The URL can be used to link to this page

Home My WebLink AboutCUP 00-24; BATIQUITOS LAGOON TELECOM SITE; Conditional Use Permit (CUP)bqu1 : CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) (FOR DEPARTMENT USE ONLY( O Administrative Permit - 2nd 0 Planned Industrial Permit Dwelling Unit 0 Administrative Variance Q Planning Commission Coastal Development Permit Conditional Use Permit C Dp C' u pOoov- 0 0 Determination Precise Development Plan Redevelopment Permit O Condominium Permit 0 Site Development Plan O Environmental Impact 0 Special Use Permit Assessment O General Plan Amendment 0 Specific Plan O Hillside Development Permit Toiitotivo Parcel Map Obtain from Engineering Department O Local Coastal Plan Amendment Tentative Tract Map 0 Master Plan 0 Variance 0 Non-Residential Planned 0 Zone Change Development o Planned Development Permit 0 List other applications not specified 2) ASSESSOR PARCEL NO(S).: - 1/30—/o 3) PROJECT NAME: BatiqoiJrs k.c3jOO P1 - 4) BRIEF DESCRIPTION OF PROJECT h/&1flcjfefeL1orflmafl icthoijs ac /i-f,j I4odiñoi'iori Idd DjttiO7J r& now(.fd wiTh ex/6lmq 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) Lb r'ite S ch rtber roup1 L Air1ch Ce!kdar . dba Verizn Jiiderss MAILING ADDRESS MAILING ADDRESS Igc ) (&rnir RaJ, Sw 1Z2- 55 lro Sorrenlz Pba 5oo CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP PHONE . \ D i & C 99/ S 14-c-5157 San Dioo CA q2.12 I CERTIFY THAVI AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAi' I AM THE LEGAL REPRESENTATIVE OF THE INFORMATION I. UE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOWLEDGE., CORRECT TO THE BEST OF MY KNOWLEDGE. DA$Y ATOeE 9GNATUAE DATE \ 7) BRIEF J V LEGAL DESCRIPTION Orbbd NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Oe"aof Form 16 . PAGE 1OF LOCATION OF PROJEC• 113c Avnd STREET ADDRESS ON THE 1 SIDE OF I Avenida Cxc4tla (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN AND (NAME OF STREET) (NAME OF STREET 9) LOCAL FACILITIES MANAGEMENT ZONE I 10) PROPOSED NUMBER OF LOTS 11) NUMBER OF EXISTING i 12) PROPOSED NUMBER OF RESIDENTIAL UNITS RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION 14) PROPOSED IND OFFICE/ 15) PROPOSED COMM SQUARE FOOTAGE AJ1 SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED 117) PROPOSED INCREASE IN 181 PROPOSED SEWER PROJECT IN OPEN SPACE ADT AJA USAGE IN EDU 19) GROSS SITE ACREAGE 22) EXISTING ZONING I I 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING E~1) / PROPOSED GENERAL _ PLAN DESIGNATION I'm! 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENFRVR THIS PURPOSE FOR CITY18 ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED RECEIVED u/i'! 15 2000 RECEIVED BY: TOTAL FEE REQUIRED I &atl kyv DATE FEE PAID RECEIPT NO: I I Form 16 PAGE 2 OF c C&p1 of Carl sbad N Plann ing DISCLOSURE STATEMENT 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. 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, title, 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 cornoration, include the names, titles, and addresses of the corporate officers. (A separate!page may be attached if necessary) (kir1iaC1i CLLLa.Y 1&1 Person M/Pc ,to/Part thizii WirIesc Title Title________________________________________ Address Address O355 Mith c?rr/iifb P1 tfW t> (A q2_12-1 2. OWNER (Not the owner's agent) 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 cori,oration or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part £)iVIwe $di ri hei Title Title______________________________________ Address Address )d q Q c El &m in, RtaJ 1b55 1-araday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600. FAX (760) 602-8559 3. NON-PROFIT &ANIZATION OR TRUST 0 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 $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s):____________________________________ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. .. A;,. Tu.d jjIrdbz 1I' 20V1 w1(et L1L - q Signature of owner/date Signature of applicant/date kir1ouc 6LWiat" ene' 4- çfrs 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 H:ADMIN\COUNTER\DISCLQSURE STATEMENT 5/98 Page 2 of 2 0 I JUN-14-00 WD 10:36 A( AUTOUCH (NTW)() PAX NO, 619625753 P. 3 3 NON-PROfl7ORGAlIZAT1ON OR TRUST If any person idontifled pursuant to (I) or (2) above is a nonprpflt ot ag.jUliM or iflict list the nimeb and fiddrtang of 4Y- prn WAng 96 99 0019V 'Or dirtgr çf 010 R911-pr9fit orgartizatioñ or as trustee or benchiciary of the, Non Pz'ofWtust Non ?iofiuTnst____________________ Title__ ''jtle Address 4. Have you had nore than S250 worth of business transacted with any ncrnber of City staff. Boards. Cosrtmiuions. Committees andInr Council within the pest twelve (12) month? D Yes No If yes, please indicate person(s): -: NOT: Attach additional sheets if necessary. I certify that all the above hforrnation is the and correct to the best of my knowledge. V ,- r rTc2LLl (JjL&.UrdM U 20YL w(et 4 #M&f4/t Signarure of ovmerldme Signature o(appllcanifdate r1OcCi (.U4tV - ?e Mr'j- Aith Print or type name of owner Print or type name of applicant Print or "*name of owner/applicant's agent *Donahue Schriber Asset Management Corporation, a Delaware Corporation on behalf of Donahue Sciriber Realty Group L.P., a Delaware Limited Partnership .7,-, TOI f4 IR TATl.IFJ1 eoaid-os 3nHUNOCI Wci9t : TO 00, VT 4flf PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Batiniitos Lagoon APPLICANT NAME: AirTouch Cellular dba Verizon Wireless 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: Airlouch Cellular proposes to add 5 antennas to an existing previously approved telecommunications facility. These new antennas would be mounted within the existing walls of the center the same as the existing 10 antennas. These will be invisable to the eye. Project Description 10/96 Page 1 of 1 JUN-:-OC' FR 1:O4 Alf AIEjCE 4777 Mercury Street San Diego, California 92111 September 12, 1991 Mr. Van Lynch Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, Ca. 92009-4859 (NETh'K) FAX NO. 619E25769 F, PAC a 1 "VA1 1L Cellular A Pacic Ulna Company LUP EceFJcm Dear Mr. Lynch: Recently City staff had made a determination that a Conditional Use Permit would not be required for a proposed telecommunications facility at 7130 Avenida Encinas. Upon your approval, the proposed communications facility will be located within the bell tower of Poinsettia Village shopping center. PacTel cellular intends to install antennas in between the building walls so that the communications facility can not be viewed from any angel (See the attached set of concept drawings). Your signature below is requested to confirm PacTel Cellular's interpretation. Should you need any additional information please contact me a 467-6255. Sinjerely, t J\Llie Huddle "—P€r Manager anager PacTel Cellular Co firmed, Lync Planning Department City of Carlsbad cc: Batiquitos File JUll-2D0 FRi 10:04 M (NEThK w Msro FAX E. 616257693 P. 2 . -N - t SEE _ MAP %(ç \NyMAF - 5 r!1 SEE MAP CELL #65 BATAQUITOS 15 North to Poinsettia, West on Poinsettia to Avenida Encinas, South to the shopping center. 7130 AVENIDA ENCINAS, SUITE 105A CARLSBAD, CA 92009 '3 1~ . jr 5c. 1/ ft&,4hJc 4d74tVI 4WLMd *fS? r #ctIA I'S ;WA 11 NOTE £ 4 lIC,ft'OC, AC13S 4* ?dfl'f 4 LLIP /1 Hi4P 4tVID 1,431/17* /44*174' ( !O 41 3FF $,44 SF fIt '!$VM"V PA -ft A fIr #, ,. pirp.'rirt 1)"117.1W fI.' /F44 4'! /,L.Fcr. *.'y $!f#j'.'r Z1'ID i4 iS A j44,44 ,!f4...g7 w117' 4'! sS41fd 347 f.4/ AS C..flPSI fl,rrr ,4 n ARC EL MAP NO. 0187 SHEET 3 OF 3 SHEETS '0. MINOR SUBDIVISION NO.729 IN THE CITY OF CARL S8AD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA IJ... Al " .!. 4$Q• £. 4..d2 AVENIDA V t . '\ DETAIL A (R4i32—J2) 300 )CALL . / --&: d 14 Ql~ 4011z— Ir fe of ski ji 4t go ______ • 1 S 1\/2 , Qi) L4 âZ /w9,cA,f, 4iV I 4—flu flte a..4S.L..gsr N \ jjk r -aA 7T I •r. 5 / I!!! 47•,g j I • ,, r ______ ______ .-,, N -z I ,-'- ' pi N N v 7 14 dr __________________________ s.--i - I 45 4 '7 • ' -, - - - rLdAWa y 4PI/'O 4 4Z4, SF! j. I'll JJ :3:. .. 44'.4S 'F •.-J'H w- y - N r'iT N 3O/3'4'W 16j 1, H dd/3'4tld i'4• 4' 44 44'/'F - 4 45•JJ 43'4 _______ (44 3 , •rw jj4 ii I "-r , ,. N 4451- _''-'fiI ... ______ :r.. ..'-_s ' 4 4 S' ' '• 7• £'," , .3.I ' .I ' 4. .00 ;12 3/3/ I 53 45 53 'I -V (4.ZJ 49--d T ___ - 44 13' 44 iv 47-10 ••,•, 08 4I',4 /11 /344 Irj • 33'J '4 214-7 ___ ,3, /( I 1440 jfls.si - 04114 x-a.,s L4dn I 3•i'•"•; '.I 4'4.•.113'-f ______ ______ - ..- -. • '•'-4. i'7, 00 11 . . balqc46 City of Carlsbad INSTRUCTION SHEET FOR FILLING OUT ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I This Environmental Impact Assessment (ETA) Form - Part I will be used to determine what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Recent judicial decisions have held that a "naked checklist," that is checklist that is merely checked "yes" or "no," is insufficient to comply with the requirements of the California Environmental Quality act. Each "yes" or "no" answer must be accompanied by a written explanation justifying the "yes" or "no" answer. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form - Part H. 1635 Faraday Avenue • Carlsbad, CA 92008-7314. (760)602-4600. FAX (760) 602-8559 . S ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I (TO BE COMPLETED BY THE APPLICANT) CASE NO:_________________ DATE RECEIVED:________________ (To be completed by stoffi BACKGROUND 1. CASE NAME: 2. APPLICANT: A Ct I (LtICt1 dbo Ku m)n LVI rdtisS 3. ADDRESS AND PHONE NUMBER OF APPLICANT:'T)S7!) t-'i (ô rr(11v Pl ace, an DIg), (A g2121 4. PROJECT DESCRIPTION:Mt)(I (CcI fIpfl z an 6X(St1n3 Dr' n GPflT vd -tp le (-rmni Lv7 I (c2 hcj' &?