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HomeMy WebLinkAboutCT 14-06; AFTON WAY; Tentative Map (CT)(*N ,•.3 4.1"› ‹irk„,,,„°•"'LAND USE REVIEW Development Services \-/CITY OF APPLICATION Planning Division .1635 Faraday AvenueCARLSBADP-1 (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR:(CHECK BOXES) Development Permits (FOR DEPT. USE ONLY)Leaislady° Permits (FOR DEPT. USE ONLY) ElCoastal Development Permit (*)Minor Deneral Plan Amendment 0 Conditional Use Permit (*) EMinor Extension I—local Coastal Program Amendment (*)n El Day Care (Large)plaster Plan ElAmendment Amendment Environmental Impact Assessment Habitat Management Permit VMinor amp 15_01 LEISpecific Plan El Zone Change (*) EIHillside Development Permit (*)ElMinor MP 14-05 Eil Zone Code Amendment onconforrning Construction Permit Plann Development Permit DAinor 'pliA4640rctvilRi South Carlsbad Coastal Review Area Permits 1. --- Review Permit 1 --- esidential El Non-Residential I'4 -OI/_jAdministrative DAinor EiMajor EiPlanning Commission Determination SO - --,:g Site Development Plan Minor _P1.1 40 Village Review Area Permits Special Use Permit Review Permit .14dministrative Minor EMajor0Tentative Parcel Map (Minor Subdivision) El Tentative Tract Map (Major Subdivision)- 11 - 44 v.._..r.•-v { - 1 Variance 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).:167-531-45 and 167-250-06 PROJECT NAME:Afton Way BRIEF DESCRIPTION OF PROJECT:Subdivision with 9 detached, single-family lots on approx. 5 acres BRIEF LEGAL DESCRIPTION:See attached prelim title report for legal description LOCATION OF PROJECT:2200 Afton Way, Carlsbad STREET ADDRESS ON THE:south SIDE OF Carlsbad Village Drive (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) BETWEEN Donna Drive AND Celinda Drive (NAME OF STREET)(NAME OF STREET) Deg )LI 0 33 P-1 Page 1 of 6 Revised 12/13 bo1-6r OWNER NAME (Print):Presidio Mana Carlsbad 9, LLC.APPLICANT NAME (Print):Ma Investments, Inc. MAILING ADDRESS:5927 Balfour Court, Suite 208 MAILING ADDRESS: 5927 Court, Suite 208 CITY,STATE, ZIP.Carlsbad, CA 92008 CITY, STATE, ZIP:Carlsbad, CA 92008 TELEPHONE (760) 419-5432 TELEPHONE:(760) 419-5432 EMAIL ADDRESS:sc@manainv.com EMAIL ADDRESS:sc@manainv.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KN EDGE THE BEST OF KNOWLEDG e--zc_mf a.I 41.thf___SIGNATURE DATE SIG ..-0 RE DA E APPLICANT'S REPRESENTATIVE (Print):Suzanne Chamley MAILING ADDRESS:5927 Balour Court, Suite 208 CITY, STATE, ZIP:Carlsbad, CA 92008 TELEPHONE:(760) 419-5432 EMAIL ADDRESS:sc@manainv.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND ECT TO THE BE T F MY K WLEDGE. 7Sit SKONA '74 RE 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.INVE 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 A Y SUCCESSORS IN INTEREST. RTY OWNER SIGNATURE FOR CITY USE ONLY REV NED OCT 1 4 2014 CITY CF CARLSBPD LA0'1V.-.IG DIVISION DATE STkMP APP.LICATION RECEIVED RECEIVED BY: P-1 Page 2 of 6 Revised 12/13 eIRIN %we PRELIMINARY REPORT Fidelity National Title Company YOUR REFERENCE:2200 Afton Way ORDER NO.:00058166-994-VNO-SI 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: THOSE PORTIONS OF LOTS 1 THRU 4 OF CARLSBAD TRACT NO.83-20 ACCORDING TO MAP THEREOF NO. 11578 TOGETHER WITH LOT 6 A PORTION OF LOT 5 AND A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 11 SOUTH,RANGE 4 WEST,SAN BERNARDINO MERIDIAN ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 1;THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY BOUNDARY THEREOF SOUTH 49°12'54"EAST 91.33 FEET;THENCE LEAVING SAID BOUNDARY SOUTH 40°15'51" WEST 106.47 FEET; THENCE SOUTH 28° 40' 29" WEST 109.48 FEET; TO THE SOUTHERLY BOUNDARY OF SAID LOT 2; THENCE NORTH 70°19'19" WEST 26.29 FEET TO A 182.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 59.85 FEET THROUGH A CENTRAL ANGLE OF 18° 50' 35" TO THE MOST WESTERLY CORNER OF SAID LOT 2; THENCE NON-TANGENT TO SAID CURVE SOUTH 32° 56'14" WEST 20.20 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 3 SAID CORNER BEING ALSO A POINT ON A NON-TANGENT 222.00 FOOT RADIUS CURVE CONCAVE NORTHERLY A RADIAL LINE TO SAID CURVE BEARS SOUTH 37°30'45"WEST;THENCE EASTERLY ALONG THE ARC OF SAID CURVE BEING ALSO THE NORTHERLY BOUNDARY OF SAID LOT 3 69.10 FEET THROUGH A CENTRAL ANGLE OF 17°50'04";THENCE SOUTH 70°19'19"EAST 26.29 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY SOUTH 24°47'54"WEST 256.35 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF SAID LOT 4;THENCE ALONG SAID SOUTHERLY BOUNDARY SOUTH 42° 43' 19" WEST 41.12 FEET; THENCE