HomeMy WebLinkAboutMCUP 16-06; VERIZON WIRELESS BATIQUITOS; Administrative Permits (ADMIN)'
(City of
Carlsbad
APPLICATIONS APPLIED FOR: (CHECK BOXES)
LAND USE REVIEW
APPLICATION
P-1
0
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Development Penn/ts (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
.II Coastal Development Permit(*) II Mi{XJ'Q l ~ ..... 4 "J
I] Conditional Use Permit(*)
ll Minor D Extension
D Day Care (Large)
D Environmental Impact Assessment
0 Habitat Management Permit D Minor
D Hillside Development Permit (*) D Minor
D Nonconforming Construction Permit
D Planned Development Permit O Minor
0 Residential O Non-Residential
0 Planning Commission Determination
D Reasonable Accommodation
D Site Development Plan O Minor
D Special Use Permit
D Tentative Parcel Map (Minor Subdivision)
0 Tentative Tract Map. (Major Subdivision)
0 Variance D Minor
D General Plan Amendment
0 Local Coastal Program Amendment(*)
D Master Plan
D Specific Plan
0 Zone Change (*}
0Amendment
0Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area Permits
D Review Permit
0 Administrative D Minor D Major
Village Review Area Permits
D Review Permit
D Administrative O Minor D Major
(*) = eligible for 25% discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR T04:00 P.M.
ASSESSOR PARCEL NO(S).: 214-430-16-00
PROJECT NAME: Verizon Wireless -Batiquitos
BRIEF DESCRIPTION OF PROJECT: remove and replace existing antennas and install associated equipment
within the existing building tower. No changes to the equipment area. Antennas will remain hidden from view
BRIEF LEGAL DESCRIPTION: See attached Grant Deed.
LOCATION OF PROJECT: 7130 Avenida Encinas, Carlsbad CA 92011
STREET ADDRESS
N_o_rt...,.h=a=n,,...,d...,E,.,,,a.,.,s=t..,....,,,.~,...,..,.,=,---sme oF _A_v_e_n_id_a_E_n_c_in_a_s__,....,..,..,.,,,....,,..,,,....,..,=,,,.,.._.-------
<NORTH. SOUTH. EAST, WEST) (NAME OF STREET)
ON THE:
BETWEEN Avenida Encinas AND 5 Freeway
(NAME OF STREET) (NAME OF STREET)
P-1 Page 1 of 6 Revised 07115
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•
OWNER NAME Oonahue Schriber Realty Group
(Print): LP
MAILING ADDRESS:200 East Baker Street, Suite 100
CITY, STATE. ZIP: Costa Mesa, CA 92626
TELEPHONE 714-966-6433 ----------------EM A IL ADDRESS: jcheck@dsrg.com
/I' 'Id /1.
DATE
------------··
0
APPLICANT NAME (Prit]!\:
~equoia Deployment Services
MAILING ADDREss:_22471 Aspan Street Ste 290
c1rv. STATE, ZIP: Lake Forest CA 92630 -' TELEPHONE: 714-931-6011
EMAIL ADDRESS: -monica.moretta@sequoia-
-ds.com
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 DATE
APPLICANTS REPRESENTATIVE (Print): Monica Moretta Swing ~-----------------------------------------~ MAILING ADDRESS: .22471 Aspan Street Ste 290
c1rv. STATE, z1P: Lake Forest, CA 92630
TELEPHONE: 714-931-6011
EMAIL ADDRESS: monica.moretta@sequoia-ds.com -----------------------
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
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. IN'-JE CONSENT TO ENTRY FOR THIS PURPOSE.
FOR CITY
P-1
TY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
ROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
SORS IN INTEREST.
Page 2 of6
RECEIV
OCT 14 2016
CITY OF CARLSBAD
Pl ANNING DIVISION
DATE 'STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 07/15
, 0
Indemnification and Insurance Requirement for Village Area Administrative Permit
Certffication Statement:
I Certify that I am the Legal Business Owner of the subject business and that all of the above informati is true
and correct to the best of my knqwledge. I agree to accept and abide by any conditions placed on e subject
project as a result of approval of this application. I agree to indemnify, hold harmless, and defi a the City of
Carlsbad and its officers and employees from all claims, damage or liability to persons or prope arising from or
caused directly or indirectly by the installation or placement of the subject property on the P. ic sidewalk and/or
the operation of the subject business on the public sidewalk pursuant to this permit unle he damage or liability
was caused by the sole active negligence of the City of Carlsbad or its officers or emP, ees. I have submitted a
Certificate of Insurance to the City of Carlsbad in the amount of one million dolla ssued by a company which
has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial · e of $50-$100 (currently class
VII) or better which lists the City of Carlsbad as "additional insured" and pr des primary coverage to the City.
I also agree to notify the City of Carlsbad thirty days prior to any cance tion or expiration of the policy. The
notice shall be delivered to:
City Planner
City of Carlsb
1635 Farads venue
Ca ad
The insurance shall remain in effect for as long a e property is placed on the public sidewalk or the business
is operated on the public sidewalk. This agree nt is a condition of the issuance of this administrative permit for
the subject of this permit on the public si alk. I understand that an approved administrative permit shall
remain in effect for as long as outdoor · plays are permitted within the Village Review Area and the permittee
remains in compliance with the subje pproved permit.
Date: _________ _
Certification Statement:
he Legal Property Owner for the subject business location and that all of the above
information is t and correct to the best of my knowledge. I support the applicant's request for a permit to
place the s ect property on the public sidewalk. I understand that an approved administrative permit shall
remain in ect for as long as outdoor displays are permitted within the Village Review Area and the permittee
in compliance with the subject approved permit
·gnature __________________ _ Date: _________ _
P-1 Page 3 of6 Revised 07/15
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LAND USE REVIEW APPLICATION FORM
INSTRUCTIONS TO APPLICANTS
In order to streamline the application process and reduce duplication in filling out application
fonns, the City has adopted a comprehensive application fonn to handle multiple application
submittals. The following instructions should assist you in preparing the application form for
submittal to the City:
,/ Applications applied for: Check the appropriate boxes for the various appllcation types for which
you are applying. Check with counter staff to determine required application types needed to
process your specific project.
,/ Assessor Parcel No(s).: Include all assessor parcel numbers included within the project
boundary. The counter staff can assist you in determining the appropriate assessor parcel
number(s).
,/ Project Name: Fill in the box with the name of the project, such as "Red Oak Homes" or "Benson
Commercial." If no name is proposed, write the last name of the owner or applicant plus a brief
description such as "Jones Condo Conversion" or "Smith Residential Subdivision.n
,/ Brief Description of Project: Write down a brief description of the project. Be specific but do not
include square footage or architectural details. For example: a neighborhood commercial center
with two restaurants; single family detached residential project; or an industrial/office complex with
three industrial/office buildings.
,/ Owner's Name, Address, Phone Number, Email address and Signature: To be filled in and
signed by the owner for all applications. Use the owner's name as it appears on the title report.
,/ Applicant's Name, Address, Phone Number, Email address and Signature: To be filled in and
signed by the applicant. If owner and applicant are the same you may write same on the space for
the name. All correspondence and contact regarding the application will be directed to the
applicant.
,/ Brief Legal Description: Provide a brief legal description of the property such as "Lot 6 of Map
No. 8828 Carlsbad Tract 88-3" or "Portion of Lot I of Rancho Agua Hedionda map 1717." Do not
provide bearings and distances. A full legal description will be contained within the title report
submitted with the application.
,/ Location of Project: Fill in the blanks with the street address (if appropriate), direction and street
names. For projects located in undeveloped areas not adjacent to streets, use the nearest street
from which the project will take access.
,/ Consent to Allow Entrance onto the Property: Signature granting members of City staff,
Planning Commissioners, or City Council members' permission to inspect and enter the property.
,/ Notice of Restriction: Property owner acknowledges and consents to a Notice of Restriction if
conditioned for the applicant. Notices of Restriction run with the land and bind any successors in
interest.
Application Requirements: Attached with the application form are the various submittal requirements
for each application type listed on the face of the application. Follow any instructions contained within
the submittal requirements and submit the information and materials required for each of the
applications for which you are applying.
If you have any questions regarding application submittal requirements (i.e.. clarification
regarding a specific requirement or whether all requirements are necessary for your particular
application) please call (760) 602-4610.
IMPORTANT: Check all submittals to be sure all the required information and materials have
been submitted with your application. Incomplete submittals will not be processed or
scheduled for review by staff, the Commission or Council. You will be notified in writing within
30 days of submittal whether or not your application is complete.
A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A
proposed project requiring only one application must be submitted prior to 4:00 p.m.
P-1 Page 4 of6 Revised 07115
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Applicant Disclosure -Form P-1 (A): All applications require submittal of an applicant disclosure
form. Follow the instructions provided on the form and the attached information sheet.
Project Description/Location -Form P-1(B)
Hazardous Waste Statement -Form P-1 {C)
Envjronmental Impact Assessment -Form P-1{D): All applications for development require
submittal of an Environmental Impact Assessment Form. Larger projects or projects in environmentally
sensitive areas may require more detailed Environmental Impact Reports. Follow the instruction
provided with the application form.
Time Limits on Discretionary Permits -Form P-1(E>
Tentative Parcel Map Waiver of Processing Time Limits -Form P-1{F>
Tentative Parcel Map Tenant Notification Statement-Form P-1(G)
Circulation Impact Analysis: All applications which propose an increase in the traffic generation rate
of 500 vehicles or more, over existing traffic generation for the site, must submit a Circulation Impact
Analysis. This analysis will be used to determine compliance of your project with Growth Management
Facility Standards. The analysis is not to be considered in lieu of project related traffic studies which
may be required by staff to analyze specific project related on and off site traffic issues.
