerica Financial Group, Inc. Commonwealth Land Title Insurance Company or Commonwealth Land Title Company Lawyers Title Insurance Corporation or Lawyers Title Company First American Title Insurance Company, First American Title Company, First American Title Guarantee Company Fidelity National Financial, Inc. Fidelity National Title Insurance Company Fidelity National Title Company Fidelity National Title Insurance Company of California, Inc. Fidelity National Loan Portfolio Services Ticor Title Insurance Company Security Union Title Insurance Company Chicago Title Insurance Company Chicago Title Company Chicago Title and Trust Company Rocky Mountain Support Services, Inc. California Tracking Service, Inc. Title Accounting Services Corporation 4 You did not receive a $65.00 cash payment from LandAmerica Financial Group, Inc. in the reconveyance fee claims process pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group. Inc.. et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor, et al. v. LandAmerica Financial Group. Inc.. et al.. Los Angeles Superior Court Case No. BC 231917. If you meet the foregoing requirements and want the $20.00 fee reduction complete this form and return it to your Commonwealth Land Title Insurance Company escrow or title officer. NOTE: If you are eligible for the $20.00 fee reduction please complete and return this form. You must advise us of your eligibility prior to closing in order to receive the $20.00 fee reduction. Name: Address: Telephone No: 1 r^nfi AmPrirpJ commonwealth Land Tltle company L^aiiur-Mii^i 3131 Camino del Rio N., #1400 Commonwealth san oiego, CA 92108 Phone: (619) 686-6000 Fax: File No: 04613495 Notice to Customers You may be eligible for a $20.00 reduction in your title or escrow fees in this transaction charged by Commonwealth Land Title Insurance Company pursuant to the Final Judgments entered in People ofthe State of California v. LandAmerica Financial Group, Inc.. et al.. Sacramento Superior Court Case No. 92 AS 06111, and Tavlor. et al. v. LandAmerica Financial Group, Inc.. et al., Los Angeles Superior Court Case No. BC 231917. You are eligible for this $20.00 reduction in your title or escrow fees if you meet the following requirements: 1. You are a natural person or trust; 2. Your transaction involves the purchase, sale or refinancing of residential real property containing one-to-four-dwelling units; 3. You previously purchased title insurance or escrow services involving a transaction which closed between May 19, 1995 and October 8, 2002 from one of the following companies: LandAmerica Financial Group, Inc. Commonwealth Land Title Insurance Company or Commonwealth Land Title Company Lawyers Title Insurance Corporation or Lawyers Title Company First American Title Insurance Company, First American Title Company, First American Title Guarantee Company Fidelity National Financial, Inc. Fidelity National Title Insurance Company Fidelity National Title Company Fidelity National Title Insurance Company of California, Inc. Fidelity National Loan Portfolio Services Ticor Title Insurance Company Security Union Title Insurance Company Chicago Title Insurance Company Chicago Title Company Chicago Title and Trust Company Rocky Mountain Support Services, Inc. California Tracking Service, Inc. Title Accounting Services Corporation 4. You did not receive a $65.00 cash payment from LandAmerica Financial Group, Inc. in the reconveyance fee claims process pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group. Inc.. et al.. Sacramento Superior Court Case No. 92 AS 06111, and Taylor, et al. v. LandAmerica Financial Grouo. Inc.. et al.. Los Angeles Superior Court Case No. BC 231917. If you meet the foregoing requirements and want the $20.00 fee reduction complete this form and return it to your Commonwealth Land Title Insurance Company escrow or title officer. NOTE: If you are eligible for the $20.00 fee reduction please complete and return this form. You must advise us of your eligibility prior to closing in order to receive the $20.00 fee reduction. Name: Address: Telephone No: RECORDING REQUESTED BY: City of Carisbad Development Services Division WHEN RECORDED. MAIL TO: City Cleric City of Carisbad 1200 Carisbad Village Dr Carisbad, CA 92008 -8Rw:i THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON NOV 29, 2007 DOCUMENT NUMBER 2007-0745275 GREGORY J. SMITH. COUNTY RECORDER SAN DIEGO COUNTY RECORDERS OFFICE TIME: 4:42 PM ASSESSOR'S PARCEL NO.: 204-131-03 PROJECT ID.: ADJ 07-25 CE 07-99 PROJECT NAME: Baron Investment Group ADJ LOT/PARCEL: A_ CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT (Section 66412(d) of the Government Code) NOTICE IS HEREBY GIVEN that pursuant to Govemment Code Section 66412(d) and to the provisions of the Carisbad Municipal Code, and upon application of the undersigned owner(s) of record, the following lot line adjustment is hereby approved by the City of Carisbad by Its City Engineer. OWNER(S): BARON INVESTMENT GROUP, LLC DESCRIPTION: (See Exhibit "A" attached. Exhibit "B" is attached for clarity only.) NOTE: The description in Exhibit "A" attached has been provided by the owner of the property and neither the City of Carlsbad nor any of its officers or employees assume responsibility for the accuracy of said description. This Certificate of Compliance shall have no force and effect unless deeds reflecting the new boundaries are recorded pursuant to Government Code Section 66412(d). This Certificate of Compliance shall in no way affect the requirements of any other County, State, or Federal agency that regulates development of real property. Date: Robert T. Johnson, Jr., City Engineer RCE 28515, Exp. 03/31/2008 A. Hauser, Deputy C BY: David A. Hauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 DocER^}146 arasnaai State of California ) ) County of San Diego ) On before me, • Notarv Public. (Date) (Name of Officer) personally appeared . (Name[s] of Signer[s]) n personally known to me - OR - E (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type ofDocument C</"fi-f»c.