HomeMy WebLinkAboutMCUP 12-02; Pacific Ridge Bleachers; Conditional Use Permit (CUP)o
OWNER NAME (Print): Pacific Ridge School
MAILING ADDRESS: 6269 El Fuerte Street
CITY, STATE, ZIP: Carlsbad, CA 92009
TELEPHONE:
EMAIL ADDRESS:
(760) 448-9830
PHitch(@PacificRidge.org
APPLICANT NAME (Print): Hofman Planning & Engineering
MAILING ADDRESS: 3152 Lionshead Avenue
CITY, STATE, ZIP:
TELEPHONE:
Carlsbad, CA 92010
(760) 692-4014
EMAIL ADDRESS: lwelnheimer@hofmanplanning.com
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT/. TO THE BEST OF MY
1 DATE '
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
SIGNATURE SIGNATURE DATE
APPLICANT'S REPRESENTATIVE (Print): HOFMAN PLANNING & ENGINEERING
MAILING ADDRESS: 3152 LIONSHEAD AVENUE
CITY, STATE, ZIP: CARLSBAD, CA 92010
TELEPHONE:
EMAIL ADDRESS:
(760) 692-4014
lweinheimer@hofmanplanning.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE.
fiGNATURE DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
TH^^fi^Q A^ BIND ANY SUCC^S^OFIS IN INTEREST.
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
RECEIVED
DEC 2 0 2011
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
p-1 Page 2 of 5 Revised 07/10
^ CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engmeering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
INSTRUCTIONS:
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.carlsbadca.qov/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 ofthe 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 ofthe 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. Housina subdivisions of 10 or more dwellina units. Examples: single familv homes, multi-familv homes,
condominium and apartments y
2. Commercial - areater than 1-acre. Anv development other than heaw industry or residential. Examples: hospitals;
laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial
nurseries; 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.
y
3. Heaw Industrial 1 Industrv- areater than 1 acre. Examples: manufacturinq plants, food processinq plants, metal
working facilities, printing plants, and fleet storage areas (bus, truck, etc.). /
4. Automotive repair shoo. A facilitv cateqorized in anv one of Standard Industrial Classification (SIC) codes 5013,
5014, 5541, 7532-7534, and 7536-7539 /
5. Restaurants. Anv facilitv 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
CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
6. Hillside develooment Anv 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. Environmentallv Sensitive Area (ESA)\ All develooment located within or directly adiacent^ to or discharginq
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 on a proposed project site or increases
the area of Imperviousness of a proposed project site 10% or more of its naturally occurring condition.
/
8. Parkina lot Area of 5,000 sauare feet or more, or with 15 or more parking spaces, and potentially exposed to urban
runoff /
9. Sfreets. roads, hiahwavs, and freewavs. Any paved surface that is 5,000 square feet or qreater used for the
transportation of automobiles, trucks, motorcycles, and other vehicles
10. Retail Gasoline Outlets. Serving more than 100 vehicles per day and qreater than 5,000 square feet /
11. Coastal Development Zone. Anv oroiect 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 of disturbance. Proiect results in the disturbance of 1-acre or more of land and is considered a
Pollutant-generating Development Project"*.
1 Environmentally Sensitive Areas include but are not limited to ail Clean Water Act Section 303(d) impaired water bodies; 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 Board (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 "Directly adjacent" means situated within 200 feet ofthe 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 Projects are those projects that generate pollutants at levels greater than background levels. In general, these include all projects
that contribute to an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or 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 stomi 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
CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
SECnOH2 . SIGNIFICANT REOEVELOPMENT -
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 Development
Project *? y
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) y
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 STORMWATER
REQUIREMENTS. 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 surface
parking lots 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 soil
during 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 or
more of impervious surface or (2) increases impervious surface on the property by more than 10%? Replacement of
existing impervious surfaces includes any activity that is not part of routine maintenance where impervious material(s) are
removed, exposing underlying soil during construction.
INSTRUCTIONS: If you answered YES, 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. 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 STORMWATER
REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below.
*for definition see Footnote 4 on page 2
SECTION 3
•
3/
My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria
per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand
flow control (hydromodificafion) 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 part of these requirements, I will incorporate low impact development strategies throughout my project.
Applicant Infonnation and Signature Box This Box for City Use Oniy
Address: Assessor's Parcel Number(s):
Applicant Name: Applicant Title:
Applicant Signature: ' Date:
il|l|l\
City Concurrence: YES NO
By:
Date:
Project ID:
E-34 Page 3 of 3 REV 1/14/11
PROJECT Development Services
DESCRIPTION Planning Division
CITY OF p »1/D\ 1635 Faraday Avenue
PARI ^RAD ^-'y°f (760)6024610
V^/^i\L«Ji//\l—/ www.carlsbadca.gov
PROJECT NAME: Pacific Ridge School Minor Conditional Use Permit Amendment
APPLICANT NAME; Pacific Ridge School
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:
Minor Conditional Use Permit Amendment to reflect the revised boundary of the school to include the 60ft. brush
management zone along the western slope and to allow for bleachers on the western side ofthe field.
P-1(B) Pagelofi Revised 07/10
/A HAZARDOUS WASTE Development Services
AND SUBSTANCES
CITY OF STATEMENT 1535 Faraday Avenue
Planning Division
CARLSBAD p.^o (760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
[xl The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 ofthe State Government Code.
I I The development project and any altematives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PROPERTY OWNER
Name: Pacific Ridge School Name: Pacific Ridge School
Address: 6269 El Fuerte Street Address: 6269 El Fuerte Street
Carlsbad, CA 92009 Carlsbad, CA 92009
Phone Number: (760)448-9830 phone Number: (760)448-9830
Address of Site- ^269 El Fuerte Street Carlsbad, CA 92009
Local Agency (City and Countv): city of Carlsbad; County of San Diego
Assessor's book, page, and parcel number: 213-122-014
Specify list(s): ^'^
Regulatory Identification Number:
Date of List: N/A
Property Owner Signature/Date''
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page lof 2 Revised 07/10
TIME LIMITS ON Development Services
%^ DISCRETIONARY planning Division
CITY OF PROJECTS 1635 Faraday Avenue
CARLSBAD P.^E) (760) 602-4610
www.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 applicBtijOn submittal requirements (i.e., clarification
regarding a specific requirement or whether al^quirements are necessary for your particular
application) piease call (760)ji02-4610.
Applicant Signature: /^^^^ ^
Staff Signature:
Date:
To be stapled with receipt to the application
P-1(E) Pagelofi Revised 07/10
c o
^ DISCLOSURE Development Services
<^#F STATEMENT planning Division
^ CITY OF p *|/A\ 1635 Faraday Avenue
CARI ^RAn (760)602 4610 JLJ/VL-i' www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part ofthe 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. Ifthe 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 publiclv-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Corp/Part Pacific Ridge School
Title Title
Address Address 6269 El Fuerte Street
Carlsbad, CA 92009
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% ofthe shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person Corp/Part ^^^'^'^ '^'^a^
Title Title
Address Address 6269 El Fuerte Street
Carlsbad, CA 92009
P-1 (A) Pagel of 2 Revised 07/10
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?
I I Yes 0 No Ifyes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
1 certify that all the above information is true and correct to the best of my knowledge.
Signature of owner/date
Print or type name of owner
Signature of applicant/date ~^
Print or type name of applicant
rLef/applicant' Signature of ow s agent if applicable/date
HOFMAN PLANNING & ENGINEERING
Print or type name of owner/applicant's agent
p-1 (A) Page 2 of 2 Revised 07/10
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1204601-2 02/15/2012 98
Wed, Feb 15, 2012 03:03 PM
Receipt Ref Nbr: Rl204601-2/0023
PERMITS - PERMITS
Tran Ref Nbr: 120460102 0023 0023
Trans/Rcpt#: R0088417
SET #: PUD12002
Amount: 1 i $61.20
Item Subtotal: $61.20
Item Total: $61.20
1 ITEM(S) TOTAL: $61.20
Credit Card (Auth# 09448Z) $61.20
Total Received: $61.20
Have a nice day!
**************CUSTOMER COPY*************
Q
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
IIIUIIIIIIIIII
Applicant: HOFMAN PLANNING
Description
PUD12002
6269 EL FUERTE ST CBAD
Amount
61.20
Receipt Number: R0088417
Transaction Date: 02/15/2012
Transaction ID: R0088417
Pay Type Method Description Araount
Payraent Check 61.20
Transaction Amount: 61.20
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1204601-2 02/15/2012 98
Wed, Feb 15, 2012 03:01 PM
Receipt Ref Nbr: Rl204601-2/0022
PERMITS - PERMITS
Tran Ref Nbr: 120460102 0022 0022
Trans/Rcpt#: R0088416
SET #: PUD12002
Amount: 1 i $2,829.00
Item Subtotal: $2,829.00
Item Total: $2,829.00
1 ITEM(S) TOTAL: $2,829.00
Check (Chk# 001411) $2,829.00
Total Received: $2,829.00
Have a nice day!
