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HomeMy WebLinkAboutCUP 02-05A; LOT 23 AUTO STORAGE FACILITY; Conditional Use Permit (CUP). CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) LI Administrative Permit LI Administrative Variance LII Coastal Development Permit ,Jeo2ooc,Ac Conditional Use Permit t_'S LI Condominium Permit LII Environmental Impact Assessment LI General Plan Amendment LI Hillside Development Permit LI Local Coastal Program Amendment LI Master Plan LI Minor Conditional Use Permit LI Non-Residential Planned Development LI Planned Development Permit (FOR DEPARTMENT USE ONLY) LI Planned Industrial Permit LI Planning Commission Determination LI Precise Development Plan LI Redevelopment Permit LI Site Development Plan LI Special Use Permit LI Specific Plan LI Tentative Parcel Map Obtain from Engineering Department LI Tentative Tract Map LI Variance LI Zone Change LI List other applications not specified 4 2) ASSESSOR PARCEL NO(S).: I —O3 -Soc 3) PROJECT NAME: t-OT ZI 17%-;C—. 4) BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) t-t Nt MAILING ADDRESS ADDRESS MAILING ADDRESS I LLQJ -16C e OLL \ LLA n_ CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE s1 c.4 'izi2 L4 CtLi z EMAIL ADDRESS: t-t (A-c z EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOWLEDGE ORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION jç Z C*s Tter t - 4 Ui.tr .j.. '.-j-p liZ. 1 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. Form 14 8) LOCATION OF PROJECT: -- ON THE SIDE OF ci r (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I 4 4 —tt I -AND (NAME OF STREET) C- 4 I I (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE Ft 10) PROPOSED NUMBER OF LOTS 11) NUMBER OF EXISTING 12) PROPOSED NUMBER RESIDENTIAL UNITS OF RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION 14) PROPOSED IND OFFICE/ 15) PROPOSED COMM SQUARE FOOTAGE SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED 17) PROPOSED INCREASE 18) PROPOSED SEWER PROJECT IN OPEN SPACE INADT USAGE INEDU 19) GROSS SITE ACREAGE 22) EXISTING ZONING 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING 21) PROPOSED GENERAL PLAN DESIGNATION 24) HABITAT IMPACTS IF YES, ASSIGN HMP # YIN 25) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE FOR CITY CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED RECEIVED JAN 052007 DATE SAMAERLICATION RECEIVED 'JkNNJN RECEIVED BY: G DEPT TOTAL FEE REQUIRED Form 14 . . Jqp~ DURKIN DEVELOPMENT CO. City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: Extension of Conditional Use Permit at 5819 Dryden Place Dear Sirs: On behalf of Durkin/Hoehn Lot 23, LLC, I would like to make a formal application to extend our present Conditionals Use Permit for an additional five (5) years. Enclosed is a completed application and the required checks. If you have any questions or need further information., please contact me. Thank you, Michael kin 4660 LA JOLLA VILLAGE DRIVE. SUITE 1080 • SAN DIEGO. CALIFORNIA 92122 • TELEPHONE 64-9 535-3808 • FAX 009 535-3813 United Title Company 8880 Rio San Diego Drive, Suite 100, San Diego, Ca 92108 PRELIMINARY REPORT Absolute Escrow 5208 Jackson Dr #113 La Mesa, Ca 91941 Attn.: CAREN CASH Property Address: 5819 Dryden Place, Carlsbad, CA Our Order No.: 40704118-41 Your Reference: DURKIN-CAC When Replying Please Contact United Title Company 8880 Rio San Diego Drive, Suite 100 San Diego, Ca 92108 (800) 424-8821 (619) 542-7193 FAX Attn.: Teri Lyer In response to the application for a Policy of Title Insurance, United 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, insunng against loss Which may be sustained by reason of any defect, hen or encumbrance not shown or referred to as an exception herein and/or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies of Title Insurance are set forth in Addendum A attached. The policy to be issued may contain an arbitration clause. When the Amount of insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowners Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Addendum A. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth In Addendum 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 Policy or Policies of Title Insurance 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. This report (arid any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a Policy or Policies of Title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a Policy or Policies of Title Insurance, a Binder or Commitment should be requested. Dated as of October 17, 2007, at 7:30 am. Teri Lyer RECEIVED Teri Lyer Title Officer OCT 302007 CITY OF CARLSBAD PLANNING DEPT t 4 ORDER NO 40704118-41 SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: DURKIN/HOEHN-LOT 23, LLC 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ATM ATTACHED HERETO AND MADE A PART HEREOF Mm ORDER NO 40704118-41 EXHIBIT "A" LOT 23 PF CARLSBAD TRACT NO., 81-46 UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.. 11287, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1985. -3- ORDER NO 40704118-41 SCHEDULE B 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 ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2007-2008 WHICH ARE A LIEN NOT YET PAYABLE. 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2007-2008. 1ST INSTALLMENT: $3,786.86 UNPAID 2ND INSTALLMENT: $3,786..86 UNPAID EXEMPTION: NONE CODE AREA: 09104 PARCEL NO.: 212-091-03 3. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW: ASSESSMENT (OR BOND) NO.: SERIES: DISTRICT: FOR: BOND ISSUED: ORIGINAL AMOUNT: NONE 85-2 CARLSBAD 1915 ACT-COLLEGE BLVD MARCH 25, 1986 $ N ONE 4. 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. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. 5. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. 6. AN EASEMENT FOR POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED APRIL 15, 1954 IN BOOK 5205, PAGE 416 OF OFFICIAL RECORDS, LOCATED WITHIN LOT 23 AS SHOWN ON SAID MAP NO. 11287 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. -4- ORDER NO 40704118-41 7. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW: MAP NO,.: 11287 PROVISIONS: DECLARANT AGREES TO INDEMNITY AND HOLD THE CITY OF CARLSBAD HARMLESS FROM AND AGAINST (1) LIABILITY FOR PERSONAL INJURY, (2) LIABILITY FOR PROPERTY DAMAGE, AND (3) LIABILITY RESULTING FROM JUDGMENTS RENDERED IN INVERSE CONDEMNATION ACTIONS. THIS INDEMNIFICATION SHALL APPLY TO THE FOREGOING TYPES OF LIABILITY WHICH ARE CAUSED BY OR RESULT FROM (1) THE OPERATION OF THE PALOMAR AIRPORT, (2) AIRCRAFT USING PALOMAR AIRPORT OR (3) THE CITY'S APPROVAL OF THE FINAL MAP FOR THIS PROJECT. THIS INDEMNIFICATION SHALL APPLY TO THAT PORTION OF THE PROJECT LOCATED WITHIN THE FAA CLEAR ZONE" OR "CRASH ZONE" AS IDENTIFIED ON THE ENVIRONMENTAL IMPACT REPORT (EIR31- 6) PREPARED IN CONNECTION WITH THE DECLARANTS APPLICATION FOR A FINAL MAP FOR THE PROJECT. THIS PROVISION SHALL BE BINDING UPON AND SHALL INURE TO THE BENEFIT OF DECLARANTS SUCCESSORS-IN- INTEREST, TRANSFEREE, AND ASSIGNS, UPON THE TRANSFER OR ASSIGNMENT OF THE PROPERTY MAKING UP THE PROJECT, DECLARANT SHALL BE RELIEVED OF ALL OBLIGATIONS, DUTIES, RESPONSIBILITIES, AND LIABILITIES IMPOSED UPON IT BY THIS INDEMNIFICATION, PROVIDED THAT DECLARANTS SUCCESSOR EXPRESSLY ASSUMES SUCH OBLIGATIONS. THIS PROVISIONS SHALL RUN WITH THE LAND. -5- ORDER NO 40704118-41 