Fire Department/Water District Consultation: Prior to submittal of an application for development in
the City, you are encouraged to consult with the Fire Department and the appropriate water district in
order to design your project in compliance with their requirements. Failure to consult with either agency
could result in unnecessary delays, redesign or project denial. The purpose of the notice is to get
projects to "design in" water and fire requirements in advance.
Digital Submittals: Applicants shall submit digital files with the application at initial submittal and at
approval of tentative tract map, in accordance with Engineering Standards.
P-1 Page 5of6 Revised 07115
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SCREENING OF EQUIPMENT
Exterior components of plumbing, processing, heating, cooling, and ventilation systems (including but not limited to piping, tanks, stacks,
collectors, heating, cooling, and ventilating equipment fans, blowers, ductwork, vents, louver, meters, compressors, motors, incinerators,
ovens, etc ... ) shall not be directly visible from a height of five feet from the closest building wall on any lot. Scaled elevations of all such
equipment, as well as screening materials, are required on all site plans. See example below.
P-1
l'RllJ'ER I r UNI
; t.\~· ,AN.f)!i(. Pl:
j SHHA<'K
EXAMPLE OF SCREENING MATERIAL DISPLAY
Page 6 of6
l'IWl'l'.RI\ IINI·.
~tr t.ANllSt 'Al'I'
..;HIIAl'K
I
Revised 06/12
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(_ 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. 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 (NIA) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person __________ _
Title ___________ _
Address _________ _
Corp/Part Verizon Wireless
Title Sr. Manager of Real Estate
Address 15505 Sand Canyon Ave., Bldg D I
-Irvine, CA 92618
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person. __________ _
Title __________ _
Address _________ _
Corp/Part Donahue Schriber Realty Group, Inc.
Title See attached Secretary Certificate
Addre55200 E Baker St., Suite 100
Costa Mesa, CA 92626
Page 1 of 2 Revised 07/10
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3. NON-PROFIT ORGANIZATION OR TRUST
4.
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 ___________ _
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?
Oves If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
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 of2 Revised 07/10
Ccicyof
Carlsbad
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PROJECT DESCRIPTION
P-1(8)
0
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: Verizon Wireless-AWS/PCS Update Batiquitos
APPLICANT NAME: Verizon Wireless
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:
Verizon Wireless is proposing to remove and replace six (6) existing antennas with six (6) new
antennas, install six (6) new Remote Radio Units located near the antennas, and install one (1)
new Raycap near the antennas. All the above mention equipment is proposed within the
existing conceal tower and completely hidden from view inside of the existing tower and
behind new/replaced fiberglass (RF friendly) material. The FRP is designed to match the color
and material of the existing commercial tower. Additionally, Verizon is proposing installing four
(4) dormers to the antenna tower and two (2) axial fans. The dormers are located on to roof of
the tower and the fans are inside of the tower. An additional Raycap will be located inside of
the equipment area. Verizon is not proposing to add any additional antennas of what is already
approved for this facility. The lease area of the equipment area will remain intact. In summary,
this is a minor modification of an existing and permitted facility without changing the overall
dimensions of the tower or the equipment area. The proposed modification is an "Eligible
Facilities Request" as defined in Section 6409 (a) of the Middle Class Tax Relief and Job
Creation Act of 2012. The modification is not a substantial increase in the size of the base
station (building), and is within the required parameters of the law (less than 10 percent).
P-1(6) Page 1 of 1 Revised 07/10
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Verizon Wireless Proposed Wireless Telecommunications Facility Modification
Batiquitos PCS-7130 Avenida Encinas, Carlsbad, CA 92011
Previously Approved Case Number-CUP 00-24, CDP-00-32
Project Description
Verizon Wireless is proposing to modify an existing wireless telecommunications facility at 7130 Avenida
Encinas within the City of Carlsbad. The proposed modification consists of removing six (6) panel
antennas and replace with six (6) 72" panel antennas, installation of six (6) RRUs near antennas, one (1)
raycap near antennas, one (1) FRP screen, four (4) dormers on antenna tower, one (1) raycap in existing
equipment room, and two (2) axial fans on existing tower floor. In addition, the existing equipment
lease area will remain unchanged.
The existing telecommunications facility was originally approved 1991 by the City of Carlsbad staff. The
property is currently zoned C-2 (Commercial), permitting the use of wireless telecommunications
facility's. The aesthetics of the existing facility will not be altered in any way as all proposed
modifications and work will take place behind the FRP screen and within the equipment enclosure. The
proposed modification does not conflict with the spirit or intent of any condition of approval related to
the project.
In an effort to meet customer demands, Verizon Wireless is proposing to upgrade the facility in a
manner that will not create conditions or situations that may be objectionable, detrimental or
incompatible with the surrounding land uses. The facility is not staffed, having no impact on current
(traffic or parking) circulation systems. In addition, the facility continues to only require periodic
maintenance, which equates to approximately one trip per month. Furthermore, Verizon will continue
to operate in full compliance with all local, state and federal regulations including the
Telecommunications Act of 1996. The modification is an "Eligible Facilities Request" as defined in
Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012. Verizon Wireless
respectfully requests approval of this modification to continue operating and improve the existing
wireless facility in order to provide seamless coverage to subscribers.
Verizon Wireless is a registered public utility, licensed and regulated by the California Public Utilities
Commission (CPUC) and the Federal Communications Commission (FCC). Verizon Wireless technology
does not interfere with any other forms of private or public communications systems.
(city of
Carlsbad
HAZA~DOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
0
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certific~tion 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):
[X The development project and any alternatives proposed in this application ~ contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application !I! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Verizon Wireless-Monica Moretta
-swing
Address:22471 Aspan Street Ste 290
Lake Forest, CA 92630
Phone Number: 714-931-6011
PROPERTY OWNER
N Donahue Schribber Realty Group
ame:_LP
Address:.200 East Baker Street, Suite 100
Costa Mesa, CA 92026
Phone Number: 714-966-6433
7130 Avenida Encinas, Carlsbad CA 92011 Address of Site: __________________________ _
City of Carlsbad Local Agency (City and County): _____________________ _
214-430-16-00 Assessor's book, page, and parcel number: __________________ _
Specify list(s): ___________________________ _
Regulatory Identification Number: _____________________ _
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
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Ccicyof
Carlsbad
0
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
0
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary· projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e., clarification
regarding a specific requirement whether all requirements are necessary for your particular
application) please call (760) 6 -46 O.
Applicant Signature:
Staff Signature: tb
Date:
To be stapled with receipt to the application
P-1 (E) Page 1 of 1 Revised 07/10
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ENVIRONMENTAL INFORMATION FORM
(To be Completed by ,Applicant)
Date Filed: / 0-I<{ -/ b (To be completed by City)
Application Number(s): _U----"Cv()-=---------'/'--{:,_ ... _o_· _6----j/""--~-· _7)_/J_/i_b_-_____;...V-_s ___ _
General Information
1.
2.
3.
4.
5.
6.
7.
8.
9.
Name of project: Verizon Wireless-Batiquitos :
Name of developer or proJect sponsor: -----+--------------. Verizon Witless
Address: 15505 Sand Canyon Avenue, Buildi g 01
Irvine, CA 92618
City, State, Zip Code: ----------+---------------
949 286 7211
PhoneNumber: ------------~--------------
i Monica Moretta Swing
Name of person to be contacted concerning this proj91ct: -------------
224 71 As pan Street I
Address: ,
City, State, Zip Code: Lake Forest, CA 926f o
Phone Number: 714-931-6011 I
7130 Avenida Encinas C rlsbad CA 92011
Address of Project: -----------+--------------
Assessor's Parcel Number: 214-430-16-00 --------~--------------
List and describe any other related permits and oth r public approvals required for this project,
including those required by city, regional, state and f deral agencies:
Minor Coastal Development Permit, and Bu lding Permits
Existing General Plan Land Use Designation: Poi settia Village Shopping Center
C-2-Q
Existing zoning district: ------------------------
Commercial
Existing land use(s): ----------+----------------
Proposed use of site (Project for which this form is fi d): -------------
Unmanned Telecommunications Wireless Facility
Project Description
Same as existing 10. Site size: .
11. Proposed Building square footage: _s_a_m_e_as_e_x_is_t_in_g ____________ _
12: Number of floors of construction:N __ IA ___________________ _
13. Same as existing Amount of off-street parking provided: -------------------
14. None
Associated projects: -------------------------
P-1(0) Page 2 of 4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes:
NIA
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: ---------------------
Verizon Wireless is proposing modifying an existing wireless facility. The facility
-is an unmanned facility that will continue to provide wireless services to the area
around the site. The facility has been operation since 1991. No changes to the
-existing square footage.
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
NIA
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
NIA
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: --------------------
NIA
P-1 (D) Page 3 of 4 Revised 07/10
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Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yes No
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D [I]
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or O Ii]
roads.
22. Change in pattern, scale or character of general area of project. 0 [i]
23. Significant amounts of solid waste or litter. D [II
24. Change in dust, ash, smoke, fumes or odors in vicinity. 0 111
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or O [I]
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. D 111
27. Site on filled land or on slope of 10 percent or more. 0 [I]
28. Use of disposal of potentially hazardous materials, such as toxic substances, D [I]
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, 0 !II
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D III
31. Relationship to a larger project or series of projects. 0 II]
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
Date: 06/16/2016 Signature:
Verizon
For:
P-1 (D) Page 4 of 4 Revised 07/10
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Batiquitos
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.