(J Ithi ar1-evw1? sec 1z,- (nenii) ux rent exIsi7i1c (i*) j!g &rs. ccnceôlcd vvi*hiri y,str' bldg vivo us SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Please check any of the environmental factors listed below that would be potentially affected by this project. This would be any environmental factor that has at least one impact checked "Potentially Significant Impact," or 'Potentially Significant Impact Unless Mitigation Incorporated" in the checklist on the following pages. [1 Land Use and Planning F] Populationand Housing []Geological Problems 0 Water [I] Air Quality [I]Transportation/circulation [j] Biological Resources [J Energy & Mineral Resources 0 Hazards []Noise F] MandatoryFindings of Signil [J Public Services [I] Utilities & Service Systems [I] Aesthetics II] Cultural Resources 0 Recreation icance 1 Rev. 03/28/96 . ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. "Potentially Significant Impacf' is appropriate if there is substantial evidence that an effect is significant. Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but aH, potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EW are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EW if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 2 Rev. 03128/96 . . If there are one or more potentially significant effects, the City may avoid preparing an FIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. An EIR must be prepared if 'Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier FIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 3 Rev. 03/28/96 . Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Sign ifican Impact Impact Unless t Impact Mitigation I. LAND USE AND PLANNING. Would the proposal:. Incorporated a) Conflict with general plan designation or zoning? [I] [I] [j] [j' (Source #(s): ( ) b) Conflict with applicable environmental plans or [] [] [] [/ policies adopted by agencies with jurisdiction over the project? ( ) c) Be incompatible with existing land use in the vicinity? El LI U d) Affect agricultural resources or operations (e.g. impacts [J U U [}' to soils or farmlands, or impacts from incompatible e) land uses? ( ) Disrupt or divide the physical arrangement of an LI LI LI [LY established community (including a low-income or minority community)? ( ) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local M [J [J 1IZ population projections? ( ) b) Induce substantial growth in an area either directly or LI LI LI [.3 indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? C ) c) Displace existing housing, especially affordable [] F71 ifi. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) [] [] C] b) Seismic ground shaking? ( ) [] [] [] [?1 c) Seismic ground failure, including liquefaction? [] [] C] d) Seiche, tsunami, or volcanic hazard? [I] [I] [] e) Landslides or mudflows? ( ) [1] [1 [] I) Erosion, changes in topography or unstable soil [1 [] C] [a" conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? ( ) [J {I] [] Er h) Expansive soils? ( ) [J [j] [] [' i) Unique geologic or physical features? [j] [] C] IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the C] LI LI] 2' rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards C] C] LI [3' such as flooding? ( ) c) Discharge into surface waters or other alteration of [] LI LI [I?I' surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ( ) 4 Rev. 03/28196 . Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact Impact Unless C Impact Mitigation d) changes in the amount of surface water in any water [] Incorporated [1] 0 [I1' body?( ) e) Changes in currents, or the course or direction of water [1] [] [v movements? ( ) f) Changes in the quantity of ground waters, either [] [] [' through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) g) Altered direction or rate of flow of groundwater? [I] [I] [] [iY h) Impacts to groundwater quality? ( ) [] [1 [a" i) Substantial reduction in the amount of groundwater [] 0 0 otherwise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an 0 0 existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? [] [J [] c) Alter air movement, moisture, or temperature, or cause [] [] [] d) any change in climate? ( ) Create objectionable odors? ( ) LI LI [II [EI" VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? [] [] [I] [i]" b) Hazards to safety from design features (e.g. sharp [] [] [I curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ( ) c) Inadequate emergency access or access to nearby uses? El liii] LI El" d) Insufficient parking capacity on-site or off-site? [] [J [] e) Hazards or barriers for pedestrians or bicyclists? [] [] [] f) Conflicts with adopted policies supporting alternative [] LI LI [l transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? [] [] [I VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats [] [J [] (including but not limited to plants, fish, insects, animal s,and birds?