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CT 14-07; BEACHWALK AT ROOSEVELT; Tentative Map (CT)
.~~~ ~~"'/ -~ CITY OF CARLSBAD APPLICATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) D Coastal Development Permit (*) D Minor D Conditional Use Permit (*) □Minor □Extension D Day Care (Large) □ Environmental Impact Assessment D Habitat Management Permit □Minor □ Hillside Development Permit (*) □Minor D Nonconforming Construction Permit D Planned Development Permit □Minor □Residential □ Non-Residential D Planning Commission Determination D Site Development Plan □Minor □ Special Use Permit □ Tentative Parcel Map (Minor Subdivision) I ✓ I Tentative Tract Map (Major Subdivision) □ Variance □ Minor C/f 14-D1 []General Plan Amendment □Local Coastal Program Amendment (*) □Master Plan □specific Plan Ozone Change(*) Qmendment □Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits ~iewPermit --Udministrative Qinor □Major Village Review Area Permits ~iewPermit --Udministrative □Minor (*) = eligible for 25% discount l ✓IMajor /(f/4-U> NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: 203-101-02 & 203-101-05 PROJECT NAME: Beachwalk at Roosevelt BRIEF DESCRIPTION OF PROJECT: BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: ON THE: East See Attached 2,l,.%7 "' 2115 2683 and-iiie-Roosevelt SIDE OF State STREET ADDRESS ------------------------(NORTH, SOUTH, EAST, WEST) BETWEEN Grand --------=----(NAME OF STREET) P-1 AND (NAME OF STREET) Laguna (NAME OF STREET) Page 1 of6 Revised 12/13 OWNER NAME (Print): Swanson Family Trust MAILING ADDRESS: 24 Bluff View --------------:= c1TY, STATE. 21P: Zll.v o.JE, (!A. q:z.1:,03 Ta.EPHONE: 9V9) 8Sl/-t;c;8.S EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY ~'Q{JVIIID.EDGE. APPLICANT'S REPRESENTATIVE (Print): Geoff McComic APPLICANT NAME (Print): Vesta Pacific Development MAILING ADDRESS: 1818 1st Ave. Suite 100 CITY, STATE, ZIP: TELEPHONE: 619-481-3830 ext 306 EMAIL ADDRESS: .... .,,r~LEGAL REPRESENTATIVE OF THE OWNER :J9.~~E INFORMATION IS TRUE AND CORRECT TO LEDGE. //-1--/4 DATE ---------------------------MAILING ADDRESS: 1818 1st Ave. Suite 100 CITY, STATE, ZIP: San Diego (! ,A Cj 2 ;O ( TELEPHONE: 619-481-38!0 ext 306 EMAIL ADDRESS: gmccomic@vestapacificdevelopment.com IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, ~LANNING 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 RECO ON THE mLE TO PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE D Bl E RS IN INTEREST. FOR CITY USE ONLY NOV O 5 2014 DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of6 Revised 12/13 OWNER NAME (Print): MR Carlsbad 11, LLC MAILING ADDRESS: 1818 1st Ave Suite 100 CITY, STATE, ZIP: San Diego, Ca. 92101 TELEPHONE: 619 481 3830 ext 306 EMAIL ADDRESS: gmccomic@vestapacificdevelopment.com ~P"ftl-1:'!'Li~L OWNER AND THAT ALL THE ABOVE CORRECT TO THE BEST OF MY SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Geoff McComic APPLICANT NAME (Print): Vesta Pacific Development MAILING ADDRESS: 18181stAve. Suite 100 CITY, STATE, ZIP: San Diego, Ca. 92101 TELEPHONE: 619-481-3830 ext 306 EMAIL ADDRESS: gmccomic@vestapacificdevelopment.com SIGNATURE L REPRESENTATIVE OF THE OWNER FORMATION IS TRUE J"J CORR~TO GE. //-4~r DATE ----------------------------MA I LING ADDRESS: 1818 1st Ave. Suite 100 CITY, STATE, ZIP: San Diego -----------------------------------TELEPHONE: 619-481-3830 ext 306 EMAIL ADDRESS: gmccomic@vestapacificdevelopment.com AM THE LEGAL REPRESENTATIVE OF THE L E ABOVE INFORMATION IS TRUE AND 13)1ffjll~,$0F Y KNOWLEDGE. ;/-1-11 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 N NT TO ENTRY FOR THIS PURPOSE. OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING PERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY NO\/ O 5 20\4 DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page2of6 Revised 12/13 Indemnification and Insurance Re ulrement for Villa e Area Administrative Permit Certification Statement I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Car1sbad and Its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the.damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest qBest's Rating Guide" of "A-• or better and a financial size of $50-$100 (rurrently Class VII) or better which lists the City of Csrlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Car1sbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I understand that an approved administrative pennit shall remain In effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. · Signature__________________ Date: ________ _ Certification Statement: I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject property on the public sidewalk. I understand that an approved administrative permit shall remain In effect for as long as outd splays are permitted within the Village Review Area and the permittee remains in ~ce with t bje ap roved permit. Signature ..!:.~::::...!':.~~~~,c.Z,~~~~~~~~--Date: 6-2J9 -(If-: P-1 Page 3 of6 Revised 12/13 LEGAL 2715 ROOSEVELT PARCEL 1: THAT PORTION OF THE NORTHEASTERLY HALF OF LOT 27, SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING THE MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER, JULY 28, 1921, LYING NORTHWESTERLY OF THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 60 FEET OF SAID LOT. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR SEWER PIPE LINE PURPOSES OVER THE NORTHEASTERLY 3 FEET OF THE NORTHWESTERLY HALF OF LOT 27 OF SEASIDE LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER, JULY 18, 1921. LEGAL 2683/2687 ROOSEVELT The Northeast Half of Lot 26, Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921. «~~ ~ 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 "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.) ~ r. · ;A Person._________ Corp/Part v~.s➔ A P~/,c_, ~e,l.le_l()pf\e. Title. ___________ _ 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 neceysary.) Person_______ Corp/Part Af R c~rl 5b~v{ I I I Lt-0 Title __________ _ Title. _____________ _ Address _________ _ Address Sc,-v, 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 Atil person serving as an officer or director of the non- profit organizatio'1oZJ~~~~ iY. be~)/jl~of the. SWl'tU5b'IJ F /tHIL y Non Profit/Trust:z:qVST 07~'"1f:.ao -~on Profit/Trust z;ev.sr 01-17-00 TiUe boiu111-b Su1,t-,J.st1,t/-11!tJsiW,f:nt1e t!.H8J1.'II.--'SUIA-µ6()-/..) ~vs re€ Address <a<f t3L-V ff I.II e.W Address '51Cf 7!::,LuFP V/£t,A.) :::,;.tJ-111/JE, C'fi· 92ki:3 ::Z::/dtJIIU~, OA· 92~3 ' 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 ~ If yes, please indicate person(s): _________ _ NOTE: Attach additional sheets if necessary. edge. Signature of owner. ate _ 1 Cl H EJ.2... V L SW JC1-µ S ~ Signature of applicant/date fl. a / /Vl(IG.n,c '/::)o µ ltt-b £w l¾-µSb)..J IA ;1 j4CJ/:c-./Jf.velo nr~ Print or type name of owner Print or type name of applicant Print or type name of owner/applica t's agent P-1(A) Page2of2 Revised 07/10 Applicant-Vesta Pacific Devei;;pment VP Partners, LLC 1818 ist Ave. Suite 100 San Diego, Ca. 92101 Members of VP Partners. LLC Robert Geoffrey McComic 3911 Liggett Drive San Diego, Ca. 92106 James Michael Carenza 3460 Marron Rd -103, Suite 347 Oceanside, CA 92056 Thomas Christopher McComic 107 40 Oakbend Dr. San Diego, Ca, 92131 Owner-MR Carlsbad 11. LLC McCenza Holdings, LLC, a Delaware limited liability company 1818 ist Ave. San Diego, Ca. 92106 Brykrist Development, Inc., a California corporation P.O. Box 3565 Mission Viejo, CA 92690 Barlochan Investments LLC, a California limited liability company 5225 Fiore Terrace, Unit 204 San Diego, CA 92122 TRFP Limited Partnership, a California limited partnership 6 Sandy Knoll, Coto de Caza, California 92679 Individuals with direct or indirect ow_nership in McCenza: Robert Geoffrey McComic 3911 Liggett Drive San Diego, Ca. 92106 James Michael Carenza 3460 Marron Rd -103, Suite 347 Oceanside, CA 92056 Thomas Christopher McComic 10740 Oakbend Dr. San Diego, Ca, 92131 Individuals in Brykrist and TRFP Scott Redsun 6 Sandy Knoll, Coto de Caza, California 92679 Individuals in Barlochan Nathan Hambly Walker Coleman James Walker: 5225 Fiore Terrace, Apt D204, San Diego, CA., 92122. «,""' ~ CITY OF CARLSBAD PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: -------'-"B...:c....