HomeMy WebLinkAboutCT 14-04; MILES BUENA VISTA; Tentative Map (CT)0 F
CARLSBAD
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
11 I Coastal Development Permit(*) D Minor
D Conditional Use Permit(*)
DMinor DExtension
D Day Care (Large)
&it. ~Pc\0 \)~~ i,f *°) 11 ! Environmental Impact Assessment
~~~:.-'-"--'i.----1
DGeneral Plan Amendment
Olocal Coastal Program Amendment (*)
DMaster Plan
Ospecific Plan
ozone Change(*)
[]Amendment
DAmendment
D Zone Code Amendment
(FOR DEPT. USE ONLY)
D Habitat Management Permit DMinor
D Hillside Development Permit(*) DMinor
D Nonconforming Construction Permit 11 ! Planned Development Permit DMinor 11 !Residential O Non-Residential fuol 0~
South Carlsbad Coastal Review Area Permits
~iewPermit
-i__jAdministrative Qinor OMajor
D Planning Commission Determination
D Site Development Plan DMinor
D Special Use Permit
D Tentative Parcel Map (Minor Subdivision)
11 I Tentative Tract Map (Major Subdivision) or ~ 0
D Variance D Minor
Village Review Area Permits
~iewPermit
~dministrative DMinor
(*) = 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).: 156-220-02
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
PROJECT NAME: Miles Buena Vista
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
BRIEF DESCRIPTION OF PROJECT: 11 Lot residential subdivision located on a 3.13 acre parcel (zoned R1, 9500)
BRIEF LEGAL DESCRIPTION: Portion of Lot 30 of Patterson's Addition to the Town of Carlsbad
LOCATION OF PROJECT: 1833 Buena Vista Way
~~~~~~~~~~~~~~S-T_R_E_E_T_A~D-D_R_E_S_S~~~~~~~~~~~~~~
ON THE: East SIDE OF Valley Street
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN Buena Vista Way AND McCauley Lane
(NAME OF STREET) (NAME OF STREET)
P-1 Page 1 of 6 Revised 12/13
• OWNER NAME
(Print): Robert Miles
MAILING ADDRESS: 1833 Buena Vista Way
~~~~~~~~~~~~~-
CITY, STATE, ZIP: Carlsbad, CA 92008
TELEPHONE: 760-889-9011
EMAIL ADDRESS: robtmiles@roadrunner.com
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATl~UE AND CORRECT TO THE BEST OF MY
KNOWL~. /h --2 /-/
SIGN.lii:f'URE DATE
APPLICANT NAME (Print): Same as Owner
MAILING ADDRESS:
~~~~~~~~~~~~~~
CITY, STATE, ZIP: Carlsbad, CA 92008
TELEPHONE:
EMAIL ADDRESS: robtmiles@roadrunner.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
SIGNATURE DATE
APPLICANT'S REPRESENTATIVE (Print): SHA, Inc (Dale J. Clark, Project Manager)
MAILING ADDRESS: 5115 Avenida Encinas, Suite L
CITY, STATE, ZIP: Carlsbad, CA 92008
TELEPHONE: 760-931-8700, ext 233
EMAIL ADDRESS: dclark@bhaincsd.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORR TO TH B OF MY KNOWLEDGE.
'~
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 Tl E TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAN ND Bl NY SUCCESSORS IN INTEREST. /
FOR CITY USE ONLY
P-1 Page 2 of6
AUG 2 8 2014
CITY C := ,:.:;.t\;=;:LS8/-\D
PL;\f\lf'-~i,\~C3 UJ~J::::ION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 12/13
•
<<~·.t
~ CITY OF
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
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 defined as a 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, 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 page may be attached if necessary.)
Person Robert Miles Corp/Part. ___________ _
Title Owner Title --------------
Address 1833 Buena Vista Ave Address ___________ _
2. OWNER (Not the owner's agent)
P-1(A)
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 Robert Miles Corp/Part. ___________ _
Title Owner Title _____________ _
Address 1833 Buena Vista Ave Address ____________ _
Page 1 of2 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.
Non Profit/Trust Non Profit/Trust ----------Title ___________ _ Title ____________ _
Address ----------Address ___________ _
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?
D Yes &o If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
above information is true and correct to the best of my knowledge.