NORTH 81° 58' 29" WEST 136.19 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 4; THENCE ALONG THE NORTHWESTERLY BOUNDARY THEREOF NORTH 32° 56' 14" EAST 22.29 FEET TO THE SOUTHERLY CORNER OF SAID LOT 6;THENCE ALONG THE WESTERLY BOUNDARY THEREOF NORTH 1°11'15"EAST 604.98 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 88°39'12"WEST 332.19 FEET TO THE EASTERLY LINE OF THE WESTERLY 15 CHAINS OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID EASTERLY LINE NORTH 1° 32' 57" EAST 100.00 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER;THENCE ALONG SAID NORTHERLY LINE SOUTH 88°39'12" EAST 767.06 FEET TO THE SOUTHEASTERLY BOUNDARY OF SAID LOT 5;THENCE ALONG SAID SOUTHEASTERLY BOUNDARY AND THE SOUTHWESTERLY PROLONGATION THEREOF SOUTH 32° 56'14" WEST 232.10 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION GRANTED TO THE CITY OF CARLSBAD DESCRIBED AS EXHIBIT "A"ON THE DEED RECORDED SEPTEMBER 23, 1986 AS INSTRUMENT NO. 86-420850, OF OFFICIAL RECORDS. APN:167-531-45-00, 167-250-06-00 CLTA Preliminary Report Form —Modified (11/17/06)Page 3 DISCLOSURE Development Services STATEMENT Planning Division \\T/CITY OF P-1(A)1635 Faraday Avenue CARLSBAD (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal.Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "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) Mana Investments, Inc. 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 Person Orville Power •Gefforaeft C.Blair Pruett Title Managing Member Title Investment Manager Address 5927 Balfour Ct, Suite 208 Address 5927 Balfour Ct, Suite 208 2.OWNER (Not the owner's agent)Presidio Mana Carlsbad 9, LLC. Provide the COMPLETE.LEGAL names and addresses of al 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 Corp/Part Presidio Merced Land IV Passive,LLC. Title Title Owner of Presidio Mana Carlsbad 9, LLC. Address Address 601 Carlson Pkwy, Suite 200 Minnetonka, MN 55305 P-1(A)Page 1 of 2 Revised 07/10 ,e 3.NON-PROFIT ORGANIZATION OR TRUST N/A 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? Yes X No If yes, please indicate person(s):N/A NOTE:Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. n -owner/date Sig ture of applicant/date Orville Power Suzanne Chamley Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A)Page 2 of 2 Revised 07/10 PROJECT Development Services cit11)DESCRIPTION Planning Division \;01 CITY OF P-1(B)1635 Faraday Avenue CARLSBAD (760) 602-4610 www.carlsbadca.gov PROJECT NAME:Afton Way APPLICANT NAME:Mana Investments, Inc. 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: Applicant is proposing a single-family subdivision consisting of 9 lots on 2 parcels, consisting of approximately 5 acres. The subject property is zoned R-A 10,000 with a Q-overlay.All of the lots are in compliance with the minimum lot square-footage. The project is also consistent with the General Land Use designation of RLM (Residential Low/Medium at 0-4 du/ac). The project will be served be served by Afton Way,a 36' public road. The applicant is seeking approval of a Tentative Map, a Site Development Permit, and a Hillside Development Permit. The property is not located within the Coastal Zone. P-1(B)Page 1 of 1 Revised 07/10 HAZARDOUS WASTE AND SUBSTANCES Development Services Planning Division CITY OF STATEMENT 1635 Faraday Avenue CARLSBAD P-1(C)(760) 602-4610 vvww.carisbadca.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): M 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. 0 The development project and any alternatives proposed in this application gte contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name:Mana Investments, Inc.Name:Presidio Mana Carlsbad 9, LLC. Address:5927 Balour Court, Suite 208 Address:5927 Balour Court, Suite 208 Carlsbad, CA 92008 Carlsbad, CA 92008 Phone Number:(760) 419-5432 Phone Number:(760) 419-5432 Address of Site:2200 Afton Way Local Agency (City and County):City of Carlsbad, County of San Diego Assessor's book, page, and parcel number:167-531-45 and 167-250-06 Specify list(s):N/A Regulatory Identification Number:N/A Date of List:N/A 1 2-s5 y Applicant Signature/Date Property 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 EIA INFORMATION Development Services FORM Planning Division CITY OF P-1(D)1635 Faraday Avenue CAR LSBAD (760) 602-4610 www.carlsbadca.gov INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e.,Environmental Impact Report,Mitigated Negative Declaration,Negative Declaration or Exemption)will be required to be prepared for your