HomeMy WebLinkAboutCUP 08-12; 7-ELEVEN GAS STATION; Conditional Use Permit (CUP)• • CITY OF CARLSBAD
LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPT. USE ONLy) (FOR DEPT. USE ONLy)
0 Administrative Permit 0 Planned Development Permit
0 Administrative Variance 0 Planned Industrial Permit
0 Coastal Development Permit 0 Planning Commission
Determination
00 Conditional Use Permit Cu.p ciall 0 Precise Development Plan
0 Condominium Permit 0 Redevelopment Permit
0 Environmental Impact Assessment 0 Site Development Plan
0 General Plan Amendment 0 Special Use Permit
0 Habitat Management Plan Permit 0 Specific Plan
0 0 +eAtatil .. e PaF691 Map Hillside Development Permit Obtain from Engineering Department
D Local Coastal Program Amendment 0 Tentative Tract Map
0 MasterPlan 0 Variance
0 Minor Conditional Use Permit 0 Zone Change
0 Non-Residential Planned Development 0 List other applications not
specified
2) ASSESSOR PARCEL NO(S).: tl (\ .. 050 - ( -, .
3) PROJECT NAME: 1 -£ L.eJ"£N CuP
4) BRIEF DESCRIPTION OF PROJECT: E:~~\O~ ~ c~f ;(Jdlh\1" C0~ ~B .-q'/..~
Fo~ 1-£c..~~ ~ ~AS ~1'I\5"oN
5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type)
fJJ I JJTC R-f.o a;;lO LL ~ '1--£ thJ e+J \ tJc .
MAILING ADDRESS MAILING ADDRESS ~ 4-'+0, H~'';:)C.Hf!$;rE{l.. S-rc-.c;2.0" 330 t;.l.AH~'T ~ f:. JJ C-J tv 1 T.q S el1 tf;;)..{)d. t "1b 0 # {;3;)-I'i III
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
6~E~,CA q 2'3'2.J
EMAIL ADDRESS: EMAIL ADDRESS: Al£t.cloPd e 14 , .. (Ci~
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 O~~~HAT ALL THE ABOVE INFORMATION IS TRUE AND K"':lGE ~ "L, (a!D.1
COR TTOT~KNOWLEDGE. . ~-i(,·o8 SIGNA~1J'r • ?f..Of. R. • DATE SIGNATURE DATE
NOTE: A. PROPOSED PROJECT REQUIRING MUl.1R.E APPUCAT10NS BE FLED. MUST BE SUBMITTED PRIOR TO 3:30 P.II.
A. PROPOSED PROJECT REQUIRING ONLY ONE A.PPI.JCA.TION BE FLED. MUST BE SUBIIITTED PRIOR 1'0 4:. P.II.
Form 14 Rev. 03I0B PAGE 1 OF4
•
7) BRIEF LEGAL DESCRIPTION
8) LOCATION OF PROJECT:
ON THE I SoV?1 I
(NORTH, SOUTH, EAST, WEST)
BETWEEN ,-I __ ~~===-_---'
(NAME OF STREET)
•
STREET ADDRESS
SIDE OF I PAl.OHA;lL.A\ P\POf\."\ ~.
(NAME OF STREET)
AND 1 UlS€ 0 V'=:.t.. fJ OA ~
(NAME OF STREET)
9) 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. I/wE CONSENT TO
ENTRY FOR THIS PURPOSE.
10) NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF
RESTRICTION BEING RECORDED ON THE MLE TO HIS PROPERTY IF CONDITIONED FOR THE
APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
~wt~~A?uii6t;tJT _?f1D p. H6 Po.
FOR CITY USE ONLY
Form 14 Rev. 03/08
JUN 16 2008
CITY OF CARLSBAD
PLANNING DEPT
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
PAGE2OF4
• •
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: __ f._-J.._~ __ S_\Q1_I)_f'_G_u_P_1,.._C6_-_"-_""_2-_~ _____ _
APPLICANT NAME: __ ,_-_8k_?U_~ __ \~_C_1 __________ _
Please describe fully the proposed project by application type. Include any details
necessary to adequateJy explain the scope and/or operation of the proposed project.
You may also include any background information and supporting statements regarding
the reasons for, or appropriateness of. the application. Use an addendum sheet if
necessary.
Project Descrtption 10196 Page 1 of 1
• •
-.-_C..:::::...-;....:;i_t.:;:..'1"111-_0~f~l:ail(l!?a,ai,alliiln~~I!i1ilrl.L!Pllail,?-li41,1D~
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 Councilor 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.
