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HomeMy WebLinkAboutCUP 16-06; Brewery Igniter; Conditional Use Permit (CUP)(city of Carlsbad APPLICATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Development Permits (FOR DEPT USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) 0 Coastal Development Permit 0 Minor [l] Conditional Use Permit 0 Minor 0 Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit 0 Hillside Development Permit 0 Minor 0 Minor D Nonconforming Construction Permit 0 Planned Development Permit 0 Minor D Residential 0 Non-Residential 0 Planning Commission Determination 0 Reasonable Accommodation D Site Development Plan 0 Special Use Permit 0 Minor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance 0 Minor D General Plan Amendment ()JP\wD~ D Local Coastal Program Amendment D Master Plan 0 Specific Plan D Zone Change 0 Amendment D Amendment D Zone Code Amendment South carlsbad Coastal Review Area Permits D Review Permit 0 Administrative 0 Minor D Major Village Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S) : 209-050-32 PROJECT NAME: Brewery Igniter ------------------------------------------------------------------------BRIEF DESCRIPTION OF PROJECT Two brewery tasting rooms for adjacent suites BRIEF LEGAL DESCRIPTION: PARCEL C OF MINOR SUBDIVISION NO. 98-11, IN THE CITY OF CARLSBAD, LOCATION OF PROJECT: 5840 El Camino Real, Suites 100 & 101 ON THE East (NORTH, SOUTH, EAST, WEST) BETWEEN Faraday Ave (NAME OF STREET) P-1 STREET ADDRESS SIDE OF El Camino Real (NAME OF STREET) AND Orion Rd (NAME OF STREET) Page 1 of 6 Revised 03/16 OWNER NAME APPLICANT NAME (Print): (Print): H.G . Fenton Company same as owner MAILING ADDRESS: 7577 Mission Road, Suite 200 MAILING ADDRESS: CITY, STATE, ZIP: San Diego, CA 92108 CITY, STATE, ZIP: TELEPHONE: \1\q -4-oo-o \'20 TELEPHONE: EMAIL ADDRESS: W\i~.e~ ~fe~, I~ EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES O:;;;.APPLICA~ON n SIGNATURE ~ DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Regina Ochoa, Hofman Planning & Engineering MAILING ADDRESS: 3156 Lionshead Ave, Suite 1 CITY, STATE, ZIP: Carlsbad, CA 92010 TELEPHONE: 760-692-4019 EMAIL ADDRESS: rochoa013@gmail.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ~0(171 -?13\ I\~ SIGNAT E DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. INVE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITlONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTER ST. FOR CITY USE ONLY P-1 Page 2 of6 VED JUN 0 1 2016 RECEIVED BY: Revised 03/16 EIVED (city of Carlsbad DISCLOSURE STATEMENT P-1 (A) Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political" subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Fenton Carlsbad, LLC Title ___________ _ Title _____________ _ Address __________ _ Address 7577 Mission Valley Road, Suite 200, San Diego, CA 2. OWNER (Not the owner's agent) P-1(A) 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, titles, 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 __________ _ Title ___________ _ Address. __________ _ Corp/Part Fenton Carlsbad, LLC Title ______________ _ Address 7577 Mission Valley Road, Suite 200 San Diego, CA 92108 Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit!Trust Non Profit!Trust ·-------------------- Title, ___________ _ Title. ____________ _ Address, __________ _ Address. ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes IS] 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. Sig~~/dat?f Signature of applicant/date M\ k N eq \ Print or type name of owner Print or type name of applicant of owner/applicant's agent if applicable/date Regina Ochoa Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/1 0 (City of Carlsbad PROJECT DESCRIPTION P-1 (B) PROJECT NAME: Brewery Igniter APPLICANT NAME: HG Fenton Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov -------------------------------------------------------- Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: HG Fenton is proposing a Major Conditional Use Permit to entitle two brewery tasting rooms in adjacent suites located at 5840 El Camino Real. Suite 100 will be comprised of a 409 SF tasting room and 1,618 SF manufacturing area. Suite 101 will have a 420 SF tasting room and 1,677 SF manufacturing area. No exterior improvements are proposed as part of this project. Hours of operation for Suites 100 and 101 retail tasting rooms are to be as follows: Monday -Thursday: 3:00 PM -9:00 PM Friday: 3:00 PM -10:00 PM Saturday: 12:00 PM -10:00 PM Sunday: 12:00 PM -8:00 PM P-1(8) Page 1 of 1 Revised 07/1 0 {City of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov P-1 (C) Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): II] 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 are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: Fenton Carlsbad, LLC Name: Fenton Carlsbad, LLC Add 7577 Mission Valley Road, Suite 200 ress: ______________ _ 7577 Mission Valley, Road, Suite 200 Address: __________ _ San Diego, CA 92108 San Diego, CA 921 08 Phone Number: ____________ _ Phone Number: __________ _ Address of Site: 5840 El Camino Real, Suites 100 & 101 Local Agency (City and County): Carlsbad, County of San Diego Assessor's book, page, and parcel number:_2_0_9_-_0_5_0_-_3_2 __________ , ____ _ Specify list(s): _____________________________ _ Regulatory Identification Number: ______________________ _ Date of List: _____________________________ _ Applicant Signature/Da e The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 Per the California Environmental Protection Agency's website, "While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in]1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/Corteselistldefault.