HomeMy WebLinkAboutCT 2019-0002; MADISON FIVE; Tentative Map (CT)I <
(city of
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Plannlng Dfvlsion
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Dtyelopment Penn/ts (FOR DEPT. USE ONLY) Leal§/f(lvf Pennits
D Coutal Development Permit D Minor
0 CondltJonal Use Permit
0 Minor O Extension
D Dey Care (Larp)
□ Environmental lmpactAssenment
D Habitat Management Permit 0 Minor
□ HUl81de Development Pennlt OMinor
□ Nonconfonning Construction Pennit
@ Planned Development Permit OMin
[) Residential 0 Non-Residential
□ Planning Commleelon Determination
□ Reasonable Accommodation
~ Site Development Plan D
D Special U.e Permit
0 Tentative Parcel Map (Minor Subdivision)
1K) Tentative Tract Map (Major Subdivision
D Variance 0 Minor
D General Plan Amendment
0 Loeal Coutal Program Amendment
D Maater Plan
D Specific Plan
0 Zone Change
□Amendment
□Amendment
D Zone Code Amendment
So,nt, Cfrllffd Cogtal BflYttw Area
lb,
-,,'m~"l,,.Revlew Permit
1--------1
Administrative D Minor O Major
Vlllfat BIYim Arv fl,p,lts
I D Review Pennlt
0 Administrative D Minor O Major
(FOR DEPT. USE ONLY)
NOT&: Al'lt0POND PIIOJl!CT RolQUIRING APPUCATION8UltM'1'TAL MUST 8E SUSMfTTED BY APPOINTMENT". PU!Aal! CONTACT TH& APP01NTMaNT8PECIA&.•T
AT C7'501882-272.J TO ICHGULE AN APPOINTM!NT.
"SAIIII DAY APP09rl'l'IIENT8 .Ml NOT AVAILABLE
ASSESSOR PARCEL NO(S): 204-031-01 and 204-031·02
LOCATION OF PROJECT: Southeaat comer of Oaks Avenue and Madison Street
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
(STREET ADDRESS)
oak Avenue and Madison Street
Development of five townhomes on two vacant parcels.
ESTIMATED COMPLETION DATE
FOR CITY.USE ONLY -V1M)I~ _ 0,~0 Development NoU......, .... F.__· ___ <T"" _______ _ LHdCueNo.
P-1 Page 1 of6 Reviled 03117
C 0 > I
OWNERNAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT)
INDIVIDUAL NAME Michael Kootchlck INDIVIDUAL NAME Michael Kootchick (If applicable): (If appkable):
COMPANY NAME OK Realty Holdings, Inc. COMPANY NAME
(If applicable): Of applcable ): DK Realty Holdings, Inc.
MAILING ADDRESS: P.O. Box 2671 MAILING ADDRESS: P.O. Box 2671
CITY, STATE, ZIP: Carlsbad, CA 9201 B CITY. STATE, ZIP: carlsbad, CA 92018
TELEPHONE: 819-804-3417 TELEPHONE: 619-804-3417
EMAIL ADDRESS: mk@landshirehousing.com EMAIL ADDRESS: mk@landshirehouaing.oom
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE 0\11/NER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE ANO CORRECT TO
KNONLEOGE. I CERTIFY AS LEGAL QINNER THAT THE APPLICANT AS THE BEST OF Pf< KNOWLEDGE.
SET FORTH bEREIN IS MY AUTHORIZED REPRES~TATIVE FOR :i
l~"t l,? PURPOSES OF/THIS APPLICATION.
l-i f ( 4
I /l•v--· I I v~-
SIGNATUR! DA E SIGNATUP,E DATE
APPLICANrs REPRESENTATIVE (Print): Howes. Weiler, Landy Planning and Engineering: Patrick Zabrocki,
MAILING ADDRESS: 2888 Loker Avenue East, Suite 217
CITY, STATE, ZIP: Carlsbad CA 92010
TELEPHONE: 78D-929-2288 ""'. .. 't, ..
' 1 ,
EMAIL ADDRESS: pzabrocki@hiM-pe.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ~ .. INFO~]~ IS TRUE AND CORRECT TO THE BEST OF · '. 4 •. ' •
-~Aft ~ 4
' 1'.1
-7i~~ I .. 1/41/t-
SlqNATU . o,i\,fE I .
IN THE PROCESS OF REVIEWING THIS APPLICATION IJ MA¥• 8fi. 1'1iC'ES$ARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND"ENTER Tf-lE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. W/E CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRIC]lON: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE 'fTLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND ANO BIND ,\NY SUCCESSORS IN INTEREST.
/(/t_.-
PROP~TY OWNER SIGNATURE
FOR CITY USE ONLY
P-1 Page 2 of6
JAN 2 3 2019
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
Revised 03/17
]
TRANSMITTAL
DATE: January 23, 2019
Hinrl.
HOWES I WEILER I LANDY
PLANNING & ENGINEERING
TO: City of Carlsbad Planning Department
FROM: Patrick Zabrocki
SUBJECT: Oaks Avenue and Madison Street Submittal for a Tentative Tract Map, Planned
Development Permit and Site Development Plan
Please find attached the following 1st submittal checklist items:
# Submittal Item Copies/Fee
1. P-1 Land Use Review Application 1
2. P-l(A) Disclosure Statement 1
3. P-l(B) Project Description 1
4. P-l(C) Hazardous Waste and Substances Statement 1
5. P-l(D) EIA Information Form 1
6. P-l(E) Time Limits on Discretionary Projects 1
7. Tentative Tract Map and Grading Plan 7
8. Landscape and Water Conservation Plans 7
9. Architectural Plans 7
10. Title Insurance Report 2
11. Traffic Generation Assessment 1
12. Preliminary Geotechnical Investigation 2
13. E-34 Storm Water Standards Questionnaire 2
14. E-36 Standard Project Requirement Checklist 2
15. Preliminary Drainage Report 2
16. Acoustical Analysis Report 1
17. Noticing Package 1
18. CD of Submittal Package 1
19. Submittal Fees 1
Please contact me at pzabrocki@hwl-pe.com or 760-929-2288 if you need anything else.
