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HomeMy WebLinkAboutCT 14-03; BEACHWALK AT MADISON; Tentative Map (CT) (2)LAND USE REVIEW Development Services Planning Division\V CITY 0 F APPLICATION 1635 Faraday AvenueCARLSBADP-1 (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR:(CHECK BOXES) Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY) riCoastal Development Permit (*)riMinor []General Plan Amendment n Conditional Use Permit (.)[]Local Coastal Program Amendment (*) nMinor []Extension nDay Care (Large)[]Master Plan riAmendment nEnvironmental Impact Assessment []Specific Plan riAmendment[]Habitat Management Permit TIMinor []Zone Change (*) Hillside Development Permit (*)Minor Fi Zone Code Amendment riNonconforming Construction Permit South Carlsbad Coastal Review Area Permits[]Planned Development Permit riMinor Review Permit[]Residential ri Non-Residential dministrative [Minor []MajornPlanningCommission Determination 7 Site Development Plan riMinor Village Review Area Permits n Special Use Permit Review Permit RP-Administrative Minor []Major Tentative Parcel Map (Minor Subdivision) nTentative Tract Map (Major Subdivision)CT - riVariance El Minor (*) =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).:203-110-01 PROJECT NAME:Beachwalk at Madison BRIEF DESCRIPTION OF PROJECT:Six condo units on a 12,500 sq. ft. lot within 2 three story triplex buildings. Units range in size b/w 1601 and 1614 sq. ft. BRIEF LEGAL DESCRIPTION:See Attached LOCATION OF PROJECT:Madison Street b/w 2710 and 2646 STREET ADDRESS ON THE:East SIDE OF Madison St (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) BETWEEN Grand AND Arbuckle (NAME OF STREET)(NAME OF STREET) IDU Ilk°5 P-1 Paae 1 of 6 Revised 12/13 OWNER NAME (Print):Project Deaf India Foundation APPLICANT NAME (Print):Vesta Pacific Development MAILING ADDRESS:3 se-.MAILING ADDRESS:1818 1st Ave. Suite 100 CITY, STATE, ZIP:AA.•kri Cfr CITY, STATE, ZIP:5?Ole_Cp I CA q. -t TELEPHONE:-37/1/qZ-,671-TELEPHONE:619-481-3830 ext 306 EMAIL ADDRESS:(2 ne.42.<szt a .EMAIL ADDRESS:6mecost< z3 tiszth .CO/4 I CERTIFY THAT I AM THE LEGAL OWNER AM) THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AM)CORRECT TO THE BEST OF MY AM) THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO 1s Ail BEST OF MY KNOWLEDGE SIGNATURE DAT TURF DATE APPLICANTS REPRESENTATIVE (Print):Geoff McComic MAILING ADDRESS:1818 1st Ave. Suite 100 CITY, STATE, ZIP:San Diego ,ea.cie2/01 TELEPHONE:619-481-3830 ext 306 EMAIL ADDRESS:gmccomic@vestapacificdevelopment.com I CERTIFY I n11 E LEGAL REPRESENTATIVE OF THE APPUCANT d INFORMATION IS TRUE AM) CORREC y •DGE. .60°91 SIGNATURE 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.UWE 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 SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECFIVED AUG 0 1 2014 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: OW.4 ie)-et P-1 Page2 of 6 Revised 12/13 %be City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 MUMINUMNIMMIll Applicant:VESTA PACIFIC DEVELOPMENT Set Id:5000003948 /Tmp set/Initialized Projects Description Amount CT140003 8,588.47 RP140016 2,971.00 Total:11,559.47 Receipt Number:R0103034 Transaction ID:7000129661 Transaction Date:08/01/2014 Pay Type Method Description Amount Payment Check 11,559.47 Transaction Amount:11,559.47 (:) 0. • City of Carlsbad Faraday Center Faraday Cashiering 001 1421301 -2 08/01/2014 149 Fri,Aug 01,2014 10:53 AM Receipt Ref Nbr:R1421301 -2/0024 PERMITS -PERMITS Tran Ref Nbr:142130102 0024 0025 Trans/Rcpt#:T000129661 SET #:S000003948 Amount:1 4 $11,559.47 Iter Subtotal:$11,559.47 Item Total:$11,559.47 1 ITEM(S)TOTAL:$11,559.47 Check (Chk#0000001067)$11,559.47 Total Received:$11,559.47 Have a nice day! :******„****CUSTOMER COPY************* ,411 OM PROJECT Development Services DESCRIPTION Planning Division \75/CITY OF P-1(B)1635 Faraday Avenue CARLSBAD (760) 602-4610 www.carlsbadca.gov PROJECT NAME:4416d(2e.WW MlidiSOA• APPLICANT NAME:Vesio Plick i)-eve ti.v4 .rove Please describe fully the proposed project by application type.Include any details necessary to adequately explain the scope and/or operation of the proposed project.You may also include any background information and supporting statements regarding the reasons for,or appropriateness of, the application.Use an addendum sheet if necessary. Description/Explanation: P-1(B)Page 1 of 1 Revised 07/10 -••.•••.1111 mom et** • Project Description: To subdivide an 12,500 square foot parcel located on the east side of the 300 block of Madison Street into a 6 unit townhome condominium development; To develop the building site and site improvements per the site plan with precise grading and landscaping as proposed; To construct two new three story multi family structures each with 3 units with two car garages. The two buildings will have a combined square footage (not including the garages)of 9,665 square feet. All six units will have 3 bedrooms and 3 baths and a two car garage. All units will have private decks of at least 75 square feet. There will be four units that have 1,614 square feet of livable area and two units that have 1,601 square feet of livable area. Two Units have a private yard areas and two units have an enclosed private patio on the ground level. To construct new curb, gutter and paving along the project frontage at Madison. The project requires the approval of a Tentative Map and Village Major Review permit. • • 0 HAZARDOUS WASTE Development Service's X*4 AND SUBSTANCES Planning Division '11,r;CITY OF STATEMENT 1635 Faraday Avenue CARLSBAD P-1(C)(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 of the State Government Code. El The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER • Name:Vei'/-r).e 14 I(im Name:Proj ec 44-". 