HomeMy WebLinkAboutCT 13-04; GOLDEN SURF; Tentative Map (CT) (2)W CITY OF
OAR LSBAD
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Develooment Permits
Administrative Pemiit
Coastal Development Permit (*) n Minor
• Conditional Use Permit (*)
I I Minor \Z} Extension
I I Environmental Impact Assessment
I I Habitat Management Permit O Minor
I I Hillside Development Permit (*)
^ Planned Development Permit
[^Residential dl Non-Residential
I I Planned Industrial Permit
I I Planning Commission Determination
I I Site Development Plan
I I Special Use Permit
Tentative Tract Map/Parcel Map
I I Variance CH Administrative
(FOR DEPT. USE ONLY) Legislative Permits
I I General Plan Amendment
(FOR DEPT. USE ONLY)
OOP 33 ^ Local Coastal Program Amendment (*)
n Master Plan O Amendment
I I Amendment I I Specific Plan
d Zone Change (*)
I I Zone Code Amendment
South Carlsbad Coastal Review Area Permits
I I Review Permit
I I Administrative O Minor CD Major
Village Review Area Permits
I I Review Permit
I I Administrative CH Minor CH Major
(*) = eligible for 25% discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).;
PROJECT NAME:
BRIEF DESCRIPTION OF PROJECT: ^ TM. f^O ^^ <^ O/^ j^3/L/jr / J /^JKUM IXS/'
BRIEF LEGAL DESCRIPTION: ^M^^L / C^f^ 1/^/TY2^^ C> / ^(^
LOCATION
ON THE:
OF PROJECT:
STREET ADDRESS
SIDE
BETWEEN
(NORTH, SOUTH, EAST, WEST)
(NAME OF STREET)
OF f^ns^^rc=> 0:n-.
AND
(NAME OF STREET)
(NAME OF STREET)
P-1 Page 1 of 6 Revised 11/12
OWNER NAME (Print): :!^^^
MAILING ADDRESS: ^^H:^ f^>^ M (Opj-
APPLICANT NAME (Print):^d^fyCs.jlffyC f^^j/f^
MAILING ADDRESS: j^-t>y
CITY, STATE, ZIP: QtsMf^A/^ CA[ 9^lS'0^lk
TELEPHONE: -HS^-- a¥OZi
CITY, STATE, ZIP: CA^^Oi^
TELEPHONE: O <^ iL >
EMAIL ADDRESS: > ^(^P a Ig.^gy rHf^il c . ^QIEMAIL ADDRESS:/^:^,^ n^oU^,^,^ h^oj/
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT AJJ,TF1&AB^E^0R|VIATI0N IS TRUE AND CORRECT TO
THE BES:
DATE DATE
APPLICANTS REPRESENTATIVE (Print):^^^y^6Yt:7'^C4j fj(L^^t\J/ /^^ttTP-MT^/^Ut*^^OUf/tSt^t
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
APPLICANT AND THAT AU. THEJfBOWE INFORMATION IS TRUE AND
CORRECJJ^a^^S^F I^>5KS|«5A/LEDGE. y y
DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSORS IN INTEREST
^PROPERTTOMIER SIGNATURE
FOR CITY USE ONLY
i:?/ 0 6 2013
DATE STAMP APPUCATION RECEIVED
RECEIVED BY:
P-1 Page 2 of 6 Revised 11/12
%
DISCLOSURE Development Services
<i5. STATEMENT Planning Division
^ CITY Of- p <f / A \ 1635 Faraday Avenue
CARLSBAD (760)602-4610 v,rf#%i \ www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is definedras "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, distridt or other political subdivision or any other group or combination acting as a unit"
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned
corporation. include the names, titles, and addresses of the corporate officers. (A
separate^ge may be attached if necessary.)
Person
f<0^^fn^^lC^ib0^t>J Corp/Part
Title yfe^^ ^CUJtJffA— Title
Address/"^^ 1^ S/O, OnA^it^ ^reg'^^^^'^^g^P
2. OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or oartnership. include the names, titles, addresses of
all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
^ Person '^^('-i^^ '^...UmoU^^ Corp/Part
Title ^rtd ickc ^ f" Title
Address
P-1 (A) Page lof 2 Revised 07/10
4
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director ofthe non-
profit organization or as trustee or beneficiary ofthe.
Non Profit/Trust_
Title
Non Profit/Trust,
Title
Address Address
Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
• ves ^ No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to tl
Signatufe-of owner/dat€
my knowledge
ignature of applicant/date
Print or type name of owner 'rint or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
p-1 (A) Page 2 of 2 Revised 07/10
Minutes ofthe Members
of fiolden Surf Holdings, a California Limited Liability Company
1. The Members, as set forth by the signatures below, and the formation of the
LLC being October 20. 2010. met on:
October 27, 2010 and met at:
6586 Scaup Street
Carlsbad, CA 92011
2. RESOLVED. that this company establish in its name, one or more bank
accoiint.s. relationships and related items with various entities, and that the President, duly
voted and also known as the Chief Operating Ofllce shall be:
F.ARZAN DEHMOl.fBED, with the authont)' to e.\ecuie al! documents on behalf of the
3. It is RESOLVED FURTHER, that the company, for all tiiture business and
other such relationships pursuant to the Operating Agreement ofthe company, as well as
the applicable sections ofthe California Corporation.s Code conduct their business
accordingly.
