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HomeMy WebLinkAboutMCUP 16-03; Dawson Fence Addition; Conditional Use Permit (CUP)I (City of · Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits 0 Coastal Development Permit BJ: Conditional Use Permit ]!& Minor 0 Extension 0 Day Care (Large) D Minor 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Hillside Development Permit []Minor 0 Minor 0 Nonconforming Construction Permit 0 Planned Development Permit 0 Minor 0 Residential 0 Non-Residential 0 Planning Commission Determination 0 Reasonable Accommodation 0 Site Development Plan 0 Special Use Permit 0 Minor 0 Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) 0 Variance 0 Minor (FOR DEPT. USE ONLY) Legislative Permits 0 General Plan Amendment Local Coastal Program Amendment Master Plan 0 Specific Plan 0 Zone Change 0 Amendment 0 Amendment 0 Zone Code Amendment (FOR DEPT. USE ONLY) South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative 0 Minor D Major Village Review Area Permits 0 Review Permit 0 Administrative 0 Minor D Major NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: PROJECT NAME: BRIEF DESCRIPTION oF PROJEcT: fef\ dnj ~, 0 pt.« dt l 0 ~ oF pre pet~ / BRIEF LEGAL oEscRIPTioN: Lc+ qq or:-L4r lshc.d Jt'"-'-4-N~-~s ... to-~ /i1 0r_ IJlj ~f...th//3b;,f (/ LOCATION OF PROJECT: 5 ~~<L e~..j)t·;fcf' /'Cj.'(el /ilul1fJE/-..._ ~cu;v1f-£,::>1 t r-I I V 13 1!f I I' STREET ADORES~ ON THE: (NORTH, SOUTH, EAST, WEST) SIDE OF !2tL \,c(·hv 5x,: ~·1--{'7l r.e-Rt-i (NAME OF STREET) BE1WEEN LA LLC f,\{ f;l~Y D (NAME OF STREET) P-1 Page 1 of 6 Revised 03/16 ,, OWNER NAME (Print): \L bl. $ D MAILING ADDRESS: 4\..l,.0~5wlQoL....J(._AI:J.Jl!&l\...!...f..::JOB~~...1..1.L1 AJ-..L">I';__ __ CITY, STATE, ZIP: ff'4u tl iff\'~ t (~ .. j lO)..~ TELEPHONE: 859?-35 ·s ~ lol\bf EMAIL ADDRESS: 'Q\c.\!..bUo--.WSOC\ ~ ,y\'\V,:,\.lc.N\ APPLICANT NAME (Print): MAILING ADDRESS: -----------------------------CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH REIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOS F THIS AT APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. INVE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED 0 THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAN D BIND CCESSORS IN INTEREST. ~- FOR CITY USE ONLY .JU"~ 0 9 2016 DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 6 Revised 03116 (cicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separalf'a11)may be attached if necessary.) Person iC. · \ll~ l;_l){.\u)_$(.)1) Corp/Part. __________ _ Title Dwnec Title _____________ _ Address los-:B Gt\;·~ryJC:\5}. . Address. _________ _ £ Yl <-'"''k.~ CA-."( 1--UZ .. ~ OWNER (Not the owner's agentf Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and add ressN ~f the corporate officers. (A separate page may be attached if necessary.) Person l th,J~'> 'B .}2g 'V\/tJOf'\ Corp/Part __________ _ Title Q VV {\ e ,~ Title _____________ _ Address \0 516 CcSJ'\)( 1\ '"' st-: Address --------------Ct\(,~(1.; f<: s c/J,~ q 1.o L "! I Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust. _________ _ Title ____________ _ Title ---------------- Address ___________ _ Address ____________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? I D Yes .~No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. all the above information is true and correct to the best of my knowledge. 7 Si atu of owner/date Signature of applicant/date N\c1o\o.l 'ig l)qw}of! Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 {City of Carlsbad PROJECT DESCRIPTION P-1 (B) Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov PROJEcrNAME:~~~~A~~-l~So_~~f_t_~_L_t_A_D~D~f~f~.f_o_~~~~~ APPLICANTNAME:~N~;~~~~~·s~~B~--·u~~~·~-~-~~~~~~~~~~~~ Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: [-1-\·'!NI ) 10 N G 'y ~ ... ( 1<. y l<J A ft..-l L l: Ill L '1"1-b 0 \.( f Fe. VI<.(_ i ') !o I +-\\ ·~,\ ~ v.>; II ~{. v: v1 y J. 1h tie_ ...._, ,I I be_ 3 \ lo 1 S v.>\"'"1 ~c...\o -\, "'\\u._.. ~ r U. hJ, ly Co"~pc.M5 .f-o <1.C({55 ~r vlAJU j'"~".!. -f:c./,~t'S \)j~ h..,,( <>b~',(_.j er/UO<.(~>'•U>"'1 per,..:fJ Wit, () fif. W.J) ~(\~ L~v.cc.Jr~ \.0et)kwc.~/ ) i5fr,(t. p\"~ +a I fo.n <( s-I IN,, !luy 0 u ,. {~/Jc ~-(~I J ~I-\"t ,,·t \_/,, ,;_ tc pe e~rr~~·1 '\-\).., ,j'f\dl'j ~~~ ~Uvt cJ~I/cL Mk; Cli( +4._ HnM1J: ( iJ &cro uC~Ml,Jf ruM, A ~~ 0Mwp ~ L. w W.D. (2) Let"' Sv"'A!'}'ht.J e~,/.,;'1~ rel .. t •. , h Olll lo\Oo1 q1 • Gil~ ~ svtrov.,J,~ CcJA4fi.,Mi fits (5•AJfu h. TA.il1 . (3) ?r t \,.. '"''] h t ~.,, fu f''+ vrril_ \£7 d ~I s u ; Al~;, omo < ( 4~ ~Ltvrt of-Ne..J ftr'\tL ~c)\\ S~u ,.J1'f\\ W& \ \Lwv.~ ~Q\v~1 ~ P-1 (B) (city of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): D The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name:...!....JO'--..:::.-.:...>:<f-"-J....-~7'--'.'-Q_' :;r-a_· \.(.)--"-')=<-<i-"1V""l:.......c. ___ _ Name: Sc./1<.(_ 4 5 <;.ffj. 'c_c. ,1 /-- (r.1 Address: _________ _ Phone Number: 6S~s C S )1 · b l(?S-Phone Number: ________ _ Address of Site: __ L. __ ~__._V_-_'1_~_&_--~-·-_)_-_-_0_0 _________ _ Local Agency (City and County): _______________________ _ Assessor's book, page, and parcel number: ____________________ _ Specify list(s): _____________________________ _ Regulatory Identification Number: _______________________ _ Date of List: _______________________________ _ The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 Summary My second lot, Lot 99, is not subject to the Saddle Ridge CC&Rs. It is subject to the Santa Fe Trails CC&Rs. Mv Property (lot 99) The grant deed for my property includes the legal descriptions of the lot on which the house is located (Parcel A), and the lot beyond the house (Parcel B). The legal description of Parcel B is as follows: Lot 99 of Carlsbad Tract No. 85-10-1, in the City of Carlsbad, County of San Diego, State of California, according to May thereof No. 13285, filed in the Office of the County Recorded or San Diego County, January 16, 1996. The Saddle Ridge CC&Rs Do Not Encumber my Property The properties that are subject to the Saddle Ridge CC&Rs are described in Exhibits A and B to those CC&Rs, located at pages 28015 and 28016 of the recorded documents, and pages 81 and 82 of 90 of the CC&Rs. These properties are described as follows: Lots 18 through 26, inclusive, Carlsbad Tract No. 90-3 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14134 filed in the Office of the County Recorder of San Diego on January 23, 2001; and Lots 1 through 17, inclusive, Carlsbad Tract No. 90-3 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14134 filed in the Office of the County Recorder of San Diego on January 23, 2001. The properties subject to the Saddle Ridge CC&Rs are located in a different tract, pursuant to a different map number, than is Lot 99 (my property). Note also that the title insurance policy for my property does not list the Saddle Ridge CC&Rs as an encumbrance. The Santa Fe Trails CC&Rs Do Encumber my Propertv The properties that are subject to the Santa Fe Trails CC&Rs are described in Exhibits A and B to those CC&Rs, located at pages 531 -534 of the recorded document (the last four pages of the CC&Rs). These properties include various lots, all of which are in Tract 85-10-1, pursuant to Map No. 13285. The lot numbers include Lot 99. The legal description of these properties matches the legal description in the grant deed for my Parcel B. As further confirmation, the title insurance policy for my property does list the Santa Fe Trails CC&Rs as an encumbrance. Pertinent Restrictions/Obligations Under The Santa Fe Trails CC&Rs Among other provisions, the Santa Fe Trails CC&Rs define "Common Area" as real property that "shall be conveyed in fee to the Association." Lot 98 is designated as "Common Area" in the "first phase." ( CC&Rs, ~ 1. 9.) Lot 99 is included among property that was to be part of a subsequent phase. (CC&Rs, ~ C and Exhibit B.) I have not seen any amended or supplementary CC&Rs, which is where [ would look to detennine if Lot 99 was designated as "Common Area" in a later phase. However, the fact that the definition of "Common Area" provides that it is property that was to be owned by the Association alone allows an argument that Lot 99 is not "Common Area" as defined by the CC&Rs. The Association has "the exclusive right and obligation to manage and administer the Common Area." (CC&Rs ~ 3.5(b )(13).) The Association is responsible for maintenance of the Common Areas. ( CC&Rs ~ 6.1.) Again, the fact that I, and not the Association, have been "managing and administering," and maintaining, Lot 99 indicates that this property is not "Common Area." However, to absolutely confinn whether Lot 99 was ever expressly designated as "Common Area," I asked the title company that provided my title insurance if there are any amendments or supplementary declarations in connection with these CC&Rs and they confirmed there are none. Other Easements For Fence Encroachments I should not be required to obtain an easement for my fence because I own both properties, but at least two other properties do have easements allowing them to extend their fence lines into Lot 99. It does not appear that these fence lines are extended as substantially as I seek to extend my fence line, but these easements do demonstrate that there is precedence for extending fences