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HomeMy WebLinkAboutCUP 2018-0023; BUENA VISTA RESERVOIR SITE; 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 IR] Conditional Use Permit D Minor D Extension D Day Care (Large) D Minor D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit D Minor D Minor D 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) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits 1--------1 1--------1 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) B NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMEN,-.. PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. *SAME DAY APPOINTMENTS ARE NOT AVAlLABLE ASSESSOR PARCEL NO(S): 156-200-16-00 ----------------------------------- LO CAT 10 N OF PROJECT: 1605 Buena Vista Way, Carlsbad, CA 92008 NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY Buena Vista Reservoir Site 3.1 Acre Passive Park $1,770,000 Development No. ]).et/ ';}o /"6 •0;J.:).~ P-1 (STREET ADDRESS) ESTIMATED COMPLETION DATE October 2020 Lead Case No. Page 1 of6 Revised 03/17 0 0 OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME Kyle Lancaster INDIVIDUAL NAME Mark Moss (if applicable): (if applicable): COMPANY NAME COMPANY NAME (if applicable): City of Carlsbad -Parks and Recreation (if applicable): Schmidt Design Group MAILING ADDRESS: 799 Pine Ave Suite 200 MAILING ADDRESS: 1111 6th Ave Suite 500 CITY, STATE, ZIP: Carlsbad, CA 92008 CITY, STATE, ZIP: San Diego, CA 92101 TELEPHONE: (760) 434-2941 TELEPHONE: (619) 236-1462 EMAIL ADDRESS: kyle.lancaster@carlsbadca.gov EMAIL ADDRESS: mmoss@schmidtdesign.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CER'flFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY. AND THAT·ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. ~~~ 12/13/2018 ~/lt,44, 12/13/2018 SIGNAT&JRE DATE SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): Mark Moss MAILING ADDRESS: 1111 6th Ave Suite 500 CITY, STATE, ZIP: San Diego, CA 92101 TELEPHONE: (619) 236-1462 EMAIL ADDRESS: mmoss@schmidtdesign.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE 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. I/WE 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 THE LAND AND BIND ANY SUCCESSORS IN INTEREST. ~~~ v'PROPERTY OWNER SIGNATURE FOR CITY USE ONLY DEC 13 2018 . " ) DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of6 Revised 03/17 C_cicyof 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 Mark Moss Corp/Part ___________ _ Title Senior Project Manager Title --------------Address 1111 6th Ave Suite 500, San Diego, CA 92101 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 (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 Kyle Lancaster Corp/Part ___________ _ Title Parks Services Manager Title --------------- Address City of Carlsbad Address ------------- 799 Pine Ave Suite 200, Carlsbad, CA 92008 Page 1 of 2 Revised 07/10 . . 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust ------------------ Title ___________ _ Ti tie -------------- 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 l ✓I No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signat«reof owner/date Signature of applicant/date Kyle Lancaster Mark Moss Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 Ccicyof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: Buena Vista Reservoir Site Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICANT NAME: Mark Moss -Schmidt Design Group 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: The proposed park is a result of a community benefit agreement between the City of Carlsbad and Lennar homes dated March 14, 2017 as a result of the proposed Poinsettia 61 project. This document provides an outline for the design of the proposed passive park. The composition and circulation of the park reflect a flowing and organic configuration. The park has two entry points; the northeast entry includes an existing water tank and associated infrastructure. The tank will be repurposed as an entry feature to honor the operational history of the site. A loop trail frames the perimeter of the park, while a large turf area is at the center of the park. A children's play area and adjacent picnic pavilion is located in the northeast corner of the park and offers a variety of play opportunities for children. The adjacent picnic pavilion provides a gathering space for small groups. The southern portion of the park is anchored by Buena Vista Point, a large mound and picnic area that offers various views of the Pacific Ocean. A dry creek bed and water quality basin, which respond to the site's natural topography, are located on the western edge of the park. Landscape areas line the loop trail, as well as a secondary trail in the western section of the park, of