8. COVENANTS, CONDITIONS AND RESTRICTIONS AS SET FORTH IN THE DOCUMENT RECORDED: SEPTEMBER 12, 1986 AS INSTRUMENT NO. 86- 401456 OF OFFICIAL RECORDS BUT OMITTING ANY COVENANT OR RESTRICTION BASED UPON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT SAID COVENANT (A) IS EXEMPT UNDER TITLE 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956..1 OF THE GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. AN EASEMENT FOR COMMON AREA AND INCIDENTAL PURPOSES AS SET FORTH IN THE INSTRUMENT ABOVE MENTIONED. MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED: JANUARY 28, 1987 AS INSTRUMENT NO. 87- 048040 OF OFFICIAL RECORDS. 9. AN EASEMENT FOR COMMON AREA AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD AIRPORT CENTRE, OWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION, RECORDED OCTOBER 31, 1986 AS INSTRUMENT NO. 86-497819 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: AS FULLY DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CARLSBAD AIRPORT CENTRE, SAN DIEGO COUNTY, CALIFORNIA RECORDED SEPTEMBER 12, 1986 AS INSTRUMENT NO.. 86-401456 OF OFFICIAL RECORDS. ORDER NO 40704118-41 10. AN AGREEMENT REGARDING RIGHT-OF-WAY USE, DATED NOVEMBER 12, 1986, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: SAN DIEGO GAS AND ELECTRIC COMPANY AND CARLSBAD AIRPORT CENTRE, A CALIFORNIA LIMITED PARTNERSHIP RECORDED: NOVEMBER 18, 1986 AS INSTRUMENT NO. 86-529968 OF OFFICIAL RECORDS., REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 11. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, PIPELINES AND APPURTENANCES FOR ANY AND ALL PURPOSES, COMMUNICATION FACILITIES, AND APPURTENANCES, THE RIGHT OF INGRESS AND EGRESS, TO, FROM AND ALONG AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JUNE 12, 1987 AS INSTRUMENT NO. 87-328080 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT CERTAIN STRIP OF LAND 6.00 FEET IN WIDTH, LYING WITHIN SAID LOTS 2, 15, 17, 23 AND 25, LYING ADJACENT TO AND COINCIDENT WITH THE EXTERIOR BOUNDARIES OF "PALOMAR AIRPORT ROAD", "CAMINO VIDA ROBLE, "PALOMAR OAKS WAY", "DRYDEN PLACE," "OWENS AVE -, AND "WRIGHT PLACE", ALL STREETS AS SHOWN AN DELINEATED ON SAID MAP NO. 11287, EXCEPTING THEREFROM, THAT CERTAIN STRIP OF LAND 6.,00 FEET IN WIDTH, LYING WITHIN SAID LOTS 13 AND 15, LYING A ADJACENT TO AND COINCIDENT WITH THE EXTERIOR BOUNDARY OF SAID "WRIGHT PLACE". REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AFFECTS: THE HEREIN DESCRIBED LAND AND OTHER LAND. 12. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES, CONSISTING OF TWO (2) CONDUITS AND (1) ONE HAND HOLE (JUNCTION BOX) FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION FACILITIES CONSISTING OF TWO (2) CONDUITS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION, RECORDED JANUARY 22, 1999 AS INSTRUMENT NO. 99-0037431 OF OFFICIAL RECORDS, LOCATED WITHIN A PORTION OF LOT 23. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AFFECTS LOT 23 -7- ORDER NO 40704118-41 13.. A DECLARATION OF RESTRICTIVE COVENANT RUNNING WITH THE LAND RECORDED JUNE 14, 2001 AS INSTRUMENT NO.. 2001-0399150 OF OFFICIAL RECORDS. AFFECTS LOT 23 14. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: MICHAEL J DURKIN AND SHERYL K DURKIN, TRUSTEES OFT EH DIJRKIN FAMILY TRUST DATED JUNE 10, 1999 (NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT) PURPOSE: PRIVATE DRAINAGE RECORDED: JUNE 10, 2002 AS INSTRUMENT NO. 02- 0488314 OF OFFICIAL RECORDS AFFECTS: THAT PORTION OF SAID LAND DESCRIBED THEREIN. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 15. AN INSTRUMENT UPON THE TERMS AND CONDITIONS CONTAINED THEREIN. ENTITLED: AIRCRAFT OPERATIONS, SOUND, AIR SPACE AND AVIGATION EASEMENT DEED CASE NO. CUP 02-05 RECORDED: JUNE 28, 2002 AS INSTRUMENT NO. 02- 550 472 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. : ORDER NO 40704118-41 16. COVENANTS, CONDITIONS AND RESTRICTIONS AS SET FORTH IN THE DOCUMENT RECORDED: JUNE 28, 2002 AS INSTRUMENT NO. 02- 0550705 OF OFFICIAL RECORDS BUT OMITTING ANY COVENANT OR RESTRICTION BASED UPON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT SAID COVENANT (A) IS EXEMPT UNDER TITLE 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS.. NOTE: SECTION 12956..1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. 17. AN INSTRUMENT UPON THE TERMS AND CONDITIONS CONTAINED THEREIN.. ENTITLED: NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO. CUP 02-05 RECORDED: JUNE 28, 2002 AS INSTRUMENT NO. 02- 0550708 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 18. A CONSENT AGREEMENT, REGARDING NEW VEHICLE STORAGE LOT, RECORDED NOVEMBER 9, 2006 AS INSTRUMENT NO. 06-800404 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.. 19,. NOTE: PLEASE BE ADVISED THAT WE DO NOT FIND ANY OPEN DEEDS OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY OUTSTANDING OBLIGATION, PLEASE CONTACT THIS OFFICE IMMEDIATELY FOR FURTHER REVIEW.. 20. THIS COMPANY WILL REQUIRE THE FOLLOWING IN ORDER TO ISSUE A POLICY INSURING TITLE IN, OR A CONVEYANCE FROM, THE ENTITY NAMED BELOW: NAME: DURKIN/HOEHN-LOT 23, LLC (A) A COPY OF THE ARTICLES OF ORGANIZATION (LLC-1) WHICH HAS BEEN FILED WITH THE SECRETARY OF STATE, AND ALL AMENDMENTS THERETO. ORDER NO 40704118-41 (B) A COPY OF THE OPERATING AGREEMENT FOR SAID COMPANY, TOGETHER WITH A CERTIFICATION BY THE MANAGER(S) OF THE COMPANY STATING THAT IT IS A TRUE AND CORRECT COPY OF THE CURRENT OPERATING AGREEMENT. (C) (IF SAID COMPANY IS MANAGED BY ITS MEMBERS) A CURRENT LIST OF THE NAMES OF ALL OF THE MEMBERS OF THE COMPANY (D) (IF SAID COMPANY WAS FORMED IN A STATE OTHER THAN CALIFORNIA) A CERTIFICATE OF GOOD STANDING FROM THE STATE IN WHICH SAID COMPANY WAS FORMED, TOGETHER WITH A CERTIFIED COPY OF THE APPLICATION FOR REGISTRATION (LLC-5) WHICH WAS FILED WITH THE CALIFORNIA SECRETARY OF STATE. 21. WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: ALL PARTIES TO THIS TRANSACTION (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) -10- ORDER NO 40704118-41 UNITED TITLE COMPANY NOTES 22. NOTE: IF A 1970 ALTA OWNER'S OR LENDER'S OR 1975 ALTA LEASEHOLD OWNER'S OR LENDER'S POLICY FORM HAS BEEN REQUESTED, THE POLICY, WHEN APPROVED FOR ISSUANCE, WILL BE ENDORSED TO ADD THE FOLLOWING TO THE EXCLUSIONS FROM COVERAGE CONTAINED THEREIN: LOAN POLICY EXCLUSION: ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (I) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (II) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE OF EQUITABLE SUBORDINATION; OR (III)THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE: (A) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR (B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. OWNER'S POLICY EXCLUSION: ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED, THE ESTATE OR INTEREST INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (I) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (II) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE: (A) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR (B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. -11- ORDER NO 40704118-41 23. CALIFORNIA INSURANCE CODE 12413..1 REGULATES THE DISBURSEMENT OF ESCROW AND SUB ESCROW FUNDS BY TITLE COMPANIES. THE LAW REQUIRES THAT FUNDS BE DEPOSITED IN THE TITLE COMPANY ESCROW ACCOUNT AND AVAILABLE FOR WITHDRAWAL PRIOR TO DISBURSEMENT. FUNDS DEPOSITED WITH THE COMPANY VIA WIRE TRANSFER MAY BE