The existing project site is fully developed with commercial uses. The parcel is flat with single story
building use for office, commercial, grocery store and fast food restaurants. No unique plants or animals
existing onsite.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land uses (residential, commercial etc.),
intensity of land use (one-family, apartments houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc. ). Attach photographs of the site. Snapshots or
Polaroid photos will be accepted.
The property located north of the site is developed with a hotel, with a multistory building with a
parking lot. The properties located to the west and south are two-story residential units with typical
setbacks. The 5 freeway is located directly to the east of the project property. No known cultural,
historical or scenic aspects were identified in the area.
Ccityoc
Carlsbad
MINOR
COASTAL DEVELOPMENT·PERMIT/
SINGLE FAMILY RESIDENCE
APPLICATION
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov P-6
A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A
proposed project requiring only one application must be submitted prior to 4:00 p.m.
All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be
prepared at the same scale. (Use a scale no smaller than 1" = 40'.)
I. GENERAL BACKGROUND
A. Estimated Cost of Development:
Development costing $60,000 or more does not qualify as a Minor Coastal Development
Permit. The City Planner shall make the final determination regarding a project's cost of
development.
The primary basis for determining cost of development will be the application of dollar costs
per square foot for different types of residential construction. These costs are set by the
International Conference of Building Officials (ICBO) and are applied throughout San Diego
County.
Please complete the following information to assist in the determination of this project's cost of
development (Contractor proposals may also be submitted for consideration by the City
Planner). Please refer to the current fee schedule for the appropriate $/square foot fe e.
New Residential Square Footage:
------square feet x $ ____ /sq. ft. = $ ____ ""-------
Residential Addition Square Footage:
______ square feet x $ ___ __
Any Garage Square Footage:
______ square feet x $ ____ _
Residential Conversion Square F
______ squarefe ____ ./sq. ft.=$ ________ _
=> Please contact t ity of Carlsbad Building Division for current fee rate for Non-
s (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse
~;__ ____ square feet x $ __ /sq. ft. = $ __________ _
COST OF DEVELOPMENT ESTIMATE: $ ___________ _
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimate) [!f
2. A Coastal Development Permit ($60,000 or more cost estimate) D
C. Street address of proposed development
7130 Avenida Encinas Carlsbad CA 92011
P-6 Page 1 of 6 Revised 01 /16
-..
D. Assessor's Parcel Number of proposed development
214-430-16-00
E. Development Description:
0
Briefly describe projectVerizon Wireless is proposing to remove and replace six (6)
existing antennas; install six (6) Remote Radio Units; two (2) Raycaps; install one
·(1) access ladder in hatch ( within the tower); install new FRP screening; install
.new four dormers on the tower and two (2) axial fans on the existing tower. All the
_antennas and associated equipment will be hidden from public views.
F. uescr1De tne present 1ana uses (1.e. vacant 1ana, smg1e ramny nomes, apanments,
offices, etc.) that surround the proposed development to the:
North: Commercial
South: Commercial/Residential
East: 5 Freeway
West: Residential
G. Is project located within a 100-year flood plain? D Yes 1K No
II. PRESENT USE OF PROPERTY
A. Are there existing structures on the property? ~ Yes D No
If yes, please describe.
_ Commercial shopping center fully developed with parking lot.
8. Will any existing structure be removed/demolished? D Yes ~ No
If yes to either question, describe the extent of the demolition or removal, including the
relocation site, if applicable (also show on plans).
Ill. LOT COVERAGE All the propose modification are done within the existing building
tower without increasing or changing the height of the tower. No
A. Existing and Proposedlandscaping is proposed
P-6
Building Coverage sq. ft. sq. ft. sq. ft. %
Landscaped Area sq. ft. sq. ft. sq. ft. %
Hardscape Area sq. ft. sq. ft. sq. ft. %
Unimproved Area (Left Natural) sq. ft. sq. ft. sq. ft. %
8. Parking: Number of existing spaces Same as existing. No changes to the parking area/lot
Number of new spaces propo~ Same as existing. No changes to the parking area/lot
Existing/Proposed TOTAL: Same as existing. No changes to the parking area/lot
Number of total spaces requirE Same as existing. No changes to the parking area/lot
Number of covered spaces Same as existing. No changes to the parking area/lot
Number of uncovered spaces Same as existing. No changes to the parking area/lot
Number of standard spaces Same as existing. No changes to the parking area/lot
Page 2 of 6 Revised 01/16
•
P-6
C) 0
Number of compact spaces Same as existing. No changes to the parking area/lot
Is tandem parking existing? N/A D Yes # __ o No
Is tandem parking proposed? D Yes# __ o No
C. Grade Alteration:
Is any grading proposed? D Yes [K No
If yes, please complete the following:
1. Amount of cut cu. yds.
2.
3.
4.
5.
Amount of fill __________________ cu. yds.
Maximum height of fill slope feet
Maximum height of cut slope feet
Amount of import or export cu. yds.
6. Location of borrow or disposal site----------------
Page 3 of 6 Revised 01/16
l I I
I ' ~
()
The following materials shall be submitted for each single family residence/minor coastal development
permit application.
If you have any questions regarding application submittal requirements (i.e., clarification regarding
a specific requirement or whether all requirements are necessary for your particular application)
please call (760) 602-4610.
I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled
together, then folded to 9" x 12" with lower right hand corner of plan visible.)
P-6
A. SITE PLAN -Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a
Single Family Coastal Development Permit on 24" x 36" sheet(s). Each site plan shall contain
the following information:
1. GENERAL INFORMATION
Da. Name, address, and phone number of registered civil engineer, licensed surveyor,
landscape architect or land planner who prepared the maps/plans.
Ob. Location, size and use of all easements.
De. Dimensions and locations of: access, both pedestrian and vehicular, showing service
areas and points on ingress and egress, off-street parking and loading areas showing
location, number and typical dimension of spaces, and wheel stops.
0d. Distance between buildings and/or structures.
De. Building setbacks (front, rear and sides).
Of. Location, height and materials of walls and fences.
Og. Dimensions/location of signs.
Oh. A summary table of the following (if applicable to the application):
0(1) Street address and assessor's parcel number.
0(2) Site acreage.
0(3) Existing Zone and Land Use Designation.
0(4) Proposed land use.
0(5) Total building coverage (in square feet and as a percent).
0(6) Percent of site to be landscaped.
0(7) Number of parking spaces required/provided.
0(8) Square Footage of open or recreational space (if applicable).
0(9) Cubic footage of storage space (if applicable).
Di. All applicable Fire Suppression Zones as required by the City's Landscape Manual.
B. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this
application. In certain areas, an engineering geology report must also be included. Please
consult the Planning Division and Land Development Engineering Division representatives for
a determination on any grading plan geotechnical requirements if the project is in an overlay
zone. The following information shall be submitted at a minimum:
D 1. Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes
between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed).
Existing and proposed topographic contours within a 100-foot perimeter of the
boundaries of the site. Extend contours sufficiently out from the site to adequately show
the adjacent floodplain (if applicable).
02. Earthwork volumes: cut, fill, import and export.
03. Spot elevations at the corners of each pad.
04. Method of draining each lot. Include a typical cross section taken parallel to the frontage
for lots with less than standard frontage.
05. Location, width and/or size of all watercourses and drainage facilities within and adjacent
to the proposed subdivision; show location and approximate size of any proposed
detention/retention basins.
06. Clearly show and label the 100 year flood line for the before and after conditions for any
project which is within or adjacent to a FEMA flood plain.
Page 4 of 6 Revised 01/16
C. BUILDING ELEVATIONS AND FLOOR PLANS -Four (4) copies for a Minor Coastal
Development Permit and four (4) copies a Single Family Coastal Development Permit
prepared on 24" x 36" sheet(s). Each building elevation and floor plan shall include the
following information:
D 1. Location and size of storage areas.
02. All buildings, structures, wall and/or fences, signs and exterior lights.
03. Existing and proposed construction.
04. Provide documentation demonstrating compliance with City Council Policy 44 -
Neighborhood Architectural Design Guidelines (if applicable).
Os. Building Heights of all structures (top of roof and top of roof projections)
COLORED SITE PLAN AND ELEVATION PLAN -Not required with first submittal. It is the
Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored
elevations to the Planning Division by 12:00 noon, eight (8) days prior to the Planning
Commission meeting. Do not mount exhibits.
II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS
DA. A completed Land Use Review Application Form.
OB. Completed Coastal Development Permit Application.
DC. Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with
Planning staff regarding Minor Coastal Development Permits and Single Family Coastal
Development Permits for any environmental review requirements.
OD. Disclosure Statement.
OE. Two (2) copies of the Preliminary Title Report (current within the last six (6) months).
OF. Completed "Project Description/Explanation" sheet.
OG. Two copies of a completed and signed "Storm Water Standards Questionnaire". This form can
be found on the City's website. (Distribute copy to Land Development Engineering).
OH. If, when completing the Storm Water Standards Questionnaire, the project is defined as a
"Priority Project", submit a preliminary Storm Water Management Plan (SWMP) prepared in
accordance with the City Standard Urban Storm Water Mitigation Plan (SUSMP) per the City
of Carlsbad Land Development Engineering Standards.
01. Property Owner's List and Addressed Labels:
Single Family Residence
1. A typewritten list of the names and addresses of all property owners within a 600' radius of the
subject property (including the applicant and/or owner), all occupants within a 100' radius of the
subject property, and the applicable Homeowners Association (HOA). The list shall include the
San Diego County Assessor's parcel number from the latest assessment rolls.