into the open space area. See the attached two easements (both of these are listed in my title policy as encumbrances against Lot 99). Recon;iing requested by: ) Leucadia Wastewater District ) When recorded mail to: Leucadia Wastewater District 1960 La Costa A venue Carlsbad, CA 92009-6810 For the benefits of the District ) ) ) ) ) SPACE ABOVE FOR RECORDERS USE ONLY ENCROACHMENT PERMIT NO. 2016-02 Assessor's Parcel L WD Location Code: 0963 No. 264-462-55-00 & 264-143-57-00 An encroachment permit is hereby issued to the "Pennittee" designated on Attachment A - Paragraph One, as the owner of the "Benefited Property" described on Attachment A -Paragraph Two, to encroach upon Leucadia Wastewater District ("Disttict") Easement or Property described on Attachment A -Paragraph Three ("District Property"), for the "Purposes" described on Attachment A -Paragraph Four and Attachment B. This encroachment permit only pertains to encroachment on the sewer easement dedicated to Leucadia Wastewater District and does not provide encroachment rights for any other agency with prior easement or property rights to the same area. Attachments A and B are hereby incorporated herein by this reference as though fully set forth at length. In consideration of the issuance of this encroachment permit ("Pennit"), Permittee hereby covenants and agrees, for the benefit of the District, as follows: 1. This covenant shall mn with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees, and assigns of District and Permittee. 2. Permittee shall use and occupy the District Property only in the manner and for the Purposes described in Attachments A and B. 3. By accepting the benefits herein, Pem1ittee acknowledges that all rights and obligations possessed by the District with respect to the District Property remain and continue in full force and effect and shall in no way be affected by the District's issuance of this Permit. 4. This Pennit may be revoked by the District in its sole discretion at any time, or abandoned by Permittee with prior written notice to the District. Pennittee shall remove any and all encroachments and fully restore the District Property prior to abandonment. The District shall mail written notice of revocation to Pennittee, addressed to the Benefited Property, which shall set fotth the date upon which the benefits of this Permit are to cease. 5. The improvements (also referred to as "encroachments") authorized by this Permit shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the Pennittee and its successors in interest without exception, including, Form 0413C Encroachment Permit Page 1 of3 but not limited to, any damages to, or arising from, the encroachment caused by the District's maintenance or construction requirements. Permittee is solely responsible for ensuring the structural integrity and safety of the encroachments and for obtaining necessary building permits or other agency permits. District's approval ofthis Permit is not au endorsement of the encroachments or a detennination regarding the adequacy of their design or whether they comply with any non-District codes or standards. 6. The Permittee shall at all times defend, indemnify and save the District and its officers, employees and agents (collectively "indemnified parties") free and harmless from, and pay in full, any and all claims, demands, losses, damages or expenses that an indemnified party may sustain or incur in any manner resulting from the construction, maintenance, state of use, repair or pmsence of the encroachment installed hereunder, including any loss, damage or expense arising out of (1) loss or damage to property, and (2) injury to or death of persons; including, without limitation, claims caused by the sole passive negligence or the concurrent negligent acts, etTors or omissions of an indemnified party, whether active or passive, excepting any loss, damage or expense and claims for loss, damage or expense resulting from the willful misconduct or sole active negligence of an indemnified patiy. 7. District is entitled to remove all, or a portion of, the Permittee's encroachment to repair, replace, or install public improvements. District shall have no obligation to pay for or restore Permittee's encroachments. 8. Whenever it is detennined by the District that the District Property cannot be economically used or maintained due to the presence of the encroachment, the District, in its sole discretion may revoke this Permit at which time Permittee shall remove all encroachments, or require Permittee to provide an alternate right-of-way and/or to relocate the District Pro~perty and facilities to a new alignment, all without cost or expense to the District. 9. Upon abandonment or revocation, Permittee shall, at no cost to the District, remove all improvements authorized by this Petmit and return District Property to its pre-permit condition within the time~ specified in the notice of revocation or prior to the date of abandomnent. 10. If Permittee fails to restore the District Property, the District shall have the right, after notice to the Permittee delivered at the Benefited Property, to restore the District Property to its pre-permit condition (including the removal and destruction of any encroachments or improvements) and Permittee agrees to reimburse the District for the costs incuned. 11. The Petmittee shall maintain a policy of liability insurance in a form and amount satisfactory to the District in order to protect the District from any potential claims which may arise from the encroachment. 12. If either party is required to incur costs to enforce the provisions of this covenant, the prevailing party shall be entitled to full reimbursement for all costs, including reasonable attorney's fees. 13. Permittee agrees that Permittee's duties and obligations under this covenant are a lien Form0413C Encroachment Permit Page 2 of3 ' . ----------~---~~ 0 upon the Benefited Property. Upon 30-day notice, and an opportunity to respond, the District may add to the tax bill of the Benefited Property any past-due financial obligation owing to Distlict arising hereunder. 14. Permittee recognizes and understands that this Permit may create a possessory interest subject to property taxation and that the Permittee may be subject to the payment or property taxes levied on such interest. 15. As a condition precedent to Permittee's right to go upon the District Property, this Permit must first be signed by the Permittee, notarized, executed by the District and recorded with the County Recorder of the County of San Diego. The recording fee shall be paid by Permittee. Approved and issued by the Leucadia Wastewater District in Carlsbad, California, this 13-+h day of roa...,_ __ , Q).O\(o. AGREED AND ACCEPTED: ~~aw~so"'"n __ ...... ,.... __ _ By:(__ l_ Sara Dawson ---NOTARIZATION REQUIRED--- ISSUED: L~~~J W ~SlEWA~~TRICf Jf/ A-' i.ric&:i, ---NOTARIZATION REQUIRED--- Form 0413C Date/ Date Dat7 I Encroachment Permit Page 3 of3 CALIFORNIA ALL-PURPOSE ACttNOWLEDQMI!NT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attaGhed, and not the truthfulness, accuracy, or validity of that document. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their slgnature(s) on the instrument the person(s), or the entity _upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. @ . . . Place Notary Seal Above ----------------~-------.----OPTIONAL--------------------------- Though this section Is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this· form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: ------·----- Number of P Signer(s) Other Than Named Above: ------------ Oapaclty(les) Claimed by · er(s) Signer's Name: ______ _;;~""---- 0 Corporate Officer -Title(s): ---~::--- 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Gu!:lrdlan or Conservator 0 Other:---------"---- Signer Is Representing: ---------- ~--~~B~ Signer's Name:------------ 0 Corporate Officer -Title(s): ------ 0 Partner -0 Limited 0 General Individual 0 Attorney in Fact 0 tee 0 Guardian or Conservator 0 Other. ~-----------­ Signer Is Re ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-6-6827) Item #5907 ' ' () 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of JIA lhif(J ) on lfuy 111 JO/ft before me, 1fwt f/iu k!y 1 tfdu.L tkJ&e , Date Here Insert Name an'i:J Title of the 6tticer personally appeared /u/ J dvt/tt Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/prt; subscribed to the within instrument and acknowledged to me that he/spe?tbe9 executed the same in his/t)er/thelf authorized capacity(ies), and that by his/befltheff signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. g iiiHIINIIIIIIllltiiHUHHUIIHIIIIHIIIIIIHIIIIIIIIHIIRUIIJ TIANNE ELISE BAITY COMM. 12073352 z Notary Public -California B San Diego County .. My Comm. ires July 30, 2018 HHHIIIIRIIIIIIRIIII~IIIUHHIIHRIIIIHHHIIIIHIIHUJ Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -------------------------------OPTIONAL-----------------------------Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document liS' I ~~~Nit .f/ 1 Title or Type of Document: fl}t/oat&qutl/ut1Lf Document Date: J./!