**************CUSTOMER COPY*************
o
City of Carlsbad
1635 Faraday Avenue Carlsbad CA
llllinilllllll
92008
Applicant: HOFMAN PLANNING
Description
PUD12002
6269 EL FUERTE ST CBAD
Amount
2,829.00
Receipt Number: R0088416
Transaction Date: 02/15/2012
Transaction ID: R0088416
Pay Type Method
Payment Check
Description Amount
2,829.00
Transaction Amount: 2,829.00
Chicago Title Coinpany
Commercial/Industrial Division,
2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400
Title Department;
Chicago Title Company
Attn: ZonaWeekley
Email: Zona.Weeklev(a),ctt.com
Phone: (619) 521-3492
Fax: (619)521-3691
Order No.: 930084047-U21
Customer:
Hofman Planning & Engineering
3152 Lionshead Avenue
Carlsbad, Ca 92010
Attn: Leslie Weinheimer
(760) 692-4014
PRELIMINARY REPORT
Property Address: 6269 El Fuerte, Carlsbad, CA
Dated as of: October 4, 2011 at 7:30 am
In response to the application for a policy of title insurance referenced herein, Chicago Title Company
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies
of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring
against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred
to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions
and Stipulations or Conditions of said Policy forms.
The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy
or Policies are set forth in Attachment One. 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 Attachment One. Copies of the policy forms should be read. They are
available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in
Attachment One 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.
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
CLTA Preliminary Report Form - Modified (11-17-06)
ge 1
Order No.: 930084047-U21
SCHEDULE A
The estate or interest in the land hereinafter described or referred to covered by this report is:
A fee
2. Title to said estate or interest at the date hereof is vested in:
Pacific Ridge School, a Califomia non-profit public benefit corporation, successor by merger to
PRS Acquisition and Construction, LLC, a Califomia limited liability company
3. The land referred to in this report is situated in the State of Califomia, County of San Diego and is
described in the Legal Description, attached hereto:
END OF SCHEDULE A
CLTA Preliminary Report Fonn - Modified (11-17-06)
Page 2
Order No.: 930084047-U21
LEGAL DESCRIPTION
PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED JUNE 3, 2011 AS FILE NO. 2011-
0284871, OFFICIAL RECORDS, BEING ALL OF PARCELS 2, 3 AND 4 OF PARCEL MAP 19958 AS
FILED IN OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON MARCH 27, 2006 AS FILE
NO. 2006-0209765 AS DESCRIBED IN CERTIFICATE OF COMPLIANCE NO. CE 09-08 DATED
AUGUST 14, 2009 AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY ON AUGUST 24, 2009 AS FILE NO. 2009-0473458.
TOGETHER WITH:
A STRIP OF LAND 60.00 FEET IN WIDTH LYING WITHIN LOT 16 OF MAP 14600. IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, SATE OF CALIFORNIA, AS FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 29, 2003 AS FILE NO. 2003-
0631052 BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST BOUNDARY CORNER OF PARCEL 2 OF PARCEL MAP
19958 AS FILED IN OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON MARCH 27, 2006
AS FILE NO. 2006-0209765: THENCE NORTH 88° 00' 45" WEST 60.00 FEET TO A LINE THAT IS
60.00 FEET EAST MEASURED AT RIGHT ANGLES FROM THE EASTERLY BOUNDARY LINE
OF SAID PARCEL MAP 19958; THENCE CONTINUING ON SAID LINE SOUTH 01° 59' 15" WEST
98.05 FEET; THENCE SOUTH 11° 25' 51" WEST 326.81 FEET; THENCE SOUTH 00° 34' 33" EAST
494.71 FEET; THENCE SOUTH 16° 42' 42" WEST 153.16 FEET; THENCE SOUTH 25° 13' 38"
WEST 110.41 FEET; THENCE SOUTH 32° 20' 13" WEST 73.28 FEET; THENCE SOUTH 53° 39' 57"
EAST 60.15 FEET TO THE SOUTHEAST BOUNDARY CORNER OF PARCEL 4 OF SAID PARCEL
MAP 19958; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID
PARCEL MAP 19958, NORTH 32° 20' 13" EAST 81.20 FEET; THENCE NORTH 25° 13' 38" EAST
118.61 FEET; THENCE NORTH 16° 42' 42" EAST 166.75 FEET; THENCE NORTH 00° 34' 33"
WEST 497.53 FEET; THENCE NORTH 11° 25' 51" EAST 325.46 FEET; THENCE NORTH 01° 59'
15" EAST 103.00 FEET TO THE NORTHEAST BOUNDARY COMER OF PARCEL 2 OF SAID
PARCEL MAP 19958 AND THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL
GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FORM ANY OF THE FOREGOING,
THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT
OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE AND STORING IN AND
REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND,
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 OR ENTER UPON THE SURFACE OF THE UPPER 500 FEET OF THE
SUBSURFACE OF THE LAND. AS RESERVED IN THE DEED RECORDED MAY 13, 2005 AS
INSTRUMENT NO. 2005-0408035 OF OFFICIAL RECORDS.
APN 213-122-14, A PORTION OF 213-122-06
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Fonn - Modified (11-17-06)
Page 3
o o
Order No.: 930084047-U21 SCHEDULE B
At the date hereof, items to be considered and exceptions to coverage in addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
1. Property taxes, including any assessments collected with taxes, for the fiscal year 2011 - 2012
1" Installment: $666.67
Penalty: $66.66 (Due after December 10)
2"^ Installment: $666.67
Penalty and Cost: $76.66 (Due after April 10)
Homeowners Exemption: $none
Code Area: 09165
Assessors Parcel Number: 213 -122-06
Property taxes, including any assessments collected with taxes, for the fiscal year 2011 - 2012
1" Installment: $35,845.42
Penalty: $3,584.54 (Due after December 10)
2"''Installment: $35,845.42
Penalty and Cost: $3,594.54 (Due after April 10)
Homeowners Exemption: $none
Code Area: 09165
Assessors Parcel Number: 213-122-14
2. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the
provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing
with Section 75) of the Revenue and Taxation Code of the State of Califomia as a result of the
transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new
construction occurring prior to date of policy; none due and payable as of the Date ofPolicy.
3. An assessment by the improvement district shown below
Series: AD2002-01
District: Carlsbad
For: Poinsettia #2-01
Bond Issued: March 28, 2005
Said assessment is collected with County/City property taxes.
4. A pending assessment for the District shown below. When notice of the assessment is recorded
with the County Recorder the assessment shall become a lien on said land.
CLTA Preliminary Report Fonn - Modified (I l-I7-06)
Page 4
SCHEDULE B
(continued)
Order No.: 930084047-U21
District:
Disclosed By:
Recorded:
Community Facilities District No. 3 of the Carlsbad Unified School
District
Notice of Special Tax Lien
April 26, 1994 as Instrument No. 1994-0277976. of Official Records
An Amendment to Notice of Special Tax Lien Annexation No. 7, recorded December 4, 2001 as
Instrument No. 2001-0886438. of Official Records and February 1, 2002 as Instrument No. 2002-
0089594. of Official Records.
A pending assessment for the District shown below. When notice of the assessment is recorded
with the County Recorder the assessment shall become a lien on said land.
District:
Disclosed By:
Recorded:
Assessment District No. 2002-01 (Poinsettia Lane East)
Notice of Special Tax Lien
May 5, 2004 as Instrument No. 2004-0404548. of Official Records
A covenant and agreement upon and subject to the terms and conditions therein
Executed By:
In Favor Of:
Recorded:
Lennar Bressi Ranch Venture, LLC, a California limited liability
company
CityofCarlsbad
December 11. 1998 as Instrument No. 1998-0806517 of Qfficial
Records
Reference is hereby made to said document for full particulars.
Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or
restriction is controlled or permitted by any applicable federal or state law, any covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, medical condition, national origin, source of income, or ancestry" as set forth in
the document
Recorded: Februarv 1999 as Instrument No. 1999-0085754 of Official
Records
Note: Section 12956.1 of the government code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income as defined in subdivision (p) of Section 12955, or
ancestry, that restriction violates state and federal fair housing laws and is void, and may be
removed pursuant to section 12956.2 of the Govemment Code. 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."
