HomeMy WebLinkAboutGPA 13-01; DAYBREAK COMMUNITY CHURCH; General Plan Amendment (GPA)016
/0 LAND USE REVIEW Development Services
\T/CITY OF APPLICATION Planning Division
1635 Faraday AvenueCARLSBADP-1 (760) 602-4610
f)i-
www.carlsbadca.gov
tt\-S
APPLICATIONS APPLIED FOR:(CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY)
0 Administrative Permit P General Plan Amendment CTPA
1
-
1 4P11LeCoastal Development Permit (*)Li Minor P•••
•
LIU Local Coastal Program Amendment (*)
Lik Conditional Use Permit (*)00..0ball 0 Master Plan 0 Amendment0MinorElExtension
Environmental Impact Assessment 0 Specific Plan 0 Amendment
O Habitat Management Permit El Minor t4;:'•II-Zone Change (*)?si-oq
O Hillside Development Permit (*)El Zone Code Amendment
O Planned Development Permit
Ej Residential El Non-Residential
O Planned Industrial Permit List other appikations not specified
O Planning Commission Determination
gr Site Development Plan ib..1110
D Special Use Permit
0 Tentative Tract Map (*) =eligible for 25% discount
O Variance 0 Administrative
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).:215 541 -07 AIVD 215 0o0 -04
PROJECT NAME:IDA..(E42.E4K Commtimay av2.04 OF TAI CODkrY -GAse ISE
BRIEF DESCRIPTION OF PROJECT:NEW AssEMBLY WITH F-1\-11NC7 FC12-1010 MIT:.
C_LiksS2..trr)K5 Foe_I k.)t\MNN'scReoL s-TUDWIS KEW FAI2Y-loG-LOT
e-T4tcr WILL MC_REASE Ti-1E CSR .nE6 Trx-AL PAP-KIN16 nust --E TO 3(P -)SFt \CES
BRIEF LEGAL DESCRIPTION:LOT 5 of TPAcr q2.-3, MAP134.34 W GTY c CAPLSBADI Amp
EAST Y2.or-NE. cirri2,re GM_OF SE oT Secnoo niTcwr..st+IP 12_SrArn4.
12-As.4 vsimr‘
LOCATION OF PROJECT:6S IS AlvValanSIA 1--Ak)E
STREET ADDRESS
ON THE:\f‘)EST SIDE OF AMBIZI)Stk LANE
(NORTH, SOUTH, EAST, WEST)(NAME OF STREET)
BETWEEN PONSElnk 4106 AND j\t\)
(NAME OF STREET)(NAME OF STREET)
'Dew 000 al
P-1 Page 1 of 5 Revised 07/10
OWNER NAME (Print):ljto.eauzdlOmmom-ty Uwerm APPLICANT NAME (07:ke-um:g.42041Th-crug2E; IN)c.
MAILING ADDRESS:6.5 15 AAASQ.CV.IA MAILING ADDRESS:TA )psylmE CENTE-62D2.Sis 140
CITY, STATE, ZIP:CApti"..e:ADI CIA el 2011 CITY, STATE, ZIP:
1121/14ei CA 126
TELEPHONE:(7()931 -7775 TELEPHONE:(949) (51 -8 11 0
EMAIL ADDRESS:GAZ(WESMDAyeeemayeri4.026 EMAIL ADDRESS:misiN g-rivtisArze_.cow\
I CERTIFY THAT I E LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATIO TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INF MATION IS TRUE AND CORRECT TO
KNOWL .THE BE OF MY KNOWLE
S
.
GNATURE DATE%DATE
APPLICANT'S REPRESENTATIVE (Print):t)ismFs --
1;1760yera
MAILING ADDRESS:esci 1 Itzsitki ECla 11 I -S -TE.
CITY, STATE, ZIP:cz_v toel CA T2ZO
TELEPHONE:(14(0 831 -8110
EMAIL ADDRESS:MAIM TIALSAR-C-•CON\
I CERTIFY THAT I AM THE LEG EPRESENTATIVE OF THE
APPLICAN AND THAT ALL THE A: •E NFORMATION IS TRUE AND
CORRE •0 THE BEST OF MY OW DGE.
Aar'Id1/2-
-
IN THE PROCESS OF REV ING 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/VVE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICT!PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON T E TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH
THE LAND AN ANY SUCCES S IN INTEREST.
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
RECEIVED
NOV 0 7 2012
DATE RcArithITY OP-FnicGAATPRoVI
-SISBAN
RECEIVED
/RECERECEIVED
BY:IVED
P-1 Page 2 of 5 Revised 07/10
issummur aymi.
DISCLOSURE Development Services
STATEMENT Planning Division
\7/CITY OF P-1(A)1635 Faraday Avenue
CARLSBAD(760)602-4610
www.carlsbadca.gov11-NASE
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.)Dpm6424ave. Commu mt-re Cs4o2cm
Person Corp/Part CC'CaVAU--Gzum-r'
Title Title OVVI•leiz_
Address Address
2.OWNER (Not the owner's agent)0.521.&34D,CA WI \
Provide the COMPLETE.LEGAL names and addresses of ALL persons having any
ownership interest in the property involved.Also,provide the nature of the legal
ownership (i.e.,partnership,tenants in common,non-profit,corporation,etc.).If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE
SPACE BELOW.If a publicly-owned corporation,include the names,titles,and
addresses of the corporate officers.(A separate page may be attached if necessary.)
CiVr -fteNe— CO, tel•040ra.CA
Person Corp/Part OF Codwzrisa_
Title Title vyklere_
Address Address 51S AtAegos(A LE
CATai-se.460 ,CA 61 20)t
P-1(A)Page 1 of 2 Revised 07/10
11.1111101111111.11....1.11111011 1.111.10.10 1111111.111111.11111UMNIMINIM
00
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 C4p....Y Wtiale„Non Profit/Trust
Title %TOP—AT:WIN)tSt—P—AT02-Title
Address 451.5"AM82C;s1A 1-At\le Address
CPsei-sS1XD.CA 12011
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?
nYes F No If yes, please indicate person(s):
NOTE:Attach additional sheets if necessary.
I certify that all bove information is true and correct to the best of my knowledge.