=.:;eA....;..:c:.,,_!.:.._w___:',A:.....__/ fe __ cJ_-/_~_o_(S_!.J (>_lJ_'('./_/_f ___ _ APPLICANT NAME: _ ___.._fd_~_'..(_½_'A_._j),_',,4t__.1_~...._c_ ..... LY.___v_e-'--/o_,.p""--Y'1_t_A__,_f _____ _ ✓ Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: P-1(8) Page 1 of 1 Revised 07/10 Project Description: To subdivide an 30,6990 square foot parcel located on the west side of the 2600 block of Roosevelt Street into a 16 unit townhome condominium development; To demolish the existing abandoned wood frame apartments; To develop the building site and site improvements per the site plan with precise grading and landscaping as proposed; To construct six new duplex, triplex and fourplex three story multi family structure with two car garages. Fourteen units will have 3 bedrooms and 3 baths and a two car garage. These units will range in size from 1,599 to 1,638 square feet. Two Units will be a 2 bedroom 2.5 bath units with a two car garage in 1,291 square feet. All units will have private decks or patios of at least 60 square feet. The project includes the provision of an onsite handicap guest parking space The project requires the approval of a Tentative Map and a Major Review Permit. «t4i> ~ CITY OF HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~' The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. □ 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 J/4s./o Bc,-&r-L')fvt: lop11I'~ Name: PRO ERTY OWNfR Name: t C81'fs1-;) J / li,C, ., Address: _ _._/.,._,Y/~! __ /_'f-1._A;_t ____ _ Address: /g(6 1° Av~ ~n D\!'.)111 C" q'LCPV Phone Number: /219 4%! -5'/30 Phone Number: & /1 4~ / 3 <g '3 CJ Address of Site:_Z~£_g'_l_3_~~-od~~~"'-e /_~-------------- Local Agency (City and County):_~V~-"~/~r b.~!I?~~~;.--~---__ t;1.~;J:_li\~/)~l-~+-+J ~U~tJ~h~tv._,_f.5....,.-- Assessor's book, page, and parcel number: __ Z_o---"'3_-_/_0~/_-_o_z __________ _ Specify list(s): bJ /A Regulatory Identification Number_ 1 __ ~1J-/,.... 0A _________________ _ Date of List:.=-------~~---------------,.,.....,.----------- Applicant Signature/Date Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 02/13 ,,;;.f~A'-~,.__v_r ~ CITY OF HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): □ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. 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: v~:M ~ClJ: t lkve ,~P/11t;7f Name: __________ _ I Address:_ ...... /~~'~g __ ,_~~A~v~e ____ _ Address: _________ _ Sav1 /) 1 '4C> 1 C;o If 2-1 D l Phone Number: b I q 4fl / -5 'lf 3 0 Phone Number: __________ _ Address of Site: __ 2__,_7---=./_S __ /<_0_0J_t._V_<-_,4'----------------- Local Agency (City and County): _ _,C.=--=--"-,/\....a.~.:<...rb_?-_)_.,_c_ .... __ q-'--1J/_O_y~-------- Assessor's book, page, and parcel number: ___ Z-"---_0_3=--_-_/_o_/_~_0_$ __________ _ Specify list(s}: ____________________________ _ Regulatory Identification Number: ______________________ _ 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 of2 Revised 02/13 CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) !J..sJ .. :t:1.1QldJ1.~-'~-LfiP . .rYJ;. !i &_ Plannlns 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 CalifOmia Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application I!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: _____________ _ Address: _____________ _ PROPERTY OWNER Name: ). .Swfr AJ'Sfn.J /="FtH IL'/ o/"R..osr o?-,=t-o o Address: oJ'f /3'-U F 1= YIE. c,,A..) IRv JNc., CA, q,21e,03 ' Phone Number:. ___________ _ Phone Number: qlfq) 8S'I--908 6'° > Address of Site: __________________________ _ Local Agency (City and County): _____________________ _ Assessor's book, page, and parcel number: di) 3-IO I· OS:· 00 Specify list(s): __________________________ _ Regulatory Identification Number: _____________________ _ . 7~ Appllcalll SignolureJllole ~ ~~:21>-Jt{; T~usr~e. 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 of2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): ________________________ _ General Information 1. 2. 3. 4. 5. 6. 7. 8. 9. Name of project: --~D.....:....· e=~=e_,_/2L.:w!C:....:....!C.J'-..L/....!..'k_.;:_~_L_------!~-.:::.!S_<?{l~e L.!/ / _____ _ Name of developer or project sponsor: ----=-0-~ ..... -o!..:i'--"~,:____P_2__:_e :...:t (';!e....:.1-=-c-..i..lP~\,/C!~.t..:.f~~f'1L...:....~.:....:.;J-:_f.1.:,_ I ~ J,:;t /f../-A·~ Address: VI O /fv'-------'--'--"-------'<-L------------------- City, State, Zip Code: -~~...:::::e....,Ylc..:..____,De:::....:1_e-l-q.J-+I _e--={) __ _:_t}_Z_KJ_I ______ _ Phone Number: --~f,_____,/f,__-_____.fl ___ 4_'8_1 ----'-)_S_:5O _________ _ Name of person to be contacted concerning this project: ---'-~--"---k _ _,_f/4_f_L __ o_M_1_r __ I r7J v /<..:./ A ·e Address: OJ o 1-,V -----~ ____ _,__ ________________ _ City, State, Zip Code: ___ t;'.~m~____,,De:....:.1_e:;.L..o--j}l---lt_,.-.L:__....!...q-=z_.!.1-=-o_l _____ _ Phone Number: -~5"-~_J_4_{t,,_5:_g_..5'--q'------------- Address of Project: 2 7/ 5 J Z 6 ~r 3 2 6 g7 Assessor's Parcel Number: Zo 3 -, 0 , -0 (_ ~ 0 5 -----==----"-------'---'=----=---=-.:.____::,,::...= _______ _ List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state nd federal a.91ncies: ~ + iu A ·an OLfvttl-'1 Existing General Plan Land Use Designation: ___ __._/le_t-=-/-'-'-~-,1,_1' ________ _ Existing zoning district: ---=-v_,_l_l,._qf--l--r-_g _____________ _ Existing land use(s): R er ,d~ lo I Proposed use of site (Project for which this form is filed): __ ..s..fcc~('-=.:....5!-=-tk_/\1.c.....-f.:...:I ~~( ___ _ Project Description 10. 11. Site size: C: g a-CK I ____ __.._ ___ ----=;__ ________________ _ Proposed Building square footage: -r;-l,( -fo~ b &,/rJ"'_[ 1.,-;c/uJ-;5 ?4Afs~ >~ ~ rf 12: Number of floors of construction: ------~-------------- 13. 14. P-1(0) Amount of off-street parking provided: __, __ 3=-=3~------------ Associated projects: _____ fJ----1/...,.A ________________ _ Page 2 of 4 Revised 07/10 15. 16. 17. 18. 19. P-1(0) If residential, include the number of units and schedule of unit sizes: I b tJ.rltf J ~11,+ A,_~ i&3t irl ;f:;f,5~ 11,:J d JJd c_ 1, ,,1 s. L zq If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _____________________ _ If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ Nj.~ If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: -~------- rJ\ ~ If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: -----+----------------- 1) /~ 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 ~ 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ A7 roads. 