61741 Address:f 4%Q fa()Address:3 3)U N S -f - a)'.t2jOCQ 9 f L 14)4A.CA q14. Phone Number:6/(1 -/S/-,ST 3U Phone Number:(4 4 ef )2 3 S -31 I I Address of Site:/140/41 S•//46(4 r (10/'5'h Local Agency (City and County):6orhZv0i j Ca 4112 OG Assessor's book, page, and parcel number:7.03 /10 —0 / Specify list(s):A//4 Regulatory Identification Number:1 /4 Date of Li ./(//4 pplicant Signature/Date Property Owner Signature/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:g I II (To be completed by City) Application Number(s):(9—1/4 -03 R P 14 10 General Information 1.Name of project:(Ail<al Aolisto 2.Name of developer or project sponsor:VeS4g-P erg('lJVt ZA/C- Address:/Ei3 1Avt 5-eqo City, State, Zip Code:53in Atop leo.71/01 Phone Number:g5g 5a5r 3.Name of person to be contacted concerning this project:ge Co r4 lc Address:glr I At/-e City, State, Zip Code:SAII bill 0 i g2/(ii Phone Number:2350 /14 39 4.Address of Project:/11A s 6/1.v 2710 ZeiL6 Assessor's Parcel Number:7.0.3 no -0/ 5.List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6.Existing General Plan Land Use Designation: 7.Existing zoning district:VR -8 8.Existing land use(s):/An(.vr 9.Proposed use of site (Project for which this form is filed):(D Teta(%)11j41 alpato 1713 /Ai 4VO.4141/ehakg Project Description 10.Site size:/2,SOdolp 11.Proposed Building square footage:qi 65? 12:Number of floors of construction:3 13.Amount of off-street parking provided: 14.Associated projects:Aq1/44 P-1(D)Page 2 of 4 Revised 07/10 15.If residential, include the number of units and schedule of unit sizes: plANS1I M "l 1.6 0...)11 101 Cc,.el .- 16.If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: N/A 17.If industrial, indicate type, estimated employment per shift, and loading facilities: NIA 18.If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: /4/14 19.If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: /\)A P-1(D)Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects?Discuss all items checked yes (attach additional sheets as necessary). Yes No 20.Change in existing features of any bays, tidelands, beaches, or hills, or substantial 1:1 alteration of ground contours. 21.Change in scenic views or vistas from existing residential areas or public lands or 111 roads. 22.Change in pattern, scale or character of general area of project.CI 23.Significant amounts of solid waste or litter. 24.Change in dust, ash, smoke, fumes or odors in vicinity.1:1 )!SC 25.Change in ocean,bay,lake,stream or ground water quality or quantity,or 111 alteration of existing drainage patterns. 26.Substantial change in existing noise or vibration levels in the vicinity.CI 27.Site on filled land or on slope of 10 percent or more.CI 28.Use of disposal of potentially hazardous materials,such as toxic substances,0 flammables or explosives. 29.Substantial change in demand for municipal services (police, fire, water, sewage,1:1 etc.). 30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).DI 31.Relationship to a larger project or series of projects.CI Environmental Setting Attach sheets that include a response to the following questions: 32.Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects.Describe any existing structures on the site, and the use of the structures.Attach photographs of the site.Snapshots or Polaroid photos will be accepted. 33.Describe the surrounding properties,including information 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 stores, etc.), and scale of development (height,frontage,set-back,rear yard,etc.).Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. 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 the best of my ability,t acts, statements, and information presented are true and correct to the best of my knowled Date:7/30 Signature: For:-Attie lop"-rioi P-1(D)Page 4 of 4 Revised 07/10 ENVIRONMENTAL SETTING 32. The site is a 12,500 (125x100) square foot vacant lot with not significant vegetation other than weeds. The site slope gently from east to west toward Madison. There are no structures on the site.There are not trees on the site. 33. The property to the north is a single family house used for commercial office purposes. The property to the south is a single family house used for residential purposes. There is a two story 1970's apartment building to the west across Madison Street. There is a two story apartment building immediately adjacent to