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HomeMy WebLinkAboutHDP 2017-0001; DR MANEA PROPERTY LOT 52; Hillside Development Permit (HDP)•ft.01 '400 \i city of LAND USE REVIEW Dev.merit cori.fro.s Planning Division Carlsbad APPLICATION 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR:(CHECK BOXES) Development Permits (FOR DEPT. USE ONLY),Lealstative Permits (FOR DEPT. USE ONLY) 0 Coastal Development Permit 0 Minor 0 General Plan Amendment 0 Conditional Use Permit 0 Local Coastal Program Amendment0MinorExtension O Day Care (Large)0 Master Plan 0 Amendment O Environmental Impact Assessment 0 Specific Plan 0 Amendment O Habitat Management Permit 0 Minor 0 Zone Change in)?0 Hillside Development Permit 0 Minor _coo.0 Zone Code Amendment El Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits O Planned Development Permit El Minor 0 Review Permit 0 Residential 0 Non-Residential El Administrative 0 Minor 0 Major 0 Planning Commission Determination El Reasonable Accommodation Village Review Area Permits O Site Development Plan 0 Minor 0 Review Permit El Special Use Permit 0 Administrative 0 Minor 0 Major 0 Tentative Parcel Map (Minor Subdivision) El Tentative Tract Map (Major Subdivision) El Variance 0 Minor NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPUCATIONS 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).:223-052-52-00 PROJECT NAME:Dr. Manea Property, Lot 52 BRIEF DESCRIPTION OF PROJECT:Rehabilitation and stabilization of hillside slope in rear yard of Lot 52 of Map 15918 PROJECT VALUE (SITE IMPROVEMENTS)$100,000 ESTIMATED COMPLETION DATE June 2017 LOCATION OF PROJECT:7298 Sitio Lima, Carlsbad CA 92009 STREET ADDRESS ON THE:North SIDE OF Sitio Lima (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) BETWEEN Calle Pera AND Sitio Espino (NAME OF STREET)(NAME OF STREET) c")./20 ( -7 -DoLkc6 p-i Page 1 of 8 Revised 09/16 _-- .....-C 3'OWNER NAME (Print):Sabin and Eugenia Manes APPLICANT NAME (Print):Sabin and Eugenia Manes MAILING ADDRESS:7298 Sitio Lima MAILING ADDRESS: 7298 Sitio Urns CITY, STATE, ZIP:Carlsbad CA 92009 CITY, STATE, ZIP:Carlsbad CA 92009 TELEPHONE:(760) 799-7307 TELEPHONE:(760) 799-7307 EMAIL ADDRESS:eugeniamaneactyahoo.com EMAIL ADDRESS:eugeniamanea©yahoo.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE.I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLE E. SET FORTH HEREIN IS MY UTHORIZED REPRESENTATIVE FOR PURP SES OF THIS APPLI ION. 7 /1-e-e-t0.1(;//.e---2-----3/7SIGNATUDATESIGNATE,ATE APPLICANT'S REPRESENTATIVE (Print):Joanne Tyler /O'Day Consultants MAILING ADDRESS:2710 Loker Avenue West, Suite 100 CITY, STATE, ZIP:Carlsbad, CA 92010 TELEPHONE:(760) 931-7700 EMAIL ADDRESS:Joannet©odayconsultants.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KN LEDGE. S NATURE N DAT IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION.INVE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECO ED ON THE TITLE TO HIS P PERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH THE D AND BIND ANY SUCCESS S IN INTEREST.-7 e./1../(7C-4\1 A rPERTY OW SIGNATURE FOR CITY USE ONLY R EC EnirD FEB 2 7 2017 CITY Cr CARLSBAD PLANNINC.'DIV.LON DATE STAMP APPLICATION RECEIVED RECEIVED BY: -(2-- P-1 Page 2 of 6 Revised 09/16 Develument Services C*ity Of DISCLOSURE STATEMENT Planning Division Carlsbad P-1(A)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal.Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as 'Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.' Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1.APPLICANT (Not the applicant's agent) Provide the COMPLETE,LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names,titles,addresses of all individuals owning more than 10%of the shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned corporation,include the names,titles,and addresses of the corporate officers.(A separate page may be attached if necessary.) Person Sabin and Eugenia Manea Corp/Part Title Manea Sabin J & Eugenia Title Address 7298 Sitio Lima Carlsbad, CA 92009 Address 2.OWNER (Not the owner's agent) 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.) person Sabin and Eugenia Manea Corp/Part Title Manea Sabin J & Eugenia Title Address 7298 Sitio Lima Address Carlsbad, CA 92009 P-1(A)Page 1 of 2 Revised 07/10 ook,Auk• ‘4.1woo' 3.