Not8::;T~~W/~~~('!i-:?i' t~::!::·~i:::-;: ~~~~;~:::~:. _~:.~::~ ~.~ ~_,~:-":j'·~:-;:~~i~·i-J~:· _~r~'-:.~~~~·~.~!.~' -~> .. ~~. ~4~.qr;:~.~~;.":'~ :: .. ~l;~~;,:-~~:~~·~~: ... , ... · -~< :-~ _ ._
Pe~~~.~.~!;!~f!e~t~,;~~y;i!ld~~d,u~I;.Ji~;;~~.e~~}p{JoJlJt~flt4~;~~.~~~~;~~~'·.9IUbi.~te~al ?rga~~ion" ~orp~qmoni;~ta~, ~~'r~elver, sYQd~,.IPJhrs_~iJOji,!Y oJher::COUf!ty·icltya"dcOJ.lnty •.. c~ty mUnicipality, dlstnet or 09i~ 'po!~~J ~~!,atY~I~R~r ~~y ptf1er.grou~. ~r·.~~bl~n,~~n9.ilfa._~ftlt:·,,::~~ ~':j,~''-: ':, ,: ~ . .-, .' , -.'.
· __ '...r._~-.:-:._~.r:-__ ';:.:'!:J.:,,-:';_'. __ -!"'.:'-"-':·-~ ~.:_-:--::<-":~.~_';.">'_-:;-=_:';-"~~_ ,-;i:"'-. t:.~l-~"'."'-T;:~~;''''-:: -': ..... -" ...... "7~ ... -.' --
Ageld8' fpsy. Sigli: thiS' ~oCuriltiOf~Vei,)~~j~f~me:~~: ~iHY' of the 'aPPIiCa~t 'arid property owner must be ~ided l!.eloW.~:'-. '. ~~;::~ : :.; ;:::. -".-, :---.:--':;-, -.-.' .... . ,:;' __ . -.. ~.:.': ': -:." .' ~: '.
1.
2.
APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest
in the appJication. 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.)
Person A U; 'I. C i.o p~ Corp/Part -r -£l.€V ('+.l ~ C .
Tille ~1. t.S'i'I'llE ~4~ Tille ~ Q;.
Address 330 1:. ~8~'\ (};;1rJ) Address (12. "2 to\.!""' ~ if 'a~e::;,
&'4'""A, CA q '1.8J.t "()J\t.\,A S .,-", '1 S'l(H
OWNER (Not the owner's agent) I
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-APPUCABLE (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.) SEE-}=J7If\<:.ffQ>
Person Corp/Part vJ 1 fJTfYL 'Q20 Lu::
TlUe ____________________ ___ Title ~------------------------
Address, __________________ _ Address <..t '-( 0' l-'1.AAk ~S~ \SJ. ':-f 'k/p
~~i.tJ"'S . cA ,l..e/} .. 'f
1635 Faraday Avenue • Cartlbad, CA 92008-1314. (76Da 602-4600 • FAX (78D) 802-8559 • www.ci.carIsbad ca.us (j
.... ,.. .. • •
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, Jist the
names and addresses of ~ person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non ProfitITrust Non ProfitITrust'--_______ _
Title Title'-___________ _
Address. _________ _ Address'-________________ __
4. Have you had more than $500 worth of business transacted with any member of City staff,
Boards, Commissions. Committees and/or Council within the past twelve (12) months?
DYes Il9 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.
(p I\~lo'(
Signature of owner/date
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
~I-lES j.J. ASHC{2:A~T .
Print or type name of owner/applicant's agent
H:ADMlN\COUNTEmDlSCLOSURE STATEMENT 12106 Page2of2
• •
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
Consultation Of Lists of Sites Related To Hazardous Wastes
(Certification of Compliance with Govenunent Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous
Wastes and Substances Sites List compiled by the California Environmental Protection Agency and
hereby certify that (check one);
gj The development project and any alternatives proposed in this application are not contained on
the lists compiled pursuant to Section 65962.5 of the State Government Code.
D The develoPment project and any alternatives proposed in this application m contained on the
lists compiled pursuant 10 Section 65962.5 of the State Government Code.