^'"^ ^t>jB>/)«i>.fc< -fi^- Actjjffi^^.h^ f\i- Date of Document ^ ^/* ^ No. of Pages ^ Signer(s) other than named above. DocER.«146 .07/280007 SHEET 1 OF 1 APN: 204-131-03 EXHIBIT "A" LEGAL DESCRIPTION ADJ m-2S PARCEL** A" A PORTION OF THUM LANDS, TRACT 216, 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. TOGETHER WITH THOSE PORTIONS OF WALNUT AVENUE AND LINCOLN STREET VACATED BY RESOLUTION No. 96-59, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, A CERTIFIED COPY RECORDED APRIL 2, 1996 AS INSTRUMENT No. 1996-0165578 OF OFFICIAL RECORDS, ALL DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF SAID TRACT 216, SAID POINT BEING 30.00 FEET. MEASURED AT RIGHT ANGLES, TO THE CENTERLINE OF GARFIELD STREET AND 40.00 FEET, MEASURED AT RIGHT ANGLES, FROM WALNUT STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF WALNUT AVENUE NORTH 55°27'00" EAST 2.68 FEET TO THE BEGINNING OF A NON TANGENT CURVE, CONCAVE EASIERLY. HAVING A RADIUS OF 20.00 FEET, THE RADIAL BEARING TO SAID POINT BEING NORTH 85<^7'00" EAST; THENCE ALONG SAID CURVE 20.94 FEET THROUGH A CENITIAL ANGLE OF 60W00" TO A POINT ON A TANGENT LINE, SAID POINT BEING 30.00 FEET SOUTHERLY FROM THE CENTERLINE OF WALNUT AVENUE; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID WALNUT AVENUE NORTH 55*^7'00" EAST 71.00 FEET TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 55*^7'00" EAST 81.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 31.42 FEET THROUGH A CENTRAL ANGLE OF 90°00'00" TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF LINCOLN STREET, SAID POINT BEING 30.00 FEET FROM THE CENTERLINE OF SAID LINCOLN STREET; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE SOUTH 34«33'00" EAST 190.01 FEET; THENCE SOUTH 55*75'5l" WEST 10.00 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT 216; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT 216 SOUTH 55°25'51' WEST 92.00 FEET; THENCE NORTH 34»33'00' WEST 66.68 FEET; THENCE NORTH 55°26'14" EAST 1.00 FEET; THENCE NORTH 34°33'00'' WEST 143.36 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING APPROXIMATELY 21,193 SQUARE FEET I t /1 ^ TOMAS ROMERO EXP 3/31/09 RCE 29648 EXHIBIT V A PORTION OF THUM lANOS, TRACT 216. IN m OTY OF CARLSBAD, COUNTY OF SAN DIEOO, STATE OF CAUFORNI\ ACCORDING 70 MAP THEREOF NO. 1681, FUD IN TNE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. DECEMBER 9. 1915. 3335 UNCOm STREET J340 GARFIELD STREET 204-131 "03 204-131-04 (APN: 204-131-03)-PARCEL A BARON /NVESTMENT GROUP. LLC rtjs CAkUNO oa MAR DEL MAR. CA 92014 (760) 310-0909 BY:. DATE: PRINT AMME; THE BASIS OF BUmSS POR THIS SURVEY IS THE CENTERUNE OF GARFIELD STREET AS SHOWN ON PALISADES MAP NO. T747. /.£ S34'33'00t EXISTING LOT UNE BEING ADJUSTED ~ NEW LOT UNE —. EXISTING ADJACEWr LOT LINES POINr OF BEGINNING P.O.B. TRUE POINT OF BEGINNING T.P.O.B. (APN: 204-131-04)-PARCEL B JANE SONNEMAN, SUCCESSOR TRUSTEE ROBERT H. SONNEMAN UVING TRUST 10 HILLCREST COURT SAN FRANCISCO, CA 94127 (415) 990-1274 BY: QATF;_Vv^/3L!btfi PRINT NAME- TOMAS ROMERO 70756 VISTA VALLE DRIVE SAN DIEGO, CA 92131 619-506-2345 TDIMS ROMERO EXP. 3/31/09 RCE 29648 ADJUSTMENT PMr-C/TY OF CARLSBAD OmeR/APPUCMT: BARON INVESTMENT GROUP. LLC 1135 CAMINO DEL MAR DEL MAR, CA 92014 ^RERARED Bf: LUBOJASKY CONSULTING, LLC 13423 WYNGATE POINT SAN DIEGO. CA 92130 (619)508-2345 APW! 204-131-03 k 04 DAVID A HAUSER DATE DEPUTY CITY ENGINEER ^CE 33031 EXP. 6/30/08 ADJ 07-25 SHEET 1 OF 2 EXHIBIT 'B' WALNUT AVENUE N8^27'qg't(^ S5 N5S'27'00 71.00' T.p.o.a PAiKn. V 30' N5S'27'00t 2.68' APN: 204-131-01 Q N55r26'37t 91.00' ^ 8 APN; 204-tJT-02 « N55*26'74TE T.P.O.fl. PARCEL 'A' ^ /52.00' t 8f.00' 1 STREET CLOSURE ^ REC. APRIL 2. 7996 i8 AS 000 No. 1996-0163578 PARCEL "A*' BARON INVESTMENT GROUP 'WE 90.00' ^11 00 CL ^55*26 PARCEL "B SONNEmN TRUST S APN; 204-131-04 <g ARCA-6.002 S.r. EXAGGERATED FOR CLARHY 1.00- 90.00' S 8 V V NEW BOUNDARY EXISTm BOUNDARY N55'25'5lt 182.00' 30' ii ii 30' K Ui Ul (t CO o o z, 40' DATA 1 MBLf MARK BEARING/DELTA DISTANCE RADIUS LJ NSSr25*51'E 10.00' — Cl 90r00'00' 31.42' 20.00' C2 effoo'OQ' 20.94' 20.00' SCALE: f-40' ADJUSTMENT PLAT-CITY OF CARLSBAD OWNEI^APPUGMT: BARON INVESTMENT GROUP. LLC 1135 CAMINO DEL MAR DEL MAR, CA 92014 LUBOJASKY CONSULTING. LLC 13423 WYNGATE POINT SAN DIEGO, CA 92130 (619)508-2345 APN: 204-131-03 & 04 OWNEI^APPUGMT: BARON INVESTMENT GROUP. LLC 1135 CAMINO DEL MAR DEL MAR, CA 92014 LUBOJASKY CONSULTING. LLC 13423 WYNGATE POINT SAN DIEGO, CA 92130 (619)508-2345 /TT'^ V 1 QAMD A HAUSEf? OATE DEPUTE C/TY ENGINEER see £)(P, §/X/Q§ ADJ 07-25 SHEET 2 OF 2 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name ofthe Notary: Rose S. Fonesca Commission Number: 1773529 Date Commission Expires: October 15.2011 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) Signatured Citv of Citv of Carlsbad Place of Execution: Office of the Citv Clerk/Citv of Carlsbad Date: November 21.2007 Rec. Form #R10 (Rev.7/96) XJ • RECORDING REQUESTED BY: City of Carisbad Development Services Division WHEN RECORDED. MAIL TO: City Clerk Cityof Carisbad 1200 Carisbad Village Dr Carisbad, CA 92008 SPAC THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON NOV 29.2007 DOCUMENT NUMBER 2007-0745276 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 4:42 PM ASSESSOR'S PARCEL NO.: 204-131-04 PROJECT ID.: ADJ 07-25 CE 07-97 PROJECT NAME: Baron Investment Group ADJ LOT/PARCEL:_B. CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT (Section 66412(d) ofthe Govemment Code) NOTICE IS HEREBY GIVEN that pursuant to Government Code Section 66412(d) and to the provisions of the Carisbad Municipal Code, and upon application of the undersigned owner(s) of record, the following lot line adjustment is hereby approved by the City of Carisbad by its City Engineer. OWNER(S): ROBERT H. SONNEMAN LIVING TRUST DATED MARCH 1, 2006 DESCRIPTION: (See