( ) b) Locally designated species (e.g. heritage trees)? [] [' 5 Rev. 03/28/96 . . Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Sig nifican Impact Impact Unless t Impact Mitigation c) Locally designated natural communities (e.g. oak [] Incorporated [j] U [1 forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? [1] [1 [j] e) Wildlife dispersal or migration corridors? [] [] [] VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? U U [I] 21 b) Use non-renewable resources in a wasteful and LI U U Li" C) inefficient manner? ( ) Result in the loss of availability of a known mineral U U U resource that would be of future value to the region and the residents of the State? ( ) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous U U U substances (including, but not limited to: oil, pesticides, chemicals or radiation)? ( ) b) Possible interference with an emergency response plan LI U U [T C) or emergency evacuation plan? ( ) The creation of any health hazard or potential health U U U d) hazards? ( Exposure of people to existing sources of potential U U U [l3" health hazards? ( ) e) Increase fire hazard in areas with flammable brush, U U U grass, or trees? ( X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) 0 U U b) Exposure of people to severe noise levels? U U U [a" M. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government a) services in any of the following areas: Fire protection? ( ) U U [11 [a" b) Police protection? ( ) U [1 U [T c) Schools? ( ) U U U d) Maintenance of public facilities, including roads? U U U e) Other governmental services? ( ) U U U EY XIL UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? ( ) U U U IIX' b) Communications systems? ( ) U U U 6 Rev. 03/28/96 . . Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact Impact Unless t Impact Mitigation c) Local or regional water treatment or distribution [] Incorporated facilities? ( ) d) Sewer or septic tanks? ( ) [I] [1] [] e) Storm water drainage? ( ) L III] L] [T' f) Solid waste disposal? ( ) [I] [I] [I] g) Local or regional water supplies? ( ) [] [11 [1] XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? fl [J D b) Have a demonstrate negative aesthetic effect? U U U c) Create light or glare? ( ) U U U VV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( ) U 111 liii b) Disturb archaeological resources? ( ) [J [J [j] [}/ c) Affect historical resources? ( ) [] III [I] d) Have the potential to cause a physical change which E] El] El] would affect unique ethnic cultural values? ( ) e) Restrict existing religious or sacred uses within the [] [1] [1] potential impact area? ( ) XV.RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional [II [] [j] Ll parks or other recreational facilities? ( ) b) Affect existing recreational opportunities? [] [] [1] XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the [] [I] [] [r quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 7 Rev, 03/28/96 . . Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated b) Does the project have impacts that are individually [I] E] [I] limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will [j] [j] cause the substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 8 Rev. 03/28/96 . . DISCUSSION OF ENVIRONMENTAL EVALUATION Please use this area to discuss any of the environmental factors that were checked "No impact" yet lack any information citations and any factors that were checked "Potentially Significant Impact" or 'Potentially Significant Impact Unless Mitigation Incorporated." The City has adopted a "Statement of Overriding Consideration" with regard to air quality and circulation impacts resulting from the normal buildout according to the General Plan. The following sample text is intended to guide your discussion of the impacts to these environmental factors. AIR OUALITY: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master FIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Final Master FIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. CIRCULATION: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City's adopted Growth Management performance standards at buildout. 