application,per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code.The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e.,biological,cultural resource,traffic,noise)that are necessary to substantiate a "no impact"or "yes impact"determination should be submitted as an attachment to this Environmental Information Form.This is especially important when a Negative Declaration is being sought.The more information provided in this form,the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form —Initial Study. P-1(D)Page 1 of 4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed:I 0 -144-(41-(To be completed by City Application Number(s):Cr 07Lto ILE oq HOP 14-t--0 General Information 1.Name of project:Afton Way 2.Name of developer or project sponsor:Mana Investments, LLC. Address:5927 Balour Court. Suite 208 City, State, Zip Code:Carlsbad, CA 92008 Phone Number:(760) 419-5432 3.Name of person to be contacted concerning this project:Suzanne Charnley Address:5927 Balour Court, Suite 208 City, State, Zip Code:Carlsbad, CA 92008 Phone Number:(760) 419-5432 4.Address of Project:2200 Afton Way, Carlsbad Assessors Parcel Number:167-531-45 and 167-250-06 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: Tentative Map, Hillside Development Permit. Site Development Permit 6.Existing General Plan Land Use Designation:RI-A4 7.Existing zoning district:R-A 10,000 with Q-overlay 8.Existing land use(s):one single-family residence 9.Proposed use of site (Project for which this form is filed):9 lot, single-family subdivision on approx.5 acres Project Description 10.Site size:Approx.5 acres 11.Proposed Building square footage:Average 4,000 sf per home (9 total) 12:Number of floors of construction:2-stories per home 13.Amount of off-street parking provided:36 (garages and driveway aprons) 14.Associated projects:N/A P-1(D)Page 2 of 4 Revised 07/10 15.If residential, include the number of units and schedule of unit sizes:Total of9 single-family detached homes with an average square-footage of 4,000 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: N/A 18.If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: N/A 19.If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: N/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 0 alteration of ground contours. 21.Change in scenic views or vistas from existing residential areas or public lands or 0 roads. 22.Change in pattern, scale or character of general area of project.0 [21 23.Significant amounts of solid waste or litter.0 1:4 24.Change in dust, ash, smoke, fumes or odors in vicinity.0 25.Change in ocean,bay,lake,stream or ground water quality or quantity,or 0 12] alteration of existing drainage patterns. 26.Substantial change in existing noise or vibration levels in the vicinity.0 27.Site on filled land or on slope of 10 percent or more. 28.Use of disposal of potentially hazardous materials,such as toxic substances,0 flammables or explosives. 29.Substantial change in demand for municipal services (police, fire, water, sewage,0 etc.). 30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).0 31.Relationship to a larger project or series of projects.0 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, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date:ct s-.Signature:(Ic .„ -For-tieV1 Le-Fow..tr P-1(D)Page 4 of 4 Revised 07/10 TENTATIVE PARCEL MAP 4:444)°\''WAIVER OF PROCESSING Development Services Planning DivisionCITYOFTIME LIMITS 1635 Faraday Avenue CARLSBAD P-1(F)760-602-4610 www.carlsbadca.gov Proposed Minor Subdivision No.: Subdivision Map Act (SMA)Section 66452.1 sets a 50-day time limit for the Planning Division to process tentative parcel maps.Per SMA Section 66451.1, this time limit may be extended by mutual consent of the applicant and the city to allow for concurrent processing of related approvals or an environmental review of the project. By accepting applications for tentative parcel maps concurrently with applications for other approvals that are prerequisites to the map (e.g.,Environmental Information Form,Environmental Impact Report,Condominium Permit, Planned Unit Development), the 50-day time limit is often exceeded.For the city to process a tentative parcel map application concurrently,the property owner or applicant must sign this agreement.If this agreement is not signed, the city will accept the tentative parcel map application only after all prerequisites to the map have been processed and approved. The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time restriction