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://geotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ca.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmatlhazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCUS") www.epa.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm P-1(C) Page 2 of 2 Revised 02/13 {city of Carlsbad EIA INFORMATION FORM P-1 (D) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1(0) Page 1 of 4 Revised 07/1 0 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: .:fuoQ \ 1 20\b (To be completed by City) AppHcation Number(s): ~~~<~~~~~\~~~-~~~~~~~~~~~~~~~~~~~~~~ General Information 1. Name of project: _B_r_e_w_e____:ry~lg~n_it_e_r~~~~~~~~~~~~~~~~~- 2. Name of developer or project sponsor: _H~. G~. _F_e_n_t_o_n~~~~~~~----~ Address: 7577 Mission Valley Road, Suite 200 3. City, state, Zip Code: San Diego, CA 92108 Phone Number: 760-692-4019 Name of person to be contacted concerning this project: _R_e_g-'--in_a~O_c_h_o~a~~~~~­ Address: 3156 Lionshead Ave, Suite 1 City, state, Zip Code: Carlsbad, CA 9201 0 Phone Number: 760-692-4019 4. Address of Project: 5840 El Camino Real, Suites 100 & 101 Assessor's Parcel Number: 209-050-32 ------------------------ 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. Existing General Plan Land Use Designation: _P_I ______________ _ 7. Existing zoning district: _M_-0 ____________________ _ 8. Existing land use(s): _O_f_f_ic_e_.:....p_a_r_k _________________ _ 9. Proposed use of site (Project for which this form is filed): -~~~~~~~~~~­ Brewery with tasting room Project Description 10. 11. 12: 13. 14. P-1(0) Site size: 4,124 sf (suite 100 = 2,027 sf and suite 101 = 2,097 sf) Proposed Building square footage: Existing building: 43,156 sf Number of floors of construction: Existing 1 story office building Amount of off-street parking provided: _1_4_3 ________________ _ Associated projects: _N_A ______________________ _ Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: ---------- N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: Proposed breweries with tasting room. Total square footage is 4,124 sf. Suite 100 is 2,027 sf with a proposed 409 sf tasting room, suite 101 is 2,097 sf with a proposed 420 sf tasting room. 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: -------- N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ------------------- A CUP is required to ensure brewery compatibility. P-1(0) Page 3 of 4 Revised 07/1 0 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: Yes No D 0 D 0 D 0 D 0 D 0 D 0 D 0 D 0 D 0 D 0 D 0 D 0 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: Signature: For: P-1(0) Page 4 of 4 Revised 07/1 0 BREWERY IGNITER-EIA FORM 31. Currently the project site consists of an existing office building located within a larger office park with associated landscaping and parking. The proposed improvements are all interior and will be contained within existing suites 100 and 101. Site photos are attached to this EIA. 32. The uses surrounding the project site are a Fed Ex shipping center to the northeast, commercial office building to the northwest and south, and El Camino Real to the West. Site photos are attached to this EIA. a::: L.U t:: 2 (.9 Ln '0 """ Q) tl.O ro c... ""'0 QJ OQ I'D N 0 ..... U1 s )> (j) rn =1:1: ...... '. Vl CP ;::::;: :::0 I'D rn ""'0 ~ :::;-rn 0 :::0 .-+ -< 0 "' (j) 2 =l rn :::0 .. 0::: UJ !::: z ~ VI >-0 ...... 0::: 0 UJ ...c ~ 0.. UJ Q) 0::: ...... co Vi N # UJ ~ <l:: ~ r.n '+-0 m Q) ll.O ro 0.. .. s: Vl CJj ;:::;: ::0 )> (!) m G) "'0 ~ m ::J m =1:1: 0 ::0 .-+ w 0 -< V> G) z =i m ::0 .. 0:: UJ !::: z (.? >-0:: UJ $: UJ 0:: co Vl 0 ..... 0 ..c CL Q) ..... Vi '<'.t # UJ (.? <( ~ Ln -0 Ln Q) no ro CL (City of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1 (E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1 (E) Page 1 of 1 Revised 07/10 II ste\Nart title Order No. Title Unit No. PRELIMINARY REPORT 01180-214904 7034 Buyer Buyer Frank Green Stewart Title of California, Inc. San Diego, CA92108 Phone: (619) 398-8035 Fax: (619) 398-8149 fgreen@stewart.com Your File No. Buyer/Borrower Name Seller Name Fenton Carlsbad Lie 73% and Fenton H G Company Co 26% Property Address: 5840-5870 El Camino Real, Carlsbad, CA 92008 In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Stewart Title Guaranty Company 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 referenced to as an Exception on Schedule B 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 A attached. The policy to be issued may contain an arbitration clause. \/\/hen 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 Limits of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report, (and any supplements or amendments thereto) 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. Dated as of April 07, 2016 at 7:30a.m. Frank Green, Title Officer When replying, please contact: Frank Green, Title Officer File No.: 01180-214904 Prelim Report SCE Page 1 of 11 PRELIMINARY REPORT The fonn of Policy of Title Insurance contemplated by this report is: 0 CLTA Standard Coverage Policy 0 CLTAIALTA Homeowners Policy 0 2006ALTA0wner's