22. Change in pattern, scale or character of general area of project. □ ~ 23. Significant amounts of solid waste or litter. □ 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ ~ 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ ~ alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ ~ 27. Site on filled land or on slope of 10 percent or more. □ ~ 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ ~ flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ l( etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ ~ 31. Relationship to a larger project or series of projects. □ ~ 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 s resent the data and information required for this initial evaluation to the best of my ability, 1 """.1tr,A".1tacts, statements, and information presented are true and correct to the best of my knowle e Date: _Y~-/_1_-_/1' __ Signature: For: P-1(0) Page 4 of4 Revised 07/10 ENVIRONMENTAL SETTING 32. The site is a 30,699 square foot over two adjoining parcels. There are five single story structures onsite that contain 9 apartments. The site has a very mild undulating grade. There is limited vegetation on the site and less than lo trees. 33. The property to the north is a small single family house with a detached garage .. The property to the south is a single family house used for commercial purposes. There is a single story multi unit residential apartment building to the east across Roosevelt Street. There is a single story house used for commercial purposes across the street to the east as well. This block of Roosevelt consists of apartments and commercial offices. - «~,., ~ 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 ap~ ic · ubmittal requirements (i.e., clarification regarding a specific requirement or wWeot~~dl.,,r ...... ,,.rements are necessary for your particular application) please call (760) 602-4 0 Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 «'~ ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov ~ STEP2 TO BE COMPfETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a priority development project, please answer the following questions: YES 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 x_ development projects on public or private land. 2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial, >< industrial, residential, mixed-use, and public development projects on public or private land. 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. 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, motorcvcles, 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 comminales with flows from adiacent 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 Qr (b) a project Average Daily Traffic (ADT) of 100 or more vehicles oer dav. 1 O. ls your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction? 11. ls 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%? '.-.'.,""' NO ?( ;x::_ ~ >( - )( )(__ )C X A._ . 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 «1~ ~ C ITY O F CARLSBA D STORM WATER STANDARDS QUESTIONNAIRE E-34 STEP3 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca .gov REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPEMENT PROJECTS ONLY 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 reviousl existin develo ment? 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 "m ro·ect meets PDP re uirements" box and com lete a licant information. □ STEP4 CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUS MP. As part of these requirements, I will incorporate low impact development strategies throughout my project. Applicant Information and Signature Box Accessor's Parcel Num. ber(s): O / O ~ ZOs•·_..1 -~ Applicant Title: her~ This Box for City Use Only City Concurrence: I YES I NO I I 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 fl TICOR TITLE™ TRANSMITTAL TITLE OFFICER: Candy Church ORDER NO.: 00228308-016-CCl DATE: August 14, 2014 12:42 PM MR CARLSBAD 11, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 1818 1ST AVENUE. SUITE 100 SAN DIEGO, CALIFORNIA 92101 Your Ref: 00228308-016-LV ) _,,,, 2878 Camino Del Rio South, Suite 500 San Diego, CA 92108 Phone: (619) 260-0015 Fax: (619) 692-9465 PHONE: (619) 260-5281 EMAIL: churchteam@ticortitle.com FAX: (619) 692-9465 PROPERTY ADDRESS: 2683-2687 Roosevelt Street, City of Carlsbad, California BUYER/BORROWER: MR Carlsbad II, LLC, a California Limited Liability Company Enclosed please find your Policy of Title Insurance. Thank you -we appreciate your business! ,..._, ~ ® Chicago Tille Insurance Company POLICY NO.: CA-FASD-IMP-72067-1-14-00228308 CLTA STANDARD COVERAGE POLICY OF TITLE 1NSURANCE Issued by Chicago Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; and, in°addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Chicago Title Insurance Company Countersigned: By(/iccd.~ Authorized Signature 72067 CL TA Standard Coverage Policy -1990 H• .,_ _ _,, Order No.: 00228308-016-CCl Policy No.: CA-FASD-IMP-72067-1-14-00228308 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay Joss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any Jaw, ordinance or governmental regulation (including but not limited to building or 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 Jaws, 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. (b) Any governmental police power not excluded by (a) above, except to the extent that notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) 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 pu~lic 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 Joss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien 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 coinply with applicable doing business laws of the state in which the land is situated. • 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by.the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate 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 Jaws. 1. DEFINITION OF TERMS The following terms when used in this policy mean: ( a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributes, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. The term "insured" also includes ( i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12( c) of these Conditions and Stipulations (reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured, unless the successor acquired the indebtedness as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title-to the estate or interest in the land); (ii) any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage, or any part thereof, whether named as an insured herein or not; (iii) the parties designated in Section 2(a) of these Conditions and Stipulations. (b) "insured claimant": an insured claiming loss or damage. (c) "insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule 8, the owner of which is named as an insured in Schedule A (e) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. 72096 CL TA Standard Coverage Policy -1990 CONDITIONS AND STIPULATIONS (f) "land": the land described, or referred to in Schedule A, and improvements affixed thereto which by Jaw constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, Janes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (i) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE (a) After Acquisition of Title by Insured Lender. If this policy insures the owner of the indebtedness secured by the insured mortgage, the coverage of this policy shall continue in force as of Date of Policy in favor of (i) such insured lender who acquires all of any part of the estate or interest in the land by foreclosures, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage; (ii) a transferee of the estate or interest so acquired from an insured corporation, provided the transferee is the parent or wholly-owned subsidiary of the insured corporation, and their corporate successors by operation of Jaw and not by purchase, subject to any rights or defenses the Company may have against any predecessor insureds; and (iii) any governmental agency or governmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. (b) After Conveyance of Title by an Insured. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so Jong as the insured shall have liability by reason of covenants or warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from an insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to an insured. (c) Amount of Insurance. The amount of insurance after the acquisition or after the conveyance by an insured lender shall in neither event exceed the least of: (i)-the amount of insurance stated in Schedule A; (ii) the amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of all payments made; or (iii) the amount paid by any governmental agency or governmental instrumentality, if the agency or instrumentality is the insured claimant, in the acquisition of the estate or interest in satisfaction of its insurance contract or guaranty. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT An insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause Joss or damage for which the Company may be liable by Order No.: 00228308-016-CCl virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to that insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however~ that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE ( a) Upon written request by an insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of such insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of such insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to an insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently, (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. ( d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, an insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for this purpose. Whenever requested by the Company, an insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest m the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been 72096 CL TA Standard Coverage Policy -1990 ) Pol~o.: CA-FASD-IMP-72067-1-14-00228308 provided the Company, a proof ofloss or damage signed and sworn to by each insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proofofloss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof ofloss or damage. In addition, an insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of an insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that insured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount oflnsurance or to Purchase the Indebtedness. (i) to pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or (ii) in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebtedness secured by the insured mortgage for the amount owing thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebtedness and the insured mortgage, together with any collateral security, to the Company upon payment therefore. Upon the exercise by the Company of the option provided for in paragraph a(i), all liability and obligations to the insured under this policy, other than to make the payment required in that paragraph, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. Upon the exercise by the Company of the option provided for in paragraph a(ii) the Company's obligation to an insured Lender under this policy for the claimed loss or damage, other than the payment required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant ( i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or b(ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2( c) of these Conditions and Stipulations; (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the insured lender has acquired the estate or interest in the manner described in Section 2( a) of these Conditions and Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. (c) The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of: (i) the Amount of the Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. ( d) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. Order No.: 00228308-016-CCl 8. LIMITATION OF LIABILITY ( a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals there from, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a c-,ourt of competent jurisdiction, and disposition of all appeals there from, adverse to the title, or, if applicable, to the lien of the insured mortgage, as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. ( d) The Company shall not be liable to an insured lender for: (i) any indebtedness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or (ii) construction loan advances made subsequent to Date of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY (a) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of insurance pro tanto. However, as to an insured lender, any payments made prior to the acquisition of title to the estate or interest as provided in Section 2(a) of these Conditions and Stipulations shall not reduce pro tanto the amount of insurance afforded under this policy as to any such insured, except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tanto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured thereby, with interest thereon, provided in no event shall the amount of insurance be greater than the Amount oflnsurance stated in Schedule A (c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured lender except as provided in Section 2( a) of these Conditions and Stipulations. 10. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount 72096 CL TA Standard Coverage Policy -1990 _,,, Policy No.: CA-FASD-IMP-72067-1-14-00228308 so paid shall be deemed a payment under this policy to the insured owner. The provisions of this Section shall not apply to an insured lender, unless such insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage. 11. PAYMENTOFLOSS (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 12. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated (i) as to an insured owner, to all rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss; and (ii) as to an insured lender, to all rights and remedies of the insured claimant after the insured claimant shall have recovered its principal, interest, and costs of collection. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Insured' s Rights and Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected, may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (c) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non- insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. The Company's right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section l(a)(ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond and the obligor will not bean insured under this policy, notwithstanding Section l(a)(i) of these Conditions and Stipulations. 13. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out ofor relating to this policy, any service of the Company in connection with its issuance or the b1 each of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $ I ,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effi:ct at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the ll!Ws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator( s) may be entered in any court havingjurisdiction thereof The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim ofloss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing ~ndorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, and Assistant Secretary, or validating otµcer or authorized signatory of the Company. 