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Home My WebLink AboutCUP 2017-0005; OLIVENHAIN MUNICIPAL WATER DISTRICT TWO TEMPORARY TRAILERS; Conditional Use Permit (CUP)____________ r· -------------- {_ City of Carlsbad LAND USE REVIEW APPLICATION p .. 1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Penn/ts D Coastal Development Permit Iii Conditional Use Permit 0 Minor D Extension D Day Care (Large) 0 Minor D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit O Minor 0 Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Minor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) 0 Variance 0 Minor (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) c,vr io,1 .. 0005 D General Plan Amendment D Local Coastal Program Amendment 0 Master Plan D Specific Plan D Zone Change •Amendment D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major VIiiage Review Area Permits 0 Review Permit D Administrative D Minor D Major B NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: 255-040-56-Q0 -------------------------------PROJECT NAME: MCUP FOR TEMPORARY TRAILER PLACEMENT BRIEF DESCRIPTION OF PROJECT: TEMPORARY TRAILERS BROUGHT ON SITE TO ACCOMODATE STAFF AND FOR USE AS PROJECT MANAGEMENT OFFICE SPACE PROJECT VALUE (SITE IMPROVEMENTS) N /A ESTIMATED COMPLETION DATE COMPLETED LOCATION OF PROJECT: 1966 OLIVENHAIN ROAD STREET ADDRESS ON THE: SOUTH SIDE OF OLIVENHAIN ROAD (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN OLIVENHAIN ROAD AND RANCHO SANTA FE ROAD (NAME OF STREET) (NAME OF STREET) t0f o 1J.,. 00 \ P-1 Page 1 of6 Revised 09/16 OWNER NAME (Print): OMWD ------------MA I LING ADDRESS: 1966 OLIVEN HAIN ROAD CITY, STATE, ZIP: ENCINITAS, CA 92024 TELEPHONE: 760-753-6466 -------------EM A IL ADDRESS: CWILLIAMS@OLIVENHAIN.COM 1 CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURP S OF THIS APPLICATION. ~~4 5/ zl 11 D/(TE / APPLICANT'S REPRESENTATIVE (Print): CHAD WILLIAMS APPLICANT NAME (Print): SAME AS OWNER MAIUNG ADDRESS: -------------CI TY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE ---------------------------MA IL ING ADDRESS: 1966 OLIVENHAIN ROAD CITY, STATE, ZIP: ENCINITAS, CA 92024 TELEPHONE: 760-7 53-6466 EMAIL ADDRESS: CWILLIAMS@OLIVENHAIN.COM I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFOR ATION IS TRUE AND CORRECT TO THE B ST OF MY N OGE. ~ 5 2 IT DA 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. IIWE 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 CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH T E AND AND BIND ANY UCCESSORS IN INTEREST. FOR CITY USE ONLY P-1 Page 2 of6 MAY 1 8 2017 CITY I )f CARLSBAD F·I_N·J'•,'f\JG DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 09116 Letter of Transmittal Date: 5/lf;{ 17 O =-"'="'-""""""<t.......,,.,....,,,,......,,-=N L~~ t.....::: ---·· .Municipal Water District To: Mr. Scott Donnell City of Carlsbad -Planning Division 1635 Faraday Avenue Carlsbad, CA 92009 The following materials are being forwarded: r Attached COPlES DATE NO. Re: MCUP Application For Temporary Trailers at District HQ -1966 Olivenhain Road Olivenhain Municipal Water District 1966 Olivenhain Road Encinitas, California, 92024-9761 Phone: (760) 753-6466 Fax: (760) 753-1578 Comments/Explanation: r Under Seperate Cover DESCRIPTION 1 1 MCUP Application Submission for Temporary Trailers at District HQ Site 1 Aoolication Fee $779 -Check# 013781 These are being transmitted as noted below: r For Approval r As Requested r For Checking w For Your Use r For Reveiw and Comment r Re-Submit for Approval w For Your Action r Other Hi Scott, Attached is the MCUP application for the temporary trailers at the District's HQ site at 1966 Olivenhain Road. We are submitting the application per your email (2/17/17) to Chad Williams regarding your annual CUP inspection of the District HQ site. Please direct any questions regarding the application to me or Chad Williams, cwilliams@olivenhain.com. My contact info is listed below. Thank you Cindy Pecile Engineering & Right of Way Coordinator cpecile@olivenhain.com, D 760-632-4223, C 760-419-6428 RECEIVED MAY 1 8 2017 CITY 0~ CAKLSBAD {_ 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 (NIA) 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. ___________ _ Title ___________ _ Title _____________ _ Address Address ---------------------- 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 the corporate officers. (A separate page may be attached if necessary.) ~ ~/Part ________ _ Title Gl3Nf;llB-L, MMIIGE:ll. Title _________ _ Address OHWD Address -------------{ q(pt;, Oli v6fJ/--fihrJ /2D r:N CA tJ I Ylt5 j Cir qz ~ 7 if 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 ProfiVTrust -------Non ProfiVTrust. ________ _ 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 ~ No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certlf that an the above information is true and correct to the best of my knowledge. Signature of applicant/date K I H B~L'"/ ,4. TI+rH<-NE:R. Print or type name of owner Print or type name of applicant ~t1n~ agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): ______________________ _ General Information 1. Name ot project: MCUP FOR TEMPORARY TRAILER PLACEMENT 2. Name of developer or project sponsor: _O_M_W_D _____________ _ Address: 1966 OLIVENHAIN ROAD City, State, Zip Code: ENCINITAS, CA 92024 Phone Number: 760-753-6466 3. Name of person to be contacted concerning this project: CHAD WILLIAMS Address: 1966 OLIVENHAIN ROAD City, State, Zip Code: ENCINITAS, CA 92024 Phone Number: 760-753-6466 4. Address of Project: 1966 OLIVENHAIN ROAD, ENCINITAS, CA 92024 5. 6, 7. 8. 9. Assessor's Parcel Number: 255-040-56-00 -------------------- 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: NONE Existing General Plan Land Use Designation: _ ..... 8;......,.8_l.-..;._J_C.. __________ _ Existing zoning district: C 11Y OP l.r/1/Zl,.--'S 1380 Existing land use{s): o E11 ce / Put3 Lit.