CLTA Preliminary Report Form - Modified (11-17-06)
Page 5
Order No.: 930084047-U21
SCHEDULE B
(continued)
Note: If you should request a copy of the document referred to above, Califomia Law requires that
a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent,
or association that provides a copy of a declaration, goveming document, or deed to any person
shall place a cover Page over, or stamp on the first Page of the previously recorded document or
documents a statement, in at least 14-point boldface type, relating to unlawful restrictions.
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien
of any mortgage or Deed of Trust made in good faith and for value.
8. The terms and provisions contained in the document entitled "Agreement and Covenants Running
with the Land" recorded Februarv 18. 1999 as Instrument No. 1999-0098738 of Official Records.
9. The terms and provisions contained in the document entitled "Notice and Waiver Conceming
Aircraft Environmental Impacts Case No. CtOO-06" recorded March 11, 2003 as Instrument No.
2003-0270125 of Official Records.
10. The fact that the ownership of said land does not include rights of access to or from the street,
highway, or freeway abutting said land, such rights having been relinquished by map no. 14600.
Affects: Said land adjacent to El Fuerte Street, except for access openings as
shown on said map
Note: portions of said rights were vacated by Resolution No. 2007-163, subject to all the terms,
provisions and conditions therein contained, recorded Julv 16, 2007 as Instrument No. 2007-
0474449 of Official Records
Reference is hereby made to said document for full particulars.
11. The Recitals on map no. 14600 regarding open space, sewer and water service, CC&R's, restricted
sight distance corridors, cross lot drainage, right of entry, improvements, storm water pollution and
geotechnical caution.
12. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage"
recorded June 26. 2003 as Instrument No. 2003-0760170 of Official Records.
13. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded June 26. 2003 as Instrument No. 2003-0760171 of Official Records.
14. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded April 1, 2003 as Instrument No. 2003-0362106 of Official Records.
15. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: San Diego Gas and Electric Company
Purpose: public utilities, ingress, egress
Recorded: November 7. 2003 as Instrument No. 2003-1351662 of Qfficial
Records
CLTA Preliminary Report Fomi - Modified (11-17-06)
Page 6
OrderNc: 930084047-U2I
SCHEDULE B
(continued)
Affects: The route thereof affects a portion of said land and is more fully
described in said document.
16. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded December 21. 2004 as Instrument No. 2004-1201218 of Official Records.
17. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or
restriction is controlled or permitted by any applicable federal or state law, any covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, medical condition, national origin, source of income, or ancestry" as set forth in
the document
Recorded: Januarv 14. 2005 as Instrument No. 2005-0037207 of Official
Records
Note: Section 12956.1 of the govemment code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income as defined in subdivision (p) of Section 12955, or
ancestry, that restriction violates state and federal fair housing laws and is void, and may be
removed pursuant to section 12956.2 of the Govemment Code. 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."
Note: If you should request a copy of the document referred to above, Califomia Law requires that
a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent,
or association that provides a copy of a declaration, goveming document, or deed to any person
shall place a cover Page over, or stamp on the first Page of the previously recorded document or
documents a statement, in at least 14-point boldface type, relating to unlawful restrictions.
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien
of any mortgage or Deed of Trust made in good faith and for value.
Among other things, said document provides:
Easements and Assessments
18. The terms and provisions contained in the document entitled "Agreement Regarding Annexation of
Certain Real Property of Certain Real Property to Street Lighting and Landscape District No. 2 of
the City of Carlsbad and Approval of the Levy of Assessments on Such Real Property" recorded
March 16, 2005 as Instrument No. 2005-0216790 of Official Records.
19. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or
restriction is controlled or permitted by any applicable federal or state law, any covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, medical condition, national origin, source of income, or ancestry" as set forth in
the document
Recorded: Mav 13. 2005 as Instrument No. 2005-0408034 of Qfficial Records
CLTA Preliminary Report Fonn - Modified (11-17-06)
Page 7
OrderNc: 930084047-U21
SCHEDULE B
(continued)
Note: Section 12956.1 of the govemment code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income as defined in subdivision (p) of Section 12955, or
ancestry, that restriction violates state and federal fair housing laws and is void, and may be
removed pursuant to section 12956.2 of the Govemment Code. 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."
Note: If you should request a copy of the document referred to above, Califomia Law requires that
a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent,
or association that provides a copy of a declaration, goveming document, or deed to any person
shall place a cover Page over, or stamp on the first Page of the previously recorded document or
documents a statement, in at least 14-point boldface type, relating to unlawful restrictions.
Modification(s) of said covenants, conditions and restrictions
Recorded: April 26. 2006 as Instrument No. 2006-0289702 of Official Records
Modification(s) of said covenants, conditions and restrictions
Recorded: Januarv 31. 2007 as Instrument No. 2007-0066602 of Qfficial
Records
20. Terms, conditions, provisions, and easements contained in a grant deed executed by Bressi
Gardenlane, LLC, a Delaware limited liability company as Grantor and the Episcopal Diocese of
San Diego, a Califomia non-profit religious corporation as grantee, recorded May 13, 2005. as
Instrument No. 2005-0408035 of Qfficial Records.
21. A document entitled "Memorandum of Option Agreement and Escrow Instructions", executed by
The Episcopal Diocese of San Diego, a Califomia nonprofit religious corporation and Bressi
Gardenlane, LLC, a Delaware limited liability company, subject to all the terms, provisions and
conditions therein contained, recorded May 13, 2005 as Instrument No. 2005-0408038. of Official
Records.
Partial Release of Memorandum of Option Agreement and Escrow Instructions, recorded April 26,
2006 as Instmment No. 2006-0289703. of Official Records.
A document entitled "Consent to Sale Amendment to Declaration of Development Covenants,
Conditions, and Restrictions and First Amendment to Option Agreement and Escrow Instructions",
dated, January 31, 2007, executed by Bressi Gardenlane, LLC, a Delaware limited liability
company. Episcopal Diocese of San Diego, a Califomia nonprofit religious corporation and PRS
Acquisition and Construction, LLC, a Califomia limited liability company , subject to all the terms,
provisions and conditions therein contained, recorded January 31, 2007 as Instrument No. 2007-
0066602. of Official Records.
22. The terms and provisions contained in the document entitled "Holding Agreement" recorded May
13. 2005 as Instrument No. 2005-0408039 of Qfficial Records.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 8
Order No.: 930084047-U21
SCHEDULE B
(continued)
23. An easement for the purpose shown below and rights incidental thereto as shown or as offered for
dedication on the recorded Map shown below.
Map No.: 19958
Easement
Purpose: general utility and access
Affects: as shown on said map
The effect of Resolution No. 2007-162 - A Resolution of the City Council of the City of Carlsbad,
Califomia, Summarily Vacafing a General Utility Easement Across Parcels 2, 3 and 4 of MS 04-
19A, Map 19958 (PR 07-01, CUP 06-11) recorded Julv 16, 2007 as Instrument No. 2007-0474448
of Qfficial Records.
24. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: Bressi Ranch Community Association
Purpose: Access, ingress and egress across the Conservation Land for the
inspection and maintenance of the Fire Suppression Zones
Recorded: Julv 26. 2006 as File No. 2006-0529451, Qfficial Records
Affects: The route thereof affects a portion of said land and is more fully
described in said document.
25. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: Bressi Gardenlane, LLC, a Delaware limited liability company
Purpose: ingress, egress, access and utilities
Recorded: April 26, 2006 as Instrument No. 2006-0289700. of Qfficial Records
Affects: The route thereof affects a portion of said land and is more fully
described in said document.
26. A pending assessment for the District shown below. When notice of the assessment is recorded
with the County Recorder the assessment shall become a lien on said land.
District: Assessment District No. 2002-01
Disclosed By: Assessment District Diagram
Recorded: Januarv 23. 2007 as Instrument No. 2007-0047904 of Qfficial
Records
27. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: City of Carlsbad, a municipal corporation
Purpose: public street and public utility purposes
Recorded: Mav 14. 2007 as Instrument No. 2007-0327619 of Qfficial Records
Affects: The route thereof affects a portion of said land and is more fully
described in said document.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 9
3
Order No.: 930084047-U21
SCHEDULE B
(continued)
28. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Purpose: private reciprocal access and the construction and maintenance of
surface improvements and post-construction treatment control Best
Management Practices
Recorded: June 7. 2007 as Instrument No. 2007-0384118 of Qfficial Records
Affects: That portion of said land as described in the document attached
hereto.
29. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Purpose: private reciprocal access
Recorded: June 7. 2007 as Instrument No. 2007-0384119 of Qfficial Records
Affects: That portion of said land as described in the document attached
hereto.
30. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: City of Carlsbad
Purpose: public street and public utility purposes
Recorded: June 14. 2007 as Instrument No. 2007-0403830 of Qfficial Records
Affects: The route thereof affects a portion of said land and is more fully
described in said document.
31. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: City of Carlsbad
Purpose: public access rights relinquished purposes
Recorded: June 14. 2007 as Instrument No. 2007-0403831 of Official Records
Affects: The route thereof affects a portion of said land and is more fully
described in said document.
32. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Hold Harmless Agreement Drainage
Recorded: Julv 2. 2007 as Instrument No. 2007-0442112. of Official Records
Reference is hereby made to said document for full particulars.
CLTA Preliminary Report Fonri - Modified (11-17-06)
Page 10
o
Order No.: 930084047-U21
SCHEDULE B
(continued)
33. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Permanent Stormwater Quality Best Management Practice
Maintenance Agreement
Recorded: Julv 2. 2007 as Instrument No. 2007-0442113, of Qfficial Records
Reference is hereby made to said document for full particulars.
34. An irrevocable offer to Dedicate a portion of said land for the purposes stated herein.
In Favor Qf: City of Carlsbad, a municipal corporation
For: Public pedestrian access purposes
Recorded: Julv 17, 2007 as Instrument No. 2007-0478356 of Qfficial Records
Affects: The route thereof affects a portion of said land and is more fully
described in said document.
35. An irrevocable offer to Dedicate a portion of said land for the purposes stated herein.
In Favor Qf: City of Carlsbad, a municipal corporation
For: Public pedestrian access purposes
Recorded: Julv 17, 2007 as Instrument No. 2007-0478357 of Qfficial Records
Affects: The route thereof affects a portion of said land and is more fully
described in said document.
36. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Deed Restrictions
Recorded: Julv 17, 2007 as Instrument No. 2007-0479008 of Qfficial Records.
Reference is hereby made to said document for full particulars.
37. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Deed Restrictions
Recorded: Julv 17. 2007 as Instrument No. 2007-0479009 of Official Records
Reference is hereby made to said document for full particulars.
CLTA Preliminary Report Forni - Modified (11-17-06)
Page 11
O Q Order No.: 930084047-U21
SCHEDULE B
(continued)
38. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations
secured thereby
Amount: $12,000,000.00
Dated: January 31, 2007
Trustor: PRS Acquisition and Construction, LLC, a Califomia limited liability
company
Tmstee: Chicago Title Insurance Company
Beneficiary: Alan Schulman, as Agent for the Holders of those certain Fixed Rate
Secured Debentures (the "Debentures") issued by trustor pursuant to
that certain indenture dated June 15, 2006
Recorded: Julv 19. 2007 as file no. 2007-0484380 of Qfficial records
Affects: Parcels 2 and 3 of PM 19958
By the provisions of an Agreement
Dated: December 1, 2010
Executed by: Pacific Ridge School, a Califomia nonprofit corporation, as
successor by merger to PRS Acquisition and Construction, LLC; and
Alan Schulman, as Agent for the Holders of certain Fixed Rate
Secured Debentures, pursuant to the certain Indenture dated June 15,
2006
Recorded: December 20, 2010 as Instrument No. 2010-0701965 of Qfficial
Records.
Said instrument was made subordinate to the lien of the document or interest
Shown: As item 54
39. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Encroachment Agreement
Recorded: recorded August 1. 2007 as Instrument No. 2007-0514843 of Qfficial
Records.
40. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Deed Restrictions
Recorded: recorded August 9, 2007 as Instrument No. 2007-0532441 of Qfficial
Records.
CLTA Preliminary Report Fonn - Modified (11 -17-06)
Page 12
OrderNc: 930084047-U21
SCHEDULE B
(continued)
41. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Encroachment Agreement
Recorded: August 22, 2007 as Instrument No. 2007-0558091. of Qfficial
Records
42. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations
secured thereby
Amount: $750,000.00
Dated: December 13, 2007
Trustor: PRS Acquisition and Construction, LLC, a Califomia limited liability
company
Trustee: Fidelity National Title Insurance Company, a Califomia corporation
Beneficiary: First Republic Bank, a division of Merrill Lynch Bank & Trust Co.,
FSB
Recorded: Januarv 25, 2008 as file no. 2008-0037056 of Qfficial records
Affects: Parcels 2 and 3 of PM 19958
By the provisions of an Agreement
Dated: December 1, 2010
Executed by: Pacific Ridge School, a Califomia nonprofit corporation, as
successor by merger to PRS Acquisition and Construction, LLC; and
First Republic Bank
Recorded: December 20, 2010 as Instrument No. 2010-0701967 of Qfficial
Records.
Said instrument made subordinate to the lien of the document or interest
Shown: As item 54
CLTA Preliminary Report Fonn - Modified (11-17-06)
Page 13
OrderNc: 930084047-U2]
SCHEDULE B
(continued)
43. An assignment of all monies due, or to become due as rent or otherwise from said land, as well as
the lessor's interests under the leases referred to therein, to secure payment of an indebtedness,
shown below and upon the terms and conditions therein
Amount: $750,000.00
Assigned to: First Republic Bank, a division of Merrill Lynch Bank & Trust Co.,
FSB
By: PRS Acquisition and Construction, LLC, a California limited liability
company
Recorded: Januarv 25, 2008 as file no. 2008-0037057 of Official Records
By the provisions of an Agreement
Dated: December 1, 2010
Executed by: Pacific Ridge School, a Califomia nonprofit corporation, as
successor by merger to PRS Acquisition and Construction, LLC; and
First Republic Bank
Recorded: December 20, 2010 as Instrument No. 2010-0701967 of Qfficial
Records.
Said instrument made subordinate to the lien of the document or interest
Shown: As item 54
44. A Lien for Unsecured Property Taxes filed by the Tax Collector of the County shown, for the
amount set forth, and any other amounts due
County: San Diego
Fiscal Year: 2007
Taxpayer: Bressi Gardenlane LLC
County Idenfification No.: 829212
Amount: $510.82
Recorded: August 19, 2008 as File No. 2008-0443895, Qfficial Records
45. Any facts, rights, interests or claims which may exist or arise by reason of the following matters
disclosed by an inspection or survey:
a) Transformers are situated near the easterly boundary of Parcels 2 and 3 of PM 19958
b) There is common access to the northerly adjoiner over Parcels 2 and 3 of PM 19958
c) A sewer with manhole covers is situated near the easterly boundary of said land
d) A storm drain inlet is situated near the southeasterly comer of Parcel 4 of PM 19958
e) An open storm drain is situated near the southeasterly comer of Parcel PM 19958
f) The fact that storm waters drain onto city storm drains and onto adjoining land.
CLTA Preliminary Report Fonn - Modified (11-17-06)
Page 14
OrderNc: 930084047-U21
SCHEDULE B
(continued)
46. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Notice of Restriction on Real Property
Recorded: Mav 29, 2009 as File No. 2009-0289249, Official Records
Reference is hereby made to said document for full particulars.
47. A Deed of Trust to secure an indebtedness in the original amount shown below.
Amount: $12,000,000.00
Dated: April 10,2009
Tmstor: PRS Acquisition and Construction, LLC, a Califomia limited liability
company
Trustee: Chicago Title Insurance Company
Beneficiary: Alan Schulman, as Agent for the Holders of those certain Fixed Rate
Secured Debentures, pursuant to that certain Indenture dated June 15,
2006
Recorded: June 26, 2009 as File No. 2009-0351531. Qfficial Records
Affects: Parcel 4 of PM 19958
By the provisions of an Agreement
Dated: December 1, 2010
Executed by: Pacific Ridge School, a Califomia nonprofit corporation, as
successor by merger to PRS Acquisition and Construction, LLC; and
Alan Schulman, as Agent for the Holders of certain Fixed Rate
Secured Debentures, pursuant to the certain Indenture dated June 15,
2006
Recorded: December 20, 2010 as Instrument No. 2010-0701966 of Official
Records.
Said instrument was made subordinate to the lien of the document or interest
Shown: As item 54
48. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: Carlsbad Municipal Water District
Purpose: Public water easement
Recorded: August 24. 2009 as File No. 2009-0473462. Qfficial Records
Affects: The route thereof affects a portion of said land and is more fully
described in said document.