APPLICANT PRO~ERTY OWNER
Name: 1-ELeV~It-L. Name:WINT€.R, 60d.D LL~
Address: 330£Jl~cr ~&.c..vtT' fbAddress:1f-if.OI HeN (HEsleR. ·AtJ~ I ~/E. dO~
Ci3"€'4 , 0. q '), ¥ 1 f ,;; NC I tV I LA S) CPr 9;;.0 a-y-
Phone Number: '71'-/ -~ 14 ... 'f ~5q Phone Number: 7" 0 --G, 3 ';2 -I goo
Address of Site: tio, PAl,O~ AP.Pots PaM, (AM.s8A-()
Local Agency (City and County):, __ C_cOJ_J_, _T\\--X._O_{: __ S_I\-t..\ __ ()_'<.._·~_o _______ _
Assessor's book, page, and parceJ number: ___ ~_,_\_-_O_';_v_r _-_, 1--:-, __________ _
Specify list(s): f;;t-l VIQO'J)o(<., 0uPdLFJ~O .t-lfoa. ~.!)}lS'-tS~~
Regulatory Identification Number:, _____________________ _
Date OfList: _____ iJ,_-_'_~_-o __ g __________________ _
~ ~ to(~Io'X ~~~ G./lt/O[{
Applicant SignaturelDate Property Owner SignaturelDate ~,y;r-"~c/i rib/-...
AdmiIIlColllllcrlHazWuu:
Commonwealth
LandAmerica Agent Network
7557 Rambler Rd #1200
Dallas, TX 75231
Attn: Melissa Spence
Your Reference No: 901 Palomar Airport
•
Commonwealth Land Title Company
750 liB" Street
Suite 3000
San Diego, CA 92101
Phone: (619) 233-3000
Our File No: 05725284 -988-05
Commercial Title Officer:
Danette Starling
E-Mail: (dstarling@landam.com)
Phone: (619) 230-6350
Fax: (619) 233-4607
Property Address: .901 Palomar Airport ReI, , California
PRELIMINARY REPORT
>
fSMed_ as 1)1' June 13, 2008 at 7:-30 a.m.
In response to the above referenced application for a policy of title insurancer 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 forthr 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 and Limitations on Covered Risks of said
Policy or Policies are set forth in Exhibit B 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
Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar
Limit of Liability for certain coverages are also set forth in Exhibit B. 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 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.
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.
elTA Preliminary Report (Revised 11-17-06)
Page 1
File No: 05725284
SCHEDULE A
The form of policy of title insurance contemplated by this report is:
Miscellaneous Title
The estate or interest in the land hereinafter described or referred to covered by this report is:
AFEE
Title to said estate or interest at the date hereof is vested in:
Winter 6020 LLC, a California limited liability company
The land referred to herein is situated in the County of San Diego, State of California, and IS described
as follows:
SEE EXHIBIT "Au ATTACHED HERETO AND MADE A PART HEREOF
Page 2
File No: 05725284
EXHIBIT "A"
All that certain real property situated in the County of San Diegol State of
Californial described as follows:
A portion of Parcel 2 of Parcel Map No. 1951 in the City of Carlsbadl County of
San Diegol State of Californial filed in the Office of the County Recorder of San
Diego CountYI January 301 1970 as Instrument No. 18100 of Official Recordsl
described as follows:
Beginning at the Northeast corner of Parcel 2 of said Parcel Map No. 195; thence
along the Easterly line of said Parcel 2, South 02°11'21" West, 136.00 feet to the
Southeasterly corner of said Parcel 2; thence North 87°48'39" West, 179.98 feet
to the Easterly right-of-way of Paseo del Norte; thence along said right-of-way
North 02c10'50" East, 116.00 to the beginning of a tangent 20.00 foot radius
curve concave to the Southeast; thence 'Northerly and Easterly along said arc
through a central angle of 90°00'31", an arc distance of 31.42 feet; thence South
87°48'39" East, 160.00 feet to the point of beginning.
Excepting therefrom the interest conveyed to the City of Carlsbadl a municipal
corporation by deed recorded June 04, 1990 as Instrument No. 1990-301341 of
Official Records.
Assessor's Parcel Number: 211-050-17
Page 3
File No: 05725284
SCHEDULE B -Section A
The following exceptions will appear in policies when providing standard coverage as outlined
below:
1. (a) Taxes or assessments that 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; (b)
proceedings by a public agency that 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 that are not shown by the Public Records but that could
be ascertained by an inspection of the Land or that may asserted by persons in possession of
the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the
Title that would be disclosed by an accurate and complete land survey of the Land and 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.
Page 4
File No: 05725284
SCHEDULE B -Section 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. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, to be levied for the fiscal year 2008 -2009 which are a lien
not yet payable.
B. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, for the fiscal year 2007 -2008.
1st Installment:
2nd Installment:
Code Area:
Assessment No.:
$3,863.77. Paid.
$3,863.77. Paid.