Signature of owner/date Signature of applicant/date
Robert T Miles
Print or type name of owner Print or type name of applicant
BHA, Inc (Dale J. Clark)
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 07/10
«~4}">
~ CITY OF
CARLSBAD
PROJECT
DESCRIPTION
P-1(8)
PROJECT NAME: Miles-Buena Vista
APPLICANT NAME: Robert Miles
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
~~~~~~~~~~~~~~~~~~~~~~~~~~~
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:
The property address is 1833 Buena Vista Way and is fronted on the northerly side by Buena Vista Way
and on the southerly side by McCauley Lane approximately 430 feet from the intersection of Valley
Street and Buena Vista Way in the City of Carlsbad. The subject property is 3.13 acres in size and has a
topographic gradient of approximately 7.5%, sloping away from the middle of the site west and east.
Currently, Robert Miles is operating a palm nursery which covers 100 percent of the property with the
exception of a single family residence located at 1833 Buena Vista Way. This residence is currently
planned to remain on the property and the lot layout accommodates the existing residence with current
setbacks as defined by the zoning ordinance. Shade screens, access aisles and free standing structures
that are used for storage currently occupy the site and will be removed. The owner is proposing an
eleven (11) lot residential subdivision with one (1) lot for a private drive and for an open space area. The
residential lots range in size from 9,500 SF to 11,482 SF. The proposed density is 3.51 DU's/AC, while
the existing General Plan allows 4.0 DU's/AC. The Zoning Designation for the property is R-1, 9500
(Single Family, 9500 SF min) and the General Plan Designation is RLM (Low Medium Density).
The proposed grading for the site is 4,050 CY of cut and 4,050 CY of fill. The remedial grading is 5,456
CY and is required to mitigate the presences of the contaminated soils per the recommendations of a
Phase I Environmental Site Assessment and Limited Phase II Soil Evaluation prepared by GSI and is
shown on Sheet 4 of the Tentative Map which delineates the remedial grading.
Surrounding land use is comprised of single family residential to the north and south with open space to
the east and a nursery which includes a single family residence adjacent to the west.
The project meets all zoning and general plan requirements.
P-1(8) Page 1 of 1 Revised 07/10
«~" ~ CITY OF
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):
D 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.
[xi 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: Robert Miles Name: Robert Miles
Address: 1833 Buena Vista Way Address: 1833 Buena Vista Way
Carlsbad, CA 92008 Carlsbad, CA 92008
Phone Number: 760-889-9011 Phone Number: 760-889-9011
Address of Site: ___ 1_8_3_3_B_u_e_n_a_V_i_st_a_W_a~y __________________ _
Local Agency (City and County): Carlsbad, CA/County of San Diego
Assessor's book, page, and parcel number:_1_5_6_-_22_0_-_0_2 _______________ _
Specify list(s): ____ c_o_u_n_ty_o_f_S_an_D_i_eg_o ___________________ _
Regulatory Identification Number: __ 19_9_5_7_7 ___________________ _
Date of List: updated quarterly
g /.-.U-/~~ ,r;-/Z-d/4-
"'fr...::;;:;p:;:p;,;llc~a~iit~S~i::-g::na:;t::ur=eTr/D"a:;te=-----"'"""----'---' .Prope1 ty Owner Signature/Date
C:f_,u YI Gr."-Avfl \CP>i .,...-
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
«~" ~ CITY OF
CARLSBAD
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
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 regarding application submittal requirements (i.e., clarification
regarding a specific requirement or whether all requi ents are necessary for your particular
application) please call (760) 602-4610.
Applicant Signature:
Staff Signature:
Date:
To be stapled with receipt to the application
P-1 (E) Page 1 of 1 Revised 07/10
~icago Title Compaf
Builders Services Division
2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400
Title Department:
Chicago Title Company
Attn: Tom Votel/Ken Cyr
Email: votelt@ctt.com & ken.cyr@ctt.com
Phone: (619) 521-3553 & (619) 521-3555
Fax: (619) 521-3608
OrderNo.: 12202315-996-USO
Customer:
Robert Miles
Attn: Robert Miles
Email: robtmiles@roadrunner.com
Phone: (760) 889-9011
FIRST AMENDED PRELIMINARY REPORT
Property Address: 1833 Buena Vista Way, Carlsbad, CA
Dated as of: July 23, 2014 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 Title 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.