_J"-c,f-'!1'-/1 ___ _ Number of Pages: Signer(s) Other Than Named Above: ------------- Capacity(ies) Claimed by Signer(s) Signer's Name:------------ U Corporate Officer -Title(s): ______ _ n Partner -n Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee L! Guardian or Conservator 0 Other: _____ _ Signer Is Representing:--------- Signer's Name:------------n Corporate Officer -Title(s): ------ 0 Partner -0 Limited D General U Individual LJ Attorney in Fact n Trustee n Guardian or Conservator 0 Other: Signer Is Representing: --------- ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ATTACHMENT A PAGE 1 011 1 TO ENCROACHMENT PERMIT NO. ~016-02 PARAGRAPH ONE: Permittee: Nicholas B. Dawson and Sara Dawson 1058 California Street Encinitas, CA 92024 PARAGRAPH TWO: Benefited Property: 264-462-55-00 & 264-143,-57-00 PARAGRAPH THREE: District Easement or Prop1erty; An existing 20-foot widl~ sewer easement per San Diego County Recorder's Office Document# 1995-0478273 recorded October 24, 1995. PARAGRAPH FOUR: Purpose: Encroachment includes the construction of 6-foot tall vinyl fence in an LWD sewer easement area. See Attachment B. Form 0413C Encroachment Permit Attachment A Page 1 of 1 'Tl 0 :::; ::! ~ w 0 t"I1 ;::! a D (') :::r' a a "' (l) g. ~ >-0::0 D (') O'O::;r' {1) s ~(I) o a ::tD I ) ' I \ \ ,, ; \, • .. " ., <- '· ·, --·~ ---!kp __ ~'\t ·,, ,,_ / '" -~ /20-foot wide LWD sewer ··easement per Document# ·' 1995-04 78273 recorded October 24, 1995 ------\ _, . r:~ I ~~ ' \ \ < .. ' I ~·"'"/. / ~:--: :2..., (1.-3 ~~ >t= n~ =~ ~2 ~..., Zt:C .-3~ ""';.... t:"1CJ ~trj ............ :::30 z~ 0,.... . .-3 0 !') 0 I-' 0' I 0 !') RECORDING RE<~UESTED BY & WHEN RECORDE;D RETURN TO: Olivenhain Municipal Water District 1966 Olivenhain Road Encinitas, California, 92024-5699 DOC# 2016-0245556 lllllllllllllllllllllllllillllllllllllllllllllllllllllllllllllllllllll May 19, 2016 04:27PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAt'-J DIEGO COUNTY RECORDER FEES: $45.00 PAGES: 11 (rhis space for recorder's usc) -------~-~ A.P.N. No. 26•1·143-57-00, 2G4-4G2-ii5-00 OLIVENHAIN MUNICIPAL WATER DISTRICT PRIVATE ENCROACHMENT PERMIT NO. 372 THIS ENCROACHMENT PERMIT No. 372 (hereinafter "Agreement") entered itito by and between the OLIVENHAIN MUNICIPAL WATER DISTRICT organized and existing pursuant to the Municipal Water District Act of 1911, California Water Code §71000, et seq. (hereinafter "DISTRICT"), and DAWSON FAMILY REVOCABLE TRUST DTD MARCI-l 6, 2013 (hereinafter "PERMITIEE"). R-E-C-1-T-A-L-S L The DISTRICT presently holds title to easements more particularly described in the DISTRICT's Document No. 330, recorded June 6, 1977 as File/Page 77-218563 and Documem No. 387, recorded September 19, 1978 as File/Page 78-397999, Official Records, San Diego County, not attached hereto, but incorporated herein by reference. 2. PERMITTEE desires to encroach upon these easements. 3. PERMJTTEE is the owner of property described in Exhibit "A" attached hereto. 4. The parties agree that PERMITTEE shall be entitled to encroach upon these easements only to the extent and in the manner specified in this Agreement. No other encroachments shall be allowed without the express prior written consent of the DISTRICT. C-0-V-E-N-A-N-T-S 1. Permission to Encroach on Easements: PERMITTEE is hereby granted permission to encroach upon the easements referred to above in the manner specif1ed in Exhibit "8" subject to all conditions specified in Exhibit "8" and subject to all terms of this Agreement. 2. Limitations of Rights Granted to PERMITTEE: Rights being granted to PERMITTEE in accordance with this Agreement shall extend only to such rights as the DISTRICT may grant to PERMITTEE in accordance with the terms of the easements presently held by DISTRICT. PERMITTEE shall be solely responsible for verifying that the rights being granted by DISTRICT may be granted to PERMITTEE in accordance with the terms ofthe DISTRICT's easements. 3. Construction of Encroachment: PERMITTEE shall be solely responsible for all fees, costs, and expenses of whatever type or nature associated with construction of the encroachment. The DISTRICT shall be notified at least forty-eight (48) hours prior to commencement of construction of the encroachment and shall be permitted to inspect and approve all encroachment construction. All encroachment construetion shall be carried out as specified by the DISTRICT, in its sole discretion. 3.1. PERMITTEE shall pay all costs of the DISTRICT's, including, but not limited to, the costs of inspection, administration, legal fees, and engineering relating to the construction and exercise of permission granted to PERMITTEE by this Agreement. 4. Maintenance of Encroachment Facilities and Area: PERMITTEE shall maintain the encroachment facilities and encroachment area at all times in a safe, sanitary, and good condition at PERMITTEE's sole cost and expense. PERMITTEE shall promptly perform all maintenance and repair of the facilities and encroachment area requested by the DISTRICT from time to time, in its sole discretion. 5. Protection of DISTRICT Facilities in Encroachment Area: All facilities of the DISTRICT in the encroachment area shall be protected by PERMITTEE as directed by the DISTRICT from time to time, in its sole discretion. Encroachment Permit No. 372 2 of6 pages 6. Payment for all Damages and Expenses Caused by Encroachment: PERMJTIEE shall pay for all damages, of whatever type or nature, which may occur to the DISTRICT'S easement or facilities within the easements as a result of construction, maintenance, use, repair, removal, or relocation of PERMlTTEE's facilities. 6.1. PERMiTTEE shall also pay for all fees and costs incurred by the DISTRICT to remove, demolish, or relocate PERMITTEE's facilities in order to repair, maintain, replace, relocate, o1· remove DISTRICT's facilities in the casements or to install new facilities in the easements as the DISTRICT may determine in its sole discretion. 6.2. Should the DISTRICT determine that PERMITTEE's facilities must be relocated, as the DISTRICT may determine in its sole discretion, PERMITTEE shalt pay all fees and costs to remove and relocate these facilities. 6.3. All such payments shall be made within thirty (30) consecutive days follmving receipt of a written demand from the DISTRICT. The written demand shall specify the amount due and the type of losses or expenses incurred. Any amounts not received by the DISTRICT within this thirty (30) consecutive day period shall earn interest at the maximum rate authorized by Califomia law. 7. Indemnity: PERMITTEE hereby agrees to hold harmless, defend and indemnify the DISTRICT and its agents, servants, employees, consultants, and officers from any and all claims, actions, liability, losses, costs, damage, or expense of whatever type or nature to any persons, entities, or property caused by, or claimed to be caused, in whole or in part, by the construction, maintenance, repair, replacement or use of the encroachment facilities or encroachment areas except claims caused by the sole active negligence or intentional misconduct of the DISTRICT or its agents or employees. This indemnity shall include all DISTR1CT's attorney's fees, expett fees and costs, and court costs if the D!STR.1CT is named as a party in any litigation related to the encroachment. 8. DISTRICT not Liable for Damage to Encroachment or Encroachment Area: The DISTRICT shall not be liable for any damages whatsoever to the encroachment facilities or encroachment area related in any way to the DISTRICT's continued use of the easements or as a result of the Encroachment Permit No. 372 3 of6 pages DISTRICT's construction, use, repair, replacement, or relocation of any DISTRICT facilities within the easements. 9. Other Uses Forbidden: PERMITTEE is limited to the specific encroachment area and facilities granted by this Agreement. No other encroachment is permitted without the express priot· written consent of the DISTRICT. 10. Prior Rights: This Agreement shall not alter, modify, or terminate, in any way, any of the prior rights of DISTRICT to use of the easements in accordance with its tenm. PERMITTEE shall not be considered as acquiring any permanent interest of any kind or nature in the easements which is inconsistent with the rights of the DISTRICT. 11. General Conditions: The encroachment shall be subject to each of the following general conditions (where applicable): 1 U. A minimum vertical clearance of four (4) feet shall be maintained between the DISTRICT's facilities and the approved encroachment facilities. 11.2. A minimum horizontal clearance cover of fifteen (15) feet shall be maintained between the DISTRICT's facilities and the approved encroachment facilities. 11.3. The existing ground level over the DISTRICT's facilities shall not be changed without the prior written consent of the DISTRICT. 11.4. No blasting shall be permitted without the prior inspection and approval of the DISTRICT. 11.5. Heavy equipment is not permitted on the easements without DISTRICT notification and approval. 12. Termination: Violation of any of the terms of this Agreement by PERMJTIEE shall constitute a material breach of this Agreement entitling the DISTRICT to unilaterally terminate this Agreement by written notice to PERMITTEE, in addition to all other relief afforded by applicable law. Upon receipt of notiee of termination from the DISTRICT, PERMITTEE shall promptly remove all Encroachment Permit No. 372 4 of6 pages encroachment facilities and restore the encroachment area in the manner directed by the DfSTR!CT, in its sole discretion. All fees, costs, and expenses of removal and restoration shall be paid solely by PERMITTEE. 