HomeMy WebLinkAboutCT 15-05; QUARRY CREEK PA R-3; Tentative Map (CT)It of LAND USE REVIEW Development Services
Planning Division
Carlsbad APPLICATION 1635 Faraday Avenue
P-1 (760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR:(CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY)
El Coastal Development Permit (*)0 Minor 0 General Plan Amendment
E]Conditional Use Permit (*)ID Local Coastal Program Amendment (*)0 Minor Ci Extension
Day Care (Large)111 Master Plan Amendment
El Environmental Impact Assessment Specific Plan Amendment
[11 Habitat Management Permit 0 Minor Zone Change (*)
Hillside Development Permit (*)Ej Minor EI Zone Code Amendment
Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits
EI Planned Development Permit 0 Minor 0 Review Permit
0 Residential 0 Non-Residential 171)1341 5 I Administrative 0 Minor 0 Major
O Planning Commission Determination
Site Development Plan 0 Minor Village Review Area Permits
[11 Special Use Permit Review Permit
0 Administrative Ej Minor 0 Major
El Tentative Parcel Map (Minor Subdivision)
•Tentative Tract Map (Major Subdivision)a c)
0 Variance Minor (*) =eligible for 25%discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).:167-040-21, 167-040-11
PROJECT NAME:Quarry Creek -Planning Area R-3
BRIEF DESCRIPTION OF PROJECT:88 Unit Multi-family, 2-story townhome /rowhome condominium development
BRIEF LEGAL DESCRIPTION:Lot 3 of Carlsbad Tract CT.11-04, Map No.,within the City of Carlsbad, County of San Diego, State of California
LOCATION OF PROJECT:Marron Road
STREET ADDRESS
ON THE:North SIDE OF Marron Road, west of its current terminus
(NORTH, SOUTH, EAST, WEST)(NAME OF STREET)
BETWEEN N/A AND N/A
(NAME OF STREET)(NAME OF STREET)
P°16
P-1 Page 1 of 6 Revised 12/13
OWNER NAME
(Print):Presidio Cornerstone QC, LLC APPLICANT NAME (Print):Cornerstone Communities
MAILING ADDRESS:4365 Executive Drive, Suite 600 MAILING ADDRESS: 4365 Executive Drive, Suite 600
CITY,STATE ZIP.San Diego, CA 92121 CITY, STATE, ZIP:San Diego, CA 92121
TELEPHONE 858-458-9700 TELEPHONE:858-458-9700
EMAIL ADDRESS:urk@c3.bz EMAIL ADDRESS:jrobson@comerstonecommunities.com
I CER IFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERT!THA THE LEGAL REPRESENTATIVE OF THE OWNER
INFO TI S TRUE AND CORRECT TO THE BEST OF MY AND TH AL OVE INFORMATION IS TRUE AND CORRECT TO
KNO LE THE BE T OF MY LEDGE.
SIGNA DATl SIGNATU DATE
APPLICANT'S REPRESENTATIVE (Print):Jack Robson
MAILING ADDRESS:4365 Executive Drive, Suite 600
CITY, STATE, ZIP:San Diego, CA 92121
TELEPHONE:858-458-9700
EMAIL ADDRESS:jrobson@cornerstonecommunities.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRE T T THE F MY KNOWLEDGE.
5A'15
SIGNAT E 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.liVVE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF R -.'RICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED 0 THE TI ,.i..TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH
THE LAND AN a BIND 'CCESSORS IN INTEREST.
1 -
PROS .:.•WNER SIGNATURE
FOR CITY USE ONLY
MAY 2 1 2015
CIT\...i_z_.:.0
FLA............__.;.
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
(--7 LiithwCRIAA^)
P-1 Page 2 of 6 Revised 12/13
*lIffisor
•CCity of PROJECT DESCRIPTION Development Services
Planning Division
Carlsbad P1(B)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME:Quarry Creek -Planning Area R-3
APPLICANT NAME:Cornerstone Communities
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:
Quarry Creek Planning Area R-3 is proposing approval of a Planned Development Permit
(PDP) and a Tentative Subdivision Map for an 88-unit multi-family,2-story townhome/
rowhome condominium development.
The proposed project is designed in accordance with the approved "Master Plan Guidelines" and
the Master Vesting Tentative Map CT 11-04.
P-1(B)Page 1 of 1 Revised 07/10
AM!
W,1
Indemnification and Insurance Requirement for Village Area Administrative Permit
Certification Statement:
I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true
and correct to the best of my knowledge.I agree to accept and abide by any conditions placed on the subject
project as a result of approval of this application.I agree to indemnify,hold harmless,and defend the City of
Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or
caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or
the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability
was caused by the sole active negligence of the City of Carlsbad or its officers or employees.I have submitted a
Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which
has a rating in the latest "Best's Rating Guide" of "A-"or better and a financial size of $50-$100 (currently class
VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City.