2888 loker Avenue Fost, Suite 117, Carlsbad, CA 92010 www.hwl-pe.cam 760.929.2288
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
cartsbad and its officers and employees from all claims, damage or liabiHty 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 permtt 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 pubUc sidewalk. This agreement Is a condition of the issuance of this administrative permit for the
subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in
effect for as long as outdoof displays are permitted within the Village Review Area and the permittee remains in
compliance with the subj~:approved permit. / /
i I 'L---II ., t I " Signature , v Date: · ; "'" I ----------
Certif,cation Statement
I Certify that I am the Legal Property Owner for the subject business location and that all of the above information
is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject
property on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as
long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance
with the subject approved perm~, / / .
Signature 1V----· Date: / ; 7 1 t i
I
P-1 Page 3 of6 Revised 03/17
c·cicyof
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
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 infonnation MUil be disclosed at the time of application submittal. Your project
cannot be reviewed until this Information is completed. Please print
Note:
Peraon is defined as "Any individual, firm, co-partnership. joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in thi& 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 provfded below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of & persons having a
financial interest In the application. If the applicant includes a corporation or partnership.
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly.owned corporation. include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Michael Kootchick Corp/Part OK Realty Holdings, Inc.
Title President Title ___________ _
Address P.O. Box 2671 Address Carlsbad. CA 92018
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of & 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 t;g[Poration or partnarship. include the names, titles, addresses of
all individuals owning more than 100k of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE
SPACE BELOW. If a put,tidy-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached If necessary.)
Person Michael Kootchick Corp/Part DK Realty Holdings, Inc.
Title President Title -------------
Address P.O. Box 2671
Car1sbad, CA 92018
Address ___________ _
Page 1 af2 Reviaed 07/10
(city of
Carlsbad
PROJECT DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: Oak Avenue and Madison Street Townhomes
APPLICANT NAME: DK Realty Holdings
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
The proposed project is located at the corner of Oak Avenue and Madison Street in the City of Carlsbad
(Exhibit 1 -Site Location Map) Village area. The 0.18 acre site (APN 221-881-15) is currently
undeveloped and vacant, consisting of only an approximate 40-50 square foot shed. The project site has
a General Plan Land Use and Zoning Designation of Village-Barrio (V-B) with an allowed density of 23-30
dwelling units/acre. The property is not located within the Coastal Zone but is surrounded by single-family
and multi-family residential uses to the west, south, and east. Commercial uises are located to the north
of the project site.
The proposed project is seeking the approval of a Planned Development Permit, a Site Development Plan
Permit, and the approval of a Tentative Tract Map through the Planning Department. These approvals
would allow for the development of a five unit attached residential condominium building. The structure
would be a total of approximately 9,870 square feet of building space and includes a total of 10 resident
parking spaces and 1 visitor parking space. The project meets all development standards for landscaping,
open space and parking and will reflects a product type that is consistent with the vision for the future of
higher density residential in the Village that has been planned for by the City.
P-1(8) Page 1 of 1
RECEIVED
JAN 2 3 20\9
CITY OF CAH.LSBAD
PLANNING DIVISION
Revised 07/10
■ns T \ , t•• I A r c h i t e c-:: re:
~
--...., K
Planning
CITY OF CARLSBAD/ BARRIO PERIMETER DESIGN GUIDELINES
Date: 01/22/19
D K Realty Holdings Inc.
Madison & Oak (5-Plex)
SA+P Job No.: 2018026
This project is at the South East corner of Madison Street and Oak Avenue,
combining lots 15 and 16 in block 47 of Map no. 775 in the City of Carlsbad. It is
located in the Barrio District, part of the Barrio Perimeter.
A. Setbacks
The building frontage is located on Madison Street. The building is set 10 feet
behind a 5 foot dedication setback, which is a total of 15 feet from the property
line. There is a 5 foot balcony projection encroachment, which is permitted.
The building side setbacks are 5 feet. At the side facing Oak Avenue, there is
an additional 5 foot street side setback from dedication, which combined is 10
feet from the property line facing Oak Avenue. There are 2 foot balcony
projection encroachments, which is permitted.
C. Lot Coverage
The allowable lot coverage for projects in the Barrio Perimeter is 80%, this
project proposes a lot coverage of 59.6% (4,725.5 square feet covered out of a
total of 7,927.9 square feet).
D. Density
The Density range for residential projects in the Barrio Perimeter is 23-30
dwelling units per acre. At 0.182 acres, this project site would allow 4.18 to 5.46
dwelling units. This project proposes 5 dwelling units.
E. Property Open Space
A minimum of 25 percent of lot area must be maintained as open space which
includes landscape planters, open space pockets, roof gardens/patios,
balconies, and other patios. This project proposes a total of 4,009 square feet
of open space combining the allowable spaces described above. This total
reflects 50.56% of the project area, well above the minimum. A common seating
area is proposed in landscaped front yard along Madison Street.
Page 11
■n ST \ , ...... -\ "
..... Architecture+
K
Planning
CITY OF CARLSBAD/ BARRIO PERIMETER DESIGN GUIDELINES
G. Building Height
A height limit of 35 feet is applied to this property. All roof eaves and ridges
fall under the 35 foot height mark above proposed grade, with the exception
of roof deck low wall guardrails, and an architectural feature at the corner of
the project that is composed of a slender tower with sloping roof supported
with architectural wood braces that add to the architectural character of the
neighborhood. The highest point of this tower is 40'-31/2" above grade.