13. Agreement as Covenant Running with Land and Binding on Successors: The parties expressly agree that this Agreement shall be construed as a valid and binding equitable servitude and covenant running with the land which shall be binding upon the heirs, personal representatives, successors, assigns, oc transferees of the parties hereto. The parties expressly waive the right to challenge the enforceability of this Agreement as a legal and binding equitable servitude and covenant running with the land in any subsequent arbitration or litigation between tbe parties or their successors. 14. Attomey's Fees: In the event of any legal or equitable proceeding to enforce or interpret the terms or conditions of this Agreement, the prevailing party shall be entitled to all reasonable attorney fees and court costs in addition to such other relief as may be afforded by applicable law. 15. Law Applied: The validity, interpretation, construction, and perfom1ance of this Agreement shall be construed under the laws of the State of California and the applicable rules and regulations ofthe DISTRICT. 16. Venue: In the event of any arbitration or litigation to interpret or enforce the tenns of this Agreement, venue shall lie only in the state or federal courts in or nearest to the North County Judicial District, County of San Diego, State of California. 17. No Warranties: There are no warranties or representations of any kind being made. 18. Modification: This Agreement shall not be altered in whole or in part except by a modification in writing executed by both parties to this Agreement. 19. Meaning of "PERMITTEE": The word PERMITTEE as used in this Agreement shall mean the PERMITTEE or any person or entity deriving any interest in this encroachment permit from PERMITTEE or its successors-in-interest. 20. Attorney Representation: The PERMITTEE acknowledges that this Agreement has been prepared by the Law Offices ofNossaman LLP, who represents only the DISTRICT. The PERMIITEE is Encroachment Permit No. 372 5 of6 pages hereby notified to seek the advice of independent counsel concerning this Agreement and its terms. PERivHTTEE acknowledges that PERMITTEE has had the opportunity to do so prior to executing this Agreement. 21. Effective Date: The effective date ofthis permit is _,_t.._1_· 1_1_Y_I 2 __ , 20 J!:!_. 22. Board of Director's Approval: This Agreement is executed by the DISTRJCT pursuant to Board action of i'-'!f}Y II , 20 I h. Dated:~' 20_/l;z- Dated: ffiC\~ \?, 20Jit_ "DISTRICT" OLTVENHAJN MUNICIPAL WATER DISTRICT ~. By. ff~ K 1berly A. Thorner General Manager "PERMITTEE"* DAWSON F AML Y TRUST DTD MARCH 6. 2013 By: ~· By: *PERMITTEE'S SIGNATURE MUST BE NOTARIZED WITH NOTARY SEAL. Encroachment Permit No. 372 6 of6 pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Son ]) i tJ 0 On '{Y\ ~\) Ill U i G before me, Date personally appeared ' _) ' ) ) Ter-eS v--L, ( b t{S'e 1 ./()ttforc~ PvW! ( ~· Here Insert Name and Tifte of the Offlcer 7hc7Y fler' Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persop{S) whose nam~) is?afe subscribed to the within instrument and acknowledged to me that ~/sheftM'ey executed the same in h}S!her/t~ir authorized capacityQ~}. and that_9,Y ~!her/;lfeir signatuye{s) on the instrument the persol;I{S}, or the entity _upon behalf of whicfl the perso_)){S) acted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS ------------------------------OPTIONAL--------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ------------ Capacity(les) Claimed by Signer(s) Signer's Name: 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:-----·---------- Signer Is Representing: --------- Signer's Name:------------ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: -------------- Signer Is Representing: --------- ©2014 National Notary A..c;sociation • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA All-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Date personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALlY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above -------------------------------oPTIONAL------------------------------ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this· form to an unintended document. Description ached Document Title or Type of Doc nt: Document Date: _______ _ Number of Pages: ___ i ner(s) Other Than Named Above: ------------- Capacity(ies) Claimed by Signer(s Signer's Name:----------~...,.-- 0 Corporate Officer -Title(s): -------"'"-<; 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Gw;trdian or Conservator 0 Other:--------------Signer Is Representing: ________ _ Signer's Name:------------ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General dividual 0 Attorney in Fact 0 Tr ee 0 Guardian or Conservator 0 Other: ~-----------­ Signer Is Re ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" Sheet 1 of 1 Legal Description A PORTION OF LOT 19 ALONG WITH THE EAST HALF OF LOT 14 AND A PORTION OF THE WEST HALF OF LOT 14 ALL BEING IN RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEROF NO. 848 FILED IN THE OFFICE OF THE RECORDED OF SAID SAN DIEGO COUNTY, JUNE 27, 1898 l. Encroachment Facilities: EXHIBIT "B" Sheet 1 of 2 A. 6-foot vinyl fence with posts at 8'-0" on center B. 2-16-foot vinyl gates (2-8 foot panels) at locations shown on Exhibit "!3" Sheet 2 of 2 C. Irrigation lines D. Future mulch or artificial turf over the encroachment area E. 4-inch perforated PVC drainage pipe wrapped in fabric as shown on Exhibit 'B' Sheet 2 of 2. Drainage pipe will be placed in a J 2-inch wide x 18-inch deep trench. Drainage pipe will be placed on a gravel bed. 2. Encroachment Area: The encroachment facilities encroach upon District Easement No. 330 and 387 as shown on Exhibit "B" Sheet 2 of2 3. Special Conditions of Encroachment: A. No fence post shall be placed within 5 feet of the centerline of the DISTRICT pipeline. B. No encroachment facilities other than those identified in this encroachment permit shall be placed within the DISTRICT's easements without the DISTRICT's prior written approval. C. The gates located along the DISTRICT easements shall not be secured. DISTRICT requires 24 hour/7 days a week unimpeded ingress and egress access to the easement areas. D. The DISTRICT shall not be responsible for the replacement of encroaching facilities placed within the easement areas should they be required to be removed for installation, construction, repair, relocation or maintenance of DISTRICT facilities or any other work undertaken at the sole discretion of the DISTRICT. E. No irrigation control valves shall be placed within the limits of the DISTRICT easements. All irrigation lines shall be placed perpendicular to DISTRICT facilities. F. No trees or bushes shall be planted within the DISTRICT easements. ?ASGlO \ lA '/.CO \ P~oro5f:J) ·peNCi!JG __ _... ...... I --· .-::. ... .f1'X~\\t3r-f "'\3H 5\-\--1. 2 oP Z. --t---1..--3 0 I 0 M VJ GASESHg._r{ \ \ \ \ \ 'l /'Jo.3B7 c"!JSI. '30 11 0 Hv\I'D ?·re6.-'PiP6L-H~e.. ED B-Fool GA -res 1 "T'I p. ~ of'e:NJNb) IDS"B CAL-i~NfA ST . AfN 2.01-1-ii.f3~57~oo 3D 10HW {3t5erl N1 No.3 30 stevvart title Barbara J Richardson Title Officer Order No. Title Unit No. Your File No. Buyer/Borrower Name Seller Name PRELIMINARY REPORT 01180-126746 7033 441-1400580-LB Nicholas Dawson and Sara Dawson Erbin B Keith and Melissa W Keith Property Address: 1 058 California Street, Encinitas, CA Stewart Title of California, Inc. 7676 Hazard Center Dr 14th Floor San Diego, CA92108 Phone(619)692-1600 Fax BRTeam@stewart.com In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Stewart Title Guaranty Company 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 referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report, (and any supplements or amendments thereto) 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. Dated as of December 04, 2014 at 7:30a.m. Barbara J Richardson, Title Officer When replying, please contact: Barbara J Richardson, Title Officer File No.: 01180-126746 Prelim Report SCE Update No.2 Page 1 of 12 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: D CLTA Standard Coverage Policy IBl CLTA/ALTA Homeowners Policy D 2006 ALTA Owner's Policy IBl 2006 ALTA Loan Policy D ALTA Short Form Residential Loan Policy D SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report i~: A fee as to Parcel(s) A and B. An easement more particularly described below as to Parcel(s) A 1, A2, A3 andA4. Title to said estate or interest at the date hereof is vested in: Erbin B. Keith and Melissa W. Keith, husband and wife as community property, as to Parcel A and Erbin B. Keith, as Trustee of the Erbin B. Keith descendants Trust, as to Parcel B File No.: 01180-126746 Prelim Report SCE Page 2 of 12 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, City of Encinitas and described as follows: Parcel A: Parcel 1 of Parcel Map No. 13491, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, September 20, 1984. Parcel A1: An easement for ingress and egress and for roadway and utility purposes including but not