2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject
property, all occupants within a 100' radius and the applicable HOA. The list must be typed in all
CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family
residence, an apartment, suite or building number must be included on a separate line. DO NOT
include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON
LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts
are:
P-6
Arial 10, Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as follows:
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave., Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave.
Apt. #3
Carlsbad, CA 92008
Page 5 of 6
ACCEPTABLE
MRS. JANE SMITH
APT3
123 MAGNOLIA AVE
CARLSBAD CA 92008
Revised 01/16
() 0
3. 600' Radius Map: A map to scale not less than 1 "=200' showing each lot within 600' of exterior
boundaries of the subject property. Each of these lots shall be consecutively numbered and
correspond with the property owners list. The scale of the map may be reduced to a scale
acceptable to the City Planner if the required scale is impractical.
Note: When the application is tentatively scheduled to be heard by the decision making body, the
project planner will contact the applicant and advise him to submit the radius map, two sets of the
property owners list and labels. The applicant shall be required to sign a statement certifying
that the information provided represents the latest equalized assessment rolls from the San
Diego County Assessor's Office. The project will not go forward until this information is received.
Minor Coastal Development Permit
1. 100' Radius Owners and Occupants/Address List and Labels (for coastal zone/CDPs only):
P-6
One (1) list of the occupants/addresses located within a 100' radius of the project site; and two
(2) sets of mailing labels of the addresses within a 100' radius.
Page 6 of 6 Revised 01/16
··-----··-·------------------------------------------
.Fidelity National Title Company
AMENDED PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, Fidelity National 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 Exclusions 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 Fidelity National Title Insurance Company, a
California Corporation.
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of
this report care/ ully. 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.
Countersigned by: 8y
Cl -e Attest
Authorized Signature
CLTA Preliminary Report Form -Modified (11/17/06) Page I
• Fidelity National Title Company
1300 Dove Street, Suite 310, Newport Beach, CA 92660
Phone: (949) 622-5000• Fax:
PRELIMINARY REPORT
Amended
Title Officer: Mitch LaRiva (MA) Order No.: 997-23014713-A-ML3
TO:
Sequoia Deployment Services, Inc
22471 Aspan Street, Suite 290
Lake Forest, CA 92630
ATTN: .Ashley Baskin
YOUR REFERENCE: Batiquitos
PROPERTY ADDRESS: 7110 Avenida Encinas, Carlsbad, CA
EFFECTIVE DATE: January 28, 2016 at 7:30 a.m.
The form of policy or policies of title insurance contemplated by this report is:
No Policy Issued
I. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED
BY THIS REPORT IS:
A Fee as to Parcel(s) A
Easement(s) more fully described below as to Parcel(s) B
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS\ ISHD IN:
DONAHUE SCHRIBER REAL TY GROUP, L.P., A Delaware limited partnership
3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
See Exhibit A attached hereto and made a part hereof.
MP/ahl 09/24/12
CLTA Preliminary Report Form -Modified (l l/17/06) Page 2
PRELIMINARY REPORT
Your Reference: Batiquitos
LEGAL DESCRIPTION
EXHIBIT "A"
Fidelity National Title Company
Order No.: 997-23014713-A-ML3
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 4 OF PARCEL \L\P '.\O. 15187, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 28,
1988, RECORDER'S FILE '.\O. 88-1-100-1-1 OF OFFICIAL RECORDS, AND AMENDED BY CERTIFICATE OF
CORRECTION, FILED BY DOCUMENT RECORDED MARCH 08, 1991 AS FILE NO. 1991-010-1869 OF
OFFICIAL RECORDS, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM ALL MINERAL RIGHTS NOT HERETOFORE OTHERWISE CONVEYED OR
RESERVED BY GRANTOR, INCLUDING WITHOUT LIMITATION ALL OIL, GAS, HYDROCARBON AND
SIMILAR RIGHTS, AND ALL WATER, WATER RIGHTS, GEOTHERMAL STEAM AND STEAM POWER,
WITHIN OR UNDERLYING THE REAL PROPERTY HEREIN CONVEYED, TOGETHER WITH THE
PERPETUAL RIGHT OF DEVELOPMENT THEREOF; PROVIDED, HOWEVER, THAT THE RIGHTS HEREIN
RESERVED AND EXCEPTED DO NOT INCLUDE THE RIGHT TO ENTER UPON THE SURFACE AND THE
TOP 500 FEET OF THE SUBSURFACE OF THE REAL PROPERTY HEREIN CONVEYED AS RESERVED BY
THE OCCIDENTAL LAND AND DEVELOPMENT CORPORATION, RECORDED JULY 21, 1981,
RECORDER'S FILE '.\O. 81-228252 OF OFFICL\L RECORDS.
RESERVING THEREFROM NON-EXCLUSIVE EASEMENTS AS MORE PARTICULARLY DESCRIBED IN
THE OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED JUNE 01, 1988, EXECUTED BY
POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND FEDERATED DEPARTMENT
STORES, INC., A DELAWARE CORPORATION, RECORDED JUNE 06, 1988 AS FILE NO. 88-26719-1 OF
OFFICIAL RECORDS, AS AMENDED AND RESTATED PURSUANT TO THAT CERTAIN FIRST
AMENDMENT AND RESTATEMENT OF OPERATION AND RECIPROCAL EASEMENT AGREEMENT
DATED DECEMBER 30, 1988 AND RECORDED DECEMBER 30, 1988 AS FILE '.'.0. 1988-67-1762 OF OFFICL\L
RECORDS, RECORDS OF SAN DIEGO COUNTY.
PARCEL B:
NON-EXCLUSIVE EASEMENTS ENCUMBERING PARCELS 1, 3, 5, 6, 7, 8, 13 AND 14 OF PARCEL MAP NO.
15187, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 28, 1988 AS FILE M). 88-1-100-1-1
OF OFFl('lAI. RECORDS, AS MORE PARTICULARLY DESCRIBED IN THE OPERATION AND
RECIPROCAL EASEMENT AGREEMENT DATED JUNE 01, 1988, EXECUTED BY POINSETTIA
ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND FEDERATED DEPARTMENT STORES, INC.,
A DELAWARE CORPORATION, RECORDED JUNE 06, 1988 AS FILE '.\0. 88-26719-1 OF OHl(T\L
RECORDS, AS AMENDED AND RESTATED PURSUANT TO THAT CERTAIN FIRST AMENDMENT AND
RESTATEMENT OF OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED DECEMBER 30,
1988 AND RECORDED DECEMBER 30, 1988 IN THE OFFICIAL RECORDS OF SAN DIEGO COUNTY AS FILE
\0. 1988-674762 OF OFFICIAL RECORDS.
APN: 214-430-16
CL TA Preliminary Report Form -Modified ( l l/17/06) Page 3
PRELIMINARY REPORT
Your Reference: Batiquitos
Fidelity National Title Company
Order No.: 997-23014713-A-MU
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, which are a lien not yet due and payable, including any assessments collected with taxes to be levied
for the fiscal year 2016-2017.
Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Penalty and Cost:
214-430-16-00
2015-2016
$11,048.49, Paid.
$11,048.49, Unpaid (Delinquent after April 10)
$1,114.84
2. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility
Districts, that arise by reason of any local, City, Municipal or County Project or Special District.
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with
Section 75) of the Revenue and Taxation Code of the State of California.
4. Water rights, claims or title to water, whether or not disclosed by the public records.
5. Easements for ingress and egress, pipelines, drainage and/or public utilities and incidental purposes thereto over,
under, along and across the easement Parcel(s) herein described as granted and/or reserved in various deeds of
record.
Affects: Easement Parcel B
6. 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 the document,
Recording Date: July 18, 1963
Recording No: 12,'9}', ,,rr_) tti,til B-c-,:,,n.Js
Said instrument additionally contains the privilege and right to extend structures and excavation and embankment
slopes beyond the limits where required for the construction and maintenance thereof.
Among other things, said document provides:
"Lands which lie generally Northwesterly and Southwesterly of said Parcel shall abut upon and have access as
hereinafter provided to a connecting road which will be connected to the main thoroughfare of the freeway only at
such points as may be established by public authority."
7. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to
those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap,
national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic
information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is
permitted by applicable law, as set forth in the document
Recording Date: July 21, 1981
Recording No: 81 '
CL TA Preliminary Report Form -Modified ( 11/17/06) Page 4
ITEMS (Continued) Fidelity National Title Company
Order No.: 997-23014713-A-MU Your Reference: Batiquitos
8. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to
those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap,
national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic
information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is
permitted by applicable law, as set forth in the document
Recording Date:
Recording No:
December 29, 1983
f;.;:J7.~>7JQLflfti.,:ial Rc..:.Qrcis
9. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication,
on the map of said Iract \,• 1082');
Purpose: Drainage
Affects: Said land as delineated on Map of said Parcel Map
10. Matters contained in that certain document
Entitled:
Dated:
Executed by:
Recording Date:
Recording No:
Agreement Regarding Construction and Use of Desiltation and Retention Basin and
Traffic Improvements
October 07, 1983
Group VI, a California limited partnership, Seabluff Associates, a California joint
venture, Cecil A. Smith, a married man, as his sole and separate property, Carlsbad
Corners Incorporated, a California corporation, R.C. Jewett Company, a California
general partnership and Poinsettia Investment Co., Inc., a California corporation
February 06, 1984
8-1:0'.l-;}-l!) u f()_f!lfiJI R;.:cur(,l,
Reference is hereby made to said document for full particulars.