9 Rev. 03/28/96 . . To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. LIST OF MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) 10 Rev. 03/28/96 LAWYERS TITLE COMPANY 4542 Ruffner Street, Suite 200, San Diego, CA 92111 Telephone (858) 278-4171 PRELIMINARY REPORT Horizon Wireless 5355 Mira Sorrento Place #500 San Diego, CA 92121 Attention: Renee Madden-Andrus Escrow Officer: Telephone: 625-7672 Fax: 625-7693 Your No.: 7130 Avenida Encinas Property Address: Our No.: 276656-02 Title Officer: Andre Pitchford, X4417 or 418 Title Unit's FAX (858) 279-8914 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, LAWYERS TITLE COMPANY, a California Corporation, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation 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 in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stip- ulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached Exhibit 1. 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 in Schedule B of this report and the exceptions and exclusions set forth in the cover sheet attached to 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 conditions of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT S (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. LIA Preliminary Report (Rev. 1-1-95) ORDER NO.: 276656-02 SCHEDULE A Date of Report: 05/16/00 at 7:30 A.M. The form of policy of title insurance contemplated by this report is: 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE as to Parcel A; AN EASEMENT as to Parcel B. 2. Title to said estate or interest at the date hereof is vested in: Donahue Schriber Realty Group, L.P. and Poinsettia Associates, a California general partnership, as their interest appears of record, subject to Item No. 20 of Schedule B. 3. The land referred to in this report is situated in the State of California, County of San Diego , and is described on the attached Exhibit A. ORDER NO.: 276656-02 EXHIBIT A (LEGAL DESCRIPTION) Parcel A: Parcel 4 of Parcel Map No. 15187, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, March 28, 1988 as File/Page No. 88-140044 of Official Records. Excepting therefrom all mineral rights not heretofore otherwise conveyed or reserved by Grantor, including without limitation all oil, gas, hydrocarbon and similar rights, and all water, water rights, geothermal steam and steam power, within or underlying the real property herein conveyed, together with the perpetual right of development thereof; provided, however, that the rights herein reserved and excepted to not include the right to enter upon the surface and the top 500 feet of the subsurface of the real property herein conveyed as reserved by Occidental Land and Development Corporation, recorded July 21, 1981, as File/Page No. 81-228252 of Official Records. Reserving therefrom non-exclusive easements as more particularly described in the operation and reciprocal easement agreement dated June 1, 1988, executed by Poinsettia Associates, a California limited partnership, and Federal Department Stores, Inc., a Delaware corporation, recorded June 6, 1988 as File/Page No. 88-267194 of Official Records. Parcel B: Non-exclusive easements encumbering Parcels 1-3, 5 and 14 of Parcel Map No. 15187, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, March 28, 1988 as File/Page No. 88-140044 of Official Records, as more particularly described in the operation and reciprocal easement agreement, dated June 1, 1988; executed by Poinsettia Associates, a California limited partnership, and Federated Department Stores, Inc., a Delaware corporation, recorded June 6, 1988 as File/Page No. 88-267194 of Official Records. END OF SCHEDULE A ORDER NO.: 276656-02 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2000-2001 which are a lien not yet payable. 2. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 3. Easements and right of way for road and public utilities, and appurtenances thereto, as reserved and conveyed by various deeds of record. Affects: Easement Parcel B Any interest existing by virtue of covenants, conditions and restrictions and easements herein shown, have not been examined or traced beyond the dates of the instruments creating the same. 4. Covenants, conditions and restrictions as set forth in the document Recorded: July 21, 1981 as File/Page No. 81-228252 of Official Records. NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. 