Policy 0 2006 ALTA Loan Policy 0 ALTA Short Form Residential Loan Policy ~ Report Only SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: A fee as to Parcel(s) 1. An easement more particularly described below as to Parcel(s) 2, 3 and 4. Title to said estate or interest at the date hereof is vested in: Fenton Carlsbad. LLC. a Delaware limited liability company. a cancelled LLC. as to an undivided 73.40% interest: and H.G. Fenton Company. a California corporation. as to an undivided 26.60% interest. as tenants in common File No.: 01180-214904 Prelim Report SCE Page 2 of 11 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, City of Carlsbad and described as follows: PARCEL 1: PARCEL C OF MINOR SUBDIVISION NO. 98-11, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP NO. 18416, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 26, 2000 AS INSTR. # 2000-39031 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ALL OIL AND MINERAL RIGHTS AS RESERVED BY PALOMAR VISTA LTD., A LIMITED PARTNERSHIP IN DEED RECORDED MAY 18, 1960 IN SERIES 1 BOOK 1960 AS INSTR. # 103249, OF OFFICIAL RECORDS. PARCEL2: AN EASEMENT FOR PRIVATE ROAD AND PUBLIC UTILITY EASEMENT PURPOSES FROM THE COUNTY OF SAN DIEGO DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823 THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL 2, PARCEL MAP NO. 13958, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON SEPTEMBER 18, 1985 AS INSTR. # 85-344096; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 2, SOUTH 11°17'03" WEST 761.38 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE, SOUTH 81 °25'02" EAST, 39.02 FEET TO THE BEGINNING OF A TANGENT 121.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°53'56" A DISTANCE OF 33.58 FEET TOA POINT OF COMPOUND CURVATURE OF A TANGENT 10.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH Or18'58" EAST; THENCE NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 106°10'57" A DISTANCE OF 18.53 FEET TO THE POINT OF CUSP OF A TANGENT 386.00 FOOT RADIUS CURE, CONCAVE NORTHEASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 66°20'05" WEST, SAID POINT ALSO BEING A POINT ON A CURVE WHICH LIES 12.00 FEET SOUTHWESTERLY AND CONCENTRIC WITH THE SOUTHWESTERLY SIDELINE OF THAT CERTAIN EASEMENT FOR ROAD AND UTILITY PURPOSES DESCRIBED IN PARCEL NO. 82-0001-B IN DEED TO THE CITY OF CARLSBAD RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JUNE 30, 1982AS INSTR. # 82-201566; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CONCENTRIC CURVE THROUGH A CENTRAL ANGLE OF 11 °48'36" A DISTANCE OF 79.56 FEET TO THE POINT OF CUSP OF A TANGENT 10.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 54°41'29" EAST; THENCE LEAVING SAID CONCENTRIC CURVE, WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71 °20'12" A DISTANCE OF 12.45 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT 179.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 16°38'43" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°13'41" A DISTANCE OF 78.82 FEET; THENCE NORTH 81 °25'02" WEST, 41.75 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID EASTERLY LINE, NORTH 11 °17'03" EAST, 58.06 FEET TO THE POINT OF BEGINNING. PARCEL 3: File No.: 01180-214904 Prelim Report SCE Page 3 of 11 AN EASEMENT FOR LANDSCAPE PURPOSES FROM THE COUNTY OF SAN DIEGO DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823 THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL 2, PARCEL MAP NO. 13958, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON SEPTEMBER 18, 1985AS INSTR. # 85-344096; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 2, SOUTH 11°17'03" WEST 8.11 FEET TO THE BEGINNING OF A NON-TANGENT 23.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 41 ''24'09" EAST, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH ACENTRALANGLE OF 2r46'49" A DISTANCE OF 11.15 FEET TOA POINT ONA LINE WHICH LIES 12.00 FEET WESTERLY AND PARALLEL WITH THE WESTERLY SIDELINE OF THAT CERTAIN EASEMENT FOR ROAD AND UTILITY PURPOSES DESCRIBED IN PARCEL NO. 82-0001-B IN DEED TO THE CITY OF CARLSBAD RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JUNE 30, 1982 AS INSTR. # 82-201566; THENCE SOUTH 11°17'14" WEST (NORTH 10°46'15" EAST PER SAID DEED), 502.18 FEET TO THE BEGINNING OF A TANGENT 386.00 FOOT RADIUS CURVE CONCAVE EASTERLY, SAID CURVE BEING LOCATED 12.00 FEET WESTERLY AND CONCENTRIC WITH SAID WESTERLY SIDELINE OF SAID EASEMENT FOR ROAD AND UTILITY PURPOSES; THENCE SOUTHERLY ALONG THE ARC OF SAID CONCENTRIC CURVE THROUGH A CENTRAL ANGLE OF 34°47'09" A DISTANCE OF 234.35 FEET TO A POINT OF COMPOUND CURVATURE OF A TANGENT 10.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 66°30'05" EAST; THENCE LEAVING SAID CONCENTRIC CURVE, SOUTHERLY, SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID 10.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 1 06°10'57" A DISTANCE OF 18.53 FEET TOA POINT OF COMPOUND CURVATURE OF A TANGENT 121.