11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
San Diego Gas and Electric Company
Underground utilities
August 06, I 984
tL227~ I I ,1JQll]<:1al R,·.:grd~
The exact location and extent of said easement is not disclosed of record.
12. Matters contained in that certain document
13.
Entitled:
Dated:
Executed by:
Recording Date:
Recording No:
Hold Harmless Agreement
August 26, 1986
Poinsettia Associates and the City of Carlsbad
December 17, 1986
86'.-;q,:87Qf
Reference is hereby made to said document for full particulars.
Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
San Diego Gas and Electric Company
Underground utilities
October 20, 1987
The exact location and extent of said easement is not disclosed of record.
CL TA Preliminary Report Form -Modified (11/17/06) Page 5
ITEMS (Continued)
Your Reference: Batiquitos
Fidelity National Title Company
Order No.: 997-23014713-A-ML3
14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for
dedication on
Map/Plat:
Purpose: Public utility and general access
Affects: As shown and delineated on said Map as public utility and general access easement
15. Easement( s) for the purpose( s) shown below and rights incidental thereto, as delineated on or as offered for
dedication on
Map/Plat:
Purpose:
Affects:
Parc.:I
Drainage
As shown on said Map
16. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for
dedication on
Map/Plat:
Purpose: Water
Affects: As shown on said Map
17. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for
dedication on
Map/Plat:
Purpose:
Affects:
l'ar.:cl '.,,. I
Traffic signal maintenance
As shown on said Map
18. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for
dedication on
Map/Plat:
Purpose:
Affects:
Par,d'\n. 15181
Clear space
As shown on said Map
19. Recitals as shown on that certain map/plat
Recording Date: March 28, 1988
Recording No: 1-lQ_()J-l of\ >fti.:ial Rc',,H\ls
Which among other things recites:
A. Grantor covenants to Grantee the right to enter upon the subject land and remove or
trim any vegetation or other obstruction contrary to the purpose of this easement.
B. Grantor covenants and aggress for itself and its successor and assigns not to
construct any structure or plant any vegetation that will obstruct the sight distance
over the subject land.
C. The granting of this easement is for the purpose of controlling the use of the land
within the clear space easement and does not authorize or imply that the area may be
used by the general public.
Reference is hereby made to said document for full particulars.
CLTA Preliminary Report Form -Modified (11/17/06) Page 6
ITEMS (Continued) Fidelity National Title Company
Order No.: 997-23014713-A-MU Your Reference: Batiquitos
20. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for
dedication on
Map/Plat:
Purpose:
Affects:
Reciprocal parking and access
As shown upon said Map
21. Easement( s) for the purpose( s) shown below and rights incidental thereto, as delineated on or as offered for
dedication on
22.
Map/Plat:
Purpose:
Affects:
l'a ri:1:J'\,~, I 5
Public utility, general access and drainage
As shown on said Map
The effect of the notation on \lap '\,,. s-, as follows:
A reciprocal access and drainage easement is hereby reserved across Parcels 1 through 14, inclusive, and the
maintenance of said easement shall be the responsibility of all the property owners in perpetuity.
23. The effect of the notation on Pari:;1 \ lap '\~\: I ' I , as follows:
The maintenance of the private access easement over Lot 9 shall be the common responsibility of all property
owners in perpetuity.
24. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Pacific Bell
Underground communication structures and aboveground markers, pedestals, terminal
equipment cabinets, other associated electrical conductors
May 31, 1988
The exact location and extent of said easement is not disclosed of record.
25. Matters contained in that certain document
Entitled:
Dated:
Executed by:
Recording Date:
Recording No:
Agreement Regarding Operation and Reciprocal Easement
June 01, 1988
Poinsettia Associates, a California limited partnership and Federated Department Stores,
Inc., a Delaware corporation
June 06, 1988
88-~(,71 Rcc:urds
Reference is hereby made to said document for full particulars.
Matters contained in that certain document
Entitled:
Executed by:
Recording Date:
Recording No:
First Amendment and Restatement of Operation and Reciprocal Easement Agreement
Poinsettia Associates, a California limited partnership; Ralphs Grocery Company, a
Delaware corporation; and Pay Less Drug Stores Northwest, Inc., a Maryland corporation
December 30, 1988
88-67:FCi.:: ,,r
CLTA Preliminary Report Form -Modified (11/17/06) Page 7
ITEMS ( Continued)
Your Reference: Batiquitos
Fidelity National Title Company
Order No.: 997-23014713-A-ML3
Matters contained in that certain document
Entitled: Secondary Operating Agreement
Executed by: Poinsettia Associates, a California general partnership and Poinsettia Village, L.P., a
California limited partnership
Recording Date: March 27, 1989
Recording No: 11 RccQrd,
Reference is hereby made to said document for full particulars.
26. Rights, easements and privileges as created under that certain Operation and Reciprocal Agreement in favor of
Federated Department Stores, Inc., a Delaware corporation, recorded June 06, 1988 as ULc '\,\ 88~;J1712J ,if
Ojfic'ial Rc_c,ii:ti,;.
27. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the
document
Entitled:
Lessor:
Lessee:
Recording Date:
Recording No:
Memorandum of Lease Agreement
Poinsettia Associates, a California general partnership
Pactel Cellular, a California corporation
November 25, 1991
l 9,) J:fl1JQ8.:'35,,t· QJ"tic:ial Rc.:Prd,
The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are
not shown herein.
28. Matters contained in that certain document
Entitled:
Dated:
Executed by:
Recording Date:
Recording No:
Notice of Restriction on Real Property
August 08, 2005
Donahue Schriber Realty Group, L.P., A Delaware limited partnership
September 14, 2005
:'.00~-079 Rcc,,rd,,
Reference is hereby made to said document for full particulars.
Affects: The herein described Land and other land.
29. Assignment of Rents and Leases
Assigned to:
Assigned by:
Recording Date:
Recording No:
Affects:
Donahue Schriber Realty Group, L.P., A Delaware limited partnership
Poinsettia Associates, a California general partnership
February 28, 2008
~'.008-0 I U.:'310 Ofticul f:(c.:,ir,L
The herein described Land and other land.
CL TA Preliminary Report Form -Modified ( 11/17/06) Page 8
ITEMS (Continued)
Your Reference: Batiquitos
Fidelity National Title Company
Order No.: 997-23014713-A-MU
30. Matters contained in that certain document
Entitled:
Dated:
Executed by:
Recording Date:
Recording No:
Secondary Operating Agreement
March 23, 1989
poinsettia Associates, a California General Partnership and Poinsettia Village, L.P., a
California Limited Partnership
March 27, 1989
< )Clis:i,tl Record,
Reference is hereby made to said document for full particulars.
Affects: The herein described Land and other land.
Matters contained in that certain document
Entitled:
Dated:
Executed by:
Recording Date:
Recording No:
First Amendment to Secondary Operating Agreement
February 27, 2008
Donahue Schriber Realty Group, L.P., A Delaware limited partnership and Mitchell Land
and Improvement Co., a California corporation
June 30, 2008
Reference is hereby made to said document for full particulars.
31. A deed of trust to secure an indebtedness in the amount shown below,
Amount:
Dated:
Trustor/Grantor
Trustee:
Beneficiary:
Recording Date:
Recording No:
Affects:
$121,000,000.00
October 24, 2008
Donahue Schriber Realty Group, L.P., A Delaware limited partnership
PRLAP, Inc.
Bank of America, N.A., a national banking association
October 24, 2008
2()08-055:'
The herein described Land and other land.
An agreement to modify the terms and provisions of said deed of trust as therein provided
Executed by:
Recording Date:
Recording No:
Donahue Schriber Realty Group, L.P., A Delaware limited partnership and Bank of
America, N.A., a national banking association
February 16, 2010
10-007, I Uftici~11 Ri;_~~,,_rc!s
An agreement to modify the terms and provisions of said deed of trust as therein provided
Executed by:
Recording Date:
Recording No:
Donahue Schriber Realty Group, L.P., A Delaware limited partnership; PRLAP, Inc.; and
bank of America, N.A., a national banking association
June 23, 2011
11-()3 17
An agreement to modify the terms and provisions of said deed of trust as therein provided
Executed by:
Recording Date:
Recording No:
Donahue Schriber Realty Group, L.P., A Delaware limited partnership and Bank of
America, N.A., a national banking association
February 15, 2013
20Jl:()IJH6 70 t_ifUHkial Rcc,ir~b
CL TA Preliminary Report Form -Modified (11/17/06) Page 9
ITEMS (Continued)
Your Reference: Batiquitos
Fidelity National Title Company
Order No.: 997-23014713-A-MLJ
An agreement to modify the terms and provisions of said deed of trust as therein provided
Executed by: Donahue Schriber Realty Group, L.P., A Delaware limited partnership and Bank of
America, N.A., a national banking association
Recording Date: September 3, 2013
Recording No: l J-0~..!~2} 7 Ql.(llti.:i;1ll{','c:Qr~b
The Deed of Trust set forth above is purported to be a "Credit Line" Deed of Trust. It is a requirement that the
Trustor/Grantor of said Deed of Trust provide written authorization to close said credit line account to the Lender
when the Deed of Trust is being paid off through the Company or other Settlement/Escrow Agent or provide a
satisfactory subordination of this Deed of Trust to the proposed Deed of Trust to be recorded at closing.
32. A financing statement as follows:
Debtor:
Secured Party:
Recording Date:
Recording No:
Affects:
Donahue Schriber Realty Group, L.P.
Bank of America, N.A.
October 24, 2008
200R-0:'}7J9s~(if
The herein described Land and other land.