--w {Jf!..JLS I P d f ·t (P · t f h' h th' f · f'I d) PLACEMENT OF TEMPORARY TRAILERS ropose use o s1 e roJec or w 1c 1s arm 1s I e : ___________ _ TO ACCOMODATE STAFF AND AS PROJECT MANAGEMENT OFFICE SPACE. Project Description 10. Site size: 8.01 ACRES 11. 12: 13. 14. P-1(0) Proposed Building square footage: _2_1_6_0_S_F _____________ _ Number of floors of construction: N/A -TEMPORARY TRAILERS Amount of off-street parking provided: _7_0_S_P_A_C_E_S ___________ _ Associated projects: _N_O_N_E __________________ _ 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: 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: . r h. /V//i 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: NIA P-1(D) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes ~ 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D @ roads. 22. Change in pattern, scale or character of general area of project. D ;gi 23. Significant amounts of solid waste or litter. D ~ 24. Change in dust, ash, smoke, fumes or odors in vicinity. D fKI 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D s alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D g 27. Site on filled land or on slope of 10 percent or more. D ~ 28. Use of disposal of potentially hazardous materials, flammables or explosives. such as toxic substances, D Ji2] 29. Substantial change in demand for municipal services (police, fire, water, sewage, D m etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D ~ 31. Relationship to a larger project or series of projects. D ® Environmental Setting Attach sheets that include a response to the following questions: 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 p~~e:ed are true and correct to the best of~y =. d e, and belief. Date: :f{!{/ f Signal ~" -Jd'J/J ~tuJ<_} ( c/ For 'OH wD P-1(0) Page 4 of 4 Revised 07 /1 o (City of Carlsbad .,-•i.... HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov 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): i;&l' 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 to Section 65962.5 of the State Government Code. APPLICANT Name: O/JlwD Address: lC,&& OUVe-,Jrl1\tN f?..oAO 6JuN,7d 5 , C1 q2-02tt Phone Number: 7(,() ,.,. 7 63 -4, lf (., b Address of Site: PROPERTY OWNER Name: CJHvVO Address: i q hb O l-i V'E:N HJ1t IV /!.tJ lfO f:N?it\lJ ms J wt 9Lo2 Lj j Phone Number: 76/J -?S-3 -b lf It, f::' Local Agency (City and County):_~/)_l-_/_(/_ef\f~J~#h_N_H~u~N_iC,~( e~nl-:~~~---D-l-S~Tf? __ {<...--_'7"_ Assessor's book, page, and parcel number: __ 2_% __ -_o_· 'i_O_-_':Jh __ --_O_O ______ _ Specify list(s): ___________________________ _ Regulatory Identification Number: _____________________ _ Date of List: ____________________________ _ Applicant Signature/Date ignature/Date :5/2.-//T 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 (_ Cicyof Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: MCUP FOR TEMPORARY TRAILER PLACEMENT APPUCANTNAME: OLIVENHAIN MUNICIPAL WATER DISTRICT 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: P-1 (8) l@-1,f ofl-lhb/ 'M1L~S /3{2,tJV6iU I t:JN S(Te 7b A a.t?H-00tlt6 Arx>itto~AL--'5711FP /tfJO pb/!-us£ /45 Pt:.Pst;ef H fttJ /r610-l@v'r "Pvt ce "5i'Ac£ , Page 1 of 1 Revised 07(10 l_ 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 w ether all requirements are necessary for your particular application) please c 60 602-4610. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 City of Carlsbad Climate Action Plan Consistency Checklist Application Information Contact Information Project No./Name: 0 17 0 POO --tJ\C,U f Fvtt-Tf:MP 0/l--Afl-\,/ TflA I Leil-pL.,-/JC,£:Mf;::Nr Property ('.) Address/APN: l&:f&& 0 l,.{ t/£:,J J.tfrttJ /<.l)llf) 1 /;-NU N t-r/]5 1 {;,t q 20 'J,,'f j /rfN 25$-{)l/0-5{r() Applicant Name/Co.: C,l,fffp WI 1.,,,L--{Af15 / 0 M WD Contact Phone: 700 -75 3 -& Lf 6 CJ Contact Email: c.wi 11, ctm5~ 0 Ii Ven ha,, VI. l(fWI Was a consultant retained to complete this checklist? Consultant Name: Company Name: Project Information 1. What is the size of the project (acres)? 2. Identify all applicable proposed land uses: D Residential (indicate# of one-and two-family units): D Residential (indicate# of multi-family units): D Commercial (indicate total square footage): D Hotel (indicate# of rooms): D Industrial (indicate total square footage): ,8 Other (describe): 0 PPla:? ~f/le,G 3. Provide a brief description of the project proposed: P-30 Page 3 of 13 D Yes 1No Contact Phone : Contact Email: If Yes, complete the following 0 o5" A--c Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist CAP CONSISTENCY CHECKLIST QUESTIONS STEP 1: LAND USE CONSISTENCY The first step in this section evaluates a project's GHG emissions consistent with guidance provided by the California Air Pollution Control Officers Association (CAPCOA). New non-exempt (i.e., subject to CEQA review) discretionary development projects that emit .fewer than 900 metric tons of carbon dioxide equivalent (MTCO2e) would not contribute considerably to cumulative climate change impacts as stated in the CAP, and therefore, do not need to demonstrate consistency with the CAP. For projects that are subject to the CAP consistency evaluation, the first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. r Step 1: Land Use Consistency Checklist Item (Check the appropriate box and provide explanation and supporting documentation for your answer) 1. The size and type of projects listed below would emit fewer than 900 MTCOze per year. Based on this threshold, does the proposed project equal or exceed these characteristics? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11 ,000 square feet • Grocery Store: 6,300 square feet • Other: For project types not listed in this section, induding changes in use of, or enlargement of an existing building that results in a net increase in GHG emissions, the need for GHG analysis and mitigation will be made on a project-specific basis, considering the 900 MTCOze screening threshold. If "Yes", proceed to Question 2. Yes No • If "No", in accordance with the City's CAP screening criteria, the project's GHG impact is less than significant and not subject to the measures of the CAP. 2. Is the proposed project consistent with the existing General Plan land use and zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or zoning designation amendment that would result in an equivalent or less GHG- intensive project when compared to the existing designations? • • If "Yes", proceed to Step 2 of the Checklist. For the second option under question 2 above, provide estimated project emissions under both existing and proposed designation(s) for comparison. Emissions must be estimated in accordance with the City's Guidance to Demonstrating Consistency with the Climate Action Plan. If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. The project must prepare a GHG analysis in accordance with the City of Carlsbad's Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with CEQA Guidelines Section 15091. Proceed and complete a project-specific GHG analysis and Step 2 of the Checklist. P-30 Page 4 of 13 Revised 02/17 I ( Cilyof Carlsbad [ INSTRUCTIONS: STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance at submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (POP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. tf staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: MCL•r> H:'f< , &N Po12.-1rey ·y,2,11 L er2- Pi,1£..:.:::::.MEA/T PROJECT ID: Dl ,ooo cJ ADDRESS: f '1 ~& OLH.t0JHft1N F!.oAf), EiJUAJt li1S, Cl/ qzo2LJ APN: 265 -o Ljt) ~-;j-(, ·OO The project is (check one): 0 New Development 0 Redevelopment The total proposed disturbed area is: M/A ft2 ( ) acres The total proposed newly created and/or replaced impervious area is: NIA r ft2 ( ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID D 170000 SWQMP#: Cj--j 7 i 02-7 000 Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV02/16 STEP 1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building ~ • or structure that do not alter the size {See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development project', go to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; • • b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in • • accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? • • lf you answered "yesH to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP .. ." and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project is not exempt from PDP, 1:10 to Step 3. E-34 Page 2 of 4 REV04/17 Sl'EP 3 TO BE COMPLETED·FORALL NEW OR REQEVELOPMENT PROJECTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1. ls your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, • • and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or • • more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and • • refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside • • development project includes development on any natural slope that is twenty-five percent or greater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is • • a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street, road, highway • • freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used for the transpottation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of • • 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair • • shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes • • RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land • • and are expected to generate pollutants post construction? 11. Is your project located within 200 feet of the Pacific Ocean and {1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC D • 21.203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... • and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box statino "My project is a 'STANDARD PROJECT' .. ." and complete aoolicant information. E-34 Page 3 of 4 REV 02/16 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A)= sq. ft. • • Total proposed newly created or replaced impervious area (8) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % lf you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check the first box stating "My project is a PDP ... "and complete aoolicant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' storrnwater requirements apply. ~ My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: l 1i-1f}D ~v' j l,,~i IJt-15 Applicant Title: 81(2 tt,Jf:l3i2-'1-.Jl, Sef'v7(GS Applicant SignatureCl~ ~ l!\~ l/Lll Li-~ ''> L1pEf-!--/,/;5 c) I<--Date: I 7 .. .. • Environmentally Sens1t1ve Areas 1ndude but are not limited to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan, and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for City Use Only YES NO City Concurrence: • • By: Date: Project ID: E-34 Page 4 of4 REV 02/16 S. La:wY-ers Title· Infrastructure Engineering Corporation 14271 Danielson Street Poway, CA 92064 Attn: Gary Rush Your Reference No: Property Address: San Diego, California -....... ..,,,, Lawyers Title Company 350 Camino de la Reina, Suite 101 San Diego, CA 92108 Phone: (858) 650-3900 Fax: {619) 209-3489 Title Officer: Sheila Hollander--So email: tu38@ltic.com Phone No.: (858) 650-3900 Fax No.: File No.: 316380430 PRELIMINARY REPORT Dated as of February 18, 2016 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Lawyers Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions 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 Attachment One. 