Exhibit "A" attached. Exhibit "B" is attached for clarity only.) NOTE: The description in Exhibit "A" attached has been provided by the owner of the property and neither the City of Carlsbad nor any of its officers or employees assume responsibility for the accuracy of said description. This Certificate of Compliance shall have no force and effect unless deeds reflecting the new boundaries are recorded pursuant to Govemment Code Section 66412(d). This Certificate of Compliance shall in no way affect the requirements of any other County, State, or Federal agency that regulates development of real property. Date: Rot>ert T. Johnson, Jr., City Engineer RCE 28515, Exp. 03/31/2008 BY: David A. Hauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 Ooe ER4)1.06 07/2en007 State of Califomia County of San Diego On before me, . Notary Public. (Date) ^ (Name of Officer) personally appeared . . (Namels] of Signer[s]) n personally known to me - OR - ^ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herAheir authorized capac*rty(ies), and that by his/her/their signature(s) on the instrument, the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary (This area for official notary seal) Title or Type of Document C^.H-f^^'u.i^, o / ^o.-^/g/iA -f^^ AJ)Ui'/*'>c^t^'^ put Date of Document ^^f No. of Pages S" Signer(s) other than named above. OocER^Jime 07/26/2007 SHEET 1 OF 1 APN: 204-131-04 EXHIBIT «A'» LEGAL DESCRIPTION ADJ 07-25 PARCEL"B" A PORTION OF THUM LANDS, TRACT 216, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF No. 1681, FILED IN THE OFHCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9,1915 AND DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF SAID TRACT 216, SAID POINT BEING 30.00 FEET, MEASURED AT RIGHT ANGLES, TO THE CENTERLINE OF GARFIELD STREET AND 40.00 FEET, MEASURED AT RIGHT ANGLES, FROM WALNUT STREET; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF GARFIELD STREET SOUTH 34''33'00" EAST 133.38 FEET TO THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTH 55»26*14" EAST 90.00 FEET; THENCE SOUTH 34°33'00 EAST 66.68 FEET TO THE SOUTHERLY LINE OF SAID TRACT 216; THENCE SOUTH 55*^5*51" WEST 90.00 ALONG THE SOUTHERLY LINE OF SAID TRACT 216 TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF GARFIELD STREET, SAID POINT BEING 30.00 FEET FROM THE CENTERLINE OF SAID GARFIELD STREET; THENCE ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID GARFIELD STREET NORTH 34033.00" WEST 66.69 TO THE TRUE POINT OF BEGINNING. CONTAINING APPROXIMATELY 6,002 SQUARE FEET TOMAS ROMERO RCE 29648 EXP 3/31/09 EXHIBIT V A PORTION OF THUM LANOS. TTMCT 2f6. IN THE CfTY OF CARISBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIK ACCORDING TO UAP THEREOF NO. 1681, FILED IN THE OFFXIE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9. f915. 3335 UNCOLN STREET 3340 GARFIEU) STREET 204-131-03 204-131-04 (APN: 204-131-03)-PARCEL A BARON INVESTMENT GROUP. LLC 1135 CAMINO DEL MAR DEL MAR. CA 92014 (760) 310-0809 OATE; TTTLE: 4^ PR/NT NAkEi^A^^ ^' f^U^n-'^ THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CENTERUNE OF GARFIELD STREET AS SHOWN ON PAUSADES MAP NO. 1747. I.E. SJ4*3J'00'E EXISTING LOT UNE BONG ADJUSTED • NEir LOT UNE • EXISTING ADJACENT LOT UNES POINT OF BEGINNING P.O.B. TRUE POINT OF BEGINNING T.P.O.B. mfiBL (APN: 204^131-04)-PARCEL B JANE SONNEMAN, SUCCESSOR TRUSTEE ROBERT H. SONNEMAN LMNG TRUST fO HILLCREST COURT SAN fRANOSOO. CA 94727 (415; 990-1274 By:Wfc/1^W»<SOI>w-J^ QAT^ ^'^/\^/a^>r^^ TITlf:"^ PRINT NAilFf^^Ki, Sot<Ht.<*va^ TOMAS ROMERO 10756 VISTA VAU£ DRIVE SAN DIEGO, CA 92131 619-508-2345 TOMAS ROMERO EXP. 3/31/09 RCE 29648 ADJUSTMENT PLAT-CITY OF CARLSBAD LUBOJASKY CONSULTING, LLC 13423 WYNGATE POINT SAN DIEGO, CA 92130 (619)508-2345 AF>N: 204-131-03 it 04 LUBOJASKY CONSULTING, LLC 13423 WYNGATE POINT SAN DIEGO, CA 92130 (619)508-2345 —— 1 T l i DAVID A. HAUSER DATE DEPUTY CITf ENGINEER RCE 33031 EXP. 6/30/08 ADJ 07-25 SHEET 1 OF 2 Omm^APPUCAHT: BARON INVESTMENT GROUP. LLC 1135 CAMINO DEL MAR DEL MAR, CA 92014 EXHIBIT 'B' WALNUT AVENUE N8s:27'qg't(i^ ^ .0 ^ N55-27'00t\ P.O.B. \ ^t-—^ ^ CO Q Ui ul ct 30' 5^ §1 .8 il T.P.O.B. PARCEL "V 30' 5 APN: 204-131-01 Q N55r26'37t 91.00' ^ S APN; 204-TJT-02 « N55r26'14t T.P.O.B. PARCEL 'A" ^ 152.00' i M.00' N55*26't4t 90.00' ^ PARCEL "e" I SONNEMAN TRUST ^ APN: 204-131-04 P g ^WBA-6.002 S.F. 3 EXAGGERATED FOR OARmr^ 90.00' STREET CLOSURE ^ REC. APRIL 2, 1996 P5 AS OOC No. !^ T996-0T6J578 PARCEL "A" BARON INVESTMENT GROUP ^ ? CM 7 2 O S 00 NEiy BOUNDARY EXISTING BOUNDARY \ 30' JO* N5S'25'51'E 182.00 UJ Ul Q: CO O O 40' OAfA 1 M8L£ MARK BGARfNG/DaTA DISr>WCE RADIUS LT N55*25*5tT T0.00' — c; 90*00*00' JT.42' 20.00' C2 60*00'00* 20.94' 20.00' ADJUSTMENT PLAT-CITY OF CARLSBAD OWHER/APPUCm: BARON INVESTMENT GROUP. LLC 1135 CAMINO DEL MAR DEL MAR. CA 92014 PKPIARED Bffi LUSOiASKY CONSULTING. LLC 13423 WYNGATE POINT SAN DIEGO. CA 92130 (619)508-2345 APN: 204-131-03 & 04 OWHER/APPUCm: BARON INVESTMENT GROUP. LLC 1135 CAMINO DEL MAR DEL MAR. CA 92014 PKPIARED Bffi LUSOiASKY CONSULTING. LLC 13423 WYNGATE POINT SAN DIEGO. CA 92130 (619)508-2345 —/T^r^.