33. Matters contained in that certain document
Entitled:
Dated:
Agreement of Covenants, Restrictions and Easements Relating to Parcel Sale
January 07, 2010
Executed by: Donahue Schriber Realty Group, L.P., A Delaware limited partnership and Tao, LLC, a
California limited liability company
Recording Date: January 07, 2010
Recording No: 20 l 0-00068:+lif( >fticial R..:1.wd~
Reference is hereby made to said document for full particulars.
Affects: The herein described Land and other land.
34. INTENTIONALLY DELETED.
35. INTENTIONALLY DELETED.
36. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the
public records.
The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license
and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title
insurance without excepting this item from coverage.
The Company reserves the right to except additional items and/or make additional requirements after reviewing said
documents.
37. Matters which may be disclosed by an inspection and/or by a correct AL TA/ ACSM Land Title Survey of said Land
that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof.
CLTA Preliminary Report Form -Modified (11/17/06) Page 10
ITEMS (Continued)
Your Reference: Batiquitos
Fidelity National Title Company
Order No.: 997-23014713-A-MU
38. Before issuing its policy of title insurance, the Company will require the following for the below-named limited
partnership:
Name: Donahue Schriber Realty Group, L.P., A Delaware limited partnership
Certificate of Limited Partnership filed with the Secretary of State, in compliance with the provisions of the
California Revised Limited Partnership Act, Section 15611 et. seq., Corporations Code.
Certified Copy of the Certificate of Limited Partnership certified by the Secretary of State filed with the County
Recorder.
The Company reserves the right to add additional items or make further requirements after review of the requested
documentation
39. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's
Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be
completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your
prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you.
The Company reserves the right to add additional items or make further requirements after review of the requested
Affidavit/Declaration.
END OF ITEMS
CL TA Preliminary Report Form -Modified (11/17/06) Page 11
PRELIMINARY REPORT
Your Reference: Batiquitos
TO:
BANK:
ROUTING NO:
ACCOUNT NO:
NOTES
WIRING INSTRUCTIONS
FNT -Major Accounts -Title Department
1300 Dove Street, Suite 310
Newport Beach, CA 92660
Wells Fargo Bank
420 Montgomery
San Francisco, CA 94104
121000248
4123824971
PLEASE REFER TO OUR ORDER NO.: 997-23014713-A-ML3
ESCROW OFFICER: Major Accounts OAC
TITLE ORDER NO.: 23014713-PP
Fidelity National Title Company
Order No.: 997-23014713-A-MU
Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report.
Note: The current owner does NOT qualify for the $20.00 discount pursuant to the coordinated stipulated judgments
entered in actions filed by both the Attorney General and private class action plaintiffs, for the herein described
Land.
END OF NOTES
CL TA Preliminary Report Form -Modified ( 11/17 /06) Page 12
PRELIMINARY REPORT
Your Reference: Batiquitos
Fidelity National Title Company
Order No.: 997-23014713-A-MU
OWNER'S DECLARATION
The undersigned hereby declares as follows:
I. (Fill in the applicable paragraph and strike the other)
a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at
b.
further described as follows: See Preliminary Report/Commitment No. 997-23014713-A-MU for full
legal description (the "Land").
Declarant is the
("Owner"), which is the owner or lessee, as the case may be, of certain premises located at
further described as follows: See Preliminary Report/Commitment No. 997-23014713-A-ML3 for full
legal description (the "Land").
2. (Fill in the applicable paragraph and strike the other)
a. During the period of six months immediately preceding the date of this declaration no work has been done,
no surveys or architectural or engineering plans have been prepared, and no materials have been furnished
in connection with the erection, equipment, repair, protection or removal of any building or other structure
on the Land or in connection with the improvement of the Land in any manner whatsoever.
b. During the period of six months immediately preceding the date of this declaration certain work has been
done and materials furnished in connection with upon
the Land in the approximate total sum of $ , but no work whatever remains to be done and no
materials remain to be furnished to complete the construction in full compliance with the plans and
specifications, nor are there any unpaid bills incurred for labor and materials used in making such
improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as
follows: . Owner,
by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelity National
Title Insurance Company against any and all claims arising therefrom.
3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner
thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to
the Land.
4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied
mortgages, deeds of trust, Uniform Commercial Code financing statements, claims of lien, special assessments, or
taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records.
5. The Land is currently in use as ____________________ occupy/occupies the Land;
and the following are all of the leases or other occupancy rights affecting the Land:
6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded
easements, claims of easement, or boundary disputes that affect the Land.
7. There are no outstanding options to purchase or rights of first refusal affecting the Land.
This declaration is made with the intention that Fidelity National Title Insurance Company (the "Company") and its policy
issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned
Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred
by the Company as a result of any untrue statement made herein.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on __ at
Signature: ____________ _
Fidelity National Financial, Inc.
Privacy Statement
Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal
Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices,
including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows
the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as
described herein.
Personal Information Collected
We may collect Personal Information about you from the following sources:
• Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification
number, asset information, and income information;
• Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the
website links you used to get to our websites, and your activity while using or reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy,
premiums, payment history, information about your home or other real property, information from lenders and other third parties involved
in such transaction, account balances, and credit card information; and
• Information we receive from consumer or other reporting agencies and publicly recorded documents.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various
individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these
disclosures. Disclosures may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to
enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance
transaction;
• To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or
providing you with services you have requested;
• To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena
or a governmental investigation;
• To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing
agreements and/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be
determined, settled, paid or released prior to a title or escrow closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply
with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal
process.
Disclosure to Affiliated Companies -We are permitted by law to share your name, address and facts about your transaction with other FNF
companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for
marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from
consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is
otherwise permitted by law.
Disclosure to Nonaffiliated Third Parties -We do not disclose Personal Information about our customers or former customers to nonaffiliated third
parties, except as outlined herein or as otherwise permitted by law.
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you.
We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information.
Access to Personal Information/Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom
your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to
maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future
coverage claims.
For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity.
Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to:
Changes to this Privacy Statement
Chief Privacy Officer
Fidelity National Financial, Inc.
60 I Riverside A venue
Jacksonville, FL 32204
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy
Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above,
indicates the last time this Privacy Statement was revised or materially changed.
Privacy Policy Effective Date: 5/1/2008
Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the 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 field 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 each discount. These discounts only apply to transaction 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.
FNF Underwriter FNF Underwritten Title Company
FNTC -Fidelity National Title Company FNTIC -Fidelity National Title Insurance Company
FNTCCA -Fidelity National Title Company of California
Available Discounts
CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (FNTIC)
Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be
reopened within 12 or 36 months and all or a portion of the charge previously paid for the report or commitment may be
credited on a subsequent policy charge.
FEE REDUCTION SETTLEMENT PROGRAM (FNTC, FNTCCA and FNTIC)
Eligible customers shall receive $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 et al. v.
Fidelity National Title Insurance Company et al., Sacramento Superior Court Case No. 99AS02793, and related cases.
DISASTER LOANS (FNTIC)
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 (FNTIC)
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 40% to 50% of the
appropriate title insurance rate, depending on the type of coverage selected.
CA Discount Notice Effective Date: 1-10-2010
Notice
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or
refinanced residential property in California 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 the subject of
your current transaction, you must 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 provided the Company information concerning a prior transaction,
the Company is required to determine if you qualify for a discount.
Effective through November 1, 2014
ATTACHMENT ONE
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured
against loss, costs, attorneys' fees, and expenses resulting from:
I. Governmental police power, and the existence or violation
of any law or government regulation. This includes
building and zoning ordinances and also laws and
regulations concerning:
• land use
• 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.
In addition to the Exclusions, you are not insured against loss,
costs, attorneys' fees, and the expenses resulting from:
I. Any rights, 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.
Attachment One (07/26/10)
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
3. 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.
4. Any water rights or claims or title to water in or under the
land, whether or not shown by the public records.
ATTACHMENT ONE
(Continued)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions
or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or a
change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation
of these laws, ordinances or governmental regulations,
except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation
affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the
exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured
claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured
claimant became an insured under this policy;
( c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy
( except to the extent that this policy insures the
priority of the lien of the insured mortgage over any
statutory lien for services, labor or material or to the
extent insurance is afforded herein as to assessments
for street improvements under construction or
completed at Date of Policy); or
(e) resulting in loss or damage which would not have
been sustained if the insured claimant had paid value
for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage
because of the inability or failure of the insured at Date of
Policy, or the inability or failure of any subsequent owner
of the indebtedness, to comply with applicable doing
business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured
mortgage, or claim thereof, which arises out of the
transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in
lending law.
6. Any claim, which arises out of the transaction vesting in
the insured the estate or interest insured by this policy or
the transaction creating the interest of the insured lender, by
reason of the operation of federal bankruptcy, state
insolvency or similar creditors' rights Jaws.
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:
I. Taxes or assessments which are not shown as existing liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests or claims which are not shown
by the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons
in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not
shown by the public records.
Attachment One (07/26/10)
PART I
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public
records.
5. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; ( c) water rights, claims or title to water, whether or
not the matters excepted under ( a), (b) or ( c) are shown by
the public records.
6. Any lien or right to a lien for services, labor or material not
shown by the Public Records.
