HomeMy WebLinkAboutCUP 03-20; North Ponto Toilet Building; Conditional Use Permit (CUP)OCTOBER 17, 2003
TO: FRANK JIMENO
GREG RYAN
FROM: Senior Planner Munoz
CUP 03-20/CDP 03-27 - NORTH PONTO TOILET BUILDING
The attached resubmittal responds to the City completer letter dated July 25, 2003. The City
letter and the applicant response letter and revise exhibit is provided for your review.
Please provide me with written comments by November 17,2003;
Let me know if you would like to discuss this project further.
Feel free to contact me with any questions at 602.4608
ERIC MUNOZ
Senior Planner
From: Frank Jimeno
To: Eric Munoz; jahlstro@parks.ca.gov
Subject: Re: CDP/Toilet Exhibit - Dec 30, 2003
Engineering comments:
1. Add some dimensions to the site plan: footprint dimensions, distance to bluff edge, distance to bike
lane, depth of holding tank, width of traffic lanes & bike lane.
2. Label bike lane.
3. Expand Section A-A to include area from bike lane to toe of bluff.
>» Eric Munoz 12/30/03 03:06PM >»
Jeff
there are a few items we still need on the exhibits, please call me, but the following are needed items:
1. need property line (even partial) on site plan
2. still need floor plans and elevations (similar to catalog sheets) in addition to sections.
3. no color/bldg materials noted on plans; catalog sheets indicate up to four wall textures and up to three
roof textures, please specify bldg material and colors proposed using elevation exhibits.
4. based on floor plans in catalog sheets (please add to exhibit sheet) the bldg footprint appears to be
about 6 x 14 (= 84 sq. ft) and the summary sheet notes a bldg size of 67 square feet, please address.
5. add property owner name and site APN to cover sheet, (two APN's provided, please clarify)
6. add legal description in box on cover sheet
7 on elevations, in addition to color and materila info, provide height dimension to peak of structure.
8. on site plan; in addition to property lines, denote/provide symbol for the chainlink fenceline, the walkway
and the bluff edge. Also provide dimensions for the toilet bldg footprint.
9. what is stripped area shown underneath toilet bldg on site plan ? provide symbol/legned as appropriate
if meant to stay on the exhibit.
10. on site plan; provide dimensions for typical parking space and HC space.
11. is toilet to be 24 hour use or closed ? if so by whom and by what schedule.
FRANK: if you require anything to the exhibits, please indicate via email reply to all.
we are tracking toward Feb 4 but these items and exhbit requests must be addressed asap. we can talk
specifics on the phone, you will have about week-plus to do it, but we can talk on phone as well.
EM
12.30.03
CC: Don Rideout; jbuen@parks.ca.gov
State of California » The Resources Agency _ _ Gray Davis, Governor
DEPARTMENT OF PARKS AND RECREATION • P.O. Box 942896 • Sacramento, CA 94296-0001 Ruth G. Coleman. Director
Southern Service Center
8885 Rio San Diego Drive, Suite 270
San Diego, CA 921 08
61 9-220-5300 - Fax: 61 9-220-5400
October 2, 2003
Mr. Michael J. Holzmiller, Planning Director
City of Carlsbad, Planning Department
1 635 Faraday Avenue
Carlsbad, Calif. 92008-7314
SUBJECT: CUP 03-20/CDP 03-27 - NORTH PONTO TOILET BUILDING
Dear Mr. Holzmiller:
This letter is in response to the Planning/Engineering Exhibit Comments "Issues of Concern"
items noted on the attachment included with your letter dated July 25, 2003, related to the
processing of Land Use Permit Application for the above noted project at South Carlsbad State
Beach.
We have the following responses to the items noted in the "Issues of Concern" sheet:
1 . Done. See revised exhibit drawing.
2. Same as 1 . above.
3. Included with this re-submittal letter.
4. Done. See revised exhibit drawing.
5. Done. See note on revised plan.
6. This toilet will be managed/maintained by park maintenance staff. It will be pumped out
periodically when full, based on frequency of usage. Service will be from a contract sewage
pumping truck. There is adequate space (outside of the 6' wide bicycle lane) for a pumping
truck to pull alongside during pumping.