I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy.The
notice shall be delivered to:
City Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad
The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business
is operated on the public sidewalk.This agreement is a condition of the issuance of this administrative permit for
the subject of this rmit on the public sidewalk.I understand that an approved administrative permit shall
remain in effect for Ion outdoor displays are permitted within the Village Review Area and the permittee
remains in complia e wi bject approved permit.
Signature Date:D-115
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 pr perry on the public sidewalk.I understand that an approved administrative permit shall
remain in effect for s long as outdoor displays are permitted within the Village Review Area and the permittee
remains in complian wit subject approved permit.
Signature Date:
P-1 Page 3 of 6 Revised 12/13
City of DISCLOSURE STATEMENT
Development Services
Planning Division
Carlsbad P-1(A)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal.Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.APPLICANT (Not the applicant's agent)
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
INDICAT NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned
cor orati ,in the names,titles,and addresses of the corporate officers.(A
separate page m attached if necessary.)
Person Corp/Part
Title 11 OI £Title
Address 1/4 Ni/6 6e0-11.414tr.)#12C0 Address
OWNER (Not the o2.
Skin bleAcrs a en/l7)
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 LOW.If a publicly-owned corporation,include the names,titles,and
addres es of t orate officers.(A separate page may be attached if necessary.)
Person .Corp/Part
Title MA wit r tor-116(5/w (Ctie.Title
o perAfuly iMnOcr
Address 1-lcol:;cKeof-ctiveiritir,90)Address
Can Nt140/
P-1(A)Page 1 of 2 Revised 07/10
too.
3.NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title Title
Address Address
4.Have you had more than $500 worth of business transacted with any member of City
staff,Boards,Commissions,Committees and/or Council within the past twelve (12)
months?
EYes 1
-
/I4o If yes, please indicate person(s):
NOTE:Attach additional sheets if necessary.
I c ify t I the above information is true and correct to tAirh
-:est of my knowledge.
stali5Signaowner/date :ture of applicant/date
Ukc-C (2-0b S knel
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A)Page 2 of 2 Revised 07/10
CLTA Preliminary Report Form Order Number:U-4768557 (06)
(Rev.11/06)Page Number:1
Updated 5/12/2015
okitENivS.
First American Title
First American Title Company
4380 La Jolla Village Dr, Suite 200
San Diego, CA 92122
Customer Reference:Quarry Creek
Order Number:U -4768557 (06)
Title Officer:Dianne Livingston
Phone:(858)410-1303
Fax No.:(714)913-6750
E-Mail:dslivingston@firstam.com
Escrow Officer:Karen Hagen
Phone:(858)202-5675
Fax No.:(888)302-8627
E-Mail:khagen@firstam.com
E-Mail Loan Documents to:Ivyedocs2.ca@firstam.com
Buyer:Presidio Cornerstone QC,LLC
Borrower:Presidio Merced Land IV Active,LLC a Delaware limited liability
company, its Co-Manager
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached.Thepolicy to be issued may contain an arbitration clause.When the Amount ofInsurance is less than that set forth in the
arbitration clause,allarbitrable matters shall be arbitrated at the optionofeither the Company or the Insured as the exclusive remedy ofthe
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
firstAmerican Title
....11111111111.1M
,:14)
Order Number:L)-4768557 (06)
Page Number:2
This report (and any supplements or amendments hereto)is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance ofa policy of title insurance,a
Binder or Commitment should be requested.
First American Title
.11.01111111011111 sommomouranor
•
Order Number:U-4768557 (06)
Page Number:3
Dated as of May 07, 2015 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
TO BE DETERMINED
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
PRESIDIO CORNERSTONE QC, LLC, A DELAWARE LIMITED LIABILITY COMPANY
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1.General and special taxes and assessments for the fiscal year 2015-2016,a lien not yet due or
payable.
2.The land lies within the boundaries of proposed community facilities District No.1, as disclosed
by a map filed June 24, 2013 in Instrument No.2013-0394404 of maps of assessment and
community facilities districts.
Document(s) declaring modifications thereof recorded June 24, 2013 as Instrument No.2013-
0394405 of Official Records.
3.The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
The Following Matters Affect PARCEL 1:
4.An easement for poles and incidental purposes, recorded March 4, 1911 in Book 509, Page
267 of Deeds.
In Favor of:The Pacific Telephone and Telegraph Company
Affects:As described therein
The location of the easement cannot be determined from record information.
First American Title
101.011.1111.11.111.1111.1011111.1
**WO'
Order Number:U-4768557 (06)
Page Number:4
5.An easement for landscape and drainage maintenance and for slope stabilization, including but
not limited to erosion control and incidental purposes, recorded March 7, 1986 as Instrument No.
86-090570 of Official Records.
