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HomeMy WebLinkAboutMP 177D; AVIARA PLANNING AREA 24; Master Plan (MP)-' .. •• . -C ITV OF CARLSBAD lAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: {CHECK BOXES) (For Der. (For De~t. Use On y) Use On y) GJ Master Pl an M~l}.~.~IJ.t .... /1? {v) D General Plan Amendment ...... D Specific Plan ............. □ Site Development Plan ....... D Precise Development Plan ... D Zone Change ................. D Tentative Tract Map ........ □ Conditional Use Permit ...... D Planned Development Permit □ Hillside Development Permit. D Non-Residential Planned D Environmental Impact Development Permit ........ Assessment ................ □ Condominium Permit ......... □ Variance .................... D Special Use Permit ......... □ Planned Industrial Permit ... D Redevelopment Permit ....... D Coastal Development Permit .. □ Tentative Parcel Map ....... D Planning Cammi s s ion Deter ... D Administrative Variance .... -a /_$.{ dxu,k{ ~@ti Aw,J, ~-b \ 2) LOCATION OF PROJECT: ON THE I south I SIDE OF I proposed Poinsettia Lane I (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I El Camino Real I AND I Alga Road I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION:! Portions of Section 22, 26, 27, 28, 33 and 34 lin Township 12 south. 4) ASSESSOR PARCEL NO(S).j 215-040-16 I 5) LOCAL FACILITIES~ MANAGEMENT ZONE 6) EXISTING GENERALI RLM, RM PLAN DESIGNATION R.C,N,OS I 7~ PROPOSED GENERALlsame LAN DESIGNATION I 8) EXISTING ZONING! PC 19) PROPOSED ZONING! Same I 10) GROSS SITE I 52.65 I ACREAGE 11) PROPOSED NUMBER OFI 116 112) PROPOSED NUMBER! 120 113) TYPE OF I SF I SUBDIVISION RESIDENTIAL UNITS OF LOTS 14) NUMBER OF EXISTING RESIDENTIAL UNITsl I (RESIDENTIAL N/A COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL I OFFICE/SQUARE FOOTAGE N/A I 16~ PROPOSED COMMERCIAL SQ ARE FOOTAGE I NlA I ARFH0008.DH 4/89 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM 17) PERCENTAGE OF PROPOSED PROJECT. IN OPEN SPACE ~' _2_6_% __ ~1 19) 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 116 I PAGE 2 OF 2 PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC I 1160 20) PROJECT NAME :I._ A_v_i_a_r_a ____________________ ---1 2l)BRIEF DESCRIPTION OF PROJECT: I Master Plan Amendment for 116 single-family homes on a minimum 7500 s.f. lots. 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE) Aviara Land Assoc. NAME (PRINT OR TYPE) same MAILING ADDRESS 2011 Palomar Airport Rd. MAILING ADDRESS Suite 206. ·. same CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Carlsbad,CA 92009 (619) 931-11 0 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF M NOWLEDGE. S TURE DATE 6 I 11/ 9 c:::::±:===:z:J__-J--6 / 1 ·1/ . o ~------=-!,<--------------'~-----1----+------~-' ************************************************************** *******************t** FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED AUG 13 1990 CITY OF CARLSBAD DEVELOP PRDC SER\~DI~ DATE STAMP APPLICATIONEC 1VE RECEIVED BY: TOTAL FEE REQurnrnl s-1 s-2.s.0 I DATE FEE PAroi ,g!,c,})o I , RECEIPT No. J..__ __ --J • J IIDC'Uf\f\f\O nu Alon c!arlsbad DISCLOSURE STATEMENT APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED SOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1 . Applicant 2. 3. 4. Ust the names and addresses of all persons having a financial interest in the application. Aviara Land Associates Limited Partnershi 2011 Palomar Airport Road, Suite 206 Carlsbad, CA 92009 __,_ _____________ _ List the names and addresses of all persons having any ownership interest in the property involved. Aviara Land Associates Limited Partnersh.