4. It !s RESOLVI:D FURTHER, thai the eumpany.has obtained a Federal Tax
kientificatson number through their accountant Frank Skmner and such number is also
known as iheir Employer Identification Number and « as Ibllows:
27-3739852
5 U is furkm r««»lvcd tkm mtmhm reviewed md mttpUd At C^ptmttag
Atr8««t»t of emipsBy, mxmiin§^ Miopied it, at #vi4ttf»fd by Mt •^pMtaiw
tkmoa.
All refoltttioa* coB»in«4 herein were voted oa mi tkt remits of Mid vo«» wwe
uaiuiuaBiOtis.
Sign#d (print a«ai8)Fre«kIeBtCEO (pnitd**!)
Sigmd (jprint amis) mmtier (pmt dMe>
MO cmtciN*.!
CtKtlF'ICATF INrtJBI.sr!S> IN-ltWESTlSt
iHANSrmRRff*
Golden Surf Holdings, LLC
Ardeshir Dehmoubed
one-third ^ ^ iii-m/i4 fJityt <^ '/H/(•/•• fM/f^j.)
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- 1
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Oct. 2010
c
NO, OWKilNAt
CEWliriCATti >mtl»KST(Sl
OmM»lim> IM)Bt THK UIMV8 0(> THE STATE OF CJ^^
OCTOBER ». 2010
Golden Surf Holdings, LLC
{Uliiii (Ctrtifita that.
/•t if/.i/i-,'ft/ /itf/t/fi' IJ
< J //r il.
Ramin Dehmoubed
• ti //t
one-third ~ '"" //l t/l/lt K'Jit/t f '/n/fyi'.i/(.i)
t///'/'t /i<t//fft/ "ii t'nt^iatitf, /fit f.^^r/it//' t:.tf/>f ,11 //, /tH./., t'^ //<' '"if ni/i^itiHif /if //»' /v/f/i r /cft-t.^'
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f/i/o ..^.^ 20th. ^^^^ • Jv.^ 'I',.^^^ Oct. ,:^ryi, 2010
NO. 0»K-,INAI OBtCtNAl
MEM«r»»Ntf-
one-third
tKJi'OHPI 2Ct 201fr
Golden Surf Holdings, LLC
iiii:.'..:':!'fEnmtn!PT
Farzan Dehmoubed
.t.//r
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.4
W CITY Of-
CARLSBAD
IT PROJECT
DESCRIPTION
P-1(B)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME:
APPLICANT NAM
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Project Description
Develop the existing residence and lot (1.1 acres) into three separate projects
The lots will be broken down as follows:
Lot #1 Condominium Project of 4 units
Lot Size: 26,697 sq.ft. 0.61 acres
Density: 6.56 units per acre
Unit Breakdown Plan 1st Floor 2nd Floor Total Gara<
Unit#1 A 934 1,258 2,192 511
Unit #2 B 1,097 1,129 2,226 504
Unit #3 B 1,097 1,129 2,226 504
Unit #4 A 934 1,258 2,192 511
Total 8,836 2030
Lot Coverage: 40.7% (10,866 sq.ft.;
Lot #2 Custom Residence
Lot 7378 sq.ft. 0.17 acres
Density: 5.8 units per acre
Residence
2 Car Garage
Lot coveraged 30.7% (2265 sq.ft.)
Setbacks Proposed
3260 sq.ft.
445 sq.ft.
Front: 20' at Garage 10' Front Living Room
Side: 10' (East side garage at 5' and west side at 10')
Rear: 20'
Lot #3 Existing Residence to remain
Lot of 13,805 sq.ft. 0.32 acres
Density: 3.13 units per acre
Existing Residence
Existing garage
Lot Coverage
Setbacks
1,871
574
sq.ft.
sq.ft.
17.7%
Front: Approximately 23'-6"
Side: West side approxiateiy 15' and 10' east side
Rear: 20'
^ C 1 T Y O F
CARLSBAD
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P"1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 ofthe State Government Code.
I I The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 ofthe State Government Code.
APPLICANT PROPERTY OWNER
Name: j^^^^lUfryi^jh^P^U^ ^Q^l<a) Name: (£>ac/P&hJ ^Af^ jJoi4>^*^
Address: f. O. S/O Address: ^ "^f B f^tJt^/PtfL/dp/m
Phone Number^;^) 4^3^- ^^(^lO Rhone Number^V^) ^Bg'-'ff^'^
Address of Site: ^If^ /^^^ Qes^f^/UpS ^ <^/»7^<^ ^
Local Agency (City and Countv): ^^7Y <::^^AtU.'^
Assessor's book, page, and parcel number:_
Specify list(s):_
Regulatory Identification Number:
Date of List: // ^^-/'^
Property OwrterSignafure'/Date""^ '
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of 2 Revised 02/13
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant) ^ ,
Date Filed: »A (To be completed by City)
Application Number(s):
<3eneml Inlbrmation
Nameof project: QrP<:^L#a»J S^i^^ 1.