09000
211-050-17
C. Supplemental or escaped assessments of property taxes, If any, assessed pursuant to the
Revenue and Taxation Code of the State of California.
1. Water rights, claims or title to water, whether or not shown by the public records.
2. A lease with certain terms, covenants, conditions and provisions set forth therein.
Lessor: Carltas Co., a California corporation
Lessee: Atlantic Richfield Company, a corporation
Recorded: February 111 1970 as Instrument No. 024913 of Official Records
The present ownership of the leasehold created by said lease and other matters affecting the
mterest of the lessee are not shown herein.
3. An easement for the
document
Granted to:
Purpose:
Recorded:
Affects:
purpose shown below and rights incidental thereto as set forth in a
San Diego Gas & Electric Company
public utilities, ingress and egress
April 06, 1970 as Instrument No. 59109 of Official Records
Portions of the herein described land, the exact location of which
can be determined by examination of the above-mentioned
instrument, which contains a complete legal description of the
affected portions of said land.
Reference is made to said document for full particulars.
Page 5
File No: 05725284
4. An easement for the
document
Granted to:
Purpose:
Recorded:
Affects:
purpose shown below and rights incidental thereto as set forth in a
San Diego Gas & Electric Company
public utilitiesr ingress and egress
August 05, 1981 as Instrument No. 1981-248283 of Official
Records
Portions of the herein described Jandr the exact location of which
can be determined by examination of the above-mentioned
instrumentr which contains a complete legal description of the
affected portions of said land.
Reference is made to said document for full particulars.
5. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to:
Purpose:
Recorded:
Affects:
Winter Family Partnership, a California Limited Partnership
The Southland Corporation, a Texas corporation
August 25, 1988 as Instrument No. 1988-426073 of Official
Records
The exact location and/or extent of said easement is not disclosed
in the public records.
Reference is made to said document for full particulars.
6. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Dated:
Executed by:
Recorded:
Covenant for Easement
May 30, 1990
Winter Family Partnership, Ray W. Winter & Barbara Winter
June 06, 1990 as Instrument No. 1990-306576 of Official Records
Among other things, said document provides for reciprocal parking and driveway access.
7. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Executed by:
Recorded:
Petitionr Waiver and Consent to Special Assessment Proceedings
Winter Family Partnership
June 14, 1990 as Instrument No. 1990-322489 of Official Records
Among other thingsr said document provides for special assessment district known as Palomar
Airport Road and Interstate 5 Assessment District.
8. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Executed by:
Recorded:
Hold Harmless Agreement -Drainage
Winter Family Partnership, the owner, in favor of the City of
Carlsbad
June 14, 1990 as Instrument No. 1990-322490 of Official Records
Page 6
File No: 05725284
9. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a Record
of Survey
Record of Survey No.
Recorded
13123
April 04, 1991 as Instrument No. 1991-152365 of Official Records
10. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein.
Lessee:
Disclosed by:
Recorded:
7-Eleven Inc.
Mechanic's Uen
March 18, 2004 as Instrument No. 2004-0225122 of Official
Records
The present ownership of the leasehold created by said lease and other matters affecting the
interest of the lessee are not shown herein.
11. We find no open Deeds of Trust of Record.
12. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory
to this Company, or by inquiry of the parties in possession thereof.
13. Any rightsl interests or claims of the parties in possession of said land, including but not limited
to those based on an unrecorded agreementl contract or lease.
14. Any easements not disclosed by those public records which impart constructive notice and
which are not visible and apparent from an inspection of the surface of said land.
15. Discrepancies, conflicts in boundary lines, shortage in areal encroachments or any other facts
which a correct survey would disclose, and which are not shown by the public records.
END OF SCHEDULE B EXCEPTIONS
PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH
FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION
Page 7
File No: 05725284
REQUIREMENTS SECTION:
NONE
Page B
File No: 05725284
INFORMATIONAL NOTES SECTION
NOTE NO.1: 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.2: 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 finandal 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 of California
445 South Figueroa Street
Los Angeles, CA 90071-1655
Phone (800) 218-6466
ABA #122-000-496
Credit To: Commonwealth Land Title Company -Commercial Services
Account #9100511654
RE: 05725284 609-05
PLEASE INDICATE COMMONWEALTH LAND TITLE COMPANY ESCROW OR TITLE ORDER
NUMBER
NOTE NO.3: The charges which the company will make for next day messenger services (i.e.
Federal Express, UPS, DHLr 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.