which includes various types of seating. These landscape areas also act as a buffer to the surrounding neighbors to provide privacy from park users. Privacy will be provided through the addition of a 6' tall privacy fence, and a combination of evergreen trees and shrubs. Parallel parking is proposed on Buena Vista Way and accommodates parking spaces. P-1(8) Page 1 of 1 Revised 07/10 C_cityof 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 are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Mark Moss Address: Schmidt Design Group 1111 6th Ave Suite 500, San Deigo, CA 92101 Phone Number: { 619) 236-1462 X 115 PROPERTY OWNER Name: Kyle Lancaster Address: City of Carlsbad 799 Pine Ave Suite 200, Carlsbad, CA 92008 Phone Number: {760) 434-2941 Address of Site: 1605 Buena Vista Way, Carlsbad, CA 92008 Local Agency (City and county): City of Carlsbad, San Diego County Assessor's book, page, and parcel number: Book 156, page 200, parcel 16 Specify list(s): ___________________________ _ Regulatory Identification Number: _____________________ _ Date of List: ____________________________ _ 12/13/2018 Applicant Signature/Date er Signature/Date 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 of2 Revised 02/13 C_cicyof 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: i?-/ ,~, )8 To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 ■■NORTH .. AMERICAN .. TITLE ■■COMPANY Like Clockwork l!I Lennar Homes Of california 25 Enterprise Ste 310 Aliso Viejo, CA 92656-2711 Attention: Jamison Nakaya ._..ago Bristol Street, Suite 190 Costa Mesa, california 92626 Office Phone: (949)419-9481 Office Fax: (714)667-0338 Email: randydeanteam@nat.com Your Ref: Poinsettia 61 -Buena Vista Park Our Order No.: 1489161 Property Address: 156-200-16 carlsbad, CA Preliminary Report Dated as of October 19, 2017 at 7:30 A.M. In response to the above referenced application for a Policy of Title Insurance, North American Title Insurance 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 arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the Parties. Limitations on covered risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a deductible amount and a maximum dollar limit of liability for certain coverages are also set forth in Exhibit A. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments 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. The form of Policy of title insurance contemplated by this report is: ALTA Standard Owner Policy Please note that the America First Homeowner's Policy (CLTA/ ALTA Homeowner's Policy) can only be issued on transactions involving individuals as purchasers and residential 1-4 properties. Any indication that the America First Homeowner's Policy {CLTA/ ALTA Homeowner's Policy) will be issued in a transaction that does not meet these criteria is hereby revised to state that the policy contemplated is a Standard Coverage Policy. Randy Dean, Title Officer Page 1 Rev. NAT 8/15/15 Order No. 92002-1489161-17 LEGAL DESCRIPTION Real property in the unincorporated area of the County of San Diego, State of california, described as follows: THAT PORTION OF TRACT NUMBER ONE lWENTY-ONE {121) CARLSBAD LANDS AS SHOWN ON MAP THEREOF NUMBER 1661 ON RECORD IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY BOUNDED BY A LINE DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID TRACT NUMBER ONE lWENTY-ONE (121) AND RUNNING THENCE SOUTH EIGHTY-NINE DEGREES FIVE MINUTES (89° 05') EAST FIVE HUNDRED lWO (502.0) FEET TO A POINT: THENCE SOUTH lWENTY-THREE DEGREES FOUR MINUTES (23° 04') EAST FOUR HUNDRED THIRTY-FOUR AND FIFTY-EIGHT HUNDREDTHS (434.58) FEET TO A POINT: THENCE SOUTH FIFTY-FIVE DEGREES lWENTY-SEVEN MINUTES (55° 27') WEST lWO HUNDRED FEET (200) TO A POINT: THENCE NORTH THIRTY-FOUR DEGREES THIRTY-THREE MINUTES (34° 33') WEST FIVE HUNDRED NINETY-FIVE AND THIRTY-FOUR HUNDREDTHS (596.34) FEET TO A POINT: THENCE NORTH EIGHTY-NINE DEGREES FIVE MINUTES (89° 05') WEST, ONE HUNDRED SIXTY- NINE AND FORTY-lWO HUNDREDTHS (169.42 FEET TO A POINT: THENCE NORTH NO DEGREES FIFTY- MINUTES (0° 52') WEST lWENTY-EIGHT AND lWENTY-FIVE HUNDREDTHS (28.25) FEET TO THE POINT OF BEGINNING APN: 156-200-16-00 Page 3 Rev. NAT 8/15/15 " 1-/2'7/t'llr' s~•~'""' ,.p ~ l "t· Tl! r Ii t ·PR ,a lo s f" " S-S" /A) Order No. 92002-1489161-17 10. Easements, Covenants and Conditions contained in the deed from carlsbad Mutual Water Company, a california corporation, formerly Oceanside Mutual Water Company, a corporation, as Grantor, to The City of carlsbad, a municipal corporation, as Grantee, recorded December 08, 1958 as Instrument No. 205757 in Book 7386, Page 341 of Official Records. Reference being made to the document for full particulars, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in california Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. 