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL THROUGH SAID POINT BEARS SOUTH Or18'58" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH ACENTRALANGLE OF 15°53'56" A DISTANCE OF 33.58 FEET; THENCE NORTH 81°25'02" WEST, 39.02 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID EASTERLY LINE, NORTH 11 °17'03" EAST, 753.28 FEET TO THE POINT OF BEGINNING. PARCEL4: RECIPROCAL, IRREVOCABLE, AND NONEXCLUSIVE APPURTENANT EASEMENTS WITH THE RIGHT OF ENTRY TO USE THE PARKING AREA WITHIN THE COMMON AREA FOR THE PARKING OF MOTOR VEHICLES (WHERE SO DESIGNATED), PEDESTRIAN AND VEHICULAR TRAVEL (WHERE SO DESIGNATED), INGRESS AND EGRESS AND FOR SUCH OTHER COMMON AREA USES PROVIDED FOR IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED FEBRUARY 2, 2000 AS INSTR. # 2000-0053518 OF OFFICIAL RECORDS. (End of Legal Description) APN: 209-050-32-00 THE MAP CONNECTED HEREWITH IS BEING PROVIDED AS A COURTESY AND FOR INFORMATIONAL PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON. FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. STEWART ASSUMES NO LIABILITY, RESPONSIBILITY OR INDEMNIFICATION RELATED TO THE MAPS NOR ANY MATTERS CONCERNING THE CONTENTS OF OR ACCURACY OF THE MAP. File No.: 01180-214904 Prelim Report SCE Page 4 of 11 SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: Taxes: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2016-2017. B. Assessments, if any, for Community Facilities Districts or a Mello-Roos District affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. C. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California. Exceptions: 1. Easements and rights of way for road and public utilities and incidental purposes, over, under, along and across those easement parcels herein described, as conveyed and reserved by various deeds of record. 2. An easement for roadway, pole line and pipelines and rights incidental thereto in favor of Edward Kelly, et al as set forth in a document recorded July 29, 1936 in Book 541. Page 244, of Official Records, affects said land. The exact location of the easement is not disclosed by the instrument. 3. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in favor of the San Diego Gas and Electric Company as set forth in a document recorded October 31 , 1944 in Book 1767. Page 194, of Official Records, affects a portion of the herein described land. 4. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in favor ofthe San Diego Gas and Electric Company as set forth in a document recorded March 31, 1960 as lnstr. # 65561, of Official Records, affects a portion of the herein described land. 5. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of where required for the construction and maintenance of said land as contained in the deed recorded November 5, 1969 as lnstr. # 203562, of Official Records. 6. An easement or other provisions for the purpose of 30 foot landscape easements and rights incidental thereto as shown on the recorded map no. 13958, which affects as shown thereon. 7. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in favor of the San Diego Gas and Electric Company as set forth in a document recorded November 28, 1989 as lnstr. # 89-640223, of Official Records, affects a portion of the herein described land. 8. Notice of special tax lien for the City of Carlsbad Community Facilities District No. 1 recorded May 20, 1991 as lnstr. # 1991-0236959, of Official Records 9. An easement for drainage, slope and temporary easement for construction and rights incidental thereto in favor of City of Carlsbad, a Municipal corporation as set forth in a document recorded May 12, 1992 as lnstr. # 1992-0287422, of Official Records. File No.: 01180-214904 Prelim Report SCE Page5of11 Said matter affects a portion of said land as more particularly described in said document. 10. Easements as follows as shown on filed map 18416 For : Public street and public utility Affects : As shown thereon For : 30 foot general utility Affects : As shown thereon For : 20 foot drainage Affects : As shown thereon For : Private non-buildable easement reserved for the benefit of : Parcel D Affects : As shown thereon 11 . The fact that the owners of said land have no rights of vehicular access to the street or highway hereinafter mentioned, except at specified points, said rights having been relinquished by the dedication provisions shown on the map of the tract referred to below: Street or Highway El Camino Real Map 18416 Access Points Except at 38.00 foot access opening #1 Said land however, abuts upon a public thoroughfare other than the street or highway referred to above over which rights of vehicular ingress and egress have not been relinquished. 12. Covenants, Conditions, and Restrictions as set forth in an instrument, but omitting, except to the extent permitted by any applicable federal or state law, covenants or restrictions, if any, based on race, color, religion, sex, familial status, national origin, handicap, sexual orientation, marital status, ancestry, source of income, disability, medical condition, or other unlawful basis. Recorded : February 2, 2000 as lnstr. # 2000-0053518, of Official Records Note: Section 12956.1 of the Government Code provides the following: If this document contains any restrictions based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Said Covenants, Conditions, and Restrictions provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which are stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. 13. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in favor of the San Diego Gas and Electric Company as set forth in a document recorded March 13, 2000 as lnstr. # 2000-0125352, of Official Records, affects a portion of the herein described land. The exact location of the easement is not disclosed by the instrument. 