the east.This block of Madison consists of single family detached residences, apartments, condos and houses used for commercial office. LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OFCALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 47 OF SEASIDE LANDS,IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.1722,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF THE NORTHWESTERLY HALF ACRE (COMPUTED TO THE CENTER OF THE ADJOINING STREET) OF SAID LOT 47;THENCE SOUTH 34°33' EAST ALONG THE SOUTHWEST LINE OF SAID LOT 47 A DISTANCE OF 84 FEET MORE OR LESS TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED TO JOSEPH D.GLASS,ET UX,RECORDED OCTOBER 9,1946 IN BOOK 2280,PAGE 41 OF OFFICIAL RECORDS;THENCE NORTH 55°27'EAST ALONG THE SOUTHEASTERLY LINE OF SAID GLASS LAND,A DISTANCE OF 145.00 FEET;THENCE NORTH 34°33'WEST PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT 47, A DISTANCE OF 84 FEET MORE OR LESS TO A POINT ON THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY HALF ACRE OF SAID LOT 47; THENCE SOUTH 55°27' WEST ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF 145 FEET TO THE POINT OF BEGINNING. 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 Carlsbad 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 Carlsbad or its officers or employees.I have submitted a Certificate of Insurance to the City of Carlsbad 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 Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy.The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad 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 of the issuance of this administrative permit for the subject of this permit on the public sidewalk.I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject a ved permit. Signature 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 applicant's 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 permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature Date: P-1 Page 3 of 6 Revised 12/13 0 DISCLOSURE Development Services c.ete'STATEMENT Planning Division \".,/CITY OF P-1(A)1635 Faraday Avenue CARI_SBAD (760) 6024610 www.carisbadca.gov Applicants statement or disclosure of certain ownership interests on aft 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 defined as 'Any individual, firm, co-partnership, joint venture, association, social dub, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district 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 publicly-owned corporation,include the names,titles,and addresses of the corporate officers.(A separate may be attached if necessary.) Person /4'6"/Corp/Part 144 A4 era bet/e6P111 e‘'Y Title Acgde.47/Title Address Address /8.fir P*?5.1 Aff-phA 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 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 publicly-owned corporation,include the names,titles,and addresses of the corporate officers.(A separate page may be attached if necessary.) Person A NLA NI 3 141:SA-Corp/Part ?r•rbea-f Tt.d Title V %c r e s.Title n 0 -fl k COrl.• Address - Du 1•1 g Address SA.v-wc.- LaitAxNe.lq/d< (elk P-1(A)Page 1 of 2 Revised 07/10 3.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. {fa ettAf--fLNonFC.:nosta2),A41_11/L4 ...—Non Profit/Trust Title ON/ r c_FourAd 4-+cry.Title Address 3 .1\j, n ..Address Iva el.gaol - 4.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? Yes I V'Klo If yes, please indicate person(s): NOTE:Attach additional sheets if necessary. I certify that all the above information is true and correct to the Icn ge. NR •7 -/.9r Signatureaowner/date Signature of applicant/date kJ.e.. Rile -g •f &'Del A4704171 Print or type name of owner Print or type name of applicant / itzr74 faeita tfflirr" Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicants agent P-1(A)Page 2 of 2 Revised 07/10 C Applicant-Vesta Pacific Development VP Partners,LLC 1818 1st Ave. Suite 100 San Diego,Ca.92101 Members of VP Partners,LLC Robert Geoffrey McComic 3911 Liggett Drive San Diego, Ca. 92106 James Michael Carenza 3460 Marron Rd —103, Suite 347 Oceanside, CA 92056 Thomas Christopher McComic 10740 Oakbend Dr. San Diego, Ca, 92131 Project Deaf India Foundation Officers: Rajendra Desai MD, Chairman/President 3 Dunn St. Laguna Niguel, Ca 92677 Arland Desai, Vice President 3 Dunn St Laguna Niguel Ca 92677 Sue Wecht, Secretary 37Dalewood Orinda, Ca emgliail 95t 563 Sharon.Fujikawa-Brooks, Treasurer 10 Goldstone Irvine, Ca 92614 ——INN 11111111•0 wok 1/4„ TIME LIMITS ON DISCRETIONARY Development Services Planning Division \"/F1 CITY OF PROJECTS 1635 Faraday Avenue CARLSBAD P-1(E)(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 letter. If you have any questions regardin ication submittal requirements (i.e.,clarification regarding a specific requirement or all requirements are necessary for your particular application) please call (760) 602 Applicant Signature: Staff Signature:014k6 r eX/1.0 Date: To be stapled with receipt to the application P-1(E)Page 1 of 1 Revised 07/10 s•-• •Sid 2878 Camino Del Rio South, Suite 500 Tic0R TITLE TM