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4.Have you had more than $500 worth of business transacted with any member of City staff,Boards,Commissions,Committees and/or Council within the past twelve (12) months? ElYes 1E'No If yes, please indicate person(s): NOTE:Attach additional sheets if necessary. I certify that all the above info ation is true and correct to the best of my knowledge. Signature q6wner/d e -az-e 2r./Signature oalicant/te /2.r_p 77( EIJAP.ri (Li Aglieftwi Mc4 te Print or tlpe name of owner Print of type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A)Page 2 of 2 Revised 07/10 -_ PROJECT DESCRIPTION Development ServicesCity of Planning Division Carlsbad P -1(B)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME:Dr.Manea Property, Lot 52 APPLICANT NAME:Sabin and Eugenia Manea Please describe fully the proposed project by application type.Include any details necessary to adequately explain the scope and/or operation of the proposed project.You may also include any background information and supporting statements regarding the reasons for,or appropriateness of, the application.Use an addendum sheet if necessary. Description/Explanation:The rehabilitation and stabilization of the hillside located in the rear yard of Lot 52 of Map 15918, La Costa Town Square Residential. P-1(B)Page 1 of 1 Revised 07/10 o . v..C HAZARDOUS WASTE' lk,Deyelppnerr f Services t City of AND SUBSTANCES Planning Division Carlsbad STATEMENT 1635 Faraday Avenue (760) 602-4610 P-41(C)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): Ei 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. 0 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 Name:Sabin and Eugenia Manea Name:Sabin and Eugenia Manea Address:7298 Sitio Lima Address:7298 Sitio Lima Carlsbad, CA 92009 Carlsbad, CA 92009 Phone Number:(760) 799-7307 Phone Number.(760) 799-7307 Address of Site:7298 Sitio Lima Carlsbad, CA 92009 Local Agency (City and County):Carlsbad, County of San Diego Assessor's book, page, and parcel number:223-052-52-00 Specify list(s): Regulatory Identification Number Date of List: —C-41-60-/Vb Applicanilgnature// ate 1).12A 4 e?,,277 Pioperty Own ig•nature/e //7 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. Fki(C)Page 1 of 2 Revised 02113 1 ., C 0 C 4 -...........3i•S' . -1.Aisi %oh 40-1840384-32 -.. -- , ORANGE COAST TITLE COMPANY 3536 Concours Drive #120 ,,Ontario, CA 91764 909-987-5433 PRELIMINARY REPORT O'day Consultants, Inc. 2710 Loker Avenue West, Suite 100 Carlsbad, CA 92010 Attention:Joanne S.Tyler Your Reference No.:223-052-52 Property address:7298 Sitio Lima, Carlsbad, CA 92009 Dated:December 15, 2016 In response to the above referenced application for a policy of title insurance,Orange Coast Title Company hereby reports that it is prepared to issue, or cause to be issued,as ofthe date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit B attached.The policy to be issued may contain an arbitration clause.When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B.Copies of the policy forms should be read.They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B of this report carefully.The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance ofa policy of title insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance ofa policy of title insurance, a Binder or Commitment should be requested. Dated as of December 9, 2016 at 7:30 A.M. 7.114 -d----t— Manny Villalobos Title Officer Phone # 909-987-5433 Fax # 714-415-7947 mannyv@octitle.com The form of Policy of Title Insurance contemplated by this report is: Preliminary Report Order No.140-1840384-32 SCHEDULE "A" The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee Title to said estate or interest at the date hereof is vested in: Sabin J.Manea and Eugenia Manea, husband and wife asjoint tenants The land referred to in this report is situated in the County of San Diego, State of California, and is described as follows: Parcel 1: Lot 52 of Carlsbad Tract No. 08-03, La Costa Town Square, according to Map thereof No.15918,filed with the office of the County Recorder of San Diego County on May 24, 2013. Excepting therefrom, all minerals, mineral rights, oil, oil rights, natural gas, natural gas rights, petroleum, petroleum rights, other hydrocarbon substances, geothermal steam, all underground water, and all products derived from any ofthe foregoing, in or under or which may be produced from the property which underlies a plane parallel to and 500 feet below the present surface of the property, together with the perpetual right of drilling, mining, exploring and operating therefore 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, water or 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 wells or mines, without, however, the right to drill, mine, store, explore, and operate through the surface or the upper five hundred (500) feet of the subsurface of the property,as reserved by Daon Corporation in deed recorded June 23, 1983 as file no. 83-212476 of official records. Also excepting therefrom unto the grantor,all remaining oil, oil rights, minerals, mineral rights, 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 hereinabove described, together with the perpetual right of drilling, mining, exploring and operating therefore and storing in and removing the same from said property or any other property, including the right to whipstock or directionally drill and mine from properties other than those hereinabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the property hereinabove described, 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 drill, mine, store, explore, or operate through the surface or the upper 500 feet of the subsurface of the property hereinabove described,as reserved in deed from