7. Included with original application submittal. Another copy is attached to the re-submittal.
8. Done.
Sincerely,
Jeff Ahlstrom, Associate Civil Engineer
Southern Service Center
RECEIVED
OCT 0 2 :;oi
CITY OF CARLSBAD
PLANNING DEPT
City of Carlsbad
Planning Department
July 25, 2003
Jeff Ahlstrom
California Department of Parks and Recreation
8885 Rio San Diego Drive, Suite 270
San Diego, CA 92108
SUBJECT: CUP 03-20/CDP 03-27 - NORTH PONTO TOILET BUILDING
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department
has reviewed your Conditional Use Permit and Coastal Development Permit, application no.
CUP 03-20 and CDP 03-27, as to its completeness for processing.
The application is complete, as submitted. Although the initial processing of your application
may have already begun, the technical acceptance date is acknowledged by the date of this
communication. The City may, in the course of processing the application, request that you
clarify, amplify, correct, or otherwise, supplement the basic information required for the
application. In addition, you should also be aware that various design issues may exist. These
issues must be addressed before this application can be scheduled for a hearing. The
Planning Department will begin processing your application as of the date of this
communication.
At this time, the City asks that you provide three complete sets of the development plans so
that the project can continue to be reviewed. Please see attached Exhibit Comments.
Please contact your staff planner, Eric Munoz, at (760) 602-4608, if you have any questions or
wish to set up a meeting to discuss the application.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
MJH:EM:vd
Don Rideout, Team Leader
Frank Jimeno, Project Engineer
File Copy
Data Entry
Planning Aide
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
ISSUES OF CONCERN
Planning/Engineering:
Exhibit Comments - North Ponto Toilet Building
1. Please put the project title, North Ponto Toilet Building, and project #'s: CUP 03-
20 and CDP 03-27 on the cover sheet.
2. Please note the site's zoning and General Plan designation on the cover sheet
(Open Space for both) and also note the proposed building size and height.
3. Provide a current to last 6 months property title report.
4. Site Plan: (a) expand the area shown to include the median at the north end of
the non-HC spaces that are aligned parallel to the western curb line, (b) provide
a new north/south cross section through the structure.
5. An on-site inspection revealed cars parking inconsistent with the striping shown
on the plans. Project conditions will include re-striping of the parking stalls;
please add a note to the site plan re: striping of the stalls.
6. How will this toilet be managed/maintained. What will be the required frequency
of maintenance and how will service occur? Is there adequate space for
servicing given the coast highway and beach parking traffic. What on-site
circulation requirements are needed for toilet maintenance.
7. Per required checklist items: please submit toilet floor plans and elevations of the
structure with building and roof materials and colors noted. Staff may require a
material and color sample to share with the Planning Commissioners during
briefings prior to the actual PC hearing.
8. Reformat exhibits into the standard of 24 x 36" sheets; perhaps all will fit on one
sheet.
Commonwealth
1455 Frazee Road
Suite 600
San Diego, CA 92108
Phone: (619)686-2157
State of California
8885 Rio San Diego Dr. #270
San Diego, Ca. 92108
Attn: Jeff Ahlstrom
Your Reference No: State of California
Property Address: Vacant Land
Our File No: 03673375 - 499 - 674
Title Officer: Ranny Harper
(rharper@landam.com)
Phone: (619) 686-2195
Fax: (619) 299-1718
PRELIMINARY REPORT
Dated as of September 15, 2003 at 7:30 a.m.
In response to the above referenced application for a policy of title insurance, Commonwealth Land
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 Exclusion from the coverage of said Policy or Policies are set forth in
Exhibit B 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.