San Diego, CA 92108 Phone:(619) 260-0015 Fax:(619) 692-9465 Issuing Policies of Chicago Title Insurance Company ORDER NO.:00215948-016-CC1 Escrow/Customer Phone:(760) 602-9442 Ticor Title Company ofCalifornia Title Officer:Candy Church 5740 Fleet Street, Suite 130 Title Officer Phone:(619) 260-5281 Carlsbad,CA 92008 Title Officer Fax:(619) 692-9465 ATTN:Linda Villa Title Officer Email:churchteam@ticortitle.com Email:linda.villa@ticortitle.com • PROPERTY:Vacant Land/APN 203-110-01, Carlsbad, CA 92008 • AMENDED PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein,Ticor Title Company ofCalifornia 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 ofsaid policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks ofsaid policy or policies are set forth in Attachment One.The policy to be issued may contain an arbitration clause.When the Amount ofInsurance is less than that set forth in the arbitration clause,all arbitrable matters shall be arbitrated at the option ofeither 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 Liabilityfor certain coverages are also setforth in Attachment One.Copies ofthe 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 oftitle insurance and no liability is assumed hereby.Ifit is desired that liability be assumedprior to the issuance ofa policy oftitle insurance, a Binder or Commitment should be requested The policy(s)of title insurance to be issued hereunder will be policy(s)of Chicago Title Insurance Company,a Nebraska Corporation.• Please read the exceptions shown or referred to herein and the exceptions and exclusions setforth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice ofmatters which are not covered under the terms ofthe 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. Ticor Title Company of California egitif By - Authorized Signature CLTA Preliminary Report Form —Modified (11/17/06)Page 1 • 2878 Camino Del Rio South, Suite 500 TICOR TITLE'San Diego, CA 92108 Phone:(619) 260-0015 Fax:(619) 692-9465 AMENDED PRELIMINARY REPORT EFFECTIVE DATE:July 22, 2014 at 7:30 a.m., Amended: July 30, 2014, Amendment No.1 The form of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Policy -1990 1.THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2.TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Project Deaf India Foundation, subject to Item No.10 3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. • CLTA Preliminary Report Form —Modified (11/17/06)Page 2 %b. PRELIMINARY REPORT Ticor Title Company of California YOUR REFERENCE:ORDER NO.:00215948-016-CC1 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 47 OF SEASIDE LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28,1921, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF THE NORTHWESTERLY HALF ACRE (COMPUTED TO THE CENTER OF THE ADJOINING STREET)OF SAID LOT 47;THENCE SOUTH 34°33'EAST ALONG THE SOUTHWEST LINE OF SAID LOT 47 A DISTANCE OF 84 FEET MORE OR LESS TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED TO JOSEPH D.GLASS,ET UX,RECORDED OCTOBER 9, 1946 IN BOOK 2280, PAGE 41 OF OFFICIAL RECORDS; THENCE NORTH 55°27' EAST ALONG THE SOUTHEASTERLY LINE OF SAID GLASS LAND, A DISTANCE OF 145.00 FEET; THENCE NORTH 34°33' WEST PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT 47, A DISTANCE OF 84 FEET MORE OR LESS TO A POINT ON THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY HALF ACRE OF SAID LOT 47; THENCE SOUTH 55°2T WEST ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF 145 FEET TO THE POINT OF BEGINNING. APN:203-110-01 • CLTA Preliminary Report Form —Modified (11/17/06)Page 3 •sr PRELIMINARY REPORT Ticor Title Company of California YOUR REFERENCE:ORDER NO.:00215948-016-CCI 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.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2014-2015. 2.Any liens or other assessments,bonds,or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. 3.The lien of supplemental taxes,if any,assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75)ofthe Revenue and Taxation Code of the State of California. 4.Water rights, claims or title to water, whether or not disclosed by the public records. 5.Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Purpose:pipe lines Recording Date:February 9, 1925 Recording No:in Book 1050, Page 282 ofDeeds The exact location and extent ofsaid easement is not disclosed ofrecord. Reference is hereby made to said document for full particulars. •6.Easement(s)for the purpose(s) shown below and rights incidental thereto,as granted in a document: Granted to:San Diego Gas and Electric Company Purpose:public utilities, ingress and egress Recording Date:December 26, 1947 Recording No:in Book 2593, Page 339 of Official Records Affects:A portion ofsaid land as more fully described in said document. Reference is hereby made to said document for full particulars. 