development solutions 2Lac, LLC,a Delaware Limited Liability Company, in deed recorded August 17,2015 as file no. 2015-0434637 of official records. Parcel 2: Nonexclusive easements for use, ingress, egress, access, maintenance, repair, drainage, encroachment, or other purposes, all as described and/or depicted in the "Declaration of Covenants,Conditions and Restrictions and Reservation of Easements for Arterro" recorded on March 13, 2014 as Instrument No. 2014-0099798 and the "Notice of Annexation for Phase 5 of Arterro" recorded on May 30, 2014 as Instrument No. 2014-0222226, both in the official records of San Diego County, California,as each may be amended and/or modified from time to time. APN: 223-052-52-00 Order No.140-1840384-32 SCHEDULE "B" At the date hereof exception to coverage in addition to the printed exceptions and exclusion contained in said policy form would be as follows: 1 General and Special taxes for the fiscal year 2017-2018, including any assessments collected with taxes.A lien not yet payable. First installment due and payable November 1,2017, delinquent if not paid by 12/10/17 Second installment due and payable February 1,2018, delinquent if not paid by 4/10/18 2 General and Special taxes for the fiscal year 2016-2017, including any assessments collected with taxes. Total amount $15,620.30 1st installment $7,810.15 delinquent Penalty $781.01 (after 12/10) 2nd installment $7,810.15 open (due 2/1) Penalty $791.01 (after 4-10) Code area 09186 Parcel No.223-052-52-00 Exemption $0.00 3 Mello Roos assessments, collected and included within the taxes shown above: Code Description Amount 6127-02 San Dieguito Union High CFD 94-2 $800.00 4 Assessment No.0000 District:Olivenhain Municipal Water District 96-1 Created for Levy &drainage maintenance Issued October 4,1996.Said assessment may be and usually is collected with county and city taxes. 5 The lien of supplemental taxes,if any, assessed pursuant to the provisions of section 75, et seq.Ofthe revenue and taxation code ofthe State ofCalifornia. Assessments,if any, for community facilities districts affecting said land, which may exist by virtue of assessment maps or notices filed by said districts. Any unpaid and/or delinquent bond or assessment amounts which may have been removed from the rolls of the county tax assessor and which may have been removed from the tax bills and tax default redemption amounts. 6 An instrument, upon the terms and conditions contained therein Entitled:Agreement for Construction within the City of Carlsbad, Rancho Santa Fe Road Realignment and Widening, Phase 1,Project No. 3190 Recorded:February 10, 2003 as Instrument No. 2003-0153044, Official Records 7 An instrument, upon the terms and conditions contained therein Entitled:Notice ofRestriction on Real Property Recorded:September 7, 2012 as Instrument No. 2012-0540231, Official Records 8 The condition that the property shall be used for the sole purpose of providing, construction and maintaining Affordable Housing,as more fully defined therein, and upon the terms, covenants and conditions in that certain document recorded October 1,2012 as Instrument No. 2012-0596049 of official records. Note:A written consent or waiver may be necessary from the public agency for any sale or refinance. 9 An instrument, upon the terms and conditions contained therein Entitled:Hold Harmless Agreement Geological Failure Recorded:October 1,2012 as Instrument No. 2012-0596054, Official Records Order No.140-1840384-32 10 An instrument, upon the terms and conditions contained therein Entitled:Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recorded:October 1,2012 as Instrument No. 2012-0596073, Official Records 11 An instrument, upon the terms and conditions contained therein Entitled:Petition,Waiver and Consent to Creation of a Community Facilities District and Agreement to Pay Fair Share Cost of La Costa Town Square -Residential (CT 08- 03) Recorded:January 16, 2013 as Instrument No. 2013-0033111, Official Records 12 An instrument, upon the terms and conditions contained therein Entitled:Street Tree Maintenance Agreement Recorded:May 30, 2013 as Instrument No. 2013-0338881, Official Records 13 An instrument, upon the terms and conditions contained therein Entitled:Encroachment Agreement Executed by and between:City of Carlsbad and Development Solutions 2Lac,LLC,a Delaware Limited Liability Company Recorded:July 19, 2013 as Instrument No. 2013-0451269, Official Records 14 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded:July 29, 2013 as Instrument No. 2013-0472731, Official Records For:public utilities and incidental purposes In favor of:San Diego Gas &Electric Company,a corporation Affects:Said land The location ofsaid easement cannot be determined from the public records. 