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Home My WebLink AboutCUP 99-03; INNS OF AMERICA; Conditional Use Permit (CUP)• CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) . (FOR DEPARTMENT (FOR DEPARTMENT USE ONLY) USE ONLY) D Administrative Permit -2nd D Planned Industrial Permit Dwelling Unit D Administrative Variance D Planning Commission ' Determination kl Coastal Development Permit 99. 0 (, D Precise Development Plan ~ Conditional Use Permit C{C{-6') D Redevelopment Permit D Condominium Permit D Site Development Plan D Environmental Impact D Special Use Permit Assessment D General Plan Amendment D Specific Plan D Hillside Development Permit D +eAt:at:ive Flareel Ma19 Obtain from Engineering Department D Local Coastal Plan Amendment D Tentative Tract Map D Master Plan D Variance .. D Non-Residential Planned D Zone Change. Development D Planned Development Permit D List other applications not specified 2) ASSESSOR PARCEL NO(S).: 210-090-52 3) PROJECT NAME: Inns Of America 4) BRIEF DESCRIPTION OF PROJECT: A CUP & CDP to allow a business hotel in the P-M zone. 5) OWNER NAME (Print or_Type) Ray W. Winter ,and Barbara Winter MAILING ADDRESS 1745 Rock Road CITY AND STATE Fullerton, CA 714-526-3035 ZIP 92831-1233 TELEPHONE I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO T~ BEST OF MY KNO OGE. ~ 0 c:Z. lr_) JV!.":._ {(Z.,j :z~5:-<7q DATE i 6) APPLICANT NAME (Print or Type) Larr True Herrick De~elo ment In. MAILING ADDRESS 755 Raintree Drive, Suite 200 CITY AND STATE £.IP TELEPHONE Carlsbad, CA 92009 760-438-6661 T.HE LEGAL REPRESENTATIVE OF THE HE ABOVE INFORMATION IS TRUE AND F MY KNOWLEDGE. 2/Joln DA'1E I 7) BRIEF LEGAL DESCRIPTION See Attached NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 L, 8) • LOCATION OF PROJECT: Cannon Road ON THE BETWEEN South (NORTH, SOUTH, EAST, WEST) I Avenida Encinas (NAME OF STREET) • STREET ADDRESS SIDE OF Cannon Road (NAME OF STREET) AND Interstate 5 (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE .3 ...__ ____ __, 10) PROPOSED NUMBER OF LOTS ~ 11 l NUMBER OF EXISTING ~/A 12) PROPOSED NUMBER OF I N/A I l2___j RESIDENTIAL UNITS ~ RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION IN/A 114) PROPOSED IND OFFICE/ ~ 15) PROPOSED COMM ~ SQUARE FOOTAGE SQUARE FOOTAGE G Si76-, 'Cf 16) PERCENT AGE OF PROPOSED D17) PROPOSED INCREASE IN~ 18) PROPOSED SEWER [;J PROJECT IN OPEN SPACE ADT fi::.'2..0 USAGE IN EDU 19) GROSS SITE ACREAGE lz.7 ,·20) EXISTING GENERAL IP-Ip4:211 PROPOSED GENERAL [f£] PLAN PLAN DESIGNATION 22) EXISTING ZONING IP-M 123) PROPOSED ZONING B 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTE THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY OR THIS P POSE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOT AL FEE REQUIRED I DATE FEE PAID Form 16 FEE REQUIRED FEB 1 0 1999 · CITY OF CAR.L~!Et~D DA fM~~ijLl?c~~;~N RECEIVED RECEIPT NO. PAGE 2 OF 2 '. "'. • SUPPLEMENTAL APPLICATION FORM FOR ALL COASTAL DEVELOPMENT PERMITS + APPLICATION CHECKLIST FOR SINGLE FAMILY REGULAR & MINOR COASTAL DEVELOPMENT PERMITS (Application checklist for Non-Single Family Regular Coastal Development Permits covered under separate handout) This supplemental application is to be filed for any development requiring a Coastal Development Permit issued by the City of Carlsbad. I. GENERAL BACKGROUND Form 15 A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The Planning Director shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the Planning Director). => New Residential Square Footage: ______ square feet x $78.00/sq. ft. = $ ______ _ => Residential Addition Square Footage: ______ square feet x $94.00/sq. ft. = $ ______ _ Any Garage Square Footage: ______ square feet x $22.00/sq. ft. = $ ______ _ Residential Conversion Square Footage: ______ square feet x $26.00/sq. ft. = $ _______ _ For Non-Residential Uses, use the following figures for calculations: Retail/Store @ $38.00/sq. ft.; Restaurant @ $69.00/ sq. ft.; Office @ $55.00/ sq. ft.; Manufacturing/Warehouse@ $24.00/sq. ft.: 65,763 square feet x $63 /sq. ft.