CLTA Preliminary Report Fomi - Modified (11-17-06)
Page 15
OrderNc: 930084047-U21
SCHEDULE B
(continued)
49. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: San Diego Gas and Electric Company
Purpose: public utilities, ingress, egress
Recorded: August 28, 2009 as File No. 2009-0485342. Qfficial Records
Affects: The exact location and extent of said easement is not disclosed of
record
50. A document subject to all the terms, provisions and conditions therein contained.
Enfitled: Hold Hannless Agreement Geological Failure
Recorded: September 29, 2009 as File No. 2009-0540726. Qfficial Records
Reference is hereby made to said document for full particulars.
51. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Hold Harmless Agreement Drainage
Recorded: September 29. 2009 as File No. 2009-0540727. Qfficial Records
Reference is hereby made to said document for full particulars.
52. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Permanent Stonnwater Quality Best Management Practice
Maintenance Agreement
Recorded: September 29, 2009 as File No. 2009-0540728, Qfficial Records
Reference is hereby made to said document for full particulars.
53. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Drainage, Construction and Maintenance Easement Agreement
Recorded: December 16, 2009 as File No. 2009-0694567, Qfficial Records
Reference is hereby made to said document for full particulars.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 16
OrderNc: 930084047-U21
SCHEDULE B
(continued)
54. A Deed of Trust to secure an indebtedness in the original amount shown below.
Dated: December 1, 2010
Trustor: Pacific Ridge School, a non-profit public benefit corporation duly
organized and existing under the laws of the State of Califomia
Trustee: Chicago Title Company
Beneficiary: The Bank of New York Mellon Trust Company, N.A., acting in its
capacity as trustee under that certain Indenture dated December 1,
2010
Recorded: December 20. 2010 as Instrument No. 2010-0701963 of Qfficial
Records
55. A Financing Statement filed with the Office of the County Recorder, showing
Debtor: Pacific Ridge School
Secured Party: The Bank of New York Mellon Trust Company, N.A., acting in its
capacity as trustee under that certain Indenture dated December 1,
2010
Recorded: December 20, 2010 as Instrument No. 2010-0701968 of Qfficial
Records
56. An Assignment of all monies due, or to become due as rent or otherwise from said land, as well as
the lessor's interests under the leases referred to therein, to secure payment of an indebtedness,
shown below and upon the terms and conditions therein
Assigned to: The Bank of New York Mellon Trust Company, N.A., acting in its
capacity as trustee under that certain Indenture dated December 1,
2010
By: Pacific Ridge School, a non-profit public benefit corporation
Recorded: December 20. 2010 as Instrument No. 2010-0701964 of Qfficial
Records.
57. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title
Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in
possession thereof.
This office must be notified at least 7 business days prior to the scheduled closing in order to
arrange for an inspection of the land; upon completion of this inspection you will be notified of the
removal of specific coverage exceptions and/or additional exceptions to coverage.
58. Any rights of parties in possession of said land, based on any unrecorded lease, or leases.
This Company will require a ftill copy of any unrecorded lease, together with all supplements,
assignments, and amendments for review.
END OF SCHEDULE B
CLTA Preliminary Report Fomi - Modified (11 -17-06)
Page 17
Order No.: 930084047-U21
SCHEDULE B
(continued)
CLTA Preliminary Report Fonn - Modified (11-17-06)
Page 18
OrderNc: 930084047-U21
INFORMATIONAL NOTES
Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the
insured may demand arbitration. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating to this policy,
any service of the Company in connection with its issuance or the breach of a policy provision or
other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued
if you wish to review the arbitration provisions and any other provisions pertaining to your Title
Insurance coverage.
Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of
Insurance is less than the amount, if any, 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.
Note No. 3: This Company will require the following documents in order to insure a conveyance or
encumbrance by the corporation named below.
Corporation: Pacific Ridge School, a Califomia non-profit public benefit corporation
(A) A Copy of the corporation by-laws or articles.
(B) An original or certified copy of the resolution authorizing the subject transaction, together
with a certificate of compliance pursuant to Section 5912 or 7912 Corporations Code.
(C) If the articles or by-laws require approval by a "parent" organization, we will also require a
copy of those by-laws or articles.
ATTACHMENT ONE
PRIVACY STATEMENT
IMPORTANT INFORMATION:
For those of vou receiving this report by electronic delivery the Privacv Statement and Exclusions
From Coverage are United to this report. Please review this information by selecting the link. For
those of you who are receiving a hard copy of this report, a copy of this information has been
submitted for your review.
CLTA Preliminary Report Fonn - Modified (11-17-06)
Page 19
o o
CHICAGO TITLE INSURANCE COMPANY
Fidelity National Financial Group of Companies' Privacv Statement
July 1,2001
We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws.
We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to
whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy
Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with
applicable privacy laws.
In the course of our business, we may collect Personal Inforniation about you from the following sources:
• From applications or other forms we receive from you or your authorized representative;
• From your transactions with, or from the services being perfonned by, us, our afflliates or others;
• From our Intemet web sites;
• From the public records maintained by govemment entities that we wither obtain directly from those entities, or
from our afflliates or others; and
• From consumer or other reporting agencies
Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information fi-om unauthorized access or
intrusion. We limit access to the Personal Infonnation only to those employees who need such access in connection with
providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate
settlement service providers. We may also disclose your Personal Information:
• to agents, brokers or representatives to provide you with services you have requested;
• to third-party contractors or service providers who provide services or perform marketing or other fimctions on our
behalf; and
• to others with whom we enter into joint marketing agreements for products or services that we believe you may find
of interest.
In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to
do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise
permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any
agreement, transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such
documents may contain your Personal Information.
Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion
Certain states afford you the right to access your Personal Infonnation and, under certain circumstances, to find out to whom
your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or
deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the
costs incurred in responding to such requests.
All requests must be made in writing to the following address:
Privacy Compliance Officer
Fidelity National Financial, Inc.
601 Riverside Drive
Jacksonville, FL 32204
Multiple Products or Services:
If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We
apologize for any inconvenience this may cause you.
Privacy Statement (10-21-03)
ATTACHMENT ONE
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICV (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. Govemmental police power, and the existence or violation of any law
or govemment regulation. This includes building and zoning
ordinances and also laws and regulations conceming:
• land use
• improvements on the land
• land division
• 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 notice of exercising the right appears in the public records on
the Policy Date
• the taking happened prior to the Policy Date and is binding on
you if you bought the land without knowing of the taking
3. Title Risks:
• that are created, 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 limit
the labor and material lien coverage in Item 8 of Covered Title
Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to
in Item 3 of Schedule A
OR
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title
Risks.
addition to the Exclusions you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: In
1. Any right, interests, or claims of parties in possession of the land not
shown by the public records.
2. Any easements or liens not shown by the public records. This does not
limit the lien coverage in Item 8 of Covered Title Risks.
Any facts about the land which a correct survey would disclose and
which are not shown by the public records. This does not limit the
forced removal coverage in Item 12 of Covered Title Risks.
Any water rights or claims or title to water in or under the land,
whether or not shown by the public records.
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy and the Company will not pay loss or damage, costs, attorneys' fees
or expenses which arise by reason of
1. (a) Any law, ordinance or govemmental regulation (including but not
limited to building or zoning laws, ordinances, or regulations)
resfricting, 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 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 govemmental 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 ofPolicy.
(b) Any govemmental pohce 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 resuhing from a violation or
alleged violation affecting the land has been recorded in the
public records at Date ofPolicy.
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; 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.
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.
Invalidity or unenforceability of the lien of the insured mortgage, or
claim thereof, which arises out of the fransaction evidenced by the
insured mortgage and is based upon usury or any consumer credit
protection or truth in lending law.
Any claim, which arises out of the transaction vesting in the insured
the estate of interest insured by this policy or the transaction creating
the interest of the insured lender, by reason of the operation of federal
bankmptcy, state insolvency or similar creditors' rights laws.
SCHEDULE B, PART I
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
1. Taxes or assessments which are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments on real
property or by the public records. Proceedings by a public agency
which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or
by the public records.
2. Any facts, rights, interests, or claims which are not shown by the
public records but which could be ascertained by an inspection of the
land or which may be asserted by persons in possession thereof
Easements, liens or encumbrances, or claims thereof which are not
shown by the public records.
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.
(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 tbe matters excepted under (a),
(b) or (c) are shown by the public records.
Attachment One (11-17-06)
Page 21
ATTACHMENT ONE
(CONTINUED)
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy and the Company will not pay loss or damage, costs, attorneys' fees
or expenses which arise by reason of:
1. (a) Any law, ordinance or govemmental regulation (including but not
limited to building and zoning laws, ordinances, or regulations)
resfricting, 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 govemmental 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 ofPolicy.