- 1/ i DAVID A HAUSER DATE DEPUTY CITY ENGINEER RCE 33031 EXP. 6/30/08 ADJ 07-25 SHEET 2 OF 2 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Rose 8. Fonesca Commission Number: 1773529 Date Commission Expires: October 15.2011 County Where Bond Is Filed: San Dieoo Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) Signature:, Carlsbad Place of Execution: Office of the Citv Clerk/Citv of Carisbad Date: November 21.2007 Rec. Form #R10 (Rev.7/96) DocuiTienrs provided j^^^nTree LLC via Ifs proprielary imaging and delivefy system Oopytight 2D03, AII^^^Heseived ^ Recording requested by ^ r-^cw/pn LandAmerka Developer Services RbCtWC^i-' Subdivtoion Department fi 1^ ^'^sJ.Z™ liiilliiiiiMI FIRST NATIONAL BANK OF NOniH COUNTY onOT-0267805 ^ SAN MARCOS OFRCE . I ZUU» — 1110 SAN MARINO DRIVE — ~ SAN MARCOS. CA 92078 ; FOR RECORDER S USE ONLY HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT THIS HAZARDOUS SUBSTANCES AGREEMENT dated April 16, 2007, is made and executed among Baron Investment Group, LLC, whose address Is 1135 Camino Del Mar, Del Mar, CA 92014 (sometimes referred to below as "Borrower" and sometimes as "Indemnitor"); and FIRST NATIONAL BANK OF NORTH COUNTY, SAN MARCOS OFFICE, 1110 SAN MARINO DRIVE, SAN MARCOS, CA 92078 (referred to below as "Lender"). For good and valuable consideration and to Induce Lender to make a loan to Borrower, each party executing this Agreement hereby represents and agrees with Lender as follows: PROPERTY DESCRIPTION. The word 'Property' as used In this Agreement means ttie following Real Property located In San Diego County, stale of California: See Extilbit 'A', which is attached to this Agreement and made a part of this Agreement as if fully set forth herein. The Real Property or its address is commonly Known as 3335-45 Lincoln St. & Vacant. Carlsl»d. CA 92008. The Assessor's Parcel Numt>er for the Real Property is 204-131-01, -02 and -03. REPRESENTATIONS. The following representations are made to Lender, subiect to disclosures made and accepted by Lender In writing: Use of Property. After due inquiry and Investigation. Indemnitor has no knowledge, or reason to believe, that there has been any use, generation, manufacture, storage, treatment, refinement, transportation, disposal, release, or threatened release of any Hazardous Substartces by any person on, under, or about the Property. Hazardous Substances. After due inquiry and investigation. Indemnitor has no knowledge, or reason to believe, that the Property, whenever and whether owned by previous Occupants, has ever contained asbestos, PCBs, lead paints or other IHazardous Substances, whether used In construction or stored on the Property. No Notices. Indemnitor has received no summons, citation, directive, letter or other communication, written or oral, Irom any agency or department of any counfy or state or the U.S. Govemment concerning any intentional or unintentional action or omissior on, under, or about the Property which has resulted in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of Hazardous Substances into any waters, ambient air or onto any lands or where danrtage may have resulted to the lands, waters, fish, shellfish, wildlife, btota, air or other natural resources. AFFIRMATIVE COVENANTS. Subject to disclosures made and accepted by Lender in writing, Indemnitor covenants with Lender as folk>ws: Use of Property. Indemnitor vnll nol use and does not Intend to use the Property to generate, manufacture, refine, transport, treat, store, handle or dispose of any Hazatdous Substances. PCBs, lead paint or asbestos. Compliance whh Environmental Laws. Indemnitor shall cause the Property and the operatkxis conducted on 11 to comply writh any and all Environmental Laws and orders of any govemmental authorities having jurisdk^n under any Environmental Laws and shali obtain, keep in effect and comply with all govemmental pennits and authorizations required by Environmental Laws with respect to such Property or operatnns. Indemnitor shall furnish Lender with copies of ali such permits and authorizations and any amendments or renewals ol them and shall notify Lender of any expiration or revocation ol such permits or authorizations. Preventive, Investigatory and Remedial Action. Indemnitor shall exercise extreme care in handling Hazardous Substances it Indemnitor uses or encounters any. Indemnitor, at indemnitor's expense, shall undertake any and all preventive, investigatory or remedial action (including emergency response, removal, containment and other remedial actnn] (a) required by any applicable Environmental Laws or orders by any govemmental authority having iurisdiction under Environmental Laws, or (b) necessary to prevent or minimize property damage (including damage to Occupant's own property), personal Injury or damage to the environment, or the threat of any such damage or injury, by releases o) or exposure to Hazardous Substances in connectton with the Property or (^rattans of any Occupant on the Property. In the event Indemnitor fails to perform any of Indemnitor's obligattons under this sectkxi of the Agreement, Lender may (but shall not be required to) perform such obligatons at Indemnitor's expense. All such costs and expenses incurred by Lender under this sectkm and otherwise under this Agreement shall be reimbursed by Indemnitor to Lender upon demand with Interest at the Note default rate, or in the absence of a default rate, et the Note Interest rate. Lender and Indemnitor intend that Lender shall have full recourse to Indemnitor for any sum at any time due to Lender under this Agreement. In performing any such obligattons of Indemnitor, Lender shall al all times be deemed to be the agent of Indemnitor and shall not by reason of such perfonnance be deemed to be assuming any responsibility ol Indemnitor under any Environmental Law or to any third party. Indemnitor heret)y irrevocably appoints Lender as Indemnitor's attomey-in-fact with full RECORDATION REQUESTED BY: f £3 i 3 ll RRST NATIONAL BANK OF NORTH COUNTY i rlUllI"" "•" " SAN MARCOS OFRCE , _r- r*AR\ SBAL) O-Afi PM 1110 SAN MARINO DRIVE PlTY OF OAKLOOriv APR 19, 2007 Z.4t>riVl SAN MARCOS, CA 92078 PU^jM^^ ^ WHEN RECORDED MAIL TO: 1U 2 » «> RRST NATIONAL BANK OF NORTH COUNTY GREGORY . SAN MARCOS OFFICE \ FEES: 2b."JU 1110 SAN MARINO DRIVE PAGES: ' SAN MARCOS, CA 92078 OFFICIAL RECOBDS * " Dacuments provided ^^^Tree LLC via ifs pfoprielary imaging and delivery system Copyrighl 2003, All HAZARDOUS SUBSTANCES AGREEMENT 10226 Loan No: 57502003 (Continued) Page 2 power to perform such of Indemnitor's obligations under this sectton of the Agreemenl as Lender deems necessary and appropriate. Notices. Indemnitor shall immediately notify Lender upon becoming aware ol any of the foltovtring: (1) Any spill, release