=$ 4,143,069. oo COST OF DEVELOPMENT ESTIMATE:$ 4,143,069. oo ------------ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000) __ _ 2. A Regular Coastal Development Permit ($60,000 or more) _x __ 10/97 Page 1 of 8 ... C. Street address of proposed development SEC Cannon Road & Avenida Encinas D. Assessor's Parcel Number of proposed development 210-090-52 E. Development Description: 1. Briefly describe project~he applicant proposes the construction of a three story 65.763 SF hotel with on site improvements on a currently vacant site. 2. Estimated cost of development: -------------- F. Describe the present land uses (i.e. Vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: vacant land South: office building East: vacant lan·~ West: Interstate 5 G. Is project located within a 100 year flood plain? OYes IZJ No 11. PRESENT USE OF PROPERTY Ill. Form 15 A. Are there existing structures on the property? If yes, please describe. OYes IBJ No B. Will any existing structure be removed/demolished? D Yes Q9 No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). LOT COVERAGE A. Existing and Proposed Existing New Proposed Total Building Coverage 0 sq. ft. 21,921 sq. ft. 21,921 sq. ft. Landscaped Area 0 sq. ft. 44,045 sq. ft. 45,825 sq. ft. Hardscape Area 0 sq. ft. sq. ft. sq. ft. Unimproved Area 0 (Left Natural) 117,728. 4§q. ft. 0 sq. ft. sq. ft. 10/97 Page 2 of 8 B. C. Form 15 Parking: Number of existing spaces Number of new spaces proposed Existing/Proposed TOT AL: Number of total spaces required Number of covered spaces Number of uncovered spaces Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? Grade Alteration: Is any grading proposed? If yes, please complete the following: 0 122 122 1 22 0 122 87 30 D Yes# __ 0Yes# __ OYes 1. Amount of cut 2 700 ~~~~~~~~~~~~~~~ 2. Amount of fill 3. Maximum height of fill slope . 5 4. Maximum height of cut slope 2 5. Amount of import or export 2 650 6. Location of borrow or disposal site To be determined 10/97 @No @No D No cu. yds. cu. yds. feet feet cu. yds. Page 3 of 8 11 01 7.J 17641-02 2326 554.J 1101 ?:~17641-02 2326 5542 11 G 1 7.317641-Ci? 2.326 5546 11017317641-02 2.326 5547 ... :; ( ~ µ "'1 o u en FetJ,/1/'\ < ()r_ lt1 1 f.lA-L /_o (47 /a·u ft) fJEL>LJ LCJCA-7/;f~ 1"1071-1-§No OF Pu1L-r:)I~ {, \y-!f:537 §(J\(.) fJ e f;.J '!J() 12-7 !-{ b I rJ Lo (ft:7!o>u S,6ppoA 6v~ &--5J A-ppreo,10(~ ~ S1orp~n e>r--.J s( o[-6f:: -:I-t; ~,Ci src,<U ~LA<(ON e URBAN SOLUTIONS Inc. July 6, 1999 Eric Munoz Senior Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Dear Eric: Subject: Inns of America Initial Project/Overlay Zone Review With this letter please find 5 sets of revised plans pursuant to the March 23, 1999 comments from Planning, Engineering, Water District and Fire. You will also find a response letter and revised project description to assist you in your review of the revised plans. I have included a set of 11" x 17" reduced plans for your use. Please note that the applicant has complied with all of the comments made by staff. They have revised the number of rooms from initial submittal from 102 rooms to the current 98 rooms. This allows parking for the meeting room at 1 space per 100 s.f. I will be bring in the Color and Material Board and the striping plan of Avenida Encinas later this week as they are still being worked on by the Architect and the Traffic Engineer. Engineering requested a copy of the agreement for the proposed shared driveway . and improvements. That agreement is being worked on by the attorneys and will come under seperate cover to you. Please feel free to call me with questions or comments. CC: Larry True 1049 Camino Del Mar, Suite 11 • Del Mar, CA 92014 • (619) 350-6255 • FAX (619) 350-6250 .... e URBAN SOLUTIONS Inc. July 6, 1999 Proposed Inns of America SEC Cannon Road and Avenida Encinias Carlsbad, CA CUP/CDP Application PROJECT DESCRIPTION The applicant is requesting the City of Carlsbad grant a Conditional Use Permit and Coastal Development Permit that would allow a business hotel to be constructed in the P-M Zone. The project has been designed to meet the intent of the Carlsbad Ranch Overlay Zone Ordinance. The hotel is a three story building with coverage of 21,921 square feet (total building square footage is 65,763) on a 2.7 acre lease area. Only minor grading is necessary for the proposed development. A Contemporary Mission Style Architectural theme is utilized for the building's architecture and site landscaping. Exterior building materials include a Mission tile roof with detailed eave brackets and facia details. There is a cornice detail that wraps most of the building between the second and third floors. Wrought iron balcony railings enhance the second and third floor windows, with ornamental HV AC grilles on the first floor wi_ndows. The metal window frames are to be painted to compliment the surrounding stucco. There is a two story tile roof Porte Chocere in front of the lobby area. The building height is proposed to be 3 5 feet with two architectural towers that are 45 feet in height. Approximately 37% of the site (44,045 square feet) will be landscaped in a way that compliments the building architecture and enhances the overall site. an additional 1,780 square feet of City right of way will be landscaped as well. The site design includes· 123 parking spaces, the total number required. One common driveway is proposed to be shared with the existing office building to the south of this site. All access to the hotel will come from this driveway. An emergency egress has been added at the north end of the site to connect with the end of the parking lot at Avenida Encinas. 