and hereby waives such time restriction for city planner action. Signer is (check one):0111 [Property Owner )Applicant Signa re rint Name D e Signer is (check one): OProperty Owner DApplicant Signature Print Name Date • P-1(F)Rev. 04/13 TENTATIVE PARCEL MAP TENANT NOTIFICATION STATEMENT Development Services Planning Division\,CITY OF (Statement of Compliance with Subdivision Map 1635 Faraday Avenue CAR LSBAD Act Sect. 66427.1) P-1(G) 760-602-4610 www.carlsbadca.gov Proposed Minor Subdivision No.: I hereby certify that I have read Subdivision Map Act Section 66427.1 (provided below) and that I will make all notifications to the tenants required therein. arcnvle-- Pe-E(3-61t y ign ure Print Name Date OProperty Owner XApplicant Signature Print Name Date OProperty Owner Applicant Subdivision Map Act Section 66427.1 (a) The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project,a community apartment project, or a stock cooperative project, unless it finds as follows: (1) Each tenant of the proposed condominium, community apartment project, or stock cooperative project, and each person applying for the rental of a unit in the residential real property, has received or will have received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451). (2)Each of the tenants of the proposed condominium,community apartment project,or stock cooperative project has received or will receive each of the following notices: (A) Written notification, pursuant to Section 66452.9, of intention to convert, provided at least 60 days prior to the filing of a tentative map pursuant to Section 66452. (B) Ten days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, that the period for each tenant's right to purchase begins with the issuance of the final public report, and that the report will be available on request. (C) Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate. (D) Written notification within 10 days after approval of a final map for the proposed conversion. (E)One hundred eighty days'written notice of intention to convert,provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to Section 66452.11, but not before the local authority has approved a tentative map for the conversion. The notice given pursuant to this paragraph shall not alter or abridge the rights or obligations of the parties in performance of their covenants,including,but not limited to,the provision of services,payment of rent,or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. (F) Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant. The exclusive right to purchase shall commence on the date the subdivision public report is issued,as provided in Section 11018.2 of the Business and Professions Code, and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of his or her intention not to exercise the right. (b) The written notices to tenants required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a) shall be deemed satisfied if those notices comply with the legal requirements for service by mail. (c) This section shall not diminish, limit or expand, other than as provided in this section, the authority of any city, county, or city and county to approve or disapprove condominium projects. (d)If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, all required written notices regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in that language. P-1(G)Page 1 of 1 Revised 11/12 C onIlk id>TIME LIMITS ON Development Services .X +AO "DISCRETIONARY Planning Division'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 regarding application submittal requirements (i.e.,clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. Applicant Signature:04.4-eal...Akifift.44-44-. Staff Signature:eki-64 )e -kj. Date:/0—/ti`--/k-f To be stapled with receipt to the application P-1(E)Page 1 of 1 Revised 07/10 -- , STORM WATER /Os\Development Services f STANDARDS 1 Land Development Engineering CITY OF QUESTIONNAIRE 1635 Faraday Avenue\77 CARLSBAD E-34 760-602-2750 www.carlsbadca.gov I 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. 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?X 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 C STORM WATER STANDARDS Development Services L.'AIV/CITY OF Land Development Engineering QUESTIONNAIRE 1635 Faraday Avenue CARLSBAD E-34 760-602-2750 www.carlsbadca.gov STEP1• TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS 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 foods 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.X 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 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 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. 