limited to sewer, water, gas, electric, telephone and cable television lines and appurtenances thereto together with the right to construct and maintain said roadway and utilities over, under, along and across that portion of Parcel 1 and 2 of Parcel Map No. 13491, in the County of San Diego, State of California, Filed in the Office of the County Recorder of San Diego County, September 20, 1984, described as follows: Beginning at the most Southerly corner of said Parcel 2; said point being also the most Westerly corner of Parcel4 of said Parcel Map No. 13491; thence along the boundary of said Parcel 2, North 23 12'52" East, 148.23 feet; thence North 54 47'36" West, 40.90 feet to the most Easterly corner of Parcel 3 of said Parcel Map No. 13491; thence South 23 12'52" West, 148.23 feet to the most Southerly corner of said Parcel 3; thence South 54 47'36" East, 40.90 feet to the point of beginning. Excepting therefrom that portion lying within parcel a above. Parcel A2: An easement for private sewer lines, together with the right to construct, and maintain over, under, along and across the Westerly 10.00 feet of Parcel 2 of Parcel Map No. 12676, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 21, 1983. Parcel A3: An easement for ingress and egress and utilities over, under, along and across the Northerly 28.00 feet of Parcels 2 and 3 of parcel map no. 12676, in the County of San Diego, State Of California, filed in the Office of the County Recorder of San Diego County, April 21, 1983. Parcel A4: An easement for sewer purposes, together with the right to construct and maintain, over, under, along and across that portion set forth on said Parcel Map No. 13491 as "Proposed 1 0' private sewer easement". Excepting that portion within Parcel 3 of said Parcel Map 13491. Parcel B: Lot 99 of Carlsbad Tract No. 85-10-1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13285, filed in the Office of the County Recorder of San Diego County, January 16, 1996. APN: 264-143-57-00 and 264-462-55-00 (End of Legal Description) File No.: 01180-126746 Prelim Report SCE Page 3 of 12 SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained In said policy or policies would be as follows: Taxes: A. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2014-2015: 1st Installment $4,635.45 Paid 2nd Installment $4,635.45 Open Parcel No. 264-143-57-00 Code Area 19424 Said matter affects: Parcel A. B. An assessment by the improvement district shown below: Assessment (or Bond) No : 0000 Series : 96-1 District : Olivenhain Municipal Water District For : Levy and drainage maintenance Bond issued : October 4, 1996 OriginaiAmount : $741.04 Said assessment is collected with the county/city property taxes. Said matter affects: Parcel 3. C. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2014-2015: 1st Installment $34.96 Paid 2nd Installment $34.96 Open Parcel No. 264-462-55-00 Code Area 09188 Said matter affects: Parcel B. D. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California. E. Assessments, if any, for Community Facility Districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. Exceptions: The Following Items Affects Parcel A 1. Easements and rights of way for road and public utilities and incidental purposes, over, under, along and across those easement parcels herein described, as conveyed and reserved by various deeds of record. 2. An irrevocable offer to dedicate real property for public right of way purposes, dated June 15, 1977 in favor of the County of San Diego, upon the terms and conditions contained therein, recorded June 27, 1977 as File No. 77-254853 of Official Records. File No.: 01180-126746 Prelim Report SCE Page 4 of 12 Reference is made to said instrument for further particulars. 3. A Declaration of Covenants for street improvements, dated July 1, 1977, upon the terms, covenants and conditions contained therein, executed by and between the Louis Burzycki, trustee for Edmond Burzycki, under trust agreement dated December 20, 1963, as to an undivided 55 percent interest; Kenneth R. Kilpatrick and Patricia 0. Kilpatrick, husband and wife as joint tenants, as to an undivided 25 per cent interest; Thomas G. Miller and Sally J. Miller, husband and wife as joint tenants, as to an undivided 20 per cent interest and County of San Diego, recorded July 6, 1977 as File No. 77-268940 of Official Records. 4. An easement for a pipeline or pipelines and rights incidental thereto in favor of Olivehain Municipal Water District as set forth in a document recorded June 6, 1977 as Instrument No. 77-218563 of Official Records, affects said land. Reference is made to said document for full particulars. 5. An easement for the transmission and distribution of electricity, for all purposes for which it may be used, underground facilities consisting of conduits, manholes, handholes and junction boxes with wires and cables placed therein and aboveground structures consisting of pads, transformers, and other aboveground structures necessary for the operation of said underground facilities and all miscellaneous equipment and material connected therewith, together with the right of ingress thereto and egress therefrom and rights incidental thereto in favor of San Diego Gas and Electric Company as set forth in a document recorded June 20, 1978 as Instrument No. 255806 of Official Records, affects said land. Reference is made to said document for full particulars. 6. A Declaration of Covenants for street improvements, dated December 13, 1982, upon the terms, covenants and conditions contained therein, executed by and between Thomas D. Elliott and Nancy M. Elliott and County of San Diego, recorded April 5, 1983 as File No. 83-108001 of Official Records. 7. An easement for public utilities, ingress and egress and rights incidental thereto in favor of San Diego Gas and Electric Company as set forth in a document recorded August 17, 1983 as Instrument No. 83-289469 of Official Records. affects the exact location of the easement is not disclosed by the instrument. Reference is made to said document for full particulars. 8. The terms, conditions and easements, if any, set forth in a Road Maintenance Agreement recorded July 24, 1984 as File No. 84-279653 of Official Records. 9. Improvement requirements as set forth on said parcel map no. 13491. 10. An easement for the transmission and distribution of electricity and for all other purposes connected therewith, and also for pipelines for the transmission and distribution of gas, together with their necessary fixtures and appurtenances and rights incidental thereto in favor of San Diego Gas and Electric Company, a corporation as set forth in a document recorded November 27, 1984 as Instrument No. 84-441726 of Official Records, affects the exact location of the easement is not disclosed by the instrument. Reference is made to said document for full particulars. 11. A proposed 10 foot private sewer easement as delineated and designated on Parcel Map 13491. 12. Solar note: all lots within this subdivision have a minimum of 100 square feet of solar access for each existing and/or proposed dwelling unit as required by Section 81.401 (n) of the Subdivision Ordinance. File No.: 01180-126746 Prelim Report SCE Page 5 of 12 13. An easement for underground facilities and appurtenances for the transmission and distribution of electricity, communication facilities, and appurtenances, grantee also has the right of ingress and egress and rights incidental thereto in favor of San Diego Gas and Electric Company, a corporation as set forth in a document recorded November 7, 1985 as Instrument No. 85-419843 of Official Records, affects said land. Reference is made to said document for full particulars. 14. An easement for either or both pole lines, underground conduits and incidental purposes together with the right of ingress and egress thereto in favor of Pacific Telephone and Telegraph Company as set forth in a document recorded April 23, 1986 as Instrument No. 86-157250 of Official Records, affects said land. Reference is made to said document for full particulars. 15. An easement and right of way for ingress and egress and for roadway and utility purposes including but not limited to sewer, water, gas, electric, telephone and cable television lines and appurtenances thereto together with the right to construct and maintain said roadway and utilities and rights incidental thereto as set forth in a document recorded September 30, 1986 as Instrument No. 86-436450 of Official Records, affects said land. The rights of others to use said easement as conveyed or reserved in various other instruments of record. 16. An agreement between the Olivenhain Municipal Water District and Thomas Harden, an individual, the owner, recorded March 3, 1987 as File No. 87-111394 of Official Records, relating to the installation, maintenance and possible removal of wood fence and gate, subject to the terms, covenants and conditions contained therein. Reference is made to said instrument for further particulars. 17. An easement and right of way for sewer purposes, together with the right to construct and maintain and rights incidental thereto as set forth in a document recorded March 18, 1987 as Instrument No. 87-140833 of Official Records, affects said land. The rights of others to use said easement as conveyed or reserved in various other instruments of record, over, under, along and across. 