CALIFORNIA LAND TITLE ASSOCIATION ST AND ARD COVERAGE POLICY
CLTA Preliminary Report Form -Modified (11-J 7-06)
Page I
f/l>rder No.: 12202315-996-USO
SCHEDULE A
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:
Robert Miles, as trustee of the Robert Miles Living Trust dated November 2, 2006, subject to Item
10 herein
3. The land referred to in this report is situated in the State of California, County of San Diego and is
described in the Legal Description, attached hereto:
END OF SCHEDULE A
CLTA Preliminary Report Fonn -Modified (I 1-17-06)
Page2
-rderNo.: 12202315-996-USO
LEGAL DESCRIPTION
THE EASTERLY 300.00 FEET OF THAT PORTION OF LOT 30 OF PATTERSON'S ADDITION TO
THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 565, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1888, AND OF THAT
PORTION OF SECTION 31, TOWNSHIP II SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE
AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS A WHOLE AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF VALLEY STREET AND
OAK AVENUE AS SHOWN ON MAP NO. 565; THENCE ALONG THE CENTER LINE OF SAID
VALLEY STREET, NORTH 34°33'00" WEST 528.52 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID CENTER LINE OF VALLEY STREET, NORTH 34°33 '00"
WEST, 657.07 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID SECTION
31; THENCE ALONG SAID SOUTHERLY LINE NORTH 89°07'00" WEST 43.31 FEET TO THE
MOST WESTERLY CORNER OF LAND CONVEYED TO SOUTH COAST LAND COMP ANY BY
DEED DATED NOVEMBER 1, 1923 AND RECORDED JANUARY 9, 1924 IN BOOK 976, PAGE
435 OF DEEDS; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LAND CONVEYED
LAND NORTH 54°13'30" EAST 759.75 FEET TO THE NORTHERLY CORNER THEREOF;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID LAND CONVEYED TO SOUTH
COAST LAND COMPANY, SOUTH 35°29'00" EAST, 563.12 FEET TO SAID SOUTHERLY LINE
OF SECTION 31; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89°07'00" EAST, 176.33
FEET TO AN INTERSECTION WITH THE CENTER LINE OF CANYON DRIVE (FORMERLY
CANON STREET) AS SHOWN ON SAID MAP NO. 565; THENCE ALONG SAID CENTER LINE
SOUTH 19°26'00" EAST 36.81 FEET, MORE OR LESS WHICH BEARS NORTH 55°27'00" EAST
PARALLEL WITH THE CENTERLINE OF SAID OAK AVENUE FORM THE TRUE POINT OF
BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 55°27'00" WEST, 864.32 FEET
TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHEASTERLY OF A LINE THAT IS
PARALLEL WITH AND DISTANT 233.03 FEET NORTHWESTERLY MEASURED AT RIGHT
ANGLES FROM THE SOUTHEASTERLY LINE THEREOF.
APN: 156-220-02
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form -Modified (11-17-06)
Page3
-der No.: 12202315-996-USO
SCHEDULEB
At the date hereof, items to be considered and exceptions to coverage m addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
I. Property taxes, including any assessments collected with taxes, for the fiscal year 2014 -2015 that
are a lien not yet due.
2. Intentionally omitted
3. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the
provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing
with Section 75) of the Revenue and Taxation Code of the State of California as a result of the
transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new
construction occurring prior to date of policy.
4. The rights of the public in and to that portion of the herein described land lying within Road Survey
981.
5. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
6. Intentionally omitted
San Diego Gas and Electric Company
public utilities, ingress, egress
January 21, 193 7 in Book 617, page 78 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
7. Water rights, claims or title to water, whether or not shown by the public records.
8. 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.
9. 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.
10. The community property interest of the spouse of Robert Miles.
CLTA Preliminary Report Fonn -Modified (11-17-06)
Page4
END OF SCHEDULE B
CLT A Preliminary Report Form -Modified ( 11-17-06)
SCHEDULEB
( continued)
Page 5
-rderNo.: 12202315-996-USO
-rderNo.: 12202315-996-USO
INFORMATIONAL NOTES
Note No. 1: 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.
Note No. 2: 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.