•.--soc—g•-
ignature of owner/date Signature of applicant/date
e0...xen.".1".e.•r s•-•.‘"
Print or type name of owner Print or type name of applicant
iy -ture of owner/app icant's a if applicable/date
ec 114 er
Prink or type name of owner/applicanfi agent
P-1(A)Page 2 of 2 Revised 07/10
I>PROJECT°
•
Development Services
X DESCRIPTION Planning Division
\T/CITY OF P-1(B)1635 Faraday Avenue
CARLSBAD (760) 602-4610
RASE www.carlsbadca.gov
PROJECT NAME:`C'81 1L Commpul—y atios:14 R-4061E I/Joeswr GEkim-f2
APPLICANT NAME: '4\Pz:i2E1W---COMMUot'Tc? CALVC.1-1-OF CrAsrAL K-Olzfrm couNyry
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:
T;-\EEXA‘ST1 NG 0401204 CA MFOS (f:F AN
M.P.-A Y•IDU I LZ)ING WITH S'•'i1 N G FO2 01
02.SH I P 1zS Ak) D -Suk)DL\-r CLAssiacoms
F0t2_.sTuDEI.vm 7107-Al___c 53Ls;.N)6_
PAC2-V-IN &sc cEs w\uP FIAD VED )A4E A t3
Z 2.\PAR_e__1 NG LOT W1L.L.ATDED
36.8 Gloss
SPACES
P-1 (B)Page 1 of 1 Revised 07/10
INII 111111111111INIIIMir 11.111.1111111111111
i`..fk C HAZARDOUS WASTE 04 Development ServiceE
AND SUBSTANCES Planning Division\7/CITY OF STATEMENT 1635 Faraday Avenue
CARLSBAD P-1(C)(760) 602-4610
PlAkSE
-
I
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):
21 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.
El The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PROPERTY OWNER
ip_kaar___Iyritvivi G402.04
Name:11
-
MELESS 412.CAITE=0;11)2E-
.Name: CF
Address:cfbcf I luimECEkstw—Celve-1140 Address:6515 Anktsp_cciA Lott
1 tz_v we)CA '126 IP)CfieLseAT).CA q2011
Phone Number:041)&SI -8.t1 0 Phone Number:(7 o)CBI' 77Th
Address of Site:CPS AnikEzmA Uwe-Gkeiseit..D.a 12 011)
Local Agency (City and County):CITY OF LALLSEAD A4•1 Otec-n CaLIQTY
Assessor's book, page, and parcel number:Al 2..15 -84 1
-07 Ato6 2.15 C80-04
Specify list(s):
Regulatory Identification Number:
Date of List:
plicant Signature/D e perry Owner Signature/Date
.007.5
The Hazardous Waste and Substances Sites List (Cortese List)is used by the State,local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C)Page 1 of 2 Revised 07/10
MIMI MI am romrsownsrum
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[
EIA INFORMATION 0
P-1 (D)
Development Services
X °4‘FORM Planning Division
CITY OF 1635 Faraday Avenue
CARLSBAD (760) 602-4610
FAse_www.carlsbadca.gov
INSTRUCTION SHEET FOR COMPLETING AN
ENVIRONMENTAL IMPACT ASSESSMENT
INFORMATION FORM
This Environmental Information Form will be used to assist staff in determining what type of
environmental documentation (i.e.,Environmental Impact Report,Mitigated Negative
Declaration,Negative Declaration or Exemption)will be required to be prepared for your
application,per the California Environmental Quality Act (CEQA)and Title 19 of Carlsbad's
Municipal Code.The clarity and accuracy of the information you provide is critical for purposes
of quickly determining the specific environmental effects of your project.
Any environmental studies (i.e.,biological,cultural resource,traffic,noise)that are
necessary to substantiate a "no impact"or "yes impact"determination should be
submitted as an attachment to this Environmental Information Form.This is especially
important when a Negative Declaration is being sought.The more information provided in this
form,the easier and quicker it will be for staff to complete the Environmental Impact
Assessment Form —Initial Study.
P-1(D)Page 1 of 4 Revised 07/10
-.0 NI 11111 1111111111.110immi 1.41.111111111111111norimummin NMMM.
NA.
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed:I I "11 I 2..(To be completed by City)
Application Number(s):tatIP 00-
0(00.4 CLAP 00— OW (C)ii.x.PA o -
zc.t -04General Information
1.Name of project:DAYPAP-Stile-COMMUNITY Chu OFCaeartL._QOM(&Mr?-r-
Rose-1-7
2.Name of developer or project sponsor: DAYEeSEAIC COIANAWITY aft.32C14
Address:6515 AMENR-CSLALANECity,State, Zip Code:
n65
City,C.A 9 2011
Phone Number:(76(3) (13t -7 77
3.Name of person to be contacted concerning this project:JANAES. 717kA•et-ca_
Address:'e51 tp_vit.le CeKsrise_Thzive.140
City, State, Zip Code:19._VIKNE ,CA 116 t&)
Phone Number:(C141)851 Eltto
4.Address of Project:651--G I*4B2OstA \--AkKlet CA12-LSEAD,CA ct2oti
Assessor's Parcel Number:2.V5 -841 -07 .Amt>2.t5 cO 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:
05 (0143•1 SV'Ace)?N (R meo. ot--Qsvro
6.Existing General Plan Land Use Designation:ai_M.tzest.c.LCYV -MetN. tb-k\strO
7.Existing zoning district:PC (PLAN Cowmuorty)4 LC alAnt-reD
8.Existing land use(s):CIALAP-0-14 C INISTATOTTONAL
9.Proposed use of site (Project for which this form is filed):CIAVRCIA IN=ITUTICLIAL)
Project Description
10.Site size:4-t2, 276 S.F.6k •50 PvC-9--ES
11.Proposed Building square footage:t 8,055
12:Number of floors of construction:Two
13.Amount of off-street parking provided:211 New se." ct---5 ,36.8.c..cems oost-rE
14.Associated projects:10013E
P-1(D)Page 2 of 4 Revised 07/10
111411.1•11111 I 110.11111110111400.IMINNIMINN
15.If residential, include the number of units and schedule of unit sizes:NA
16.If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:NA
17.If industrial, indicate type, estimated employment per shift, and loading facilities:NA
18.If institutional, indicate the major function, estimated employment per shift estimated occupancy,
loading facilities, and community benefits to be derived from the project:Ci4012GR vSE
OCCUPPNCY P"C-GEI`A)l-r -1010 CLASp-Cct-AS -136 OFFICE-
1Ctuntvcc wily Iwk.)PFt-r t tAiroasi4
19.If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
P-1(D)Page 3 of 4 Revised 07/10
Mil 10111111111111111111111111 ION
0 0
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
alteration of ground contours.