·--------------- 2011 Palomar Airport Road, Suite 206 Carlsbad, CA 92009 If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names a. addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersr interest in the partnership. Aviara T,and Company 450 Newport Center Drive. suite 304 Newport Beach, CA 92660-7640 Republic »0v0lopmeat Compaay 450 Newport Center Drive,#304 Newport Beach, CA 92660-7640 If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names a, addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiz of the trust. ,,,,...._ --.,\ Disclosure Statement Page 2 s. Have you had more than $250 worth of business• transacted with any member of City staff, Soares Commissions, Committees and Council within the past twelve months? Yes_ No~ If yes, please indicate person(s) ___________________ _ Person is defined as: •Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust. receiver, syndicate, 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.' (NOTE: Attac additional pages as necessary.) D.L, Clemens 6/18/90 D.L. Clemens 6/18/90 Print or type name of owner Print or type name of applicant • June 11, 1990 Mr. Michael J. Holzmiller City of Carlsbad 2075 Las Palmas Carlsbad, CA 92008 AVIARA RE: LCP Amendment -Aviara PA 24 Dear Michael: • CITY OF CARLSBA:J DEVELOP. PROC. SERV. :)IV_ Aviara Land Associates Limited Partnership hereby requests the City of Carlsbad to amend the Mello I and Mello II Local Coastal Program Implementing Ordinances, consistent with the proposed Aviara Master Plan Amendments. These amendments affect Aviara planning area 24. I have enclosed the application fee of $1500 for staff processing of the amendments. Sincerely, G Paul J. Kluk Director of Community Planning PJK/er cc: Chris DeCerbo Mike Grimm PJK/er pa24app.akz 2011 PALOMAR AIRPORT ROAD SUITE 206 CARLSBAD, CALIFORNIA 92009 (619) 931-1190 FAX:(6I9) 931-7950 r m TICOR TITlj INSURANCE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-~JF.i\/FT-. <P "••., PRELIMINARY REPORT APR 3 0 i990 APR I L 2 7 , 1 9 9 Q\\f Lt-J:~, ,J AVIARA LAND ASSOCIATES ATTN: DONNA TESTA 2011 PALOMAR AIRPORT RD SUITE 206 CARLSBAD, CALIFORNIA 92009 YOUR REFERENCE: PLANNING AREA 24 OUR ORDER NO. : 1185102 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 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 BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER. 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. DATED AT 7:30 A.M. AS OF APRIL 23, 1990 TITLE OFFICER: TOM VOTEL KEN CYR TEL 619 544-6234 TEL 619 544-6236 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ( ) ALTA RESIDENTIAL TITLE INSURANCE POLICY -(6-1-87) ( ~ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE (vJ CLTA STANDARD COVERAGE POLICY -1988 ( ) ALTA OWNER'S POLICY (10-21-87) 1185102 PAGE 1 \ ....._____ _______ (/~ .---(I TICOR TITLi INSURANCE-- THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1990-91 INCLUDING PERSONAL PROPERTY TAX, IF ANY, A LIEN NOT YET PAYABLE. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE TAXATION CODE OF THE STATE OF CALIFORNIA. 2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY RECORDED OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL RECORDS AFFECTS PARCEL A AS SET FORTH THEREIN; LOT 91 AS SHOWN ON MAP 12410; LOT 92 AS SHOWN ON MAP 12411 BY QUITCLAIM DEED RECORDED DECEMBER 26, 1973 AS FILE NO. 73-355049 OF OFFICIAL RECORDS THE FOLLOWING PORTION OF SAID EASEMENT WAS ELIMINATED: THAT CERTAIN 20.00 FOOT STRIP OF LAND LYING WITHIN THE SOUTH HALF OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND BEING 10.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 26, DISTANT THEREON 1977.99 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 24°59 1 39" WEST, A DISTANCE OF 756.26 FEET; THENCE NORTH 53°06 1 06" EAST, 25.00 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE OF THE STRIP OF LAND BEING QUITCLAIMED HEREIN; THENCE FROM SAID TRUE POINT OF BEGINNING AND CONTINUING NORTH 53°06 1 06" EAST, 135.00 FEET. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS 1185102 PAGE 2 _.-_ fiJ TICOR TITlj INSURANCE- DATED BY AND BETWEEN REGARDING RECORDED JANUARY 10, 1989 SAN DIEGO GAS & ELECTRIC COMPANY AND PACIFIC RIM LAND ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP RIGHT OF WAY USE AGREEMENT JANUARY 10, 1989, RECORDER 1 S FILE NO. 89-012389 NOTE: SAID AGREEMENT REFERS.TO THE EASEMENT ABOVE DESCRIBED. 3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR ELECTRICAL TRANSMISSION AND DISTRIBUTION FACILITIES, TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, INGRESS AND EGRESS RECORDED APRIL 26, 1957, DOCUMENT NO. 61923 IN BOOK 6553 PAGE 334 OF OFFICIAL RECORDS AFFECTS PARCEL A AS SET FORTH THEREIN; AND LOT 91 AS SHOWN ON MAP 12410 SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES GRANTOR AGREES THAT NO OTHER EASEMENT OR EASEMENTS SHALL BE GRANTED ON, UNDER OR OVER SAID STRIP OF LAND BY GRANTOR, WITHOUT THE PREVIOUS WRITTEN CONSENT OF GRANTEE. 