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HomeMy WebLinkAboutCUP 00-30; AT&T WIRELESS SERVICES - NEWTON; Conditional Use Permit (CUP)t • CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT USE ONLY) USE ONLY) D Administrative Permit -2nd D Planned Industrial Permit Dwelling Unit D Administrative Variance D Planning Commission Determination ~ Coastal Development Permit 00-3~ D Precise Development Plan ~ -D Conditional Use Permit 00-30 Redevelopment Permit D Condominium Permit D Site Development Plan ~ Environmental Impact D Special Use Permit Assessment D General Plan Amendment D Specific Plan D Hillside Development Permit D +eAt:atiYe PaFeel Map Obtain from Engineering Department D Local Coastal Plan Amendment D Tentative Tract Map - D Master Plan D Variance D Non-Residential Planned D Zone Change Development -D Planned Development Permit D List other applications not specified 2) ASS~SOR~RCaNO(~.: ~~~,-~_-_a_~~o~-~~-3~~~~~~~~~~~~~~~~~ 3} PROJECT NAME: M1-rw~ 5€/Lv'LCE5 -NSW1EJtJ 4) BRIEF DESCRIPTION OF PROJECT: Ccr.617bJGT /l.t}(}JQ MIG 5/f17i0t..J MJJ MotJNrTlfl£G 11NTe.liJA fJi.ltf1--I f; JD B<IS/JtJ& (loop ffiMPG'f. 5) OWNER NAME (Print or_Type) 6) APPLICANT NAME (Print or Type} I blff/VNI 7 flS5/Xtfl/G> MAILING ADDRESS MAILING ADDRESS J ~OJ Vor.J Wtflt41hJ Av'b. f ll r{G J ~o &:>10 CollNQU1oJG Coutr #"JJO CITY AND STATE ZIP TELEPHONE CITY AND ST ATE ZIP TELEPHONE l~vJNG > lA q'J-"115"' 1ltf )r0 1110 2J-rJ fJJf;{:f); UJ t:/JJ;J.J 'f58 ~.3S-tJj'J'O I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ~ tlflltltW L€fral... C£ ~i.t~o,J. SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OW AND AT ALL THE ABOVE INFORMATION IS TRUE AND C T T HE BEST OF MY KNOWLEDGE. '},.12=-oo DATE NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE ALEO, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE ALEO, MUST BE SUBMITTED PRIOR TO 4:00 P.M. ()e.v00083 Form 16 PAGE 1OF2 8) 9) 10) 13) 16) 19) 22) 24) • :ocA llON OF PROJECT: STREET ADDRESS ON THE I SIDE OF !NORTH, SOUTH, EAST, WEST) (NAME OF STREET! BETWEEN I FBMO&i ft\&. AND ·j ~INO ffJUb /J{ZJvG !NAME OF STREET) {NAME OF STREET) LOCAL FACILITIES MANAGEMENT ZONE IJ/FJ PROPOSED NUMBER OF LOTS ~ 11 )__NUMBER OF EXISTING ~ 12) PROPOSED NUMBER OF \,v111 I RESIDENTIAL UNITS RESIDENTIAL UNITS !NJ'1l14l . . L£:EJ51C /.){le}q jJioo~ TYPE OF SUBDIVISION PROPOSED IND OFFICE/ ~ 15) PROPOSED eeMM" SQUARE FOOTAGE SQUARE FOOT AGE PERCENTAGE OF PROPOSED IN}~ 117) :~~POSED INCREASE IN ~ 18) PROPOSED SEWER IN1~1 PROJECT IN OPEN SPACE USAGE IN EDU GROSS SITE ACREAGE !Cito" 120) EXISTING GENERAL !tN0.121) PROPOSED GENERAL IN/Ii I PLAN PLAN DESIGNATION EXISTING ZONING lc.M I 23) PROPOSED ZONING \N)A I 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 THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT T TRY EOR THIS URPOSE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOT AL FEE REQUIRED DATE FEE PAID Form 16 JUL 1? 2000 CITY OF CARLSBAD DATE ~~pi wu~Akf~~"t{ECEIVED RECEIVED BY: RECEIPT NO. PAGE 2 OF 2 e City of Carlsbad MQGlll,tl.iji•l@·Ei4i;.t§hl 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 infoi-mation 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 politicalsubdivision 0M111y1>ther group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the-applicant and property owner must be provided below. 1. 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL llaIDes and addresses of ALL persons having a financial interest in the application. 1f the applicant includes a comoration 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 (NIA) IN 1HE 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.) · Title -------------~ Address -----------~ OWNER G'lot the owner's agent) Corp/Part ez,.. 4VI111 i ~ A~s O'Ct'O\, ~l ~ Title f{A.Y1.~-t.,,.. -e&,.,.,\g H"fl'-NlrA.J Address k"10 6'r1{er S ~Uo(. Cf. f CAlte. flr-IJ \JI t 'f O I c" q ;2. l :t 1 Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal oWnership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of aJI individuals owning more than 10% of the shares. IF NO INDIVIDUALS O\\'N MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titl~s. and addresses of the corporate officers. (A separate page may be attached if necessary.} Person Cabot Industrial Properties LPCorp/Pait _______________ _ Title (see below) Title ---------------- 2075 Las Palmas Dr.• Carlsbad, CA 92009-1576 • (760) 438-1161 •FAX (760) 438-0894 .. llO '3. . NON-PROFIT ORG~·ON OR TRUST If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust. list the names-.and addresses of ANY person serving as an officer. or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust ---------~------ Non Profit/Trust. ____________ __ Title. _____ ...:_"1=._k...:,_ __ _ 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? 0 Yes 0 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. ~/to/oo ~ IE6t:CIJ=, ¥11: :fi::r Qtrt Jrd:stri.al Ta.Et Print or type name of owner 06-15-00 Signature of owner/applicant's agent if applicable/date Signature of applicant/date Print or type name of applicant lid<: Kleis fer Chd.s M::l:n:W, cg31t :fir .roxr wtreless Print or type name of owner/.applicant's agent i:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 EXHIBIT A OWNERSHIP OF CABOT INDUSTRIAL PROPERTIES, L.P. 1. 5823 Newton Drive, Carlsbad, California is owned by Cabot Industrial Properties, L.P. 2. The sole general partner of Cabot Industrial Properties, L.P. is Cabot Industrial Trust, which held a 93% partnership interest as of December 31, 1999. 