21.Change in scenic views or vistas from existing residential areas or public lands or rsi
roads.
22.Change in pattern, scale or character of general area of project. 1E1
23.Significant amounts of solid waste or litter.
24.Change in dust, ash, smoke, fumes or odors in vicinity.
25.Change in ocean,bay,lake,stream or ground water quality or quantity,or
alteration of existing drainage patterns.
26.Substantial change in existing noise or vibration levels in the vicinity.
27.Site on filled land or on slope of 10 percent or more.
28.Use of disposal of potentially hazardous materials,such as toxic substances,
flammables or explosives.
29.Substantial change in demand for municipal services (police, fire, water, sewage,
etc.).
30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31.Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
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, state ents, and
information presented are true and correct to the best of my knowledge and belief.
Date:gh//2.-Signature:
For:
P-1(D)Page 4 of 4 Revised 07/10
rrrr NIII 11111111111111111111111 1111111111111111111111M1
0TIME LIMITS ON Development Services
DISCRETIONARY Planning Division
CITY OF PROJECTS 1635 Faraday Avenue
CARLSBAD P-1(E)(760) 602-4610
pwww.carlsbadca.gov
PLEASE NOTE:
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 er all requirements are necessary for your particular
application) please call (760) 60
Applicant Signature:
Staff Signature:
Date:
To be stapled with receipt to the application
P-1(E)Page 1 of 1 Revised 07/10
4>STORM WATER
STANDARDS Development Services
Land Development EngineeringCITY0FQUESTIONNAIRE1635 Faraday Avenue
CARLSBAD E-34 760-602-2750
www.carlsbadca.gov
INSTRI$110.04:"44fir-.?...T).4.:t:W{:140Ctriele&M*;.tall1;;Qtrgiit.z.fr*e Affitifigtej
To address post-development pollutants that may be generated from development projects, the City requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To
view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.cadsbadca.00v/standards.
Initially this questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project. Depending on the
outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria
called 'Priority Development Project Requirements'.Many aspects of project site design are dependent upon the
storm water standards applied to a project.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.
City staff has responsibility for making the final assessment after submission of the development application. If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete.In this case, please
make the changes to the questionnaire and resubmit to the City.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A separate completed and signed questionnaire must be submitted for each new development application submission.
Only one completed and signed questionnaire is required when multiple development applications for the same project
are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat
Assessment Form with construction permits for the project.
Please start by completing Section 1 and follow the instructions. When completed, sign the form at the end and submit
this with your application to the city.
Does your project meet one or more of the following criteria:YES NO
1.Housino subdivisions of 10 or more dwelling units.Examples:single family homes,multi-family homes,
condominium and apartments X
2.Commercial —anger than 1-acre. Any development other than heavy industry or residential. Examples: hospitals;
laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial xnurseries; multi-apartment buildings; car wash facilities; mini-malls and other business complexes; shopping malls;
hotels; office buildings; public warehouses; automotive dealerships; airfields; and other light industrial facilities.
3.Heavy Industrial /Industry-greater than 1 acre. Examples: manufacturing plants, food processing plants, metal
working facilities, printing plants, and fleet storage areas (bus, tuck, etc.).
4.Automotive repair shoo. A facility categorized in any one of Standard Industrial Classification (SIC) codes 5013,
5014, 5541, 7532-7534, and 7536-7539
5.Restaurants. Any facility that sells prepared foods and drinks for consumption, including stationary lunch counters
and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the
land area for development is greater than 5.000 square feet. Restaurants where land development is less than 5,000
square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria
requirements and hydromodification requirements.
E-34 Page 1 of 3 REV 1/14/11
4 ,
STORM WATER
t.•/STANDARDS Development Services
Land Development Engineeringst)CITY OF QUESTIONNAIRE 1635 Faraday Avenue
CARLSBAD E-34 760-602-2750
www.cadsbadca.gov
6.Hillside development.My development that creates more than 5,000 square feet of impervious surface and is
located in an area with known erosive soil conditions, where the development will grade on any natural slope that is
twenty-five percent (25%) or greater.
7.Environmentally Sensitive Area (ESA)'.All development located within or directly adjacent' to or discharging
directly' to an ESA (where discharges from the development or redevelopment will enter receiving waters within the
ESA), which either creates 2,500 square feet or more of impervious surface an a proposed project site or increases
the area of imperviousness of a proposed project site 10% or more of its naturally occurring condition.
8.Parking lot Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban Arunoff
9.Streets.roads. highways.and freeways.My paved surface that is 5,000 square feet or greater used for the
transportation of automobiles, trucks, motorcycles, and other vehicles
10.Retail Gasoline Outlets.Serving more than 100 vehicles per day and greater than 5,000 square feet
11.Coastal Development Zone.My project located within 200 feet of the Pacific Ocean and (1) creates more than
2500 square feet of impervious surface or (2) increases impervious surface on property by more than 10%.
12.More than 1-acre ofdisturbance. Project results in the disturbance of 1-acre or more of land and is considered a
Pollutant-generating Development Project'.
1 Envflonmentally Sensitive Ames include but are not limited to all Clean Water Act Section 303(d) impaired water bodes; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994)and amendments);water bodies
designated with the RARE beneficial use by the State Water Resources Control Boartl (Water Quality Control Plan for the San Diego Basin (1994) and amendments);
areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent
environmentally sensitive areas which have been identified by the Copermittees.
2 'Diredly atgacent means situated within 200 feet of the Environmentally Sensitive Area.
3 'Discharging directly to' means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and
not commingled with flow from adjacent lands.
4 Pollutant-generating Development Protects are those projects that generate pollutants at levels greater than background levels.h general, these include all projects
that contribute to an exceedance to an impaired water body or which Greets new impervious surfaces greater then 5000 square feet andor Introduce new landscaping
areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for Infrequent vehicle use, such as emergency or maintenance
access, or for pedestrian or bicycle use, are not considered Pollutant-generating Development Projects if they are built with pervious surfaces or if they sheet flow to
surrounding pervious surfaces.