15. SEVERABILITY In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16. NOTICES, WHERE SENT . All notices required 'to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at: Chicago Title Insurance Company P.O. Box 45023 Jacksonville, FL 32232-5023 Attn: Claims Department . Order No.: 00228308-016-CCl C Policy .Q CA-FASD-IMP-72067-1-14-00228308 . • SCHEDULE A Order No.: 00228308-016-CCl Amount oflnsurance: $2,050,000.00 Policy No.: CA-FASD-IMP-72067-1-14-00228308 Premium: $3,681.00 Date of Policy: August 7, 2014 at 08:00 A.M. I. Name oflnsured: MR Carlsbad 11, LLC, a California Limited Liability Company 2. The estate or interest in the land which is covered by this policy is: A Fee 3.. Title to the estate or interest in the land is vested in: MR Carlsbad 11, LLC, a California Limited Liability Company 4. The land referred to in this policy is described as follows: See Exhibit A attached hereto and made a part hereof. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED 72067 CL TA Standard Coverage Policy -1990 Page 1 OrderNo.: 00228308-016-CCl Policy N~~~ CA-FASD-IMP-72067-1-14-00228308 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: The Northeast Half of Lot 26, Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921. APN: 203-101-02-00 72067 CL TA Standard Coverage Policy -1990 Page 2 Order No.: 00228308-016-CCl ' . " Policy;;; CA-FASD-IMP-72067-1-14-00228308 SCHEDULED 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: PART I l. Taxes or assessme,nts which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not 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, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or 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. 72067 c::.., TA Standard Coverage Policy -1990 Page 3 -Order No.: 00228308-016-CCl Policy No.: CA-FASD-IMP-72067-1-14-00228308 SCHEDULED PART II 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2014-2015. 2. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. 3. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3 .5 or Part 2, Chapter 3, Articles 3 and 4 respectively ( commencing with Section 7 5) 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. Water rights, claims or title to water, whether or not disclosed by the public records. 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document: Granted To: Purpose: Recording Date: Recording No: Affects: Howard W. Hill, et ux Water and Gas Pipes May 18, 1950 Book 3625, Page 289, of Official Records said land more particularly described therein 6. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No.: Affordable Housing Agreement May 22, 2006 City of Carlsbad June 6, 2006 2006-0399371, of Official Records Reference is hereby made to said document for full particulars 7. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor: Trustee: $1,640,000.00 August 07, 2014 MR Carlsbad 11 LLC, a California limited liability company Ticor Title Company of California Lender: Muskoka Capital Corp., a British Columbia corporation, as to an undivided fifty percent (50%) interest, and Brykrist Development, Inc. defined benefit plan, as to an undivided fifty percent (50%) interest Loan No.: MR CARLSBAD 11, LLC Recording Date: August 7, 2014 Recording No.: 2014-0337734, of Official Records END OF SCHEDULE B 72067 CL TA Standard Coverage Policy -1990 Page 4 -.J N 0 °' -.J 0 r ;;;! ( a 0 ~ <> ;J <> i ~- I -'-0 '-0 0 "'Cl ~ <> Vl --i ✓( @ 203.io ~ [ · SHT.1Cf3 00' ~I / 11 ARBUCKLE PL=+ L -::r I ~ . " i 0 / " I -hlld!~S6N'' A$' IIH ·-·-----····-·-:· ST. !::. ?"'~ ;(~ .... /: ! •• ti ' a. / 1.,· ,>Ho . :-:,1 ST OP~ -~. 7 .. ·c, .. --, C" • ~-~ • M,1 I ,,-,,." -·~ CD / S,, • 7 ~ Cllrri / /. CD'..JW a.,wo -uz Q !l,_~i I ® ~ !_:~-~~~ !J? ~o i ~,• ~ri;( r /3~: cp_Q / ./ f-in \;:::J, ~ gje> 1 .. r~ 5 i 01e,a,c1 CD W-/ ·•• "0 Cl) / C: (/,) / ] ~ BUENA VISTA/ ~ jir: ® CIR / Qi ~ " 20 155 i / ,:;; '.' ~CllZ 22 ,' 45 t; '« ,(Q . / . 1-,CI) I Cl &= ~-,../$.fl 'a " w §-~J: ~ 'L' ~C"~ , ' <'::: u. A.'/i. \' --o ~. r~ > i ()~i....-.l':,: __ .:_2_J ~: ~g ¾-;. T .. ~~ ~:r: '"◊~, 1 ROOSEVELT C 01-,,~---·· 2' 1 ' -~~; -~~ @ O.SBAC ~d ~ ~ s ~~ ; ~~LN- ;?·{. 4~ ~ I .. ., ~ •• l @= : t IOilll"J!/ ® O&ZAC 41 42 q@@ Ii! ~ QS7AC ~ ~ \ - . ·; Y,T~T CP~~l l ,,..,,, ~~w· a,~ ~ ~~ •I~ ~ ~11 .. PAA1 ... ~l~@"f. I' 1~ ® v1i,:;,LJ1li , u.,, ~-· ; I:;:,, !!840 t.\ ~ o.11 v' \V M!'mc ~ ~ !II.~ : @ ::: 3 u,;; ~--1. ~ ,.,,r .,_.,s..,,. ·••· • 9: ~ <( $ I -s-o•?-· . •,i ~ -W> / ~\ 0 !l i=[ / .;. ~ -:iii , I '1.1,s 0.~0:Q I ~ :j'CD Oo I i. II> II> U. I i• ::, o cl-/ ~• mg~~/ ,1~ . ~ ::t 1 li: "'gi> 9.' a<~ @ " r @ ;: 1 IOAC • I ~ .s-,. CONDO ZI ~I® l~ 8 CA~~S9/l,O !!l.' / l.~GUNA PO!flT ~ I 1'RAl~ER PLAZA II> '\./ DOC O!>-!i3i!O(i:l -----1111 'v I IS£~ SH T. l) ; / (SEt.Slff 3) ~ 0.9HC 01, t, ~ ~~ ~! ff,;,r. ~ .. ~ ~ ~Jlf::, ,.. POR 1 !ll c,~" ~~20, i J '5,,., l i " 3 II) "' ::, ~ tt-.i¥-: STATE ~ ~n. l ~. r Sl ,, ~ • ., ~ ~, ._, ~I &f,H • ·" ~: ' ~,,, ,1.11 ~ -$Cl ,} @ 1' COl'IOO !PENO\ t.t•DISON SOUAA!: TC"'1'lHOMES OOC2006-00!456 2'CONOO ROOSE\IELT GAAOEN OOC10-:csm3 {SEE SHT3) "' :; ;:;: 7 ~ \!V @ MAP 15635-CARLSBAD TCT NO 06 -18 ROOSEVELT GARDENS CONDOMINIUMS MAP 14797 -CARLSBAD TCT NO 01-13 0~ [,e SAM DIEGO coum USESSOR'i MA, 9l 203 ,a 10 ~I-IT.1Qf3 MAP 1722 • SEASIDE LANDS ROS 2816,17188,18145,19159, 18947 0 a <> .., z ~ s N e:l Q QC b -9' ~ ~ - () "'Cl 2. ~-u ~ > ~ r,:, 0 I ~ ~ ~ ~ -I -""' § N e:l ~ First American Title 1. Commercial Commitment-N-Update Form No. 1068-2 AL TA Plain Language Commitment Commitment No.: NCS-643481-SAl Page Number: 1 August 18, 2014 Update First American Title Company National Commercial Services 18500 Von Karman Ave, Suite 600 August 18, 2014 Dawn Niehaus Mariners Escrow Corporation 270 Newport Center Drive Suite 200 Newport Beach , CA 92660 Phone: (949)721-6490 Fax: (949)721-2303 Irvine, CA 92612 Customer Reference: 2715 Roosevelt Street, Carlsbad, CA Title Officer: Ruben Mares Title Assistant: Candyce Albright Phone: (949)885-2445 Phone: (949)885-2443 Email: rumares@firstam.com Email: calbright@firstam.com Title Officers: Robert Loera Ruben Mares Phone: 714-250-8352 949-885-2445 Email: rloera@firstam.com rumares@firstam.com Title Assistants: Candyce Albright Peachie Felarca Phone: 714-250-8350 714-250-8354 Email: calbright@firstam.com pfelarca@firstam.com Order Number: NCS-643481-SAl First American Title Insurance Company First American Title ------~------""-----· ~, First American Title _ ...,J Form No. 1068-2 ALTA Plain Language Commitment Property: 2715 Roosevelt Street, carlsbad, CA Attached please find the following item(s): Commitment Commitment No.: NCS-643481-SAl Page Number: 2 Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First! First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment - Commitment No.: NCS-643481-SAl Page Number: 3 First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. This information is not part of the title insurance commitment. TABLE OF CONTENTS Agreement to Issue Policy Schedule A 1. 2. 3. 4. Commitment Date Policies to be Issued, Amounts and Proposed Insured Interest in the Land and Owner Description of the Land Schedule B-1 -Requirements Schedule B-2 -Exceptions Conditions First American Title YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. Page 3 4 4 4 4 Fiest American Title C Form No. 1068-2 ALTA Plain Language Commitment commitment No.: NCS-643481-SAl Page Number: 4 COMMITMENT FOR TITLE INSURANCE Issued by First American Title Insurance Company Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B. First American Title First American Title - Form No. 1068-2 Commitment No.: NCS-643481-SAl Page Number: 5 ALTA Plain Language Commitment SCHEDULE A 1. Commitment Date: August 13, 2014 at 7:30 A.M. 2. Policy or Policies to be issued: Amount (A) AL TA Standard Owner Policy -2006 $790,000.00 Proposed Insured: Vista Pacific Development (B) To Be Determined $To Be Determined Proposed Insured: To Be Determined 3. (A) The estate or interest in the land described in this Commitment is: FEE AS TO PARCEL 1; AN EASEMENT AS TO PARCEL 2 @l_Iitle to said estate or-iflter-estatthe date hereof is vested in: ,,,,__.