3. The ownership of Cabot Industrial Trust is summarized on Page 2 of the attached proxy statement, and is further detailed in the proxy statement and attached annual report. RECEIVED JUL 1 3 2000 CITY OF CARLSBAD PLANNING DEPT • PROJECT DESCRIPTION/EXPLANATION I PROJECT NAME: Ptr ~ -r Wtfl£LE5S 5;;{WtcE s-NGV!OtJ APPLICANT NAME: 6/AtJNJ ~ f)<;~OC1fil€_£ Pleas~ describe fully the propos~d project. Include any details necessary to adequately explain th~ s~ope an~/or operation of the proposed project. You may also include any backgro.und 1nformat1on and supporting statements regarding the reasons · tor or appropriateness of, the application. Use an addendum sheet if necessary. · Description/Explanation. The proposed AT&T Wireless Services facility at 5823 Newton Drive includes installation of a radio base station (RBS) within a 10'.x20' chainlink fence equipment enclosure at ground level. Three antenna arrays (consisting of four antennas each) will be mounted to the existing roof parapet and painted to match the existing structure's color. This method of installation will preclude negative visual impacts while providing an important service to residents, visitors, and the business community. Installation of the RBS and the twelve antennas requires: + entrenched coaxial cable runs from RBS to antennas, + ~elephone service to the RBS, and a + manual transfer switch and generator plug. Total lease area is approximately 200 square feet. RECEIVED JUL 1 3 2000 CITY OF CARLSBAD PLANNING DEPT CABOT INDUSTRIAL June6, 2000 Gianni & Associates cl o Hank Kleis 6010 Cornerstone Court, Suite 110 San Diego, CA 92121 RE: Real Property 5823 Newton Drive Carlsbad, California Dear Hank: ANDREW G. LESTAGE Yu:e President VIA FACSIMILE# (858) 535-1787 Cabot Industrial Properties, L.P. is the owner of the above property, and I am an officer of that company. This letter shall serve as notice to AT&T Wireless Services and local permitting agencies that Cabot Industrial Properties, L.P. authorizes AT&T Wireless Services and its agent Gianni & Associates to submit and process all necessary permit applications for a telecommunications facility at the above property. Please call me directly with any questions at (617) 624-6906. ~~~:---------~~- Andrew LeStage 6 CABOT INDUSTRIAL musr RECEIVED JUL 1 3 2000 CITY OF CARLSBAD PLANNING DEPT Two Center P!ua. Suire 200. Boston., Masaachuaetts 02108-1906 (617) 624-6906 FAX (617) 722-8237 a.lestage@cahotst.com INSTRUCTION SHEET FOR FILLING OUT ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART I This Environmental Impact Assessment (EIA) 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 II. RECEIVED JUL f 3 2000 CITY OF CARLSBAD PLANNING DEPT. • ENVIRONMENT AL IMP ACT ASSESSMENT FORM -PART I (TO BE COMPLETED BY THE APPLICANT) CASE NO: ________ _ DATE RECEIVED: --------- BACKGROUND (To be completed by staff) 1. cAsENAME: mi r w,ILG"lE55 :5alv1<FS--N€rJ-fotJ 5'o;-qgq I / I 2. APPLICANT:Li[7 TM/l;;l,£55 L6/fl/JN/ ~ /J550C(ft[€~ I ' I I 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 6:xJ 0>-fg-go MIO Cotltv'0l5'!()£ r;a;t,r-11",110 ;d/J 121G3o., Cll %?611 4. PROJECT DESCRIPTION: IN?l/lUff[IW OE /ltJi2o MS(i: ,-5'm770tJ {l!/Jli,,.) Wj; · A !O'x:J.o' CrP}fJUIJIL fevCE E9u1fl'/G)JT 0JCUK<JIZE. 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 Sign1ficant Impact Unless Mitigation Incorporated" in the checklist on the following pages. D Land Use and Planning D Population and Housing 0 Geological Problems D Water D Air Quality D Transportation/Circulation D Public Services D Biological Resources D Utilities & Service Systems D Energy & Mineral Resources D Aesthetics D Hazards D Noise D Cultural Resources O Recreation D Mandatory Findings of Significance I Rev. 03/28/96 ENVIRONMENT AL 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.BIR 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 Impact" 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 all 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 EIR 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 EIR 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. 03/28/96 • If there are one or more potentially significant effects, the City may avoid preparing an EIR 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 EIR; (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): I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (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? ( ) d) Affect agricultural resources or operations ( e.g. impacts to soils or farmlands, or impacts from incompatible land uses? ( ) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? ( ) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing, especially affordable housing? ( ) III. GEOLOG!C PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) b) Seismic ground shaking? ( ) c) Seismic ground failure, including liquefaction? ( ) d) Seiche, tsunami, or volcanic hazard? ( ) e) Landslides or mudflows? ( ) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? ( ) h) Expansive soils? ( ) i) Unique geologic or physical features? ( ) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards such as flooding? ( ) 4 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □· □ □ □ □ □ □ Less Than No Significan Impact t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Rev. 03/28/96 c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ( ) d) Changes in the amount of surface water in any water body? ( ) e) Changes in currents, or the course or direction of water movements? ( ) f) Changes in the quantity of grnuna 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? ( ) h) Impacts to groundwater quality? ( ) · i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( . ) b) Expose sensitive receptors to pollutants? ( ) c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) d) Create objectionable odors? ( ) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) b) Hazards to safety from design features ( e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ( ) c) Inadequate emergency access or access to nearby uses? ( ) d) Insufficient parking capacity on-site or off-site? ( ) e) Hazards or barriers for pedestrians or bicyclists? ( ) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ( ) g) Rail, waterborne or air traffic impacts? ( ) 5 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □. □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than No Significan Impact t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Rev. 03/28/96 Issues (and Supporting Infonnation Sources): ~lGB1.