Typist: cf7
Date Typed: June 25, 2008
Page 9
Exhibit S (Revised 11-17-06)
CAUFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POUCY -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:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating (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 Civ) 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 resultmg from a violation or alleged Violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of emment domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excludmg 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, hens, encumbrances, adverse claims or other matters:
(a) whether or not recorded m the public records at Date of POlicy, but created, suffered, assumed or agreed to by the msured
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 msured 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. UnenforceabiIity 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.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest msured 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 St 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 or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claIms thereof, which are not shown by the public records.
4. DiscrepanCies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (c) water
fights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
CLTA HOMEOWNER'S POUCY OF TITLE INSURANCE (10/22/03)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not msured 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 ordmances, 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 hmit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
File No: 05725284
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 /055 to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, B.d, 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 11 or 18.
UMITATIONS ON COVERED RISKS
Your insurance for the follOWing Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 14:
Covered Risk 15:
Covered Risk 16:
Covered Risk 18:
Your Deductible Amount
1% of Policy Amount or $2,500
(whichever is less)
1% of Policy Amount or $5,000
(whichever is less)
10/0 of Policy Amount or $5,000
(whichever is less)
1% of Policy Amount or $2,500
(whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000
$25,000
$25,000
$5,000
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POUCY (6-1-S7)
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 descnbed 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 8 of Covered
Title Risks
4. Failure to pay value for your title.
S. Lack of a right:
to any land outside the area speCifically described and referred to 10 Item 3 of Schedule A
OR
In streets, alleys, or waterways that touch your land
ThiS exclusion does not limit the access coverage 10 Item S of Covered TItle RISks.
AMERICAN LAND TITLE ASSOCIATION LOAN POUCY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The follOWing matters are expressly exduded 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 (induding 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
File No: 05725284
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 a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in
the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse 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
(el resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage.
4. Unenforceabllity of the lien of the insured mortgage because of the inability or failure of the Insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with 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 PTlority of any statutory lien for services, labor or materials over
the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and
commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the
insured mortgage 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:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;
or
(it) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or 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.
The above polICY form 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 pohcy does not IOsure 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, nghts, interests or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
2006 ALTA LOAN POUCY (06-17-06)
EXCLUSIONS FROM COVERAGE
The followmg matters are expressly excluded from the coverage of thiS policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that anse by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimenSions. or location of any Improvement erected on the Land;
(iii) the subdiVISion of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulabons. This Exdusion lea) does not modify or
limit the coverage provided under Covered Risk 5.
File No: 05725284
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
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 (however, this does not modify or limit the coverage provided under
Covered Risk 11, 13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured
Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
dOing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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 claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated In Covered Risk 13(b) of this poiJcy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. ThiS Exclusion does not modify or limit the
coverage provided under Covered Risk l1(b).
The above policy form 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 Exceptions from
Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by
reason of:
1. Ca) Taxes or assessments that 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; (b) proceedings by a public agency that 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 that are not shown by the Public Records but that could be ascertained by an inspection of
the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and 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 ec) are shown by the Public Records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY (10-17-92)
EXCLUSIONS FROM COVERAGE
The foHowing 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 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 affecting the land has been recorded in
the public records at Date of Policy.
2. Rights of emment 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 1055 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 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
File No: 05725284
(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.
The above pOlicy form 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 public records.
2. Any facts, nghts, Interests or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the pubhc records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or m 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.
2006 ALTA OWNER'S POUCY (06-17-06)
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 that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordmances, or governmental regulations. This Exclusion lea) does not modify or
limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of emment domain. This ExclUSion does not modify or limit the coverage provided under Covered Risk 7 or 8.
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 (however, this does not modify or limit the coverage provided under
Covered Risk 9 and 10); or
(e) resulting m loss or damage that would not have been sustamed if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, IS
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown
ITl Schedule A.
The above policy form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the ExceptlOTlS from Coverage in a Standard Coverage policy will also mclude the following Exceptions from
Coverage:
EXCEPTIONS FROM COVERAGE
ThIS poliq' does not insure agamst loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by
reason of:
1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 that are not shown by the Public Records but that could be ascertained by an inspection of
the Land or that may be asserted by persons in possession of the Land.
3. Easements, hens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse drcumstance affecting the Title that would be disclosed by an
accurate and complete Izmd survey of the Land and 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.
File No: 05725284
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (10/13/01)
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 Landi (iii) a separation in ownership or
a change in the dimensions or areas 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 s
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. This exclusion does not limit the coverage
provided under Covered Risks 12, 13, 14, and 16 of this policy.