1049 Camino Del Mar, Suite 11 • Del Mar, CA 92014 • (619) 350-6255 • FAX (619) 350-6250 ..... Proposed Inns of Amer! July 6, 1999 Page 2. ZONING The project is Zone P-M (Planned Industrial Zone) which allows a hotel with a Conditional Use Permit. This project meets the intent and purpose of the P-M Zone in the following ways: • The hotel's primary purpose is to cater to the business traveler who comes to Carlsbad from out of town to do business with the many companies located here. There is currently 1.5 million square feet of industrial space and 12 million square feet of office space in the City. The Chamber of Commerce says that about 70% of those that come to work in Carlsbad are from out of town. Many of those people need business hotels to stay in for extended week days. • This hotel promotes an attractive and high-quality design both architecturally and with the extensive landscape. • All public improvements currently serve this site. • A hotel shuttle bus will be provided to take the business person to all areas of the City such as the airport, train station, business parks, and restaurants thereby encouraging guests to leave their cars at home or in the hotel parking lot. FINDINGS 1. The requested use is necessary and desirable for the development of the community and is essential to the success of the business's which it will serve. The business hotel is intended to accommodate the business traveler who will want access to a high quality hotel that caters to their needs with the amenities they require on the road. 2. The site is adequate in size and shape to accommodate the use in that all components of the design criteria (21.34.080) that would apply to this use have been met or exceeded. There are no requests for any deviations or variances for the project. 3. All the yards, setbacks, walls, fences, landscaping, and other features will be provided and maintained. 4. The street system serving the proposed use are adequate to properly handle all traffic generated by the proposed use in that the hotel is a very low generator of traffic. I • City of Carlsbad IRF•hh•,i·l•J4·E•IU,i4hl DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City 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: Per$<>liJs g~fil}~a.~~~.}~~tfr'.~Jyi,q~~1;:~@{;ti~;p~~n.~r~~iP.~i~iri~-9~n:turei{:~~$?9,itilti?:rif:$..9:~}~l.ji~~1~~~atE3.r:f;l~(-:~rs.~·~)zatiof1, conpqrati9t1;:~~§\~te~;J~Q,~;.:./~~~iy~f1\~S"~-~!$:~t~d):(tll,i~;:~n~/aAY-_Om~ric,~1Jllt_Yl,-dity a;r,1sht,,6i;i~~;r ~ifyc:'f,l:ltlriicip§!l!ty.;:di_~tr.ict·gr: otMi\po!iti~?f:ti;i~~jv.i$iqt.fo~F·amy)>.therigr0JiR7·onchrn·ain'ation:actin~fa·$!·,ti'in1t:'': ··-·-:·-~ ·· -: :·: · -'··: :··· :··:· -· · · · · , .. ,,:. ;-·--· .... : ·'· · · · Agents -ma~ ~;Qk.;~i~·:~i~~~e-~/-.m~J~~ef\itt~ ·;eg~f-name ·an~:'.e~tity oft.he app.lica.~i:a·~~~-property O\¥n~;· ~Ust be provided· below. 1. 2. 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, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ~art \rJt0S of ~c:A1 (tv~ LL.C-, Title Title OWNER (Not the owner's agent) -------------~ Address '165 ~rvnZEE-})«2-~ ZOO CM±-~ CA 97-D \ \ Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes. a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person __________ _ Title ------------ Address ----------- ~art (,0,95 oF ~EJUCJ\-1 0./Vr-::o~ LLC.... ~------~----~-~ Address 1iss ~t0~L Yt.... ~f_ ZDO ~ ~ &;z_o,1 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (76,0) 602-8559 • www.ci.carlsbad.ca.us @ ' 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 Profitrrrust ·~~-'--~~---'~~~ Non Profitrrrust,_. ____ ...;.._ ___ _ Title ~~~~~~~~~~~~-Title· ~~~-""-'--'--'--~--~~~~ 4. Have you had more than $500 worth of business transacted with any member of City staff, B~ards, Coml'T)issions, Committees and/or Council within the pa~t twelve (12) months? D Yes ~o. 