@&@liltWJtWZm"""u"""'.m""'m•a.P<Ow111!fl· ~-•-Ji--Zl-m"""· · VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their .habitats (including but not limited to p'lants, fish, insects, animals, and birds? ( ) b) Locally designated species (e.g. heritage trees)? ( ) c) Locally designated n·atural communities ( e.g. oak forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? ( ) b) Use non-renewable resources in a wasteful and inefficient manner? ( ) c) Result in the loss of availability of a known mineral 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 substances (including, but not limited to: oil, pesticides, chemicals or radiation)? ( ) b) Possible interference with an emergency response plan or emergency evacuation plan? ( ) c) The creation of any health hazard or potential health hazards? ( ) d) Exposure of people to existing sources of potential health hazards? ( ) e) Increase fire hazard in areas with flammable brush, grass, or trees? ( ) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( .) b) Exposure of people to severe noise levels? ( ) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) b) Police protection? ( ) c) Schools? ( ) 6 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant · Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than Significan t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ No Impact Rev. 03/28/96 Issues (and Supporting Information Sources): d) Maintenance of public facilities, including roads? ( ) e) Other governmental services? ( ) XII. 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? ( ) b) Communications systems? ( ) c) Local or regional water treatment or distribution facilities? ( ) d) Sewer or septic tanks? ( ) e) Storm water drainage? ( t) Solid waste disposal? ( g) Local or regional water supplies? ( XIII. AESTHETICS. Would the proposal: ) a) Affect a scenic or vista or scenic highway? ( ) b) Have a demonstrate negative aesthetic effect? ( ) c) Create light or glare? ( ) XIV. CULTURAL RESOURCES. Would the proposal: ) a) Disturb paleontological resources? ( ) b) Disturb archaeological resources? ( ) c) Affect historical resources? ( ) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? ( ) e) Restrict existing religious or sacred uses within the potential impact area? ( ) XV.RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? ( ) b) Affect existing recreational opportunities? ( ) 7 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ D □ □ Less Than No Significan Impact t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Rev. 03/28/96 Issues (and Supporting Information Sources): Potentially Potentially Less Than No ~4Wwriffe1MiMw114:m»iil'lf4m~:zn XVI. a) b) c) XVII. Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the potential to degrade the □ □ □ 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? Does the project have impacts that are individually □ □ □ 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)? Does the project have environmental effects which will □ □ □ cause the substantial adverse effects on human beings, either directly or indirectly?. 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 QUALITY: 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 EIR. 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 ~onsiderations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Final Master EIR, 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 9 Rev. 03/28/96 are projected to fail the City's adopted Growth Management performance standards at buildout. 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 EIR 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 .. e e s JJ ' / i -A • Fidelity National Title Company PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The Policy(s) of title insurance to be issued hereunder will be policyf s) of Fidelity National Title Insurance Company, a California corporation. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. RECEIVED Fidelity National Title Campany e e • Fidelity National Title Company 2763 Camino Del Rio South • San Diego, CA 92108 (619) 295-7332 •FAX (619) 297-2213 PRELIMINARY REPORT TITLE OFFICER: John Mounier I (619-725-2118) TO: Gianni and Associates Inc. 6010 Cornerstone Court #110 San Diego, CA 92121 ATTN: Adam Petersen YOUR REFERENCE.: SD178-a PROPERTY ADDRESS: EFFECTIVE DATE: February 25, 2000, 07:30 A.M. ORDER NO.: 00-130682 SHORT TERM RATE: No The form of Policy or Policies of title insurance contemplated by this report is: California Land Title Association Standard Coverage Policy -1990 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE as to Parcel(s) 1 ; EASEMENT{S) more fully described below as to Parcel(s) 2 and 3 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Cabot Industrial Properties, LP., a Delaware Limited Partnership 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" A TT ACHED HERETO AND MADE A PART HEREOF CY\VB 03/06/2000 Order No. 00-1 30682 EXHIBIT 110NE11 Parcel 1: All that portion of Lot "F" of Rancho Aqua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: Commencing at Point 23 of said Lot "F" as shown on said Map No. 823; thence South 54°10'08" East along the Northerly line of said Lot "F", a distance of 807.00feet to the most Easterly corner of the lands conveyed by Charles Kelly to Elmer Carpenter by Deed recorded June 1, 1937 in Book 622, Page 755 of Official Records, records of said County; thence continuing South 54°10'08" East along the Northerly line of said Lot "F" a distance of 540.00 feet; thence South 35 °49'52" West at right angles to the Northerly line of said Lot "F" a distance of 1166.23 feet to the True Point of Beginning of the parcel herein described; thence continuing South 35 °49'52" West a distance of 1091.51 feet to the boundary of the land described under Parcel 1 in Final Judgment in Partition recorded March 24, 1965 as File/Page No. 52516 of Official Records of said County, thence North 52°32'21"West along said boundary, a distance of 478.72feet; thence leaving said boundary at right angles North 37°27'39" East a distance of 740.00 feet; thence at right angles North 52°32'21" West a distance of 294.32 feet; thence at right angles South 37°27'39" West a distance of 321.90feet; thence at right angles North 52°32'21" West a distance of 597 .36 feet to an intersection with said boundary of said Parcel 1 described in Instrument No. 52516 of Official Records, which is a point on a non-tangent circular curve concave Southeasterly and having a radius of 600.00 feet, a radial line bears North 67 ° 3 6 '49" West to said point; thence Northeasterly along the arc of said curve and along said boundary, a distance of 209.70 feet through a central angle of 20°01 '31 ";thence North 42 °24'42" East a distance of 429.16 feet; thence South 54°10'08" East 1321.26 feet to the True Point of Beginning. Excepting therefrom that portion lying within Carlsbad Tract No. 83-25, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11278, filed in the Office of the County Recorder of San Diego County, July 9, 1985. Parcel 2: An easement and right of way, together