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. 11. An easement for public utilities and incidental purposes, recorded August 07, 1972 as Instrument No. 206255 of Official Records. In Favor of: Affects: San Diego Gas & Electric Company, a corporation Said land 12. The terms and provisions contained in the document entitled Encroachment Agreement, executed by and between City of carlsbad and George T. Kelly and Lori Savoy-Kelly, recorded August 29, 2001, as Instrument No. 2001-0617420 of Official Records. 13. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 14. 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 public records. 15. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 16. With respect to The City of carlsbad, a municipal corporation, we will require a certified copy of a resolution of the Board of Directors determining that the land is not necessary or useful in the performance of its duties to the public, authorizing the transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 17. No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of title insurance but a report to facilitate the issuance of a policy of title insurance. For purposes of policy issuance, items None may be eliminated on the basis of an indemnity agreement or other agreement satisfactory to the Company as insurer. 18. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. ********** END OF REPORT ********** Page 5 Rev. NAT 8/15/15 Order No. 92002-1489161-17 4. Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 5. The map attached, if any, may or may not be a survey of the land depicted hereon. North American Title Company, Inc. 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. Page 7 Rev. NAT 8/15/15 Order No. 92002-1489161-17 C. There are no unpaid bil( -~r labor or material because of any improve.: Jts made to the Property except: (Enter "None" if such is true.) 3. No one is in possession of, or has any right to possession of, the Property except: D Declarant as owner. D Tenants based only on month-to-month rental agreements. D Tenants based upon existing leases as listed on the Rent Toll attached hereto as Exhibit A and incorporated herein by reference. D Other: _____________________ _ 4. No person(s) or entitles, have (i) any options to purchase or rights of first refusal, including but not limited to lessees under any leases referred to in Paragraph 3 above, and/or (ii) easements, licenses, agreements or other rights allowing them to use, encroach on, or access to the Property except (i) as shown in the Commitment/Report, and (ii) (Enter "None" if such is true.) 5. Those certain lease(s) shown as exception number(s) in the Commitment/Report have either: (a) expired by their own terms, or (b) if they have not expired, the lessee(s) have vacated the Property and Declarant has been notified of the vacation of the Property either by correspondence from the lessee or by physical inspection of the property. 6. To the best of Declarant's knowledge, there are no unrecorded real property taxes or assessments against the Property. The undersigned is not aware of any release reports or commitment statements which have been issued pertaining to any environmental issues or liens. 7. This Affidavit is given for the purpose of inducing North American Title Company, Inc. and its agents to issue policy(ies) of title insurance which may provide coverage with respect to all matters set forth herein. If North American Title Company, Inc. elects, in its discretion, to (a) accept this Affidavit, and (b) issue title insurance policy(ies) to third parties, North American Title Company, Inc. will do so in material reliance on this Affidavit and the representation and covenants in this Affidavit. 8. Declarant acknowledges that he/she has read this Affidavit, that all the statements made in this Affidavit are true and correct of his/her own actual knowledge, and fully understands the legal aspects of any misrepresentations or untrue statements made in this Affidavit. Declarant, both personally and on behalf of Owner, covenants and agrees to defend, indemnify, and hold North American Title Company, Inc. harmless from and against any and all claims, actions, suits (including arbitration), liabilities, losses, damages, costs, charges, attorney's fees and other expenses of every nature and character as a result of its reliance on this Affidavit. Page 9 Rev. NAT 8/15/15 Order No. 92002-1489161-17 NORTH AMERICAN TITLE COMPANY 3090 Bristol Street, Suite 190, Costa Mesa, CA 92626 (949)419-9400 Fax: (714)667-0338 Email : randydeanteam@nat.com Closing Protection Letters can be ordered directly by emailing cacpl@nat.com with your title order number and property address. Attention: Your Ref: Our Order No.: 92002-1489161-17 LENDERS SUPPLEMENTAL REPORT Dated as of October 19, 2017 AT 7:30 A.M. Title Officer: Randy Dean The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan form policy of Title Insurance: Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 116. There is located on said land a Vacant Land Known as: 156-200-16 Unincorporated Area of Carlsbad County of San Diego State of california. 