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. Signature of owner/date I 1v(VS or < J+6azi ~ CAwtve>N LL.C..., Print or type name of owner Signature of applicant/date I 1010..s of l fuet-t~ G/\),v('.),-) LLC- Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent • Account Name Inns of America Cannon, LLC Limited Liability Company Owns the hotel assets in Carlsbad, contracts with Inns of America for operating • Ownership Kathleen Lathrum Joan Scott Leann Van Langen William C. Herrick Susan Galland Joseph Herrick Total 16.67% 16.67% 16.67% 16.67% 16.67% 16.67% 100.00% All of the above are Equity Members in the LLC. Their Titles are all the same - "Member''. Their addresses are the corporate address noted below: 755 Raintree Dr Ste 200 Carlsbad, Ca, 92011 760-438-6661 -------~------ • e CHICAGO TITLE COMPANY PRELIMINARY REPORT FIRST AMENDED Dated as of: February 1, 1999 at 7:30AM Reference: CANNON ROAD Order No.: 8356853 -U15 CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list 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: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Title Department: CHICAGO TITLE COMPANY 925 "B" STREET SAN DIEGO, CA. 92101 (619)239-6081 fax: (619)544-6275 SUSAN RYKOWSKI TITLE OFFICER PFP ··09/04/97bk @----- SCHEDULE A Order No: 8356853 U15 Your Ref: CANNON ROAD 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: CANNON ROAD LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: SEE ATTACHED DESCRIPTION PREA -10/31/97bk Pase 1 DESCRIPTION Order No. 8356853 THAT PORTION OF LOTH OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS "SOUTH 26°10'00" EAST 1342.00 FEET" FOR A PORTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN 52.256 ACRE PARCEL AS SHOWN ON RECORD OF SURVEY MAP NO. 7050 FILED IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHEASTERLY LINE AND THE BOUNDARY OF SAID PARCEL, THE FOLLOWING COURSES: SOUTH 26°10'00" EAST 1342.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 335.00 FEET, SOUTHERLY 283.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48°30'00 11 , SOUTH 22°20'00" WEST 143.22 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 265.00 FEET, SOUTHERLY 174.00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37°37'14", SOUTH 15°17'14" EAST 33.93 FEET, SOUTH 67°29'31" WEST 70.56 FEET, SOUTH 15°17'14" EAST 165.26 FEET, SOUTH 67°29'31" WEST 420.48 FEET AND NORTH 22°30'29" WEST 3370.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 67°29'31" EAST 291.27 FEET; THENCE NORTH 61°24'41" EAST 251.13 FEET TO THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS "SOUTH 35°37'52" EAST 309.55 FEET" ON SAID RECORD OF SURVEY MAP NO. 7050, SAID COURSE BEING ALSO A PORTION OF THE BOUNDARY LINE OF THE LAND AS DESCRIBED IN PARCEL 2 OF THE DEED TO THE STATE OF CALIFORNIA RECORDED JUNE 18, 1965, AS FILE NO. 108756 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID LAST MENTIONED BOUNDARY, THE FOLLOWING COURSES: NORTH 39°57'39" WEST 504.90 FEET AND SOUTH 83°37'10" WEST 113.64 FEET TO THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS "SOUTH 67°31'40" WEST 27.44 FEET" FOR A PORTION OF THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN PARCEL 7 OF THE DEED TO THE CITY OF CARLSBAD RECORDED NOVEMBER 13, 1972, FILE NO. 303348 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID SOUTHEASTERLY LINE, THE FOLLOWING COURSES: SOUTH 67°31'40" WEST 27.39 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 25.00 FEET; SOUTHWESTERLY AND SOUTHERLY 36.80 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 84°20'20", SOUTH 73°11'20" WEST, 35.00 FEET, SOUTH 16°48'40" EAST 11.90 FEET, SOUTH 73°11'20" WEST 35.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 73°11'20" EAST, NORTHERLY AND SOUTHWESTERLY 41.74 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 95°39'40" AND SOUTH 67°31'40" WEST 132.42 FEET TO THE NORTHWESTERLY PROLONGATION OF THAT CERTAIN COURSE DESCRIBED ABOVE AS "NORTH 22°30'2911 WEST 3370.70 FEET"; THENCE SOUTH 22°30'29" EAST 540.00 FEET ALONG SAID PROLONGATION TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 13, 1997 AS FILE NO. 1997-0507630 OF OFFICIAL RECORDS. Page 1 Order No: 8356853 U15 SCHEDULE B Your Ref: CANNON ROAD At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: w 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1999-2000 THAT ARE A LIEN NOT YET DUE. x 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1998-1999. 1ST INSTALLMENT: 2ND INSTALLMENT: PENALTY AND COST: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $2,890.30 -PAID $2,890.30 -UNPD $299.03 (DUE AFTER APRIL 10) $NONE 09000 210-090-24-00 PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1998-1999. 1ST INSTALLMENT: 2ND INSTALLMENT: PENALTY AND COST: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $4,069.70 -PAID $4,069.70 -UNPD $416.97 (DUE AFTER APRIL 10) $NONE 09000 210-090-52-00 c 3. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. E 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SOUTHERN COUNTIES GAS COMPANY, A CORPORATION A PIPE LINE FOR TRANSMISSION AND DISTRIBUTION OF GAS AND INCIDENTAL PURPOSES JULY 26, 1932 IN BOOK 147, PAGE 152 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. F 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PRES -10/31/97bk Page 2 SCHEDULE B (continued) Order No: 8356853 U15 Your Ref: CANNON ROAD GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO COUNTY WATER COMPANY RIGHT OF WAY IN BOOK 1200, PAGE 421 OF OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. G 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: STATE OF CALIFORNIA PURPOSE: DRAINAGE RECORDED: JUNE 18, 1953 IN BOOK 4894, PAGE 490 OF OFFICIAL RECORDS AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. H 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: THE PACIFIC TELEPHONE & TELEGRAPH COMPANY AERIAL AND UNDERGROUND COMMUNICATION STRUCTURES AUGUST 30, 1957 IN BOOK 6730, PAGE 126 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. I 8. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: THE VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD WATER PIPE LINE, SEWER PIPELINE, MANHOLES, SEWER LATERAL PIPELINES, WITH ALL THE NECESSARY EQUIPMENT AND APPURTENANCES THERETO, TOGETHER WITH AN ACCESS ROAD JUNE 23, 1964 AS FILE NO. 112575 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. s 9. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS PRELIMBC·9/23/93bk TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN SEVERED FROM SAID LAND BY THE DOCUMENT RECORDED: AFFECTS: JUNE 18, 1965 AS FILE NO. 108756 OF OFFICIAL RECORDS HIGHWAY 5 Page 3 SCHEDULE B (continued) Order No: 8356853 Ul5 Your Ref: CANNON ROAD J 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION PUBLIC ROAD AND GENERAL UTILITY MARCH 9, 1981 AS FILE NO. 81-071069 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. K 11. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY PUBLIC UTILITIES, INGRESS AND EGRESS JULY 20, 1981 AS FILE NO. 81-227291 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. RESTRICTIONS ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT AREA AS PROVIDED IN THE DOCUMENT REFERRED TO ABOVE. L 12. RECORD OF SURVEY MAP 13036 WHICH SETS OUT A PORTION OF THE BOUNDARIES OF AVENIDA ENCINTAS. N END OF SCHEDULE B o NOTE NO. 1: THIS COMPANY WILL REQUIRE MORE INFORMATION ABOUT HOTEL INVESTORS REGARDING THE TYPE OF ENTITY IT IS, PRIOR TO ADVISING YOU OF ANY FURTHER REQUIREMENTS IN THE ISSUANCE OF A POLICY OF TITLE INSURANCE. Q NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. PRELIMBC-9/23/93bk NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: BANK OF AMERICA 1850 GATEWAY BOULEVARD Page 4 SCHEDULE B ( continued) Order No: 8356853 U15 Your Ref: CANNON ROAD CONCORD, CALIFORNIA ABA 121-000358 CREDIT TO CHICAGO TITLE SUB-ESCROW DEPOSITORY ACCOUNT NO. 12359-50752 FURTHER CREDIT TO ORDER NO: 008356853 ATTN: SUSAN RYKOWSKI TITLE OFFICER R SL lSTAMD: PL PRELIMBC·9/23/93bk Order No: 8356853 -U15 Your Ref: CANNON ROAD As part of the settlement of a class action lawsuit, we are required to place this notification in all preliminary reports: IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been entered into that provides persons who bought, sold or refinanced residential real property in the State of California between July 1, 1989 and February 28, 1997, with certain rights. If you are such a person and you are now engaged in an escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1, 1989 and February 28, 1997, which was handled by one of the above-listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was execµted and was delivered for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a reconveyance or release of obligation in the event that one inadvertently had not been previously recorded in the escrow transaction previously handled by one of the above-named title companies. KSS --09 /07 /98bk • SlM DIEGO °CDCMTY ASSESSOR'S NAP Bl ZIO PG 09 SH1'. I OF? C. R~2ll 39,27 c. S67" 31",.0"'# 182.42 E. NIS"53'..0"E ,33.ce DETAIL ·s• NO SCALE 210-09 t SHT. I OF 2 I" 400' 12/12/Q? RAO CHANGES 8LI( OLD NEW1YR CUT II c,b.-i 7, :1411, ,.3 14·/.Sl?z = ?tt5 ~[;,J7.,, 3'!15~ ......... 18 )76' .Se>o ;,,.$ 19 178 P534 11..1,'J N-ZNJ/ :?8.3' · ZD 1:::::·.,.;_ 12 Vd"' ZJ ,.,.-.4Z IBZ /o70 :t.2. 1;{L 82 57'/0 ,a -4~/,# ~ 3223 zz ~u~ "' 34a.5 -Ii, #14-• ~ 1797 J'J,IO 4'J 87 J51lf; .;-? I~!~ ~I l/!9Z 4!l , .. ..:. ,t 14~ ... So ..... .!. 