5. An agreement to which reference is hereby made for full particulars Dated: October 7, 1982 By and between: R.C. Jewett Company and Cecil Smith Regarding: covenant and agreement for payment of a public facilities Recorded: October 21, 1982 as File/Page No. 82-323922 of Official Records 6. Covenants, conditions and restrictions as set forth in the document Recorded: December 29, 1983 as File/Page No. 83-475374 of Official Records. NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. ORDER NO.: 276656-02 SCHEDULE B (continued) 7. An easement for the purposes shown below and rights incidental thereto as shown or as offered for dedication on the recorded map shown below. Map No.: 10829 Purpose: drainage Affects: Parcel 4 as shown on Parcel Map No. 15187 B. An agreement to which reference is hereby made for full particulars Dated: October 7, 1983 By and between: Group VI, a California limited partnership, Sealfiuff Associates, a California joint venture, et al Regarding: construction and use of desiltation and retention basin and traffic improvements Recorded: February 6, 1984 as File/Page No. 84-045340 of Official Records 9. An easement for aerial and underground public utilities and purposes incidental thereto as granted to San Diego Gas and Electric Company, by deed recorded August 6, 1984 as File/Page No. 84-297511 of Official Records. Affects: The exact location and/or extent of said easement is not disclosed in the public records Reference is made to said document for full particulars. 10. The effect of a Resolution of the City Council of the City of Carlsbad, establishing a bridge and thoroughfare district to finance the costs of major public bridge improvements, recorded August 19, 1986 as File/Page No. 86-356638 of Official Records. 11. An agreement to which reference is hereby made for full particulars Dated: August 26, 1986 By and between: Poinsettia Associates and the City of Carlsbad Regarding: hold harmless agreement (drainage) Recorded: December 17, 1986 as File/Page No. 86-593787 of Official Records 12. An easement for aerial and underground public utilities and purposes incidental thereto as granted to San Diego Gas and Electric Company, by deed recorded October 20, 1987 as File/Page No. 87-590531 of Official Records. Affects: The exact location and/or extent of said easement is not disclosed in the public records Reference is made to said document for full particulars. ORDER NO.: 276656-02 SCHEDULE B (continued) 13. The fact that the Parcel Map referred to in the legal description herein contains various provisions pertaining to the improving or developing of the property herein described. Reference is made to said map for full particulars. 14. An easement for public utility and general access and incidental purposes, as shown on said Parcel Map No. 15187. 15. An easement for drainage, public utility, general access and incidental purposes, as shown on said Parcel Map No. 15187. 16. An easement for aerial and underground telegraph, telephone, and communication structures and purposes incidental thereto as granted to Pacific Telephone and Telegraph Company, by deed recorded May 31, 1988 as File/Page No. 88-254904 of Official Records. Affects: The exact location and/or extent of said easement is not disclosed in the public records Reference is made to said document for full particulars. 17. An agreement to which reference is hereby made for full particulars Dated: June 1, 1988 By and between: Poinsettia Associates, a California limited partnership, and Federated Department Stores, Inc., a Delaware corporation Regarding: operation and reciprocal easement Recorded: June 6, 1988 as File/Page No. 88-267194 of Official Records The First Amendment and -Restatement of Operation and Reciprocal Easement Agreement was recorded December 30, 1988 as File/Page No. 88-574762 of Official Records. Secondary Operating Agreement as recorded March 27, 1989 as File/Page No. 89-154614 of Official Records. Reference is made to said document for full particulars. 18. An unrecorded Lease with certain terms, covenants, conditions and provisions set forth therein Lessor: Poinsettia Associates, a California general partnership Lessee: Pactel Cellular, a California Corporation Disclosed by: memorandum of lease agreement Recorded: November 5, 1991 as File/Page No. 1991-0608235 of Official Records ORDER NO.: 276656-02 SCHEDULE B (continued) An agreement to which reference is hereby made for full particulars Dated: November 7, 1991 By and between: Metro North State Bank, a Missouri Banking Corporation, Poinsettia Associates, a California General Partnership and Pactel Cellular, a California Corporation Regarding: consent, non-disturbance and attornment Recorded: November 25, 1991 as File/Page No. 1991-0608236 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 19. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County: San Diego Fiscal Year: 1992 Taxpayer: Poinsettia Associates County Identification No.: 938322 Amount: $8,713.10 Recorded: August 18, 1993 as File/Page No. 1993-0538620 of Official Records 20. An agreement to which reference is hereby made for full particulars Dated: January 16, 1998 By and between: Poinsettia Associates, a California general partnership and Donahue Schriber Realty Group, L.P., a Delaware limited partnership Regarding: Memorandum of Agreement Recorded: April 7, 1998 as File/Page No. 1998-0193802 of Official Records 21. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $175,000,000.00 Dated: April 22, 1998 Trustor: Donahue Schriber Realty Group, L.P., a Delaware limited partnership Trustee: Stewart Title Guaranty Company, a Texas corporation Beneficiary: BankBoston, N.A. a National Banking Association Recorded: May 1, 1998 as File/Page No. 1998-0252492 of Official Records Affects: The herein described land and other land. ORDER NO.: 276656-02 SCHEDULE B (continued) 22. An assignment of all the monies due or to become due as rental, as additional security for the obligations secured by deed of trust Recorded: May 1, 1998 as File/Page No. 1998-0252492 of Official Records Assigned to: BankBoston, N.A., a National Banking Association By Assignment Recorded: May 1, 1998 as File/Page No. 1998-0252493 of Official Records Affects: The herein described land and other land. 23. A financing statement filed in the office of the County Recorder, showing Debtor: Donahue Schriber Realty Group, L.P. Secured Party: BankBoston, N.A. Date: not shown Recorded: May 1, 1998 as File/Page No. 1998-0252494 of Official Records Property Covered: said land Affects: The herein described land and other land. END OF SCHEDULE B EXCEPTIONS IMPORTANT INFORNATION PLEASE REFER TO THE RNOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. Note No. 1: The company will require satisfactory evidence of the authority of the artificial/statutory entity(ies) to complete the contemplated transaction. ORDER NO.,: 276656-02 SCHEDULE B (continued) Note No. 2: Property taxes for the fiscal year shown below. For proration purposes the amounts are: Fiscal year: 1999-2000 1st Installment: $7,721.20 paid Penalty: $none 2nd Installment: $7,721.20 paid Penalty: $none Exemption: $none Land: $611,118.00 Improvements: $814,824.00 Personal Property: $none Code Area: 09027 Assessor's No: 214-430-16-00 NOTE: Please be advised that the Company will require that the beneficiary or beneficiaries sign an estimated closing cost statement (B1JD-1) any time the Company is presented for payoff a net proceeds demand or a demand in which the beneficiary or beneficiaries are accepting for payoff less than the total amount owed. ORDER NO.: 276656-02 SCHEDULE B (continued) NOTICE 1. EFFECTIVE JANUARY 1, 1990, ASSEMBLY BILL 512, ENACTED AS CHAPTER 598, WILL ADD SECTION 12413.1 TO THE CALIFORNIA INSURANCE CODE DEALING WITH THE "GOOD FUNDS" ISSUE. FUNDS DEPOSITED BY: 2. CASHIER'S CHECKS, CERTIFIED CHECKS, AND TELLER'S CHECKS WILL BE AVAILABLE FOR NEXT DAY DISBURSEMENT BY DRAFT OR CHECK. 3. ELECTRONIC TRANSFER ("WIRED FUNDS") WILL BE AVAILABLE FOR SAME DAY DISBURSEMENT. 4. ALL OTHER TYPES OF CHECKS WILL NOT BE AVAILABLE FOR DISBURSEMENT UNTIL THE DAY PROVIDED IN REGULATION CC ADOPTED BY THE FEDERAL RESERVE BOARD OF GOVERNORS. 5. SHOULD YOU HAVE ANY QUESTIONS IN THIS REGARD, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. FOR YOUR INFORMATION, EFFECTIVE MONDAY, APRIL 4, 1994, OUR WIRING INSTRUCTIONS WILL BE AS FOLLOWS: UNION BANK 530 NBN STREET SAN DIEGO, CA 92101 ABA #122000496 ACCOUNT #9120000257 CREDIT: LAWYERS TITLE TRUST ACCOUNT REF: ORDER NO..____________ TITLE OFFICER END OF SCHEDULE B (4 '4•3 5rViVFtD leg 13431 151 .3'I 7554 :R NC 7!- PARCEL AP NO. 15187 SHEFT 2 OFJ SHEETS MINOR -SUBDIVISION , NO-72.9 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. BASIS OF BE.4RINGS rio •stic as fflSi9S 51e 7W'l MS. I, vHFNOTE.at RlAN/P INC'N'f SI NI Pt zzNlFf IHW PLAT IS FOR YOUR AID IN LOCATING YOUR LAND WITH ii ta,,q arasa-gas' rvaT 5111A71HI -Zf-lrf 1q14 51, 1, /si',a 'f"•" "'' 'i" '' 1'S EFERENCE TO STREET AND OTHER PARCELS WHILE THIS PLAT IS LEGENO ' "• '' "'i" BELIEVED TO BE CORRECT, THE COMPANY ASSUMES NO LIABILITY 1.5 SHIl 115,5 NsINr1 459 Wi4 c.n,,s '3t5 MVII 4545 I flR ANY LOSS OCCURRING BY REASON OF RELIANCE THEREON A f,---i IIIWO 5M/5aW flIt IWI$t9 4(1 57F33 0 XtT'l5 1145 115 SaSh -/1i 51145$ s/sIrs 4v&MIW9,Vt5I54' —15015457$ #IZCi( 41# 1VI5y NL4 wrsz,s, I iF CIHSISS WILl 11 MI41/#44V1)5 WITS Nml FR #9 sex3515/ (5, For osciIcr 5/1.1' $11.1 9,505 54 $4 Cs, a. SM M )ao.1,'aer ',g5j NOTE "5 1'jIfgq 5/511159 =Ad, at A U PHI laSirl - PsIfErsyf Iv ) 07, 41 J, _•i_i•"l••-H'••••'• - 71 •'' ;i-:' u..i LIP A *M"45j43 I' ,( rHivipt 4clEsI tMslWMI• IVIP It iWI Ci*1H4Q ZtsNIv36!1 ist'I a, ,* fl.IAI,,v .w.'svv is r 1(5 ri'tIr 3 II? (1I57V5 Z411 11.,T It 14Yi'4l .*9 ralNIUl '24IIi7 #NW ss Na 4P%,r(,rp7 ii -h Soo ~31 AS 35M1 .4'S ari.r4 11445. - U iiV7 N. 5 4Ccis 5l1/NlMIfH49 ?