or disposal of a Hazardous Substance on any of the Property, or In connection with any of its operattons If such spill, release or disposal must be reported to any govemmental authority under appikable Environmental Laws. (2) Any contaminatnn, or imminent threat of contamlnatkxi, of the Property by Hazardous Sut)stances, or any vnlatkxi of Environmental Laws in connectton vtrith the Profieny or the operatkxis conducted on the Properly. (3) Any order, nottoe of vtolatton, fine or penalty or other similar actton by any govemmental authority relating to Hazardous Substances or Environmental Laws and the Property or the operations conducted on the Property. (4) Any judicial or administrative investigation or proceeding relating to Hazardous Substances or Environmental Laws and to the Property or the operations conducted on the Property. (5) Any matters relating to Hazardous Substances or Environmental l^ws that wouto give a reasonably prudent Lender cause to be concemed that the value of Lender's security interest in the Property may be reduced or threatened or that may impair, or threaten to impair, Indemnitor's ability to perlomn any of its obligattons under this Agreemenl v^en such performance Is due. Access to Records. Indemnitor shall deliver to Lender, at Lender's request copies of any and all documents in Indemnitor's possesston or to whtoh it has access relating to Hazardous Substances or Environmental Laws and the Property and the operattons conducted on the Property, Including without limitatton results of laboratory analyses, site assessments or studies, environmental audit reports and other consultants' studies and reports. Inspections. Lender reserves the right to inspect and investigate the Property and operattons on it at any time and from time to time, and Indemnitor shaD cooperate fully with Lender in such inspectton and investigatkxis. If (.ender at any time has reason to believe that Indemnitor or any Occupants of the Property are not complying with all appltoable Environmental Laws or with the requirements of this Agreement or that a material spill, release or disposal of Hazardous Substances has occurred on or under the Property, Lender may require Indemnitor to fumish Lender at indemnitor's expense an environmental audit or a site assessment with respect to the matters of concem to Lender. Such audit or assessment shall be perfonned by a qualified consultant approved by Lender. Any inspecttons or tests made by Lender shall be lor Lender's purposes only and shall not be construed lo create any responsibility or fiability on the pail of Lender to any Indemnitor or to any other person. INDEMNn'OR'S WAIVER AND INDEMNIRCATION. Indemnitor hereby agrees to and shall indemnify, defend, and hoki hannless Lender and Lender's officers, directors, emptoyees and agents, and Lender's successors and assigns and their offtoers, directors, emptoyees and agents from and against any and all claims, demands, tosses, liabilities, costs, fines, penalties and expenses (including without limitation attorneys' fees at trial and on any appeal or petHton for review, consultants' fees, remedial action costs, natural resource damages and cKmlnution in value) Incurred by such person (a) arising out of or relating to any investigatory or remedial actton Involving the Property, the operattons conducted on the Property, or any other operattons of Indemnitor or any Occupant and required by Environmental Laws or by orders of any govemmental authority having jurisdtotton under any Environmental Laws, including without timitatton any natural resource damages, or (b) artsing out of or related to any noncompliance with or vtolatton of Environmental Laws or any appltoable pennits or approvals, or (c) on account ot injury to Lender or any person whatsoever or damage lo any property arising out of, in connection with, or in any way relating to (i) the breach of any covenant, representation or warranty contained In this Agreement, (11) the vtolatton of any Environmental Laws, permits, authorizations or approvals, (iii) the use, trealmenl, storage, generation, manufacture, transport, release, spill, disposal or other handling of Hazardous Substances on the Property, or (iv) the contaminatton of any of the Property by. or the presence, release or threatened release ol, Hazardous Substances by any means whatsoever (explicitly including without limitation any presently existing contaminatton of the Property, whether or not prevtously disctosed to Lender), or (d) pursuant to this Agreemenl. Indemnitor's obligations under this section shall survive the termination of this Agreement and as set forth betow in the Survival sectton. In addition to this indemnity, Indemnitor hereby releases and waives all present and luture claims against Lender for indemnity or contribution In the event Indemnitor becomes liable for cleanup or other costs under any Environmental Laws. PAYMENT: FULL RECOURSE TO INDEMNn'OR. Indemnitor intends that Lender shall have full recourse to Indemnlta for Indemnitor's obligations under this Agreement as they become due to Lender. Such liabilities, tosses, claims, damages and expenses shall be reimbursable to Lender as Lender's obligattons to make payments with respect thereto are incurred, without any requirement of MfaKIng for the ultimate outcome of any litigation, claim or ottier proceeding, and Indemnitor shall pay such liability, losses, claims, damages and expenses to Lender as so incurred wittiin Uiirty (30) days alter written notice from Lender. Lender's notice shall contain a brief itemization of ttte amounts incun'ed to ttie date of such notice. In addition to any remedy avallabia for tailure lo pay pertodtoally such amounts, such amounts shall ttiereafter bear Interest at ttie Note default rate, or in ttie absence of a default rate, at ttie Note interest rate. SURVIVAL. Tlie covenants contained In ttiis Agreemem shall survive (A) ttie repayment of ttie