15 An instrument, upon the terms and conditions contained therein Entitled:Notice ofRestriction on Real Property Recorded:August 22, 2013 as Instrument No. 2013-0525820, Official Records 16 Covenants, conditions, restrictions, charges, assessments and other matters in an instrument recorded March 13, 2014 as Instrument No. 2014-0099798, Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or Deed of Trust made in good faith and for value, but omitting any covenants or restrictions,if any, based upon race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under chapter 42, section 3604 ofthe United States code or (b) relates to handicap but does not discriminate against handicapped persons. "NOTE: section 12955 of the government code provide the following:if this document contains any restriction based on race,color, religion,sex,familial status,marital status,disability,national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12955 ofthe government code. Lawful restriction under state and federal law on the age of occupants in senior housing for older persons shall not be construed as restriction based on familial status." An instrument providing the land described herein is annexed and made subject to the declaration ofcovenants, conditions and restrictions above mentioned. Recorded:May 30, 2014,as Instrument No. 2014-0222226, Official Records 17 An instrument, upon the terms and conditions contained therein Entitled:Notice ofNon-Adversarial Procedure Under Civil Code Section 912(f) Recorded:April 17, 2014 as Instrument No. 2014-0151859, Official Records 18 Easements,Covenants and Conditions contained in the deed from Development Solutions 2Lac,LLC,a Delaware Limited Liability Company,as Grantor to Sabin J.Manea and Eugenia Manea, husband and wife as joint tenants as Grantee recorded August 17, 2015 as Instrument No. 2015-0434637 of official records. Reference being made to the document for full particulars. kola*.Order No.140-1840384-32 19 A Deed ofTrust to secure an indebtedness of Amount:$1,080,000.00 Trustor:Sabin J. Manea and Eugenia Manea, husband and wife Trustee:First American Title Beneficiary:Mortgage Electronic Registration Systems,Inc.(MERS)solely as nominee for Guaranteed Rate, Inc. Dated:August 13, 2015 Recorded:August 17, 2015 as Instrument No. 2015-0434638, Official Records. 20 An instrument, upon the terms and conditions contained therein Entitled:Easement Grant Deed Dated:May 19, 2014 Executed by and between:Development Solutions 2Lac,LLC,a Delaware Limited Liability Company and Arterro Maintenance Corporation Recorded:November 10, 2015 as Instrument No. 2015-0584346, Official Records 21 An instrument, upon the terms and conditions contained therein Entitled:Notice of Amended Reassessment Olivenhain Municipal Water District Reassessment District No.96-1 (OMWD Water Storage Project)Amending Reassessment No. 944, 945, 948 &949 Dated:April 5,2016 Executed by and between:Olivenhain Municipal Water District, County ofSan Diego Recorded:May 2, 2016 as Instrument No. 2016-0206946, Official Records 22 An instrument, upon the terms and conditions contained therein Entitled:Notice of Amended Reassessment Olivenhain Municipal Water District Reassessment District No.96-1 (OMWD Water Storage Project)Amending Reassessment No. 944/5/8/9-D Dated:April 5, 2016 Executed by and between:Olivenhain Municipal Water District, County of San Diego Recorded:May 2, 2016 as Instrument No. 2016-0206948, Official Records 23 The title search has disclosed possible liens and judgments that cannot be eliminated until we receive a completed Statement of Information from all parties.THIS TRANSACTION WILL NOT BE ABLE TO CLOSE UNTIL WE HAVE RESOLVED THESE MATTERS.YOUR PROMPT ATTENTION IS APPRECIATED. End of Schedule B Order No.140-1840384-32 "NOTES AND REQUIREMENTS SECTION" Note No.1 California Revenue and Taxation Code Section 18662, effective January 1,1994 and by amendment effective January 1,2003, provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3%of the total sales price as California State Income Tax, subject to the various provisions ofthe law as therein contained. NOTE NO.2 PAYOFF INFORMATION: Note:this company does require current beneficiary demands prior to closing. Ifthe demand is expired and a correct demand cannot be obtained, our requirements will be as follows: A.If this company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. The amount ofthis hold will be over and above the verbal hold the lender may have stipulated. B.If this company cannot obtain a verbal update on the demand,will either pay off the expired demand or wait for the amended demand, at the discretion ofthe escrow. C.In the event that a payoffis being made to a servicing agent for the beneficiary, this company will require a complete copy ofthe servicing agreement prior to close. Note No. 3 If this company is requested to disburse funds in connection with this transaction, chapter 598, statutes of 1989 mandates hold periods for checks deposited to escrow or sub-escrow accounts.The mandatory hold is one business day after the day deposited. Other checks require a hold period from three to seven business days after the day deposited. Notice Regarding Your Deposit of Funds California Insurance Code Sections 12413 