In Favor of:Treetops Unlimited,a joint venture
Affects:As described therein
6.An easement for street and incidental purposes, recorded March 25, 1986 as Instrument No. 86-
114088 of Official Records.
In Favor of:City of Carlsbad
Affects:Said land
7.The effect of a map purporting to show the land and other property, filed as Map No.12936 of
Record of Surveys.
8.The terms and provisions contained in the document entitled "Grant of Perpetual Slope Easement
and Temporary Construction Easement' recorded June 23, 2003 as Instrument No. 2003-
0739971 of Official Records.
The location of the easement cannot be determined from record information.
9.The effect of a map purporting to show the land and other property, filed as Map No. 21798 of
Record of Surveys.
The Following Matters Affect PARCEL 2:
10.An easement for public road and incidental purposes, recorded in Book 257, Page 247 of Deeds.
In Favor of:The County of San Diego
Affects:As described therein
The location of the easement cannot be determined from record information.
11.An easement for either or both pole lines, underground conduits and incidental purposes,
recorded in Book 511, Page 235 of Deeds.
In Favor of:Pacific Telephone and Telegraph Company
Affects:As described therein
The location of the easement cannot be determined from record information.
12.An easement for public road and incidental purposes, recorded June 19, 1928 in Book 1496, Page
100 of Deeds.
In Favor of:The County of San Diego
Affects:As described therein
13.An easement for public road and incidental purposes, recorded November 25, 1931 in Book 56,
Page 255 of Official Records.
In Favor of:The County of San Diego
Affects:As described therein
firstAmerican Title
Order Number:U-4768557 (06)
Page Number:5
The location of the easement cannot be determined from record information.
14.An easement for either or both pole lines, underground conduits and incidental purposes,
recorded May 11, 1949 in Book 3200, Page 449 of Official Records.
In Favor of:San Diego Gas and Electrical Company
Affects:As described therein
15.An easement for sewer pipe line and incidental purposes, recorded April 20, 1961 as Instrument
No.68841 of Official Records.
In Favor of:The City of Oceanside
Affects:As described therein
The location of the easement cannot be determined from record information.
16.Abutter's rights of ingress and egress to or from the highway, adjacent thereto have been
relinquished in the document recorded November 13, 1964 as Instrument No.206558 of Official
Records.
17.An easement for either or both pole lines, underground conduits and incidental purposes,
recorded March 31, 1966 as Instrument No.54146 of Official Records.
In Favor of:San Diego Gas and Electrical Company
Affects:As described therein
18.An easement for either or both pole lines, underground conduits and incidental purposes,
recorded June 29, 1967 as Instrument No.94628 of Official Records.
In Favor of:San Diego Gas and Electrical Company
Affects:As described therein
19.An easement for landscape and drainage maintenance and for slope stabilization, including but
not limited to erosion control and incidental purposes, recorded March 7,1986 as Instrument No.
86-090570 of Official Records.
In Favor of:Treetops Unlimited,a joint venture
Affects:As described therein
20.An easement for street and incidental purposes, recorded March 25, 1986 as Instrument No.86-
11408 of Official Records.
In Favor of:City of Carlsbad
Affects:Said land
21.The effect of a map purporting to show the land and other property, filed as Map No.12936 of
Record of Surveys.
22.The terms and provisions contained in the document entitled "Grant of Perpetual Slope Easement
and Temporary Construction Easement" recorded June 23, 2003 as Instrument No. 2003-
0739971 of Official Records.
The location of the easement cannot be determined from record information.
first American Title
•..
Order Number:U-4768557 (06)
Page Number:6
23.Covenants, conditions, restrictions and easements in the document recorded March 14,
2011 as Instrument No.2011-0135700 of Official Records, but deleting any covenant, condition,
or restriction indicating a preference, limitation or discrimination based on race, color, religion,
sex, sexual orientation, familial status, disability, handicap, national origin, genetic information,
gender, gender identity, gender expression, source of income (as defined in California
Government Code §12955(p)) or ancestry, to the extent such covenants, conditions or
restrictions violation 42 U.S.C.§3604(c) or California Government Code §12955.Lawful
restrictions under state and federal law on the age of occupants in senior housing or housing for
older persons shall not be construed as restrictions based on familial status.
24.The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded April 4, 2011 as Instrument No.2011-0172077 of Official Records.
25.The terms and provisions contained in the document entitled "Permanent Stormwater Quality
Best Management Practice Maintenance Agreement" recorded July 7, 2011 as Instrument No.
2011-0344518 of Official Records.
26.The terms and provisions contained in the document entitled "Hold Harmless Agreement
(Geological Failure)" recorded July 21, 2011 as Instrument No.2011-0371076 of Official Records.
27.The terms and provisions contained in the document entitled "Hold Harmless Agreement
(Drainage)" recorded July 21, 2011 as Instrument No.2011 -0371077 of Official Records.