with the right to convey same to others for ingress and egress for road purposes over, along and across a strip of land 40.00 feet in width lying within Lot "F" of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, the centerline of said 40.00 foot strip being described as follows: Beginning at a Point 1 of said Lot "F" as shown on said Map; thence 25 °01 '05" East (Record 24°45'00" East) a distance of 229.00 feet to a point which point is designated on said Map as Point 23 of Lot "F"; this point being the True Point of Beginning and which point is the most Northerly corner of lands conveyed by Charles Kelly to Elmer Carpenter by Deed recorded June 1, 1937 in Book 622, Page 755 of Official Records, in the Office of the County Recorder of San Diego County, the said Carpenter Land being now known as Robert E. Hick's property; thence along the Westerly and Northwesterly boundary of said Carpenter (Hicks) land as follows: South 11°51'12"West, 315.60feet to an angle point; and South 42°55'37"West 374.50 feet to the most Westerly corner of said land; thence South 54°10'08" East a distance of 2. 14 feet along the Southern boundary of the Hick's property to the center line of the water line easement previously granted to the Carlsbad Municipal Water District and known as Line "D" of the C.M. W .D.; thence South 42 ° 38'52" West, on and along the 2 Order No. 00-1 30682 Northeasterly boundary of the Allen Parcel No. 1} described in Exhibit "A" of said Document No. 236220 of Official Records (and on and along the center line of said Line "D" of the C.M. W .D.), a distance of 938. 72 feet to the beginning of a tangent curve, concave Southeasterly and having a radius of 600.00 feet; thence Southwesterly along the curve of said arc 269.80 feet to a point; thence South 16°38'52" West 386.15 feet to the Southwesterly corner of the said Dye Property described in aforementioned Document No. 236219 of Official Records; thence South 52 ° 32'21" East (on and along the Southwesterly boundary of said Dye property and continuing on the same bearing along the Southwesterly boundary of the Allen Portion 2 described in Exhibit "A" of aforementioned Document No. 236200) a total distance on this bearing of 1214. 69 feet to the most Southeaterly corner of said Allen Porter 2 which is the most Southerly terminus of this easement. Excepting therefrom from any portion lying within Parcel 1. Excepting that portion lying Northeasterly of the Southwesterly line of Road Survey No. 1800-1 as described in Deed to the County of San Diego, recorded October 29, 1969 as File No. 198734 of Official Records of said County. Parcel 3: An easement for pedestrian and vehicular ingress and egress over a portion of Lot 93, Map No. 12815, as more specifically set forth in that certain document entitled "Temporary Grading, Construction and Access Easement", recorded June 1 0, 1998 as File/Page No. 1998-0352324of Official Records. Assessor's Parcel No: 212-050-43 3 Order No. 00-130682 AT THE DA TE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. 2. 3. 4. 5. 6. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2000-2001. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1999-2000, Assessor's Parcel Number 212-050-43. Code Area Number: 1st Installment: 2nd Installment: Land: Improvements: Exemption: Personal Property: 09107 $38,419.99 Paid $38,419.99 Open $1,842,236.00 $2,000,000.00 $None $None Supplemental assessment for 1 999-2000 Bill No.: 1st Installment: Must be paid by: 2nd Installment: Must be paid by: 899-625-48-59 $23,677.21 January 31, 2000 $23,677.21 May 31, 2000 Supplemental assessment for 1999-2000 Bill No.: 1 st Installment: Must be paid by: 2nd Installment: Must be paid by: 899-080-18-89 $10,915.44 February 28, 2000 $10,915.44 June 30, 2000 The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Reserved by: ·Purpose: Recorded: Affects: Barbara Jean Higdon Road December 31, 1969, Instrument No. 236220, of Official Records As shown in said document. Reference is made to said document for full particulars. Said easement has been granted and/or reserved in various deeds of record. 4 ·ITEMS: (Continued) Order No. 00-130682 7. 8. 9. Matters contained in that certain document entitled "Payment of a Public Facilities Fee" dated December 3, 1982, executed by and between The City of Carlsbad and Ivar N.V., a Netherlands Antilles Corporation recorded December 15, 1982, Instrument No. 82-383348, of Official Records. Reference is hereby made to said document for full particulars. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: Camino Hills Homeowners Association Slope maintenance and landscaping maintenance November 3, 1987, Instrument No. 87-617784, of Official Records As shown in said document. Reference is made to said document for full particulars. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District ("CFO"), as follows: CFO No.: For: Disclosed by: Recorded: 1 City of Carlsbad, Community Facilities District Notice of Special Tax lien May 20, 1991, Instrument No. 1991-0236959, of Official Records This property, along with all other parcels in the CFO, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Carlsbad, County of San Diego. The tax may not be prepaid. Further information may be obtained by contacting: Said District 10. Any rights. liens and/or encumbrances, including but not limited to, easements, rights of way and agreements that may be shown by the public records. Affects: Parcel 2 and 3 11. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recorded: Memorandum of Lease and Option to Purchase Industrial Developments International, Inc. Graham Webb International Limited Partnership May 22, 1998, Instrument/File No. 1998-0305171, of Official Records 12. Covenants. conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) as set forth in the document Recorded: June 10, 1998, Instrument No. 1998-0352321, of Official Records 5 ·ltEMS: (Continued} Order No. 00-130682 13. Easement(s} for the purpose{s} shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: San Diego Gas and Electric Company Public utilities July 29, 1998, Instrument No. 1998-0472961, of Official Records As shown in said document. The exact location and extent of said easement is not disclosed of record. Reference is made to said document for full particulars. 