ATTACHMENT ONE
(CONTINUED)
FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH A.L.T.A. 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:
I. (a) Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions
or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or a
change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation
of these laws, ordinances or governmental regulations,
except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation
affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the
exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured
claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured
claimant became an insured under this policy;
( c) resulting in no loss or damage to the insured claimant;
( d) attaching or created subsequent to Date of Policy
( except to the extent that this policy insures the
priority of the lien of the insured mortgage over any
statutory lien for services, labor or material or to the
extent insurance is afforded herein as to assessments
for street improvements under construction or
completed at Date of Policy); or
(e) resulting in loss or damage which would not have
been sustained if the insured claimant had paid value
for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage
because of the inability or failure of the insured at Date of
Policy, or the inability or failure of any subsequent owner
of the indebtedness, to comply with applicable doing
business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured
mortgage, or claim thereof, which arises out of the
transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in
lending law.
6. Any statutory lien for services, labor or materials ( or the
claim of priority of any statutory lien for services, labor or
materials over the lien of the insured mortgage) arising
from an improvement or work related to the land which is
contracted for and commenced subsequent to Date of
Policy and is not financed in whole or in part by proceeds
of the indebtedness secured by the insured mortgage which
at Date of Policy the insured has advanced or is obligated
to advance.
7. Any claim, which arises out of the transaction creating the
interest of the mortgagee insured by this policy, by reason
of the operation of federal bankruptcy, state insolvency, or
similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured
mortgagee being deemed a fraudulent conveyance or
fraudulent transfer; or
( ii) the subordination of the interest of the insured
mortgagee as a result of the application of the doctrine
or equitable subordination; or
(iii) the transaction creating the interest of the insured
mortgagee being deemed a preferential transfer except
where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a
purchaser for value or a judgment or lien creditor.
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:
I. 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
Attachment One (07/26/10)
inspection of the land or which may be asserted by persons
in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not
shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public
records.
5. (a) Unpatented mmmg claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; ( c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b) or (c) are shown by
the public records.
6. Any lien or right to a lien for services, labor or material not
shown by the Public Records.
ATTACHMENT ONE
(CONTINUED)
2006 AMERICAN LAND TITLE ASSOCIATION 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, attorneys' fees, or expenses that arise by reason of:
I. (a) Any law, ordinance, permit, or governmental
regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision ofland; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or
governmental regulations. This Exclusion J(a) does
not modify or limit the coverage provided under
Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b)
does not modify or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify
or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other
matters
( a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company
by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy
(however, this does not modify or limit the coverage
provided under Covered Risk 11, 13 or 14); or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for
the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage
because of the inability or failure of an Insured to comply
with applicable doing-business laws of the state where the
Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien
of the Insured Mortgage that arises out of the transaction
evidenced by the Insured Mortgage and is based upon
usury or any consumer credit protection or truth-in-lending
law.
6. Any claim, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights
laws, that the transaction creating the lien of the Insured
Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in
Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments
imposed by governmental authority and created or
attaching between Date of Policy and the date of recording
of the Insured Mortgage in the Public Records. This
Exclusion does not modify or limit the coverage provided
under Covered Risk 1 J(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
1. (a) Taxes or assessments that are not shown as existing
liens by the records of any taxing authority that levies taxes
or assessments on real property or by the Public Records;
(b) proceedings by a public agency that may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public
Records.
2. Any facts, rights, interests, or claims that are not shown by
the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons
in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not
shown by the Public Records.
Attachment One (07/26/10)
4. Any encroachment, encumbrance, violation, vanatlon, or
adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the
Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; ( c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b ), or ( c) are shown by
the Public Records.
6. Any lien or right to a lien for services, labor or material not
shown by the Public Records.
ATTACHMENT ONE
(CONTINUED)
FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions
or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or a
change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation
of these laws, ordinances or governmental regulations,
except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation
affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the
exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured
claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured
claimant became an insured under this policy;
( c) resulting in no loss or damage to the insured claimant;
( d) attaching or created subsequent to Date of Policy; or
( e) resulting in loss or damage which would not have
been sustained if the insured claimant had paid value
for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in
the insured the estate or interest insured by this policy, by
reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based
on:
(i) the transaction creating the estate or interest insured
by this policy being deemed a fraudulent conveyance
or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured
by this policy being deemed a preferential transfer
except where the preferential transfer results from the
failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a
purchaser for value or a judgment or lien creditor.
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:
I.
2.
3.
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.
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.
Attachment One (07/26/10)
4.
5.
6.
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 the matters excepted under ( a), (b) or ( c) are shown
by the public records.
Any lien or right to a lien for services, labor or material not
shown by the Public Records.
ATTACHMENT ONE
(CONTINUED)
2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy, and the Company will not pay loss or damage,
costs, attorneys' fees, or expenses that arise by reason of:
I. (a) Any law, ordinance, permit, or governmental
regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or relating
to
(b)
(i)
(ii)
the occupancy, use, or enjoyment of the Land;
the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision ofland; or
(iv) environmental protection;
or the effect of any violation of these laws,
ordinances, or governmental regulations. This
Exclusion l(a) does not modify or limit the coverage
provided under Covered Risk 5.
Any governmental police power. This Exclusion l(b)
does not modify or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify
or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other
matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company
by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
( d) attaching or created subsequent to Date of Policy
(however, this does not modify or limit the coverage
provided under Covered Risk 9 and IO); or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for
the Title.
4. Any claim, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights
laws, that the transaction vesting the Title as shown in
Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in
Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments
imposed by governmental authority and created or
attaching between Date of Policy and the date of recording
of the deed or other instrument of transfer in the Public
Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
I.
2.
3.
(a) Taxes or assessments that are not shown as existing
liens by the records of any taxing authority that levies taxes
or assessments on real property or by the Public Records;
(b) proceedings by a public agency that may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public
Records.
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 the Land.
Easements, liens or encumbrances, or claims thereof, not
shown by the Public Records.
Attachment One (07/26/10)
4.
5.
6.
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 that 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 the matters excepted under (a), (b), or (c) are shown by
the Public Records.
Any lien or right to a lien for services, labor or material not
shown by the Public Records.
ATTACHMENT ONE
(CONTINUED)
CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
I. Governmental police power, and the existence or violation
of any law or government regulation. This includes
ordinances, laws and regulations concerning:
b. the taking happened before the Policy Date and is
binding on You if You bought the Land without
Knowing of the taking.
a. building 4. Risks:
b. zoning
c. Land use
d. improvements on 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.
a. that are created, allowed, or agreed to by You, whether
or not they appear in the Public Records.
b. that are Known to You at the Policy Date, but not to
Us, unless they appear in the Public Records at the
Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date-this does not
limit the coverage described in Covered Risk 7, 8.d.,
22, 23, 24 or 25. This Exclusion does not limit the coverage described in Covered
Risk 14, 15, 16, 17 or 24. 5. Failure to pay value for Your Title.
2. The failure of Your existing structures, or any part of them,
to be constructed in accordance with applicable building
codes. This Exclusion does not apply to violations of
building codes if notice of the violation appears in the
Public Records at the Policy Date.
6. Lack of a right:
a. to any Land outside the area specifically described and
referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
3. The right to take the Land by condemning it, unless:
This Exclusion does not limit the coverage described in Covered
Risk 11 or 18.
a. notice of exercising the right appears in the Public
Records at the Policy Date; or
LIMIT A TIO NS 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:
Covered Risk 15:
Covered Risk 16:
Covered Risk 18:
Attachment One (07/26/10)
Your Deductible Amount
I% of Policy Amount
or
$2,500.00
( whichever is less)
1% of Policy Amount
or
$5,000.00
( whichever is less)
I% of Policy Amount
or
$5,000.00
(whichever is less)
I% of Policy Amount
or
$2,500.00
(whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ATTACHMENT ONE
(CONTINUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule 8, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
I. Governmental police power, and the existence or violation a. that are created, allowed, or agreed to by You, whether
of those portions of any law or government regulation or not they are recorded in the Public Records;
concerning: b. that are Known to You at the Policy Date, but not to
a. building; Us, unless they are recorded in the Public Records at
b. zoning; the Policy Date;
c. land use; c. that result in no loss to You; or
d. improvements on the Land; d. that first occur after the Policy Date-this does not
e. land division; and limit the coverage described in Covered Risk 7, 8.e.,
f. environmental protection. 25, 26, 27 or 28.
This Exclusion does not limit the coverage described in Covered 5. Failure to pay value for Your Title.
Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 6. Lack of a right:
2. The failure of Your existing structures, or any part of them, a. to any land outside the area specifically described and
to be constructed in accordance with applicable building referred to in paragraph 3 of Schedule A; and
codes. This Exclusion does not limit the coverage described b. in streets, alleys, or waterways that touch the Land.
in Covered Risk 14 or 15. This Exclusion does not limit the coverage described in
3. The right to take the Land by condemning it. This Covered Risk 11 or 21.
Exclusion does not limit the coverage described in Covered 7. The transfer of the Title to You is invalid as a preferential
Risk 17. transfer or as a fraudulent transfer or conveyance under
4. Risks: federal bankruptcy, state insolvency, or similar creditors'
rights laws.
LIMIT A TIO NS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in
Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
Attachment One (07/26/10)
Your Deductible Amount
1 % of Policy Amount Shown in Schedule A
or
$2,500.00
( whichever is less)
I% of Policy Amount Shown in Schedule A
or
$5,000.00
( whichever is less)
I% of Policy Amount Shown in Schedule A
or
$5,000.00
(whichever is less)
I% of Policy Amount Shown in Schedule A
or
$2,500.00
(whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ATTACHMENT ONE
(CONTINUED)
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, attorneys' fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation
(including but not limited to 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
improvements now or hereafter erected on the 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
protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the
extent that 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.