INSTRUCTIONS::
Section 1 Results'
If you answered YES to ANY of the questions above, your project is subject to Priority Development Project requirements.Skip Section 2 and
please proceed to Section 3.Check the "meets PRIORITY DEVELOPMENT PROJECT requirements' box in Section 3.Additional storm water
requirements will apply per the SUSMP.
If you answered NO to ALL of the questions above, then please proceed to Section 2 and follow the instructions.
E-34 Page 2 of 3 REV 1/14/11
r
dt,STORM WATER
STANDARDS Development Services
land Development Engineering\T./CITY OF QUESTIONNAIRE 1635 Faraday Avenue
CARLSBAD E-34 760-602-2750
„
www.carlsbadca.gov
4..?"21;;L:•;.;•y •rt.to.1.41tekig#•4 4'7:I.::VEC119t '7504-4441404a141(.•.;..44*4'4t(3777:C•Tr,.,.CS:citt:•.';'4.410,4KNolffir...' art:
INSTRUCTIONS:Complete the questions below regarding your project YES NO
1.Project results in the disturbance of 1 -acre or more of land and is considered a Pollutant-generating DevelopmentProject'?
INSTRUCTIONS:If you answered NO, please proceed to question 2.
If you answered YES, then you ARE a significant redevelopment and you ARE subject to PRIORITY DEVELOPMENT PROJECT
requirements.Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below.
2.Is the project redeveloping an existing priority project type?(Priority projects are defined in Section 1)
INSTRUCTIONS:If you answered YES, please proceed to question 3.
If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATERREQUIREMENTS.Please check the "does not meet PDP requirements" box in Section 3 below.
3.Is the work limited to trenching and resurfacing associated with utility work;resurfacing and reconfiguring surfaceparkinglots and existing roadways;new sidewalk;bike lane on existing road and/or routine maintenance of damaged
pavement such as pothole repair? Resurfacing/reconfiguring parking lots is where the work does not expose underlying soilduring construction.
INSTRUCTIONS:If you answered NO, then proceed to question 4.
If you answered YES, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER
REQUIREMENTS.Please check the "does not meet PDP requirements' box In Section 3 below.
4.WIll your redevelopment project create, replace, or add at least 5,000 square feet of impervious surfaces on existing
developed property or will your project be located within 200 feet of the Pacific Ocean and (1) create 2500 square feet ormoreof impervious surface or (2) increases impervious surface on the property by more than 10%?Replacement ofSatingimpervious surfaces indudes any activity that is not part of routine maintenance where impervious material(s) areremoved, exposing underlying soil during construction.
INSTRUCTIONS:If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY DEVELOPMENTPROJECT requirements.Please check the 'meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. Review
SUSMP to find out if SUSMP requirements apply to your project envelope or the entire project site.
If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATERREQUIREMENTS.Please check the "does not meet PDP requirements' box in Section 3 below.
*for definition see Footnote 4 on page 2
XMy project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stonnwater criteriaper the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application.I understand
flow control (hydromodificetion) requirements may apply to my project. Refer to SUSMP for details. My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the
SUSMP. As ••a of these re. uirements I will is•• •rate low im•develo •ent •ies throu•hout •"'era.
Applicant Information and Signature Box ThisBoxkrory us.Ortly
Address:L&.griP, eneel-5.Mt-Assessor's Parcel Number(s):city Concurrence:YES NOC.16 LI EckAt. Stkier 2.IS --04 -cit2erni<.ca.9ZS te Z.1 5 —02 +I -c7-7 By:Applicant Name:Applicant Title:
L-42ren .1.14 %lc 'A eff---I
On:
Appli ignature:Date:
PrOest ID:3/Vein-
E-34 Page 3 of 3 REV 1/14/11
Shannon Werneke
From:Gary Webb <garywebb@daybreakchurch.org >
Sent:Wednesday, March 27, 2013 11:23 AM
To:Shannon Werneke
Cc:Bill Hofman; James Thayer; Jason Graves
Subject:Daybreak Community Church
Good Morning Shannon,
The purpose of this email is to reiterate, in writing, my decision to have Bill Hofman represent the
church in all matters before the city in connection with our application for Land Use Permits effective
immediately.Timeless Architecture will continue to provide architectural services to Daybreak, as
required; however,Bill will be our point person with the city moving forward.
Should you require anything additional from me at this time, please do not hesitate in contacting me
directly.As always,I greatly appreciate your assistance!
Gary Webb
Executive Pastor/Vice President
760.931.7773 x14
ciarvwebb@davbreakchurch.orq
T2AYBREAKCHURCH
LOpe
1
-NOM
¶orm No.1068-2 0 Com%ant No.: NCS-433204A-SF
ALTA Plain Language Commitment Page Number:1
Amended Update
May 2, 2013
104E
First American Title Insurance Company
National Commercial Services
100 Spear Street, Suite 1600
San Francisco, CA 94105
May 2, 2013
Sydney Truong
Bank of the West
2527 Camino Ramon
San Ramon, CA 94583
Phone:(925)843-2423
Fax:(323)837-3542
Customer Reference:6515 Ambrosia Lane
Order Number:NCS-433204A-SF
Escrow Officer:Chad Wilson
Phone:(415)837-2261
Email:cjwilson@firstam.com
Property:6515 Ambrosia Lane, Carlsbad, CA
Attached please find the following item(s):
Commitment
Thank You for your confidence and support.We at First American Title Insurance Company maintain the
fundamental principle:
Customer first!
First American Title Insurance Company
MEIONNOINIIIMOMMO
fForm No.1068-2 Comgent No.: NCS-433204A-SF
ALTA Plain Language Commitment Page Number: 2
First American Title
INFORMATION
The Title Insurance Commitment is a legal contract between you and the company.It is issued to show
the basis on which we will issue a Title Insurance Policy to you.The Policy will insure you against certain
risks to the land title, subject to the limitations shown in the policy.
The Company will give you a sample of the Policy form, if you ask.
The Commitment is based on the land title as of the Commitment Date.Any changes in the land title or
the transaction may affect the Commitment and the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
This information is not part of the title insurance commitment.