H. Building Massing
The fa<;ade facing Oak Avenue incorporates several plane setbacks. Beginning
at the plane closest to the street (which composes covered entry ways
supporting 2nd story balconies), there are setbacks at 2 feet, 2.5 feet, 3 feet, and
4.3 feet composed as architectural pop-outs and cantilevered masses.
At Madison Street, the plane setbacks compose a range as great as 8 feet 8
inches, to as low as 6 inches. Covered front patios that support 2nd story
balconies compose plane setbacks at 5'-5 1/2", and 4'-3 1/2" from the main
building massing.
The multiple plane setbacks alternate between colored plaster finishes, board
and batten siding, and hardboard shiplap siding that enrich the streetscape in
colors, textures, and shadows. Additionally, wood trellises and metal awnings
cover the 2nd story balconies and contribute to the richness of the building.
Cordially,
Alberto Montenegro
Starck Architecture+ Planning
Page 12
■ns T \ , ~·~· · -\ " 115.iiii.1 Architecture ➔
K
Planning
CITY OF CARLSBAD/ BARRIO PERIMETER DESIGN GUIDELINES
Page I 3
(cicyof
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Govemment 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
Prat.action Agency and hereby certify that (check one):
Ii] The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
0 The development project and any alternatives proposed in this application m contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Michael Kootchick
Address: PO Box 2671
Carlsbad CA 92018
Phone Number: 619-804-3417
PROPERTY OWNER
Name: DK Realty Holdings
Address: PO Box 2671
Carlsbad CA 92018
Phone Number: 619-804-3417
Address of Site: Southeast corner of Oak Avenue and Madison Street
Local Agency (City and County):_C_a_r_ls_b_a_d_C_a_ltt_o_rn_i_a ___________ _
Asseuor's book, page, and parcel number: 204-031-01, 204-031-02
Specify list(s):_N_A _______________________ _
Regulatory Identification Number:_N_A __________________ _
Date of List: NA -------------------,.---------
//~---·
Property Owne 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
.,.
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ____________ (To be completed by City)
Application Number(s): ___________________________ _
General Information
1. Name of project: MADISON ST. & OAK AVE.
2. Name of developer or project sponsor: _D_K_R_EA_L....;.T..;..Y_H_O;...;L;.;:;.D.;.;.IN.;..;G;;..;S~-----------
Address: 6815 FLANDERS DRIVE #240
City, State, Zip Code: SAN DIEGO, CA 92121
Phone Number: 619-804-3417 --------------------------
3. Name of person to be contacted concerning this project: MICHAEL KOOTCHICK
Address: SAME AS ABOVE
City, State, Zip Code: SAME AS ABOVE ------------------------
Phone Number: SAME AS ABOVE
4. Address of Project: __ s_E_c_o_R_N_E_R_O_F_M_AD_I_S_O_N_S_T_R_E_ET_A_ND_O_A..;_:K_;_A..;_:V..::E.:....:N..:.U.::.E ______ _
Assessor's Parcel Number: 204-031-01-00 &204-031-02-00
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
6. Existing General Plan Land Use Designation: R-30, Residential 23-30 du/ac
7. Existing zoning district: _R_D_-_M ______________________ _
8. Existing land use(s): VACANT --------------------------
9. Proposed use of site (Project for which this form is filed): MUL Tl-FAMILY RESIDENTIAL 5-PLEX
Project Description
10. Site size: 0.18 ACRES OR 7,929 SQ FT. AND 2 LOTS
11. Proposed Building square footage: _s_,8_7_1 _S_O_FT _________________ _
12: Number of floors of construction: 3 ----------------------
13. Amount of off-street parking provided: 10 RESIDENTIAL SPACES+ 1 VISITOR (ACCESSIBLE) SPACE
14. Associated projects: __ N_I_A ______________________ _
P-1(D) Page 2 of 4 Revised 07 /10
15. If residential, include the number of units and schedule of unit sizes: 5 UNITS ----------
UNIT 1: 1,970 SQ FT UNIT 2: 2,026 SQ FT UNIT 3: 1,845 SQ FT
UNIT 4: 1,989 SQ FT UNIT 5: 2,040 SQ FT
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: _____________________ _
N/A
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
N/A
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: ________ _
N/A
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: ____________________ _
N/A
P-1(0) 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 □ ~
roads.
22. Change in pattern, scale or character of general area of project. □ itf
23. Significant amounts of solid waste or litter. □ ilf
24. Change in dust, ash, smoke, fumes or odors in vicinity. □ rJ
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ t!f
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, □ M
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, □ ilf
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ fL
31. Relationship to a larger project or series of projects. □ r!l
Environmental Setting
Attach sheets that include a response to the following questions:
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use {one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowledge and belief.
Date: -~-/_Z"'-"5~ ......... J ___ · 1 __ _
I • Signature: ~◄
For:
P-1(0) Page 4 of 4 Revised 07/10
tfinl
HOWES I WEILER I LANDY
Pl.ANNING I ENGINEERING
P-1 (D) Environmental Setting Description
Oak Avenue and Madison Street Townhomes Project
January 2019
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.
The project site located at the southeastern corner of Oaks Avenue and Madison Street, Carlsbad CA
is 0.18 acres (71929 square feet) and is currently an undeveloped and vacant property. Topography of
the built portion of the site is flat with an approximate elevation of 50 feet above sea level and consists
of mature landscaping surrounding the property. The property is located in heart of the Village of
Carlsbad and therefore has stable soils as well as plants and animals that are typical of an urban setting.
There are no permanent structures on the site and therefore, does not consist of any historical or
scenic aspects. Currently, a shed is located on the site and is approximately 40-50 sf in size. The photos
presented in Attachment 1 -Existing Site Photographs depict the current site setting.