Indebtedness, (B) any forectosure. whettier judtotal or nonjudcial. of ttie Property, and (C) any delivery of a deed In lieu of forectosure to Lender or any successor of tender. The covenants contained in Uiis Agreement shall be for ttie benefit ol Lender and any successor to Lender, as hoMer of any security interest in ttie Property or ttie indebtedness secured ttiereby, or as owner of ttie Property foltovtring foreckisure or ttie delivery of a deed in lieu of foreclosure. MISCELLANEOUS PROVISIONS. The foitovinng miscellaneous provlstons are a part of ttiis Agreement: Amendments. This Agreement togettier witti any Related Documents, constitutes ttie entire understanding and agreement of ttie parties as to ttie matters set forth in this Agreement. No alteratton of or amendment to ttiis Agreemenl shall be effective unless given in writing and signed by ttie party or parties soi^t to be charged or bound by ttie alteration or amendment. Attorneys' Fees; Expenses. If Lender Institutes any suit or action to enforce any of the terms of ttiis Agreement, Lender shall be entitied to recover such sum as ttie court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whettier or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs ttiat in Lender's opinton are necessary at any time for ttie protectton of its interest or ttie enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at ttie Note rate from ttie date of ttie expenditure until repakl. Expenses covered by ttiis paragraph include, wittiout limitation, however subject to any limits under appltoable law. Lender's attorneys' fees and Lender's legal expenses, whettier or not ttiere is a lawsuit, including attorneys' fees and expenses for bankmptcy proceedings (including efforts to modify or vacate any automatic stay or injunctton), appeals, and any anttolpated post-judgment collectton servtoes, ttie cost of searching records, obtaining titie r^rts (including foreckisure Documenrs provided ^^^Tree LLC vie rs proprielHry itnaging artd delivery system Copyriglit 2003, Alii HAZARDOUS SUBSTANCES AGREEMENT AfiOO^ Loan No: 57502003 (Continued) IVaa i p^gg 3 reports), sun^eyors' reports, and appraisal fees and title insurance, to Uie extent permitted by appltoable law. Indemnitor also wili pay any court costs, in addition to ali ottier sums provided by law. Caption Headings. Caption headings In ttiis Agreement are for convenience purposes only and are not to t>e used to interpret or define the provlstons ol Uiis Agreement. Goveming Law. This Agreomeni will be govemed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Califomia wKhoul regard to Its conflicts of law provisions. This Agreement has been accepted by Lender In the State of Califomia. Choice of Venue. If ttiere is a lawsuit, Indemnitor agrees upon Lender's request to submit to ttie jurisdtoUon of ttie courts of SAN DIEGO County, State of Califomia. Joint and Several Uablltty. All obligattons of Indemnitor under ttiis Agreement shall be joint and several, and an references to Indemnitor shaP mean each and every Indemnitor. This means that each Indemnitor signing betow Is responsible for ali obligattons In this Agreement. No Waiver by L^der. Lender shali not be deemed to have waived any rights under ttiis Agreement unless such waiver is given In writing and signed by Lender. No delay or omisston on ttie part of Lender in exercising any right shali operate as a waiver of such right or any ottier right. A waiver by Lender of a proviston of ttils Agreement shall not prejudtoe or constitute a waiver of Lender's right otherv^e to demand strict comptiance witti ttiat proviston or any other provision of ttiis Agreement. No prtor waiver by Lender, nor any course ol dealing between Lender and Indemnitor, shall constitute a waiver of any of Lender's rights or of any of Indemnitor's obligations as to any future transactions. Whenever ttie consent of Lender is required under this Agreement ttie granting of such consent by Lender in any Instance shall not constitute continuing consent to subsequent instances where such consent Is required and in all cases such consent may be granted or wlttihekf In the sole discretton of Lender. Indemnitor hereby waives nottoe of acceptance of this Agreement by Lender. Notices. Any notice required to be given under ttiis Agreement shall be given In writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless ottienMse required by law), when deposited with a nationally recognized ovemight courier, or, if mailed, when deposited in ttie United States mail, as first ciass, certified or registered mail postage prepakj, directed to ttie addresses showm near Uie beginning of ttiis Agreement. Any party may change its address for nottoes under ttiis Agreement by giving fomial written notice to ttie ottier parties, specifying ttiat ttie purpose of ttie notice is to change ttie party's address. For nottoe purposes. Indemnitor agrees to keep Lender inlormed at all times of Indemnitor's current address. Unless ottienvise provkled or required by law, if ttiere is more ttian one Indemnitor, any notice given by Lender to any Indemnitor is deemed to be notice given to all Indemnitors. Severability. If a court of competent jurisdtoUon finds any proviston of ttiis Agreement to be illegal, invalU, or unenforceable as to any circumstance, ttiat finding shall not make ttie offending proviston illegal, invalto, or unenforceable as to any ottier circumstance. II feasible, ttie offending provision shall be consklered modified so that it becomes legal, valto and enforceable. If the offending proviston cannot be so modified, it shall be considered deleted from ttiis Agreement Unless ottierwise required by law, ttie Illegality, invalidity, or uneniorceabiiity of any proviston of this Agreement shall not affect ttie legality, valtoity or enlorceability of any other provision of ttils Agreement. Successors snd Assigns. Subject to any limitations stated in ttiis