14. An easement for water line easement and rights incidental thereto in favor of Carlsbad Municipal Water District, a public agency as set forth in a document recorded March 27, 2001 as lnstr. # 2001-0176769, of Official Records. Said matter affects a portion of said land as more particularly described in said document. 15. The matters contained in an instrument entitled "Hold Harmless Agreement Geological Failure" dated November 1, 2000, by and between The City of Carlsbad and Carlsbad Corporate Center, LLC, a limited liability company upon the terms therein provided recorded April 11, 2001 as lnstr. # 2001-0222276, of Official Records. File No.: 01180-214904 Prelim Report SCE Page 6 of 11 16. The matters contained in an instrument entitled "Hold Harmless Agreement Drainage" dated November 1, 2000, by and between The City of Carlsbad and Carlsbad Corporate Center, LLC, a limited liability company upon the terms therein provided recorded April 11, 2001 as lnstr. # 2001-0222277, of Official Records. 17. An easement for water line easement and rights incidental thereto in favor of Carlsbad Municipal Water District, a public agency as set forth in a document recorded July 19, 2002 as lnstr. # 2002-0609788, of Official Records. Said matter affects a portion of said land as more particularly described in said document. 18. The effect of the following Deed of Trust: (Note that said Deed of Trust recorded with a legal description only affecting Parcel A through the record indicates that the intention may have been to affect the subject land with other property). Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount Dated Trustor Trustee Beneficiary Recorded $10,518,954.73 October 2, 2003 Fenton Carlsbad, LLC, a Delaware limited liability company Stewart Title of California, Inc. N.G. Fenton Company, a California corporation October 17, 2003, as lnstr. # 2003-1278173 of Official Records 19. A lien in the amount of $4 77.00 for weed abatement purposes as disclosed by Resolution No. 2004-261, recorded August 5, 2004 as lnstr. # 2004-0740745, of Official Records. 20. Covenants, Conditions, and Restrictions as set forth in an instrument, but omitting, except to the extent permitted by any applicable federal or state law, covenants or restrictions, if any, based on race, color, religion, sex, familial status, national origin, handicap, sexual orientation, marital status, ancestry, source of income, disability, medical condition, or other unlawful basis. Recorded : April21, 2005 as lnstr. # 2005-0335458, of Official Records Note: Section 12956.1 of the Government Code provides the following: If this document contains any restrictions based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 21. Covenants, Conditions, and Restrictions as set forth in an instrument, but omitting, except to the extent permitted by any applicable federal or state law, covenants or restrictions, if any, based on race, color, religion, sex, familial status, national origin, handicap, sexual orientation, marital status, ancestry, source of income, disability, medical condition, or other unlawful basis. Recorded : July 11, 2005 as lnstr. # 2005-0579628, of Official Records Note: Section 12956.1 of the Government Code provides the following: If this document contains any restrictions based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. File No.: 01180-214904 Prelim Report SCE Page 7 of 11 22. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in favor of the San Diego Gas and Electric Company as set forth in a document recorded October 25, 2005 as lnstr. # 2005-0921982, of Official Records, affects a portion of the herein described land. 23. The matters contained in an instrument entitled "Hold Harmless Agreement Drainage" dated July 5, 2005, by and between H.G. Fenton Company and City of Carlsbad upon the terms therein provided recorded November 18, 2005 as lnstr. # 2005-1001318, of Official Records. 24. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in favor of the San Diego Gas and Electric Company as set forth in a document recorded May 17, 2006 as lnstr. # 2006-0349422, of Official Records, affects a portion of the herein described land. 25. Covenants, Conditions, and Restrictions as set forth in an instrument, but omitting, except to the extent permitted by any applicable federal or state law, covenants or restrictions, if any, based on race, color, religion, sex, familial status, national origin, handicap, sexual orientation, marital status, ancestry, source of income, disability, medical condition, or other unlawful basis. Recorded : December 29, 2006 as lnstr. # 2006-0927068, of Official Records Note: Section 12956.1 of the Government Code provides the following: If this document contains any restrictions based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 26. Terms and provisions of a lease executed by H.G. Fenton Property Company, a California corporation, as lessor, and Sungard Public Sector, LLC, as lessee as disclosed by an instrument recorded March 17,2016 as lnstr. #2016-0117364, 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. 27. Matters which may be disclosed by an inspection or by a survey of said land satisfactory to this Company, or by inquiry of the parties in possession thereof. 28. Rights of tenants in possession of said land by reason of unrecorded leases. Kindly forward said lease, or a current certified tenant rent roll. 29. Rights of parties in possession. 