HomeMy WebLinkAboutCUP 2018-0013; NORTH OAKS SELF STORAGE; Conditional Use Permit (CUP)(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 Permits
D Coastal Development Permit D Minor
~ Conditional Use Permit
7 Minor D Extension
D Day Care (Large}
D Environmental Impact Assessment
D Habitat Management Permit D Minor
D Hillside Development Permit D Minor
D Nonconforming Construction Permit
D Planned Development Permit D Minor
D Residential O Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
~ Site Development Plan
0 Special Use Permit
L.._ ~ Minor
D Tentative Parcel Map (Minor Subdivision}
□
□
Tentative Tract Map (Major Subdivision}
Variance D Minor
(FOR DEPT. USE ONLY) Legislative Permits
C-\/f' 2,0 l \I -
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D General Plan Amendment
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
D Zone Change
□Amendment
□Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
D Review Permit
D Administrative D Minor D Major
(FOR DEPT. USE ONLY)
E]
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT*. PLEASE CONTACT THE APPOINTMENT SPECIALIST
AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT.
ASSESSOR PARCEL NO(S}:
LOCATION OF PROJECT:
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
209-120-04
On the corner of Whiptail Loop Wand Caribou Court off Faraday Avenue
(STREET ADDRESS)
North Oaks Self Storage
Development of site includes 2-story storage building and 1-story drive-ups with site
im rovements
ESTIMATED COMPLETION DATE
Development No. D€:v 'l:::<) l&-0 IO \ Lead Case No. Cv p i.,c, L 8 -00 I 3
P-1 Page 1 of 6 Revised 03/17
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OWNER NAME (PLEASE PRINT)
INDIVIDUAL NAME
(If appllcablo): BEN BADIEE
COMPANY NAME VICTORY CARLSBAD OAKS (~ applicable): INNOVATION CENTER, LP.
MAILING ADDRESS: 1261 PROSPECT ST, STE 9
CITY, STATE, ZIP: LA JOLLA, CA 92037
TELEPHONE: BBB-815-8886
EMAIL ADDRESS: BEN~BADIEEDEVELOPMENT.COM
APPLICANT NAME (PLEASE PRINT)
INDIVIDUAL NAME
(if applicable): DAVID BROWN
COMPANY NAME (If applicable): WENTWORTH PROPERTY CO, LLC
MAILING AODRESS: 802 N. 3RD AVENUE
CITY, STATE, ZIP: PHOENIX, AZ 85003
TELEPHONE: 602-875-5014
EMAIL ADDRESS: DBROWN@WENTPROP.COM
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 MV KNOWlEDGE.
BILL HOFMAN -HOFMAN PLANNING AND ENGINEERING
152 LIONS HEAD AVENUE
CITY, STATE, ZIP: CARLSBAD, CA 92010 v_..::.:...;c.;;;;..::..::.;_;::.:....:;;_;.,;;;;;.:;.,;.;;__ __________ ~----------
TELEPHONE: 760-692-4012
EMAIL ADDRESS: BHOFMAN@HOFMANPLANNING.COM
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNO:L~DGE. tJ.l/U /~re : 7-tZ.-'IJ>(i SIGNATURE I DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF. PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. IN-IE CONSENT TO ENTRY FOR THIS PURPOSE.
JUL 1 6 2018
crrY :_>-c. , ")
DATEf$~Ai.l~-A~fu~A TION REC~IVED
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P-1 Page2 of6 Revised 03/17
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Indemnification and Insurance Requirement for Village Area Administrative Permit
Certification Statement:
I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true
and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject
project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of
Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or
caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or
the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability
was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a
Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has
a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or
better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also
agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall
be delivered to:
City Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad
The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is
operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the
subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in
effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in
compliance with the sub' pproved permit.
Date:___._..6_· /_8_-_1 ( __
Certification Statement:
I Certify that I am the Legal Property Owner for the subject business location and that all of the above information
is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject
property on the public sidewalk. I u derstand that an approved administrative permit shall remain in effect for as
long as outdoor displays ar rm· ed within the illage Review Area and the permittee remains in compliance
with the subject approv ermit.
/
Signature Date: £.,2.£ rz
P-1 Page 3 of 6 Revised 03/17
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(city of
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership.