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: None Page 11 Rev. NAT 8/15/15 Order No. 92002-1489161-17 Who is providing this notice? I What we do North American Title Group, LLC Family of Companies (identified below), which offers title insurance and settlement services and property and casualty insurance How does NATG protect my personal To protect your personal information from unauthorized access and information? use, we use security measures that comply with federal law. These measures include computer safeguards and secure files and buildings. How does NATG collect my personal We collect your personal information, for example, when you information? • Apply for insurance; Why can't I limit all sharing? What happens when I limit sharing for an account I hold jointly with someone else? I Definitions Affiliates Non affiliates Joint marketing • Apply for financing; • Give us your contact information • Provide your mortgage information • Show your government-issued ID We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Federal law gives you the right to limit only • Sharing for affiliates' everyday business purposes - information about your creditworthiness • Affiliates from using your information to market to you • Sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. Your choices will apply to everyone on your account -unless you tell us otherwise. Companies related by common ownership or control. They can be financial and nonfinancial companies. • Our affiliates include companies with a Lennar name; financial companies such as Eagle Home Mortgage, Eagle Home Mortgage of California, Northwest Mortgage Alliance, and Rialto Capital Management; and nonfinancial companies, such as Lennar Corporation, Lennar Multifamily Companies, Lennar Commercial, Lennar Homes USA, Lennar Family of Builders, Lennar Sales Corp., Sunstreet Energy Group, Five Point Communities, WCI Communities, LLC, Watermark Realty Referral, Inc., and WCI Realty, Inc. Companies not related by common ownership or control. They can be financial and nonfinancial companies. • Nonaffiliates we share with can include collection agencies, IT service providers, companies that perform marketing services on our behalf, and consumer reporting agencies. A formal agreement between nonaffiliated financial companies that together market financial products or services to you. • NATG doesn't jointly market. The North American Title Group, LLC Family of Companies consists of the following entities: North American Title Company North American Title Company, Inc. North American Title Company of Colorado North American Title Insurance Company North American Services, LLC North American Title Agency, Inc. Rev. NAT 8/15/15 Page 13 North American Abstract Agency NASSA, LLC North American Title, LLC North American Advantage Insurance Services, LLC North American National Title Solutions, LLC North American Title Agency, LLC Order No. 92002-1489161-17 The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21 : Your Deductible Amount 1 % of Policy Amount Shown in Schedule A or (whichever is less) 1 % of Policy Amount Shown in Schedule A or (whichever is less) 1 % of Policy Amount Shown in Schedule A or (whichever is less) 1 % of Policy Amount Shown in Schedule A or (whichever is less) $2,500 $5,000 $5,000 $2,500 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000 $25,000 $25,000 $5,000 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 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 [Except as provided in Schedule B -Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [PART I [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 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. ] 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:] 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. Page 15 Rev. NAT 8/15/15 Order No. 92002-1489161-17 .. 0 "' O> 0 Rev. NAT 8/15/15 ci 3_ .,, .., C> z ct :I: u ~ ::, ,!,' •;;: ~ z 9 0 ] :::~ ~ ~ ~ 11~ :::I~ ·:~ ~ ~ ~ ~" --SB ~ ~ ~ i: ~ ~g " ~; :ii t(l !: ,!:! ;~ I l a~ ~ ti,~ i ~t; ~ I~ \JY y_-_-_-_-_-_-_-_-_-_-_--__ ;;; __ ~-:_;-_-_-:~:;::-;;-;----------~------==-----_j dO--o•·&•• -·:J..;· ------------------{;) L-'173) ~a 3':)'11771/1 <J'<;t8S7W'.) ~ : -""""' I 0 ~i "' ~'" " ® "' 8 .. G .. ~ .. -~ N "' .. 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