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.
The project site is surrounded by single family and multi family uses to the west, south and east.
Commercial uses are located to the north and are consistent with typical uses found in the Village of
Carlsbad. There are both single-story and two-story structures surrounding the project site, all of which
conform to the development standards allowed. All the plants are typical landscaping for the Village
area and the animals in the area are typical with an urban setting. There are no cultural or scenic
resources surrounding the project site. The photos in Attachment 2 -Surrounding Site Photographs
depict the surrounding properties.
ll Page
t~
HOWESIWEllERILANDY
PUNNING & ENGINEERING
OAK AVENUE AND MADISON STREET TOWN HOMES PROJECT
Attachment 1 -EXISTING SITE PHOTOGRAPHS
Photo 1: Western side of project site from Madison Street. Photo 2: NW comer of project site from intersection of Oak Ave and Madison St.
Photo 3: Northern side of project site from Oak Avenue. Photo 4: NE corner of project site from Oak Avenue.
tiinil
HOWES IWEJU:R I LANDY Pl.ANNING & ENGINEERING
OAK AVENUE AND MADISON STREETTOWNHOMES PROJECT
Attachment 2 -SURROUNDING SITE PHOTOGRAPHS
Photo 1: Residential properties to the east of the project site. Photo 2: Commercial (Orthodontics) to the north of the project site.
Photo 3: Residential properties to the west of the project site. Photo 4: Residential properties to the south of the project site.
0 0
tML
HOWES I WEILER I LANDY
PLANNING & ENGINEERING
Trip Generation
Oak Avenue and Madison Street Townhomes
January 2019
Traffic demand from the proposed five townhomes was calculated using the "Condominium" rate of
8 trips per unit from the SAN DAG Traffic Generation Rate Table. Traffic demand is calculated as
follows:
Oak Avenue and Madison Street Townhomes Traffic Generation
USE RATE Units Pro osed ADT
Condominium 8/Unit 5 40
As shown in the table above, a Circulation Impact Analysis will not be required because, even when
calculated as a traditional retail store, the proposed project would generate 460 less ADT than the
500 ADT required to prepare the Circulation Impact Analysis.
2888 Loker Avenue East. Suite 21 7, Carlsbad. CA 92010 www.hwl-pe.com 760.929.2288
0 0
c·acyof
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 limit& 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 appllcatlon is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (I.e., clarlflcatlon
regarding a specific requirement or "1hether all requirements are necessary for your particular
application) please call (760) 602-461:~·
Applicant Signature: i li\--------··
I
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
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
E-34
I INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects, the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project. Depending on the
outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City
staff has responsibility for making the final assessment after submission of the development application. If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete. In this case, please
make the changes to the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application. Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
PROJECT INFORMATION
PROJECT NAME: Oak Ave. & Madison St. PROJECT ID:
ADDRESS: Southeast comer of Madison Street and Oak A venue APN: 201-031-01-00 AND 204-031-02-00
The project is (check one): ~ New Development D Redevelopment
The total proposed disturbed area is: 7,929 ft2 ( 0.1 8 ) acres
The total proposed newly created and/or replaced impervious area is: 6,088 ft2 ( 0.14 ) acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID SWQMP#:
Then, go to Step 1 and follow the instructions. When completed , sign the form at the end and submit this with your
application to the city.
E-34 Page 1 of 4 REV 02/16
...
STEP1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ [Z] or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my
project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If you answered "no" to the above Question , the project is a 'development project', ao to Step 2.
STEP2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; □ ~ b) Designed and constructed to be hydraulically disconnected from paved streets or roads;
c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets Quidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are ~esigned and constructed in □ [XI accordance with the USEPA Green Streets guidance?
3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ IX]
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark
the second box stating "my project is EXEMPT from PDP ... " and complete applicant information.
Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above Questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV 04/17
STEP3
TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )):
YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ !Kl
and public development projects on public or private land.
2. Is your project a redevelopment project creating and/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 □ IX] 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 and/or replaces 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 □ IZI
refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
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 twentv-five percent or greater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ IZI 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 and/or replaces 5,000 square feet or more
of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ ~ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the
transportation of automobiles, trucks, motorcycles, and other vehicles.
7. Is your project a new or redevelopment project that creates and/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 □ Ix]
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 commingled with flows from adjacent lands).*
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ IX] 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 or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ !Kl RGO 's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADTJ of 100 or more vehicles per day.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ Ix] and are expected to generate pollutants post construction?
11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
□ IX] impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC
21.203.040)
If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment
project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... "
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the
second box statinq "Mv project is a 'STANDARD PROJECT' ... " and complete applicant information.
E-34 Page 3 of 4 REV 04/17
. ·•· : : · · · · . . . · STEP 4' . : · ·.. . , .·. · , · .·
;.iq,.-#()t,fµ~P FM, REOEVt;t..o~ENT PROJec:rs THAT ARE PRIORITY r;>evaLo~,cr:~<rr.J.(~t. ::·::,{,::,:\ . .-:.'.' • .. :.<!·:· .. .. · · · . · ONtv :.. . . . · · ·.: -· .·.·.· ;. ·· : ·:. · .:·:_:'.,··.:·· ..
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50% of the surface area of the previously existing development? Complete the percent
impervious calculation below:
Existing impervious area (A)= ___________ sq. ft.
Total proposed newly created or replaced impervious area (B) = ___________ sq. ft.
Percent impervious area created or replaced (B/A)*100 = ____ %
YES NO
□ □
If you answered ·yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete
applicant information.
If you answered "no," the structural BMP's required for PDP apply to the entire developmenl Go to step 5, check the
check the first box stating "My project is a PDP ... • and complete aoolicant information .