18. An easement for underground communication facilities, and appurtenances, pipelines and appurtenances for any and all purposes, together with the right of ingress thereto and egress therefrom and rights incidental thereto in favor of San Diego Gas and Electric Company as set forth in a document recorded August 31, 1995 as Instrument No. 1995-0386940 of Official Records, affects said land. Reference is made to said document for full particulars. 19. Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount Dated Trustor Trustee Beneficiary Recorded Loan No. $180,000.00 January 24, 2004 Erbin B. Keith and Melissa W. Keith, husband and wife as community property First American Title Insurance Company Lasalle Bank N.A. February 11, 2004 as Instrument No. 2004-0109466 of Official Records 7402393131 20. Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations File No .. 01180-126746 Prelim Report SCE Page 6 of 12 secured thereby: Amount Dated Trustor $656,540.00 September 22, 2011 Erbin B. Keith and Melissa W. Keith, husband and wife as community property Fidelity National Title Insurance Company Wells Fargo Bank, N.A. Trustee Beneficiary Recorded September 30, 2011 as Instrument No. 2011-0510507 of Official Records Loan No. 0328243746 21. Matters which may be disclosed by an inspection or by a survey of said land satisfactory to this Company or by inquiry of the parties in possession thereof. The Following Items Affects Parcel B 22. An easement for county road and rights incidental thereto in favor of the County of San Diego as set forth in a document recorded August 4, 1898, in Book 272, Page 86 of Deeds. The exact location of the easement is not disclosed by the instrument. 23. An easement for road and rights incidental thereto in favor of Alwin Wiegand and Frieda C. Wiegand, husband and wife as set forth in a document recorded May 22, 1958, in Book 7091. Page 361, of Official Records, affects a portion of the herein described land. 24. An easement for pipelines, ingress and egress and rights incidental thereto in favor of Olivenhain Municipal Water District as set forth in a document recorded September 19, 1978 as Instrument No. 78-397999, of Official Records, affects a portion of the herein described land. Said easement has been granted and reserved in various deeds of record. 25. The terms and provisions contained in the document entitled Agreement Regarding Seer Service, executed by and between Leucadia County Water District, a County Water District and Rice Family Trust, Dr. Maurice Rice, Trustee, recorded December 14, 1981 as Instrument No. 81-390654, of Official Records. 26. The terms and provisions contained in the document entitled Agreement Regarding Payment of a Public Facilities fee for Inside the Boundaries of Community Facilities District No. 1, executed by and between Rice Enterprises and the City of Carlsbad, a municipal corporation, recorded July 28, 1993 as Instrument No. 1993-0482986, of Official Records. 27. An Instrument entitled Petition, Waiver and Consent to Creation of a Community Facilities District and Agreement to Pay Fair Share CT-85-10 Rice Property was recorded August 22, 1995 as Instrument No. 1995-036957 4, of Official Records. 28. An easement for sewer pipeline or pipelines together with the right of ingress and egress and rights incidental thereto in favor of Leucadia County Water District, a political subdivision as set forth in a document recorded October 24, 1995 as Instrument No. 1995-0478273, of Official Records, affects a portion of the herein described land. 29. The terms and provisions contained in the document entitled Hold Harmless Agreement, executed by and between Centex Real Estate Corporation, a Nevada Corporation and the City of Carlsbad, recorded November 27, 1995 as Instrument No 1995-534989, of Official Records. 30. The terms and provisions contained in the document entitled Agreement Regarding Grading and Construction of Roadway Improvements, executed by and between Centex Real Estate Corporation, a Nevada Corporation and Dan Shelley, recorded December 5, 1995 as Instrument No. 1995-0551131, of Official Records. File No.; 01180-126746 Prelim Report SCE Page 7 of 12 31. The terms, Provisions and Easement(s) contained in the document entitled "Easement Agreement", recorded December 5, 1995 as Instrument No. 1995-0551132, of Official Records. 32. Abutter's rights of ingress and egress to or from Rancho Santa Fe Rod, have been dedicated or relinquished on the filed Map. 33. The following matters shown or disclosed by the filed or recorded Map referred to in the legal description: A perpetual easement for open space in favor of the City of Carlsbad, as dedicated on the Map of said Tract which provides among other things, that the following shall be performed only as permitted by a special used permit: Excavation, grading or filling of said land; construction of buildings, structures or other things whatsoever upon said land; use of said land for other than open space and park or recreational purposes. 34. The terms and provisions contained in the document entitled Agreement to Improve Subdivision Sewers, executed by and between Leucadia County Water District and Centex Real Estate Corporation dba: Centex Homes, recorded December 8, 1995 as Instrument No. 1995-0559108, of Official Records. 35. The Terms, Provisions and Easement(s) contained in the document entitled "Agreement Regarding Cable Television Construction Wiring and Easement", recorded April 1, 1996 as Instrument No. 1996-0159970, of Official Records. The Location of the easement cannot be determined from record information. 36. Matters in an instrument which, among other things, contains or provides for assessments, liens and the subordination thereof, provisions relating to the partition, restrictions or severability of component interests, Covenants, Conditions and Restrictions, provides for use of common areas, certain easements, and a provision that any violation thereof shall not defeat or render invalid the lien of a mortgage or deed of trust made in good faith and for value, but omitting any Covenant, Conditions and Restriction, if any, based on race, color, religion, sex, handicap, familial status, or national origin, sexual orientation, marital status, ancestry, disability or unless and only to the extent that the Covenant, Conditions and Restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. Recorded: September 17, 1996 as Instrument/File No. 1996-0474128 of Official Records Note: Section 12956.1 of the Government Code provides the following: if this document contains any restrictions based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to Subdivision (c) of Section 12956.1 of the Government Code. 37. The terms and provisions contained in the document entitled "Petition, Waiver and Consent to Creation of a Community Facilities District and Agreement to Pay Fair Share", recorded February 5, 1997 as Instrument No. 1997-0050367, of Official Records. 38. The condition that the property shall be used for the sole purpose of providing, construction and maintaining Affordable Housing, as more fully defined therein, and upon the terms, covenants and conditions in that certain document recorded May 6, 1997 as Instrument No. 1997-0209385, of Official Records. 39. An easement for the construction and maintenance of sanitary sewer and storm drain facilities and rights incidental thereto in favor of 2728 Holding Corporation, a Nevada Corporation, who File No.: 01180-126746 Prelim Report SCE Page 8 of 12 acquired title as Centex Real Estate Corporation, a Nevada Corporation as set forth in a document recorded May 12, 1997 as Instrument No. 1997-0218584, of Official Records. Said easement has been granted and reserved in various deeds of record. The exact location of the easement is not disclosed by the instrument. 40. An easement for sewer and rights incidental thereto in favor of Leucadia County Water District, a Governmental entity and its successors and assigns as set forth in a document recorded December 18, 2000 as Instrument No. 2000-0688416, of Official Records, affects a portion of the herein described land. 41. An easement for public drainage and rights incidental thereto in favor of City of Carlsbad, a municipal corporation as set forth in a document recorded January 23, 2001 as Instrument No. 2001-0038574, of Official Records,affects a portion of the herein described land. 42. An easement for fenceline and rights incidental thereto in favor of Michael Henry Geven and Janet Barbara Greven, Trusters/Co-Trustees of the Michael Henry Greven and Janet Barbara Greven Revocable Trust dated December 29, 1997, its successors, or assigns as set forth in a document recorded June 1, 2006 as Instrument No. 2006-0388267, of Official Records, affects a portion of the herein described land. Said easement has been granted and reserved in various deeds of record. 43. An easement for fence line and rights incidental thereto in favor of Kevin Allin and Gina A. Allin, Trustees of the Allin Family Trust dtd January 7, 2004, its successors, or assigns as set forth in a document recorded August 27, 2009 as Instrument No. 2009-0482261, of Official Records, affects a portion of the herein described land. Said easement has been granted and reserved in various deeds of record. 