10.1s your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction?X 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%?X 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 ,I C 0 STORM WATER liS\Development ServicesSTANDARDS,\,,:,•Land Development Engineering CITY OF QUESTIONNAIRE 1635 Faraday Avenue CARLSBAD E -34 760-602-2750 www.carlsbadca.gov .., ,STEP 3 • 'TO BE. COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPEMENT PROJECTS ONLY _ 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?X 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. ['"•:'-'' ::.•:.--- . '"'--':•SIER4-:..-..'':-.'..1".:;::' 1. ..-' : ''!.'1' .-- : - .--' _:., . .• . ' .,CHECK THE APPROPRIATE BOX ANI:k COMPLETE APPLICANT INFORMATION........•.,.._. LI 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.0 My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part of these requirements,I will incorporate low impact development strategies throughout my project. Applicant Information and Signature Box Address:Accessor's Parcel Number(s): 2-2-00 A'f-*/14 01441 101—53 /—Lt5 - Ap licant Name:Applicant Title:rtsiotio Mitna 6a4-15b4d et,LAG DtAlliee• Ap icant Signature:a..44-rtt Date: ok....f0'Pt i/V 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 INVOICE (00002457) BILLING CONTACT CPRESIDIO PEBBLE CREEK CARLSBAD 8 LLC City of Carlsbad City o f 301 W 28Th St, A Gary Arnold 1635 Faraday Avenue National City, Ca 91950-6642 Carlsbad, CA 92008-7314 Carlsbad INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00002457 01/10/2017 01/10/2017 Due NONE REFERENCE NUMBER FEE NAME TOTAL GR2016-0050 GR CASH DEPOSIT $86,711.91 HABITAT MANAGEMENT D-Coastal Sage Scrub $5,749.74 HABITAT MANAGEMENT E-Non-Native Grassland $10,222.08 HABITAT MANAGEMENT F-Ag. Disturbed Eucalyptus Wood $2,907.45 RETAINING WALL PLAN CHECK FEE $2,321.81 SWMP INSPECTION FEE (greater than .5 acres)$864.00 SWPPP INSPECTION FEE TIER 3 -HIGH $3,590.00 SUB TOTAL $112,366.99 REFERENCE NUMBER FEE NAME TOTAL ROW2016-0061 ADDITIONAL IMPROVEMENT PLAN CHECK FEE $7,158.53 STREET LIGHT ENERGIZING:40 Watts 5,500 Pupil Lumen $65.00 SUB TOTAL $7,223.53 TOTAL $119,590.52 11111111 11111III 11111 11111 11111 111111 11111 11111 111111111111 January 10. 2017 3:62 pm Page 1 of 1 City of Carlsbad Faraday Center Faraday Cashiering 001 1701001 -2 01/10/2017 149 Tue,Jan 10,2017 03:54 PM Receipt Ref Nbr:R1701001 -2/0067 ENERGOV -ENERGOV Tran Ref Nbr:170100102 0067 0081 Trans/Rcpt#:00002457 SET #:00002457 Amount:1 q $119,590.52 Item Subtotal:$119,590.52 Item Total:$119,590.52 1 ITEM(S)TOTAL:$119,590.52 Check (Chk#1004)$60,000.00 Check (Chk#001057)$47,000.00 •Check (Chk#001024)$12,590.52 •Total Received:$119,590.52 Have a nice day! **************mumm Fidelity National Title Company 5000 Van Nuys Blvd., Suite 500, Sherman Oaks, CA 91403 Phone:(818) 881-7800 •Fax:(818) 776-8528 AMENDED PRELIMINARY REPORT Title Officer:Sheila Isham ORDER NO.:00058166-994-VNO-SI Phone:(818) 758-5718 LOAN NO.: Fax:(818) 475-5013 Email:sisham@fnf.com Mulholland Escrow 15531 Ventura Blvd., Suite 100 Encino, CA 91436 ATTN:Jennifer Wheaton YOUR REF:10062-JH PROPERTY:2200 Afton Way, Carlsbad, CA EFFECTIVE DATE:February 5, 2015 at 7:30 a.m., Amended February 10, 2015, Amended No. E The form of policy or policies of title insurance contemplated by this report is: ALTA Homeowner's Policy (2-3-10) ALTA Extended Loan Policy (6-17-06) 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: Presidio Mana Carlsbad 9,LLC,a Delware Limited Liability Company 3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. SI/rs March 27, 2014 CLTA Preliminary Report Form —Modified (11/17/06)Page 2 PRELIMINARY REPORT Fidelity National Title Company YOUR REFERENCE:2200 Afton Way ORDER NO.:00058166-994-VNO-SI 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: THOSE PORTIONS OF LOTS 1 THRU 4 OF CARLSBAD TRACT NO.83-20 ACCORDING TO MAP THEREOF NO. 11578 TOGETHER WITH LOT 6 A PORTION OF LOT 5 AND A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32,TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 1;THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY BOUNDARY THEREOF SOUTH 49°12'54" EAST 91.33 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 40°15' 51" WEST 106.47 FEET; THENCE SOUTH 28° 40' 29" WEST 109.48 FEET; TO THE SOUTHERLY BOUNDARY OF SAID LOT 2;THENCE NORTH 70°19'19" WEST 26.29 FEET TO A 182.