* rvt 57457 # I11'44W4 rH 9ls..v4'qp .1Y5' .INI F 11, issi ss 414• 10544 51.. ,,f,,'a,444f 5/15411 P5( ItisIgo SC 144 '15 ,i511 VIII -H--- L -•--- '-- -- VI SH1M4K5 415 #3435 fl4'4fl 55 If RPI4D4 XKAbW pla'.MI'tD ViNCI iIigAU VIC!NITY MAP - SOWI IL(N4r.4' - 1)T- 74'II°aQ.t L Li9a. 30 NY, _zs QaJ,ft4. 49_ 7tria.os ooy.sr •.!J E'n' ,4. TI[ii' . s.[fl.$s4' aryf a CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY 1990 EXCLUSIONS FROM COVERAGE The f5'7lowing matters are expressly excluded from The coverage of This policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1 (a) Any law, ordinance or governmental regulation (Including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulaing, prohibiting or relating to (0 the occupancy, use or enjoyment of The land; (li) the character dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which The land is or was a part; or (iv) environmental protection. or The effect of any violation of these laws, ordinances or governmental regulations, except to the extent That a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of FtIk (i) Any governmental police power not excluded by (a) above, except to the extent that at notice of The exercise Thereof or a notice of defect, lien or encumbrance resulting from a violation or alleged violation affecting The land has been recorded in The public records at Date of Policy 2. Rights of eminent domain unless notice of The exercise Thereof has been recorded in the public records at Date of Rlicy but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in The public records at Date of Rlky but created, suffered, assumed or agreed to by the insured claimant (b) not known to the Company, not recorded in The public records at Date of Rlicy but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to The dote the insured claimant become an insured under this policy: (c) resulting in no loss or damage to The insured claimant: (d) attaching or created subsequent to Date of Fllcy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceabilify of the lien of the insured mortgage because of the inability or failure of the insured at Date of ft4icy, or the inability or failure of any subsequent owner of The indebtedness, to comply with the applicable dolng business laws of the state in which the land is situated. 5. Invalidity or unenforceabilily of the lien of The insured mortgage, or claim Thereof, which arises out of The transaction evidenced by the insured mart gage and is based upon usury or any consumer credit protection or truth in lending law. 6 Any claim, which arises out of the transaction vesting in The insured The estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real properly or by the public records. Proceedings by a public agency which may result in taxes or assess- ments, 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 pub- lic records but could be ascertained by an inspection of the land 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 dis- close, 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. AMERICAN TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from The coverage of this policy and The Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) The occupancy, use, or enjoyment of The land: (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land; (lii) a separation in ownership or a change in the dimensions or area of The land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of These laws, ordinances or governmental regulations, except to The extent that a notice of The enforcement Thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In The public records at Date of Rlicy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise Thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse dams 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; Cd) attaching or created subsequent to Date of Policy: or (e) resulting in loss or damage which would not have been sustained if the insured claimant had pad value for the estate or interest insured by This policy 4 Any claim, which arises out of The transaction vesting in the insured the estate or interest insured by this policy, by reason of The operation of federal bar<rupfcy, state insolvency, or similar creditors' rights laws That is based on; (i) The transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by This policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record The instrument of transfer: or (b) of such recordation to impart notice to a purchaser for value or a iudgment or lien creditor. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL liRE 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 ordincrices and also laws and regulations concerning. • land use ._ • improvements on the kind • envrorimentol protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. mim (T5I