7.Easement(s) for the purpose(s) shown below and rights incidental thereto,as granted in a document: Granted to:County of San Diego Purpose:public highway Recording Date:March 4, 1949 Recording No:in Book 3130, Page 292 of Official Records Affects:As shown in said document Reference is hereby made to said document for full particulars. Said instrument additionally contains the privilege and right to extend structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof. 8.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map:19344 Recording Date:June 16, 2006 Recording No:2006-0427933 of Official Records 9.Please be advised that our search did not disclose any open Deeds ofTrust ofrecord.If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. CLTA Preliminary Report Form —Modified (11/17/06)Page 4 -101111011.111011111•111111111MEMI •• PRELIMINARY REPORT Ticor Title Company of California YOUR REFERENCE:ORDER NO.:00215948-016-Ct 1 EXCEPTIONS (Continued) 10.The effect of a Deed as set forth below: Grantor:Rajendra G. Desai Grantee:Project Deaf India Foundation Dated:December 23, 2008 Recording Date:December 26, 2008 Recording No.:2008-0655543 of Official Records The Company requires that an affidavit (attached)be completed and executed by the above grantor and that said affidavit be acknowledged before a notary who is an employee of the title or escrow Company and then submitted to the Title Officer for review. • The Company further requires a statement of information from the above grantors in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said Land, but which if any do exist, may affect the title or impose liens or encumbrances thereon. • END OF ITEMS • CLTA Preliminary Report Form —Modified (11/17/06)Page 5 —- PRELIMINARY REPORT REPORT 'oft.)Ticor Title Company of California YOUR REFERENCE:ORDER NO.:00215948-016-CC I REQUIREMENTS SECTION 1.The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation:Project Deaf India Foundation a)A Copy ofthe corporation By-laws and Articles of Incorporation b)An original or certified copy ofa resolution authorizing the transaction contemplated herein c)If the Articles and/or By-laws require approval by a 'parent' organization,a copy of the Articles and By- laws of the parent The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 2.The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation:Vesta Pacific Development a)A Copy ofthe corporation By-laws and Articles of Incorporation b)An original or certified copy of a resolution authorizing the transaction contemplated herein c)If the Articles and/or By-laws require approval by a 'parent' organization,a copy of the Articles and By- laws of the parent The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 3.The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company:MR Carlsbad 11,LLC a)A copy of its operating agreement,if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b)If a domestic Limited Liability Company,a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c)If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d)If the Limited Liability Company was formed in a foreign jurisdiction,evidence,satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state oforigin e)If less than all members,or managers,as appropriate,will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation.• werarowsw PRELIMINARY REPORT %we Nod Ticor Title Company ofCalifornia YOUR REFERENCE:ORDER NO.:00215948-016-CC1 REQUIREMENTS (Continued) END OF REQUIREMENTS • • • CLTA Preliminary Report Form —Modified (11/17/06)Page 7 PRELIMINARY REPORT Nk‘d Ticor Title Company of California YOUR REFERENCE:ORDER NO.:00215948-016-CC1 INFORMATIONAL NOTES SECTION 1.Note:The current owner does NOT qualify for the $20.00 discount pursuant to the coordinated stipulated judgments entered in actions filed by both the Attorney General and private class action plaintiffs, for the herein described Land. 2.Note:Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.:203-110-01-00 Fiscal Year:2013-2014 1st Installment:$4,559.01 2nd Installment:$4,559.01 •Exemption:Not Set Out Code Area:09098 3.Note:There are NO conveyances affecting said Land recorded within 24 months ofthe date ofthis report. 4.Note:None ofthe items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 5.Note:The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Vacant land, located within the city ofthe unincorporated area of Carlsbad, California, 92008, to an Extended Coverage Loan Policy. 6.Note:In compliance with the new RESPA regulations,Ticor Title Company of California will be averaging recording fees for Single Family Residential properties.Please contact your Title Officer to obtain the current recording fees. In addition, Ticor Title Company of California will pay our underwriter 12%ofthe title premium,as disclosed on lines 1107 and 1108 of the HUD-l. 7.Note:The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. 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. 8.Note:If a county recorder,title insurance company,escrow company,real estate broker,real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. END OF INFORMATIONAL NOTES Candy Church/all ATTACHMENT ONE (Revised 06.703-11) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY —1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs, attorneys' fees or expenses which arise by reason of: 1.