..... · · , -·· . . . ·sreP& . .. , .. _.. :-·.·:·:.,~·.';···:, ...
. ., :·. .. .-. ; -~CK:THE A;PPROPRIATE.BOX ·AND COMPLETE AP.Pf,J~At'.ff INFORM.AT«>N1 .. • :.-•:.,, •·· ,
0 My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
lXJ My project ia • 'STANO.ARO PROJECT' OR EXEMPT from POP end must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. As part of these requirements, I wil submit a ·standard Project
Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project.
Note: For projects that are close to meeting the POP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name: __ D_k_R_e_a_lty ___ H_o.,..I~ __ in __ g_s ______ _
•I
Applicant Slgnature: _____ /_L _ _.V'-__ -_ ... _____ _
/
Applicant Title: _Ow_n_e_r~----------
Date: ____ ___,_/ _/~ __ 1,_{ f_·c __ l ____ _
• Envirormentally s-~ive Areas include but are not limited to all Crean Water Act Section 303(d) Impaired \Wier bodies; areas designated n .l'\re88 of Special
Biological Significance by the Stele Water Resources Control Board (Water Qua"ty 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 tor the san Diego Basin (1994) and
amendments}: areas designated as preserves or their equivalent under the Multi Species Conservatlon Program within !he Cities and County of San Diego; Habitat
Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City.
Th' Bo f◄ C' U O I IS !X or ity se n,y
YES NO
City Concurrence: □ □
By:
Date:
Project ID:
E-34 Page4 of 4 REV 04/17
( Cicyof
Carlsbad
STANDARD PROJECT
REQUIREMENT
CHECKLIST
E-36
-Project lnfonnation
Project Name: Oak Avenue and Madison Street
Project ID:
DWG No. or Building Permit No.:
Source Control BMPs
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See
Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to
implement source control BMPs shown in this checklist.
Answer each category below pursuant to the following.
• "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the
Model BMP Design Manual. Discussion/justification is not required.
• "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be
provided. Please add attachments if more space is needed.
• "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is
addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be
provided.
Source Control Requirement Applied?
SC-1 Prevention of Illicit Discharges into the MS4 Ill Yes □No D N/A
Discussion/justification if SC-1 not implemented:
SC-2 Storm Drain Stenciling or Signage □Yes □No Iii N/A
Discussion/justification if SC-2 not implemented:
No storm drain inlets or catch basins are being proposed.
SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind Iii Yes D No D NIA Dispersal
Discussion/justification if SC-3 not implemented:
E-36 Page 1 of 4 Revised 09/16
Source Control Reaulrement (continued) ADDlied?
SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and □Yes D No Iii N/A Wind Disoersal
Discussion/justification if SC-4 not implemented:
SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal Iii Yes D No 0 N/A
Discussion/justification if SC-5 not implemented:
SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and
identify additional BMPs. (See Table in Appendix E.1 of BMP Manual for ouidance).
□ On-site storm drain inlets □Yes 0 No Iii N/A
□ Interior floor drains and elevator shaft sump pumps □Yes D No Ill N/A
D Interior parking garages □Yes D No 111 N/A
□ Need for future indoor & structural pest control Iii Yes D No 0 N/A
□ Landscape/Outdoor Pesticide Use Iii Yes □No 0 NIA
□ Pools, spas, ponds, decorative fountains, and other water features □Yes ONo Iii N/A
D Food service D Yes □No Iii N/A
D Refuse areas □Yes □No 111 N/A
D Industrial processes □Yes 0 No 111 N/A
D Outdoor storage of equipment or materials □Yes D No Iii N/A
□ Vehicle and Equipment Cleaning □Yes D No Iii N/A
□ Vehicle/Equipment Repair and Maintenance □Yes □No Iii N/A
D Fuel Dispensing Areas □ Yes 0 No Iii N/A
D Loading Docks □Yes □ No Iii N/A
D Fire Sprinkler Test Water □Yes 0 No Iii N/A
D Miscellaneous Drain or Wash Water □Yes D No Iii NIA
D Plazas, sidewalks, and oarkino lots Iii Yes □No 0 N/A
For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers.
E-36 Page 2 of 4 Revised 09/16
Site Design BMPs
All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See
Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information
to implement site design BMPs shown in this checklist.
Answer each category below pursuant to the following.
• "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of
the Model BMP Design Manual. Discussion/ justification is not required.
• "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be
provided. Please add attachments if more space is needed.
• "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is
addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be
provided.
Site Design Requirement I Applied?
SD-1 Maintain Natural Drainage Pathways and Hydrologic Features I Iii Yes I □No ID N/A
Discussion/justification if SD-1 not implemented:
SD-2 Conserve Natural Areas, Soils, and Vegetation I D Yes I D No I Iii N/A
Discussion/justification if SD-2 not implemented:
SD-3 Minimize Impervious Area I Iii Yes I D No ID NIA
Discussion/justification if SD-3 not implemented:
SD-4 Minimize Soil Compaction I Iii Yes I □No ID N/A
Discussion/justification if SD-4 not implemented:
SD-5 Impervious Area Dispersion I Iii Yes I D No ID NIA
Discussion/justification if SD-5 not implemented:
E-36 Page 3 of 4 Revised 09/16
Site Design Requirement (continued) I Aoolied?
SD-6 Runoff Collection I Iii Yes I □ No I □ NIA
Discussion/justification if SD-6 not implemented:
SD-7 Landscaping with Native or Drought Tolerant Species I Iii Yes I □ No I □ N/A
Discussion/justification if SD-7 not implemented:
SD-8 Harvesting and Using Precipitation I □ Yes I □ No I Iii N/A
Discussion/justification if SD-8 not implemented:
E-36 Page 4 of 4 Revised 09/16
EQUITY TITLE COMPANY
123 CAMINO DE LA REINA.SUITE 100 WEST
SAN DIEGO, CA 92108
PHONE: (619) 574-5985 FAX: (619) 294-3298
DATE: SEPTEMBER 11, 2018
DK REAL TY HOLDINGS, INC.