(b) Any governrnental police power not excluded by Ca) above, except to the extent that a notice of the exercise thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in
the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and
16 of this 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;
(cl resulting In no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (thiS paragraph does not limit the coverage provided under Covered Risks 8,
16,18,19,20,21,22,23,24,25and26)ior
(el resulting In loss or damage which would not have been sustamed if the Insured Claimant had paid value for the Insured
Mortgage.
4. Unenforceabillty 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 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, except as provided In Covered Risk 27, or any consumer credit protection or
truth In lending law.
6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of POlicy.
This exclusion does not limit the coverage provided under Covered Risks 7, SCe) and 26.
7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications
made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest
co\'ered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8.
8. Lack of priority of the lien of the Insured fo10rtgage as to each and every advance made after Date of POlicy, and all interest
charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured
at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate
of Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not
limit the coverage provided in Covered Risk 8.
9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy 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 Date of Policy.
1 ~800~345-7334 ['-'-n=r~[ ': ~l' ~~ _~_' ~[=~]=_~~~'~'] SCALE IN litO OF tH INtH
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October 28, 2008
Shelley Esteybar, Planner
City of Carlsbad
Planning Department
1635 Faraday Ave.
Carlsbad, CA 92008
LAW OFFICES OF
SOLOMON, SALTSMAN & JAMIESON
A Partnership Including Professional Corporations
426 CULVER BOULEVARD
PLAYA DEL REY, CA 90293
(310) 822-9848
FAX (310) 822-3512 Plar;-l~----:""t
c;;--~
RE: CUP 08-12, 7-11 Gas Station, 901 Palomar Airport Road, Carlsbad, CA.
Dear Ms. Esteybar
Enclosed please find a Preliminary Title Report for the subject site. The requested Storm
Water Management Plan is being prepared now and will be submitted prior to December 16,
2008. Finally, I will also submit the 5 Complete Sets of Development Plans requested in Mr.
Neu's July 16, 2008 letter.
Please let me know if you have any questions.
Thank you.
SOLOMON, SALTSMAN & JAMIESON
DICTATED BUT NOT READ
R. BRUCE EVANS
RBE/nm
Enclosure
f-~C-A-f\7-J\~0lP'SItdIykacr 113.0''-doc
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ASHCRAFT
INVESTMENT
COMPANY, INC.
WINTER 6020 LLC
c/o: Ashcraft Investment Co., Inc.
4401 Manchester Ave., Ste. 206
Encinitas, Ca. 92024
(760) 632-1900
Mr. Ray R. Winter
1909 Meadow Road
Walnut Creek, CA 94595
Mrs. Barbara Winter
1745 Rocky Road
Fullerton, CA 92831
Mr. Duane Winter
7328 Dorr Street
Toledo, OH 43615
4401 MANCHESTER AYE. • SUITE 206 • ENCINITAS, CA 92024
TEL: (760) 632-1900 • FAX: (760) 632-1711 • Email: ashintJCOC..madcom
We incorporated in Texaa1961 as the successor to a Delaware co.·o? of the ~~e name that
operated an ice business org~ 1927. We have no predecessors. We tam our prmclpal place of
business at 1722 Routh Street, Suite 1000, Dallas, Texas 75201. Phone: (972) 828-7011.
We are a wholly owned subsidiary of Seven-Eleven Japan Co., Ltd. ("Seven-Eleven Japan") or its
affiliates. Seven-Eleven Japan is a Japanese corporation formed in 1973, with its principal place of business
at 8-8, Nibancho, Chiyoda-ku, Tokyo 102-8452, Japan. It is a wholly owned subsidiary of Seven and i
Holdings Co. Ltd. ("Seven and i"), and is the largest convenience store chain in Japan. It began operating
and franchising 7-Eleven stores in 1973 after signing an area license agreement with lis, and is our largest
area licensee with more than 11,800 7-Eleven stores in Japan. Seven-Eleven Japan franchises the vast
majority of its stores in Japan, although it does operate some corporate stores. It also owns Seven-Eleven
(Hawaii), Inc., which operates 56 corporate 7-Eleven stores in Hawaii under a separate area license
agreement with us.
Seven and i is a Japanese corporation formed in 2005, with its principal place of business at 8-8,
Nibancho, Chiyoda-ku, Tokyo 102-8452, Japan. It is among the largest retailing companies in Japan. Its
principal business is the operation of approximately 180 superstores that sell a broad range of food, clothing
and household goods. It also operates two restaurant chains under the names "Denny's" and ''Famil,'' and a
chain of supermarkets.