(a)Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy,use, or enjoyment of the land; (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 ofthe land or any parcel ofwhich the land is or was a part; or (iv) environmental protection, or the effect of any violation ofthese laws, ordinances or governmental regulations, except to the extent that a notice ofthe 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 ofPolicy. (b)Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPolicy. 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 ofa purchaser for value without knowledge. 3.Defects, liens, encumbrances, adverse claims or other matters: (a)whether or not recorded in the public records at Date of Policy, but created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date ofPolicy; or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4.Unenforceability of the lien ofthe insured mortgage because of the inability or failure of the insured at Date ofPolicy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5.Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out ofthe transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6.Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest ofthe insured lender, by reason ofthe operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices ofsuch proceedings, whether or not shown by the records of such agency or by the public records. 2.Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3.Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c)are shown by the public records. 6.Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS • In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power, and the existence or violation ofthose portions ofany law or government regulation concerning: a.building; b.zoning; c.land use; Attachment One (06/03/11) d.improvements on the Land; e.land division; and f.environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a.,14,15,16,18,19, 20, 23 or 27. 2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3.The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4.Risks: a.that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b.that are Known to You at the Policy Date, but not to Us, unless they are recorded 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.e., 25, 26, 27 or 28. 5.Failure to pay value for Your Title. 6.Lack ofa right: a.to any land outside the area specifically described and referred to in paragraph 3 ofSchedule A; and b.in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws.• LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: •For Covered Risk 16,18,19,and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Limit of Your Deductible Amount Liability Covered Risk 1.00%of Policy Amount Shown in Schedule A $10,000.00 16:or $2,500.00 (whichever is less) Covered Risk 1.00%ofPolicy Amount Shown in Schedule A $25,000.00 18:or $5,000.00 (whichever is less) Covered Risk 1.00%of Policy Amount Shown in Schedule A $25,000.00 19:or $5,000.00 • (whichever is less) Covered Risk 1.00%of Policy Amount Shown in Schedule A $5000.00 21:or $2,500.00 (whichever is less) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: *land use * improvements on the land * land division *environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 ofCovered 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 ifyou bought the land without knowing ofthe 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 Attachment One (06/03/11) k. *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 ofCovered Title Risks 4.Failure to pay value for your title. 5.Lack ofa 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 ofCovered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment 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 ofthese laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,13 or 14); or (e)resulting in loss or damage that would not have been sustained ifthe Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien ofthe Insured Mortgage because ofthe inability or failure of an Insured to comply with applicable doing business laws ofthe state where the Land is situated. 5.Invalidity or unenforceability in whole or in part ofthe lien ofthe Insured Mortgage that arises out ofthe transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien ofthe Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or • • (b)a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession ofthe Land. 3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey ofthe Land and not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records. • Attachment One (06/03/11) W1111111111111111 • 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (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 governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e)resulting in loss or damage that would not have been sustained ifthe Insured Claimant had paid value for the Title. 