4005 SUNNYHILL DRIVE
CARLSBAD, CA 92008
ESCROW NO.: Vl-23874-ELP
OUR NO.: SD1850936
PLEASE FIND ENCLOSED HEREWITH YOUR POLICY OF TITLE INSURANCE PER
YOUR REQUEST.
By: ANTHONY BRYANT, TITLE OFFICER
CL TA Standard Coverage Policy
C
Form No. 6084
California Land Title Association
Standard Coverage Policy Form -1990 (04-0S-14)
POLICY OF TITLE INSURANCE
ISSUED BY
INATIC
N01Tu•11c.vmm INSUIIANCECOMPANV
Policy No.: CA545-18-05024-01
Agent's file No.: 8D1850936
SUBJECT TO lHE EXQ.USIONS FROM COVERAGE, lHE EXCEPTIONS FROM COVERAGE CONTAINED IN
SO-IEDULE B AND THE CONDmONs AND STIPULATIONS, NORTH AMERICAN TITLE INSURANCE
COMPANY, a califomia corporation, herein called the Company, insures, as of Date of Policy shown in
Sd"ledule 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. Lade 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 WHEROF, North American Title Insurance Company has caused this policy to be signed and
sealed by its duly authorized officers as of Date of Policy shown in Sd"ledule A.
NORTH AMERICAN TITLE INSURANCE COMPANY
BY ~~5
AffiST~:7•#
Jefferson E. Howeth, SECRETARY
r..ued by No,tl, Amedcan Tltle Company•• •uthorlzed Agent
....,,,
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
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;
reason of:
1. (a) Arly 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 4.
(c) resulting in no loss or damage to the insured claimant;
(d)
(e)
attaching or created subsequent to Date of Policy; or
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.
Unenforceabllity 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.
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 5. lnvaHdity 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.
the public records at Date of Policy.
2.
3.
Rights of eminent domain unless notice of the exercise thereof has been recorded
in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
Defects, liens, encumbrances, adverse claims, or other matters:
(a)whether or not recorded in the public records at Date of Policy, but created,
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' right laws
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) '1nsll"ed": the insured named in Schedule A, and, slbject
to any lights 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, distributees,
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 such 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,
encll"nbrance, adverse claim or other matter insured against by
this policy as affecting tltle to the estate or interest in the land;
(ii) any governmental agency or governmental instrumentality
which is an Insurer or guarantor under an insll"ance 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.
(iv) Subject to any rights or defenses the Company would
have had against the named insured, (A) the spouse of an insured
who receives tiUe to the land because of dissolution of marriage,
(B) the trustee or successor trustee of a trust or any estate
planning entity created for the insured 1ll whom or to which the
insured transfers titie to the land after the Date of Policy or (C) the
beneficiaries of such a trust upon the death of the insured.
(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 B, 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 any public records as defined in this policy or
any other records which impart constructive notice of matters
affecting the land.
(f) '1and": the land described or referred to in Schedule (A),
and improvements affixed thereto which by law constitute real
property. The term "land" does not include any property beyond
the lines of the area specifically described or referred 1ll in
Schedule (A), nor any light, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, 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 instrll"nent.
(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) "unmarketabillty of the tiUe": an alleged or apparent matter
affecting the tiUe 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 tltle.
CONDITIONS AND STIPULATIONS
2. CONTINUATION OF INSURANCE.
(a) After Acquisition of TIiie: 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 or any
part of the estate or interest in the land by foreclosure, trustee's
sale, conveyance in lieu of foreclosure, or other lagal 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 law 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 a~ires 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 Tltle: 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 giwn by a purchaser from the insured, or only so
long as the insured shall have liability by reason of covenants
of 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 the 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 1ll 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 instrumentallty, W 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.
The insured shall notify the Company promptly in writing
(i) in case of any litigation as set forth in Section 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 tltle to the estate
or interest or the lien of the insured mortgage, as insured, and
which might cause loss or demage for which the Company may
be liable by 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 giwn to
the Company, then as to that insured all Nabillty 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 the insured and subject to the
options contained in Section 6 of these Conditions and
Stipulations, the Company, at Its own cost and without
unreasonable delll)', 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 encll"nbrance or
other matter insured against by this policy. The Company shall
have the light 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 tiHe to the estate or interest or the lien of the insured mortgage,
as insured, or to prewnt 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 lights 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 disaetion, 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, the insured shall secure 1ll 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 giw 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
nacessary or desirable to establish the title 1ll the estata or interest
or 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 lltigation, 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 provided the
Company, a proof of loss 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 proof of loss or damage shall
describe the defect in, or lien or encll"nbrance on the tltle, 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 1ll such insured under the policy shall terminate,
including any liability or obligation 1ll defend, prosecute, or
continue any litigation, with regard to the matter or matters
requiring such proof of loss 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, corraspondence 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
Iaued by North American T1tle Com,,.ny n 11uthor/zed Agent
C 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 perty, which reasonably pertain to the loss or damage. All
ir1ormation 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 a 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 para1raph, unless prohibited by law or
govemmental regulation, shall terminate any liability of the
Company under this policy as to that insured for that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTI.E CLAIMS;
TERMINATION OF LIABILITY.
In case a a claim under this policy, the Company shall have
the following additional options:
(a) to Pay or Tender Payment a the Amount of Insurance 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 contiooe 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 mede, shall terminate, including any liability
or obligation to defend, prosecute or continue any litigation.