TABLE OF CONTENTS
Page
Agreement to Issue Policy 3
Schedule A
1.Commitment Date 4
2.Policies to be Issued, Amounts and Proposed Insured 4
3.Interest in the Land and Owner 4
4.Description of the Land 4
Schedule B-1 -Requirements
Schedule B-2 -Exceptions
Conditions
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.
If you have any questions about the Commitment,
please contact the issuing office.
iForrn No.1068-2 Q Cormgent No.: NCS-433204A-SF
ALTA Plain Language Commitment Page Number: 3
COMMITMENT FOR TITLE INSURANCE
Issued by
first American Title
Agreement to Issue Policy
We agree to issue a policy to you according to the terms of this Commitment.
When we show the policy amount and your name as the proposed insured in Schedule A,this
Commitment becomes effective as of the Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the
Commitment Date,our obligation under this Commitment will end.Also,our obligation under this
Commitment will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B-1.
The Exceptions in Schedule B-2.
The Conditions.
This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B.
Form No.1068-2 Comm ent No.:NCS-433204A-SF
ALTA Plain Language Commitment Page Number: 4
SCHEDULE A
1.Commitment Date:April 25, 2013 at 7:30 A.M.
2.Policy or Policies to be issued:Amount
(A)ALTA Extended Loan Policy -2006 $To Be Determined
Proposed Insured:
Bank of the West
3.(A)The estate or interest in the land described in this Commitment is:
FEE
(B)Title to said estate or interest at the date hereof is vested in:
Daybreak Community Church of Coastal North County,a California non-profit religious
corporation
4.The land referred to in this Commitment is situated in the City of Carlsbad,County of San
Diego, State of California, and is described as follows:
PARCEL 1:
LOT 8 OF CITY OF CARLSBAD TRACT NO. 92-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.13434, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 23,1997.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS,
NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT
MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND
REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO
WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY
OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED
WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE
ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE,
WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH
THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY.
PARCEL 2:
EAST 1/2 OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
F.-
APN:215-080-04-00 (Affects Parcel 2) and 215-841-07-00 (Affects PailcUr 1)
111111Mosimo 1111111111111111111111111111111111 mai Oil to
A.$Form No.1068-2 Comm ent No.:NCS-433204A-SF
ALTA Plain Language Commitment Page Number:5
SCHEDULE B
SECTION ONE
REQUIREMENTS
The following requirements must be met:
(A)Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
(B)Pay us the premiums, fees and charges for the policy.
(C)Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured
must be signed, delivered and recorded.
(D)You must tell us in writing the name of anyone not referred to in this Commitment who will get
an interest in the land or who will make a loan on the land.We may then make additional
requirements or exceptions.
(E)Releases(s) or Reconveyance(s) of Item(s): 35
(F)Other:None
(G)You must give us the following information:
1.Any off record leases, surveys, etc.
2.Statement(s) of Identity, all parties.
3.Other: None
The following additional requirements, as indicated by "X", must be met:
[X](H)Provide information regarding any off-record matters, which may include, but are not
limited to:leases,recent works of improvement, or commitment statements in effect
under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq.
The Company's Owner's Affidavit form (as provided by company) must be completed and
submitted prior to close in order to satisfy this requirement.This Commitment will then
be subject to such further exceptions and/or requirements as may be deemed necessary.
[](I)An ALTA/ACSM survey of recent date, which complies with the current minimum standard
detail requirements for ALTA/ACSM land title surveys, must be submitted to the Company
for review.This Commitment will then be subject to such further exceptions and/or
requirements as may be deemed necessary.
[](3)The following LLC documentation is required:
(i)a copy of the Articles of Organization
(ii)a copy of the Operating Agreement, if applicable
(iii)a Certificate of Good Standing and/or other evidence of current Authority to Conduct
Business within the State
(iv)express Company Consent to the current transaction
*orm No.1068-2 CommC)ent No.:NCS-433204A-SF
ALTA Plain Language Commitment Page Number: 6
[](K)The following partnership documentation is required :
(i)a copy of the partnership agreement, including all applicable amendments thereto
(ii)a Certificate of Good Standing and/or other evidence of current Authority to Conduct
Business within the State
(iii) express Partnership Consent to the current transaction
[X](L)The following corporation documentation is required:
(i)a copy of the Articles of Incorporation
(ii)a copy of the Bylaws, including all applicable Amendments thereto
(iii)a Certificate of Good Standing and/or other evidence of current Authority to Conduct
Business within the State
(iv) express Corporate Resolution consenting to the current transaction
[X](M)Based upon the Company's review of that certain partnership/operating agreement dated
Not disclosed for the proposed insured herein, the following requirements must be met:
Any further amendments to said agreement must be submitted to the Company, together
with an affidavit from one of the general partners or members stating that it is a true
copy, that said partnership or limited liability company is in full force and effect, and that
there have been no further amendments to the agreement.This Commitment will then
be subject to such further requirements as may be deemed necessary.
[](N)A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any
amendments and/or assignments thereto, must be submitted to the Company for review,
along with an affidavit executed by the present lessee stating that it is a true copy, that
the lease is in full force and effect, and that there have been no further amendments to
the lease.This Commitment will then be subject to such further requirements as may be
deemed necessary.
[X](0)Approval from the Company's Underwriting Department must be obtained for issuance of
the policy contemplated herein and any endorsements requested thereunder.This
Commitment will then be subject to such further requirements as may be required to
obtain such approval.
[X](P)Potential additional requirements, if ALTA Extended coverage is contemplated hereunder,
and work on the land has commenced prior to close, some or all of the following
requirements, and any other requirements which may be deemed necessary, may need to
be met:
[X](Q)The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company
employee, based upon information furnished by the appropriate parties involved.
[X](R)The Company's "Indemnity Agreement I" must be executed by the appropriate parties.
[X](S)Financial statements from the appropriate parties must be submitted to the Company for
review.
[X](T)A copy of the construction contract must be submitted to the Company for review.
[X](U)An inspection of the land must be performed by the Company for verification of the phase
of construction.
IForm No.1068-2 0 Comm ent No.:NCS-433204A-SF
ALTA Plain Language Commitment Page Number: 7
SCHEDULE B
SECTION TWO
EXCEPTIONS
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction.
The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A
attached.Copies of the policy forms should be read.They are available from the office which issued this
Commitment.