14. Matters contained in that certain document entitled "Hold Harmless Agreement Geological Failure" dated May 27, 1998, executed by and between The City of Carlsbad and Industrial Developments International recorded November 12, 1998, Instrument No. 1998-0734564, of Official Records. Reference is hereby made to said document for full particulars. 15. Matters contained in that certain document entitled "Hold Harmless Agreement Drainage" dated May 27, 1998, executed by and between The City of Carlsbad and Industrial Developments International recorded November 12, 1998, Instrument No. 1998-0734565, of Official Records. Reference is hereby made to said document for full particulars. 16. Covenants. conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) as set forth in the document Recorded: December 28, 1998, Instrument No. 1 998-0849850, of Official Records 17. Easement{s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: Carlsbad Municipal Water District The construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground April 15, 1999, Instrument No. 1999-0252311, of Official Records As shown in said document. Reference is made to said document for full particulars. 18. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: City of Carlsbad, a Municipal Corporation Public street and public utility easement July 2, 1999, Instrument No. 1999-0463259, of Official Records As shown in said document. 6 . ITEMS: (Continued) Order No. 00-1 30682 Reference is made to said document for full particulars. 19. The requirement that there be filed in the office of the Secretary of State a certificate of limited partnership for Cabot Industrial Properties, LP., a Delaware Limited Partnership, in compliance with the provisions of the California Revised Limited Partnership Act, Section 15611 et. seq., Corporations Code and that a copy of said certificate certified by the Secretary of State be recorded in the office of the County Recorder of San Diego County. Note 1. Note 2. Note 3. Vestee: or Buyer: Cabot Industrial Properties, LP., a Delaware Limited Partnership END OF ITEMS Section 12413.1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404. 1 of the Insurance Code of the State of California. If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. California Revenue and Taxation Code Section 18668, effective January 1, 1991, requires that the buyer in all sales of California Real Estate, wherein the Seller shows an out of State Address, withhold 3-1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. 7 NOTICE IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been entered into that provides persons who bought, sold or refinanced residential real property in the State of California between July 1, 1989 and February 28, 1997, with certain rights. If you are such a person and you are now engaged in an escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1, 1989 and February 27, 1 997, which was handled by one of the above listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary title report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a reconveyance or release or obligation in the event that one inadvertently had not been previously recorded in the escrow transaction previously handled by one of the above-named title companies. If you believe that you are entitled to benefits as a class member, please send your written requests or any questions concerning the foregoing to Janet Borack, Legal Department, Fidelity National Title Insurance Company, 17911 Von Karman Avenue, Suite 300, Irvine, California 92614. EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY 16-1-871 EXCLUSIONS Jr, add1t1on to tt.e Exceptions m Sct.edula S. you se not 106Ur&d agamst loss, costs. anorneys' fees, and e).pE-nses -re-;ult1ng from: 1 Go~emm,:mtal' poi1ce poWH, and the ex1stenca or violcrt1on of ar:.y law or gov&rnment regulatmo This 1r.cludr:is ~Ji!dmg and zorJtr1Q oroina11cas and also laws and regulations concerning: • l:md use • 1mprovE-ments on the IE1nd • ll111d d1-v1smn • en111ronmer.tal prnt&ct1on Th.Ii; exciUStOfl does oat apply to 'inolattarl6 Q( the entorcemft!"it of these rnaUar& which appe• in tha public records at poli1cv data This E:t)(Ch..1sion does not limit tt.e zor .. ng coverage de&cr1b&d in Items 12 and 13 of Co11ert;d Title Risi.&. 2 Tt.e nc;ht TO lBi:e the land by condemr.r1g 1t, unless· • a notice of exMtismg the nght appears 1n the publtc records on the-PoWcy Oare • the takmg happeoed poor to thei Policy Date and ts binding on you 1t you bought the land Wl'thout ltnoll"llliedge of 1he takmg 3. Title Risks: • that ae created. allowed, or agreftd to by you • that •a known ta 'fOU, but not to us. on tha Foflcy Oate-ur-19"' thEI'; appt=tar&d m the pubhC' records • that result in no loi;s to you • that first altect your ttt!e after the Pohc\I Date . thts; does not l11Ti1t the labor .and marf!nal I.tin cover.age in tfem B of Cowered Title Ri.sks 4_ Falure to pav value for your tJtle. 5 Lack of a nght: • to any land outside the •&a specifically described and reterrad tom Item :: ot Schedultl' A or • m streets-, llllevcx or -waterwavs that touch 'flOUT larod This exduS1on does. not l1rmt the access. coverane in Item S of Ca110l'ed Title: Rtsk.&. SCHEDULE B EXCEPTIONS !ri add1r1or. to the Exciusfon&, vou .artii ri0t irlSUfad agaillST 106&:, CO!ils, attorneys' fees, ard the &Kpen&e& n~"J\1 ,ng fr om 1 A.r.y nohts. interests, or c:larnis ct parties in J)05Se&SlGln of the land not showr, by the public records 2 A11\ (<J't'i'.0ffiflrtts or l1E1ns riot "hO\NH .bv me pubiiC' records This does oot Jimrt th« lien coverage m Item B of Cowered T1tlE1 Risks 3 • .lny fact& about the land !Nhlch a corr9C'f 5\Jfvey wo-Jld d1sciosa and which ae not shown bv the put,Jt,c records. This does oot ktnit the fOfe&d remo!illl covsrag& ir1 item 12 of Cover9d. Titkt. Rish 4. Any wlff.fllf nght11> °' d•m• Of title to wao.-in or under the land. lNhether or not stoo.vn by 1116 pub&.ic recorcfs CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY· 1990 EXCLUSIONS FROM COVERAGE The foHowi.ng matters •e expr&ssly fl.Xcludod from the co"erage of ttu; pal1cy ar>Cf tOO Company wUl not P~w· 105<i Df damOQe, ca&ts, attOfTlRVS• fees OI' expenses wtlch anse by taason of. 1. {a) A11v lllw, ordinanca or p,011....rnmantal ragulation (including but noH1m1ted tobui!dmg and zoning laws. ordinanc::es, or regulat1onsl riFtStncting. rEtgulating, pohibitmg or relating (t} ttll1' occupancy, use, O! e•11o;m0nt of the Jard, !