(b) To Pay or OtherMse Settle With Parties Other than the
Insured or Wrth 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 (ii), the Company's obligations to
the insured under this policy for the claimed IOss 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. DETERl,INATION 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 desaibed.
(a) The liability of the Company under this policy to an insured
lender shall in no case exceed the least of:
(i) the Amount of Insurance stated in Schedule A, or, W
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 defecl, lien or encumbrance Insured against by this
policy.
(b) In the event the insured lender has acquired the estate or
interest in the manner desaibed in Section 2(a) of these Condrtions
and Stipulations or has conveyed the tiUe, then the liability of the
Company shall continue as set forth in Section ?(a) of these
Condrtions and Stipulations.
(c) The liability of the Company under this policy to an insured
owner of the estate or interest in the land desaibed In Schedule A
shall not exceed the least of:
(i) the Amount of 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
Condrtions and Stipulations.
8. LIMITATION OF LIABILITY.
(a) If the Company establishes the tiUe, or removes the
alleged defecl, lien or encumbrance, or cures the lack of a right of
access to or from the land, or cures the claim of unmarketability of
tiUe, 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 therefrom, rt
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 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 court of competent jurisdiction, and disposition
of all appeals therefrom, adverse to the tiUe, or, rt applicable, to the
lien of the Insured mortgage, as insured.
(c) The Company shall not be liable for IOss 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 for:
(i) any indebtedness aeated 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
(iQ construdion IOan advances made subsequent to Date of
Policy, except construction IOan advances made subsequent to
Date a 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
Poicy.
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 fl
the insurance pro lento. Howe-, as to an insured lender, any
payments made prior to the acquisrtion of tiUe to the estate or
interest as provided in Section 2(a) of these Conditions and
Stipulations shall not reduce pro lento 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 a 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 fl 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 fl insurance be greater than the Amount
of Insurance 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 fl 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 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 tiUe to seid estate or interest
in satisfaction of the indebtedness secured by an insured
mortgage.
11. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy
for endorsement of the payment unless the policy has been IOst or
destroyed, in which case proof a loss or destruction shall be
furnished to the satisfaction of the Company.
(b) When liabilrty and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and
Stipulations, the IOss or damage shall be payable within 30 days
thereafter.
12. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) Tbe Company"s Right of Subrogation.
\Mlenever the Company shall have setUed 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 entitied 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 perfecl this
ri171t of subrogation. The Insured claimant shall permit the
Company to sue, compromise or settle in the name fl 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 1he insured claimant the Company shall be subrogated (i) as
r-ued by North Amerlclln T1tle eom,,.ny •• •uthor/zed Agent
to an insured owner, to all rights and remedies in the proportion
which the Company's payment bears to the whole amount a 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 resutt 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, W any, lost to the Company by reason of the
impairment by the insured claimant of the Company's right of
subrogation.
(b) Tbe Insured'• Rights and Limltatlons.
Notwithstanding the foregoing, the owner of the
indebtedness secured by an insured mortgage, provided the
priority of the lien a 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 modWy 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.
\Mlen the permitted acts of the insured claimant occur and
the insured has knowledge of any claim of tiUe or interest
adverse to the tiUe to the estate or interest or the priority or
enforceability of the lien of the insured mortgage, as insured,
the Company shall be required to pay only that part a 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) Tbe Company's Rights Against Non-Insured
Obllgo111.
The Company's ri171t of subrogation against non-insured
obligors shall exist and shall include, without limitation, the
ri!11ts of the insured to indemnities, guaranties, other policies of
insurance or bonds, notwithstanding any terms or condrtions
contained In those instruments which provide for subrogation
ri171ts by reason of this policy.
The Company's right of subrogation shall not be avoided
by acquisrtion of the insured mortgage by an obligor (except an
obligor desaibed in Section 1(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 be an insured under this policy,
notwithstanding Section 1(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 Trtle
Insurance Arbrtration 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 of or relating to this policy, any service of the
Company in comection with Its issuance or the breach a a
policy provlSion 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
$1,000,000 shall be arbrtrated 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
effect at Date of Policy shall be binding upon the parties. The
award may include attorneys' fees only if the laws of the state in
which the land is located permrt 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 having jurisdldion
thereof.
The law of the srtus of the land shall apply to an arbitration
under the Trtle Insurance Arbrtration Rules.
A copy a the Rules may be obtained from the Company
upon request.
14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together wrth all endorsements, W 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 of loss 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 tiUe to the estate or interest covered
hereby or by any action asserting such dairn, shall be restricted
to this policy.
(c) No amendment of or endorsement to this policy can be
made except by a writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the Secretary,
an Assistant Secretary, or validating officer or authorized
signatory of the Company.
15. SEVERABILITY.
In the event any provision of this 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 giwm 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 it at
rts main office at 1855 Gateway Boulevard, Suite 600, Concord,
CA 94520.
I
II
NORTH AMERICAN TIRE INSURANCE COMPANY
Thanks ...
We want to express our appreciation of your faith in North American
Title Insurance Company.
This policy is valuable and may entitle you to a lower premium on
title insurance if you sell or refinance your property. We suggest
you keep it in a safe place where it will be readily available.
There is no recurring premium for this policy.
If you have any questions about your settlement or closing, contact
the office that issued your policy.
If you have any questions regarding your policy, you can write us at:
Or call us at:
North American Title Insurance Company
1855 Gateway Boulevard, Suite 600
Concord, California 94520
Western States: 800-869-3434
Eastern States: 800-37 4-84 75
r.ued by North American Title Com,,.ny a• authorized Agent
C
ORDER NO.: SD1850936
SCHEDULE A
POLICY NO. CA545-18-05024-01
ORDER NO. SD1850936
AMOUNT OF INSURANCE: $1,050,000.00
PREMIUM: $2,184.00
DATE OF POLICY: AUGUST 31, 2018 AT 8:00 AM
1. NAME OF INSURED:
DK REALTY HOLDINGS, INC., A CALIFORNIA CORPORATION
2. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
DK REALTY HOLDINGS, INC., A CALIFORNIA CORPORATION
3. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS:
AFEE
THIS POLICY IS VALID ONLY IF SCHEDULE B IS ATTACHED.