(b) Any govemmental 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 ofPolicy.
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 laking which has occurred prior to Date
of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at
Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior
to the date the insured claimant became an insured under this
policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the
extent that this policy insures the priority of the lien of the insured
mortgage over any statutory lien for services, labor or material or
to the extent insurance is afforded herein as to assessments for
sfreet improvements under constmction 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.
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.
Invalidity or unenforceability of the lien of the insured mortgage, or
claim thereof, which arises out of the fransaction evidenced by the
insured mortgage and is based upon usury or any consumer credit
protection or trath in lending law.
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 confracted 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.
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 bankmptcy, 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 docfrine or equitable
subordination; or
(iii) the fransaction creating the interest of the insured mortgagee
being deemed a preferential transfer except where the preferential
fransfer results from the failure:
(a) to timely record the instmment of fransfer; or
(b) of such recordation to impart notice to a purchaser for value
or a judgment or lien creditor.
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) which arise by reason of
1. Taxes or assessments which are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments on real
property or by the public records. Proceedings by a public agency
which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or
by the public records.
2. Any facts, rights, interests or claims which are not shown by the
public records but which could be ascertained by an inspection of the
land or which may be asserted by persons in possession thereof
Easements, liens or encumbrances, or claims thereof, which are not
shown by the public records.
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.
(a) Unpatented mining claims; (b) reservattons 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.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy, and the Company will not pay loss or damage, costs, attomeys' fees,
or expenses that arise by reason of:
I. (a) Any law, ordinance, permit, or govemmental regulation
(including those relafing to building and zoning) restricting,
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment ofthe 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
govemmental regulations. This Exclusion 1(a) does not modify
or limit the coverage provided under Covered Risk 5.
Attachment One (11-17-06)
(b) Any govemmental police power. This Exclusion 1(b) does not
modify or limit the coverage provided under Covered Risk 6.
Rights of eminent domain. This Exclusion does not modify or limit
the coverage provided under Covered Risk 7 or 8.
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 II, 13, or 14); or
Page 22
ATTACHMENT ONE
(CONTINUED)
(e) resulting in loss or damage lhat would not have been sustained if
the Insured Claimant had paid value for the Insured Mortgage.
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.
Invalidity or unenforceability in whole or in part of the lien of the
Insured Mortgage that arises out of the fransaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit
protection or fruth-in-lending law.
Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or simitar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent fransfer, or
(b) a preferential fransfer for any reason not stated in Covered Risk
13(b) of this policy.
Any lien on the Title for real estate taxes or assessments imposed by
govemmental 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).
The above policy form may be issued lo afford either Standard Coverage or Extended Coverage. In addifion 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,
1. (a) Taxes or assessments lhal 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 resuh in taxes or
assessments, or nofices of such proceedings, whether or not
shown by the records of such agency or by the Public Records.
2. Any facts, righls, 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.
attorneys' fees or expenses) that arise by reason of:
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) waler rights,
claims or fitle to water, whether or nol the matters excepted under (a),
(b), or (c) are shown by the Public Records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from Ihe coverage of this
policy and the Company wili not pay loss or damage, costs, attomeys' fees
or expenses which arise by reason of
1. (a) Any law, ordinance or govemmental regulafion (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 Ihese 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 govemmental police power not excluded by (a) above,
except to the extent that a notice of the exercise thereof or a
nolice 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 of eminent domain unless notice of the exercise thereof has
been recorded in the public records at Dale of Policy, but nol
excluding from coverage any taking whieh has occurred prior to Date
of Policy which would be binding on Ihe rights of a purchaser for
value without knowledge.
Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insiued claimant;
(b) not known to the Company, not recorded in the public records at
Date of Policy, but knov™ 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; 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.
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 bankmptcy, 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 fransfer except where the preferential
fransfer resuhs from the failure:
(a) to fimely record the instmment of transfer; or
(b) of such recordation to impart notice to a purchaser for value
or a judgment or lien creditor.
The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage In addition to the above Exclusions from Coverage, the Exceptions
from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will nol pay costs, attorneys' fees or expenses) which arise by reason of
1. Taxes or assessments which are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments on real
property or by the public records. Proceedings by a public agency
which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or
by the public records.
2. Any facts, rights, interests or claims which are not shown by the
public records but which could be ascertained by an inspection of the
land or which may be asserted by persons in possession thereof
Easements, liens or encumbrances, or claims thereof, which are not
shown by the public records.
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.
(a) Unpatented mining claims; (b) reservations or exceptions in
patents or in Acts authorizing Ihe 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.
Attachment One (11 -17-06)
Page 23
ATTACHMENT ONE
(CONTINUED)
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy, and Ihe Company will not pay loss or damage, costs, attomeys' fees,
or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or govemmental regulation
(including those relating to building and zoning) restricfing,
regulating, prohibifing, 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
govemmental regulations. This Exclusion 1(a) does not modify or
limit the coverage provided under Covered Risk 5.
(b) Any govemmental police power. This Exclusion 1(b) does not
modify or limil the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit
the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at
Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant
prior to the date the Insured Claimant became an Insured under
this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this
does not modify or limit the coverage provided under Covered
Risk 9 and 10); or
(e) resuhing in loss or damage thai would not have been sustained if
the Insured Claimant had paid value for the Title.
Any claim, by reason of the operafion of federal bankmptcy, state
insolvency, or similar creditors' rights laws, that the transaction
vesting the Tille as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent fransfer; or
(b) a preferential fransfer for any reason not stated in Covered Risk 9
of this policy.
Any lien on the Title for real estate taxes or assessments imposed by
govemmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other insttiiment of
transfer 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 Ihe following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against ioss or damage (and the Company wiil not pay costs,
1. (a) Taxes or assessments that are nol 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 in the Public
Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of Ihe Land.
attomeys' fees or expenses) that arise by reason of
3. Easements, liens or encumbrances, or claims thereof, not shown by
the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse
circumstance affecfing the Tifie that would be disclosed by an
accurate and complete land survey of the 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.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
EXCLUSIONS
In addition lo the Exceptions in Schedule B, You are not insured against loss, costs,
1. Governmental police power, and the existence or violation of any law
or govemment regulation. This includes ordinances, laws and
regulations conceming:
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 Ihe coverage described in Covered Risk 14,
15, 16, 17 or 24.
2. The failure of Your existing stmctures, or any part of them, to be
constmcted in accordance wilh 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 Ihe Land by condemning il, unless:
attomeys' fees, and expenses resulfing from:
a. a notice of exercising the righl appears in the Public Records at
the Policy Dale; 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 Dale - this does nol limit Ihe
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 nght:
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.
Attachment One (11 -17-06)
Page 24
ATTACHMENT ONE
(CONTINUED)
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 14:
Your Deducfible Amount
1.00% ofPolicy Amount or $ 2.500.00
(whichever is less)
Our Maximum Dollar
Limit of Liabilitv
$ 10.000.00
Covered Risk 15: 1.00% of Policy Amount or $ 5.000.00
(whichever is less)
$ 25.000.00
Covered Risk 16: 1.00% ofPolicy Amount or $ 5,000.00
(whichever is less)
$ 25.000.00
Covered Risk 18: 1.00% of Policv Amount or $ 2.500.00
(whichever is less)
$ 5.000.00
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
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, attomeys 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)
resfricting, regulating, prohibiting or relafing to (i) the occupancy,
use, or enjoyment of the Land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on Ihe
Land; (iii) a separation in ownership or a change in the
dimensions or areas of the Land or any parcel of which the Land
is or was a part; or (iv) environmental protectton, or the effect of
any violation of these laws, ordinances or govemmental
regulations, except to the extent that s notice of Ihe 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. This exclusion
does not limit the coverage provided under Covered Risks 12, 13,
14, and 16 of this policy.
(b) Any govemmental 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 violafion
or alleged violation affecting the Land has been recorded in the
Public Records at Dale of Policy. This exclusion does not limit
the coverage provided under Covered Risks 12, 13, 14, and 16 of
this 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 Ihe Public Records at
Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to Ihe 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 (this paragraph
does not limit the coverage provided under Covered Risks 8, 16,
18, 19, 20, 21, 22, 23, 24, 25 and 26); or
(e) resulting in loss or damage which would not have been sustained
if the Insured Claimant had paid value for the Insured Mortgage.
Unenforceability of the iien of the Insured Mortgage because of the
inability or failure of the Insured at Date of Policy, or Ihe 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.