28.The terms and provisions contained in the document entitled "Levee Maintenance Agreement"
recorded July 21, 2011 as Instrument No.2011-0371083 of Official Records.
29.The terms and provisions contained in the document entitled "Encroachment Removal Agreement
(Proposed Encroachment on Right-of-Way)" recorded July 27, 2011 as Instrument No.2011-
0382141 of Official Records.
The location of the easement cannot be determined from record information.
30.Covenants, conditions, restrictions and easements in the document recorded August 25,
2011 as Instrument No.2011-0439455 of Official Records, but deleting any covenant, condition,
or restriction indicating a preference, limitation or discrimination based on race, color, religion,
sex, sexual orientation, familial status, disability, handicap, national origin, genetic information,
gender, gender identity, gender expression, source of income (as defined in California
Government Code §12955(p)) or ancestry, to the extent such covenants, conditions or
restrictions violation 42 U.S.C.§3604(c) or California Government Code §12955.Lawful
restrictions under state and federal law on the age of occupants in senior housing or housing for
older persons shall not be construed as restrictions based on familial status.
31.The effect of a map purporting to show the land and other property, filed as Map No. 21798 of
Record of Surveys.
The Following Matters Affect PARCELS A,B AND C:
32.An easement for public road and incidental purposes and incidental purposes, recorded in Book
257 of Deeds, Page 247 .
In Favor of:The County of San Diego
First American Title
Ce
Order Number:U-4768557 (06)
Page Number:7
Affects:As described therein
The location of the easement cannot be determined from record information.
33.An easement for either or both pole lines, underground conduits and incidental purposes and
incidental purposes, recorded in Book 511 of Deeds, Page 235 .
In Favor of:Pacific Telephone and Telegraph Company
Affects:As described therein
The location of the easement cannot be determined from record information.
34.An easement for public road and incidental purposes and incidental purposes, recorded June 19,
1928 in Book 1496 of Deeds, Page 100 .
In Favor of:The County of San Diego
Affects:As described therein
35.An easement for public road and incidental purposes and incidental purposes,
recorded November 25, 1931 as Book 56, Page 255 of Official Records.
In Favor of:The County of San Diego
Affects:As described therein
The location of the easement cannot be determined from record information.
36.An easement for either or both pole lines, underground conduits and incidental purposes and
incidental purposes, recorded May 11, 1949 as Book 3200, Page 449 of Official Records.
In Favor of:San Diego Gas and Electric Company
Affects:As described therein
37.An easement for sewer pipe line and incidental purposes and incidental purposes, recorded April
20,1961 as Instrument No.68841 of Official Records.
In Favor of: The City of Oceanside
Affects:As described therein
The location of the easement cannot be determined from record information.
38.Abutter's rights of ingress and egress to or from the highway, adjacent thereto have been
relinquished in the document recorded November 13, 1964 as Instrument No.206558 of Official
Records.
39.Abutter's rights of ingress and egress to or from the highway, adjacent thereto have been
relinquished in the document recorded March 29, 1968 as Instrument No.53001 of Official
Records.
40.The effect of a map purporting to show the land and other property, filed as Map No.12936 of
Record of Surveys.
41.The effect of a map purporting to show the land and other property, filed as Map No.21798 of
Record of Surveys.
firstAmerican Title
Order Number:U-4768557 (06)
Page Number:8
The Following Matters Affect ALL PARCELS:
42.A Deed of Trust to secure an original indebtedness of $28,000,000.00 recorded March 30,
2015 as Instrument No.2015-0150823 of Official Records.
Dated:March 24, 2015
Trustor:Presidio Cornerstone QC, LLC,a Delaware limited liability
company
Trustee:Farmers and Merchants Trust Company of Long Beach
Beneficiary:Farmers & Merchants Bank of Long Beach,a California
corporation
The above deed of trust states that it is a construction deed of trust.
A document entitled "Absolute Assignment of Leases,Lease Guaranties,Rents,Issues and
Profits"recorded March 30,2015 as Instrument No.2015-0150824 of Official Records,as
additional security for the payment of the indebtedness secured by the deed of trust
recorded March 30, 2015 as Instrument No.2015-0150823 of Official Records.
43.Any statutory lien for labor or materials arising by reason of a work of improvement, as disclosed
by a document recorded March 30, 2015 as Instrument No.2015-0150823 of Official Records.
44.A financing statement recorded March 30, 2015 as Instrument No.2015-0150825 of Official
Records.
Debtor:Presidio Cornerstone QC,LLC
Secured party:Farmers & Merchants Bank of Long Beach
45.Rights of parties in possession.