Note No. 3: In order to complete this report, the Company requires a Statement of Information to
be completed by the following party(s),
Party(s): Harry Miles, Julie Miles and Robert Miles
The Company reserves the right to add additional items or make further requirements after review
of the requested Statement of Information.
NOTE: The Statement of Information is necessary to complete the search and examination of title
under this order. Any title search includes matters that are indexed by name only, and having a
completed Statement of Information assists the Company in the elimination of certain matters
which appear to involve the parties but in fact affect another party with the same or similar name.
Be assured that the Statement of Information is essential and will be kept strictly confidential to this
file.
GP
CLTA Preliminary Report Form -Modified (11-17-06)
Page 6
Fidelity National Financial, Inc
Privacy Statement
Effective Date: 5/1/2008
Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal
Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNFs privacy practices,
including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF
follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share
information as described herein.
Personal Information Collected
We may collect Personal Information about you from the following sources:
Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification
number, asset information and income information;
Information we receive from you through our Internet websites, such as your name, address, Internet Protocol address, the website links
you used to get to our websites, and your activity while using or reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy,
premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in
such transactions, account balances, and credit card information; and
Information we receive from consumer or other reporting agencies and publicly recorded.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from our consumer or other credit reporting agencies) to various
individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these
disclosures. Disclosures may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to
enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connections with an insurance
transactions;
To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or
providing you with services you have requested;
• To an insurance regulatory, or law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a
governmental investigation;
• To companies that perform marketing services on our behalf or to other financial institutions with which we have had joint marketing
agreements and/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be
determined, settled, paid or released prior to a title or escrow closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to
comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or
legal process.
Disclosure to Affiliated Companies -We are permitted by law to share your name, address and facts about your transaction with other FNF
companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for
marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from
consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure
is otherwise permitted by law.
Disclosure to Nonaffiliated Third Parties -We do not disclose Personal Information about our customers or former customers to nonaffiliated
third parties, except as outlines herein or as otherwise permitted by law.
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to
you. We maintain physical , electronic, and procedural safeguards that comply with federal regulation to guard Personal Information.
Access to Personal Information/
Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom
your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is
to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling
future coverage claims.
For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity.
Where permitted by law we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to:
Changes to this Privacy Statement
Chief Privacy Officer
Fidelity National Financial, Inc.
601 Riverside Drive
Jacksonville, FL 32204
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we
will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this
Privacy Statement was revised or materially changed.
Privacy Statement (05-01-08)
----~~---------------
n J 1 /"'l'-.,.JJ.JHC.n 1 Vl"'L ~ AMERICAN LAND TITLE ASSOCIATION ..
~NTIAL TITLE INSURANCE POLICY (6·1-87) EXCLUW!"'
In addition to the Exceptions in Schedule B. you are not insured against loss. costs.
attorneys' fees. and expenses resulting from:
I. Governmental police power. and the existence or violation of any law or government
regulation This includes building and zoning ordinances and also laws and
regulations concerning:
• land use
• improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations or the enforcement of these matters
which appear in the public records at policy date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of
Covered Title Risks.
2. The right to take the land by condemning it. unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you
bought the land without knowledge of the taking
In addition to the Exclusions. you are not insured against loss. costs. attorneys' fees. and
the expenses resulting from:
I. Any rights, 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. 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 ofa right:
• to any land outside the area specifically described and referred to in Item 3 of
Schedule A
or
• m streets. alleys. or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 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. attorneys' fees or expenses which arise by
reason of:
I. (a) Any law. ordinance or governmental regulation (including but not limited to
building and 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 governmental
regulations. except to the extent that a notice of the enforcement thereof or a notice
of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Pohcy.
(b) Any governmental police power not excluded by (a) above. except to the extent
that a notice of the exercise thereof or a notice of a defect. lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in
the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in
the public records at Date of Policy. but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights ofa
purchaser for value without knowledge.
3. Defects. liens. encumbrances. adverse claims. or other matters:
4.
5.
6.
(a) whether or not recorded in the public records at Date of Policy. but created.
suffered. assumed or agreed to by the insured claimant:
(b) not known to the Company. not recorded in the public records at Date of Policy.
but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
( d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured
claimant had paid value for the insured mortgage or for the estate or interest insured
by this policy.
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 truth in lending law.