This exclusion does not limit the coverage provided
under Covered Risks 12, 13, 14 and 16 of this policy.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the
exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the Land has been recorded in the
Public Records a Date 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 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 damage to the Insured Claimant;
Attachment One (07/26/IO)
(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.
4. Unenforceability of the lien of the Insured Mortgage
because of the inability or failure of the Insured at Date of
Policy, or the inability or failure of any subsequent owner
of the indebtedness, to comply with applicable doing
business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured
Mortgage, or claim thereof, which arises out of the
transaction evidenced by the Insured Mortgage and is based
upon usury, except as provided in Covered Risk 27, or any
consumer credit protection or truth-in-lending law.
6. Real property taxes or assessments of any governmental
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.
7. Any claim of invalidity, unenforceability or lack of priority
of the lien of the Insured Mortgage as to advances or
modifications made after the Insured has Knowledge that
the vestee shown in Schedule A is no longer the owner of
the estate or interest covered by this policy. This exclusion
does not limit the coverage provided in Covered Risk 8.
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 thereon, over liens, encumbrances and
other matters affecting the title, the existence of which are
Known to the Insured at:
(a) The time 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 modification than it would have been before the
modification. This exclusion does not limit the
coverage provided in Covered Risk 8.
9. The failure of the residential structure, or any portion
thereof to have been constructed before, on or after Date of
Policy in accordance with applicable building codes. This
exclusion does not apply to violations of building codes if
notice of the violation appears in the Public Records at
Date of Policy.
ATTACHMENT ONE
(CONTINUED)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07/26/10)
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:
l. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) the subdivision ofland; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion l(a) does not modify or limit
the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6,
13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk II, 16, 17, 18, 19,20,21,22,23,24,27or28);or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify
or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this
policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to
Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk l l(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance
with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
Attachment One (07/26/10)
230 l47 l3-4fcc8c3f-l l06-43e7-a3c4-9670 l8fde5 l l.PRE
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Site: Batiquitos
Letter of Authorization
APPLICATION FOR ZONING/LAND USE ENTITLEMENTS
Property Address: 7130 Avenida Encinas, Carlsbad, CA 92011
Assessor's Parcel Number: =2..._14_,_--'4=3-"-0-'-1'""'6"""-"'""00"---------------------
I/We, the owner(s) of the above-described property, authorize Los Angeles SMSA Limited
Partnership, a California limited partnership, d/b/a Verizon Wireless, with offices located at 15505 Sand
Canyon A venue, Irvine, CA 92618, its employees, representatives, agents, and/or consultants, to act as an
agent on my/our behalf for the purpose of creating, filing and/or managing any land use and building
permit applications, or any other entitlements necessary to construct and operate a wireless
communications facility on the above-described property. I/We understand that any application may be
denied, modified, or approved with conditions, and that such conditions or modifications must be
complied with prior to issuance of building permits.
I/We further understand that signing of this authorization in no way creates an obligation of any kind.
Title:
r t/4A/tio.Jc£
~-t/.P. &#srwa10~
Date: __ U_·-3~·~/~&7 ____ _ Date: --------------
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 OAANGE
On (}IJ/\Jf: 7. ~/~ before me, l.EQN'( I. R.oAINcSCN , Notary Public, personally appeared
SCOTT '-PtWReNcE who proved to me on
the basis of satisfactory evidence to be the person~) whose name(-..) is/aze subscribed to the within instrument and
acknowledged to me that he/~ executed the same in his/~ authorized capacity(ie:s.), and that by
his/~ signature~) on the instrument the person(.g), or the entity upon behalf of which the person(is.) acted,
executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
() 0
ASSIST ANT CORPORA TE SECRETARY'S CERTIFICATE
I, Kathleen A. Stepp, Assistant Corporate Secretary of Donahue Schriber Realty
Group, Inc., a Maryland corporation (this Corporation"), being the sole General Partner
of Donahue Schriber Realty Group, LP., a Delaware limited partnership, hereby certify
as follows:
I . At an Annual Meeting of the Board of Directors of Donahue Schriber
Realty Group, Inc. (the "Board") held on May 12, 2016 the Board adopted
the following resolutions and the same have not since been rescinded or
modified, and are presently in full force and effect:
I ELECTION OF OFFICERS
"RESOLVED: That Donahue Schriber Realty Group, Inc., a Maryland
corporation (this "Corporation"), as sole general partner of Donahue
Schriber Realty Group, L.P., a Delaware limited partnership (the
"Partnership"), hereby appoints the following persons to the indicated
offices of the general partner to serve until the earlier of their resignation
or removal, such persons to serve without any compensation in addition to
that which they may be entitled to receive from time to time as employees
of the general partner or any of its subsidiaries:
THOMAS L. SCHRIBER
PATRICK S. DONAHUE
LAWRENCE P. CASEY
LISA L. HIROSE
DAVID W. MOSSMAN
MARK L. WHITFIELD
HENRY AVILA
HEATHER BEAL
SCOTT LAWRENCE
WARREN ADAIR
SUZANNE DOUGLASS
ksldsrgcorp\Mgml Sign.sec.cer 2016
-l -
CHAIRMAN EMERITUS OF THE
BOARD
CHAIRMAN OF THE BOARD
AND CHIEF EXECUTIVE
OFFICER
PRESIDENT AND CHIEF
OPERA TING OFFICER
EXECUTIVE VICE PRESIDENT,
CHIEF ADMINISTRATIVE
OFFICER, TREASURER AND
SECRETARY
EXE CUTI VE VICE PRESIDENT
AND CHIEF INVESTMENT
OFFICER
EXECUTIVE VICE PRESIDENT
SENIOR VICE PRESIDENT
SENIOR VICE PRESIDENT
SENIOR VICE PRESIDENT
VICE PRESIDENT
VICE PRESlDENT
C)
CHRISTOPHER J. ELLIOTI
COLIN GAMBER
RY AN GILLARD
KATHLEEN HOGA TE
JACK D. STEINHAUER
AUDREY YOKOTA RHOADS
KATHLEEN A. STEPP
0
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
ASSIST ANT CORPORATE
SECRET AR y''
2. Pursuant to Article 7, MANAGEMENT AND OPERATIONS OF BusrNESS, of the
Agreement of Limited Partnership of Donahue Schriber Realty Group,
L.P., adopted on January 28, 1997, the above-named officers have full
power and authority to do all things deemed necessary or desirable to
conduct the business of the Partnership in accordance with the following
provisions, which have not since been rescinded or modified, and are
presently in full force and effect:
"Section 7.1 A.(3) the acquisition, disposition, mortgage, pledge, encum-
brance, hypothecation or exchange of any assets of
the Partnership (including the exercise or grant of any
conversion, option, privilege, or subscription right or
other right available in connection with any assets as
any time held by the Partnership) or the merger or
other combination of the Partnership with or into
another entity;
Section 7.1 A.(6) the negotiation, execution, and performance of any
contracts, conveyances or other instruments that the
General Partner considers useful or necessary to the
conduct of the Partnership's operations or the
implementation of the General Partner's powers
under this Agreement, including contracting with
contractors, developers, consultants, accountants,
legal counsel, other professional advisors and other
agents and the payment of their expenses and
compensation out of the Partnership's assets;
Section 7 .1 A.(19) the making, execution and delivery of any and all
deeds, leases, notes, mortgages, deeds of trust,
security agreements, conveyances, contracts,
guarantees, warranties, indemnities, waivers, releases
or legal instruments or agreements in writing
necessary or appropriate, in the judgment of the
General Partner, for the accomplishment of any of the
powers of the General Partner enumerated in this
Agreement;
ks\dsrgcorp\Mgml Sign.sec.cer 20l6
-2-
0
Section 7. l B.
0
Each of the Limited Partners agrees that the General
Partner is authorized to execute, deliver and perform
the above-mentioned agreements· and transactions on
behalf of the Partnership without any further act,
approval or vote of the Partners, notwithstanding any
other provision of this Agreement, the Act or any
applicable law, rule or regulation, to the fullest extent
permitted under the Act or other applicable law, rule
or regulation. The execution, delivery or performance
by the General Partner or the Partnership of any
agreement authorized or pennitted under this
Agreement shall not constitute a breach by the
General Partner of any duty that the General Partner
may owe the Partnership or the Limited Partners or
any other Persons under this Agreement or of any
duty stated or implied by law or equity."
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Corporation on this 7th day of June, 2016.
ks\dsrgcorp\Mgmt Sign.sec.cer 2016
Donahue Schriber Realty Group, L.P .,
a Delaware limited partnership
By: Donahue Schriber Realty Group, Inc.,
a Maryland corporation, as General Partner
By: ~d.~
Kathleen A. Stepp
Assistant Corporate Secretary
-3 -
----
-~
ver,zgnwireless
July 8, 2011
Verizon Wireless
15505 Sand Canyon A,e
Irvine , CA 92618 3114
Phone 949 286-7000
RE: Sequoia Deployment Services, Inc, as a representative for Verizon Wireless
To Whom It May Concern:
Sequoia Deployment Services, Inc. is an authorized representative of Verizon Wireless
and has been contracted to perform (i.e., real estate leasing, land use entitlements,
permitting, etc.) on behalf of Verizon Wireless in connection with their
telecommunications facilities.
As an authorized representative of Verizon Wireless, Sequoia Deployment Services,
Inc. may sign and submit (i.e. land use applications and permits, as well as negotiate
leases, etc.) on behalf of and with approval by Verizon Wireless.
Sincerely,
K{W,(1f~
Karen Pereda
Verizon Wireless -Network
Specialist-Regulatory/RE
Southern California Region