Prior to the issuance of any policy of title insurance, the Company will require:
firstAmerican Title
Order Number:IJ-4768557 (06)
Page Number:9
46.With respect to Presidio Cornerstone QC,LLC, a Delaware limited liability company:
a. A copy of its operating agreement and any amendments thereto;
b.If it is a California limited liability company, that a certified copy of its articles of organization
(LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or
restatement of articles of organization (LLC-10) be recorded in the public records;
c.If it is a foreign limited liability company, that a certified copy of its application for registration
(LLC-5) be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, that such document or instrument be
executed in accordance with one of the following,as appropriate:
(i)If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such document must be executed by at
least two duly elected or appointed officers, as follows: the chairman of the board, the president
or any vice president, and any secretary. assistant secretary, the chief financial officer or any
assistant treasurer;
(ii)If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one manager
if the limited liability company properly operates with the existence of only one manager.
e. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require
First American Title
varamasir
Order Number:L1-4768557 (06)
Page Number:10
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause,all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1.General and special taxes and assessments for the fiscal year 2014-2015.
First Installment:$3,489.49, PAID WITH PENALTY
Penalty:$348.95
Second Installment:$3,489.49, PAID WITH PENALTY
Penalty:$358.95
Tax Rate Area:09014
A.P.No.:167-040-11-00
Affects:Parcel 1
2.General and special taxes and assessments for the fiscal year 2014-2015.
First Installment:$9,054.78, PAID WITH PENALTY
Penalty:$905.48
Second Installment:$9,054.78, PAID WITH PENALTY
Penalty:$915.48
Tax Rate Area:09014
A.P.No.:167-040-21-00
Affects:Parcel 2
3.The property covered by this report is vacant land.
4.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
5.It appears that a work of improvement is in progress or recently completed on the land. The
Company will require various documents and information, including but not limited to a
completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement,
disbursement information, executed indemnity agreement and current financial information from
proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued.
Other requirements may be made following the review of such documents and information.
First American Title
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Order Number:U-4768557 (06)
Page Number:11
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
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.
first American Title
Order Number:U-4768557 (06)
Page Number:12
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
PARCEL 1:(APN:167-040-11-00)
ALL THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO PATENT MAP THEREOF, RECORDED IN BOOK 1, PAGE 150 OF
PATENTS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT CORNER NO. 2 OF SAID RANCHO HEDIONDA; THENCE SOUTH 30° 03' WEST
ALONG THE WESTERLY LINE THEREOF, 274.80 FEET, MORE OR LESS, TO THE CENTER LINE OF
THE RELOCATION OF COUNTY HIGHWAY COMMISSION ROUTE 14, FROM OCEANSIDE TO
VISTA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF COUNTY SURVEYOR OF SAN
DIEGO COUNTY; THENCE ALONG SAID CENTER LINE, AS FOLLOWS:
SOUTH 74° 48' EAST, 531.12 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 2,000.00 FEET; ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6° 38', A
DISTANCE OF 231.55 FEET; SOUTH 83° 31' EAST (DEED SOUTH 81° 26' EAST), 2,345.90 FEET •
TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 2,000.00 FEET; ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 12°19' A DISTANCE OF 429.93 FEET; NORTH
84° 10' EAST (DEED NORTH 86° 15' EAST) 145.34 FEET TO THE BEGINNING OF A CURVE TO
THE LEFT HAVING A RADIUS OF 400.00 FEET; ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 6° 38', A DISTANCE OF 258.19 FEET; NORTH 47° 11' EAST (DEED NORTH 49° 16'
EAST)100.27 FEET, MORE OR LESS TO THE INTERSECTION WITH THE WESTERLY LINE OF
LAND DESCRIBED IN DEED TO ROSA MARRON, DATED DECEMBER 10, 1902 AND RECORDED IN
BOOK 324, PAGE 114 OF DEEDS; THENCE ALONG SAID WESTERLY LINE, SOUTH 7° 36' 16"
EAST (DEED SOUTH 7° 35' WEST) 1,171.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 7° 36' 16" EAST ALONG SAID WESTERLY LINE, 880.00 FEET TO THE
SOUTHWESTERLY CORNER THEREOF, BEING ALSO THE SOUTHEASTERLY CORNER OF LAND
DESCRIBED IN DEED TO JOE A.MARRON, DATED APRIL 18, 1918 AND RECORDED IN BOOK
754, PAGE 301 OF DEEDS; THENCE SOUTH 67° WEST, ALONG THE SOUTHERLY LINE OF SAID
LAND, 1,709.40 FEET TO THE MOST SOUTHERLY CORNER THEREOF; THENCE NORTH 59°
WEST ALONG SAID SOUTHERLY LINE, 900.09 FEET TO THE MOST SOUTHERLY CORNER OF
LAND DESCRIBED IN DEED TO JUAN M.MARRON DATED AUGUST 11,1913 AND RECORDED IN
BOOK 616, PAGE 414 OF DEEDS; THENCE NORTH 16° 07' 10"EAST 890.00 FEET TO AN
INTERSECTION WITH A LINE WHICH BEARS SOUTH 83° 37' 09' WEST FROM THE TRUE POINT
OF BEGINNING; THENCE NORTH 83° 37' 09" EAST,1,993.84 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 2: (APN:167-040-21-00)
THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF LOT "3" OF SAID RANCHO; THENCE
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Order Number:U-4768557 (06)
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SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT "J" SOUTH 69° 36' 25"
WEST 2,149.10 FEET RECORD SOUTH 69° 36' 00" WEST 2,152.00 FEET, MORE OR LESS TO THE
SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO
ROSA MARRON, RECORDED MAY 1,1903 IN BOOK 324,PAGE 114 OF DEEDS, RECORDS OF SAN
DIEGO COUNTY; THENCE NORTHERLY ALONG SAID PROLONGATION AND SAID WESTERLY
LINE NORTH 05° 23' 20" WEST, RECORD NORTH 07° 35' 00" WEST, 1,906.40 FEET, TO AN
INTERSECTION WITH THE SOUTHERLY LINE OF LAND DESCRIBED IN A DEED TO THE STATE
OF CALIFORNIA FOR FREEWAY PURPOSES, RECORDED NOVEMBER 13, 1964 AS FILE NO.