CL TA Standard Coverage Policy
ORDER NO.: SD1850936
SCHEDULE A (CONTINUED)
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOTS 15 AND 16, BLOCK 47 OF THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 15, 1894.
TOGETHER WITH THOSE PORTIONS OF MADISON STREET AND OAK AVENUE,
ADJOINING SAID LOTS 15 AND 16, AS VACATED AND CLOSED BY RESOLUTION NO. 2008-
038, OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, A COPY OF WHICH RECORDED
FEBRUARY 19, 2008 AS FILE NO. 2008-0083860, OFFICIAL RECORDS.
***END OF LEGAL DESCRIPTION***
CL TA Standard Coverage Policy
C
ORDER NO.: SD1850936
SCHEDULE B
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT
PAY COSTS, ATTORNEY'S FEES OR EXPENSES) WHICH ARISE BY REASON OF:
PARTI
1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE
RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS
ON REAL PROPERTY OR BY THE PUBLIC RECORDS.
PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR
ASSESSMENTS, OR NOTICES 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 LIEN FOR SERVICES, LABOR OR MATERIAL NOT SHOWN
BY THE PUBLIC RECORDS.
CL TA Standard Coverage Policy
0
SCHEDULE 8
PART II
0
ORDER NO.: SD1850936
A. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2018-2019, A LIEN NOT YET DUE
OR PAYABLE.
8. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5
COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE.
1. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC
RECORDS.
2. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES RESERVED IN THE
DOCUMENT RECORDED FEBRUARY 19, 2008 AS INSTRUMENT NO. 2008-0083860, OF
OFFICIAL RECORDS.
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS
MORE FULLY DESCRIBED IN SAID INSTRUMENT.
3. THE FAILURE OF THE MAP ATTACHED TO THIS POLICY TO SHOW THE SAME LOCATION
AND DIMENSIONS OF YOUR LAND AS THOSE SHOWN IN THE PUBLIC RECORDS.
4. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH WOULD BE DISCLOSED BY A
CORRECT AL TA/NSPS SURVEY.
5. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "HAZORDOUS
SUBSTANCE CERTIFICATE AND INDEMNITY AGREEMENT' RECORDED ON AUGUST 31,
2018 AS INSTRUMENT NO.2018-0359854, ALL OF OFFICIAL RECORDS
6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS
AMOUNT:
DATED:
TRUSTOR:
TRUSTEE:
BENEFICIARY:
RECORDED:
JJ.d
$577,500.00
AUGUST 28, 2018
DK REAL TY HOLDINGS, INC., A CALIFORNIA CORPORATION
NORTH AMERICAN TITLE COMPANY
CALWEST BANK
AUGUST 31, 2018 AS INSTRUMENT NO.2018-0359853, OFFICIAL
RECORDS
CL TA Standard Coverage Policy
FACTS WHAT DOES NORTH AMERICAN TITLE GROUP, LLC FAMILY OF COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some, but
not all, sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this
notice carefully to understand what we do.
The types of personal information we collect and share depend on the product or service you have with us. This information can include:
Social Security number and income
Transaction history and payment history
Purchase history and account balances
All financial companies need to share customers' personal information to run their everyday business. In the section below, we list
the reasons financial companies can share their customers' personal information, the reasons North American Title Group, LLC Family ;
of Companies ("NATG") chooses to share, and whether you can limit this sharing. i
··--"··-----------·-·--·-.,----_, --· ···-·-·-~----·-·"--~-~~ ....... ,_~,----------~,--~'"-··-~-~••s<-~,--~--··-·--~~-~··-·-------·-·-----·--~·-··--· -_ _1
Reasons we can share your personal information Does NATG share? Can you limit this sharing?
For our everyday business purposes -Such as to process your
transactions, maintain your account(s), respond to court orders and legal
investigations, or report to credit bureaus
_ Fo~ ~~~-~~rke~!~~ ~~~-o~e~ ~ to offer ~-~r-~r~~U,~t_s_an_d ~ervices to you .. ~.
For joint marketing with other financial companies i
For our affiliates' everyday business purposes -
information about your transactions and experiences
Yes
Yes
No
Yes
No For our affiliates' everyday business purposes -
information about your creditworthiness ~~r our a~liates ~o ~~rk~t to you _ _ .. ·1 . __ .. Yes
For nonaffiliates to market to you No
---~-·-·----. --~----------~-------~---------------·------·---------_____ .. ___ -~-· .~-.. _, ... ~~-,.--~ ·-_,, __ ~··-~---~
No
No
We don't share
No
We don't share
Yes
We don't share
' • Visit the following webpage for full instructions and a link to the Opt Out process via our NATTRACK system: www.nat.com/Opt-Out
• Mail the form below
Please note: If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you
, are no longer our customer, we continue to share your information as described in this notice.
However, you can contact us at any time to limit our sharing.
Call 1 (844) 654-5408
:}<---------------------------------------------------------------------------------------------------------------
Mail-in Form
If you have a joint account, your
choice(s) will apply to everyone
on your account unless you
mark below.
D Apply my choices only to me.
MailTo:
Mark any/all you want to limit: D Do not allow your affiliates to use my personal information to market to me.
Name
Address
City, State, ZIP
Account#
North American Title Group, LLC Family of Companies
ATTN: General Counsel
760 Northwest 107th Avenue, Suite 400
Miami, FL 33172