Any claim. which arises out of the transaction vesting in the insured the estate or
interest insured by this policy or the transaction creating the interest of the insured
lender. by reason of the operation of federal bankruptcy. state insolvency or similar
creditors' rights laws.
SCHEDULE B, PART I
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs. attorneys' fees or expenses) which arise by reason of:
I.
2.
3.
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.
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. not shown by the public
records.
PART!
4.
5.
6.
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.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts
author12ing 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.
Any lien or right to a lien for services. labor or material not shown by the Public
Records.
FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMENT-FORM I 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:
I. (a) Any law. ordinance or governmental regulation (including but not limited to
building and zoning laws, ordinances. or regulations) restricting. regulating.
prohibiting or relating to (i) the occupancy. use, or enjoyment of the land; (ii) the
character. dimensions or location of any improvement now or hereafter erected on
the land; (iii) a separation in ownership or a change in the dimensions or area of the
land or any parcel of which the land is or was a part; or (iv) environmental
protection. or the effect of any violation of these laws. ordinances or governmental
regulations. except to the extent that a notice of the enforcement thereof or a notice
of a defect, lien or encumbrance resulting from a violation or alle1;ied violation
affecting the land has been recorded in the public records at Date of Pohcy.
(b) Any $Overnmental 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 ofa
purchaser for value without knowledge.
3. Defects. liens. encumbrances. adverse claims. or other matters:
(a) created. suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company. not recorded in the public records at Date of Policy.
but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an insured under
this policy;
Attachment One (07-26-10)
Page 8
4.
5.
6.
7.
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this
policy insures the priority of the lien of the insured mortgage over any statutory lien
for services. labor or material or to the extent insurance is afforded herein as to
assessments for street improvements under construction or completed at Date of
Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured
claimant had paid value for the insured mortgage.
Unenforceab1lity of the lien of the insured mortgage because of the inability or
failure of the insured at Date of Policy. or the inability or failure of any subsequent
owner of the indebtedness. to comply with applicable doing business laws of the
state in which the land is situated.
Invalidity or unenforceability of the lien of the insured mortgage. or claim thereof.
which arises out of the transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in lendinl;l 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
Policy the insured has advanced or is obligated to advance.
Any claim. which arises out of the transaction creating the interest of the mortgagee
insured by this policy. by reason of the operation of federal bankruptcy. state
insolvency. or similar creditors' ri~hts laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a
fraudulent conveyance or fraudulent transfer; or
A I I ACHMt.NJ UNt.
.. (CONTINUED)
(a) to timely .instrument of transfer: or (ii) the subordmat1on of the mterest of the msu~agee as a result of the
application of the doctrine of equitable subordination: or
(1i1) the transaction creating the interest of the insured mortgagee being deemed a
preferential transfer except where the preferential transfer results from the failure:
(b) of such recordation to impart notice to a purchaser for value or a judgment
or lien creditor.
. . . The above policy fonn ~ay be issued to afford either Standard Coverage or Extended Coverage.
In add1t1on 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) which arise by reason of:
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 m taxes or assessments.
or notices of such proceedings. whether or not shown by the records of such agency
or by the public records.
2. Any facts. rights, interests or claims which are not shown by the public records but
which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.
3. Easements. liens or encumbrances, or claims thereof. not shown by the pubhc
records.
4
5.
6.
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.
(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.
Any lien or right to a lien for services. labor or material not shown by the Public Records.
2006 AMERICAN LAND TITLE ASSOCIATION 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. pennit, 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 I (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:
4.
5.
6.
7.
(c) resulting in no loss or damage to the Insured Claimant:
(d) attaching or created subsequent to Date of Policy (however. this does not
modify or limit the coverage provided under Covered Risk 11. 13, or 14 ): or
(e) resulting in loss or damage that would not have been sustained if the Insured
Claimant had paid value for the Insured Mortgage.
Unenforceability of the lien of the Insured Mortgalle because of the inability or
failure of an Insured to comply with applicable domg-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 truth-in-lending law. Any claim. by reason of the operation of federal bankruptcy, state insolvency. or
similar creditors' rights laws. that the transaction creating the lien of the Insured
Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer. or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this
policy.