---. -----._ ,r -~ \________QQNALD R. SWANSON AND CHERYL A. SW~, TRUSTEES, OR SUCCESSOR TRUSTEE(S) OF THESW'ANSON··FAMI-IXTRUST DATErYJ(iLY 17, 2000 ' 4. The land referred to in this Commitment is situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: PARCEL 1: THAT PORTION OF THE NORTHEASTERLY HALF OF LOT 27, SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING THE MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER, JULY 28, 1921, LYING NORTHWESTERLY OF THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 60 FEET OF SAID LOT. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR SEWER PIPE LINE PURPOSES OVER THE NORTHEASTERLY 3 FEET OF THE NORTHWESTERLY HALF OF LOT 27 OF SEASIDE LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOE..NQ. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER, JULY 18, 1921. -::: 203-10~~~~:~-----~ . ...-w..- First American Title First American Title C Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-643481-SAl Page Number: 6 SCHEDULE B SECTION ONE REQUIREMENTS The following requirements must be met: (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): None (F) Other: None (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: With respect to the trust referred to in the vesting: a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. The following additional requirements, as indicated by "X", must be met: [X] (H) Provide information regarding any off-record matters, which may include, but are not limited to: leases, recent works of improvement, or commitment statements in effect under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq. The Company's Owner's Affidavit form (as provided by company) must be completed and submitted prior to close in order to satisfy this requirement. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. [] (I) An ALTA/ACSM survey of recent date, which complies with the current minimum standard First American Title detail requirements for ALTA/ACSM land title surveys, must be submitted to the Company for review. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. First American Title - Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-643481-SAl Page Number: 7 [] (J) The following LLC documentation is required: (i) a copy of the Articles of Organization (ii) a copy of the Operating Agreement, if applicable (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Company Consent to the current transaction [] (K) The following partnership documentation is required : (i) a copy of the partnership agreement, including all applicable amendments thereto (ii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iii) express Partnership Consent to the current transaction [] (L) The following corporation documentation is required: (i) a copy of the Articles of Incorporation (ii) a copy of the Bylaws, including all applicable Amendments thereto (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Corporate Resolution consenting to the current transaction [] (M) Based upon the Company's review of that certain partnership/operating agreement dated Not disclosed for the proposed insured herein, the following requirements must be met: Any further amendments to said agreement must be submitted to the Company, together with an affidavit from one of the general partners or members stating that it is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement. This Commitment will then be subject to such further requirements as may be deemed necessary. [] (N) A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any amendments and/or assignments thereto, must be submitted to the Company for review, along with an affidavit executed by the present lessee stating that it is a true copy, that the lease is in full force and effect, and that there have been no further amendments to the lease. This Commitment will then be subject to such further requirements as may be deemed necessary. [X] (0) Approval from the Company's Underwriting Department must be obtained for issuance of the policy contemplated herein and any endorsements requested thereunder. This Commitment will then be subject to such further requirements as may be required to obtain such approval. [] (P) Potential additional requirements, if ALTA Extended coverage is contemplated hereurider, and work on the land has commenced prior to close, some or all of the following requirements, and any other requirements which may be deemed necessary, may need to be met: [] (Q) The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company employee, based upon information furnished by the appropriate parties involved. · [] (R) The Company's "Indemnity Agreement I" must be executed by the appropriate parties. [] (S) Financial statements from the appropriate parties must be submitted to the Company for review. [] (T) A copy of the construction contract must be submitted to the Company for review. First American Title First American Title C Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-643481-SAl Page Number: 8 [] (U) An inspection of the land must be performed by the Company for verification of the phase of construction. First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment SCHEDULE B SECTION TWO EXCEPTIONS - Commitment No.: NCS-643481-SAl • Page Number: 9 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. la. General and special taxes and assessments for the fiscal year 2014-2015, a lien not yet due or payable. 1. This item has been intentionally deleted. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First American Title First American Title C Form No. 1068-2 ALTA Plain Language Commitment INFORMATIONAL NOTES Commitment No.: NCS-643481-SAl Page Number: 10 NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the Public Records on or after February 8, 2011, encumbers the Title except as follows: None 1. Taxes for proration purposes only for the fiscal year 2013-2014. First Installment: $1,164.29, PAID Second Installment: $1,164.29, PAID Tax Rate Area: 09098 APN: 203-101-05-00 2. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) SINGLE FAMILY RESIDENCE known as 2715 Roosevelt Street, carlsbad, california. 3. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 4. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer. ***** First American Title First American Title --------------------------------~·-"---------------- Form No. 1068-2 ALTA Plain Language Commitment CONDITIONS 1. DEFINITIONS Commitment No.: NCS-643481-SAl Page Number: 11 (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B -Section Two may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B -Section One are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Section One or eliminate with our written consent any Exceptions shown in Schedule B -Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. First American Title _F_ir_s_t_A_m_e_r_ic_a_n_T_itl_e ____ c.., ~--------------~0-~------------- Form No. 1068-2 ALTA Plain Language Commitment ~ I First American Title Privacy Information We Are committed to safeguarding Customer Information Commitment No.: NCS-643481-SAl Page Number: 12 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have :iciopted this Privacy Policy to govern the use and handling of your personal information. Appllcablllty This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Infonnation Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purJ)OSe:$ and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any intemal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies indude financial service providers, such as tltte insurers, property and casualty insurers, and trust and investment advisory companies, or companies