et. Seq. Regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow and sub-escrow accounts and be available for withdrawal prior to disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds deposited with the Company via cashier's checks drawn on a California based bank may be disbursed the next business day after the day ofdeposit.If funds are deposited with by other methods, recording or disbursement may be delayed.All escrow and sub- escrow funds received by the Company will be deposited with other funds in one or more non-interest bearing escrow accounts of the Company in a financial institution selected by the Company. The Company and/or its parent company may receive certain direct or indirect benefits from the fmancial institution by reason ofthe deposit ofsuch funds or the maintenance of such accounts with the financial institution, and the Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay such party, any benefit received by the Company and/or its parent Company. Those benefits may include, without limitation, credits allowed by such fmancial institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation ofthe Company for its services in connection with the escrow or sub-escrow. Reference Title Order No.140-1840384-32 and Manny Villalobos,Title Officer /MF ..,,...._...__ ittotil Order No.140-1840384-32 s --,.... >....t .I iiiih.....4„.t , op. j . . Ft , ORANGE COAST TITLE COMPANY 3536 Concours Drive #120 Ontario, CA 91764 909-987-5433 Attention: Borrower: Lenders supplemental report The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan policy form as follows: A.This report is preparatory to this issuance ofan American Land Title Association loan policy of title insurance.This report discloses nothing, which would preclude the issuance of said American land title association loan policy of title insurance with endorsement no. 100 attached thereto. B.The improvements on said land are designated as: A single family dwelling 7298 Sitio Lima, in the City of Carlsbad, County ofSan Diego, State of California. C.Our search of the public records revealed conveyance(s) affecting said land recorded within 24 months of the date of this report are as follows: None. An) Order No.140-1840384-32 CLTA Preliminary Report Form -Exhibit B (06-03-11) CLTA STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1.(a) Any law, ordinance or .governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating(i)the occupancy, use, or enjoyment of the land;(ii)the character, dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownershipora change in the dimensions or area of the land or any parcel ofwhich the land is or was a part; or (iv) environmental protection, or the effect ofany violation ofthese laws, ordinances or governmental regulations, except to the extent that a notice ofthe enforcement 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 ofPolicy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPolicy. 2. Rights ofeminent domain unless notice ofthe exercise thereof has been recorded in the public records at Date ofPolicy, but not excluding from coverage any taking which has occurred prior to Date ofPolicy 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 ofPolicy, but created, suffered, assumed or agreed to bythe insured claimant; (b) not known to the Company, not recorded in the public records at Date ofPolicy, 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 ifthe insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability ofthe lien ofthe insured mortgage because ofthe inability or failure ofthe insured at Date ofPolicy, or the inability or failure ofany subsequent ownerofthe indebtedness, to comply with the applicable doing business laws ofthe state in which the land is situated. 5.Invalidity or unenforceability of the lien ofthe 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 ofthe transaction vesting in the insured the estate ofinterest insured by this policy or the transaction creating the interest ofthe insured lender, by reason ofthe operation of federal banlcruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2.Any facts,right,interests, or claims which are not shown by the public records but which could be ascertained by an inspection ofthe 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. 6.Any lien or right to a lien for services, labor or material not shown by the public records. CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02/03/10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power, and the existence or violationofthose portions ofany law or government regulation concerning:a.building,b. zoning, c. land use d. improvements on the Land,e.land division; and, f. environmental protection.This Exclusion does notlimit the coverage described in Covered Risk 8.a., 14, 15, 16, 18,19,20, 23 or 27. 2. The failure of Your existing structures, or any part ofthem, to be constructed in accordance with applicable building codes.This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it.This Exclusion does notlimitthe coverage described in Covered Risk 17. 