~~ the charac.tY~ 01rnanaol16 Of location of any improvement now or hereaftec fft'.Etctfld on the land; {iii) a s~psat1on m ownership or a change m the dimeOS1ons or •ea of the land or any parcel of which the land is or was a part or (ivl envwonmentli pcotection, 04' the effect of any v1oh!tion of these laws, ordinances or goverrvnental regulations1 except to the extent that a notice of the anforcamant thereof or a notice of a defect, ltan or encumbrance resulting from a violation or alfeged \i1olat1on affecting the 1and has been recorded m the pubiic records at Date of Policy. ib) Ar1y go\l&rnrnental pol1c& power not-excluded' by lat above, except to the extent that a notice of the £fXE'rc1sa: thereof or a notice of a defect, llan or encumbrance resultmg from a v1olat1on or abaged v1olat1or1 affect.mg the land has be&o ret..'Ol'dfld tr1 the pubiic records at Date of Pohc:;. 2 R.qhts c.t eminent domain u1~es& notice of the axefasA thereof has been recorded 1n the public records aT Orn~ ot Pol1C'y. but not axcludiog from coverage anv taking which has occurred prior to O.ete of Policy 1rwt-o1d1 would ba b1nd1ng on the rights of a purcha&er for v.alue without knowfadge. 3-C~tE.-c.'"• liens, encumbranCftS, adl/ACSB c.rai,ms. Ot' other matters; {al whether or not recorded m the public records at Date of Policy, but a-eatOO, suffElf:ad. Msumed or aqraed to by the msured clamant; lb) not known to the Compani, not raccxd&d in the public records at Date of Policy, bot known to the insured clamaot and oot disclosed m writing to the Company by the insured damant priOC' to the dttte the insured claimant became •n mswed under tti& pohcy, (c} r86Ultmg in oo Ics& or damage to tile insured claimant, !di attacf-ong or aeated subeequent to Data of Policy; or !e) rMUlting in lea or demaga which would not hava bean StJotained d the inoured claimant had paid value for the insured mortgage"' for the estate or in1..-es1 illSUfed by this policy. 4. Unenforceabtlity of the lien of the msured mortgage because of the inability or failure of the insured st Date of Policv, Of' the mabditV' Of fa.lure ot any subsequent owner of the irxlebtedness, to compy .,.;th the applicable d0tng bu&.lll865 laws of the state jn whtch the land is Situated. 5. fnlfahdity or unenforceab+Hty of the hen of the msored mortgage. or clam theroof. which .arises out of thEt transaction 6w1denced by the insured mortgage and 1s based upon usury or ariy consumer credrt protection or truth m lending Jaw . .6. Any daim, which arises out of the transaction 11&st1r~ m the insur&d tha estate of intarest insured by thcs policy or the transaction creatmg the int&fest of the msurad lander, by reason of the operat~on of federal bankruptcy, state insolvency or &imil• creditors:' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE Tl~" pol1ci' d08!'i not insure against toss oc damage (and the Company "M&i not pay costs. attorneys:' fee& ex .expenses) wtaich a1&e by reasor-i of: T ~xfl'"' or .assessment& w~•d• aa riot o;hOwn 86 8)(1stir.g hens by the t&eord& of anv tax1r.g authorrty that li.-~1~ taxes or as'iessmer1ts on real prnperty ot by the pubhc TftCOt'ds Proceedings by a public agenc~ W'lfh1ch u·tay result in taxes OI as:sttSSm~1tr;, or noti086 of such proceedings, wh(dher Of not shown by tt"" rnr ordli at such agtir.c. v ot b¥ the pubhc records 2, A111, tar-ti:;, 11qhts, intkf(t!;o.?S Ol' clams wb:ch .are not shown by the pul>Mc JlilC.Ofd&: but wt.ch could be a..,, Ftrtl:'lrtfid by an ine.pect1011 of thfi fand or wt.ch may ba asserted by persons m po&ses11on thereof PART 1 3 Easemel•f&, 1.e~&6 or 011C11n.blaoc.&!'i, °' Llams ft!f.1teof, V"vh1ch ara not shown by the ptJbkc r&cOfds -4. Otsct&pant:KJS, Lonflic.ts m boundary ltnes, st1ortaga 1n area~ ef)Cf'aachments, or any other tacts which a c-orrecf survey would diGCioMr, and whc.h •e not shown by tr.a public t9CtXdS. 5 (a) Unpatttntbd rn1r.nq claims. {bl rQ&er1tations or exc:ttptions 10 patents or in Act& arthonzmg tha l55uaoc" theroof; {cl wa'l&r nghts, clam& or title to water, wtlatt* 0( not the mattecs exr:fiptttd ui-.dffr (ai. (bL or (cl we shown by tt~ public r8COl'ds. EXHIBIT A (CONTINUED! AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY 110-17-921 WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE Tt,~· fc !o~v,ng matter~ ar-e sxprfi°'sly exck dEid from the c.01o«age of this polic-y and the Companv wiil r.ct pa, !;;s<: a• d3rra::w. C'-!'S!s, attO"ne-ys• f~s or exps-ises wh..ch arise tv reas::n .cit 1 (.:-) /.t.,· 1;;.r~, o'::cn.:>:-,::a or qo.e~r'r,!''",ta. fE')U!atio;i i 1.cJ .... j,r.J bwt r.~t; :n rad tt:' .t..1.l.::i,fid' a,;-,;l zc,...trig tans. ;..rc:inE'"l:ce-s, or regulatr::ir,-::1 res-trictirig, regufat:ng. prnh.bit•ng Of reta·:mg to \tf th~ occ'..l;::arict\ use. or ;;r-,•:i{r:"•H.t of tht> l;nd· { r) the d\araCl'Br, d'rnE!ns.ar-s. or lo-:at!cr1 of ar,y irr.prr;11f'T"T'"e;1t ncv. or t.e;eattar P'"h='"J?:I ;:,n trt-e lar.d, (iji) a SE-paration •n oNr-.arst"lip er a ct er)rn;: 1-, ti-ie d•rr,an.s.i:: ,·,o-; c• BrFa cf tf"~ land or .ai<y pare-al o! which the. !ttnd 16 or vi.a" a part; or (1.•) en\/1r.onmeN:.al. protecrion. or tt1e etfr.ct of ar\y i< o'at1cn :if ttit:\c:e 1.a.ws, ordinances or oo•fff"•,men!al. reg.Jfat1or,s, ex:c.epr ro tJ·"'-' £-Xf£<!it that a r,otJ;:e of rt'.e f''"'to·cer1"€1M Tt-.ereot or a r.c~•C6 of a defbct ;,eri. or &-rtC.J""",b"sr.c~ resJltino tro'T' s \/•.olatio ... 1 or alfeged ~10'.a:i:iri affe::t·ng the land t,a"S. bPAn rncord&d in tha P'.Jbl•c rnc;xcs .at Dari of Pc,.hC)'. 1tl Af"t o=-11e .. nmer.t~ po.i..::~ power r .or &xC!udPd bv (al abcse, f:lxt.ept !o the f.Xft-'"'! tha~ a r.ot1ce ct t"lf:t f-xf-<'"c..1'>-<:i O-.er£>o4 or .a noti::e. of a defact, ht'!1 or encumbfance r&s-w:ring from a Yr0•8~10n or a11e~~d v1olat1on .atf£1Ct•rttJ !he land has b~an rpi;;ord&d ;n 11".e public., reccxd& at Cat6 ot Pol.C\o'. 2 R. :'11c cl Fir-.i:--if!r.t domair • ...:1»£<~& r.o!.1ce ol the &x:etcise Htel'&of t1&$ been u:11c0tdt-t! in the public recor:ji;. a· DaH· of Policy, b'.Jt no• "'Xd•;c,ng froM COk'&r.&ge: anv taking whrct-, has occ-Jrr£td pnOf to Da:e of PDl1'.°:'r ll'o•hrf-t w~Jld bfi bmchng or• •he rtQ .. rs of a purct,asBr fo.r w-ah.1>0 without kr.o!Nl~-daf', D•~ttt. "<; Mans, ~flG.