30. This Company will require that corporate revivor papers be filed on Fenton Carlsbad, LLC, a cancelled limited liability company with the California Secretary of State and a certified copy of the Certificate of Revivorship or Statement of Good Standing be provided to this Company prior to the issuance of a policy of title insurance. 31. This Company will require the following documents, in order to insure a conveyance or encumbrance by the corporation or unincorporated association named below: Entity: H.G. Fenton Company, a California corporation a. A copy of the corporation By-Laws or Articles. b. An original or certified copy of the Resolution authorizing the subject transaction. c. If the Articles or By-Laws require approval by a "parent" organization, we will also require a copy of those By-Laws or Articles. File No.: 01180-214904 Prelim Report SCE Page 8 of 11 d. If an unincorporated association, a statement pursuant to applicable law (such as California Corporation Code Section 20002). The right is reserved to add requirements or additional items after completion of such review. Type/Rev: PVA (End of Exceptions) File No.: 01180-214904 Prelim Report SCE Page 9 of 11 NOTES AND REQUIREMENTS For transactions where Stewart Title of California, Inc. is not the settlemenUclosing agent, a signed and dated copy of the attached "Acknowledgment of Receipt, Understanding and Approval of Affiliated Business Arrangement Disclosure Statement and STG Privacy Notice for Stewart Title Companies", will be required prior to recording. A. Property taxes for the fiscal year 2015-2016 shown below are paid. For proration purposes the amounts are: 1st Installment $104,770.12 2nd Installment $104,770.12 Parcel No. 209-050-32-00 Code Area 09013 File No.: 01180-214904 Page 10 of 11 Prelim Report SCE CALIFORNIA "GOOD FUNDS" LAW 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 received by Stewart Title of California, Inc. via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non-interest bearing escrow accounts in a financial institution selected by Stewart Title of California, Inc.. Stewart Title of California, Inc. 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 the financial institution, and Stewart Title of California, Inc. 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 Stewart Title of California, Inc.. Such benefits shall be deemed additional compensation to Stewart Title of California, Inc. for its services in connection with the escrow or sub-escrow. If any check submitted is dishonored upon presentation for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. File No.: 01180-214904 Prelim Report SCE Page 11 of11 Order No.: 01180-214904 Escrow No.: 01180-214904 EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, City of Carlsbad and described as follows: PARCEL 1: PARCEL C OF MINOR SUBDIVISION NO. 98-11, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP NO. 18416, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 26, 2000 AS INSTR. # 2000-39031 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ALL OIL AND MINERAL RIGHTS AS RESERVED BY PALOMAR VISTA LTD., A LIMITED PARTNERSHIP IN DEED RECORDED MAY 18,1960 IN SERIES 1 BOOK 1960AS INSTR. # 103249, OF OFFICIAL RECORDS. PARCEL2: AN EASEMENT FOR PRIVATE ROAD AND PUBLIC UTILITY EASEMENT PURPOSES FROM THE COUNTY OF SAN DIEGO DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823 THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL 2, PARCEL MAP NO. 13958, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON SEPTEMBER 18, 1985 AS INSTR. # 85-344096; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 2, SOUTH 11°17'03" WEST 761.38 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE, SOUTH 81 °25'02" EAST, 39.02 FEET TO THE BEGINNING OF A TANGENT 121.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°53'56" A DISTANCE OF 33.58 FEET TOA POINT OF COMPOUND CURVATURE OF A TANGENT 10.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH Or18'58" EAST; THENCE NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 106°1 0'57" A DISTANCE OF 18.53 FEET TO THE POINT OF CUSP OF A TANGENT 386.00 FOOT RADIUS CURE, CONCAVE NORTHEASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 66°20'05" WEST, SAID POINT ALSO BEING A POINT ON A CURVE WHICH LIES 12.00 FEET SOUTHWESTERLY AND CONCENTRIC WITH THE SOUTHWESTERLY SIDELINE OF THAT CERTAIN EASEMENT FOR ROAD AND UTILITY PURPOSES DESCRIBED IN PARCEL NO. 82-0001-B IN DEED TO THE CITY OF CARLSBAD RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JUNE 30, 1982AS INSTR. # 82-201566; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CONCENTRIC CURVE THROUGHACENTRALANGLE OF 11 °48'36" A DISTANCE OF 79.56 FEET TO THE POINT OF CUSP OF A TANGENT 10.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 54°41'29" EAST; THENCE LEAVING SAID CONCENTRIC CURVE, WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71 °20'12" A DISTANCE OF 12.45 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT 179.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 16°38'43" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°13'41" A DISTANCE OF 78.82 FEET; THENCE NORTH 81 °25'02" WEST, 41.75 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL2; THENCEALONG SAID EASTERLY LINE, NORTH 11°17'03" EAST, 58.06 FEET TO THE POINT OF BEGINNING. PARCEL 3: AN EASEMENT FOR LANDSCAPE PURPOSES FROM THE COUNTY OF SAN DIEGO DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823 THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL 2, PARCEL MAP NO. 13958, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON SEPTEMBER 18. 