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person DAVID BROWN Corp/Part WENTWORTH PROPERTY COMPANY, LLC
Title 0·,.-ccJor Title. _____________ _
Address 802 N. 3RD AVE, 85003 Address 802 N. 3RD AVE, 85003
2. OWNER (Not the owner's agent)
00
0
"' ~
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
C' ;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
, , 1addresses of the corporate officers. (A separate page may be attached if necessary.)
l i ~ \
: . Person._B_E_N_B_A_D_I_E_E _____ _ Corp/Part v1cr0Rv CARLSBAD oAKs 1NNovAr10N CENTER, LP
=:, -, , Title. ___________ _ Title. _____________ _
L~: -1
U Cl.Address 1261 PROSPECT ST, STE 9 Address 1261 PROSPECT ST, STE 9
LA JOLLA, CA 92037 LA JOLLA, CA 92037
P-1(A) Page 1 of 2 Revised 07/10
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3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust _______ _ Non Profit/Trust, _________ _
Title ___________ _ Title. ____________ _
Address. __________ _ Address, ____________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes D No If yes, please indicate person(s): ___________ _
NOTE: Attach additional sheets if necessary.
DAVID BROWN
Print or type name of applicant
licant's agent if applicable/date
BILL HOFMAN
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 07/10
{'city of
Carlsbad
-PROJECT DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbadca.gov
PROJECT NAME North Oaks Self Storage
APPLICANT NAME David Brown, Wentworth Property Company, LLC
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:
Application for a Minor CUP for the proposed development of a self-storage facility at 2815
Caribou Ct. in Carlsbad, CA (APN 209-120-04). The project is located in the Planned-Industrial
land use designation and in the P-M zoning district. The project is also located within the
boundaries ofthe Carlsbad Oaks North Specific Plan. The site will include one (1) main 2-story
storage building and three (3) drive-ups. The site is approximately 5.24 acres (228,254 sf). The
combined square footage of the buildings totals 110,841 sf.
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JUL 1 6 2018
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P-1(8I Page 1 of 1 Revised 07/10
( City of
Carlsbad
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):
Ii] The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application l!!! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name:DAVID BROWN
Address:802 N. 3RD AVENUE
PHOENIX, AZ 85003
Phone Number: 602-875-5014
Address of Site: 209-120-04
PROPERTY OWNER
Name: BEN BADIEE
Add 1261 PROSPECT ST, STE 9 ress: _________ _
LA JOLLA, CA 92037
Phone Number: 760-500-9591
Local Agency (City and County): CARLSBAD, SAN DIEGO COUNTY
Assessor's book, page, and parcel number:_2_0_9_-1_2_0_-0_4 _____________ _
Specify list(s): ____________________________ _
Regulatory Identification Number: ______________________ _
~~'5" Appfnt_~atu~ / 9P wner Signature/ . \
t/ ~/ The Hazardous Waste and Substances Sites List (Cortese List) is used by .the State, local
agencies and de~eigp.El..rs Jo7cCJ,r!]ply with the California Environmental Qual 1\( Act requirements
in providing ii!jie_~ation:;ibqµt ttii};cation of hazardous materials release sites.
JUL 1 6 2018
P-1(C) C l-r'\/ r = r '' . ,_ _ _,,, " J Page1of2 Revised 02/13
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ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ___________ (To be completed by City)
Application Number{s): ________________________ _
General Information
1. Name of project: NORTH OAKS SELF STORAGE
N f d I . t DAVID BROWN -WENTWORTH PROPERTY CO, LLC 2. ame o eve aper or proJec sponsor: _________________ _
3.
Address 802 N. 3RD AVENUE
City, state, Zip Code PHOENIX, AZ 85003
Phone Number 602-875-5014
Name of person to be contacted concerning this project: _B_I_L_L_H_O_F_M_A_N _____ _
Address 3152 LIONSHEAD AVE
City, State, Zip Code CARLSBAD, CA 92010
Phone Number 760-692-4012
4. Address of Project: 2815 CARIBOU CT.
Assessor's Parcel Number 209-120-04 ---------------------
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
6.
7.
8.
Planned Industrial Existing General Plan Land Use Designation: _______________ _
Existing zoning district: _P_-_M ____________________ _
Existing land use{s) _ln_d_u_s_tr_i_a_l __________________ _
9. Proposed use of site (Project for which this form is filed) Two-story climate-controlled
self-storage building and perimeter one-story drive-up storage buildings
Project Description
10. Site size 5.24 acres I 228,254 sq. ft.
11.
