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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.) tynf .i.tt ur /t)f •"' ///, ttici) tiftt-H ..rtrrrn</i'f (///tt. Y" i f/t^'t.n/r/•t.^n'r/i/ i>n</t.fMf/lUtt/t/t (ter,:-r</a/x-r ff't // //tr /,• rm.. am/it ttt/t//t tt., t-^ //t- ^ /r/if/f:, <y ( ' t</tt ttt\rf/f>/t tt/tt/ //t< ('/if y<i/t n<f /tf fft mett/ t.'^' //tf- y't.m/t(r/tt/, tt.i f/mt Nf/cJ /f //*- t/ti/r <J /rn/'.i^*'^. t-t.^tt,:. sj',/.-/((/i tmt >f /<• f«.j/}r< •/••»/ tt tn/ rt-^itft/ i/t/rtftt/ ttf f/fiff//i(i.,i nfj't /ifttf., rt///t ^1 rt /If f^/if/I'^pt'f t y //ll t' t^/iftir tt If. AffiJ % tym^ttf n If /,/.i ritt/M''/ //t.i f; t )f/t/f<'it/r/t /<<• .itrf ffft//if i/.i f/ft/)f Iff/ft/f tt/i % - 1 ////••, ^ iji.trt/. 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.^' /irf,4 tl vr/if ///tfiH'if tt/n'/t ./tr/'f ift/t-r <J //t.i 'frif/tytftt/i /i rt/tf/r/tf iii</,iit/t/fn/tn tiret-rt/t ,i<-r ti'i// //e />///>., It fit/ >f<,i,/i/t, ,ti f</ //, r"' /,•//,/,'., (' rtfttntiti/tf/t tm,/ ///' (^ifm/tHtf ^'^•/t^rfrmt'H/ /y* //t %: f/,i/tt/H if, tt.i ttMi'/it/'t//,. //,• (/r/r f'J /rftii..,^!-/-, n.^if -.i ,y f/i/t,-/ nittif />f f/i^trr/f t/frft,/ t;/ni',/ t/unnff /iiUftfl//l/ .tHf:,j /(K>:. tf///* ^1 /'tttl t^tfl/ <•//"'<• f^ //tr ^' r t/l^fflflif. Jll liitUCiUi UltWCilf, //, W f,f/rt/Hjf /„. i-tfttMi/ //,/, ^ f^/ff/-tf/r /t. /f ,tt,Ht.//tf th </f//,f >tii//t /-t-.ti/ "' //tlMiltft ,(,) (.)' ('0tn ff.J itn>/1/, > '/,i//, /), /, t,/ni/<- (f^^t.it,/. 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 .1 f ' ! • , , , —_.,—_ ^' //f m/t r Jtt/i ^ '/M/fft-i/f^) tf //tr „fiti:r />.fi,.rt/^ t./,./tt,fl,f. /„tf,.ffrtd/- .,//,f rft //r /rt/, ,f //r '%r/,t/itt/t tf /,. //r /t://^, /,wr/ f/./.rr^r/ti-. /uf ' • //..fity ti/,..,f ..,f,,r/t,/r, tJ//ti /f^ r ,/tftra/f-/„r/tt r/,f r/,,/r .Uu ,tr/1» ttrrt. .t/a Jrr trt/A//tr /rrtft. ., ,/t/rr „t/t/trf.. r/ //r rf,/U, ,( ^ ,,„f,,'ff,. r~'./,,t,>^r^/ rf //tr -rfrMt/ttf/ttf. ,/..i <f.//.^M/r//rf/t,/rfJ/„t/t..ft r. tr/.tr.. rftt,/,d matf /r t//:ftre/rt/,/ftJi^t.^t/ t/f,„Lf '/r ftft/trtyH,/rfffrr ,f//r t', //tfni/itf. *' nihrmif. Or Y,/„., w fit. t.w,/,...f. t, i. .,,„.M.,,f.,M, •wr/ 'f''"<tift'r(.i/rr ifftr-tf-f J tffif/,/, f%,,/ff. .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 3- 3 n o 3 TJ ere is?. ^2 h a s? ii I II •MS i • i TTTTTTTTT 1 1 1 I 1 1 1. 1 1 lllllllll lllllllll 1 a a • • • 4 SMuninvoPiiiMai 0/.. KETCH WAY ! SM oKCG onmr KSEaoTs UP 1 214-53 1 SHT 2 OF 2 I . V iUi —9 » —r-—»— •<§) —tL_ ffs*— s ® « CAMINO DE U^S ONDAS r CAMINO pE WS»ON0AS • SEASCAPE DR MAP 13282-CITY OF CARLSBAD TCT 92-01 OCT 011996 J O o g ! ' -•^c .fCwA^a/p ^^^^ _ C^C/^ /^3^ J \ / 930025903-U12 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.