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 59.85 FEET THROUGH A CENTRAL ANGLE OF 18° 50' 35" TO THE MOST WESTERLY CORNER OF SAID LOT 2; THENCE NON-TANGENT TO SAID CURVE SOUTH 32° 56' 14" WEST 20.20 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 3 SAID CORNER BEING ALSO A POINT ON A NON-TANGENT 222.00 FOOT RADIUS CURVE CONCAVE NORTHERLY A RADIAL LINE TO SAID CURVE BEARS SOUTH 37°30' 45" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE BEING ALSO THE NORTHERLY BOUNDARY OF SAID LOT 3 69.10 FEET THROUGH A CENTRAL ANGLE OF 17° 50' 04";THENCE SOUTH 70°19'19" EAST 26.29 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY SOUTH 24° 47' 54" WEST 256.35 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF SAID LOT 4; THENCE ALONG SAID SOUTHERLY BOUNDARY SOUTH 42° 43' 19" WEST 41.12 FEET; THENCE NORTH 81° 58' 29" WEST 136.19 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 4; THENCE ALONG THE NORTHWESTERLY BOUNDARY THEREOF NORTH 32°56'14" EAST 22.29 FEET TO THE SOUTHERLY CORNER OF SAID LOT 6;THENCE ALONG THE WESTERLY BOUNDARY THEREOF NORTH 1°11'15"EAST 604.98 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 88°39' 12" WEST 332.19 FEET TO THE EASTERLY LINE OF THE WESTERLY 15 CHAINS OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID EASTERLY LINE NORTH 1° 32' 57" EAST 100.00 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID NORTHERLY LINE SOUTH 88° 39'12" EAST 767.06 FEET TO THE SOUTHEASTERLY BOUNDARY OF SAID LOT 5;THENCE ALONG SAID SOUTHEASTERLY BOUNDARY AND THE SOUTHWESTERLY PROLONGATION THEREOF SOUTH 32°56'14" WEST 232.10 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION GRANTED TO THE CITY OF CARLSBAD DESCRIBED AS EXHIBIT "A"ON THE DEED RECORDED SEPTEMBER 23, 1986 AS INSTRUMENT NO.86-420850, OF OFFICIAL RECORDS. APN:167-531-45-00,167-250-06-00 Plotted Easement CLTA Preliminary Report Form —Modified (11/17/06)Page 3 PRELIMINARY REPORT Fidelity National Title Company YOUR REFERENCE:2200 Afton Way ORDER NO.:00058166-994-VNO-SI 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 2015-2016. 2.Supplemental assessment for 2014-2015: APN No.167-531-45-00 1st Installment $5,986.98, Open Must be Paid By:April 01, 2015 2nd Installment $5,986.98, Open Must be Paid By:July 31, 2015 Bill No.:849-064-96-44 3.The lien of supplemental taxes,if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75)of the Revenue and Taxation Code ofthe State of California, but only to the extent resulting from the conveyance of said land to the insured. Note:If said supplementals (if any) are not posted prior to the date ofclosing, this company assumes no liability for payment thereof. 4.Water rights, claims or title to water, whether or not disclosed by the public records. 5.Intentionally Omitted 6.Intentionally Omitted 7.Intentionally Omitted 8.Intentionally Omitted 9.Intentionally Omitted 10.The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by the document, Recording Date:September 02, 1966 Recorder's File:143634 Affects:Carlsbad Village Drive Said Land, however, abuts on a public thoroughfare, other than the one referred to above, over which the rights of vehicular access have not been relinquished. CLTA Preliminary Report Form —Modified (11/17/06)Page 4 4.0•0' PRELIMINARY REPORT Fidelity National Title Company YOUR REFERENCE:2200 Afton Way ORDER NO.:00058166-994-VNO-SI EXCEPTIONS (Continued) 1 1 .Easement(s) for the purpose(s) shown below and rights incidental thereto,as granted in a document: Purpose:Public utilities, ingress and egress Recording Date:August 19,1957 Recording No:Instrument No. 125665, in Book 6713 Page(s) 351,of Official Records Affects:Said land 12.Matters contained in that certain document Entitled:Notice ofConsent to Use land Dated:January 29, 1979 Recording Date:February 04, 1980 Recording No:Instrument No.80-040190,of Official Records Reference is hereby made to said document for full particulars. 13.Intentionally Omitted 14.Intentionally Omitted 15.Intentionally Omitted 16.Easement(s) for the purpose(s) shown below and rights incidental thereto,as granted in a document: Granted to:The City ofCarlsbad Purpose:Slope Recording Date:September 23, 1986 Recording No:86-420850 Affects:Said land 17.The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by the Carlsbad Tract No.83-20 per map 11578 of said land. Affects:Elm Avenue Said Land, however, abuts on a public thoroughfare, other than the one referred to above, over which the rights of vehicular access have not been relinquished. 