Invalidity or unenforceability of Ihe lien of Ihe Insured Mortgage, or
claim thereof, which arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury, except as provided in
Covered Risk 27, or any consumer credit protection or fruth in lending
law.
Real property taxes or assessments of any govemmental authority
which become a lien on the Land subsequent to Date of Policy. This
exclusion does not limit the coverage provided under Covered Risks
7, 8(e) and 26.
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 Ihe vestee shown in Schedule A is no
longer the owner of the estate or interest covered by this policy. This
exclusion does not limit the coverage provided in Covered Risk 8.
Lack of priority of the lien of the Insured Mortgage as to each and
every advance made after Date of Policy, and all interest charged
Ihereon, over liens, encumbrances and other matters affecting the title,
the existence of which are Known to the Insured at:
(a) The lime of the advance; or
(b) The time a modification is made to the terms of the Insured
Mortgage which changes the rate of interest charged, if the rate of
Interest is greater as a result of the modificafion than it would
have been before the modification. This exclusion does not limit
Ihe coverage provided in Covered Risk 8.
The failure of the residential stmcture, or any portion thereof to have
been constmcted before, on or after Dale of Policy in accordance with
applicable building codes. This exclusion does not apply to violations
of building codes if nofice of the violation appears in Ihe Public
Records at Date ofPolicy.
Attachment One (11-17-06)
Page 25
Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 ofthe California Code of Regulations Fidelity National Financial, Inc. and
its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with
the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of
this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your
transaction may not qualify for the below discounts.
You are encouraged to discuss the applicability of one or more of the below discounts with a Company
representative. These discounts are generally described below; consult the rate manual for a full description of
the terms, conditions and requirements for such discount. These discounts only apply to transactions involving
services rendered by the FNF Family of Companies. This notice only applies to transactions involving property
improved with a one-to-four family residential dwelling.
Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company
as indicated by the named discount.
FNF Undervtfritten Title Companies FNF Underwriters
CTC - Chicago Title Company CTIC - Chicago Title Insurance Co.
Available Discounts
CREDIT FOR PRELIMINARY TITLE REPORTS AND/OR COMMITMENTS ON
SUBSEQUENT POLICIES
Where no major change in the title has occurred since the issuance ofthe original report or commitment, the
order may be reopened within 12 - 36 months and all or a portion ofthe charge previously paid for the report
or commitment may be credited on a subsequent policy charge within the following time period from the date of
the report.
FEE REDUCTION SETTLEMENT PROGRAM
Eligible customers shall receive a $20.00 reduction in their title and/or escrow fees charged by the Company for
each eligible transaction in accordance with the terms of the Final Judgments entered in The People of the State
of California.
DISASTER LOANS
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an
owner of record, within 24 months of the date of a declaration of a disaster area by the government of the
United States or the State of California on any land located in said area, which was partially or totally destroyed
in the disaster, will be 50% of the appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS
On properties used as a church or for charitable purposes within the scope of the normal activities of such
entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50%
to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a
lender's policy shall be 32% to 50% ofthe appropriate title insurance rate, depending on the type of coverage
selected.
SHORT TERM RATE
The Short Term Rate is a reduction of the charges shown In the Insurance Tables which is allowable only when
the current order is placed within 60 months from the date of issuance of a prior CLTA or ALTA Form of Policy of
any qualified title insurer and provided further that the grantor, borrower, lender, lessor or assignor is insured
by or under the terms of a prior policy, or is the vested owner of the interest Insured by said policy. The short
term rate is 64% to 92% of the appropriate title insurance rate depending on the type of coverage selected.
EMPLOYEE RATE
No charge shall be made to employees (including employees on approved retirement) of the Company or its
underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing,
refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized
only in connection with those costs which the employee would be obligated to pay, by established custom, as a
party to the transaction.
CA Discount Notice CT (9-17-09)
Page 26
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced
residential property in Califomia between May 19, 1995 and November 1, 2002. If you had more than one
qualifying transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is the subject of your current transaction, you
do not have to do anything; the Company will provide the discount, provided you are paying for escrow
or title services in this transaction.
If your previous transaction involved property different from the property that is subject of your current
transaction, you must - prior to the close of the current transaction - inform the Company of the earlier
transaction, provide the address of the property involved in the previous transaction, and the date or
approximate date that the escrow closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on property that is not the subject of this
transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a
discount. If you provide the Company information conceming a prior transaction, the Company is
required to determine if you qualify for a discount which is subject to other terms and conditions.
Page 27
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39 FEATHER SOUND DR
HENDERSON, NV 89052-6614
2759 PALMETTO DR
CARLSBAD, CA 92009-3081
ANNE-MARIE FERRARA LORI L WIEDNER PATRICK J & MEGAN VANZANDT
2755 PALMETTO DR
CARLSBAD, CA 92009-3081
2751 PALMETTO DR
CARLSBAD, CA 92009-3081
2747 PALMETTO DR
CARLSBAD, CA 92009-3081
MINDO LEE CLOAKEY ROGER B & L SEEMAN
2739 PALMETTO DR
CARLSBAD, CA 92009-3081
2735 PALMETTO DR
CARLSBAD, CA 92009-3081
2731 PALMETTO DR
CARLSBAD, CA 92009-3081
YUSUF M ABDULHAYOGLU JEFFREY M & LARYSSA FREEMAN ANTHONY M FRANCHIMONE
2727 PALMETTO DR
CARLSBAD, CA 92009-3081
2715 PALMETTO DR
CARLSBAD, CA 92009-3081
2711 PALMETTO DR
CARLSBAD, CA 92009-3081
MICHAEL A TYLMAN SCOTT DODD WISHING LIMA
2707 PALMETTO DR
CARLSBAD, CA 92009-3081
2704 PALMETTO DR
CARLSBAD, CA 92009-3081
2708 PALMETTO DR
CARLSBAD, CA 92009-3081
JIANBO ZENG PANIELLO SOO LEE
2712 PALMETTO DR
CARLSBAD, CA 92009-3081
2716 PALMETTO DR
CARLSBAD, CA 92009-3081
2720 PALMETTO DR
CARLSBAD, CA 92009-3 081
ERIC & MICHELLE POTWARDOWSKI SKIP & CYNTHIA REED SCOTT FOSTER
2736 PALMETTO DR
CARLSBAD, CA 92009-3081
2740 PALMETTO DR
CARLSBAD, CA 92009-3081
2744 PALMETTO DR
CARLSBAD, CA 92009-3081
JEREMY & MELANIE KUDERKA TAB & ORALYNN SNAVELY STEPHAN KARTSUB
27 87 PALMETTO DR
CARLSBAD, CA 92009-3081
2783 PALMETTO DR
CARLSBAD, CA 92009-3081
2779 PALMETTO DR
CARLSBAD, CA 92009-3081
BRENNER-VASQUEZ ROBERT & BIANCA ABOOLIAN KEVIN M MCCLUSKEY
2775 PALMETTO DR
CARLSBAD, CA 92009-3081
2771 PALMETTO DR
CARLSBAD, CA 92009-3081
2767 PALMETTO DR
CARLSBAD, CA 92009-3081
PACIFIC RIDGE SCHOOL BRESSI RANCH COMMUNITY ASSN DENNIS & HELENA WENGER
6269 EL FUERTE ST
CARLSBAD, CA 92009-3094
1959 PALOMAR OAKS WAY 320
CARLSBAD, CA 92011-1313
2266 BROOKHAVEN PASS
VISTA, CA 92081-8334
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9665 CHESAPEAKE DR 3 00
SAN DIEGO, CA 92123-1364
BRESSI GARDENLANE LLC
24800 CHRISANTA DR 200
MISSION VIEJO, CA 92691-4835
BRESSI RANCH ITY ASSOC:
9665>eHlSAPEAKE DR 3 00
DIEGO,. CA 92123-1364
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BRESSI RANCH CO: ASSN
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DIEGO, CA 92123-1364
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ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: (To be completed by City)
Application Number(s):
General Information
1 Name of project: Pacific Ridge School - Minor CUP Amendment
2. Name of developer or project sponsor: Pacific Ridge School
Address: ^269 El Fuerte Street
City, State, Zip Code: Carlsbad, CA 92009
Phone Number: (760)448-9830
Name of person to be contacted concerning this project: Leslie Weinheimer, Hofman Planning & Engineering
Address: 3152 Lionshead Avenue
City, State, Zip Code: Carlsbad, CA 92010
Phone Number: (760) 692-4014
Address of Project: 6269 El Fuerte Street
Assessor's Parcel Number: 213-122-014
List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
6. Existing General Plan Land Use Designation: ^"^
7. Existing zoning district: P-C
o I- • X- 1 J /X Private school 8. Existing land use(s):
9. Proposed use of site (Project for which this form is filed): Private School
Project Description
10. Site size: 15 929
11. Proposed Building square footage: "'^
12: Numberof floors of construction: "^^
13. Amount of off-street parking provided:
14. Associated projects: CUP 06-11
n/a
P-1 (D) Page 2 of 4 Revised 07/10
Q
15. If residential, include the number of units and schedule of unit sizes:
N/A
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
N/A
17. If industrial, indicate type, estimated employment per shift, and loading facilities:
N/A
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
N/A
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
N/A
p-1 (D) Page 3 of 4 Revised 07/10
Are the follov/ing items applicable to the project or its effects? Discuss all items checked yes (attach
additionai sheets as necessary).