1985AS INSTR. # 85-344096; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 2, SOUTH 11 °17'03" WEST 8.11 FEET TO THE BEGINNING OF ANON-TANGENT 23.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 41 °24'09" EAST, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH ACENTRALANGLE OF 2r46'49" A DISTANCE OF 11.15 FEET TO A POINT ON A LINE WHICH LIES 12.00 FEET WESTERLY AND PARALLEL WITH THE WESTERLY SIDELINE OF THAT CERTAIN EASEMENT FOR ROAD AND UTILITY PURPOSES DESCRIBED IN PARCEL NO. 82-0001-B IN DEED TO THE CITY OF CARLSBAD RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JUNE 30, 1982 AS INSTR. # 82-201566; THENCE SOUTH 11°17'14" WEST (NORTH 10°46'15" EAST PER SAID DEED), 502.18 FEET TO THE BEGINNING OF A TANGENT 386.00 FOOT RADIUS CURVE CONCAVE EASTERLY, SAID CURVE BEING LOCATED 12.00 FEET WESTERLY AND CONCENTRIC WITH SAID WESTERLY SIDELINE OF SAID EASEMENT FOR ROAD AND UTILITY PURPOSES; THENCE SOUTHERLY ALONG THE ARC OF SAID CONCENTRIC CURVE THROUGHACENTRALANGLE OF 34°47'09" A DISTANCE OF 234.35 FEET TO A POINT OF COMPOUND CURVATURE OF A TANGENT 10.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 66°30'05" EAST; THENCE LEAVING SAID CONCENTRIC CURVE, SOUTHERLY, SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID 10.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 1 06°10'57" A DISTANCE OF 18.53 FEET TOA POINT OF COMPOUND CURVATURE OF A TANGENT 121.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL THROUGH SAID POINT BEARS SOUTH Or18'58" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH ACENTRALANGLE OF 15°53'56" A DISTANCE OF 33.58 FEET; THENCE NORTH 81 °25'02" WEST, 39.02 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID EASTERLY LINE, NORTH 11°17'03" EAST, 753.28 FEET TO THE POINT OF BEGINNING. PARCEL4: RECIPROCAL, IRREVOCABLE, AND NONEXCLUSIVE APPURTENANT EASEMENTS WITH THE RIGHT OF ENTRY TO USE THE PARKING AREA WITHIN THE COMMON AREA FOR THE PARKING OF MOTOR VEHICLES (WHERE SO DESIGNATED), PEDESTRIAN AND VEHICULAR TRAVEL (WHERE SO DESIGNATED), INGRESS AND EGRESS AND FOR SUCH OTHER COMMON AREA USES PROVIDED FOR IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED FEBRUARY 2, 2000 AS INSTR. # 2000-0053518 OF OFFICIAL RECORDS. APN: 209-050-32-00 (End of Legal Description) AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT Date: April14, 2016 Escrow No.: 01180-214904 Property: 5840-5870 El Camino Real, Carlsbad, CA 92008 From: This is to give you notice that ("Stewart Title") has a business relationship with Stewart Solutions, LLC, DBA-Stewart Specialty Insurance Services, LLC ("Stewart Insurance"). Stewart Information Services Corporation owns 100% of Stewart Insurance and Stewart Title of California. Because of this relationship, this referral may provide Stewart Title a financial or other benefit. Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s) as a condition for purchase, sale, or refinance of the subject Property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Stewart Insurance Settlement Service Hazard Insurance Home Warranty Natural Hazard Disclosure Re_Qort Escrow No.: 01180-214904 ABA Disclosure 2007 BP SCE Charge or range of charges $400.00 to $6,500.00 $255.00 to$ 780.00 $ 42.50 to$ 149.50 Page 1 of 1 FOR TRANSACTIONS WHERE STEWART TITLE OF CALIFORNIA IS NOT CLOSING ESCROW STCAOrder Number: 01180-214904 Subject Property Address: 5840-5870 El Camino Real, Carlsbad, CA 92008 Subject Property APN: 209-050-32-00 ACKNOWLEDGMENT OF RECEIPT, UNDERSTANDING AND APPROVAL OF "AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT" AND "STG PRIVACY NOTICE FOR STEWART TITLE COMPANIES" The undersigned hereby acknowledge that 1/we have received, read, understand and approve 's "Affiliated Business Arrangement Disclosure Statement" and "STG Privacy Notice for Stewart Title Companies", provided to me/us in connection with the above captioned matter. Read and signed on the 12th day of May, 2016 Fenton Carlsbad Lie 73% Buyer Buyer Fenton H G Company Co 26% CLTA Preliminary Report Form Exhibit A (Revised 06-03-11) 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: 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 (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. (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. 6. Any claim, which arises out of the transaction vesting in the insured the estate of 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 8, 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 rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. (Rev. 06-03-11) Page 1 of 4 File Number: 01180-214904 CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE 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 those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 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 limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 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 are recorded 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, 8.e., 25, 26, 27 or 28. 