18.Intentionally Deleted. 19.Intentionally Deleted. 20.Rights of the public as to any portion of the land lying within the area commonly known as Carlsbad Village Drive. 21.Please be advised that our search did not disclose any open Deeds of Trust of record.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 5 %Imp. PRELIMINARY REPORT Fidelity National Title Company YOUR REFERENCE:2200 Afton Way ORDER NO.:00058166-994-VNO-SI EXCEPTIONS (Continued) 22.Any invalidity or defect in the title ofthe vestees in the event that the trust referred to herein is invalid or fails to grant sufficient powers to the trustee(s) or in the event there is a lack of compliance with the terms and provisions of the trust instrument. If title is to be insured in the trustee(s)ofa trust, (or iftheir act is to be insured), this Company will require a Trust Certification pursuant to California Probate Code Section 18100.5. The Company reserves the right to add additional items or make further requirements after review ofthe requested documentation. 23.In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s):All Parties The Company reserves the right to add additional items or make further requirements after review ofthe requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination oftitle under this order. Any title search includes matters that are indexed by name only, and having a completed Statement ofInformation assists the Company in the elimination ofcertain 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. 24.Your application for title insurance was placed by reference to only a street address or tax identification number. Based on our records, we believe that the legal description in this report covers the parcel(s)ofLand that you requested.If the legal description is incorrect, the seller/borrower must notify the Company and/or the settlement company in order to prevent errors and to be certain that the correct parcel(s)ofLand will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance 25.(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. 26.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection ofthe Land or that may be asserted by persons in possession of the Land. 27.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 28.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. 29.(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. 30.Any lien or right to a lien for services, labor or material not shown by the Public Records. END OF ITEMS CLTA Preliminary Report Form —Modified (11/17/06)Page 6 —_ PRELIMINARY REPORT Fidelity National Title Company YOUR REFERENCE:2200 Afton Way ORDER NO.:00058166-994-VNO-SI NOTES 1.Note: The current owner does NOT qualify for the $20.00 discount pursuant to the coordinated stipulated judgments entered into actions filed by both the Attorney General and private class action plaintiff for the herein described Land. 2.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. 3.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 Land Single Family Dwelling, known as 2200 Afton Way, Carlsbad, California to an Extended Coverage Loan Policy. 4.Note:The only conveyance(s) affecting said Land, which recorded within 24 months ofthe date of this report, are as follows: Grantor:L.Allan Jandro and Afton Jandro,Trustees of the Jandro Family Trust dates May 17, 1988 Grantee:L. Allan Jandro,as Trustee under the Jandro Family Trust dated May 17,1988,and as subsequently amended, for the benefit of L. Allan Jandro and Afton Jandro Recording Date:May 21, 2014 Recording No:2014-0112787,of Official Records Grantor:Melanie J.Bingham, Esq., Successor Trustee under the Jandro Family Trust dates May 17,1988,and as subsequently amended,for the benefit of L. Allan Jandro and Afton Jandro Grantee:Presidio Mana Carlsbad 9, LLC,a Delware Limited Liability Company Recording Date:June 20, 2014 Recording No:2014-0256171,of Official Reords 5.Note: Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts were: Tax Identification No.:167-531-45-00 Fiscal Year:2014-2015 1st Installment:$693.34 Paid 2nd installment:$693.34 Paid Exemption:$7,000.00 Land:$77,062.00 Improvements:$49,920.00 Code Area:09000 Affects:A portion ofthe Land described herein. 