Please read the exceptions shown or referred to below and the exceptions and exclusions
set forth in Exhibit B 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
OCT 0 2 20H
CITY OF CARLSBAD
PLANNING DEPT
CLTA Preliminary Report (Rev. 1-1-95)
Page 1
File No: 03673375
SCHEDULE A
The form of policy of title insurance contemplated by this report is:
A Preliminary Report Only
The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
State of California
The land referred to herein is situated in the County of San Diego, State of California, and is described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Page 2
File No: 03673375
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of
California, described as follows:
All that portion of La Costa State Beach and South Carlsbad State Beach, in the
City of Carlsbad, County of San Diego, State of California, according to Official
Plats thereof, lying Westerly of the Westerly right of way line of the California
State Highway Road XI-SD-2B, (known as Hwy 101); lying Southerly of the
Southerly boundary, and the Southwesterly prolongation of s|^r boundary of Lot
1 of Poinsetta Beach Unit No. 1, according to Map thereof No. 3897, filed in the
Office of the County Recorder of San Diego County and lying Northerly of the
Northerly boundary, and the Westerly prolongation of said boundary of Sea Bluff
Village, according to Map thereof No. 7274, filed in the Office of the County
Recorder of San Diego County, May 3, 1972.
EXCEPTING THEREFROM that portion of land described in Deed to the State of
California, filed in the Office of the County Recorder of San Diego County,
October 16, 1985 as File No. 85-383319 of Official Records.
ALSO EXCEPTING THEREFROM that portion described as follows:
Beginning at the intersection of the Northerly line of Lot 10, Section 33,
Township 13 South, Range 4 West, San Bernardino Meridian, as said Lot 10 is
shown on Record of Survey No. 528, filed in the Office of County Recorder of San
Diego County, February 7, 1936, with the Southwesterly line of California State
Highway Road XI-SD-2B, thence South 66° 46' West, along said Northerly line
and along the prolongation thereof, 459.74 feet to an angle point in the Westerly
boundary of the land described under Parcel 2 in Deed to George N. Rhue, et ux,
recorded January 5, 1955, in Book 5486, Page 291 of Official Records, thence
along said boundary South 36° 44' East 108.27 feet and South 37° 56' West
30.91 feet to the True Point of Beginning, thence continuing along the boundary
of said Rhue land, South 51° 04' East 77.50 feet, thence South 67° 32' East
75.00 feet, South 78° 12' East 100.00 feet and South 14° East 116.37 feet to an
angle point in the boundary of said Rhue land, thence South 89° 53' West to the
Northeast corner of Lot 429 of Sea Bluff Village, according to Map thereof No.
7274, filed in the Office of the Recorder of said County, May 3, 1972; thence
continuing South 89° 53' West 10.16 feet; thence North 09° 10' 14" West 156.37
feet to a line having a bearing of South 64° 16' West from the True Point of
Beginning, thence North 64° 16' East to the True Point of Beginning.
Assessor's Parcel Number: 210-100-03; 210-120-29 ; 211-030-29 ;
214-150-19 ; 216-140-08 ; 216-041-23 and
216-041-25
Page 3
File No: 036/3375
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in
said policy form would be as follows:
A. The following Assessor's Parcel Numbers are unassessed: 210-120-29; 210-100-03; 211-030-
29; 214-150-19; 216-140-08; 216-041-23 and 216-041-25.
1. Any adverse claim based upon the assertion that some portion of said land is tide or
submerged lands, or has been created by artificial means or has accreted to such portion so
created.
2. Any rights in favor of the public which may exist on said land if said land or portions thereof
are or were at any time used by the public.
3. Any adverse claim based upon the assertion that any portion of said land was not tideland
subject to disposition by the State of California, or that any portion thereof has become
submerged land by reason or erosion or has become upland by reason of accretion.
4. Rights and easements for commerce, navigation and fishery.
5. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: State of California
Purpose: drainage, excavation and embankment slopes
Recorded: April 25, 1924 in Book 751, Page 375, April 25, 1924 in Book 751
Paid 377, April 23, 1925 in Book 1073, Page 395, August 30, 1935
in Book 432, Page 60 all of Deeds
Affects: The exact location and/or extent of said easement is not disclosed
in the public records.
6. A waiver of any claims for damages to said land by reason of the location of a freeway or
highway contiguous thereto as contained in a document
In Favor of: State of California
Recorded: June 11, 1934 in Book 297, Page 324 of Official Records
7. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: State of California
Purpose: public highway
Recorded: August 30, 1935 in Book 432, Page 60 of Official Records
Affects: said land more particularly described therein.
Page 4
File No: 03673375
8. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: Wm. G. Kerchkoff Company
Purpose: public utilities, ingress and egress
Recorded: April 3, 1944 in Book 1661, Page 197 of Official Records
Affects: The exact location and/or extent of said easement is not disclosed
in the public records.
9. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: San Diego Gas & Electric Company
Purpose: public utilities, ingress and egress
Recorded: October 6, 1945 in Book 1961, Page 43 of Official Records
Affects: said land more particularly described therein.
10. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: San Diego Gas & Electric Company
Purpose: public utilities, ingress and egress
Recorded: December 13, 1950 in Book 3896, Page 221 of Official Records
Affects: said land more particularly described therein.
11. The fact that the ownership of said land does not include rights of access to or from the street
or highway known as Highway 101, abutting said land, such rights having been severed from
said land by the document
Recorded: June 18, 1953 in Book 4894, Page 494 of Official Records
12. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: State of California
Purpose: ingress and egress
Recorded: December 14, 1953 in Book 5076, Page 239 of Official Records
Affects: said land more particularly described therein.
13. The fact that the ownership of said land does not include rights of access to or from the street
or highway known as Highway 101, abutting said land, such rights having been severed from
said land by the document
Recorded: July 23, 1954 in Book 5310, Page 473 of Official Records
14. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: George N. Rhue and Elizabeth C. Rhue, husband and wife as joint
tenants
Purpose: ingress and egress over traveled road to hilltop property
Recorded: January 5, 1955 in Book 5486, Page 291 of Official Records
Affects: The exact location and/or extent of said easement is not disclosed
in the public records.
Page 5
File No: 03673375
15. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: George N. Rhue and Elizabeth C. Rhue, husband and wife as joint
tenants
Purpose: road and water line
Recorded: January 13, 1956 in Book 5939, Page 142 of Official Records
Affects: The exact location and/or extent of said easement is not disclosed
in the public records.
16. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: City of Carlsbad
Purpose: water pipe
Recorded: June 28, 1961 as File No. 110698 of Official Records
Affects: said land more particularly described therein.
17. An agreement to which reference is hereby made for full particulars,
Dated: June 8, 1964
By and between: State of California and Vista Sanitation District and the City of
Carlsbad
Regarding: sewer pipeline for the discharge of treated effluent into the Pacific
Ocean
Recorded: August 12, 1964 as File No. 146211 of Official Records
18. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: Vista Sanitation District and The City of Carlsbad
Purpose: sewer pipeline
Recorded: August 12, 1964 as File No. 146211 of Official Records
Affects: The exact location and/or extent of said easement is not disclosed
in the public records.
19. The fact that the ownership of said land does not include rights of access to or from the street
or highway known as Highway 101, abutting said land, such rights having been severed from
said land by the document
Recorded: October 6, 1964 as File No. 182343 of Official Records
20. The fact that the ownership of said land does not include rights of access to or from the street
or highway known as Interstate 5, abutting said land, such rights having been severed from
said land by the document
Recorded: June 18, 1965 as File No. 108756 of Official Records
21. An easement for the purpose shown below and rights incidental thereto as reserved in a
document
Purpose: ingress and egress by boat to the Pacific Ocean
Recorded: November 12, 1965 as File No. 205389 of Official Records
The exact location and/or extent of said easement is not disclosed in the public records.
Page 6
File No: 03673375
22. The Reservation in Deed from Palmer Conner and Audene M. Conner, husband and wife, to
Lake Arrowhead Commercial Co., a Corporation, recorded November 12, 1965 as File No.
205390 of Official Records. EXCEPTING AND RESERVING FROM the land herein described such
rights as the Grantor may hold or acquire under that certain Agreement made as of April 22,
1965 by and between Palmer Conner, et al, as sellers and Jules Berman, as buyer.
23. An agreement to which reference is hereby made for full particulars,
Dated: April 12, 1965
By and between: Palmer Conner, et al and Jules Berman, a married man
Regarding: construction of a channel
Recorded: November 12, 1965 as File No. 205391 of Official Records
24. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: Palmer Conner, et al
Purpose: ingress and egress by boat to the Pacific Ocean
Recorded: November 12, 1965 as File No. 205391 of Official Records
Affects: The exact location and/or extent of said easement is not disclosed
in the public records.