206558 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY BOUNDARY, NORTH 54° 35'
03" EAST 61.20 FEET, RECORD NORTH 54° 12' 28" EAST 66.68 FEET; NORTH 62° 19' 49" EAST,
RECORD NORTH 61° 50' 14", EAST 781.78 FEET; NORTH 70° 22' 43" EAST, RECORD NORTH 70°
00' 08"EAST,160.25 FEET;NORTH 53° 37' 35"EAST, RECORD NORTH 53° 15' 00"EAST, 60.91
FEET;NORTH 11° 22' 59"EAST, RECORD NORTH 11° 00' 24"EAST, 91.21 FEET; NORTH 69° 05'
01" EAST, RECORD NORTH 68° 42' 26" EAST, 625.00 FEET; SOUTH 71° 01' 22" EAST, RECORD
SOUTH 71° 23' 57" EAST, 97.79 FEET; SOUTH 29° 15' 52" EAST, RECORD SOUTH 29° 38' 27"
EAST, 45.80 FEET; NORTH 89° 44' 27" EAST, RECORD NORTH 89° 21' 52" EAST, 97.35 FEET;
NORTH 51° 23' 56"EAST, RECORD NORTH 51° 01' 21"EAST,180.95 FEET; NORTH 79° 55' 20"
EAST 17.18 FEET, RECORD NORTH 79° 32' 45" EAST,17.12 FEET; NORTH 82° 05' 47" EAST,
RECORD NORTH 81° 43' 12" EAST 32.23 FEET; NORTH 20° 31' 54" EAST, RECORD NORTH 28°
09'19 EAST, 25.12 FEET;NORTH 63° 40' 35" EAST, RECORD NORTH 63° 18' 00" EAST, 67.81
FEET; AND NORTH 84° 42' 03" EAST 126.8 FEET, RECORD NORTH 84° 19' 28" EAST 135.48
FEET, TO THE INTERSECTION WITH THE HEREINBEFORE SAID EASTERLY LINE OF LAND
CONVEYED TO SILVESTRE MARRON, SAID POINT OF INTERSECTION BEING ALSO FOR
REFERENCE ALONG A RADIAL LINE SOUTH 18° 13' 52"EAST 202.64 FEET FROM THE
ENGINEER'S STATION 196 PLUS 96.37 P.O.C. CENTER LINE OF THE DEPARTMENT OF PUBLIC
WORKS 1951 SURVEY FOR ROAD XI-SD-196-OCN-A; THENCE SOUTH 01° 19' 47" EAST,
2,063.50 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION, IF ANY, LYING NORTHERLY OF THE SOUTHERLY LINE
OF LAND DESCRIBED IN A FINAL ORDER OF CONDEMNATION, RECORDED APRIL 29, 1954 IN
BOOK 5223, PAGE 37 OF OFFICIAL RECORDS.