2. Name of developer or project spor^or:
Address: ^ d-^^f ^^^^^ K:)^.r^
City, State, Zip Code: ^Q(^t\^^c,J, C 1\' , 9^//
Phone Number:
3. Name of person to be contacted concerning this project:
Address:
City, State, Zip Code: ,
Phone Number:
4. Address of Project: ^ JjB 0T^S^ ^4ft^
Assiessor's Parcel Number
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, r^ional, state and federal agencies:
6. Existing General Plan Land Use Designation: "fS ^
7. Existing zoning district: "^f"^
8. Existing land us6(s): '^/Mg^Ltf" fl/^Uf ^L^/ptn^^
9. Proposed use of site (Project for which this forni is filed): /fevfe^ 3
Project Description
10.
11.
Site size: //&t:mS
Ptopomi Building square footage: /'^^/C^C^ '^.f^
12: Number of floors of construction:
13. Amount of off-street parldng provided:
14. Assodated projecte: __________
P-1(D) Page 2 of 4 Ptavised 67/10
15. If residential, include the number of units and schedule of unit sizes:
16. If commercial, indicate the type, whether neightsorhood, city or regionally oriented, square footag #
of sales area, and toading fedlifles:
/sjy^y-^
17. If industrial, indi^te type, estimated employment per shift, and loading facilities:
NA
18. If institajtionai, indicate ttie major ftinction, estimated employment per shift, estimated occajpancy,
loading fadlities, and community benefits to be derived from the project:
19. If the project involves a varianc», conditional use or rezoning applications, state Ws and indicate
dearty why tiie application is required:
p.1(D) Page 3 of 4 Ftevised 07/10
Are the Mowing Hems applicabis to the prtyeci or Its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yes Jtef
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial • p[
alteration of ground contours. /
21. Change in scenic views or vistas from existing residential areas or public lands or •
poads. /
22. Change in pattem, scale or character of general area of project. •
23. Significant amounte of solid waste or litter. •
24. Change in dust, ash, smoke, liimes or odors in vidnity. •
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or •
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibratfon levels in the vicinity. O
27. Site on filled land or on slope of 10 percent or more. •
28. Use of disposal of potentially hazardous materials, such as toxic substances. •
flammables or explosives,
29. SubstanUal change in demand for municipal services (police, fire, water, sewage, •
etc.).
30. Substantially inaease fossil fuel consumption (electtcity, oil, natural gas, etc.). •
31. Relationship to a larger project or series of projects. D
Environmental Setting
Attach sheets tirat include a response to the following questions:
2. \ Describe the project site as it exists before the project, induding infonnation on topc^raphy, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existir#
structures on the site, and ttie use of the structures. Attach photographs of ttie site. Snapshots
or Polaroid photos will be accepted.
Describe the surrounding properties, including infonnation on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.).
intensity of land use {one-family, apartment houses, shops, department stor^, etc.), and scale of
development (height, frontage, set-bade rear yard, etc.). Attach photographs of the vidnity.
Snapshots or polaroid photos will be acc^ted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to ttie best of my ability, and ttiat the facts, statemente, and
infomiation presented are tnje and conrect to the best of my knowledge and.^ef.
Date: A ^ ^ ^ f Signature:
For:
P-l (D) Page 4 of 4 Revised 07/10
32.
The current site is an old infill lot that is the left over portion of a very large orchard.
The lot has an existing residence and we have added a new garage and 2"'^ dwelling
unit to the existing home.
The Land currently has an orchard of old fruit trees including avocado and citrus
trees.
The orchard has been maintained and weeded as required by the city and will be
removed with grading. There are no erosion control issues and no environmental
issues or soils issues. The spoils report and the bio study indicated no issues
whatsoever.
There is currently a wood screen wall between the right of way and the property.
This fence will be maintained during construction as a screening or security fence.
The main house and the landscaping has been really well maintained and is a
attractive component of the neighborhood. We have also updated the existing
house with new stucco to match the addition and is now a attractive part of the
community.
33.
There is no cultural, historical or scenic aspects on the lot. The surrounding
properties have all been developed into private housing tracks and condominiums.
This is practically the last remaining empty buildable lot in the area.
Our design of dressing up the existing home and garage + the new custom home by
Cam De Las Ondes is of higher quality than the surrounding neighborhood. The
proposed 4 units are on a flag lot on the rear that cannot be seen from the street, but
our design for these are of the same quality as the surrounding homes.
The surrounding properties are all residential and we plan to keep the same quality
and density. We are maintaining the density ofthe SP20 zoning ordinances for 4
units and less density on the custom home and existing units.
GOLDEN SURF PROJECT
mi
Facing East in the lot Facing South in the lot
Facing North/west inside of the lot Facing North at the entrance of the lot
Facing North / West the entrance of the lot Facing North/East at the lot from cam de las ondes
t^
^ CITY OF
CARLSBAD
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
Development Services
Planning Division
1635 Faraday .?/enue
(760) 602-4610
www.carlsbadca.gov
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion lv!^'iter.
If you have any questions regarding application submittal requirements (i.e., clarification
regarding a specific requirement or whether all requirements are necessary for your particular
application) please call (7610,602-4610.
Applicant Signature:
Staff Signature:
Date:
To be stapled with receipt to the application
SEP
P-1(E) Page 1 of 1 Revised 07/10
CITY
CARLSBAD
O F
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
To address post-development pollutants that may be generated from development projects, the City requires that new development and
significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project
design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards
(Volume 4, Chapter 2) at www.carlsbadca.qov/standards.
Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision,
discretionary permits and/or constmction permits). The results of the questionnaire determine the level of storm water standards that
must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to
'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many
aspects of project site design are dependent upon the storm water standards applied to a project.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has
responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire
was Incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return
of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please
seek assistance from Land Development Engineering staff.