12
13.
Proposed Building square footage: _1_1_0_,8_4_1_s_q_._ft_. ___________ _
Number of floors of construction: _2 __________________ _
Amount of off-street parking provided: _2_5_Sc_p_a_c_e_S _____________ _
14. Associated projects: _______________________ _
P-1(D) Page 2 of 4 Revised 07/10
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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: ____________________ _
N/A
17. If industrial, indicate type, estimated employment per shift, and loading facilities: Self-Storage;
Two employees per shift; Two loading areas. Office is approximately
1,400 sq. ft and loading areas are approx. 1,000 sq. ft.
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
N/A
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: ___________________ _
Project requires conditional use as indicated by Table A of CMC Section 21.34.020.
P-1(0) Page 3 of 4 Revised 07/10
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Are the following items applicable to the project or its effects? Discuss all items checked yes {attach
additional sheets as necessary).
Yes No
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D 0
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or O 0
roads.
22. Change in pattern, scale or character of general area of project. D 0
23. Significant amounts of solid waste or litter. D 0
24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or O 0
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. D 0
27. Site on filled land or on slope of 10 percent or more. D 0
28. Use of disposal of potentially hazardous materials, such as toxic substances, D 0
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, D 0
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 0 0
31. Relationship to a larger project or series of projects. D 0
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 :::••"~":7:t ~ ""' ead rom,; <o <he=~,:::,•:~~/\
P-1(0) Page 4 of 4 Revised 07/10
(city of
Carlsbad
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e., clarification
regarding a specific requirement or whether all requirements are necessary for your particular
application) please call (760) 602-4610.
/
Applicant Signature:
Staff Signature:
'
Date: ! . lo· 1,:)
To be stapled with receipt to the application
P-1(E) Page 1 of 1
JUL 1 6 2018
CITY.
p:_}·iJ:'!
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Revised 07/10
C
-Hofman Planning & Engineering
Planning Civil Engineering
TRANSMITTAL
DATE:
TO:
PROJECT:
JULY 16, 2018
CITY OF CARLSBAD
NORTH OAKS SELF STORAGE
ENCLOSED PLEASE FIND:
OUANTITY DESCRIPTION
Land Use Review Applcation
1
Disclosure Statement
1
Project Description
1
Fiscal Services
Hazardous Waste and Substances Statement
1
1
1
2
2
1
2
1
1
1
EIA Information Statement
Time Limits on Discretionary Projects
Preliminary Title Report
Geotechnical Report
Hydrology Study
Stormwater Quality Management Plan
Color Board
Site Photographs
Parking Analysis
----,,, ........
f't-•,,d .I Y !...LI
JUL 1 6 2018
CITY Of' CARLSBAD
PLANNING DIVISION
3152 Lionshead Avenue• Carlsbad CA 92010 • 760.692.4100 • Fax 760.692.4105
Coastal
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1 Greenhouse Gas Study
7 Site Plan
7 Conceptual Landscape Plan
7 Building Elevations and Floor Plans
TRANSMITTED VIA:+
Messenger Urgent
X Hand Carried Please Call Upon Receipt
Mail For Your Use
Other As Requested
PLEASE NOTE:
THANK YOU!
3152 Lionshead Avenue• Carlsbad CA 92010 • 760.692.4100 • Fax 760.692.4105
September 20, 2016
Peter Bussett
Smith Consulting Architects
Suite 125
13280 Evening Creek Drive
San Diego, CA 92128
C
Ccityof
Carlsbad
SUBJECT: SOP 16-15 -VICTORY CARLSBAD OAKS LOT 5 -CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION
This is to advise you that after reviewing the application for the project referenced above, the City has
determined that the following environmental review process (pursuant to CEQA) will be required for the
project:
This is to advise you that after reviewing the application for the project amendment referenced
above, the City has determined that the project is subject to the provisions of CEQA; however,
the potential environmental effects of the project were adequately analyzed by the previously
Certified ENVIRONMENTAL IMPACT REPORT (EIR 98-08) for the CARLSBAD OAKS NORTH
SPECIFIC PLAN. No additional environmental review is required.
For additional information related to this CEQA applicability/process determination, please contact the
project planner, Chrisler Westman, at (760) 602-4614 or christer.westman@carlsbadca.gov.