ALSO INCLUDING:
THOSE PORTIONS OF THAT CERTAIN PARCEL OF LAND RELINQUISHED TO THE CITY OF
CARLSBAD PER FILE/PAGE NO.53001, RECORDED MARCH 29,1968 IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESIGNATED AS PARCELS 1 AND 2 OF STATE
HIGHWAY MAP NO. 86 (RELINQUISHMENT MAP NO.15091 PER FILE/PAGE NO.185247,
RECORDED NOVEMBER 24,1967), ALSO BEING A PORTION OF LAND FORMERLY GRANTED TO
THE STATE OF CALIFORNIA PER FILE/PAGE NO.'S 206558 AND 206559, RECORDED NOVEMBER
13,1964, AS SHOWN ON CALTRANS RIGHT OF WAY MAP LO-27501; ALL. OF OFFICIAL RECORDS
OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 'A'
BEGINNING AT A FOUND 1" IRON PIPE WITH DISC STAMPED "DIV HWYS"PER STATE
HIGHWAY MONUMENTATION MAP M.S. 597, SAID PIPE MARKING THE SOUTHWEST CORNER OF
SAID LAND GRANTED PER FILE/PAGE NO.'S 206558 AND 206559; THENCE ALONG THE
SOUTHERLY BOUNDARY THEREOF THE FOLLOWING COURSES:NORTH 54°46'36" EAST, 66.63
FEET (NORTH 54°12'28" EAST, 66.68 FEET PER SAID FILE/PAGE NO.'S 206558 AND 206559);
THENCE NORTH 62°33'21" EAST, 781.76 FEET (NORTH 61°57'14" EAST, 781.78 FEET PER SAID
FILE/PAGE NO.'S 206558 AND 206559); THENCE NORTH 70°36'16" EAST (NORTH 70°00'08"
EAST PER SAID FILE/PAGE NO.'S 206558 AND 206559), 119.15 FEET TO A POINT HEREIN
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Order Number:U-4768557 (06)
Page Number:14
REFERRED TO AS POINT 'A'; THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTH 12°21'04"
WEST, 7.32 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE
TO THE SOUTHWEST; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 94°58'10" A DISTANCE OF 33.15
FEET TO THE BEGINNING OF A 670.00 FOOT RADIUS COMPOUND CURVE, A RADIAL LINE TO
SAID BEGINNING BEARS NORTH 17°19'14" WEST; THENCE SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 09°14'38" A DISTANCE OF 108.10 FEET;
THENCE SOUTH 63°26'08" WEST, 825.34 FEET TO A POINT ON THE WEST BOUNDARY OF SAID
FILE/PAGE NO.'S 206558 AND 206559; THENCE ALONG SAID WEST BOUNDARY SOUTH
05°24'53"EAST, 51.04 FEET TO THE POINT OF BEGINNING.
PARCEL 'B'
COMMENCING AT THE ABOVE-MENTIONED POINT 'A'; THENCE CONTINUING ALONG THE
SOUTHERLY BOUNDARY OF SAID FILE/PAGE NO.'S 206558 AND 206559 THE FOLLOWING
COURSES:NORTH 70°36'16" EAST (NORTH 70°00'08" EAST PER SAID FILE/PAGE NO.'S 206558
AND 206559), 41.10 FEET; THENCE NORTH 53°52'54 EAST, 21.31 FEET (NORTH 53°15'00"
EAST PER SAID FILE/PAGE NO.'S 206558 AND 206559) TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 53°52'54 EAST 39.47 FEET; THENCE NORTH 11°37'15" EAST
(NORTH 11°00'24" EAST PER SAID FILE/PAGE NO.'S 206558 AND 206559), 0.93 FEET TO A
POINT HEREIN REFERRED TO AS POINT 'B'; THENCE LEAVING SAID SOUTHERLY BOUNDARY
SOUTH 77°05'02" WEST, 16.99 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS
CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 79°37'19" A DISTANCE OF 27.79 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL 'C'
COMMENCING AT THE ABOVE-MENTIONED POINT 'B'; THENCE CONTINUING ALONG THE
SOUTHERLY BOUNDARY OF SAID FILE/PAGE NO.'S 206558 AND 206559 THE FOLLOWING
COURSES:NORTH 11°37'15" EAST (NORTH 11°00'24" EAST PER SAID FILE/PAGE NO.'S 206558
AND 206559), 90.34 FEET; THENCE NORTH 69°19'22" EAST, 624.95 FEET (NORTH 68°42'26"
EAST, 625.00 FEET PER SAID FILE/PAGE NO.'S 206558 AND 206559); THENCE SOUTH 71°07'36"
EAST, 97.96 FEET (SOUTH 71°23'57" EAST, 97.79 FEET PER SAID FILE/PAGE NO.'S 206558 AND
206559); THENCE SOUTH 28°32'25" EAST, 43.26 FEET (SOUTH 29°38'27" EAST PER SAID
FILE/PAGE NO.'S 206558 AND 206559) TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 28°32'25" EAST, 2.90 FEET; THENCE NORTH 89°56'20" EAST, 97.33 FEET
(NORTH 89°21'52" EAST, 97.35 FEET PER SAID FILE/PAGE NO.'S 206558 AND 206559); THENCE
NORTH 51°35'17" EAST, 180.91 FEET (NORTH 51°01'21" EAST, 180.95 FEET PER SAID
FILE/PAGE NO.'S 206558 AND 206559); THENCE NORTH 80°07'10" EAST, 17.12 FEET (NORTH
79°32'45"EAST,17.12 FEET PER SAID FILE/PAGE NO.'S 206558 AND 206559); THENCE NORTH
82°17'31" EAST 32.22 (NORTH 81°43'12"EAST, 32.23 FEET PER SAID FILE/PAGE NO.'S 206558
AND 206559); THENCE NORTH 28°42'58" EAST, 25.11 FEET (NORTH 28°09'19" EAST, 25.12
FEET PER SAID FILE/PAGE NO.'S 206558 AND 206559); THENCE NORTH 63°50'06" EAST
(NORTH 63°18'00" EAST PER SAID FILE/PAGE NO.'S 206558 AND 206559), 28.71 FEET TO THE
BEGINNING OF A NON-TANGENT 958.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST,
A RADIAL LINE TO SAID BEGINNING BEARS NORTH 20°50'18" WEST; THENCE LEAVING SAID
SOUTHERLY BOUNDARY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 03°15'46" A DISTANCE OF 54.55 FEET; THENCE SOUTH 65°53'56" WEST,
217.21 FEET TO THE BEGINNING OF A TANGENT 470.00 FOOT RADIUS CURVE CONCAVE TO
THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 05°51'00" A DISTANCE OF 47.99 FEET; THENCE SOUTH 60°02'56" WEST,