4. Risks:a.that are created, allowed, or agreed to by You, whether or not they recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;c.that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e, 25, 26, 27, or 28. 5.Failure to pay value for Your Title. 6. Lackofa right: a. to any land outside the area specifically described and referred to in paragraph 3 ofScheduleA;and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7.The transfer ofthe Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance tor the following Covered Risks is limited on the Owner's Coverage Statementas follows: • For Covered Risk 16,18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on ScheduleA are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16:% of Policy Amount or $(whichever is less) Covered Risk 18:% of Policy Amount or $(whichever is less) Covered Risk 19:% of Policy Amount or $(whichever is less) Covered Risk 21:% of Policy Amount or $(whichever is less) 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 ofany law or .government regulation. This includes building and zoning ordinances and also laws and regulations concerning:* land use improvements on the land * land division * environmental protection.This exclusion does not apply to violations or the enforcementofthese matters which appear in the public records at Policy Date.This exclusion does notlimit the zoning coverage described in Items 12 and 13 ofCovered Title Risks. 2. The right to take the land by condemning it, unless: *a notice ofexercising the right appears in the public records *on the Policy Date *the taking happened prior to the Policy Date and-is binding on you ifyou bought the land without knowing ofthe taking 3.Title Risks: *that are created, allowed, or agreed to by you *that are known to you, but not to us, on the Policy Date --unless they appeared in the public records *that result in no loss to you *that first affect your title after the Policy Date-this does not limitthe labor and material lien coverage in Item 8 ofCovered Title Risks 4. Failure to pay value for your title. 5.Lack ofa right: *to any land outside the area specifically described and referred to in Item3 ofSchedule A OR *in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 ofCovered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis 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 those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment ofthe land;(ii)the character, dimensions or location ofany improvement erected on the Land;(iii)the subdivision ofland; or (iv) environmental protection; or the effect ofany violation of these laws, ordinances or governmental regulations.This Exclusion 1(a) does not modify orlimit the coverage provided under Covered Risk 5. 2.Rights ofeminent domain.This Exclusion does not modify or limitthe 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 ofPolicy, 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 ofPolicy (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 ifthe Insured Claimant had paid value for the Insured Mortgage. taw". 4440.1 Order No.140-1840384-32 4. Unenforceability ofthe lien ofthe Insured Mortgage because ofthe inability or failure ofan Insured to comply with applicable doing-business laws ofthe state in which the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien ofthe Insured Mortgage that arises outofthe 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 ofthe operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lienofthe 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)ofthis policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date ofPolicy and the date of recording ofthe Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b): EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1.(a) Taxes or assessments that are not shown as existing liens by the records ofany 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 ofsuch proceedings, whether or not shown by the records ofsuch agency or by the Public Records. 2.Any facts, rights, interests or claims which are not shown by the Public Records but that could be ascertained by an inspectionofthe Land or that may be asserted by persons in possession ofthe 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 ofthe Land and not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to:(i)the occupancy, use,or enjoyment ofthe Land;(ii)the character, dimensions, or location ofany improvement erected on the Land;(iii)the subdivision ofland; or (IV) environmental protection; or the effect ofany violation ofthese 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 ofeminent 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 ofPolicy, 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 DateofPolicy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained ifthe Insured Claimant had paid value for the Title. 