25. An agreement to which reference is hereby made for full particulars,
Dated: November 6, 1965
By and between: Milton E. Ross, as Trustee under the last will of Anna Virginia
Hecker, deceased and Palmer Conner
Regarding: construction of a channel
Recorded: November 12, 1965 as File No. 205574 of Official Records
26. An agreement to which reference is hereby made for full particulars,
Dated: May 4, 1965
By and between: Willis E. Lamb, a single man and Jules Berman, a married man
Regarding: construction of a channel
Recorded: January 14, 1966 as File No. 8012 of Official Records
27. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: Willis E. Lamb, a single man
Purpose: ingress and egress by boat to the Pacific Ocean
Recorded: January 14, 1966 as File No. 8012 of Official Records
Affects: The exact location and/or extent of said easement is not disclosed
in the public records.
28. An agreement to which reference is hereby made for full particulars,
Dated: February 14, 1966
By and between: Constance S. Sammis and Lake Arrowhead Commercial Co., a
Corporation
Regarding: construction of a channel
Recorded: February 17, 1966 as File No. 28315 of Official Records
Page 7
File No: 03673375
29. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: Constance S. Sammis
Purpose: ingress and egress by boat to the Pacific Ocean
Recorded: February 17, 1966 as File No. 28315 of Official Records
Affects: The exact location and/or extent of said easement is not disclosed
in the public records.
30. Notice of Consent to Use of Land, pursuant to Section 813 of the Civil Code, executed by Milton
R. Nims & Audrey 3. Nims, recorded July 30, 1974, Recorder's File No. 74-204670 of Official
Records, which sets forth consent of the use of the herein described land for certain purposes.
31. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: Milton R. Nims and Audrey J. Nims, husband and wife
Purpose: roadway
Recorded: April 29, 1976 as File No. 76-127563 of Official Records
Affects: said land more particularly described therein.
A Plat is attached to and made a part of said document which indicates the location or
approximate location of said easement.
32. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: Milton R. Nims and Audrey 3. Nims, husband and wife
Purpose: roadway and utilities
Recorded: April 29, 1976 as File No. 76-127564 of Official Records
Affects: said land more particularly described therein.
A Plat is attached to and made a part of said document which indicates the location or
approximate location of said easement.
33. An agreement to which reference is hereby made for full particulars,
Dated: October 30, 1986
By and between: State of California and City of Carlsbad
Regarding: seawall
Recorded: 3uly 10, 1987 as File No. 87-387573 of Official Records
34. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: City of Carlsbad
Purpose: seawall
Recorded: 3uly 10, 1987 as File No. 87-387573 of Official Records
Affects: said land more particularly described therein.
Page 8
File No: 03673375
35, A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby.
Amount: $9,432.00
Dated: September 5, 1974
Trustor: W. L. Zongker
Trustee: First American Title Insurance Company, a California Corporation
Beneficiary: Carlsbad Unified School District
Recorded: March 9, 1978 as File No. 78-093949 of Official Records
END OF SCHEDULE B EXCEPTIONS
PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH
FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION
Page 9
File No: 03673375
REQUIREMENTS SECTION:
None
Page 10
File No: 03673375
INFORMATIONAL NOTES SECTION
NOTE NO. 1: Privacy notice (15 U.S.C. 6801 and 16 CFR part 313):
We collect nonpublic personal information about you from information you provide on forms and
documents and from other people such as your lender, real estate agent, attorney, escrow, etc. We
do not disclose any nonpublic personal information about our customers or former customers to
anyone, except as permitted by law. We restrict access to nonpublic personal information about
you to those employees who need to know that information in order to provide products or services
to you. We maintain physical, electronic and procedural safeguards that comply with federal
regulations to guard your nonpublic personal information.
NOTE NO. 2: The information on the attached plat is provided for your convenience as a guide to
the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a
part of any policy, report or guarantee to which it may be attached.
NOTE NO. 3: California insurance code section 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 by wire transfer may be disbursed upon receipt. Funds deposited with the company
via cashier's check or teller's check drawn on a California based bank may be disbursed on 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 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. Those benefits may include, without limitation,
credits allowed by such financial institution on loans to the company 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.