We own a 49% interest in Valso, S.A. de C.V. ("Valso"), a Mexican corporation formed in 1970,
with its principal place of business at Ave. Munich #195 Sur, Col. Cuauhtemoc, San Nicholas de Los Garza,
Monterrey, N.L., Mexico 66450. Valso or its subsidiaries operate approximately 810 7-Eleven stores in
Mexico.
The following is a list of the directors, principal officers and other executives who have management
responsibility in operating our business. The principal occupation and business experience of each of those
persons during the last five years, including the names of prior employers, are indicated below.
Chairman of the Board and Director: Tosbifumi Suzuki
Mr. Suzuki has been a director since March 5, 1991, our Vice Chairman of the Board from 1991 to
2003 and our Chairman of the Board since 2003. In addition, Mr. Suzuki has held or currently holds the
following positions: Chairman and CEO of Ito-Y okado since 2003, President and Chief Executive Officer
from 1992 to 2003, Director since 1971, and in various other capacities since 1963. Chairman of the Board
and Chief Executive Officer of Seven-Eleven Japan since 1992, Director since 1973, and in various other
capacities since 1965. Statutory Auditor of Robinson's Japan Co., Ltd. from 1984 to 2003. Chairman of
Daikuma Co., Ltd. from 1985 to 2002. President of Seven-Eleven (Hawaii) since 1989. Chairman of
7dream.com Co., Ltd. since 2000. Director ofIYG since 1990, President and CEO from 1990 to 2003 and
Chairman of the Board since 2003. President of York Insurance Co., Ltd. from 1993 to 2003. Chairman of
IY Card Service Co., Ltd. since 2001.
President, Chief Executiye Officer and Director: Joseph M. DePinto
Mr. DePinto has been a director since January 1, 2006, and our President and Chief Executive
Officer since December 1,2005. Mr. DePinto was Vice Presid(;.i.J.t uf Operations at 7-Eleven from 2002 to
March 2005. From March 2005 to December 2005 Mr. DePinto was President at GameStop, Corp. and prior
to joining 7-Eleven in 2002 was Senior Vice President and Chief Operating Officer ofThomton Quick Cafe
& Market.
Director: Yoshitami Arai
Mr. Arai has been a director since January 1,2006, and from March 5, 1991 to November 2005. In
addition, Mr. Arai has held or currently holds the fonowing positions: Chairman of the Board of Systems
International, Inc. a consulting firm for international joint ventures, licensing and investment arrangements,
since 1977. Chairman of Catalina Pacific Media L.L.C. since 1996. Director of Catalina Marlreting Japan
K.K.., Entry Strategies Inc., Pacific Media K.K.. and Industrial Suppliers SA. Chairman of JAIC-Shimai
Capital L.L.C. Senior Adviser, Welsh Development Agency, a British government organization, since 1996.
m
• • Executive Vice President, Chief Operating Officer and Director: Masaald Asakura
Mr. Asakura has been a director since January 1,2006, and from Apri123, 1997 to November 2005.
In addition, Mr. Asakura has held or currently holds the following positions: our Senior Vice President since
May I, 1998; Vice President from May I, 1997 to May I, 1998. General Manager and Overseas Liaison,
Planning Department, Seven-Eleven Japan from 1995 to 1997; employee of Seven-Eleven Japan since 1976;
Director since 1991. Executive Vice President and General Manager of Seven-Eleven (Hawaii), Inc. from
1991 to 1994.
Director: Jay \\7. Chai
Mr. Chai has been a director since January 1,2006, and from March 5, 1991 to November 2005. In
addition, Mr. Chai has held or currently holds the following positions: Chairman of the Board and Chief
Executive Officer of ITOCHU International Inc. from 1991 until his retirement in June 2001, Chief
Operating Officer from 1989 to 1991, Executive Vice President from 1986 to 1991, Senior Vice President
from 1982 to 1985, Director from 1983 unti12001. Vice Chairman ofITOCHU Corporation from 2000 to
June 2001, Executive Vice President from July 1993 to 2000, and in various other capacities since 1986.
Director of Isuzu Motors Limited from 1984 to 2002. Managing Director of Bricolage Capita] LLC since
August 2003.
Director: Masaald Kamata
Mr. Kamata has been a director since March 5, 1991. In addition, Mr. Kamata has held or currently
holds the following positions: Vice Chainnan of Seven-Eleven Japan since 1997 and Director since 1978.
President and Chief Executive Officer of Seven-Eleven (Hawaii) since 1992, and Director since 1989.
Director ofIYG since 1990, Treasurer from 1990 to 2003, and Chief Executive Officer since 2003. Director
ofIY Card Service Co., Ltd. since 2001. Chairman of Union Lease Co., Ltd. since 2001.