Sincerely,
c)J0
VAN LYNCH
Principal Planner
VL:CW:sj
c: David Rick, Project Engineer
File Copy
Data Entry
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
March 06, 2018
Sheri Keene
C 0rde1 ,),ber: NCS-894828-SD
Page Number: 1
First American Title Insurance Company
National Commercial Services
4380 La Jolla Village Drive, Suite 110
San Diego, CA 92122
First American 1itle Homebuilder Services Division
4380 La Jolla Village Drive , Suite 200
San Diego , CA 92122
Phone: (858)410-1305
Fax: (866)898-0113
Customer Reference:
1itle Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Owner:
Property:
Escrow No: 5653478
Vince Tocco/ Linda Slavik
(858)410-3886
(877)461-2094
vtocco@firstam.com
Victory Carlsbad Oaks Innovation Center, LP.
Vacant Land, Carlsbad, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the
arbitration clause, all arbitrab/e matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the Cl TA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered,
First American Title Insurance Company
C Orde1,:)1ber: NCS-894828-5D
Page Number: 2
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.
First American Title Insurance Company
Dated as of February 28, 2018 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
ALTA Extended Loan Policy
ALTA Extended Owner Policy
Orde,,:),ber: NCS-894828-SD
Page Number: 3
A specific recuest should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Victory Carlsbad Oaks Innovation Center, LP., a California limited partnership
The estate or interest in the land hereinafter described or referred to covered by this Report is:
FEE
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
l. General and special taxes and assessments for the fiscal year 2018-2019, a lien not yet due or
payable.
2. General and special taxes and assessments for the fiscal year 2017-2018.
First Installment: $30,357.49, PAID
Penalty: $0.00
Second Installment: $30,357.49, OPEN
Penalty: $0.00
Tax Rate Area:
A. P. No.:
09013
209-120-04-00
(Portion of Community Facilities District included)
3. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 1, as disclosed by Notice of
Special Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records.
Document(s) declaring modifications thereof recorded June 29, 2004 as Instrument No. 2004-
0606773 of Official Records.
4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 3, as disclosed by Notice of
Rrst American Title Insurance Company
C Orde,:Jber: NCS-894628-SD
Page Number: 4
Special Tax Lien recorded November 17, 2005 as Instrument No. 2005-0998004 of Official
Records.
5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
6. An offer of dedication for slopes and temporary construction and incidental purposes,
recorded February 11, 2004 as Instrument No. 2004-0109582 of Official Records.
To: The City of Carlsbad , Municipal Corporation
7. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded November 09, 2004 as Instrument No. 2004-1066056 of Official Records.
8. The terms and provisions contained in the document entitled "Notice and Waiver Concerning
Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation
Corridors Case No.: CT 97-13" recorded November 09, 2004 as Instrument No. 2004-1066058 of
Official Records.
9. Abutter's rights of ingress and egress to or from Whiptail Loop and Caribou Court, except at
access opening and Faraday Avenue have been dedicated or relinquished on the map of Map No.
14926 of Tract Maps recorded December 15, 2004.
10. An easement shown or dedicated on the map filed or recorded December 15, 2004 as Map No.
14926 of Tract Maps
For: Sight distance corridor and incidental purposes.
11. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded December 15, 2004 as Instrument No. 2004-1180067 of Official Records.
12. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded December 15, 2004 as Instrument No. 2004-1180068 of Official
Records.
13. The terms and provisions contained in the document entitled "Waiver and Consent to Creation of
a Community Facilities District and Agreement to Pay Fair Share Cost of CT 97-13"
recorded December 15, 2004 as Instrument No. 2004-1180069 of Official Records.
Document(s) declaring modifications thereof recorded November 04, 2005 as Instrument No.
2005-0964619 of Official Records.
14. The terms and provisions contained in the document entitled "Encroachment Agreement"
recorded December 15, 2004 as Instrument No. 2004-1180071 of Official Records.
15. The terms and provisions contained in the document entitled "Encroachment Agreement"
recorded December 15, 2004 as Instrument No. 2004-1180072 of Official Records.
16. The terms and provisions contained in the document entitled "Agreement Between
Develop/Owner and the City of Carlsbad for the Payment of a Local Drainage Fee"
recorded December 21, 2004 as Instrument No. 2004-1201221 of Official Records.