invofved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we colJe::t, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial instiMions with whom we or our affiliated companies have joint marketing agreements. Former customers Even If you are no longer our customer, our Privacy Policy will continue to apply to you. COnftdentlallty and security We will use our best efforts to ensure that no unauthorize::I parties have access to any of your information. We restrict access to nonpublic personal information about you to those Individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibty and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, etectronic, and procedural safeguards that comply with federal regulations to guard your nonpublic pe,50nal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is Important you know how we treat the information about you we re:eive on the Internet. In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we by to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. ~ uses stored cookies. The goal of this technology is to better serve you when vtSiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We beheve we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to colJect and use information in a responsible manner. security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form SO-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) Fil'St American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-643481-SAl Page Number: 13 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS {BY POLICY TYPE) 1, CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULE B 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: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessmE;nts on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice 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, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building 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 alleged violation affecting the land has been recorded in the public records at Date of 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. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be. binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of 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. 4. 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 applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their 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. 2. AMERICAN LAND TITLE ASSOClATION OWNER'S POLICY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; ( 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 policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B First American Title First American Title C Form No. 1068-2 Commitment No.: NCS-643481-SAl Page Number: 14 ALTA Plain Language Commitment This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. 2. 3. 4. 5. 6. 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. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. · Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY -1970 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for 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). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. 2. 3. 4. 5. 6. 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. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY -1992 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 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 alleged violation affecting the land has been recorded in the public records at Date of 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. Fil'St American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-643481-SAl Page Number: 15 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of 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 (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 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. 4. 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. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidencecj by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien tor 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. 7. 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' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATlON LOAN POUCY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY -1992 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 alleged violation affecting the land has been recorded in the public records at Date of 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. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, qut 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 First American Title First American Title C Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-643481-SAl Page Number: 16 (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this 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 judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WI1lt REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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: Part One: I. 2. 3. 4. 5. 6. 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. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. ALTA RESIDENTIAL TITLE INSURANCE POLICY (6·1·87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land ( c) and division ( d) 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) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records ( c) that result in no loss to you ( d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE • 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE • 1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment EXCLUSIONS Commitment No.: NCS-643481-SAl Page Number: 17 In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. 2. 3. 4. 5. 6. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building c. land use e. land division b. zoning d. improvements on the land 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. 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. The right to take the Land by condemning it, unless: a. 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. 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. Failure to pay value for Your Title. 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 18. 12. THIRD GENERATION EAGLE LOAN POUCY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (1/01/08) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment 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 l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), lil(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 which 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 ll(b) or 25. 8. The failure of the residential structure, or any portion of it, 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. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY -2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to First American Title First American Title C Form No. 1068-2 ALTA Plain Language commitment (i) the occupancy, use, or enjoyment of the Land; commitment No.: NCS-643481-SAl Page Number: 18 (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 governme~tal regulations. This Exclusion l(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; ( ci 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. 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. 6. 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. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). 14. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY · 2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (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 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. 