1.General and special taxes and assessments for the fiscal year 2012-2013,a lien not yet due or
payable.
2.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 .
(Affects Parcel 2)
3.The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
4.Water rights, claims or title to water, whether or not shown by the public records.
(Affects Parcel 2)
5.The effect of a map purporting to show the land and other property, filed 584 of Record of
Surveys.
6.An easement for transmission and distribution of electricity and incidental purposes,
recorded APRIL 16, 1954 as Book 5207, Page 161 OF OFFICIAL RECORDS.
In Favor of:San Diego Gas and Electric Company
Affects:as described therein
7.An easement for poles or steel towers, wires or cables and incidental purposes, recorded JULY
16,1954 as Book 5302, Page 379, Book 5302, Page 384, Book 5302, Page 387, Book 5302, Page
392, Book 5302, Page 395 and Book 5302, Page 400, all of Official Records.
In Favor of:San Diego Gas and Electric Company
Affects:as described therein
8.An easement for pipelines or pipelines for any and all purposes and also underground conduits
and cables for telephone, signal and communication purposes and incidental purposes,
recorded JULY 21,1958 as Book 7174, Page 293 of Official Records.
In Favor of:Carlsbad Municipal Water District
Affects:as described therein
9.The effect of a map purporting to show the land and other property, filed 6269 of Record of
Surveys.
-....matommoktatima.—
*Form No.1068-2 Comgent No.: NCS-433204A-SF
ALTA Plain Language Commitment Page Number: 8
10.The effect of a map purporting to show the land and other property, filed 13762 of Record of
Surveys.
11.An easement for pipe line and incidental purposes, recorded JULY 21,1958 as Book 7174, Page
290 of Official Records.
In Favor of:Carlsbad Municipal Water District
Affects:as described therein
12.The terms and provisions contained in the document entitled "Resolution No. 8744"
recorded AUGUST 19,1986 as Instrument No. 86-356638 of Official Records.
13.The terms and provisions contained in the document entitled "Unity of Control Agreement"
recorded APRIL 16,1990 as Instrument No.90-204778 of Official Records.
The terms and provisions contained in the document entitled "Unity of Control Assumption
Agreement" recorded MAY 14,1999 as Instrument No. 99-0332103 of Official Records .
14.The Terms, Provisions and Easement(s) contained in the document entitled "Easement and
Covenant Regarding CATV Service" recorded JUNE 01,1990 as Instrument No. 90-298175 of
Official Records.
A portion of said land was released from said Instrument by Corporation Quitclaim Deed, dated
March 26, 1991, executed by Daniels Cablevision, Inc.,a Delaware corporation, recorded April
15,1991 as File No. 91-0168675 of Official Records.
Document(s) declaring modifications thereof recorded APRIL 15, 1991 as Instrument No. 91-
0168678 of Official Records.
15.The terms and provisions contained in the document entitled "Hold Harmless Agreement"
recorded MARCH 22,1991 as Instrument No.91-0127324 of Official Records.
16.The terms and provisions contained in the document entitled "Contract for Future Public
Improvements" recorded JUNE 03,1991 as Instrument No. 91-0259639 of Official Records.
17.An easement for construct and maintain, place, operate, inspect, repair, replace and remove such
underground communication facilities consisting of wires, cables, conduit, manholes, handholes
and aboveground markers, pedestals, terminal equipment cabinets, other associated electrical
conductors and necessary fixtures and appurtenances and incidental purposes,
recorded SEPTEMBER 06,1991 as Instrument No.91-0456674 of Official Records.
In Favor of:Pacific Bell, a California corporation
Affects:as described therein
The location of the easement cannot be determined from record information.
18.The terms and provisions contained in the document entitled "Agreement between Developer-
Owner and The City of Carlsbad for the Payment of a Public Facilities Fee" recorded APRIL 01,
1992 as Instrument No.92-0187218 of Official Records.
19.The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded JANUARY 05,1995 as Instrument No. 95-0005398 of Official Records.
20.The terms and provisions contained in the document entitled "Deed Restriction"
recorded AUGUST 22, 1995 as Instrument No. 95-0368883 of Official Records.
iForm No.1068-2 Commnt No.: NCS-433204A-SF
ALTA Plain Language Commitment Page Number: 9
21.Abutter's rights of ingress and egress to or from Ambrosia Lane, except access opening have
been dedicated or relinquished on the map of City of Carlsbad Tract No. 92-3 of Tract Maps
recorded as Map No.13434.
22.The terms and provisions contained in the document entitled "Resolution No.97-528"
recorded JULY 22,1997 as Instrument No.1997-349124 of Official Records.
23.An easement for landscape installation, maintenance and repair, wall and/or fence, and trail
thereof and incidental purposes, recorded MAY 10,1999 as Instrument No. 99-0317421 of
Official Records.
In Favor of:Brehm-Aviara III Development Associates, L.P.,a Delaware
limited partnership
Affects:as described therein
24.Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions
in the document recorded MAY 14, 1999 as Instrument No. 99-0330774 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 APRIL 14, 2004 as Instrument No.2004-
0322600 of Official Records.
25.The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded MARCH 19, 2001 as Instrument No.2001-0156231 of Official Records.
26.The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded JULY 26, 2001 as Instrument No.2001-0522750 of Official Records.
27.The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded AUGUST 09, 2001 as Instrument No. 2001-0565986 of Official
Records.
28.An easement for slope, construction and incidental purposes, recorded SEPTEMBER 12, 2001 as
Instrument No.2001-0653974 of Official Records.
In Favor of:City of Carlsbad,a municipal corporation
Affects:as described therein
29.An easement for the construction, operation, repair, reconstruction and all activities necessary to
construct, reconstruct, operate, maintain and repair facilities designed for general purposes of
collecting, storing, transporting, pumping and treating all water, including surface water, stream
water, flood water and ground water flowing into said facilities, and all natural and artificial
drainage ditches and structures of any kind, whether above of below the surface of the ground
and incidental purposes, recorded SEPTEMBER 13, 2001 as Instrument No. 2001-0656932 of
Official Records.
In Favor of:Carlsbad Municipal Water District,a public agency
Affects:as described therein
A document entitled "Quitclaim Deed" recorded MAY 09, 2011 as Instrument No. 2011-
0240035 of Official Records, which quitclaimed a portion of said easement.