Yes No
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial • [x]
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or • 0
roads.
22. Change in pattern, scale or character of general area of project. • [x]
23. Significantamountsof solid waste or litter. • |x]
24. Change in dust, ash, smoke, fumes or odors in vicinity. • |x]
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or • [x]
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. • [xj
27. Site on filled land or on slope of 10 percent or more. • [x]
28. Use of disposal of potentially hazardous materials, such as toxic substances, • H
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, • H
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). • H
31. Relationship to a larger project or series of projects. [x] •
Environmental Setting
Attach sheets that include a response to the following questions:
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowledge and belief.
Date: i#'7t' Signature:
For: ^PM^ ?LMU\Hl^<'B^l^iSie.(^
p-1 (D) Page 4 of 4 Revised 07/10
Environmental Setting
32. The project site is currently a private secondary school, approved under CUP 06-11. The project
is located in Planning Area 13 of the Bressi Ranch Master Plan, south of Palomar Airport Road,
east of El Camino Real, north of Poinsettia Lane and west of El Fuerte Street.
33. The surrounding area is characterized by residential to the south and west, an adjacent open
space lot to the west, commercial and planned industrial to the north and open space to the
east.
<Ac,.o. - - QFILE
^ CARLSBAD
Planning Division www.carlsbadca.gov
March 16, 2012
Hofman Planning and Engineering
3152 Lionshead Avenue
Carlsbad CA 92010
SUBJECT: MINOR CONDITIONAL USE PERMIT AMENDMENT NO. MCUP 06-ll(B) - Request for
approval of a Minor Conditional Use Permit Amendment (MCUP 06-11(8) to adjust the Pacific Ridge
School property boundaries to include a 1.75 acre Open Space parcel immediately adjacent to the
school on the west side at the toe of an existing slope and to install bleachers within that parcel to
support the existing sports field at the south end of Pacific Ridge School located at 6269 El Fuerte
Street, in the Community Facilities Zone and Local Facilities Management Zone 17.
Dear Mr. Hofman,
The City Planner has completed a review of your application for a Minor Conditional Use Permit
Amendment MCUP 06-11(6) to adjust the Pacific Ridge School property boundaries to include a 1.75
acre Open Space parcel for the installation of a single bank of bleachers at the Pacific Ridge School
located at 6269 El Fuerte Street. A notice was sent to property owners within a 300' radius of the
subject property requesting comments regarding the above request. No comments were received
within the ten day notice period (ending on February 25, 2012). After careful consideration of the
circumstances surrounding this request, the City Planner has determined that the four findings required
for granting a Minor Conditional Use Permit Amendment can be made and therefore, APPROVES this
request based on the following findings and conditions.
Findings:
1. That the requested use is necessary or desirable for the development of the community, and is
in harmony with the various elements and objectives of the general plan, including, if
applicable, the certified local coastal program, specific plan or master plan in that the addition
of the bleachers to the overall sports facilities of the Pacific Ridge School accommodates a
place for spectators to sit and encourages the participation of parents and friends in student
team sports. Sports and recreational uses as well as the facilities necessary to support the use
are allowed in General Plan Open Space.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in
the zone in which the proposed use is to be located in that the addition of the bleachers will
provide a place for spectators to sit versus limiting their participation to standing room only.
The bleachers will be located immediately to the east of an Open Space slope and a minimum
of 320 feet from the closest residence to the south. This distance will adequately buffer
spectator generated noise associated with the location of the bleachers.
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
ClIJ Oe^^iBy- P/^CIFIC RIDGtTSLEACHERS ^
Mireh ii 2012
Page 2
3. That the site for the proposed conditional use is adequate in size and shape to accommodate
the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner in order to
integrate the use with other uses in the neighborhood in that no special setbacks or variances
from standards are required for the placement of the bleachers adjacent to the sports field.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use in that the addition of the bleachers could incrementally
increase ADT but will not generate significant additional average daily trips related to the
capacity of El Fuerte Street and will more likely accommodate seating for existing spectators.
5. That the City Planner has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the environment,
and it is therefore categorically exempt from the requirement for the preparation of
environmental documents pursuant to Section 15303 (New Construction of Small Structures
which are accessory to an existing facility) of the state CEQA Guidelines. In making this
determination, the City Planner has found that the exceptions listed in Section 15300.2 of the
state CEQA Guidelines do not apply to this project
Conditions:
1. Approval is granted for MCUP 06-ll(B) as shown on Exhibits "A" and "B" dated March 16, 2012
on file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the City's approval of this Minor
Conditional Use Permit Amendment.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the MCUP 06-ll(B) documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development different from
this approval shall require an amendment to this approval.
4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Minor Conditional Use Permit Amendment, (b)
City's approval or issuance of any permit or action, whether discretionary or non-discretionary,
in connection with the use contemplated herein, and (c) Developer/Operator's installation and
CUP 06-11(8) - PACIFIC RIDGETLEACHERS ^
March 16, 2012
Page 3
operation of the facility permitted hereby, including without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy waves or
emissions.
5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances
in effect at the time of building permit issuance.
6. This Conditional Use Permit is granted without an expiration date. This permit may be revoked
at any time after a public hearing, if it is found that the use has a substantial detrimental effect
on surrounding land uses and the public's health and welfare, or the conditions imposed herein
have not been met.
7. CUP 06-11 and all subsequent amendments and extensions shall be reviewed by the City
Planner annually to determine if all conditions of this permit have been met and that the use
does not have a substantial negative effect on surrounding properties or the public health,
safety and general welfare. If the City Planner determines that: 1) the Conditional Use Permit
was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted
is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised
contrary to any of the terms or conditions of approval or the conditions of approval have not
been met; or 4) the use for which such approval was granted has ceased to exist or has been
suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or
regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so
exercised as to be detrimental to the public health, safety or welfare or so as to constitute a
nuisance, the City Planner shall recommend that the Planning Commission hold a public hearing
and after providing the permittee the opportunity to be heard, the Planning Commission may
revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional
Use Permit, modify the conditions or impose new conditions
8. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing
project are challenged this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with all
requirements of law.
9. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
Code Reminders:
10. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
11. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
CUP 06-11(8) - PACIFIC RIDGt^LEACHERS
March 16, 2012
Page 4
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a),
and file the protest and any other required information with the City Manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days ofthe date ofthis letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $620.00. The filing of such appeal within
such time limit shall stay the effective date of the order of the City Planner until such time as a final
decision on the appeal is reached. If you have any questions regarding this matter, please feel free to
contact Christer Westman at (760) 602-4614.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:CW:bd
Don Neu, City Planner
Michele Masterson, Senior Management Analyst
Chris DeCerbo, Principal Planner
Project Engineer
File Copy
DMS/Data Entry
WOTE- ILLUSTRATION SHOVm WITH DOUBLE FOOT PLANK, 1x6 RISER (ROWS 1-9),
DBL. 1x6 RISER (ROW 10), i CHAINUNK GUARDRAIL PLEASE REFER TO ATTACHED
SPECIFICATIONS FOR FEATURES INCLUDED WITH YOUR SPECIFIC BLEACHER.
This drawing and oil information contained
herein is the property of NATIONAL RECREATION SYSTEMS, INC. ond is not to be reproduced
without express written permission of this
monufocturer. We assume no responsibility
for unauthorized use of this drowing. Notional
Recreation Systems. Inc. is not responsible for local permits and occupancy requirements.
National Recreation Systems, Inc.
P.O. BOX 11487 FORT WAYNE, IN 46858-1487
N.T.S.
4/10/02 JLB
10 ROW NON-ELEVATED BLEACHER SUBMITTAL
I DRAWING NUMBER:
I SUB-Ni0-0000