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 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the C>.tmer's Coverage Statement as follows: * For Covered Risk 16, 18, 19, and 21 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 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: (Rev. 06-03-11) Your Deductible Amount 1% of Policy Amount or $2,500.00 (whichever is less) 1% of Policy Amount or $5,000.00 (whichever is less) 1% of Policy Amount or $5,000.00 (whichever is less) 1% of Policy Amount or $2,500.00 (whichever is less) File Number: 01180-214904 Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 Page 2 of 4 2006 ALTA LOAN POLICY (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, ordinances, or governmental regulations. This Exclusion 1(a) 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 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) resuHing 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 policy. 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 11 (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) which 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, liens or encumbrances, or claims thereof, which are 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. 6. Any lien or right to a lien for services, labor or material not shown by the public records. (Rev. 06-03-11) Page 3 of 4 File Number: 01180-214904 2006 ALTA OWNER'S POLICY (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, ordinances, or governmental regulations. This Exclusion 1 (a) 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 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 9 and 10); or (e) resulting in loss or damage that would not have been sustained 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 in 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 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) which 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 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. 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 that 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. Any lien or right to a lien for services, labor or material not shown by the public records. (Rev. 06-03-11) Page 4 of 4 File Number: 01180-214904 STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the nght to lim1t some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Biiley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business-to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes-to process your transactions and maintain your account. This may include running the Yes No business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes-to offer our products and services to Yes No you. For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes-information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and Yes No non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes-information No We don't share about your creditworthiness. For our affiliates to market to you-For your convenience, Yes Yes, send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591 . For non-affiliates to market to you. Non-affiliates are companies No We don't share not related by common ownership or control. They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? • request insurance-related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No:. 01180-214904 Page 1 Revised 11-19-2013 Order No. 01180-214904 AVAILABLE DISCOUNTS DISCLOSURE STATEMENT This is to give you notice that Stewart Title of California, Inc. ("Stewart Title") is pleased to inform you that upon proper qualification, there are premium discounts available upon the purchase of title insurance covering improved property with a one to four family residential dwelling. Such discounts apply to and include: Property located within an area proclaimed a state or federal disaster area; Property purchased from a foreclosing beneficiary or successful bidder at a foreclosure sale; Property being refinanced. Please talk with your escrow or title officer to determine your qualification for any of these discounts. Order Number: 01180-214904 Available Discounts Disclosure Statement SCE City of Carlsbad Faraday Center Faraday Cashiering 001 1615301-2 06/01/2016 149 Wed, Jun 01, 2016 04:04PM Receipt Ref Nbr: R1615301-2/00BO PERMITS -PERMITS Tran Ref Nbr: 161530102 0080 0086 Trans/Rcpt#: R0117782 SET #: CUP16006 Amount: Item Subtota 1 : Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 089621) Check (Chk# 089349) Total Received: Have a nice day! 1 @ $4,962.20 $4,962.20 $4,962.20 $4,962.20 $75.20 $4,887.00 $4,962.20 **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Applicant: HG FENTON COMPANY Description Amount CUP16006 4,962.20 5840 EL CAMINO REAL CBAD Receipt Number: R0117782 Transaction ID: R0117782 Transaction Date: 06/01/2016 Pay Type Method Description Amount Payment Check 4,962.20 Transaction Amount: 4,962.20 City of Carlsbad Faraday Center Faraday Cashiering 001 1623501-2 08/22/2016 149 Mon, Aug 22, 2016 08:52 AM Receipt Ref Nbr: R1623501-2/0002 PERMITS -PERMITS Tran Ref Nbr: 162350102 0002 0002 Trans/Rcpt#: R0119605 SET #: CUP16006 Amount: Item Subtota 1 : Item Total : 1 @ $37.60 $37.60 $37.60 ITEM(S) TOTAL: $37.60 Check (Chk# 090813) $37.60 Total Received: $37.60 Have a nice dayl **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Applicant: HG FENTON COMPANY Description Amount CUP16006 37.60 5840 EL CAMINO REAL CBAD Receipt Number: R0119605 Transaction ID: R0119605 Transaction Date: 08/22/2016 Pay Type Method Description Amount Payment Check 37.60 Transaction Amount: 37.60