DISBURSED UPON RECEIPT. FUNDS DEPOSITED WITH THE COMPANY VIA CASHIER'S OR TELLER'S CHECKS DRAWN ON A CALIFORNIA-BASED BANK MAY BE DISBURSED THE NEXT BUSINESS DAY AFTER THE DAY OF DEPOSIT. IF FUNDS ARE DEPOSITED WITH THE COMPANY BY OTHER METHODS, RECORDING AND/OR DISBURSEMENT MAY BE DELAYED. ALL ESCROW AND SUB-ESCROW FUNDS RECEIVED BY THE COMPANY WILL BE DEPOSITED WITH OTHER ESCROW FUNDS IN ONE OR MORE NON- INTEREST BEARING ESCROW ACCOUNTS OF THE COMPANY IN A FINANCIAL INSTITUTION SELECTED BY THE COMPANY. THE COMPANY AND/OR ITS PARENT COMPANY MAY RECEIVE CERTAIN DIRECT OR INDIRECT BENEFITS FROM THE FINANCIAL INSTITUTION BY REASON OF THE DEPOSIT OF SUCH FUNDS OR THE MAINTENANCE OF SUCH ACCOUNTS WITH SUCH FINANCIAL INSTITUTION, AND THE COMPANY SHALL HAVE NO OBLIGATION TO ACCOUNT TO THE DEPOSITING PARTY IN ANY MANNER FOR THE VALUE OF, OR TO PAY TO SUCH PARTY, ANY BENEFIT RECEIVED BY THE COMPANY AND/OR ITS PARENT COMPANY. THOSE BENEFITS MAY INCLUDE, WITHOUT LIMITATION, CREDITS ALLOWED BY SUCH FINANCIAL INSTITUTION ON LOANS TO THE COMPANY AND/OR ITS PARENT COMPANY AND EARNINGS ON INVESTMENTS MADE WITH THE PROCEEDS OF SUCH LOANS, ACCOUNTING, REPORTING AND OTHER SERVICES AND PRODUCTS OF SUCH FINANCIAL INSTITUTION. SUCH BENEFITS SHALL BE DEEMED ADDITIONAL COMPENSATION OF THE COMPANY FOR ITS SERVICES IN CONNECTION WITH THE ESCROW OR SUB-ESCROW. IF FUNDS ARE TO BE DEPOSITED WITH UNITED TITLE COMPANY BY WIRE TRANSFER, THEY SHOULD BE WIRED TO THE FOLLOWING BANK/ACCOUNT: CCMERICA BANK 2321 ROSECRANS AVENUE, SUITE 5000 EL SEGUNDO, CA 90245 * ACCOUNT NO.: 1891611541 ABA NO.: 121137522 REFERENCE: 40704118-41 SHOULD THIS OFFICE BE REQUIRED TO WIRE FUNDS OUT AT CLOSE OF ESCROW, PLEASE BE ADVISED THAT WIRING INSTRUCTIONS SHOULD BE RECEIVED AS SOON AS POSSIBLE. A SERVICE CHARGE WILL BE ASSESSED FOR ALL FUNDS DISBURSED BY THIS COMPANY BY OUTGOING WIRE TRANSFER. 24. THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS TITLE ORDER, WILL BE BASED ON THE SHORT-TERM RATE. WARNING -12- ORDER NO 40704118-41 25. THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. THIS COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP. 26. NOTE: A COPY OF THIS COMPANY'S PRIVACY POLICY NOTICE IS ATTACHED HERETO FOR YOUR REVIEW. IF, FOR ANY REASON, YOU DO NOT FIND IT ATTACHED AND YOU WISH TO REQUEST A COPY, PLEASE CALL OUR TOLL-FREE NUMBER: (800) 464-4882. -13- ORDER NO 40704118-41 Va.1.J2/a-* 0 RDth S La i¼ to 1 a $ I. LID €0 A L I 11 ~- - (11 11 H- - £L -V o I -I-- - C -t -a m t This map Is not a survey. Ws merely a convenience to juxtapose the land to adjoining streets and other lands and not to guarantee any dimension, bearings, or acreage. E, City of Carlsbad 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 oroanization. corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, 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.) PersonMi\-t-L.. tLl"- Corp/Part______________________ Title— tt€* 8i2 _ Title______________________________ Address Address____________________________ 4L L cc4..A \) i LL44 1t tSO t ='' C C#— c:: 2_- 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 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 corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) L LC /rart 4c L4 lL-4 LCeL2 Title - Titlo 444 P,.is &i 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.c,.carlsbad ca.us . . 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? El Yes II4Jo If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all ihe above information is true and correct to the best of my knowledge. -7zL----- zf/o7 Signature of o ner/date Signature of alicant/date 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