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 fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Excepllons 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:
I. (a) Taxes or assessments that are not shown as existing liens by the records of any
taxing authority that levies taxes or assessments on real property or by the Public
Records: (b) proceedings by a public agency that may result in taxes or assessments.
or notices of such proceedings. whether or not shown by the records of such agency
or by the Public Records. 2. Any facts. rights. interests. or claims that are not shown by the Public Records but
that could be ascertained by an inspection of the Land or that may be asserted by
persons in possession of the Land.
3. Easements. liens or encumbrances, or claims thereof. not shown by the Public
Records.
4. Any encroachment. encumbrance. violation. variation. or adverse circumstance
affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts
authonzing 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.
FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the
Company will not pay loss or damage. costs. attorneys' fees or expenses which arise by
reason of: I. (a) Any law. ordinance or governmental regulation (including but not limited to
building and zoning laws, ordinances. or regulations) restricting. regulating.
prohibiting or relating to (i) the occupancy, use. or enjoyment of the land: (ii) the
character. dimensions or location of any improvement now or hereafter erected on
the land: (iii) a separation in ownership or a change in the dimensions or area of the
land or any parcel of which the land is or was a part: or (iv) environmental
protection. or the effect of any violation of these laws. ordinances or governmental
regulations, except to the extent that a notice of the enforcement thereof or a notice
of a defect, lien or encumbrance resulting from a violation or alle~ed violation
affecting the land has been recorded in the public records at Date of Pohcy. (b) Any ~overnmental 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 ofa purchaser for value without knowledge.
3.
4.
Defects. liens. encumbrances, adverse claims. or other matters:
(a) created. suffered. assumed or agreed to by the insured claimant:
(b) not known to the Company. not recorded in the public records at Date of Policy.
but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an insured under
this policy:
(c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy. or
(e) resulting in loss or damage which would not have been sustained if the insured
claimant had paid value for the estate or interest insured by this J?Olicy.
Any claim, which arises out of the transaction vesting in the msured the estate or
interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency. or similar creditors' rights laws. that ts based on: (i) the transaction creating the estate or interest insured by this policy being
deemed a fraudulent conveyance or fraudulent transfer: or
(ii) the transaction creating the estate or interest insured by this policy being
deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer: or
(b) of such recordation to impart notice to a purchaser for value or a
judgement 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, attorneys' fees or expenses) which arise by reason of:
I. 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.
Attachment One (07-26-10)
Page9
or notices of such proceedings. whether or not shown by the records of such agency
or by the public records.
• ATTACHMENT ONE
(CONTINUED)
2.
3.
4.
Any facts. rights. interests or claims which are not shown by the public records but
which could be ascenained by an inspection of the land or which may be asserted by
persons in possession thereof.
Easements. liens or encumbrances. or claims thereof. not shown by the public
records.
Discrepancies. conflicts in boundary lines. shonage in area. encroachments. or any
other facts which a correct survey would disclose. and which are not shown by the
public records.
5.
6.
(a) Unpatented mming 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.
Any lien or right to a lien for services. labor or material not shown by the Public Records.
2006 AMERICAN LAND TITLE ASSOCIATION 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:
I. (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 l(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 l 0): or
( e) resulting in loss or damage that would not have been sustained if the Insured
Claimant had paid value for the Title.
4. Any claim. by reason of the operation of federal bankruptcy. state insolvency. or similar creditors' rights laws. that the transaction vesting the Title as shown in
Schedule A. is
(a) a fraudulent conveyance or fraudulent transfer: or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental
authority and created or attaching between Date of Policy and the date of recording
of the deed or other instrument of transfer in the Public Records that vests Title as
shown in Schedule A.
The above policy fonn 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 ascenained 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.
5.
6.
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.
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 (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. attorneys' fees. and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government
regulation. This includes ordinances. laws and regulations concerning:
a. building b. zoning
c. Land use
d. improvements on Land e. Land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14. 15, 16, 17
or 24. 2. The failure of Your existing structures. or any part of them. to be constructed in
accordance with applicable building codes. This Exclusion does not apply to
violations of building codes if notice of the violation appears in the Public Records
at the Policy Date.
3. The right to take the Land by condemning it. unless:
a. notice of exercising the right appears in the Public Records at the Policy Date:
or
b. the taking happened before the Policy Date and is binding on You if You
bought the Land without Knowing of the taking.