-umbu1flt.M>, &dwersP ciaitns-, or other n-.aner,. nl crf'A'fld, l!tu!fw&d, llS"i'-1rr.Ad Of aqrf9&d to by the m1ot.Jfed clairr.a11r tli· r.o• t•iowri 'l() 'the Com~any, not r~cordfld m tha pub'.1c t&t.OfdSi a1 Dal fl of Poli rt, bu! kf60..rwn. to tr.a rn,;: n?d clilmanr and nor d·">ciosed ,.-, wnt1nq to tt.e Ccrppany b'V rhe :!""\Sured rJ11"'flant pr1ur to rl"te dille thf:i iris1Jt"'Cf cta.man'1 t>ec.arr.e ar• insutf.<d under tilts pcM1c-y· iu ras...,tlt1rig m rt0 l()SS Of damagtf to the •risur&d cJairr.ant, 1d1 attao::t"~r;g or c-raaTfl.::i SlJb'>f:tquenT TO O.atei of Po!jcy !f!xr..ep't to lhe 0)(fe'1t u·.;i.-tr.s pOt!Cj .. -s.1rM: ttta p•tonry ct'"~ l en of the 1"\.C>"_ir~d rriortgrtg6 01ier ar,y sta.tut7J liE!f• for sl>~_.1ces lab:ir Of mat an.al or ta n~ ~xrl':-1t1r;-..Ytffo:.'3 1s eff0tdlid t"lf'tf'ftll! a~ to assess:rne.rits for strE1<::1t :r.-1pr.o"&rr.fin!s under c.on&truct1on °' c olT!plMed ar Darn of Pa1c-yt; or ,~\ r~f1'1rlg ·n 1DC"5 O{ d(l.,..,?gH w1-"r:""1 WO)ld r.c.! l"·a•E-bf.t.1n s...ista.-rad .! tr.a 1r.surtid: eia.,na:-1t had paid walue for the irlirured mortgaga. 4. U1.er • .i:o~;:eab,!:t~ cf tt-..e hen cf the 1r.su .. Ed mr:·rt~:rneie beca""'s:~ d ths inat. :ty or t.:l'.'~·ra cf ttl(. ir\sL.oted .st D.ate ot F.oi1q .• c:r the 1riabi t~ er fa..Jrf:I. cf ll-,y s1.Jtsa::i:._,E .. 1T O.".t..6'" cf the ·r,.j.,bt~::'!~5, to ro;-rp;,. wrh applic.abie doing b1.1s·ri0ss: laws of the sa!B in whtch rhe lar.d 1s s.tvated. 5. I r.11 al;drry or t:n£tf"lforceabHy of the 1!i;.n o~ t'be msur~:i n~orT;;.age c::-i-c:.aii11 ttnrfl:::f, .-..r-. ch .lri.sH CJ.1' d !l-ie trar.sact'i~ .. , e1.1dtonced b, the 1ns•Jrad r-.ortgiige aJ·d 1s based i...pon US'Jrt or c;-,, .;:;-,,.,.Jtr~ cr;.j t protection .or truth in land1oq Is~. 5. ~r·y statutor" 1.~n for: sar11ires1 l.:1.b:it or marerials (or 1h.i cta.m cf pri:mt," of,;,~·,, <;-!;_;l".:urc-~, ,p·( I~; &en, ices, fabor or rnzrer,.al:s Oll'er tf-,a lien of lhfr 1'1s-~red JTJ;jrt2agel wi51ng from an imprc~em~~,· D" \1\.0! C. rfliated re ttte Jarid: vrhic.h 1& con~racted for .and commenced SJJbset::f'..Jf'Dt to Date of FoMc• (<nd is r.ut fii1anctid 1r; 'hf-1olfo or 1r, ;:,an: t; pTocae:!s ol n·.e ,ndttbtad~ sac..;rnd t\ tr.e .r.s'..1rf'Q mor-tu~,J-A ,....ri..-h ar ~.at& of Follr')I tt.r-1:15u~,r,.d t.as aO.-a:tcE:<d or •S obl.gat&Q to xi:~ar.ca 7. An-, dt11rn. wt.cf-t arn;t:ts out of fttEi tr.a.rasac.tion CTEl&ting the inrecast o! 1'10: rr.ortg.agfff' iosurftd by tl-M& poi1C'i'. b~ reai;;on ot the OPflil'Bt:or. ot federal. bank.~uptc-,,, statt=t •nsol11enc,.·, or simif..-crad.ircr<:;' nc"•1S l.!lll'V$', tt;at ts based or. {u tr;E< t1aosac.t1or1 r.;a;,at1.-ff1 the irirwast ot llie insuxed mortgagoo being a&ernOO a frauau1~nr t:U"'lw~\-..'i'•"'*" oir fr.audultint transfer, or 11) ttwo subotd1nation ot the interet>t of th~ 1nsiJftfci rn0f"'"<J909fco M B 1esu1t of me aPDl•cat.ori o.t the doc1~1r~ of &Qu1tabu:, sub0fd1nalfon, Of -~ 1>11) UIE! transartmri et111a11ng thfl imEf:fEts-t of lhe •;)S'IJfQQ rn::xtG'~OO ~og deem~ a pt~fer9;-,t1ai transter t<Kr..ep1 h'he1& !he p.-&hverni.ll tra1.15fw ret>ulfs r1om rhe tadure lal to t1malv tl\C04:d tne 1nstrurr.en1 of 1fl!ll)$1er: °' ~o: of such r&i:::ord81.1on "O. 1mpa-t ootice to a purchas£:tt tor value Qlf 8 ,_.dgern~-it 0( ~' CrE>Oiloc AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY 110-17-92} AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY 110-17-921 EXCLUSIONS FROM COVERAGE Tt-~ tvFOll\'lflJ rrrJt!e-rs 1Ce E!YS?.£-ss11 e.~e-h.1ded frcrn tr.a cc:v&l'fl~e d t?-..::s pal.:.'• arj u-E Ccmp.a-,1· wi: rh:lt P~t bc:c; Of deimaqe, costs, z:itromeys~ foas or evpenses whir+i ~:se t.y rgas:on of 1. {J1 Anr' f2w • .ordiri:gnce or cciv9t'r,•·n~r1tal reg1J12t.or-1 {ir . .:;1t:din:i but net f:n;ted tob'!l·~d:rrg and zcn111g f.a\-ir'S, ord1fJ.31",.C-:>s-. er regu!at:cns} restm:ring~ r&gu!a~ng. pr.oh.b,t1ng ~ rn.'atrnJ ro M rt-..e occ1.1par.:y, LSe. or E.m~ym""nt of tf-te land; !rt the c'1aracter, dimens.cn& or location of a.,,.,I/ •rr.;x.c111ernent noW or hecsafter «ected on the fand; {i~~ a separation in ownership or a change in the dimensions or •ea of the rand or itriy P«cl'lll of which the land is or was a part; or (1vl environ-mental protection. or the eff&et o! 8"V ..-iolat«m cf tMo;e laVllS, orrl!ria'tees or oo\<err.mentai regular.ii:ns, exc.ep!. to the e>:te0t t~.at a not:ce cf th'-1 er.forc0rn2nt thereof O!" a noti!:e of a defect, Jien or encurrbrar;ce resulting frcrn a vioTat'~n or a'leged klt•fo-1N:-r • .affe--:-tir>:J t~ !arid h3s bflf<r"t recordfl:i ''1 tt,e p'_1bl1c records at C-ate o! f'oi,.:t'. {t l ~ri)' c<Jl.'effmH:·r.t:al poT:c.~ i:ower r•=.t exc'1_rded bt' (a1 ab::i•e. exceptto rte o-ti::r;! th:;t a r.otice of the ¥-xA<r.iSf' t~Bof er a nct1ce of a d~fect. fmn oc er.c .... 'Tl.bl'ancp reS-Jltir.·a from a vi=>'a~1on or a11eg&:f ~·ol:t!.•cr1 C'ffec1'1'"''J' the far..d has been rec0fd1;.d in the P'-bii:::: rHmds at Data d F_:il,.:::;« 2 fi·,1t.tc: of F<rriir>Bnt d~mam L'nlJ?ss ~ot':=a of the exercise thereod t:as been r&:Ol'd&:I m the p-.i~:c: roc.ords :ot D.1!e cf Pol C\, t:!..Jt not e"'r.J":d:r:g from CN'eiage a111 t.skt'"1g \.'\hi:ch t,~ o:::cune-1 prio1 to Date cf Pot cw- :. I ir-t-i woufd 00 b<n::hnq en the nghts of a p..Jrchasa: fa! 11.al•.u;i; wi!t'1ow.t £1.ow:f-:'.ge. 3 Ct tF<Ct'i, l•en.<;~ encumbrarlf:'fff;, acfy-au;a clams, Of other matters ! 1) 1 rP 1fPd, sJffefAd, MSt.trf"'.ftd or .agrt:tt.-1d to by the msumd clama1iti lb} r~·t tnc.'\n t~ rhe C.o 11pa·-1y1 r,ot re-cr;rj;;:i ; .. 1 the ~..,bhz ra.cocd's ~t Qa:-s cf Pd.::i, t,;.it kn:i.-..·ri fo tt-e ir.s-i..1rfld cia:rr.ar.t :md r...:t d sc!o5&-:t in ~-.:rif1r1J to tt•e Comp3nt• ty tt,9 ms>.lred c!.arn.::111t priN re, the d:ite tl-.11?. insured cla.man! became an tr.sured under this po:1c1•; C-c:l res..i:ttr.iJ i:-1 r.o f~s& or .diirr1.a:la tc. the iri&ure:l cla..ma.-ltf (dl attaching or created subsequent to Data of Policy. or !el reGUh:1ng in Joss or damage whicJ·, would not hs\e b&en &.Jstair,,ad if the insured c!aima'1t had pllid ~ar:..ie for the estate or lnterest insured by tfilO poiicy • 4. Anl claim, wh.11:-h a:"i&"€r& out of the transac,.·~m VE<stlr..g i~ the insured the artata Of interest ms:ured by this ~ot·cir. ht• rnasor.t cf tt"'~ OPftla!:on of fa.darn! bar,lc.ru~tcy, state 1'"1s0:•0rr-y • .or s;milar crn::;tors· rights ialW°lt"'S, that 1s bas6d on: {ii the tra11Sa:.1.Jcn crc3tinJ t)-ia es:tare er 1rrer65t 1r-:D . .Jr&d bi thlc; ~;:.l1cy ~r:J deem© a fr.tr.Jdu1•m!. con•eiance OI' fraudu!