A separate completed and signed questionnaire must be submitted for each new development application submission. Only one
completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently.
In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits
for the project.
Please start by completing Step 1 and follow the instructions. Wtien completed, sign ttie form at ttie end and submit this with your
application to the city.
To determine if your project Is a priority development project, please answer the following questions:
YES NO
1. Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet
the following criteria: (1) Designed and constructed to direct storm water runoff fo adjacent vegetated areas, or
other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from
paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in
accordance with USEPA^een Streets guidance?
• 0
2. Is your project LIMITED TO'fetrofitting or redeveloping existing paved alleys, streets, or roads that are
designed and constructed in accordance with the USEPA Green Streets guidance? • 0
If you answered "yes" to one or more of the above questions, then your project is NOT a priority development project and therefore is
NOT subject to the storm water criteria required for priority development projects. Go to step 4, mark the last box stating "my
project does not meet PDP requirements" and complete applicant information.
If you answered "no" to both questions, then go to Step 2.
E-34 Page 1 of 3 Effective 6/27/13
«!•>
^ CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineenng
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
.- • • ;$:i:f!*;0':•'''^V
To determine if your project is a priority development project, please answer the following questions: YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively
over the entire project site? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or private land. •
2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire
project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial,
industrial, residential, mixed-use, and public development projects on public or private land. •
Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a restaurant? A restaurant Is a facility that sells prepared
foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared
foods and drinks for immediate consumption.
•
is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a hillside development project? A hillside development
project includes development on any natural slope that is twenty-five percent or greater. •
Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a parking lot. A parking lot Is a land area or facility for the
temporary padding or storage of motor vehicles used personally for business or for commerce. •
Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a street, road, highway freeway or driveway? A street,
road, highway, freeway or driveway is any paved impervious surface used for the transportation of
automobiles, trucks, motorcycles, and other vehicles.
•
Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of
impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive
Area (ESA)? "Discharging Directly to" includes flow that is conveyed overiand a distance of 200 feet or less
from the project to the ESA. or conveyed In a pipe or open channel any distance as an isolated flow from the
project to the ESA (i.e. not commingles with flows from adjacent lands).*
•
8. Is your project a new development that supports an automotive repair shop? An automotive repair shop is a
facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013,
5014, 5541. 7532-7534, or 7536-7539. •
Is your project a new development that supports a retail gasoline outlet (RGO)? This category includes RGO's
that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of
100 or more vehicles per day. • 0
10.1s your project a new or redevelopment project that results in the disturbance of one or more acres of land and
are expected to generate pollutants post construction? •
11.1s your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%? 0
If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore subject to
implementing structural Best Management Practices (BMP's) in addition to implementing Standard Storm Water Requirements such
as source control and low impact development BMP's. A Storm Water Management Plan (SWMP) must be submitted with your
application(s) for development. Go to step 3 for redevelopment projects. For new projects, go to step 4 at the end of this
questionnaire, check the "my project meets PDP requirements" box and complete applicant information.
If you answered "no" to all of the above questions, you ARE NOT a priority development project and are therefore subject to
implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all
development projects. A Storm Water Management Plan (SWMP) is not required with your application(s) for development. Go to step
4 at the end of this questionnaire, check the "my project does not meet PDP requirements" box and complete applicant
information.
E-34 Page 2 of 3 Effective 6/27/13
^ CITY
CARLSBAD
O F
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
f. r,_i If, — .', ify
Complete the questions below regarding your redevelopment project: YES NO
Does the redevelopment project result in the creation or replacement of impen/ious surface in an amount of less than
50% ofthe surface area ofthe previously existing development? an If you answered "yes," the structural BMP's required for Priority Development Projects apply only to the creation or replacement of
impervious surface and not the entire development Go to step 4, check the "my project meets PDP requirements" box and
complete applicant information.
If you answered "no," the structural BMP's required for Priority Development Projects apply to the entire development. Go to step 4,
clieck the "my project meets PDP requirements" box and complete applicant information.
Ul i;4,u i' a^' J
• My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater
criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application.
I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details.
My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per
the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project.
Applicant Information and Signature Box
Address: g^gg p^sEO DEL NORTE, Carlsbad Accessor's Parcel Number(s): 214-531-51
Applicant Name: Farzan Dehmoubed Applicant Title: Owner
Date: 10/01/13
This Box for City Use Only
City Concurrence: YES NO
By:
Date:
Project ID:
* Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas
designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the
San Diego Basin (1994) and amendments); water bodies designated with the F?ARE beneficial use by the State Water Resources
Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as presen/es or their
quivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent
environmentally sensitive areas which have been identified by the Copermittees.
E-34 Page 3 of 3 Effective 6/27/13
Indemnification and Insurance Requirement for Village Area Administrative Permit
Certification Statement:
I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true
and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject
project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of
Carisbad and its officers and employees from all claims, damage or liability to persons or property arising from or
caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or
the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability
was caused by the sole active negligence of the City of Carisbad or its officers or employees. I have submitted a
Certificate of Insurance to the City of Carisbad in the amount of one million dollars issued by a company which
has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class
VII) or better which lists the City of Carisbad as "additional insured" and provides primary coverage to the City.