41.19 FEET TO THE TRUE POINT OF BEGINNING.
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Order Number:U-4768557 (06)
Page Number:15
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1,1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
First American Title
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Order Number:U-4768557 (06)
Page Number:16
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1.Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building;(d) improvements on the Land;
(b) zoning;(e) land division; and
(c) land use;(f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a.,14,15,16,18,19, 20, 23 or 27.
2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes.This Exclusion
does not limit the coverage described in Covered Risk 14 or 15.
3.The right to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17.
4.Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5.Failure to pay value for Your Title.
6.Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b)in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:For Covered Risk 16,18,19, and 21
Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount Our Maximum DollarLimit of Liability
Covered Risk 16:1%of Policy Amount or $2,500.00 (whichever is less)$10,000.00
Covered Risk 18:1% of Policy Amount or $5,000.00 (whichever is less)$25,000.00
Covered Risk 19:1%of Policy Amount or $5,000.00 (whichever is less)$25,000.00
Covered Risk 21:1% of Policy Amount or $2,500.00 (whichever is less)$5,000.00
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.
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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 ifyou 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.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 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 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
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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.
6.Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or
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.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession 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.
6.Any lien or right to a lien for services, labor or material not shown by the public records.
firstAmerican Title
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ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d),14 or 16.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c),
13(d), 14 or 16.
2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16,17,18,19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit
the coverage provided in Covered Risk 26.
6.Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date
of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage,is
(a)a fraudulent conveyance or fraudulent transfer, or
(b)a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
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Privacy Information
We Are Committed to Safeguarding Customer Information
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 adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
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 Information 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.
Useof Information
We request information from you for our own legitimate business purposes 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 internal 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 include financial service providers, such as title insurers, property and casualty
insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,
we may also provide all the information we collect,as described above,to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial
institutions 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.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized 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 responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal 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 receive 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 try 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.
FirstAm.com uses stored cookies.The goal of this technology is to better serve you when visiting 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 believe 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 collect 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 50-PRIVACY (9/1/10)Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
MIMMUMUUH
Applicant:CONERSTONE COMMUNITIES
Description Amount
CT150005 17,730.56
3701 HAYMAR DR CBAD
Receipt Number:R0109139 Transaction ID:R0109139
Transaction Date:05/21/2015
Pay Type Method Description Amount
Payment Check 17,730.56
Transaction Amount:17,730.56
City of of Carlsbad
Faraday Center
Faraday Cashiering 001
1514101 -1 05/21/2015 32
Thu,May 21,2015 03:12 PM
Receipt Ref Nbr:R1514101 -1/0013
PERMITS -PERMITS
Tran Ref Nbr:151410101 0013 0013
Trans/Rcpt#:R0109139
SET #:CT150005
Amount:1 6 $17,730.56
Item Subtotal:$17,730.56
Item Total:$17,730.56
PERMITS -PERMITS
Tran Ref Nbr:151410101 0013 0014
Trans/Rcpt#:R0109140
SET #:PUD15013
Amount:1 @ $13,208.00
Item Subtotal:$13,208.00
Item Total:$13,208.00
2 ITEM(S)TOTAL:$30,938.56
Check (Chk#007120)$364.56
Check (Chk#000001065)$30,574.00
Total Received:$30,938.56
Have a nice day!
**************CUSTOMER COPY*************
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
111111111111111111111111111111111
Applicant:CONERSTONE COMMUNITIES
Description Amount
PUD15013 13,208.00
3701 HAYMAR DR CBAD
Receipt Number:R0109140 Transaction ID:R0109140
Transaction Date:05/21/2015
Pay Type Method Description Amount
Payment Check 13,208.00
Transaction Amount:13,208.00