15. AMERICAN LAND TIRE ASSOCIATION OWNER'S POLICY -2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment 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 l(a) does not modify or limit the coverage provided under Covered Risk 5. First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-643481-SAl Page Number: 19 (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 Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 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. 16. AMERICAN LAND TinE ASSOCIATION OWNER'S POUCY • 2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (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 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. First American Title ·-----------... -• ...... "----·-------~-----~-~-~ First American Title C 0 2. SP-Vesting Deed 01~2000-482669 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO DOC# 2000-0482669 Name DONALD R. SWANSON Sep OB,. 2000 8:59 AM CHERYL A. SWANSON Address 24 BluffView 214 9 IJ'FICUi REIDOO City ltvine SAN DIEm CWffY RE!mER'S OFFICE State California 92612 GIIID't J. SIIITH, llllMY Rfm<IIR ~~ \l'j{L s,ll~~!!~~~E~l'R~us:~ n.~ Grant Deed (Excluded from Reappraisal under Proposition 13, i.e., Calif. Const. Art 13A § I et.seq.) The undersigned Grantors declare under penalty of perjury that the following is true and correct: THERE IS NO CONSIDERATION FOR TIDS TRANSFER. There is no Documentary transfer tax due. This Is a Trust Transfer under§ 62(d) of the Revenue and Ta:1ation Code: Transfer to a revocable trust. GRANTORS: DONALD R. SWANSON and CHERYL ANNE. SWANSON, husband and wif9 as joint tenants, hereby grant lo DONALD R. SWANSON and CHERYL A. SWANSON, trustees, or successor trirstee(s) of the SWANSON FAMILY TRUST DATED JULY 17, 2000, the following described real property in the City of Carlsbad, County of San Diego. State of California: PARCELi: That portion of the Northeasterly Half of Lot 27, SEASIDE LANDS, in the City of Carlsbad, County of San Diego, State ofCallfomia, according the Map thereof No. 1721, liled in the Office of the County Recorder, Jnly 28, 1921, lying Northwesterly of the Northwesterly liue ofthe Southeasterly 60 feet ofsaid Lot. PARCEL 2: An easement and right of way for ingress and egress for sewer pipe line purposes over the Northeasterly J feet of the Northwesterly Half of Lot 27 of SEASIDE LANDS, in the County of San Diego, State of California, according to Map thereofNo.1722, filed in the Office oftbe County Recorder, July 18, 1921. Assessor Parcel Number: 203-101-05 Property Address or Location: 2715 Roosevelt Street, Carlsbad, CA 92008-1616 NOTWITHSTANDING THE PRIOR JOINT TENANCY TITLE OF RECORD. THEGRANTORS AGREE THAT THE REAL PROPERTY CONVEYED HEREIN IS THEIR COMMUNITY PROPERTY AND SHALL HENCEFORTH RETAIN ITS COMMUNITY PROPERTY CHARACTER. Dated -----=-Jl'_,.,__/_,_lf_-~Z:::.:0::....:0e:::...0=-- First American Title First American Title ... - State of California ~ounty of Orange ) ) ) 2150 On f}t1..¥u .l f IV • 2000 before me, TERRI L. CROWTHER, the Notary Public, persopally appeared DONALD R. SWANSON and CHERYL A. SWANSON personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on rhe in9trument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature~ L?&wcw (Seal) Mail future tax statements to DONALD R. SWANSON and CHERYL A. SWANSON, 24 Bluff View, Irvine, California 92612 -~-. First American Title First American Title C 3. SP-Legal Description 01_ 1722 MAP or First American Ti.tie t~-~t::r .. ; ... 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I '·,., ;:-l , • l I . .,..._"· ·' ~ i; '· / ~ • .., ______ : ~ ~. 4 ',.~ ~ ---·-'··-AVE:i..·-''-:1 :/i.-·,; ... : >:: 3 6 '. ,i 5 TOWN:.o/''f CAl?L58.4C f j i I l --~~:-~.~----e------~) / : ii :: /'J :•Yf p~ 53/i> : : --······· :!:j' ~----------·····j: ~., --··-At'£.--··-... ~ IZ I : : : '}6 " " ,, " ,, / , i I '· -t:lltl/P,,,..,,,.,,.,,,li, •.• __,.!#tu • »..,,,.,,,...~~ ... ::..--=-~~~:::. ---- "T~AC'T II? CARL$3,'.D UtJD5 MAPS IS6J 3NC£TNt:I OFZtlHECT#. / . "' ··-~•-'-•~·-·~,------------~ ------- First American Title C 4. CUSTOMER MAP First American Title J~cf(lf/l'Wra.~ lss tnlr.:;ttfSCll~,.,,_.,,:,,.11J f/nlfn:1 I!'' .JJO! /11 • .,., A.D~l~m~..-~&.--"{ o . .r.~--=~b:.r:,nr~!:rs=,:: ~tlffN,·. ,....,iJ.,,/ :ltt!f<ttr,~ · .. ~lHt4/!IH~ndl#ITH11 r--••:r~ ~,:,-: ,. • ._,,,,,,,,, k,,,,_,, ,..,. ,.., llw ,.c, .. .,.,,;,.,.,,..,t',6MUr1~ ~~1nslrll,-:r.! w.M-,•e,ttt~"l..•·-':r:.:;;:4::~~:f:.;.~~~:::~;;t/;::,= ~~:.":-':;~!~';f:~f! "n c:,,,, ff, .. ..,, I.:.~ ,~i .. "'f ;..~;,/,: ~d 6,t~iw.-1,,irs,i,&:r~~,!dr.-!.".z'•.~-~t: MAP Or SEASIDE LANDS t:;~~:.:~T}u• t:.-.;111,/:::::,::~::=~~===-j.;~:,::::4:~ ~~~,_t,.__,.,_,.;., •. ..,,,,,,.6,;!IM".:r.1!:,f,,,.,..{i,,,_'fr,r_~r:«f~Yi~:«~•,,r;,, l/ltJ! .... Hu!'itd HI, #"1':r .~"f-~U _,,,,,,_.., /#OW trrP .. ~ ~,-,."!':"/ ,.,_,,, tt!rdtJff/M'dr,.·,~:¢1 .-.Tdllt':_·~ ;.-,r.,,,,,,S1t:fttol&/!.r!rnrlt,*~./{lrJ;,.:: ·: :1::,ur.~.•~.:.:-!r l, .. •,,,, +,. ~-~1.~~:G;J.;fu,l,t£;;;i;.~.tl~s~ ·,:,ta:.~.;;.; ~NE&T ,,_2 or2SIIE£T5 •--.------------------,-,-------------------~ First American Title IZ First American Title / / I - -~.,,,,_..,,11,r,:r~11 . .,,,,.• ..,.,.,,,_.,~__. ... ~~~~,:::::,:;_,, ---... TRACT /l7 CARL$3,:0 U.:ID5 M.APS 1&61 ME£TNt:J OJ:Z!JHECT#.. / "Tl ~-..... )> 3 CD -, c'5" Q) ::::, -, ;:::;: CD 09 ~ ~ . l:Q' I ~ cncncn ---'W j!:wu oz ;!~~ ~a.a _Jg, 0::: 05° Z(l)C!J ~m~ is~s (/). mfo l(O ~~~ Q.~-!z;§:a: WUJO ill~~ WU. "'O,;;! ~>-U 5~g ... ~zl au,._ ~~;: Q. W ► Wz....o 2;:1-~ "'"'o if2u ~fil~I ::i;::li "'~>-:clll~ ,._< I ~ ~ / '//_ OP(, M,to~~! "·ro ~ ~ I I /03-iO ~.M, ~i~~~I~;;;;;;~:;=.;;:~~~~=---~A~R~B~u~c~K:L_:E~P~L~-== --1 LHT. 1 Of" 3 r~ g .. -------, s T. -,,, ..... ~ , -·-m . ;! . ... 5'~ ~~ " -l 0 .... ., ~ I NMTn.,,,,"'64" 0 -_J :I! ,. 1-~ 43 1 ·e I" @H @ ® . ; 45 I 0.56AC ~ 2 ® ' ~ /2,! """ ;; - Nf ~~@ ~ ~ ./'Iv ® @ 1.10AC 21 ~@ 2 23 @I 24 ~ @ 0.93~ ;1 ~ STATE -: 1"1' @ SU DIEGO COUNTY ASSESSOR'S MA, H 203 PG 10 SHT. I OF 3 .. ~ 42 ST. .. ~ :. s\, ,,.a, ·1· 0 • .. el l ~ -,---- ~ ~ ll • 40, S ~ 1~ PAR1 _; ~l.9 ~\'.V~1~ © 10 ,. ~; ®1 ® .5'4,'11 $,f,# i €) ·S 109.40 © ~ @ ~I~ r,.,..,4n,~,..,, 10Q . .f0 i--- ~ ~,.,,s ., ,; ~ .. ·~• ~ 64,.J:J , ... , . .,.,cs-... <> @ 1* CONDO (PEND) MADISON SQUARE TOWNHOMES DOC2008-0463456 2°CONOO ROOSEVELT GARDEN DOC10-293333 (SEESHT3) MAP 15635-CARLSBAD TCT NO 06-18 ROOSEVELT GARDENS CONDOMINIUMS MAP 14797 -CARLSBAD TCT NO 01-13 MAP 1.722 -SEASIDE LANDS ROS 2816,17188,18145,19159, 18947 "Tl ~-..... 0 10 "Tl [ )> 3 (1) -, ~r :::, -I ;:::;: (1) ,-.... , ' ~ ~ 01 ', \ \ "'~ \ -~ e ~ :;A", lllrGh I OIJ',' AS~E\'iOR', filAI' ll•1rJ1120) 11A{;t 10 &Ill. 2 'l,li,I I 11•1 1 .~:'i'-'f •,• r ,lq11• \ \ .,,, \ \ "'t \,\ \ ~Q cai ~t, x,.. "'<' \ )PACE I TO 22 2A IIA. 12 A AOIICEL NUl.tBEA 712-031-00•0I TO 2l 112 °031°00-U 772-031-00•1:A nz -0,!I -oo.a, ,CARLSBAD TRAILER PLAZA MAPPED FOR ..10B!LE HOME ASSES!:.MENT ONLY .203-10 SHt 2 EB -C rlA BLK OLD - I I : I : j NO r4cALE ,./. I'.. .. -.. ~r..1 -s NEW YR CUT I I I ' I I I ' : I : ·- (Tl t-,_ :::: ~ ' ... ~ l"f~: '-?.:. I , • "Tl ,1 ~--)> I~ -, cs-D> :::, -I ;:::;: I C1> I { ( ::!! -, CJ) -09 )> 3 l;l CD I ROOSEVELT GARDEN -, DOC 10 -293333 o· ! LOT 1 -MAP 15635 Q) :::::, ASSESSMENT PAR NO -I !! 203-102-33 SUB ID [ID)-[Ii] ;:::;.: I CD ~ i ~ ~ i ;i i i I :s .!!i ~\ ~'&,~$ ~Q~v ~ I!, !;! e ~ It! i ., I= i =i !i! ~ I i It! I a ii 21 LAGUNA POINT DOC 05 -538003 LOT 1 -MAP 14797 CONDOMINIUM ASSESSMENT PAR NO 203-101-37 SUB ID [Qi]-~ LAGUNA DR SM DEllO ~TY ASSEsstll'S II.II' t 203-10 SHT 3 ,.. = 80' 8/17/10 MGS -~,.. ...... L 'Pa~ b&\ u1,.,.~~ <,.,. _J "Tl ~--)> 3 CD -, fi'f :::::, -I ;:::;.: CD 0 0 "