&.r.t trari&far; or f; 1 th·e tra.nsactl~i1 crnrt:r;~ the £tS:!i<te or 1ntiei'Fst 1r.Si.iri<d l:r tt'"s: ~o;.<:"t-' b9tr1J dr€1'1?-:::f a pref.are.n,ai t1.a:-.s1C<C e>:cept vvthf~ tr~ prE-~Bl"e~,ti.:i tra.1.E"f& ... r6s!.!'!s frc'TI tl-..a fa.lme: (d) t.::i t.ine:!;• re.cord tr.a instrum1mt of transfer; or lo} of si-1~'1 rei::ord<i!1on t~ 1n-,pxt rt':~1.:-a tr:• ~ p ... rch.t:.si<e lex 11.:fve or .a ~dgFrr.er:t or l!El"l cte:Mor. The ~bo11E. ,.\LTA poil::y forrr.s may b€ issui:d fo affo-d E--tt"-t-' St.a1,::iard Cc;;.HadB or E•!e.-i-Oi:<j Coe&r<-iJl? Ir. adj,! en to tt-l't> abo..-e Elech .. sions frorr, Co .. eraq1::1, tt-.i~ E..ii::ceptions ft om Cm'f!fa~a 1n a Standatd Cp~·arage. poft.:; VV!.~l al.so ffl'::L.1de 1hsto1loV"Jir1g Gftner.ai Ex.caption&: EXCEPTIONS FROM COVERAGE 1 T •l!.'.4-~ °' ~~4~ments whlt"t1 are not shewn a& ex1Ft1r.g h&r-16 by the recO(dS of ary Htx•rrg autt.orit\' that lf-'~•"-""i T~Xfdt DI' as.!ies&:rr>&nts .on real. prO.PifCtlf orb• tha: p,.1!:>41.::: r&cocds. F10C&ttO•r.qs: .b)' a pubtic aQenry >t"Wi .,,-r-, rr .3''f' r~utt •n Utxe-5 or Bf'fiaf;Smerrtc;, or not1Cfifi of t:;uch pror:~d,ng~. wh{.>'hff or lfOt shown by ff""' ro:..~ 0t'1fi of "t>Jl'.:'h BgPl"t<Y or by H·tft P'Jbf1c t('tC()(d-;, t.,,~, t<v1s, r<-;;•irs 11"\taff.t"if& Of c!atri·-: w~ct, sre no! st101N•1 by ttoti: p ... 1bl1i::: rec:>l'ds b<Jt INtlicJ·, C::;>1,.1ld be 3--r u1 .... r~ bt a'i 1mpect1on of rne !;ind. ex b'{ rnakH"\Q 1r.q.J1T'( of par-sens 1ri po~i;«Ssior~ tl">fffflof 3. EaseIY.1:1 .. 1ts, J1£ir,s or £mcurnbfr1ras. or clrt.rr.s 'l'f'-lfi-1Ftof, V\ohic.h are not shown b~ 1hF£ p\Jbtfc t&c.ordr.. 4 D•">Cft.~.ar.cH1S, c:m~l,i:-!s r"i bot.n1dar\• !,nes shortage 1n lll'flB, f'lrtCfo~timer'ts, O' anr ol'.h&r l&c.lti wb.:~h a carrf!tl surv&i, oo·.ild discloS6, ai·,\j w~•c.h atB not s:l1cwr-1 .b\' tt·.t:: p•..ibl1c rEtcords. 5. la} U>"',patented tri-J11trig clams, (b) resenrations or E<XCtiption'S: in paT&nts or 1n A~fs autho"•zi11g tfw '";.ua1K..;;i. tl-..er6:i1, :c~ .... a·&< fo:j''"\'s. c-1-.11~ Of" Tr'Cfb to .t'll<:t'frf. tllo'f°*'l~rY o~ not ti-It' rn;tt!ffl'S exr:c·pie.-d 1....ioder- lal, (Ci or :c1 l'lftl: shZll'li:f• by ti~ p,..blic rtttO'"iJG • EXHIBIT A (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-981 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE !10-17-981 EXCLUSIONS Ht ~d1non to the Except100& 1n Schedu'9 B, You •e 001 1l1Sllred agart5t loss, costs <Morney&' fees, and expenses resulting from 1 Go11ernmental police poww, aod. the e1C1sterca or v1o(et1on of anv I.aw or go'i'emrnem regulation This mcludes ordinances, laws and regulations concert"Mog: a bwtd"'g b 20111ng t Land use d 1mprowements on Land Lana ::flv1S1on env11onment.ci protection This Exrlu"1on dOAS oot .applv to v1ofst1ons or the enfOfcement of these maners Jf no11ce ot ttMi: 111olat1on or fin.fC>fcttment appears m the Pubhc R&C'ord& at the Polecv Date. Tr11s Exciu&100 doeg nor lnn1t tr.a t.O'i'erage dascnbea in Co~eced Risk. 1•, 15, 16, 17 or 24 2. Tr1+ t ai;lure o1 Your ex1st•ng structures, Ol' any part ot them. to be construe.tad 1r1 accordance Vinth apphcable building codes. This E>c:dusion does not apply to violations of blutdmg codes rt notice of the 111o!at1on appe•s m the Public Records at the Foltcy Date, ~-The nqht tot aka the Land by conderr10tng 1t. unle&:s: a notice of &xerc.ismg tha right appears m the Public Records at th& Policy Date, or b. the taking happened baftM'e the P~cy Cate and 1s binding on You 1f You bought the Land withoot Knowing of the takmg. 4 lltsh: a. thaT •e creafed, allowed. or agreed to bor You, whether °' not they appeW' in the Pubhc RE'tt'oras-, b. 1har ••Known to You .at the Poifcy Date. but not to U&, u~ they ap.,.._ in the Pubbc Records 8' the Pohcy Date; c. that 1esu!t 1n oo k>M to You, or d that fost occur atter the Poffcy Date -thr5 does not limit the cower age descnbed 1n Coveted Risit 7, B d, 22. 23, 24 °' 2& 5 F.atura to pay val:uB few Your Title. 6 Lack of a nght. a. to any Land ootStde the •ea speaf1ctitv dHcribed and r&ferr&d tom p.magraph 3 of Schedule A¥ and b. m streets, :alle)"s. or waterways: that touch the Land This ExcluSJon does not hm1t the coverage descr11>00 in Coveted Ri.s:k 11or18. RESIDENTIAL TITLE INSURANCE POLICY ONE-TO-FOUR FAMILY RESIDENCE ENHANCED VERSION (1997) EXCLUSIONS in add1tmn to the Exceptions in Schedule Bf you .-a not insured -aairwt Joa. costs, attorneys• fees, mid expenses resulting from: 1. Governmental pcMice power, and the existence Of violation of any Jaw or govarnment reguhtbon. This ind• 1de."\ bUl!d1ng and zonmq ordinances and also laws and regulations concarr.ng· a {~1,d usa; b 1mproveme1't& on the taod; c.. lard d1vi&1ons; Of d en~ironmental protection. Th"' {'>Xcl'.1~on does not apply to v1otat1ons or the enforcement of these matt£tfs which appe• in the pubHc reccxds al' Policy Date. Thts exdus1on doe& not limit the co118" ag& de&:cnbed in Item 12c: and d, 13 and 18 of Coveted Tille rusk.&. 2. Too nghr to I' aka the !and by condemning it, unless· a a notice of exercuang the oght appe•s •n the pubhc records on the Pohc" Date; or b the taking happened pnor to the Policy Data all<! is bonding on you 1! you bought the land without knowmg of the taking. 3. Title Risks; .a. that •e created, allowed. or agreed to by you: b. that ae known to ~ou. but not to us. on the P~ic:y Data • unless they appeared in the pubhc records; c that recult in no Joss to you; or d. that first affect voor title .after the Policy Dato· this: does not lunit the coverags described m ltems 3b, 6, 17 sod 19 of Colf'ered Title Ru;ks 4-Failure to pay value for your title. 5. lack of a right; [a) to any Jaod outside the area specifically de1;cribed and ref&rrnd to in Item 3 of Schedule A or tbl m streats, atleys, or waterways that touch your land. This exclusi:on does not 1'mit the coverage dBSCfibed m Iterns 5 and 12a of the Covered Title Risks. I ,...-· n 0 c s »-.. .. ... i "! "' .. ... -.. .. . ~ .. . "': "> .. ;o::.:: £~ ca IDN mW ....JI o::o 2il ,,.. E • . gj t-t ~ • "O Cl ;o r-Cl .... ..,, •••• -· ~@ -l 0 @ :"@) \ •. :r -w© ~o •. • . ' 21z.-~s 0 co 09/08/199i KJA CHANGES Bl.14 OLD re --Jl 23 34/JS 751141. /C. S'·S9 19 434.3 Z6f!JI 40 82 IZ41 14 4U2- .-5' -,0,.,,. (HJ ~ ~SUI ~ ..flt& - :.u~-r.:-2 Is.: I/"' J/ ~ ;:;~ I~ '•'I• .30 -"!J !5 4644 ~Uo ";",....,., .. .:~-ss .. * ~ IJll J' » !"cir UH«U 40 NJ4. f,; -fO 41' 451<41 9Q lil£D 43 :r;;. 00 4854 I\ i\ I c 0