6.Note: Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts were: Tax Identification No.:167-250-06-00 Fiscal Year:2014-2015 1st Installment:$104.92 Paid 2nd installment:$104.92 Paid Exemption:$0.00 Land:$14,604.00 Improvements:$0.00 Code Area:09000 Affects:A portion ofthe Land described herein. CLTA Preliminary Report Form —Modified (11/17/06)Page 7 • '411d PRELIMINARY REPORT Fidelity National Title Company YOUR REFERENCE:2200 Afton Way ORDER NO.:00058166-994-VNO-SI NOTES (Continued) 7.Unless this company is in receipt of WRITTEN instructions authorizing a particular policy, Fidelity Title will AUTOMATICALLY issue the American Land Title Association Homeowner's Policy (02/03/10) for all qualifying residential 1-4 properties/transactions to insure the buyer at the close of escrow. 8.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 ofany document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy ofany document reported herein that fits this category, the statement is to be included in the manner described. 9.Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee ofthe insured lender, or by using Bancsery or other approved third party service.If the above requirements cannot be met, please call the Company at the number provided in this report 10.Amended Civil Code Section 2941, which becomes effective on January 1,2002, sets the fee for the processing and recordation of the reconveyance of each Deed of Trust being paid off through this transaction at $45.00. The reconveyance fee must be clearly set forth in the Beneficiary's Payoff Demand Statement ("Demand"). In addition, an assignment or authorized release ofthat fee, from the Beneficiary to the Trustee of record, must be included. An example of the required language is as follows: The Beneficiary identified above hereby assigns, releases or transfers to the Trustee ofrecord, the sum of $45.00, included herein as 'Reconveyance Fees', for the processing and recordation ofthe Reconveyance ofthe Deed of Trust securing the indebtedness covered hereby, and the escrow company or title company processing this pay-off is authorized to deduct the Reconveyance Fee from this Demand and forward said fee to the Trustee of record or the successor Trustee under the Trust Deed to be paid off in full. In the event that the reconveyance fee and the assignment, release or transfer are not included within the demand statement, then Fidelity National Title Insurance Company and its Underwritten Agent may decline to process the reconveyance and will be forced to return all documentation directly to the Beneficiary for compliance with the requirements ofthe revised statute. 11.The RESPA Rule to Simplify and Improve the Process ofObtaining Mortgages and Reduce Consumer Settlement Cost includes a provision for average charges, allowing settlement service providers to establish an average recording fee. Transactions opening after February 1,2014; the average recording charge for all residential loan transactions (including refinances) is $91.00 and the charge for all residential sale transactions with a purchase money loan is $98.00. Divide the average between the buyer and seller as per contract or local custom. The average charge is applied regardless ofthe number of documents recorded in the transaction, the number of pages in each document or the actual recording charges.If your transaction is not a residential loan or sale with a new loan, please contact your title professional for the actual recording charges. 12.Note: Part of the RESPA Rule to simplify and Improve the Process of Obtaining Mortgages and Reduce Consumer Settlement Costs requires the settlement agent to disclose the agent and underwriter split of title premiums, including endorsements as follows: Line 1107 is used to record the amount ofthe total title insurance premium, including endorsements, that is retained by the title agent. Fidelity National Title Company retains 88%ofthe total premium and endorsements. Line 1108 used to record the amount ofthe total title insurance premium, including endorsements, that is retained by the title underwriter. Fidelity National Title Insurance Company retains 12%ofthe total premium and endorsements. CLTA Preliminary Report Form —Modified (11/17/06)Page 8 C PRELIMINARY REPORT Fidelity National Title Company YOUR REFERENCE:2200 Afton Way ORDER NO.:00058166-994-VNO-SI NOTES (Continued) END OF NOTES CLTA Preliminary Report Form —Modified (11/17/06)Page 9 ! •I r 107-5309 7. .•9171 OF 2 Nzi.*1115)10 VS 4131111101.11MISIONPAMMU BOan II 1....65 64 ' 11611D0.1VICO/7G Til OnSiOut seal sacs kk8'St Kt mill WY VIM 14111.181111 0 Ilan MIMI (:)014®•®..0.0 ''.•i i SO (AA.„.g .. • • .. 51 '0 1 ®0 s, ,.‘,... )," 4'•y! •i 0 1 49 141.if ,,k-)1 -SD c- . 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