Almommomeramso .•44
)•/Form No.1068-2 Commi ent No.:NCS-433204A-SF
ALTA Plain Language Commitment Page Number: 10
A document entitled "Quitclaim Deed of Easement" recorded December 03, 2012 as Instrument
No.2012-0755207 of Official Records, which quitclaimed a portion of said easement.
30.An easement for slope, public street, drainage and temporary construction purposes over, under
upon and across and incidental purposes, recorded JUNE 14, 2002 as Instrument No.2002-
507610 of Official Records.
In Favor of:City of Carlsbad,a Municipal Corporation
Affects:as described therein
31.The effect of a map purporting to show the land and other property, filed as Map No.17470 of
Record of Surveys.
32.An easement for public street and public utility and incidental purposes, recorded JULY 09, 2003
as Instrument No.2003-813758 of Official Records.
In Favor of:City of Carlsbad,a Municipal Corporation
Affects:as described therein
33.A document entitled "Notice of Restriction on Real Property" recorded DECEMBER 04, 2009 as
Instrument No. 2009-0672996 of Official Records.
(Affects Parcel 1)
34.The effect of a document entitled "CORRECTION QUITCLAIM DEED", recorded MAY 14, 2010 as
Instrument No. 2010-0243048 of Official Records.
Said document contains an erroneous legal description
35.A deed of trust to secure an original indebtedness of $3,148,000.00 recorded MAY 14,
2010 as Instrument No.2010-0243049 of Official Records.
Dated:MAY 10, 2010
Trustor:Daybreak Community Church of Coastal North County,a
California non-profit religious corporation
Trustee:First Santa Clara Corporation,a California corporation
Beneficiary:Bank of the West,a California banking corporation
The above deed of trust states that it is a construction deed of trust.
The above deed of trust states that it secures a line of credit.Before the close of escrow, we
require evidence satisfactory to us that (a) all checks, credit cards or other means of drawing
upon the line of credit have been surrendered to escrow, (b) the borrower has not drawn upon
the line of credit since the last transaction reflected in the lender's payoff demand, and (c) the
borrower has in writing instructed the beneficiary to terminate the line of credit using such forms
and following such procedures as may be required by the beneficiary.
The terms and provisions contained in the document entitled "Memorandum of Extension and
Conversion of Loan Secured by Deed of Trust" recorded JUNE 22, 2011 as Instrument No. 2011-
0316289 of Official Records .
The terms and provisions contained in the document entitled "Memorandum of Additional
Advance and Amendment to Construction and Permanent Deed of Trust, Assignment of Leases
and Rents, Security Agreement, Financing Statement and Fixture Filing" recorded AUGUST 09,
2012 as Instrument No.2012-0472929 of Official Records.
mommio—
!Form No.1068-2 Commi ent No.:NCS-433204A-SF
ALTA Plain Language Commitment Page Number:11
36.The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded JULY 22, 2010 as Instrument No.2010-0369179 of Official Records.
37.The terms and provisions contained in the document entitled "Permanent Stormwater Quality
Best Management Practice Maintenance Agreement" recorded JULY 23, 2010 as Instrument No.
2010-0371456 of Official Records.
38.A document entitled "Notice of Restriction on Real Property" recorded AUGUST 04, 2010 as
Instrument No. 2010-0397424 of Official Records.
39.An easement for the construction, operation, repair, reconstruction and all activities necessary to
construct, reconstruct, operate, maintain and repair facilities designed for general purposes of
collecting, storing, transporting, pumping and treating all water, including surface water, stream
water, flood water and ground water flowing into said facilities, and all natural and artificial
drainage ditches and structures of any kind, whether above of below the surface of the ground
and incidental purposes, recorded MARCH 18, 2011 as Instrument No. 2011-0146544 of Official
Records.
In Favor of:Carlsbad Municipal Water District,a public agency
Affects:as described therein
40.The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded OCTOBER 01, 2012 as Instrument No. 2012-0596055 of Official
Records.
Affects Parcel 1
41.The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded OCTOBER 01, 2012 as Instrument No. 2012-0596056 of Official Records.
Affects Parcel 1
42.The terms and provisions contained in the document entitled "Permanent Stormwater Quality
Best Management Practice Maintenance Agreement" recorded OCTOBER 01, 2012 as Instrument
No.2012-0596072 of Official Records.
Affects Parcel 1
43.Notice of Restriction on Real Property recorded OCTOBER 18, 2012 as Instrument No.2012-
0640582 of Official Records.
Affects Parcel 1
44.An easement for public water and incidental purposes, recorded OCTOBER 18, 2012 as
Instrument No. 2012-0640583 of Official Records.
In Favor of:Carlsbad Municipal Water District,a public agency
Affects:A 20 foot wide strip of land on a portion of Parcel 1
45.The terms and provisions contained in the document entitled "Encroachment Agreement"
recorded DECEMBER 14, 2012 as Instrument No. 2012-0788099 of Official Records.
Affects Parcel 1
46.Rights of parties in possession.
......1111•1111•11MOM
Worm No.1068-2 0 Comm'ment No.: NCS-433204A-SF
ALTA Plain Language Commitment Page Number: 12
)INFORMATIONAL NOTES
1.Taxes for proration purposes only for the fiscal year 2011-2012.
First Installment:$60.85, PAID
Second Installment:$60.85, PAID
Tax Rate Area:09165
APN:215-080-04-00
(Affects Parcel 2)
2.Taxes for proration purposes only for the fiscal year 2011-2012.
First Installment:$77.56, PAID
Second Installment:$77.56, PAID
Tax Rate Area:09027
APN:215-841-07-00
(Affects Parcel 1)
3.According to the latest available equalized assessment roll in the office of the county tax
assessor, there is located on the land a(n) Commercial Structure known as 6515 Ambrosia
Lane, Carlsbad, CA.
(Affects Parcel 1)
4.The property covered by this report is vacant land.
(Affects Parcel 2)
5.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
6.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.
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 offunds to your escrow file please
contact your Escrow Officer.*****
'Form No.1068-2 Connmi nnent No.: NCS-433204A-SF
ALTA Plain Language Commitment Page Number:13
CONDITIONS
1.DEFINITIONS
(a)"Mortgage" means mortgage, deed of trust or other security instrument.