4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a)a fraudulent conveyance or fraudulent transfer; or (b)a preferential transfer for any reason not stated in Covered Risk 9 ofthis policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date ofrecording of the deed or other instrument oftransfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE • This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records ofsuch agency or by the Public Records. 2.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 of the Land. 3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c)are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) 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, permit, or governmental 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 ofany improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation ofthese laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d),14 or 16. (b)Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c),13(d),14 or 16. 2.Rights ofeminent 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 Attachment One (06/03/11) • ,x044• Si.41 'Oale• (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,16,17,18,19, 20, 21, 22, 23, 24, 27 or 28); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien ofthe Insured Mortgage because ofthe inability or failure of an Insured to comply with applicable doing business laws ofthe state where the Land is situated. 5.Invalidity or unenforceability in whole or in part ofthe lien ofthe Insured Mortgage that arises out ofthe transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6.Any claim of invalidity, unenforceability or lack of priority ofthe 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 ofthe estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date ofPolicy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date ofPolicy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien ofthe Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 27(b)of this policy. Attachment One (06/03/11) STORM WATER /4•4 STANDARDS Development Services Land Development Engineering CITY OF QUESTIONNAIRE 1635 Faraday Avenue CARLSBAD E-34 760-602-2750 www.carlsbadca.gov INSTRUCTIONS: 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.gov/standards. Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction 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.When completed,sign the form at the end and submit this with your application to the city. STEP 1 TO BE COMPLETED FOR ALL PROJECTS • ••• 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 to 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 Green Streets guidance? 2.Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance? 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 STORM WATER di>STANDARDS Development Services \\N Land Development Engineering CITY OF QUESTIONNAIRE 1635 Faraday Avenue CARLSBAD E-34 760-602-2750 www.carlsbadca.gov STEP-2 • ••TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJEOTS 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,Xindustrial, residential, mixed-use, and public development projects on public or private land. 3.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 '2Kfoods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. 4.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.•\ 5.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 parking or storage of motor vehicles used personally for business or for commerce. 6.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. 7.Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of impervious surface surface collectively over the entire site,and discharges directly to an Environmentally Sensitive Area (ESA)?"Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less 7\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. 9.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. 10. Is 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%? 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 STORM WATER 014k STANDARDS Development Services 4:tt Land Development Engineering ........,QUESTIONNAIRE 1635 Faraday AvenueNT/CITY OF CARLSBAD E-34 760-602-2750 www.carlsbadca.gov ,.STEP 3 14.;A.4114-1.'.i4viiiiiw*;I [[TO iftctimpterrtftbfteDrietbmitro'pReiimts THAT E PRIY DELMENT'PlkOC ONLY[_____AR __ORIT VE_OP _JETS __' Complete the questions below regarding your redevelopment project:YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? 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, check the "my project meets PDP requirements" box and complete applicant information. 1 - STEP 4 — CHECK THE APPROPMATE BOX AND COMPLETE APPLICANT INFORMATION C.1 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. .,,r.....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 r 9-zia i Address:/g ig (4J -g.5'0.s('`ottY)••'''Accessor's Parcel Number(s):..‹._/rn n 1LC).__1 II .u -(-1.1 Applicant Name:(A-71- - LAG (eve lord a Applicant Title:7")..._1_.' iTiesv?./ iApplicant Signature>/4 frin-Date:6:-Z -il' 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 RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves 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