First Amerk:an Title Insurance Company
C OrdeJber: NCS-894828-SD
Page Number: 5
17. The terms and provisions contained in the document entitled "404 Permit 200200641-JMB"
recorded December 30, 2004 as Instrument No. 2004-1229604 of Official Records.
18. The terms, provisions and easement(s) contained in the document entitled "Easement" recorded
October 20, 2006 as Instrument No. 2006-0746425 of Official Records.
19. The terms, provisions and easement(s) contained in the document entitled "Easement" recorded
November 09, 2006 as Instrument No. 2006-0800401 of Official Records.
20. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions
in the document recorded February 05, 2007 as Instrument No. 20070081082 of Official Records,
which provide that a violation thereof shall not defeat or render invalid the lien of any first
mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition
or restriction indicating a preference, limitation or discrimination based on race, color, religion,
sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source
of income or disability, to the extent such covenants, conditions or restrictions violate Title 42,
Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on
the age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
Document(s) declaring modifications thereof recorded March 20, 2013 as Instrument No. 2013-
0175873 of Official Records.
Document(s) declaring modifications thereof recorded October 25, 2016 as Instrument No. 2016-
0576403 of Official Records.
21. A deed of trust to secure an original indebtedness of $3,665,000.00 recorded June 29,
2016 as Instrument No. 2016-0321861 of Official Records.
Dated:
Trustor:
Trustee:
Beneficiary:
Affects:
June 23, 2016
Victory Carlsbad Oaks Innovation Center, L.P., a California
limited partnership
Fidelity National Title Company, a California corporation
C3 Capital, LLC, a California limited liability company
The land and other property.
A document entitled "Assignment of Rents and Leases" recorded June 29, 2016 as Instrument
No. 2016-0321862 of Official Records, as additional security for the payment of the indebtedness
secured by the deed of trust.
According to the public records, the beneficial interest under the deed of trust was assigned to
ABP Capital Credit Ventures, LLC, its successors and assigns by assignment recorded February
02, 2017 as Instrument No. 2017-0054297 of Official Records.
The interest of C3 Capital, LLC, a California limited liability company under said Assignment
of Assignment of Rents and Leases was purportedly assigned to ABP Capital Credit Ventures,
LLC, a California limited liability company, its successors and assigns by document
recorded February 02, 2017 as Instrument No. 2017-0054298 of Official Records.
First American Title Insurance Company
C Orde~Qber: NCS-894828-5D
Page Number: 6
A document recorded September 21, 2017 as Instrument No. 2017-0432004, of Official
Records provides that the Deed of Trust/Mortgage or the obligation secured thereby has been
modified.
A document recorded January 03, 2018 as Instrument No. 2018-0001789, of Official
Records provides that the Deed of Trust/Mortgage or the obligation secured thereby has been
modified.
22. A financing statement recorded June 29, 2016 as Instrument No. 2016-0321863 of Official
Records.
Debtor:
Secured party:
Affects:
Victory Carlsbad Oaks Innovation Center, LP.
C3 Capital, LLC
The land and other property.
23. A deed of trust to secure an original indebtedness of $2,200,000.00 recorded June 29,
2016 as Instrument No. 2016-0321864 of Official Records.
Dated:
Trustor:
Trustee:
Beneficiary:
Affects:
June 28, 2016
Victory Carlsbad Oaks Innovation Center, LP, a California limited
partnership
Fidelity National Title Company, a California corporation
Acamar Investments, Inc., a Washington corporation
The land and other property.
A document recorded June 29, 2016 as Instrument No. 2016-0321865 of Official Records
provides that the lien or charge of the deed of trust was subordinated to the lien or charge of the
deed of trust recorded June 29, 2016 as Instrument No. 2016-0321861 of Official Records.
A document recorded July 28, 2017 as Instrument No. 2017-0341055 of Official Records provides
that Acamar Investments, Inc., a Washington corporation was substituted as trustee under the
deed of trust.
The effect of a document entitled "Substitution of Trustee and Full Reconveyance", recorded July
28, 2017 as Instrument No. 2017-0341055 of Official Records.
Note: The Company will require satisfactory proof of full payment of the debt secured by said
mortgage or deed of trust prior to removing this exception or insuring the contemplated
transaction.
24. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded January 23, 2017 as Instrument No. 2017-0033864 of Official Records.