4.Any claim, by reason ofthe 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 ofthis policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date ofPolicy and the date of recording ofthe deed or other instrumentoftransfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1.(a) Taxes or assessments that are not shown as existing liens by the records ofany 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 ofsuch proceedings, whether or not shown by the records ofsuch 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 ofthe Land or that may be asserted by persons in possession ofthe 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 ofthe Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverageofthis policy and the Companywill 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 but not limited to building and zoning) restricting, regulating, prohibiting or relating to (i)the occupancy, use,or enjoyment ofthe Land;(ii)the character, dimensions or location ofany improvement erected on the Land;(iii)the subdivision ofthe land; or (iv) environmental protection, or the effectofany violation ofthese laws, ordinances or governmental regulations This Exclusion 1(a) does not modify or limitthe coverage provided under Covered Risks 5, 6, 13(c), 13(d), 14, and 16.(b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risks 5, 6, 13(c), 13(b),14, and 16. 2. Rights ofeminent domain.This Exclusion does not modify or limitthe 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 ofPolicy, 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 DateofPolicy (however, this does not modify or limit the coverage provided under Covered Risks 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 26); or (e)resulting in loss or damage which would not have been sustained ifthe Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability ofthe lien ofthe Insured Mortgage because ofthe inability or failure ofthe Insured to comply with applicable doing-business laws ofthe state in which the Land is situated. 5.Invalidity or unenforceability in whole or in part ofthe lien ofthe Insured Mortgage that arises outofthe 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 limitthe coverage provided in Covered Risk 26. 6.Any claim of invalidity, unenforceability or lack of priority of the lien ofthe Insured Mortgage asto Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner ofthe estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date ofPolicy in accordance with applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.. 8.The failure ofthe residential structure, or any portion ofit, to have been constructed before, on or after Date ofPolicy in accordance with applicable building codes.This Exclusion does not modify or limitthe coverage provided in Covered Risk 5 or6. 9.Any claim, by reason ofthe operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien ofthe Insured Mortgage,is (a)a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b)ofthis policy. _. • Order No.I40-1840384-32 ORANGE COAST TITLE BUILDER SERVICES PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information —particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information that you provide to us.Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use ofthe information which you provide to us.It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types ofnonpublic 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 we receive from providers of services to us, such as appraisers, appraisal management companies, real estate agents and brokers and insurance agencies (this may include the appraised value, purchase price and other details about the property that is the subject ofyour transaction with us). •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 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 theperiod after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any ofyour 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. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal mformation. Opting Out We may also share the information we collect about you within our family ofcompanies (our "Affiliated Companies").We may also provide this information to companies that perform marketing or other services on our behalf, or on behalf of our Affiliated Companies ("Service Providers").However, we will not share this information with our Affiliated Companies or our Service Providers ifyou choose to opt out, in writing.To opt out, please use the form entitled "Request Not to Share Nonpublic PersonalInformation", which is attached hereto.This form provides instructions on how to request us not to share information with third parties. Please be aware that Orange Coast Title Builder Services and its Affiliated Companies maintain high standards to safeguard nonpublic, personal information, and do not rent or sell such information.Please note,however,that unless you opt out in writing, our Affiliated Companies and Service Providers will have access to the information in our files. Other Important Information We reserve the right to modify or supplement this Privacy Policy at any time.If our