44. Please be advised that our search did not disclose any open deeds of trust of record. If you should have knowledge of any outstanding obligation, please contact your title officer immediately for further review. 45. Matters which may be disclosed by an inspection or by a survey of said land satisfactory to this Company, or by inquiry of the parties in possession thereof. 46. Rights or claims of parties in possession and easements or claims of easements not shown by the public records, boundary line disputes overlaps, encroachments, and any matters not of record, which would be disclosed by an accurate survey, and inspection of the land. 47. If title is to be insured in the trustee(s) of a trust or their act is to be insured, we will require a full copy of the trust agreement and any amendments thereto. In certain situations the Company may accept a Trust Certificate, pursuant to Section 18100.5 of the California Probate Code in lieu of the trust agreement. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 48. Any invalidity or defect in the title of the vestees in the event that the trust referred to in the vesting portion of Schedule A is invalid or fails to grant sufficient powers to the trustee(s) or in the event there is a lack of compliance with the terms and provisions of the trust instrument. 49. We will require a Statement of Information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matter which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances the1·eon. Parties: All File No.: 01180-126746 Prelim Report SCE Page 9 of 12 (Note: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file). Typist/rev. H.P. 12-09-14 (End of Exceptions) File No.: 01180-126746 Prelim Report SCE Page 10 of 12 NOTES AND REQUIREMENTS A. There are no conveyances affecting said land, recorded with the County Recorder within 24 months of the date of this report. B. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement 100 and 116, indicating that there is located on said land a Single Family Residence known as and a Vacant Land as APN No. 264-462-55, California (As to parcel B), to an extended coverage policy. File No.: 01180-126746 Prelim Report SCE Page 11 of 12 Order No.: 01180-126746 Escrow No.: 01180-126746 EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, City of Encinitas and described as follows: Parcel A: Parcel 1 of Parcel Map No. 13491, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, September 20, 1984. Parcel A1: An easement for ingress and egress and for roadway and utility purposes including but not limited to sewer, water, gas, electric, telephone and cable television lines and appurtenances thereto together with the right to construct and maintain said roadway and utilities over, under, along and across that portion of Parcel 1 and 2 of Parcel Map No. 13491, in the County of San Diego, State of California, Filed in the Office of the County Recorder of San Diego County, September 20, 1984, described as follows: Beginning at the most Southerly corner of said Parcel 2; said point being also the most Westerly corner of Parcel 4 of said Parcel Map No. 13491; thence along the boundary of said Parcel 2, North 23 12'52" East, 148.23 feet; thence North 54 47'36" West, 40.90 feet to the most Easterly corner of Parcel 3 of said Parcel Map No. 13491; thence South 23 12'52" West. 148.23 feet to the most Southerly corner of said Parcel 3; thence South 54 47'36" East, 40.90 feet to the point of beginning. Excepting therefrom that portion lying within parcel a above. Parcel A2: An easement for private sewer lines, together with the right to construct, and maintain over, under, along and across the Westerly 10.00 feet of Parcel 2 of Parcel Map No. 12676, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 21, 1983. Parcel A3: An easement for ingress and egress and utilities over, under, along and across the Northerly 28.00 feet of Parcels 2 and 3 of parcel map no. 12676, in the County of San Diego, State Of California, filed in the Office of the County Recorder of San Diego County, April 21, 1983. Parcel A4: An easement for sewer purposes, together with the right to construct and maintain, over, under, along and across that portion set forth on said Parcel Map No. 13491 as "Proposed 1 0' private sewer easement". Excepting that portion within Parcel 3 of said Parcel Map 13491. Parcel 8: Lot 99 of Carlsbad Tract No. 85-10-1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13285, filed in the Office of the County Recorder of San Diego County, January 16, 1996. APN: 264-143-57-00 and 264-462-55-00 (End of Legal Description) Branch :SRC,User :1007 SAN DIEGO,CA Document: Parcel Map· DociD 13491 Order: 126 746 Title Officer: BR Comment: Station ld :C18U Page 2 of2 .. ;~~~ ' .. ~~ ~ ~ ... i: r · 9DIII~~~m u ~= 0 ••. 'I 11;191 ~ I R!lll;l Q l: I le & u ~;u ~ . r·~ ~~ "II u· il11iri h~ I ·~~ "' til . jl; ~~i . i t• lo. i I H ~ • lJ 'I ' '!I'~ ~~ !i ~ '. • f ~ ~ .., l~,~'!! !j ~~ 3 ~t "' n ~i ~ f!Jj w~ ~~ n .. ,, . a ~ "'U )> ::0 0 rn r a:: ~ ., ~ ..... u.a b ..0 ...... Printed on I 0/3/2014 8:41 :28 AM WY gs;:ol>':g l>'LOV£/OiliO JXllU!l<J .. .. I . . . ::iiii· I 17!"1>9Z d\r'W-'MOSS3SSV :m.,wn:>OQ V.:>'09310 NYS ! ... II i I ~' .. ~ ~· II 1: N I -. i! .. i~ . ' ... ~ I~~~§ ~~-3 C"'J . r;r .. ~-• .t ---------- ··----------. ----~-----------------------------·-------~---~ ~~J>O (J.;j/ ?-;::;;~mf £}\u ~ jr: -.~IISRSU$ .. , : 2 SIR~ 254 -48 ~ . i, SHT 3 Of 3 ~~===~~--~~~"''----~J..; , .. "' 100' .. , ..,..... ,... "'-"" <41Vx ~6!1 g ::1:52135-CARlSBAD TCT NO 85-10-' SHT 1 J\I!U 819W..J I II II I A c i I • I 'I • I If il • I i ... i:i 'J i >( ! i II! ~ i -~ ! ~ r ·i I . r l ;. I ~ ,._ -·~::::.:.·. ... ~-.r -;~ .. ;.~ . ; •• • • ~-:-::----;--. ·---• _;;;. --. stewart title Barbara J Richardson Title Officer December 30, 2014 Attn: Larissa Berkheimer litle365 SUPPlEMENTAL REPORT Supplemental No. One 2111 Palomar Airport Rd Ste 130 Carlsbad, CA 92011 Order No. Your Reference No. Property Address: Buyer/Borrower Name 7033-01180-126746 -441-1400580-LB 1058 California Street, Encinitas, CA Nicholas 8 Dawson and Sara Dawson Stewart Trtle of California. Inc. 7676 Hazard Center Dr 14th Floor San Diego, CA 92108 Phone (619) 692-1600 Fax BRTeam@stewart.com Supplementing our original report dated December 04, 2014, any amendments thereto, and other supplemental reports, or any policies or endorsements thereto, previously issued, regarding the above numbered title order, we advise you of the following: Please be advised that based on information in our possession the proposed insured will be First Choice Loan Services, Inc., its successors and/or assigns as their interest may appear, and the proposed loan amount will be $546,250.00 Barbara J Richardson litle Officer Recording requested by .L"Yrst Americu."l Title RECORDING REQUESTED B~ First American Title Co. AND WHEN RECORDED MAIL TO: ERBIN B. KEITH MELISSA W. KEITH .. DOC # 2000-0464524 . Aug 30, 2000 8:00 AM OFFICIAL KfCORDS 9 91 SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITHt COUNTY RECO~JR 1058 CALIFORNIA STREET ENCINITAS, CA 92024 -Ill !lmlmiOO ~~~~~ ~; m.~ ______ ,;..._ ___________ 2;;.;0..;:.00.:..·.:..04.:.:6~45::2:_:_4_ bis Lrne for Recorder's Use Only ------ A.P.N.: 264-143-57 Order No.: 1247625-4 Escrow No.: 31712-AP GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) THAT DOCUMENTARY TRANSFER TAX IS: COUNTY $759.00 [ X ] computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time of sale, [ ] . unincorporated area; [ X ] City of ENCINITAS , and FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged, FRANK J. CREEDE, a married man as his sole and separate property hereby GRANT(S) to ERBIN B. KEITH and MELISSA W. KEITH, husband and wife, AS COMMUNITY PROPERTY the following described property in the City of ENCINITAS, County of San Diego State of California; Parcel 1 of Parcel Map No. 13491, in the County of San Diego, State of California, flled in the Office of the County Recorder of San Diego County, September 20, 1984, and as more fully described in the attached Exhibit "A". FRA~ Document Date: July 13, 2000 'STATE OF CALIFORNIA )SS COUNTY OF SAN ])/{)Crt> ) On ":)"vL.Ji 111, ~o ·before me, ~s,v<'lltL (/.._, k>r<r•tlfA&--Jt<..<. tJ~(f!H rfyJC..