I also agree to notify the City of Carisbad thirty days prior to any cancellation or expiration of the policy. The
notice shall be delivered to:
City Planner
City of Carisbad
1635 Faraday Avenue
Carisbad
The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business
is operated on the public sidewalk. This agreement is a condition ofthe issuance ofthis administrative permit for
the subject of this pennit on the public sidewalk. I understand that an approved administrative permit shall
remain in effect for as long as outdoor displays are pennitted within the Village Review Area and the permittee
remains in compliance with the subject approved permit.
it
Signature. ^'^r^^^^ ^.-^^^ Date: 7JD)'^
Certification Statement:
I Certify that I am the Legal Property Owner for the subject business location and that all of the above
information is true and correct to the best of my knowledge. I support the applicants request for a permit to
place the subject property on the public sidewalk. I understand that an approved administrative permit shall
remain in effect for as long as outdoor displays are pennitted within the Village Review Area and the permittee
remains in compliance with the subject approved permit.
^ ..inn.,,,,. ^^.S^ ^„ . ^ Date: t^ ^^-^ ''^
p.1 Page 3 of 6 Revised 11/12
® Chicago Title Company
Builders Services Division
2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400
Title Department: Customer Department;
Chicago Title Company Golden Surf Holdings
Attn: Mark Franklin Attn: Farzan Dehmoubed
Email: Mark.Franklin(a),ctt.com 13067 Caminito Del Ricio
Phone: (619)521-3533 Del Mar, Ca. 92014
Fax: (619)521-3630 Reference No.: 214-531-51
Order No.: 930025903-U12
UPDATED PRELIMINARY REPORT
Property Address: 6798 Paseo Del Norte
Carlsbad, Ca.
Dated as of: November 21, 2013 at 7:30 am
In response to the application for a policy of title insurance referenced herein, Chicago 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions
and Stipulations or Conditions of said Policy forms.
The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy
or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause.
When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain
coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are
available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Tide Insurance Company
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in
Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with
notice of matters which are not covered under the terms of the title insurance policy and should be
carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of
title and may not list all liens, defects, and encumbrances affecting title to the land
CALIFORNLA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
CLTA Preliminary Report Form - Modified (11-17-06)
Page 1
Order No.: 930025903-U12
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee as to Parcel(s) 1
An Easement, more fully described below as to Parcel(s) 2 and 3
2. Title to said estate or interest at the date hereof is vested in:
Golden Surf Holdings, LLC, A Califomia Limited Liability Company
3. The land referred to in this report is situated in the State of Califomia, County of San Diego and is
described in the Legal Description, attached hereto:
END OF SCFIEDULE A
CLTA Preliminary Report Form - Modified (11-17-06)
Order No.: 930025903-U12
LEGAL DESCRIPTION
PARCEL 1:
PARCEL 1 OF PARCEL MAP NO. 6136, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JULY 6, 1977.
EXCEPTING THEREFROM 1/2 OF ALL OIL, GAS AND MINERALS RIGHTS IN, ON AND UNDER
SAID LAND, WITHOUT RIGHT OF INGRESS OR EGRESS.
PARCEL 2:
A 5.00 FOOT EASEMENT FOR WATER LINE PURPOSES OVER A PORTION OF THE WEST
HALF OF FRACTIONAL SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNL\, THE
CENTER LINE OF SAID 5.00 FOOT EASEMENT IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER SECTION CORNER OF SAID SECTION 21 AS SHOWN
ON LA COSTA DOWNS, MAP NO. 2013 ON FILE IN THE OFFICE OF THE COUNTY RECORDER
OF SAID SAN DIEGO COUNTY; THENCE NORTH 89°40'20" WEST ALONG THE SOUTH LINE
OF SAID SECTION 21, A DISTANCE OF 1243.54 FEET TO A POINT DISTANT THEREON SOUTH
89°40'20" EAST, 119.00 FEET FROM THE SOUTHEAST CORNER OF SAID LA COSTA DOWNS
UNIT NO. 1; THENCE NORTH 0°00'40" WEST, PARALLEL WITH THE EAST LINE OF LA
COSTA DOWNS, 94.5 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89°40'20"
WEST, PARALLEL WITH THE SOUTH LINE OF SAID SECTION 21,70.5 FEET TO AN EXISTING
WATER PIPELINE AS IT NOW EXISTS ON AUGUST 20, 1958.
PARCEL 3:
AN EASEMENT 10 FEET IN WIDTH FOR SEWER LINE PURPOSES UNDER, OVER, ALONG
AND ACROSS A PORTION OF FUCHSIA LANE OF CARLSBAD TRACT NO. 76-4, AS SHOWN
ON MAP NO. 8423 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, CALIFORNL\, THE CENTER LINE OF SAID EASEMENT BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF FUCHSIA LANE DISTANT NORTH 0°32'50"
EAST, 22.50 FEET FROM THE SOUTHEAST CORNER OF SAID LANE; THENCE NORTH
44°27'10" WEST, 28.24 FEET; THENCE NORTH 89°27'10" WEST, 5.00 FEET. THE SIDELINES OF
SAID EASEMENT TO TERMINATE AT SAID EAST LINE, EASEMENT HEREIN GRANTED
APPURTENANT TO DOMINANT TENEMENT DESCRIBED AS: PARCEL 1, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 6136 OF
PARCEL MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JULY 6, 1977.