4. Risks:
a. that are created. allowed. or agreed to by You, whether or not they appear in the
Public Records:
b. that are Known to You at the Policy Date, but not to Us. unless they appear in
the Public Records at the Policy Date: c. that result in no loss to You: or
d. that first occur after the Policy Date -this does not limit the coverage described
in Covered Risk 7. 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. m streets, alleys. or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk 14, 15. 16 and 18. Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 14:
Covered Risk 15:
Covered Risk 16:
Covered Risk 18:
Attachment One (07-26-10)
Your Deductible Amount
1.00% of Policy Amount
or
$ 2.500.00
(whichever is less)
1.00% of Policy Amount
or
$ 5.000.00
(whichever is less)
1.00% of Policy Amount
or
$ 5.000.00
(whichever is less)
1.00% of Policy Amount
or
$ 2.500 00
(whichever is less)
Page 10
Our Maximum Dollar
Limit of Liability
$ 10.000.00
ATTACHMENT ONE
(CONTINUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B. You are not insured against loss. costs. attorneys' fees. and expenses resulting from:
I. Governmental police power. and the existence or violation of those portions of any law or government regulation concerning:
a. building:
b zoning:
c. land use:
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. l 9. 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 m 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 of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A: and
b. in streets. alleys. or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 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:
Your Deductible Amount Our Maximum Dollar Limit of Liability
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21 :
1.00% of Policy Amount Shown in Schedule A
$2,500.00
(whichever is less)
or
1.00% of Policy Amount Shown in Schedule A
$5,000.00
(whichever is less)
or
1.00% of Policy Amount Shown in Schedule A
$5,000.00
(whichever is less)
or
1.00% of Policy Amount Shown in Schedule A
$2,500.00
(whichever is less)
or
$ 10.000.00
$ 25.000.00
$25,000.00
$5,000.00
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the
Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by
reason of:
l. (a) Any law, ordinance or governmental regulation (including but not limited to
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 improvements now or hereafter erected on the Land:
(iii) a separation in ownership or a change in the dimensions or areas of the Land or
any parcel of which the Land is or was a part: or (iv) environmental protection, or
the effect of any violation of these laws, ordinances or governmental regulations.
except to the extent that 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. This exclusion does
not limit the coverage provided under Covered Risks l 2, 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.
Attachment One (07-26-10)
2.
3.
4.
Page 11
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 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 damage to the Insured Claimant:
(d) attaching or created subsequent to Date of Policy (this paragraph does not limit
the coverage provided under Covered Risks 8. 16. 18. 19. 20. 21. 22. 23. 24. 25 and
26): or
(e) resulting in loss or damage which would not have been sustained if the Insured
Claimant had paid value for the Insured Mortgage.
Unenforceability of the lien of the Insured Mort!lage because of the inability or
failure of the Insured at Date of Policy. or the inability or failure of any subsequent
owner of the indebtedness. to comply with applicable doing business laws of the
state in which the Land is situated.
,,, ATTACHMENT ONE
(CONTINUED)
5. Invalidity or unenforceability of the lien of the Insured Mortgage. or claim thereof.
which arises out of the transaction evidenced by the Insured Mortgage and is based
upon usury. except as ~rovided in Covered Risk 27. or any consumer credit
protection or truth in lending Jaw.
6. Real property taxes or assessments of any governmental authority which become a
lien on the Land subsequent to Date of Policy. This exclusion does not limit the
coverage provided under Covered Risks 7. 8(e) and 26.
Any claim of invalidity. unenforceability or Jack of priority of the lien of the Insured
Mortgage as to advances or modifications made after the Insured has Knowledge
that the vestee shown in Schedule A is no longer the owner of the estate or interest
covered by this policy. This exclusion does not limit the coverage provided in
Covered Risk 8.
8.
9.
Lack of priority of the lien of the Insured Mortgage as to each and every advance
made after Date of Policy. and all interest char~ed thereon. over liens. encumbrances
and other matters affecting the title. the existence of which are Known to the Insured at:
(a) The time of the advance: or
(b) The time a modification is made to the tenns 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 1t would have been before the modification This exclusion does
not limit the coverage provided in Covered Risk 8.
The failure of the residential structure. or any portion thereof to have been
constructed before. on or after Date of Policy in accordance with applicable building
codes. This exclusion does not apply to violations of building codes if notice of the
violation appears in the Public Records at Date of Policy.