Privacy Policy changes, we will provide the new Privacy Policy and the ability to opt out (as required by law) before the new policy becomes effective. Ame,t. *Noe *iire Order No.140-1840384-32 REQUEST NOT TO SHARE NONPUBLIC PERSONAL INFORMATION Please read the following information carefully. Orange Coast Title Builder Services may share nonpublic,personal information we collect about you within our family of companies (our "Affiliated Companies").We may also provide this information to companies that perform marketing or other services on our behalf, or on behalf ofour Affiliated Companies ("Service Providers").By sharing this information, we can better understand your service needs.We can then send you notification of new products and services offered by Orange Coast Title Builder Services, its Affiliated Companies or its Service Providers that you may not otherwise know about. However, you may prohibit the sharing of non-public personal information within our Affiliated Companies, or with any third parties at any time.If you would like to limit disclosures of non-public, personal information about you as described herein, please check the appropriate box or boxes to indicate your privacy choices, and return this form to us at the address below. Please do not share personal information about me with non-affiliated third parties. Please do not share personal information about me with any ofyour Affiliated Companies except as necessary to effect, administer, process, service or enforce a transaction requested or authorized by me. Please do not contact me with offers ofproducts or services by mail. Please do not contact me with offers ofproducts or services by e-mail. Please do not contact me with offers ofproducts or services by telephone. Name Company Name Address Address City, State, Zip City,State,Zip Phone Number Phone Number E-mail address E-mail address ORANGE COAST TITLE BUILDER SERVICES 3536 Concours Drive #120 Ontario, CA 91764 • Order No.140-1840384-32 Attention Please note that this preliminary report now has an extra copy of the legal description on a separate sheet of paper.There are no markings on the page.The idea is to provide you with a legal description that can be attached to other documents as needed. Thank you for your support of Orange Coast Title Builder Services.We hope that this makes your job a little easier. • _ Now Order No.140-1840384-32 Exhibit "A" Parcel 1: Lot 52 of Carlsbad Tract No. 08-03, La Costa Town Square, according to Map thereof No.15918,filed with the office of the County Recorder of San Diego County on May 24, 2013. Excepting therefrom, all minerals, mineral rights, oil, oil rights, natural gas,natural gas rights, petroleum, petroleum rights, other hydrocarbon substances, geothermal steam, all underground water, and all products derived from any of the foregoing, in or under or which may be produced from the property which underlies a plane parallel to and 500 feet below the present surface of the property, together with the perpetual right of drilling, mining, exploring and operating therefore 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, water or 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 wells or mines, without, however, the right to drill, mine, store, explore, and operate through the surface or the upper five hundred (500) feet of the subsurface of the property,as reserved by Daon Corporation in deed recorded June 23, 1983 as file no.83-212476 of official records. Also excepting therefrom unto the grantor, all remaining oil, oil rights, minerals, mineral rights, 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 hereinabove described, together with the perpetual right of drilling, mining, exploring and operating therefore and storing in and removing the same from said property or any other property, including the right to whipstock or directionally drill and mine from properties other than those hereinabove described,oil or gas wells, tunnels and shafts into, through or across the subsurface of the property hereinabove described, 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 drill, mine, store, explore, or operate through the surface or the upper 500 feet of the subsurface of the property hereinabove described,as reserved in deed from development solutions 2Lac, LLC, a Delaware Limited Liability Company, in deed recorded August 17, 2015 as file no. 2015-0434637 of official records. Parcel 2: Nonexclusive easements for use, ingress, egress, access, maintenance, repair, drainage, encroachment, or other purposes, all as described and/or depicted in the "Declaration of Covenants,Conditions and Restrictions and Reservation of Easements for Arterro" recorded on March 13,2014 as Instrument No. 2014-0099798 and the "Notice of Annexation for Phase 5 of Arterro" recorded on May 30, 2014 as Instrument No. 2014-0222226, both in the official records of San Diego County, California,as each may be amended and/or modified from time to time. 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