APN: 214-531-51
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form - Modified (11-17-06)
Page 3
Order No.: 930025903-U12
SCHEDULE B
At the date hereof, items to be considered and exceptions to coverage in addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
1. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(commencing with Section 75) of the revenue and taxation code of the State of Califomia
2. Easements for ingress and egress, pipelines, drainage and/or public utilities and incidental purposes
thereto over, under, along and across the easement parcel(s) herein described, as granted and/or
reserved in various deeds of record
Affects: Parcels 2 and 3
3. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: Robert Kostolany, et al
Purpose: road and public utility
Recorded: September 24, 1963 as Instrument No. 170422 of Official Records
Affects: The route thereof affects a portion of said land and is more fully
described in said document.
4. Recitals as shovm on that certain Map referred to in the legal description herein, which among other
things contains various provision pertaining to the improving or developing of the herein described
land.
5. An easement for the purpose shown below and rights incidental thereto as shown or as offered for
dedication on the recorded Map shown below.
Easement
Purpose: slope
Affects: as shown on said Parcel Map
6. A covenant and agreement upon and subject to the terms and conditions therein
Executed By: Charles J. Kramer and Alice M. Kramer
In Favor Of: City of Carlsbad
Recorded: Julv 11. 1977 as Instrument No. 77-0275099 of Official Records
Reference is hereby made to said document for full particulars.
7. A covenant and agreement upon and subject to the terms and conditions therein
Executed By: The City of Carlsbad
In Favor Of: Charles J. Kramer and Alice M. Kramer
Recorded: March 28. 1978 as Instrument No. 78-0120215 of Official Records
Reference is hereby made to said document for full particulars.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 4
Order No.: 930025903-U12
SCHEDULE B
(continued)
8. A document entitled "Resolution NC 97-528 Overruling and Denying Protests and Establishing
Bridge and Thoroughfare District No. 2 (Aviara Parkway-Poinsettia Lane) to Finance the
Costs of Major Public Improvements in said City", executed by The City of Carlsbad, subject to
all the terms, provisions and conditions therein contained, recorded July 22. 1997 as Instrument No.
1997-0349124 of Official Records.
9. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title
Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in
possession thereof
This office must be notified at least 7 business days prior to the scheduled closing in order to
arrange for an inspection of the land; upon completion of this inspection you will be notified of the
removal of specific coverage exceptions and/or additional exceptions to coverage.
10. Any rights of parties in possession of said land, based on any unrecorded lease, or leases.
This Company will require a full copy of any unrecorded lease, together with all supplements,
assignments, and amendments for review.
END OF SCHEDULE B
CLTA Preliminary Report Form - Modified (11-17-06)
Page 5
Order No.: 930025903-U12
INFORMATIONAL NOTES
Note No. 1: If this company is requested to disburse funds in connection with this transaction.
Chapter 598, Statues of 1989 mandates hold periods for checks deposited to escrow or sub-escrow
accounts. The mandatory hold period for cashier's checks, certified checks and teller's checks is
one business day after the day deposited. Other checks require a hold period from three to seven
business days after the day deposited.
Note No. 2: Any fiinding wires to Chicago Title Company are to be directed as follows:
Bank: Union Bank
2001 Michelson Drive
frvine,CA 92714
Bank ABA No.: 122000496
Account Name: Chicago Title Company
Account No.: 9100267494
For Credit To: Chicago Title Company
2365 Northside Drive, Suite 500
San Diego, CA 92108
Order No.: 930025903-U12
Attention: Patty Layman
Tide Officer
Note No. 3: The policy of title insurance will include an arbitration provision. The Company or the
insured may demand arbifration. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating to this policy,
any service of the Company in connection with its issuance or the breach of a policy provision or
other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued
if you wish to review the arbitration provisions and any other provisions pertaining to your Title
Insurance coverage.
Note No. 4: The policy to be issued may contain an arbitration clause. When the Amount of
Insurance is less than the amount, if any, 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.
CLTA Preliminary Report Form - Modified (II-17-06)
Page 6
Order No.: 930025903-U12
INFORMATIONAL NOTES
(continued)
Note No. 5: Your open order request indicates that a Limited Liability Company will be acquiring,
encumbering or conveying real property in your transaction. Under the provisions of "the
Califomia Limited Liability Act, effective September 30, 1994" the following will be required:
1. A copy of the Articles of Organization (and all amendments, if any) that has been filed with
the Secretary of State.
2. The requirement that this Company be provided with a copy of the Operation Agreement.
The copy provided must be certified by the appropriate manager or member that it is a copy
of the current operating agreement.
3. If the Limited Liability Company is member-managed then this Company must be provided
with a current list of the member names.
Note No. 6: Plotted easements
Note No. 7: Property taxes, for the fiscal year 2013 - 2014 are paid. For information purposes the
amounts are:
P' Installment: $4,308.33 Paid
2"'' Installment: $4,308.33 Paid
Exemption: $0.00
Code Area: 09018
Assessors Parcel Number: 214-531-51 -00
MLM.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 7
Order No.: 930025903-U12
INFORMATIONAL NOTES
(continued)
ATTACHMENT ONE
PRIVACY STATEMENT
IMPORTANT INFORMATION:
For those of vou receiving this report bv electronic delivery the Privacy Statement and Exclusions
From Coverage are linked to this report. Please review this information by selecting the link. For
those of vou who are receiving a hard copy of this report, a copy of this information has been
submitted for your review.