Agreement on transfer of Indemnitor's interest, ttils Agreement shall be binding upon and inure to ttie benefit of ttie parties, ttieir successors and assigns. If ownership of ttie Property becomes vested in a person ottier ttian Indemnitor, Lender, wittioul nottoe to Indemnitor, may deal witti Indemnitor's successors witti reference to ttiis Agreement and the Indebtedness by way of fortsearance or extenston wittiout releasing Indemnitor from ttie obligations of this Agreement or liability under ttie Indebtedness. Time Is of the Essence. Time is of ttie essence in ttie performance of ttils Agreemenl. DEFINmONS. The foltowing capitalized words and lemis shall have ttie foltowing meanings v^ien used In this Agreement. Unless specHtoally stated to the contrary, all references to dollar amounts shall mean amounts in lavirful money of ttie United States of Amertoa. Words and terms used'm ttie singular shall Include ttie plural, and ttie plural shall include the singular, as ttie context may require. Words and temis not ottierwise defined in ttils Agreement shali have ttie meanings attributed to such temis In ttie Uniform Commercial Code: Agreement. The word 'Agreement' means ttiis Hazardous Substances Agreement as this Hazardous Substances Agreement may be amended or modified Irom time to time, togettier wltti all exhibits and schedules attached to ttils Hazardous Substances Agreemenl from time to Ume. Environmental Laws. The virords "Environmental Laws' mean any and all state, federal and tocal statutes, regulattons and ordinances relating to ttie protecUon of human healtti or ttie environment Including wittiout i Imitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Sectton 9601. et seq. ('CERCLA'), ttie Supertund Amendments and Reauttiorization Act of 1986, Pub. L No. 99-499 ('SARA'), ttie Hazardous Materials Transportation Act 49 U.S.C. Section 1801. et seq., ttie Resource Consenratton and Recovery Act 42 U.S.C. Sectton 6901, et seq.. Chapters 6.5 ttirough 7.7 of DIvlskjn 20 of ttie California Healtti and Safety Code, Section 25100, et seq., or ottier appltoable state or federal lavtfs, rules, or regulations adopted pursuant ttiereto. Hazardous Substances. The words 'Hazardous Substances' mean materials ttiat, because of their quantity, concentratton or phystoal, chemtoal or infectious characteristics, may cause or pose a present or potential hazard to human health or ttie environment when improperty used, treated, stored, disposed of, generated, manufactured, b-ansported or ottierwise handled. The words 'Hazardous Substances' are used In their very broadest sense and include wittiout limitation any and all hazardous or toxto substances, materials or waste as defined by or Hsted under ttie Environmental Laws. The temi 'Hazardous Substances' also includes, without limitation, petroleum and petroleum by-products or any fraction ttiereof and asbestos. Indebtedness. The word 'Indebtedness' means all principal, interest and ottier amounts, costs and expenses payable under ttie Note or Related Documents, together witti all renewals ol, extensk>ns of, modiftoations of, consolkJattons of and substituttons for ttie Note or Related Documents and any amounts expended or advanced by Lender to discharge Indemnitor's obligations or expenses incurred by lender to enforce Indemnitor's obligatians under Uils Agreement togettier witti interest on such amounts as provkled in ttiis Agreement. Lender. The word 'Lender' means FIRST NATIONAL BANK OF NORTH COUNTY, its successors and assigns. Note. The word 'Note' means ttie Note executed by Baron Investment Group, LLC In Uie principal amount of $1,800,000.00 dated April 16, 2007. togettier witti aU renewals of, extenstons of, modifications of, refinancings of, consolklations ot and substituttons for ttie note or credit liVicuments provide<^^^«0Tree LLC via ifs proprietary irnaging and delivefy system f^pyfight 7^^, A^^^^ reserved Loan No: 57502003 HAZARDOUS SUBSTANCES AGREEMENT 10228 (Continued) Page 4 agreement Occupant. The word 'Occupant' means Indivkluaily and collectively all persons or entities occupying or utilizing ttie Property, whettier as ovmer, tenant, operator or ottier occupant. Property. The word 'Property' means all of Indemnitor's right, title and interest in and to all ttie Property as described in ttie 'Property Description' sectton ot ttiis Agreement. Real Property. The words 'Real Property' mean ttie real property, interests and rights, as further described in ttiis Agreement. Related Documents. The words 'Related Documents' mean all promissory notes, credit agreements, toon agreements, environmental agreements, security agreennents, mortgages, deeds ot trust, security deeds, collateral mortgages, and all ottier instruments, agreements and documents, whettier now or hereafter existing, executed in connectton with the Indebtedness. EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF T>1IS AGREEMENT, AND EACH AGREES TO US TERMS. NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE T>1IS AGREEMENT EFFECTIVE. THIS AGREEMENT IS DATED APRIL 16, 2007. BORROWER: BARON INVESTMENT GROUP, By:. Jaift^ W. Schmitz, Matfai LENDER: ivestmeni Group, LLC FIRST NATIONAL BANK OF NORTH COU OF NORTH COUNTY Signer CERTIFICATE OF ACKNOWLEDGMENT STATE OF. COUNTY OF . w^t^ pAJfi^ On. _. 20/9*7 before me. ) )SS ) fmrirfs O^Pf^^nr':, /vii^ri/ Pu/}Jic (here Insert name and tiUe of ttie officer) personally appeared James E. Schmitz, personally known to me (or proved to me on ttie basis of satisfactory evMence) to be the person(s) whose name(s) is/are subscribed to ttie wittiin Instrument and acknowledged to me that he/she^ey executed ttie same In hIsAierAheir auttiorized capacity(les), and that by hIs/herAheIr signature(s) on ttie Instrument the person(s), or the entity upon behalf of whtoh the per5on(6) acted, executed the insb'ument. WrrNESS my hand and official seal. Signature FRANCES CAZARES Commission # 1523024 I NofaiyPubOc-Califoinia \ San Dlego County | H/ly Comm. Expites Oct 3a 20081 (Seal) * Documents provided ^^^^Tree LLC vie ifs proprielary imaging and delivery system Copyright 2003, Ail^^^eserved 10229 HAZARDOUS SUBSTANCES AGREEMENT Loan No: 57502003 (Continued) Page 5 ^ CERTIFICATE OF ACKNOWLEDGMENT STATE OF lOrtK^U ) COUNTY OF ^s^Ci^ri On. . before me, ' ~ -J— ^\ r (here insert name and titie of ttie offtoei^ personaBy appeared ^^pl'Pl.'