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:
(a) Any law. ordinance. pennit. 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 !(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 l(b) does not modify or limit the coverage provided under Covered Risk 5. 6. 13(c). 13(d). 14 or 16.
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. 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 of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is
situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury. or any
consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.
6. 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 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 of Policy. This Exclusion does not modify or
limit the coverage provided in Covered Risk I l(b) or 25.
8. The failure of the residential structure. or any portion ofit. to have been constructed before. on or after Date of Policy 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 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 27(b) of this policy.
Attachment One (07-26-10)
Page 12
~otice of Available Discount'
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and
its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with
the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of
this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your
transaction may not qualify for the below discounts.
You are encouraged to discuss the applicability of one or more of the below discounts with a Company
representative. These discounts are generally described below; consult the rate manual for a full de§cription of
the terms, conditions and requirements for such discount. These discounts only apply to transactions involving
services rendered by the FNF Family of Companies. This notice only applies to transactions involving property
improved with a one-to-four family residential dwelling.
Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company
as indicated by the named discount.
FNF Underwrjtten Title Companies
CTC -Chicago Title Company
Available Discounts
FNF Underwriters
CTIC -Chicago Title Insurance Co.
CREDIT FOR PRELIMINARY TITLE REPORTS AND/OR COMMITMENTS ON
SUBSEQUENT POLICIES
Where no major change in the title has occurred since the issuance of the original report or commitment, the
order may be reopened within 12 -36 months and all or a portion of the charge previously paid for the report
or commitment may be credited on a subsequent policy charge within the following time period from the date of
the report.
DISASTER LOANS
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an
owner of record, within 24 months of the date of a declaration of a disaster area by the government of the
United States or the State of California on any land located in said area, which was partially or totally destroyed
in the disaster, will be 50% of the appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS
On properties used as a church or for charitable purposes within the scope of the normal activities of such
entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50%
to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a
lender's policy shall be 32% to 50% of the appropriate title insurance rate, depending on the type of coverage
selected.
SHORT TERM RATE
The Short Term Rate is a reduction of the charges shown in the Insurance Tables which is allowable only when
the current order is placed within 60 months from the date of issuance of a prior CLTA or ALTA Form of Policy of
any qualified title insurer and provided further that the granter, borrower, lender, lessor or assignor is insured
by or under the terms of a prior policy, or is the vested owner of the interest insured by said policy. The short
term rate is 64% to 92% of the appropriate title insurance rate depending on the type of coverage selected.
EMPLOYEE RATE
No charge shall be made to employees (including employees on approved retirement) of the Company or its
underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing,
refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized
only in connection with those costs which the employee would be obligated to pay, by established custom, as a
party to the transaction.
CA Discount Notice CT (9-17-09)
Page 13
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BILLING CONTACT
SHEA HOMES LIMITED PARTNERSHIP
9990 Mesa Rim Rd, 200
San Diego, Ca 92121-3932
INVOICE NUMBER INVOICE DATE
00006087 04/03/2017
REFERENCE NUMBER FEE NAME
INVOICE DUE DATE
04/03/2017
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-7314
INVOICE STATUS
Due
INVOICE DESCRIPTION
NONE
TOTAL
DEV14044 HABITAT MANAGEMENT F-Ag. Disturbed Eucalyptus Wood $10,000.35
1833 Buena Vista Wy Carlsbad, CA 92008
I IIIIIIII IIIII Ill lllll lllll lllll lllll lllll lllll 111111111111111111
April 03, 2017 3:07 pm
SUB TOTAL $10,000.35
TOTAL .... I _____ $_10_,o_o_o._3s__,!
City of Carlsbad
Faraday Center
Faraday Cashiering 001
17no101-2 04/03/2017 149
Mon , Ap r 03, 2017 03:08 PM
Receipt Ref Nbr: R1709301-2/0046
ENERGOV -ENERGOV
Tran Ref Nbr : 170930102 0046 0054 I
Trans/Rcpt#: 00006087
SET#: 00006087 1
Amount: 1 @ $10,000.35
Item Subtota l: $10,000.35
Item Tota l : $10,000.35
ITEM(S) TOTAL:
Check (Chk# 37685632)
Total Received:
Have a nice day!
$10,000.35
$10,000.35
$10,000.35
**************CUSTOMER COPY*************
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