25. Water rights, claims or title to water, whether or not shown by the public records.
A'rst American Title Insurance Company
C Orde,:)ber: NCS-894828-5D
Page Number: 7
26. The requirement that an ALTA/NSPS survey of recent date which complies with the current
minimum standard detail requirements for ALTA/NSPS land title surveys be provided to the
company prior to closing.
27. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey.
28. Rights of parties in possession.
First American Title Insurance Company
C
INFORMATIONAL NOTES
--··-·-·-·--··
Order~ber: NCS-894828-SD
Page Number: 8
ALERT -CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of
recording on certain transactions effective January 1, 2018. Please contact your First
American Title representative for more information on how this may affect your
closing.
1. The property covered by this report is vacant land.
2. According to the public records, there has been no conveyance of the land within a period
of twenty four months prior to the date of this report, except as follows:
A document recorded June 29, 2016 as Instrument No. 2016-0321860 of Official Records.
From: Kilroy Realty Finance Partnership, L.P., a Delaware limited partnership
Victory Carlsbad Oaks Innovation Center, L.P., a California limited
partnership
To:
3. This preliminary report/commitment was prepared based upon an application for a policy of title
insurance that identified land by street address or assessor's parcel number only. It is the
responsibility of the applicant to determine whether the land referred to herein is in fact the land
that is to be described in the policy or policies to be issued.
4. Should this report be used to facilitate your transaction, we must be provided with the following
prior to the issuance of the policy:
A. WITH RESPECT TO A CORPORATION:
1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's
state of domicile.
2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
the corporation.
3. A certificate of reviver and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
4. Recuirements which the Company may impose following its review of the above material and
other information which the Company may require.
B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:
1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto
(form LP-2) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of reviver and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
First American Title Insurance Company
C
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
Order~ber: NCS-894828-SD
Page Number: 9
1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendment;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP-I), executed by at least two partners, and a certified copy
of any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required
herein and other information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records;
3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed
by at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
6. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
F. WITH RESPECT TO A TRUST:
1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to
the Company.
2. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
3. Other requirements which the Company may impose following its review of the material require
herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
First American Title Insurance Company
1. A statement of information.
OrderOiber: NCS-894828-5D
Page Number: 10
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company expressly disclaims any liability for loss or damage which may result from reliance
on this map except to the extent coverage for such loss or damage is expressly provided by the terms
and provisions of the title insurance policy, if any, to which this map is attached.
*****To obtain wire instructions for deposit of funds to your escrow file please
contact your Escrow Officer.*****
First American Title Insurance Company
C
LEGAL DESCRIPTION
Orde;:)11ber: NCS-894828-5D
Page Number: 11
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
LOT 5 OF CARLSBAD TRACT NO. 97-13-1, CARLSBAD OAKS NORTH PHASE 1, IN THE CHY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 14926, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 15, 2004.
APN: 209-120-04-00
A'rst American Title Insurance Company
C Order:)ber: NCS-894828-5D
Page Number: 12
The First American Corporation
First American Title Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will utilize the
personal information you provide to us. Therefore, together with our parent company, The First American
Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in
which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair Information
Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may
collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in
writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: ( 1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may,
however, store such information indefinitely, including the period after which any customer relationship has
ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing
services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or
our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know
that information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled responsibly and in accordance with this
Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
First American Title Insurance Company
C Order.:),ber: NCS-894828-SD
Page Number: 13
CL TA/ALTA HOMEOWNER'S POLICY OFTITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building;
(b) zoning;
(c) 1and 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 structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion
does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they 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 You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7, The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
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.
Your Deductible Amount
Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL mLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the takmg
First American Title Insurance Company
C
3. Title Risks:
(a) that are created, allowed, or agreed to by you
Order:)ber: NCS-894828-5D
Page Number: 14
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
(c) that result in no loss to you
( d) that first affect your title after the Po hey Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Trtle Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (induding 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 l(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, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
First American Title Insurance Company
C Order :)ber: NCS-894828-5D
Page Number: 15
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land. ·
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disdosed 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.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(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, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 9 and 10); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
a. a fraudulent conveyance or fraudulent transfer; or
b. a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown
in Schedule A.
The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (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 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.
First American 77tle Insurance Company
C Order:)ber: NCS-894828-5D
Page Number: 16
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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,
13(c), 13(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 daims, 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, 16, 17, 18, 19, 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 Exclusion 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 Exdusion does not modify or limit the coverage provided in Covered Risk ll(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 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 27(b) of this policy.
First American Title Insurance Company