<-IC. ' personally appeared 1 fll tJ..tJk:. :5 · (;t,6 Gb6 J , personally known to me ( r r ved to me o~ the basis of satisfactory evide_!l9~Yto be the person¢i) whose name~ subscribed to the within instrument and acknowledged to me tha 1ieY . executed ~-~;ii'l~ authorized capacity~ and that by~~ signatur~ on the instrument the person<» or the entity upon ehalf of which the person~ aCted,· executed the instrument. WITNESS my hand and official seal. Signature c~ ((_, ~ This area for official notarial seal. Mail Tax Statements to: SAME AS ABOVE or Address Noted Below ORDER NO. 1247625-4 992 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 1 OF PARCEL MAP NO. 13491, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 20, 1984. PARCELB: AN EASEMENT FOR INGRESS AND EGRESS AND FOR ROADWAY AND UTILITY PURPOSES INCLUDING BUT NOT LIMITED TO SEWER, WATER, GAS, ELECTRIC, TELEPHONE AND CABLE TELEVISION LINES AND APPURTENANCES THERETO TOGETHER WITH THE RIGHT TO CONSTRUCT AND MAINTAIN SAID ROADWAY AND UTILITIES OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCEL 1 AND 2 OF PARCEL MAP NO. 13491, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 20, 1984, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 2; SAID POINT BEING ALSO THE MOST WESTERLY CORNER OF PARCEL 4 OF SAID PARCEL MAP NO. 13491; THENCE ALONG THE BOUNDARY OF SAID PARCEL 2, NORTH 23ol2'52" EAST, 148.23 FEET; THENCE NORTH 54o47'36" WEST, 40.90 FEET TO THE MOST EASTERLY CORNER OF PARCEL 3 OF SAID PARCEL MAP NO. 13491; THENCE SOUTH 23ol2'52" WEST, 148.23 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 3; THENCE SOUTH 54o47'36'' EAST, 40.90 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WlTIDN PARCEL A ABOVE. PARCELC: AN EASEMENT FOR PRIVATE SEWER LINES, TOGETHER WITH THE RIGHT TO CONSTRUCT, AND MAINTAIN OVER, UNDER, ALONG AND ACROSS THE WESTERLY l 0.00 FEET OF PARCEL 2 OF PARCEL MAP NO. 12676, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUN1Y RECORDER OF SAN DIEGO COUNTY, APRIL 21, 1983. PAGE8 ORDER NO. 1247625-4 993 PARCELD: AN EASEMENT FOR INGRESS AND EGRESS AND UTILITIES OVER, UNDER, ALONG AND ACROSS THE NORTHERLY 28.00 FEET OF PARCELS 2 AND 3 OF PARCEL MAP NO. 12676, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 21, 1983. PARCELE: AN EASEMENT FOR SEWER PURPOSES, TOGETHER WITH THE RIGHT TO CONSTRUCT AND MAINTAIN, OVER, UNDER, ALONG AND ACROSS THAT PORTION SET FORTH ON SAID PARCEL MAP NO. 13491 AS "PROPOSED 1 0' PRIVATE SEWER EASEJ'vffiNT". EXCEPTING THAT PORTION WITHIN PARCEL 3 OF SAID PARCEL MAP 13491. JULY 13,2000 12:36 PM AL PAGE9 ste\Nart title Barbara J Richardson Title Officer January 13, 2015 Attn: Larissa Berkheimer 1itle365 SUPPLEMENTAL REPORT Supplemental No. One 2111 Palomar Airport Rd Ste 130 Carlsbad, CA 92011 Order No. Your Reference No. Property Address: Buyer/Borrower Name "7033-01180-1267 46 -441-1400580-LB 1 058 California Street, Encinitas, CA Nicholas B Dawson and Sara Dawson Stewart Title of California, Inc. 7676 Hazard Center Dr 14th Floor San Diego, CA 92108 Phone (619) 692-1600 Fax BRTeam@stewart.com Supplementing our original report dated December 04, 2014, any amendments thereto, and other supplemental reports, or any policies or endorsements thereto, previously issued, regarding the above numbered title order, we advise you of the following: Please be advised that based on information in our possession the purchase price will be $1,215,904.00 and proposed insured lender will be First Choice Loan Services, Inc., its successors and/or assigns as their interest may appear, and the proposed loan amount will be $546,250.00 Barbara J Richardson 1itle Officer RECORDING REQUESTED BY: OLIVENHAIN MUNICIPAL WATER DISTRICT 1966 OLIVENHAIN ROAD ENCINITAS, CA 92024 AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: . ERBIN & MELISSA KEITH 1058 CALIFORNIA STREET ENCINITAS, CALIFORNIA 92024 A.P.N. 264 462 55 I;~ XXX D 0 C tt 201 1 -0568001 lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll! 1111 OCT 27, 2011 12:18 PM l OFFICIAL RECORDS l9 A2 SAN DIEGO COUNTY RECOFIDEA'S OFFICE '1- Erne.l J. Dronenburg, Jr .• COUNTY RECORDER FEES: 23.95 OC: DC PAGES: 2 1111m ll~lllllllllllllllllltllllllllllllllllllllllllllllllllllllllllltltlllllllllll SPACE ABOVE THIS UNE FOR RECORDER'S USE Title Order No. 3770599 {06) GRANT DEED The undersigned GRANTOR(s) DECLARE(s): U ·/!"' DOCUMENTARYTRANSFERTAXISS 21.~ CITYTAXS -0- ( --) computed on fuH value of property conveye , or ( --) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( X ) City of Carlsbad, and No Fee per Governmen1 Code §§61 03, 27383 FOR A V ALUABI,E CONSTDERA TlON, receipt of which is hereby acknowledged, OL!VENHA(N MVNIClP~L WATER DISTRICT, a public agency (hereinafter "GRANTOR"), hereby GRANTS to ERBIN B. KEITH. AS TRUSTEE OF THE ERB!N 8. KEITH DESCENDANTS TRUST. Fee Title to the following described real property in the City of Carlsbad, County of San Diego, State of California: LOT 99 OF CARLSBAD TRACT NO. 85-10-1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13285, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 16, 1996. Reserving therefrom said Lot. 99 the following Grant of Right of Way to DISTRICT over, across and under the herein described property recorded as File/Page No. 78-397999 on September 19, 1978 along with easements granted to others by DISTRICT recorded as Doc No. 2006-0388267 recorded June I, 2006 and Doc No. 2009-0482261 recorded August 27, 2009. In addition, existing sanitary sewer and storm drain facilities by others shall remain per the tenns of the Grant Deed to DISTRICT recorded May 12, 1997 as Doc No. 1997-0218584. All rights (conveyed) granted to GRANTEES by these recorded documents shall remain in force. DATE: CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of _....;:S::.;.A..!'-N=---=b-"'ILS-::...:({:~....:o::...-.---11943 On personally appeared ~H\lbGIZLj A. 7Ho&ti:Y?- who proved to me on the basis of satisfactory evidence to be the person<.s1 whose name(~ is/a" subscribed to the within instrument and acknowledged to me that ~shel~y executed the same in h~er/~ir authorized capacity(i,'s), and tJlat by h_jS!herlt¥ir signature(t) on the instrument the person(0, or the entity upon behalf of which the person($) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. DESCRIPTION OF THE A TI ACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ (Additional information) CAPACITY CLAIMED BY THE SIGNER 0 Individual (s} 0 Corporate Officer (Title) 0 Partner(s) D Attorney-in-Fact 0 Trustee(s) 0 Other ____________ _ 2008 Version CAPA vl2.10.07 800-873-9865 www.Nolar}'Ciassc:s.com (Notmy Seal) INSTRUCTIONS FOR COMPLETING THIS FORM A11y acknow14dgmtllt completed In California must contain vubiage exactly as appean abuu In till notary secrion or a stparott acknowledgment form mwr l>t properly completed and arUJched 10 thai dOCIIment. The only t:t:ctptlon Is If a docUJMnt is to be rtCNded outside of California. In such insiDncts, any alternative ad:nowledglnenl verbiage 03 may be printed 011 such a document so long as the vubiage does not requJre the notary to do something !hal is illegal for a notary in California (i.e. certifying the authorl:ed capacity of the signer). Please check tht documenl carefully for proper Mlarla/ wording and tJIIDCh this form If required. • State and Cowtty information must be the State and County where the document signa(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer{s) personally appeared which must also be the same date the a~knowlcdgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (nola!)' public). • Print the name(s) of document signel{s) who personally appear at the time of notariution. • lndicau the correct singular or phnl forms by crossing off incorrect forms (i.e. Nl~ is IIH) or circling the correct forms. Fai!un: to correctly indicate this information may lead to n:jection of document recording. • The notary seal impression must be clear and photographically rtproducible. lmpn:ssion must not (0\'CT text or lines. If seal impn:ssion smudges, n:•ceal if a sufficient area permits, otherwise complete a diffen:ntaeknowledgmcnt form. • Signature of the not.IJy public must match the signatun: on file with the office of the county clerk. * Additional information is not n:quirtd but could help to ensure this acknowledgment is not misused or attached to a different document. + Indicate title or type of attached document, number of pages and date. * Indicate the capacity claimed i:ly the Eigner. If the claimed capacity is a COip<lfatc offiter, indicate the title (i.e. CEO, CFO, Secretary). • Securely attadl this document to the signed document ste\Nart title Barbara J Richardson Title Officer January 15, 2015 Attn: Larissa Berkheimer Title365 SUPPLEMENTAL REPORT Supplemental No. 2 2111 Palomar Airport Rd Ste 130 Carlsbad, CA 92011 Order No. Your Reference No. Property Address: Buyer/Borrower Name 7033-01180-1267 46 -441-1400580-LB 1058 California Street, Encinitas, CA Nicholas B Dawson and Sara Dawson Stewart Title of California, Inc. 7676 Hazard Center Dr 14th Floor San Diego, CA 92108 Phone(619)692-1600 Fax BRTeam@stewart.com Supplementing our original report dated December 04, 2014, any amendments thereto, and other supplemental reports, or any policies or endorsements thereto, previously issued, regarding the above numbered title order, we advise you of the following: Please be advised that the proposed insured loan amount will be $562,350.00 Barbara J Richardson Title Officer 2111 Palomar Airport Road, Suite 130, Carlsbad, CA 92011 Toll Free: (877)365-9365 1 Direct: (760)444-0700 I Fax: (855)589-8589 Date: January 16, 2015 Escrow No.: 441-1400580-LB Property Address: 1058 California Street, Encinitas, CA 92024 Buyer: Nicholas B. Dawson Seller: Erbin B Keith, Melissa W Keith, and Erbin B Keith, as Trustee of the Erbin Keith descendants Trust, as to Parcel B AMENDMENT/SUPPLEMENT TO ESCROW INSTRUCTIONS THE ABOVE NUMBERED ESCROW IS HEREBY AMENDED AND/OR SUPPLEMENTED AS FOLLOWS: VESTING: Vesting to be: Nicholas B. Dawson, a married man as his sole and separate property ALL OTHER TERMS AND CONDITIONS TO REMAIN THE SAME. BUYER(S): Nicholas B. Dawson Vesting. LR&T Amendment 441-1400580-LB/58