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
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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,
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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
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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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