32 414• .. '"""'"-,. '1-1!50 23 ~;:. ge 1438 ' I I i ; MAP 823 -RhTI AGUA HEOIONOA -POR LOTH ROS 1806. 7050 ,13036 • LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY. 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law. ordinance or governmental regulation (including but not limited to butld1ng and zoning laws. ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy. use. or enJoyment of the land; (11) the character, dimensions or location of any improvement now or hereafter erected on the land, (11i) a separation 1n ownership or a change 1n the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection. or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a v1olat1on or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded 1n the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Polley which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens. encumbrances. adverse claims or other matters (a) whether or not recorded in the public records at Date of Polley. but created, suffered. assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting 1n no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Polley; or (e) resulting 1n loss or damage which would not have been sustained 1f the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness. to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage. or claim thereof. which arises out of the transaction evidenced by the insured mortgage and 1s based upon usury or any consumer credit protection or truth-1n-lend1ng law. 6. Any claim. which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender. by reason of the operation of federal bankruptcy, state insolvency or similar creditors· rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. • Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Reord,'3r Form No. 12599 (Rev. 2/93) AMERICAN LAND TITLE ASSOCIATION ~ESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws .and regulations concerning: · • land use • land division • improvements on the land • environmental protection This exclusion does not apply to the 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 notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowe_d, or agreed to by you • that are known to you, but not to us, on the Policy Date -unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land 2. If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use, if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. • • AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH AL TA ENDORSEMENT -FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH AL TA ENDORSEMENT • FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which 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 the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the_ insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. · 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer ex::ept where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. The above policy forms 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 followlng General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances. or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land: (ii) the character. dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws. ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at D.ate of Policy. but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy: or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim. which arises out of the transaction vesting in the insured the estate or interest insured by this. policy. by reason of the operation of federal bankruptcy. state insolvency. or similar creditors· rights laws. that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent ·conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: ' (a) to !lmely record the instrument of transfer: or (b) of such recordation to impart notice to a purchaser for value or a judgment or lten creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs. attorneys· fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings. whether or not shown by the records of such agency or by the public records. 2. Any facts. rights. interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements. liens or encumbrances, or claims thereof. which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines. shortage in area. encroachments. or any other facts which a correct survey would disclose. and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights. claims or title to water, whether or not the matters excepted under (a), (b) or (cf are shown by the public records . • \ INNS OF AMERICA CUP 99-03/CDP 99-06.