(b)"Public Records"means title records that give constructive notice of matters affecting the title
according to the state law where the land is located.
2.LATER DEFECTS
The Exceptions in Schedule B -Section Two may be amended to show any defects,liens or
encumbrances that appear for the first time in the public records or are created or attached between the
Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B -Section One
are met.We shall have no liability to you because of this amendment.
3.EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B,we may
amend Schedule B to show them.If we do amend Schedule B to show these defects,liens or
encumbrances,we shall be liable to you according to Paragraph 4 below unless you knew of this
information and did not tell us about it in writing.
4.LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its
Requirements.If we have any liability to you for any loss you incur because of an error in this
Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment
when you acted in good faith to:
comply with the Requirements shown in Schedule B -Section One
or
eliminate with our written consent any Exceptions shown in Schedule B -Section Two.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our
liability is subject to the terms of the Policy form to be issued to you.
5.CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim,whether or not based on negligence, which you may have against us concerning the title to
the land must be based on this commitment and is subject to its terms.
=ow
CI)•"form No.1068-2 Connmi ent No.:NCS-433204A-SF
ALTA Plain Language Commitment Page Number: 14
RrstAtnerican Title
Privacy Information
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
subsidiaries 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 that 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.
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 cusbaner 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 ifyou 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.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet.
In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the
domain names,not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information.First
American uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of
collection how we will use the personal information.Usually,the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific
account/profile information.Ifyou choose to share any personal information with us, we will only use it in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site
can send to your browser, which may then store the cookie on your hard drive.
firstAncom uses stored cookies.The goal of this technology is to better serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and
productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record
and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information.
When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer
can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on
our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form 50-PRIVACY (8/1/09)Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)
010000000101.001 01101010100001101 101000111011110.M.N.emnimall0001111 NM 10
1 1Form No.1068-2 Commi ment No.:NCS-433204A-SF
ALTA Plain Language Commitment Page Number: 15
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
1.CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
SCHEDULE B
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 notice 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.
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 ofa purchaser for value without
knowledge.
3.Defects, liens, encumbrances, adverse claims or other matters:
(a)whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b)not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c)resulting in no loss or damage to the insured claimant;
(d)attaching or created subsequent to Date of Policy; or
(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for
the estate or interest insured by this policy.
4.Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is
situated.
5.Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6.Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their 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.
2.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1.Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of
any violation of any such law, ordinance or governmental regulation.
2.Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the
date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured daimant; (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.
3.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 2 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
NOY 1111111111M1111111M
•I I X Form No.1068-2 Commi ment No.:NCS-433204A-SF
ALTA Plain Language Commitment Page Number: 16
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
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.
2.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.
3.Easements, daims of easement or encumbrances 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 public records.
5.Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, daims or title to
water.
6.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public
records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1.Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of
any violation ofany such law ordinance or govemmental regulation.
2.Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured
claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the
insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory
lien for 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).
4.Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the
indebtedness to comply with applicable "doing business" laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions
set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
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.
2.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.
3.Easements, claims of easement or encumbrances 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 public records.
5.Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly exduded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' 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 ofa
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.
IBU
pl.•""Form Mo.1068-2 Commi ment No.:NCS-433204A-SF
ALTA Plain Language Commitment Page Number: 17
2.Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3.Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (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 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 the applicable "doing business" laws of the state in which the land is
situated.
5.Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6.Any statutory lien for services, labor or materials (or the claim of 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 except 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 a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 6 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
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.
2.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.
3.Easements, claims of easement or encumbrances 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 public records.
5.Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly exduded 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 govemmental 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 thata notice of the exercise thereof or a notice ofa
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; or
,_111111111111116111111111111 111111111111111111111MIN mawrommosmom NOM
't ifForm Igo.1068-2 Commi ment No.:NCS-433204A-SF
ALTA Plain Language Commitment Page Number: 18
(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 timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 8 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
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:
Part One:
1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or asccsments on real
property 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 said land
or by making inquiry of persons in possession thereof.
3.Easements, claims of easement or encumbrances 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 public records.
5.Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
ALTA RESIDENTIAL TITLE 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 govemment 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 taking
3.Title Risks:
(a) that are created, allowed, or agreed to by you
(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 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:
(a) to any land outside the area spedfically 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 Title Risks.
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE -1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE -1998
Covered Risks 14 (Subdivision Law Violation).15 (Building Permit).16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to
Deductible Amounts and Maximum Dollar Limits of Liability
ION 101M111....11
4 4 "'Form Vic).1068-2 Corn ent No.:NCS-433204A-SF
ALTA Plain Language Commitment Page Number: 19
EXCLUSIONS
In addition to the Exceptions in Schedule 8, 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 ordinances, laws and
regulations concerning:
a. building b. zoning
c.land use d.improvements on the land
e. land division f. environmental protection
This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the
Public Records at the Policy Date.
This exclusion does not limit the coverage described in Covered Risk 14, 15,16,17 or 24.
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 apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3.The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4.Risks:
a.that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b.that are Known to You at the Policy Date, but not to Us,unless they appear 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.d, 22, 23, 24 or 25.
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 18.
12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POLICY (1/01/08)
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, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement
erected on the Land; (iii) the subdivision of land; or(iv) environmental protection; or the effect of any violation of these laws, ordinances, or
governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5,6,13(c),13(d), 14 or
16.
(b)Any governmental police power. This Exclusion 1(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 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,
16,17,18,19, 20, 21, 22, 23, 24, 27 or 28); 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 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
Exdusion does not modify or limit the coverage provided in Covered Risk 11.
7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of
Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -2006
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
weirsimirm
g II Forn4o.1068-2 Corngent No.: NCS-433204A-SF
ALTA Plain Language Commitment Page Number: 20
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
13,or 14); or
(e) 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 11(b).
14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -2006
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set
forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3.Easements, liens or encumbrances, or claims thereof, 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.
15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -2006
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, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;or the effect of any violation of these laws, ordinances,or governmental regulations. This Exclusion 1(a)
does not modify or limit the coverage provided under Covered Risk 5.
mew
I.•ik Form o.1068-2 CornOent No.: NCS-433204A-SF
ALTA Plain Language Commitment Page Number: 21
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 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.
16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -2006
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the
exclusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3.Easements, liens or encumbrances, or claims thereof, 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.