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. Limitation 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 Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One 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. CLTA Preliminary Report Form -Modified (11-17-06) Page 1 ' -·" File No: 316380430 SCHEDULE A The form of policy of title insurance contemplated by this report is: A Preliminary Report Only -Pre & Bill The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Olivenhain Municipal Water District The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form -Modified (11-17-06) Page 2 ,~·-....... , .. "' File No: 316380430 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: PARCEL A: THAT PORTION OF LOT 10 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 10, DISTANT THEREON NORTH 87°03'30" EAST 509.61 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT, SAID POINT BEING THE SOUTHWESTERLY TERMINUS OF A 300 FOOT RADIUS CURVE, IN THE CENTERLINE OF COUNTY ROAD SURVEY NO. 454, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY 21, 1930 IN BOOK 1737, PAGE 4 OF DEEDS; THENCE ALONG SAID CENTERLINE AS FOLLOWS: NORTHEASTERLY ALONG SAID CURVE 256.98 FEET THROUGH A CENTRAL ANGLE OF 49°04'49"; AND TANGENT TO SAID CURVE NORTH 37°58'41" EAST 697.88 FEET TO THE POINT OF INTERSECTION OF THE CENTERLINE OF COUNTY ROAD SURVEY NO. 454-A AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED MAY 4, 1954 IN BOOK 5226, PAGE 582 OF OFFICIAL RECORDS, SAID POINT BEING THE POINT OF TANGENCY OF A 350 FOOT RADIUS CURVE, CONCAVE EASTERLY AS DESCRIBED IN PARCEL 2 OF SAID DEED; THENCE SOUTHERLY ALONG SAID CURVE 355.37 FEET THROUGH A CENTRAL ANGLE OF 58°10'27"; THENCE TANGENT TO SAID CURVE SOUTH 20°11'46" EAST 311.85 FEET TO THE SOUTHERLY LINE OF SAID LOT 10; THENCE ALONG SAID SOUTHERLY LINE SOUTH 87°03'30" WEST 706.46 FEET TO THE POINT OF BEGINNING. ASSESSOR'S PARCEL NUMBER 255-031-03 PARCEL B: THAT PORTION OF LOT 13 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 27, 1898, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CONNER OF SAID LOT 13, SAID NORTHWEST CORNER BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 13 NORTH 87°03'30" EAST, 1,216.68 FEET TO THE CENTERLINE OF ROAD SURVEY 454-A AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED DECEMBER 19, 1930, IN BOOK 1839, PAGE 356 DF DEEDS, RECORDS OF SAID COUNTY, ALSO KNOWN AS RANCHO SANTA FE ROAD; THENCE LEAVING SAID NORTHERLY LINE OF LOT 13 SOUTHERLY ALONG THE CENTERLINE OF SAID ROAD SURVEY 454-A SOUTH 20°09'53" EAST, 280.84 FEET; THENCE LEAVING SAID CENTERLINE OF ROAD SURVEY 454-A WESTERLY ALONG A LINE PARALLEL TO SAID NORTHERLY LINE OF LOT 13 SOUTH 87°03'30" WEST, 518.71 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTHERLY SOUTH 02°56'30" EAST, 150.00 FEET; THENCE WESTERLY ALONG A LINE PARALLEL TO SAID NORTHERLY LINE OF LOT 13 SOUTH 87°03'30" WEST, 291.59 FEET; THENCE LEAVING SAID PARALLEL LINE NORTHERLY NORTH 02°56'30" WEST, 150.00 FEET; THENCE WESTERLY ALONG A LINE PARALLEL TO SAID NORTHERLY LIME OF LOT 13 SOUTH 87°03'30" WEST, 490.00 FEET TO THE WESTERLY LINE OF SAID LOT 13; THENCE LEAVING SAID PARALLEL LINE CLTA Preliminary Report Form -Modified (11-17-06) Page 3 ' ~ File No: 316380430 NORTHERLY ALONG SAID WESTERLY LINE OF SAID LOT 13 NORTH 02°50'30" WEST, 268.25 FEET TO THE TRUE POINT OF BEGINNING. ASSESSOR'S PARCEL NUMBER 255-040-56 CLTA Preliminary Report Form -Modified (11-17-06) Page 4 ,. File No: 316380430 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. CLTA Preliminary Report Form -Modified (11-17-06) Page 5 File No: 316380430 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, 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. There were no taxes levied for the fiscal year 2015-2016 as the property was vested in a public entity. Assessor's Parcel No: 255-031-03-00 C. There were no taxes levied for the fiscal year 2015-2016 as the property was vested in a public entity. Assessor's Parcel No: 255-040-56-00 D. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Easement(s) in favor of the public over any existing roads lying within said Land. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: County of San Diego public road August 4, 1898 in Book 272, Page 86 of Deeds said land more particularly described therein 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document Purpose: Recorded: Affects: Affects: road December 29, 1903 in Book 336, Page(s) 297, of Deeds [said land more particularly described therein.] Parcel B 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: Public utilities Recorded: November 17, 1948 in Book 3019, Page 384, as Instrument No. 114756 of Official Records Reference is made to said document for full particulars. Affects: Parcel A CLTA Preliminary Report Form -Modified (11-17-06) Page 6 -- File No: 316380430 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: public utilities, ingress and egress Recorded: December 23, 1948 in Book 3059, Page(s) 321, of Official Records Affects: [said land more particularly described therein.] Affects: Parcel B 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: County of San Diego Purpose: public highway Recorded: August 25, 1961 as Instrument No. 149167 of Official Records Affects: [said land more particularly described therein.] Affects: Parcel B 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: Public utilities Recorded: July 2, 1965 as Instrument No. 119081 of Official Records Reference is made to said document for full particulars. Affects: Parcel A 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: Public utilities Recorded: December 1, 1971 as Instrument No. 279388 of Official Records Reference is made to said document for full particulars. Affects: Parcel A 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: Public utilities Recorded: January 20, 1981 as Instrument No. 81-017997 of Official Records The exact location and/or extent of said easement is not disclosed in the public records. Affects: Parcel A 11. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: The Pacific Telephone and Telegraph Company Purpose: telegraph, telephone, and communication structures Recorded: March 13, 1981 as Instrument No. 81-077391 of Official Records Reference is made to said document for full particulars. Affects: Parcel A CLTA Preliminary Report Form -Modified (11-17-06) Page 7 ,, ' ' File No: 316380430 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Wiegand Properties Partnership, a California General Partnership Purpose: public utilities and right-of-way for road purposes Recorded: April 30, 1991 as Instrument No. 91-0197546 of Official Records And re-recorded: August 21,1991 as Instrument No. 1991-0429143, both of Official Records Affects: said land more particularly described therein Affects: Parcel B 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: City of Carlsbad, a Municipal Corporation Purpose: inundation of land during flooding period Recorded: May 2, 1996 as Instrument No. 1996-0222578 of Official Records Affects: [said land more particularly described therein.] Affects: Parcel B 14. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: City of Carlsbad Purpose: access road Recorded: May 2, 1996 as Instrument No. 1996-0222579 of Official Records Affects: [said land more particularly described therein.] Affects: Parcel B 15. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: The Olivenhain Municipal Water District Cox PCS Assets, L.L.C., a Delaware Limited Liability Company Memorandum of Lease December 15, 1999 as Instrument No. 1999-0813021 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. Affects: Parcel A 16. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: City of Carlsbad, a Municipal Corporation Purpose: temporary construction of road & slope Recorded: April 23, 2001 as Instrument No. 2001-0247976 of Official Records Affects: [said land more particularly described therein.] Affects: Parcel B 17. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: City of Carlsbad, a Municipal Corporation Purpose: slope Recorded: April 23,2001 as Instrument No. 2001-0247977 of Official Records Affects: [said land more particularly described therein.] Affects: Parcel B CLTA Preliminary Report Form -Modified (11-17-06) Page 8 ,...,,. File No: 316380430 18. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company, a Corporation Purpose: public utilities, ingress and egress Recorded: June 24, 2002 as Instrument No. 2002-0530127 of Official Records The exact location and/or extent of said easement is not disclosed in the public records. Affects: Parcel B 19. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Olivenhain Municipal Water District Pacific Bell Wireless, LLC, a Nevada limited liability company, d/b/a Cingular Wireless Memorandum of Agreement January 28, 2004 as Instrument No. 2004-0066335 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. Agreement Recording Date: Recording No.: May 12, 2015 as Instrument No. 2015-0237364 of Official Records Reference is hereby made to said document for full particulars. Affects: Parcel A 20. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded July 23, 2004 as Instrument No. 2004-0691406 of Official Records. Reference is made to said document for full particulars. Affects: Parcel B 21. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: City of Carlsbad, a Municipal Corporation Purpose: access road for installation, construction, maintenance, repair, replacement, reconstruction and inspection Recorded: October 5, 2004 as Instrument No. 2004-0943382 of Official Records Affects: Affects: [said land more particularly described therein.] Parcel B 22. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: City of Carlsbad, a Municipal Corporation Purpose: inundation of land during flooding periods Recorded: October 5, 2004 as Instrument No. 2004-0943491 of Official Records The exact location and/or extent of said easement is not disclosed in the public records. Affects: Parcel B CLTA Preliminary Report Form -Modified (11-17-06) Page 9 File No: 316380430 23. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company, a Corporation Purpose: transmission of electricity Recorded: June 28, 2005 as Instrument No. 2005-0543441 of Official Records Affects: [said land more particularly described therein.] Affects: Parcel A 24. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded June 6, 2006 as Instrument No. 2006-0399372 of Official Records. Reference is made to said document for full particulars. 25. The matters contained in a document entitled "Agreement for Reimbursement of Planning, Environmental Planning, design and Construction Costs for Rancho Santa Fe Road and Olivenhain Road" by and between City of Carlsbad, a Municipal Corporation and Olivenhain Municipal Water District, a Municipal Water District recorded September 28, 2006 as Instrument No. 2006-0692579 of Official Records. Reference is made to said document for full particulars. Affects: Parcel B 26. The matters contained in a document entitled "Hold Harmless Agreement Drainage" recorded June 6, 2007 as Instrument No. 2007-0381720 of Official Records. Reference is made to said document for full particulars. 27. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: City of Carlsbad, a Muni'cipal Corporation Purpose: Recorded: Affects: Affects: access August 21, 2007 as Instrument No. 2007-0556027 of Official Records [said land more particularly described therein.] Parcel B 28. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: City of Carlsbad, a Municipal Corporation Purpose: public street and public utility Recorded: August 21, 2007 as Instrument No. 2007-0556028 of Official Records Affects: [said land more particularly described therein.] Affects: Parcel B 29. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: City of Carlsbad, a municipal corporation Purpose: public street and public utility Recorded: August 21, 2007 as Instrument No. 2007-0556029 of Official Records Affects: [said land more particularly described therein.] Affects: Parcel A CLTA Preliminary Report Form -Modified (11-17-06) Page 10 ,,••, ·--<! File No: 316380430 30. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: City of Carlsbad Purpose: traffic signal maintenance and public pedestrian access Recorded: August 21, 2007 as Instrument No. 2007-0556030 of Official Records Affects: [said land more particularly described therein.] 31. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas & Electric Company, a corporation Public utilities May 21, 2010 2010-0257196 of Official Records said land The exact location and extent of said easement is not disclosed of record. 32. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Affects: City of Carlsbad, a municipal corporation public street and utility February 8, 2011 2011-0075526 of Official Records said land Parcel A 33. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Quitclaim Deed and Acceptance of Sewer Facilities November 10, 2011 Olivenhain Municipal Water District; Leucadia Wastewater District November 21, 2011 2011-0622159 of Official Records Reference is hereby made to said document for full particulars. 34. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Notice of Restriction on Real Property January 25, 2013 Olivenhain Municipal Water District; City of Carlsbad February 11, 2013 2013-0091071 of Official Records Reference is hereby made to said document for full particulars. Affects: Parcel A CLTA Preliminary Report Form -Modified (11-17-06) Page 11 ., . 35. Matters contained in that certain document Entitled: Executed by: Recording Date: Recording No: Resolution No. 2014-002 City of Carlsbad January 15, 2014 2014-0020062, Official Records Reference is hereby made to said document for full particulars. Affects: Parcel B 36. Matters contained in that certain document Entitled: Notice of Restriction on Real Property ., File No: 316380430 Executed by: Recording Date: Olivenhain Municipal Water District and City of Carlsbad January 28, 2014 Recording No: 2014-0037914, Official Records Reference is hereby made to said document for full particulars. Affects: Parcel B 37. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Grant of Access & Utility Easement March 11, 2014 Olivenhain Municipal Water District March 27, 2014 2014-0120047, Official Records Reference is hereby made to said document for full particulars. Affects: Parcel B 38. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Affects: Cox Communications California, LLC ingress, egress and telecommunications equipment July 10, 2014 2014-0287549, Official Records as described therein Parcel B 39. Notice of Restriction on Real Property Recording Date: October 19, 2015 Recording No.: as Instrument No. 2015-0544381 of Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form -Modified (11-17-06) Page 12 File No: 316380430 40. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION CLTA Preliminary Report Form -Modified (11-17-06) Page 13 Req. No. 1: File No: 316380430 REQUIREMENTS SECTION: In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s): Buyers/Sellers The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. CLTA Preliminary Report Form -Modified (11-17-06) Page 14 ---l --~ INFORMATIONAL NOTES SECTION File No: 316380430 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 financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. For wiring Instructions please contact your Title Officer or Title Company Escrow officer. Note No. 3: Lawyers Title is a division of Commonwealth Land Title Insurance Company. The insurer in policies of title insurance, when issued in this transaction, will be Commonwealth Land Title Insurance Company. Note No. 4: The Company requires current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: a) If the Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. Processor: cph b) If the Company cannot obtain a verbal update on the demand, we will either pay off the expired demand or wait for the amended demand, at our discretion. c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure the check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). Date Typed: February 26, 2016 CLTA Preliminary Report Form -Modified (11-17-06) Page 15 Attachment One (Revised 06-05-14) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE Fite No: 316380430 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. 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 lo 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 leader, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. 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, 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. Attachment One (6-5-14) © California Land Title Association, All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. .,,r .. •<1-. ..,· Flle No: 316380430 CLT A HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALT A 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: I. 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; and 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 strnctures, 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 are recorded 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 Yau; 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 ofa 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, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner'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 arc as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Attachment One (6-5-14) Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000 00 ( whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) © California Land Title Association. All rights reserved. Our Maximum Dollar Limit of Liability $ 10,000.00 $25,000.00 $25,000.00 $5,000.00 The use of this Form is restricted to Cl TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE File No: 316380430 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: I. (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 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, ad verse 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 ofan 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 ofrecording 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 Except as provided in Schedule B -Part 11, 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: PARTI 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: I. (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, 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 compkte 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. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage: Attachment One (6-5-14) © California Land Title Association. All rights reserved. The use of this Fann is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE File No: 316380430 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: I. (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 ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion !(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I (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 Knmvn 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 IO); 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, that arise by reason of: 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: 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 laxes 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 in 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 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 shov.'Il by the Public Records. 7. Variable exceptions such as taxes, easements, CC&R's. etc. shown here. Attachment One (6-5-14) © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Tille Association. File No: 316380430 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) 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: I. (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 ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, l3(c), l3(d), 14 or 16. 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 II, 16, 17, I 8, I 9, 20, 21, 22, 23, 24, 27 or 28); 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. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. 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 covered by this policy. This Exe lusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. that the tnmsaction 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 27(b) of this policy. l 0. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5•14) © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. ~ La~ersTitle· -' -- File No: 316380430 Lawyers Title Company 350 Camino de la Reina, Suite 101 San Diego, CA 92108 Phone: (858) 650-3900 Fax: (619) 209-3489 Order No. 316380430 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company LTC -Lawyers Title Company Available Discounts DISASTER LOANS (CLTIC) FNF Underwriter CLTIC -Commonwealth Land Title Insurance Co. The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Notice of Available Discount Mod. 10/21/2011 CLTA Preliminary Report Form -Modified (11-17-06) Page 21 - FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity. Nation~! -Financial, Inc. and its majority-owned subsidiary companies prov1dmg real estate-and loan-related services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. The provision of this Privacy Notice to you does not create any express or implied relationship, or create any express or implied duty or other obligation, between Fidelity National Financial, Inc. and you. See also No Representations or Warranties below. This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF, including collection through any FNF website and any online features, services and/or programs offered by FNF (collectively, the "Website"). This Privacy Notice is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information collected and/or owned by any entity other than FNF. How Information is Collected The types of personal information FNF collects may include, among other things (collectively, "Personal Information"): (1) contact information (e.g., name, address, phone number, email address); (2) demographic information (e.g., date of birth, gender marital status); (3) Internet protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student ID (SIN), driver's license, passport, and other government 1D numbers; (5) financial account information; and (6) information related to offenses or criminal convictions. In the course of our business, we may collect Personal Information about you from the following sources: • Applications or other forms we receive from you or your authorized representative; • • • Information we receive from you through the Website; Information about your transactions with or services performed by us, our affiliates, or others; and From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others. Additional Ways Information is Collected Through the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This information may include IP address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other third parties may send a "cookie" to your computer. A cookie is a small piece of data that is sent to your Internet browser from" a web server and stored on your computer's hard drive and that can be re-sent to the serving website on subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself, does not damage your system. We, our advertisers and other third parties may use cookies to identify and keep track of, among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of the Website maybe impaired or not function as intended. See the Third Party Opt Out section below. Web Beacons. Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as "clear gifs"). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Opt Out section below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others. Third Party Opt Out. Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non-personalized information about your online usage activity. You can opt-out of certain online behavioral services through any one of the ways described below. After you opt-out, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you. • You can opt~out via the Network Advertising Initiative industry opt-out at http://www.networkadvertising.org/. • You can opt-out via the Consumer Choice Page at www.aboutads.info. • For those in the U.K., you can opt-out via the IAB UK's industry opt-out at www.youronlinechoices.com. • You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. Note: If you opt-out as described above, you should not delete your cookies. lfyou delete your cookies, you will need to opt-out again. Use of Personal Information Information collected by FNF is used for three main purposes: • To provide products and services to you or one or more third party service providers (collectively, "Third Parties") who are obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services that we perform for you or for Third Parties. • To communicate with you and to inform you about FNF's, FNF's affiliates and third parties' products and services. - When Information Is Disclosed By FNF We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To agents, brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers who provide services or perform marketing services or other functions on our behalf; • To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • To lenders, lien holders,judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in the good-faith belief that such disclosure is necessary to: (1) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the rights of third parties; or (4) protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non-Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own Privacy Notice. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise pennitted by law. We also reserve the right to disclose Personal Information and/or non- Personal Information to take precautions against liability, investigate and defend against any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety ofFNF, our users or others. We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us. Information From Children We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY ms OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children -or others -in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet. Privacy Outside the Website The Website may contain various links to other websites, including links to various third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-Personal Information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them. European Union Users If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. Choices With Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent of FNF. As described above, there are some uses from which you cannot opt-out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by FNF to the extent that provision of your Personal Information is required to apply for an open position. If FNF collects Personal Information from you, such information will not be disclosed or used by FNF for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you -___ ., subsequently gave authorization unless you affirmatively consent to such disclosure and use. You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That Information Is Collected Through the Website," subsection "Third Party Opt Out." Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as pennitted by applicable privacy legislation. Your California Privacy Rights Under California's "Shine the Light" law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2015 will receive information regarding 2014 sharing activities). To obtain this information on behalf of FNF, please send an email message to privacy@fnf.com with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from time to time, California's Online Privacy Protection Act requires us to disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. FNF Compliance with California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer for fulfilling a service to that mortgage loan servicer. For example, you may access CCN to complete a transaction with your mortgage loan servicer. During this transaction, the information which we may collect on behalf of the mortgage loan servicer is as follows: • First and Last Name • Property Address • User Name • Password • Loan Number • Social Security Number -masked upon entry • Email Address • • Three Security Questions and Answers IP Address The information you submit is then transferred to your mortgage loan servicer by way ofCCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of the FNF Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Personal Information and Access and Correction. If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. No Representations or Warranties By providing this Privacy Notice, Fidelity National Financial, Inc. does not make any representations or warranties whatsoever concerning any products or services provided to you by its majority-owned subsidiaries. In addition, you also expressly agree that your use of the Website is at your own risk. Any services provided to you by Fidelity National Financial, Inc. and/or the Website are provided "as is" and "as available" for your use, without representations or warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Fidelity National Financial, Inc. makes no representations or warranties that any services provided to you by it or the Website, or any services offered in connection with the Website are or wiU remain uninterrupted or error-free, that defects will be corrected, or that the web pages on or accessed through the Website, or the servers used in connection with the Website, are or will remain free from any viruses, worms, time bombs, drop dead devices, Trojan horses or other harmful components. Any liability of Fidelity National Financial, Inc. and your exclusive remedy with respect to the use of any product or service provided by Fidelity National Financial, Inc. including on or accessed through the Website, will be the re-performance of such service found to be inadequate. Your Consent To This Privacy Notice By submitting Personal Information to FNF, you consent to the collection and use of information by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect infonnation from you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 privacy@fnf.com Copyright© 2015. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF: MAY 1,2015 09 DETAIL •s• I" -200' OLIVE'NI-IAIN ~ ~ :SAN DECO COUNTY ASSES$0!1'SM/IP BOOK 25~ P,1,e;E: OJ ~SHt2 .,,.,... .. .,-•'}• "' -,,~l,r ,, ...... .. ,, • @ SHT 3 ASSUMED FOR THE ACCURACY OF THEOATASHOl'IN. ASSESSOR'S PARCELS MAY NOT COMPLY Willi LOCAL SUB•MSIOO OR BUILDING ORDINANCES. 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