^ ffC^^ personally known to me (f^pmunri tr. mn nn thn haain n< satisfactory evidence) to be ttie personf^ vi/hose namels) iawe-subscrlbed to ttie wittiin instrument and acknowledged to me ttiat he/she^ttiey executed ttie same in his/herAbeir auttiorized capacity(M8), and ttiat by hls/het/ttielr slgnature{^ on ttie Instmment ttie person(e), or ttie entity upon behalf of whtoh ttie per5on(^ acted, executed ttie instrument. ^ I » A m a» • ^fci^b^ TBHMLCASIEIANOS Commlllion#l49763S WITNESS my hand and official seal. l^jpj^BB^ tUtfp County | sion^urfi^^-^C^^ U^OMO^ (Seal, rkjcLiinents provided ^^^pTree LLC via Ifs proprietary' imaging and delivery system Copyriglit 2M3, All| File No: 04611737 10230 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: PARCEL 1: A portion of Thum Lands, Tract 216, 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. Together with those portions of Walnut Avenue and Lincoln Street vacated by Resolution No. 96-59, a resolution of the City Council of the City of Carlsbad, a certified copy recorded April 2, 1996 as File No. 1996-0163578 of Official Records, all as set forth in that certain Certificate of Compliance recorded Apri! 18, 2007 as File No. 2007-0261639 of Official Records, all described as follows: Beginning at the Westerly corner of said Tract 216, said point being 30.00 feet, measured at right angles, to the centerline of Garfield Street and 40.00 feet, measured at right angles, from Walnut Street; Thence Southeasterly along the Northeasterly right-of-way line of Garfield Street South 34O33'00" East 66.69 feet; thence leaving said Northeasterly right-of-way line North 55°26'37" East 91.00 feet; thence North 34«33'00" West 76.68 feet, to the Southeasterly right- of-way line of Walnut Avenue, said point being 30.00 from the centerline of said street; thence Southwesterly along said right-of-way line South 55°27'00" West 71.00 feet, to the beginning of a tangent curve, concave Easterly, having a radius of 20.00 feet; thence along said curve an arc distance of 20.94 feet through a central angle of eo^OO'OO" to a point on a non-tangent line, said point being 40.00 feet from the centerline of Walnut Avenue, the radial bearing at said point being South 85°27'00" West; thence South 55«'27'00" West 2.68 feet to the point of beginning. PARCEL 2: A portion of Thum Lands, Tract 216, 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, as set forth in that certain Certificate of Compliance recorded April 18, 2007, as File No. 2007- 0261640 of Official Records, and as described as follows: Beginning at the Westerly corner of said Tract 216, said,point being 30.00 feet, nneasured at-right angles, to the centerline of Garfield Street and 40.00 feet, measured at right angles, from Walnut Street; thence Southeasterly along the Northeasterly right-of-way line of Garfield Street South 34O33'00" East 66.69 feet to the true point of beginning; thence leaving said Northeasterly right-of- way line North 55'>26'37" East 91.00 feet; thence South 34°33'00"- East 66.68 feet; thence South 55*='26'14" West 91.00 to the Northeasterly right-of-way line of Garfield Street, said point being 30.00 feet from the centerline of said Street; Page 3 DocuiT^ents provided^^^KTree LLC via Ifs proprietary imaging and delivery system Copyright ?003 Al^^^veserved n File No: 04611737 10231 thence Northwesterly along the Southeasterly right-of-way tine of Garfield Street North 34°33'00" West 66.69 feet to the true point of beginning. PARCEL 3: A portion of Thum Lands, Tract 216, 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. Together with those portions of Walnut Avenue and Lincoln Street vacated by Resolution No. 96-59, a resolution of the City Council of the City of Carlsbad, a certified copy recorded April 2, 1996 as File No. 1996-0163578 of Official Records, all as set forth in that certain Certificate of Compliance recorded April 18, 2007 as Fite No. 2007-0261641 of Official Records, all described as follows: Beginning at the Westerly corner of said Tract 216, said point being 30.00 feet, measured at right angles, to the centerline of Garfield Street and 40.00 feet, measured at right angles, from Walnut Street; thence Northeasterly along the Southeasterly right-of-way line of Walnut Avenue North 55*'27'00" West 2.68 feet to the beginning of a non tangent curve, the radial bearing to said point being North 85°27'00" East; thence along said curve 20.94 feet through a central angle of 60''00'00" to a point on a tangent line, said point being 30.00 feet Southerly from the centerline of Walnut Avenue; thence Northeasterly along the Southeasterly rightOofOway line of said Walnut Avenue North 55°27'00" East 71.00 feet to tbe true point of beginning; thence continuing along said right- of-way line North 55*'27'00" East 81.00 feet to the beginning of a tangent curve, concave Southerly, having a radius of 20.00 feet; thence along said curve an arc distance of 31.42 feet through a central angle of 90°00'00" to a point on the Southwesterly right-of-way line of Lincoln Street, said point being 30.00 feet from the centerline of said Lincoln Street; thence along said Southwesterly right- of-way line South 34«33'00" East 190.01 feet; thence South 55''25'51" West 10.00 feet to the most Easterly corner of said Tract 216; thence along the Southerly line of said Tract 216 South 55<'25'51" West 91.00 feet; thence North 34O33'00" West 210.04 feet to the true point of beginning. 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