CLTA Preliminary Report Form - Modified (11-17-06)
Pages
AGO TITLE INSURANCE COM^^Y
Fidelity National Financial Group of Companies' Privacy Statement
July 1, 2001
We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws.
We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to
whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy
Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with
applicable privacy laws.
In the course of our business, we may collect Personal Information about you from the following sources:
• From applications or other forms we receive from you or your authorized representative;
• From your transactions with, or from the services being performed by, us, our affiliates or others;
• From our Intemet web sites;
• From the public records maintained by govemment entities that we wither obtain directly from those entities, or
from our affiliates or others; and
• From consumer or other reporting agencies
Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information
We maintain physical, elecfronic and procedural safeguards to protect your Personal Information from imauthorized access or
intrusion. We limit access to the Personal Information only to those employees who need such access in connection with
providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate
settlement service providers. We may also disclose your Personal Information:
• to agents, brokers or representatives to provide you with services you have requested;
• to third-party confractors or service providers who provide services or perform marketing or other functions on our
behalf; and
• to others with whom we enter into joint marketing agreements for products or services that we believe you may find
of interest.
In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to
do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise
permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any
agreement, ttansaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such
documents may contain your Personal Information.
Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion
Certain states afford you the right to access your Personal Infonnation and, under certain circumstances, to find out to whom
your Personal Infonnation has been disclosed. Also, certain states afford you the right to request correction, amendment or
deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the
costs incurred in responding to such requests.
All requests must be made in writing to the following address:
Privacy Compliance Officer
Fidelity National Financial, Inc.
601 Riverside Drive
Jacksonville, FL 32204
Multiple Products or Services:
If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We
apologize for any inconvenience this may cause you.
Privacy Statement (10-21-03)
ATTACHMENT ONE
AMERICAN LAND TIFLE 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. Govemmental police power, and the existence or violation of any law
or govemment regulation. This includes building and zoning
ordinances and also laws and regulations conceming:
• 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.
In addition to the Exclusions you are not insured against loss, costs, attomeys' fees, and the expenses resulting from:
1. Any right, interests, or claims of parties in possession of the land not
shown by the public records.
2. Any easements or liens not shown by the public records. This does not
limit the lien coverage in Item 8 of Covered Title Risks.
3. Any facts about the land which a correct survey would disclose and
which are not shown by the public records. This does not limit the
forced removal coverage in Item 12 of Covered Title Risks.
4. Any water rights or claims or title to water in or under the land,
whether or not shown by the public records.
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, attomeys' fees
or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not
limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating (i) the occupancy,
use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the
land; (iii) a separation in ownership or a change in the dimensions
or area of the land or any parcel of which the land is or was a
part; or (iv) environmental protection, or the effect of any
violation of these laws, ordinances or govemmental 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 govemmental 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 Pohcy,
but created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the pubhc 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.
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.
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 tmth in lending law.
Any claim, which arises out of the transaction vesting in the insttfed
the estate of interest insured by this pohcy or the transaction creating
the interest of the insured lender, by reason of the operation of federal
bankmptcy, state insolvency or similar creditors' rights laws.
SCHEDULE B, PART I
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' 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 shovm 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.
Easements, liens or encumbrances, or claims thereof which are not
shown by the public records.
Discrepancies, conflicts in boimdary lines, shortage in area,
encroachments, or any other facts which a correct survey would
disclose, and which are not shovm by the public records.
(a) Unpatented mining claiins; (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.
Attachment One (11-17-06)
Page 10
ATTACHMENT ONE
(CONTINUED)
AMERICAN LAND TITLE ASSOCL4TION 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;
1. (a) Any law, ordinance or govemmental 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 ovmership 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 govemmental regulations,
except to tbe 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 govemmental 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, assiuned 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 instued
mortgage over any statutory lien for services, labor or material or
to the extent insurance is afforded herein as to assessments for
street improvements imder constmction 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.
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
apphcable doing business laws of the state in which the land is
situated.
Invalidity or imenforceability 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 tmth in lending law.
Any statutory lien for services, labor or materials (or the claim of
priority of any statutory lien for services, labor or materials over the
lien of the insured mortgage) arising from an improvement or work
related to the land which is contracted for and commenced subsequent
to Date of Policy and is not financed in whole or in part by proceeds
of the indebtedness secured by the insured mortgage which at Date of
PoUcy the insured has advanced or is obligated to advance.
Any claim, which arises out of the fransaction creating the interest of
the mortgagee insured by this policy, by reason of the operation of
federal bankmptcy, 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 Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs,
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 shovm by the
public records but which could be ascertained by an inspection ofthe
land or which may be asserted by persons in possession thereof
attorneys' fees or expenses) which arise by reason of:
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 titie 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 govemmental regulation
(including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment ofthe 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
govemmental regulations. This Exclusion 1(a) does not modify
or limit the coverage provided under Covered Risk 5.
Attachment One (11-17-06)
(b) Any govemmental pohce power. This Exclusion 1(b) does not
modify or limit the coverage provided under Covered Risk 6.
Rights of eminent domain. This Exclusion does not modify or limit
the coverage provided tmder Covered Risk 7 or 8.
Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Knovra 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 imder
this pohcy;
(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
Riskll, 13, orl4);or
Page 11
ATTACHMENT ONE
(CONTINUED)
(e) resulting in loss or damage that would not have been sustained if
the Insured Claimant had paid value for the Insured Mortgage.
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.
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 tmth-in-lending law.
Any claim, by reason of the operation of federal bankmptcy, 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) ofthis policy.
Any lien on the Title for real estate taxes or assessments imposed by
govemmental 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:
(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 resuh in taxes or
assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the Public Records.
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.
Easements, liens or encumbrances, or claims thereof, not shown by
the Public Records.
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.
(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 ofthis
policy and the Company will not pay loss or damage, costs, attomeys' fees
or expenses which arise by reason of:
1. (a) Any law, ordinance or govemmental 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 ovmership 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 govemmental 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 govemmental 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.
Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not knovm to the Company, not recorded in the public records at
Date of Policy, but knovm to the msured 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 Pohcy; 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.
Any claim, which arises out of the fransaction 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 pohcy
being deemed a fi^udulent conveyance or fraudulent fransfer; or
(ii) the fransaction 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 instmment 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 Pohcy 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, attomeys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shovm 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
Easements, liens or encumbrances, or claims thereof, which are not
shovm by the public records.
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 pubhc records.
(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.
Attachment One (11-17-06)
Page 12
ATTACHMENT ONE
(CONTINUED)
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 govemmental regulation
(including those relating to building and zoning) resfricting,
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement
erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or
governmental regulations. This Exclusion 1(a) does not modify or
limit the coverage provided under Covered Risk 5.
(b) Any govemmental police power. This Exclusion 1(b) does not
modify or hmit 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 Knovra 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.
Any claim, by reason of the operation of federal bankmptcy, state
insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shovm 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.
Any hen on the Title for real estate taxes or assessments imposed by
govemmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instmment of
fransfer in the Public Records that vests TiUe 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
Easements, liens or encumbrances, or claims thereof, not shown by
the Public Records.
This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) that arise by reason of:
I. (a) Taxes or assessments that are not shovm as existing liens by the
records of any taxing authority that levies taxes or assessments on real
property or by the Pubhc Records; (b) proceedings by a public agency
that may result in taxes or assessments, or notices of such
proceedings, whether or not shovm by the records of such agency or
by the Public Records.
Any facts, rights, interests, or claims that are not shown in the Public
Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession ofthe Land.
Any encroachment, encumbrance, violation, variation, or adverse
circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and that are not shovm
by the Public Records.
(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 shovm by the Public Records.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attomeys' fees, and expenses resultmg from:
a. a notice of exercising the right appears in the Public Records at 1. Govemmental police power, and the existence or violation of any law
or govemment regulation. This includes ordinances, laws and
regulations conceming:
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 hmit the coverage described in Covered Risk 14,
15,16,17 or 24.
2. The failure of Your existing stmctures, or any part of them, to be
constmcted 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:
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 Knovm to You at the Policy Date, but not to Us, unless
they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the
coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to
in paragraph 3 of Schedule A; and
b. in sfreets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or
18.
Attachment One (11-17-06)
Page 13
ATTACHMENT ONE
(CONTINUED)
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Ovmer'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 Umits shown on Schedule A are as follows:
Covered Risk 14:
Your Deductible Amount
1.00% of Policy Amount or $ 2.500.00
(whichever is less)
Our Maximum Dollar
Limit of Liabiiitv
$ 10.000.00
Covered Risk 15: 1.00% of Policy Amount or $ 5.000.00
(whichever is less)
$ 25.000.00
Covered Risk 16: 1.00% of Policv Amount or $ 5,000.00
(whichever is less)
$ 25.000.00
Covered Risk 18; 1.00% of Policy Amount or $ 2.500.00
(whichever is less)
$ 5.000.00
ALTA EXPANDED COVERAGE RESIDENTL^^L LOAN POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
poUcy and the Company will not pay loss or damage, costs, attomeys fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or govemmental 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 ofthe 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 govemmental
regulations, except to the extent that s notice of the enforcement
thereof or a notice of a defect, lien or encumbrance resuhing 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 occiured 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 PoUcy, 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 PoUcy (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.
Unenforceability of the hen 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
appUcable doing business laws of the state in which the Land is
situated.
Invalidity or unenforceability of the lien of the Insured Mortgage, or
claim thereof, which arises out of the ttansaction evidenced by the
Insured Mortgage and is based upon usury, except as provided in
Covered Risk 27, or any consumer credit protection or tmtli in lending
law.
Real property taxes or assessments of any govemmental authority
which become a lien on the Land subsequent to Date of PoUcy. This
exclusion does not limit the coverage provided under Covered Risks
7, 8(e) and 26.
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.
Lack of priority of the lien of the Insured Mortgage as to each and
every advance made after Date of Policy, and aU interest charged
thereon, over liens, encumbrances and other matters affecting the titie,
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.
The failure of the residential stmcture, or any portion thereof to have
been constmcted before, on or after Date of Policy in accordance with
appUcable 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.
Attachment One (11-17-06)
Page 14
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Legend
:
PARCEL 1
PARCEL 2
PARCEL 3
Slope
as Shown on Parcel Map 6136
Road and Utilities
1963-170422
This plat is (or your aid in locating your land Mth reference to streets and other parcels. While this plat is
beleved to be correct, the Company assumes no liability for any loss occurnng by reason of reliance thereon.