Director: Nobutake Sato
Mr. Sato has been a director since March 5, 1991. In addition, Mr. Sato has held or currently holds
the following positions: Executive Vice President of Ito-Yokado since 1993, Executive Vice President and
Chief Financial Officer from 1996 to 1998, Senior Managing Director from 1985 to 1993; Employee since
1964. Director of Denny's Japan Co., Ltd. since 1973, Maryann Co., Ltd. since 1982, Oshman's Japan Co.,
Ltd. since 1984 and Marudai Co., Ltd. since 1989. President ofUrawa Building Co., Ltd. since 1985, Nitsu
Systems Kaihatsu Co., Ltd. since 1986 and Waiaru Kaihatsu Co., Ltd. since 1988. Director and Vice
President ofIYG since 1990.
We have employed the following individuals for at least the last 5 years in the same basic functions
that their titles indicate, except as indicated:
Executive Vice President and Chief Financial Officer: Stanley Reynolds Mr. Reynolds was previously
Senior Vice President and Treasurer.
Senior Vice President, Strategic Planning Carole Davidson Ms. Davidson was previously Vice
President, Investor Relations.
Senior Vice President, Merchandising : Kevin Elliott Mr. Elliott was previously Vice President,
Merchandising and Managing Director of Procurement.
Senior Vice President and General Counsel: David T. Fenton
f
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Senior Vice President, Human Resources : Krvstin Mitchell Ms. Mitchell has been Senior Vice President
or Vice President, Human Resources since joining the company in March 2005. Before joining 7-Eleven,
Ms. Mitchell was Vice President of Human Resources at FedEx Kinkos and held human resource director
positions at Home Depot.
Senior Vice President. Store Operations : Darren Rebelez Mr. Rebelez has been Senior Vice President.
Store Operations since joining the company in July 2007. Before joining 7-Eleven, Mr. Rebelez worked with
ExxonMobil heading up franchising for their On the Run franchise, led U.S Distributor Fuels pricing and was
head of U.S. Category Management.
Senior Vice President, National Franchising and Development : Jeffrey Schenck Mr. Schenck was
previously Vice President, Great Lakes Division and Vice President, Franchising.
Senior Vice President and Chief Information Officer: Sharon StuftIebeme Ms. Stufflebeme has been
Senior Vice President or Vice President and Chief Information Officer since October 2006, and Vice
President, Business Solution Delivery and Software Support and/or Director of Oracle ERP since joining the
Company in 2004. Before joining 7-Eleven, Ms. StufIlebeme worked with Hitachi Consulting in the retail
industry program and Arthur Anderson, where she was responsible for retail technology for the company's
Western Region.
Vice President, Strategic Planning: Shinji Abe Mr. Abe has been Vice President, Strategic Planning since
January,2008. In addition, Mr. Abe is an Officer, International Business Planning of Seven and 1.
Vice President, Northeast Division: Bob Cozens Mr. Cozens was previously in our merchandising
department.
Vice President, Canada Division : W. Timothy Donegan
Vice President. Southwest Division : Frank Gambina Mr. Gambina was previously Vice President,
National Franchise and Vice President, Mid-Pacific Division.
Vice President, North Pacific Division: David Huey
Vice President, Florida Division: Brad Jenkins Mr. Jenkins was previously Director of Retailer Initiative.
Vice President, Gasoline: Gary Lockhart
Vice President and Treasurer: Shiro Ozeki Mr. Ozeki has been Vice President and Treasurer since
January 1,2006. Before joining 7-Eleven, Mr. Ozeki was an auditor for Seven Bank Ltd. From February
2001 to June 2002, and Director and Executive Officer oflto-Yokado from June 2002 to December 2005.
Vice President, Central Division: Allen P. Pack Mr. Pack was previously operations manager in the
Central Division.
Vice President, Strategic Planning : Ryoji Sakai Mr. Sakai has been Vice President, Strategic Planning
since January, 2008. In addition, Mr. Sakai is an Executive Officer, Planning Department of Seven-Eleven
Japan.
Vice President, Great Lakes Division : Nancy Smith Ms. Smith was previously Vice President, Field
Merchandising. .t
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• • Vice President, Chesapeake Division : Joseph M. Strong
Vice President, Controller and Chief Accounting Officer: Donald Thomas Mr. Thomas was previously
Vice President, Human Resources, Vice President, Central Division and Vice President, Chief Accounting
Officer and Controller.
Corporate Learning and Development Director: Judy Affek
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