WIRING INSTRUCTIONS FOR THIS OFFICE ARE:
UNION BANK
530 "B" STREET
SAN DIEGO, CALIFORNIA 92101
BANK NUMBER: 122000496
CREDIT: Commonwealth Land Title Co.
ACCOUNT NUMBER: 9100899563
RE: 03673375 499 - 674
PLEASE INDICATE Commonwealth Land Title Company ESCROW OR TITLE ORDER
NUMBER
Page 11
File No: 03673375
NOTE NO. 4: The charges which the company will make for next day messenger services (i.e.
Federal Express, UPS, DHL, Airborne, Express mail, etc.) Are $15.00 per letter, standard overnight
service, and $25.00 for larger size packages and/or priority delivery services. Such charges
include the cost of such messenger service and the company's expenses for arranging such
messenger service and its overhead and profit. Special messenger services will be billed at the
cost of such services. There will be no additional charge for pick-up or delivery of packages via the
company's regularly scheduled messenger runs.
NOTE NO. 5: If taxes are posted paid less than 45 days, the Company will hold the tax amount
plus delinquency amount until 45 days have elapsed. If taxes have been paid through an impound
account or if a copy of the cancelled check can be provided to us, this requirement can be waived.
Typist: bw3
Date Typed: September 26, 2003
Page 12
Exhibit B (Rev. 6/2/98)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY- 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of
! (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land (ii)
the character, dimensions or location of any improvement now or hereafter erected on the land (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has
been recorded in the public records at Date of Policy
2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding
on the rights of a purchaser for value without knowledge
3 Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant
became an insured under this policy;
(c) Resulting in no loss or damage to the insured claimant;
(d) Attaching or created subsequent to Date of Policy, or
(e) Resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy
4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness to comply with the applicable doing business
laws of the state in which the land is situated.
5 invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law
b Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state
insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records
2 Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof
3 Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5 (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the
public records.
6
CALIFORNIA LAND TITLE ASSOCIATION
HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from
1 Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning:
a. building
b zoning
c land use
d improvements on the Land
e. land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16,17 or 24.
2 The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public
Records at the Policy Date.
3 The right to take the Land by condemning it, unless:
a a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy date and is binding on You if You bought the Land without knowing of the taking
4 Risks:
a that are created, allowed, or agreed to by You, whether or not they appear in the Public Records,
b. that are known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c that result in no loss to You; or
d that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8d, 22, 23, 24 or 25
5 Failure to pay value for Your Title.
6 Lack of a right:
a to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the land.
This Exclusion does not limit the coverage described in Covered Risk II or 18.
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-2-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1 Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning:
• Land use
• Improvements on the land
• Land division
• Environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks
2 The right to take the land by condemning it, unless;
• A notice of exercising the right appears in the public records on the Policy Date
• The taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3 Title Risks:
• That are created, allowed, or agreed to by you
• That are known to you, but not to us, on the Policy Date - unless they appeared in the Public Records
• That result in no loss to you
• That first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item B of Covered Title Risks
4 Failure to pay value for your title.
5 Lack of a right:
• To any land outside the area specifically described and referred to in Item 3 of Schedule A
OR
• In streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in hem 5 of Covered Title Risks
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay toss or damage, costs, attorney's fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy,
use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (Hi) a separation in ownership or a change in the dimensions or area
of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent
that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged
violation effecting the land has been recorded in the public records at Date of Policy.
2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of
Policy which would be binding on the rights of a purchaser for value without knowledge.
3 Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the
date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to
the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the Hen of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with
applicable doing business laws of the state in which the land is situated.
5. Invalidity or Unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit
protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work
which at Date of Policy the insured has advanced or is obligated to advance.
7. 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:
the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or
the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
the transaction creating the interest of the insured mortgagee being deemed a pre
(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
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage
policy will also include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may resuh in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the pubic records.
2. Any facts, rights, interests or claim which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b)
or (c) are shown by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
And
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy,
use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area
of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent
that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violating affecting the land has been recorded in the public records at Date of
Policy.
(b) Any governmental policy power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, Hen or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of
Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant'
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the
date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by the 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 the 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
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage
Policy will also include the following General Exceptions.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the pubic records.
2. Any facts, rights, interests or claim which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b)
or (c) are shown by the public records
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