4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR A LINE OR LINES OF POLES AND/OR STEEL TOWERS AND WIRES AND/OR CABLES, UNDERGROUND CONDUITS, CABLES, VAULTS AND MANHOLES, TELEPHONE SIGNAL AND COMMUNICATION PURPOSES AND PIPE LINES RECORDED FEBRUARY 7, 1958 IN BOOK 6941, PAGE 234 OF OFFICIAL RECORDS AFFECTS PARCEL A AS SET FORTH THEREIN; AND LOT 91 AS SHOWN ON MAP 12410 5. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS SEPTEMBER 7, 1983 N.B. HUNT AND W.H. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE OCTOBER 20, 1983, RECORDER 1 S FILE NO. 83-378945 6. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986, RECORDER 1 S FILE NO. 86-356638. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT. 7. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS 1185102 PAGE 3 .-----·!fil TICOR TITlj INSURANCE- DATED BY AND BETWEEN REGARDING RECORDED 8. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED 9. AN AGREEMENT DATED : BY AND BETWEEN : REGARDING RECORDED AUGUST 29, 1986 W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 6, 1986, RECORDER'S FILE NO. 86-509319 TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS OCTOBER 16, 1987 W. H. HUNT AND N. B. HUNT AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 19, 1987, RECORDER'S FILE NO. 87-647735 TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS JUNE 6, 1988 THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL; AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELWARE LIMITED PARTNERSHIP TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL) JUNE 10, 1988, RECORDER'S FILE NO. 88-278452 10. A DEED OF STATED HEREIN DATED TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED 1185102 DECEMBER 20, 1988 $125,000,000.00 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661636 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT MARCH 23, 1989 FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION APRIL 14, 1989, RECORDER'S FILE NO. 89-196177 DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989, RECORDER'S FILE NO. 89-196176 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT MARCH 13, 1989 FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION APRIL 14, 1989, RECORDER'S FILE NO. 89-196179 DEED RESTRICTION (TRAIL) APRIL 14, 1989, RECORDER'S FILE NO. 89-196178 PAGE 4 fW TICOR TITLi INSURANCE- SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT MARCH 13, 1989 FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION APRIL 14, 1989, RECORDER 1 S FILE NO. 89-196181 IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS APRIL 14, 1989, RECORDER 1 S FILE NO. 89-196180 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 7, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345754 EASEMENT JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345753 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 7, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION .' JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345756 EASEMENT JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345755 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT MAY 22, 1989 REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY 1185102 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345758 EASEMENT JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345757 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 14, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345760 EASEMENT JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345759 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT APRIL 22, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION PAGE 5 (OJ TICOR TITlilNSURANCE- RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345762 EASEMENT JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345761 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 15, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345766 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345765 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT MAY 22, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-346186 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-346185 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 30, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JULY 24, 1989, RECORDER'S FILE NO. 89-388407 MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS JULYS, 1989, RECORDER 1 S FILE NO. 89-354659 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT AUGUST 1 , 1989 FIRST INTERSTATE BANK OF CALIFORNIA SEPTEMBER 1, 1989, RECORDER'S FILE NO. 89-473402 AN EASEMENT SEPTEMBER 1, 1989, RECORDER 1 S FILE NO. 89-473402 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT SEPTEMBER 29, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP NOVEMBER 17, 1989, RECORDER'S FILE NO. 89-627308 SEWER EASEMENT NOVEMBER 17, 1989, RECORDER 1 S FILE NO. 89-627307 11. AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY AVIAR~ LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TO FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA 1185102 PAGE 6 (I TICOR TITLj lNSURANCE-___,,_e,---------- CORPORATION RECORDED DECEMBER 23, 1988, RECORDER 1 S FILE NO. 88-661637 12. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SHOWING DEBTOR : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP SECURED PARTY FIRST INTERSTATE BANK OF CALIFORNIA RECORDED DECEMBER 23, 1988, RECORDER 1 S FILE NO. 88-661638 PROPERTY COVERED AS SET FORTH THEREIN 13. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED PROPERTY, AS DISCLOSED BY A FILED MAP OF THE ASSESSMENT DISTRICT; PLAT NO.: PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT CITY OF : CARLSBAD RECORDED: MARCH 14, 1989, RECORDER 1 S FILE NO. 89-130025 AND AS AMENDED MAY 8, 1989, RECORDER 1 S FILE NO. 89-242769. NOTICE OF SPECIAL TAX LIEN RECORDED JULY 28, 1989, RECORDER 1 S FILE NO. 89-400726, OCTOBER 5, 1989, RECORDER'S FILE NO. 89-540361, JUNE 28, 1989, RECORDER 1 S FILE NO. 89-400726, OCTOBERS, 1989, RECORDER 1 S FILE NO. 89-540361, AND APRIL 9, 1990, RECORDER 1 S FILE NO. 90-189679. 14. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED 15. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS MARCH 22, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989, RECORDER'S FILE NO. 89-196176 TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS MARCH 13, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND THE CALIFORNIA COASTAL COMMISSION DEED RESTRICTION (LAGOON NORTH SHORE TRAIL) APRIL 14, 1989, RECORDER'S FILE NO. 89-196178 16. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS" (LAGOON NORTH SHORE 100 1 BUFFER) DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196180. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 17. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF THE STATE OF CALIFORNIA, A POLITICAL SUBDIVISION FOR AN OPEN-SPACE EASEMENT IN GROSS AND IN PERPETUITY FOR LIGHT, AIR, VIEW, AND FOR THE PRESERVATION OF SCENIC QUALITIES (LAGOON NORTH SHORE 100 1 BUFFER) RECORDED APRIL 14, 1989, RECORDER 1 S FILE NO. 89-196180 1185102 PAGE 7 (IJ TICOR TITlilNSURANCE-_,_9..-----~ AFFECTS 18. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED 19. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED PARCEL A AS SET FORTH THEREIN; LOT 2 OF MAP 12409 AND LOT 309 AS SHOWN ON MAP 12413 TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS MARCH 31, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP AND CITY OF CARLSBAD AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE JUNE 5, 1989, RECORDER 1 S FILE NO. 89-296176 TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS JUNE 28, 1989 THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP DESILTATION BASIN MAINTENANCE AGREEMENT JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345770 20. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION OF RESTRICTIONS EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP RECORDED JULY 5, 1989, RECORDER 1 S FILE NO. 89-354659 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. IT ALSO PROVIDES THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. THE RIGHT TO LEVY CERTAIN CHARGES OR ASSESSMENTS AGAINST SAID LAND WHICH SHALL BECOME A LIEN IF NOT PAID, AS THEREIN SET FORTH, CONFERRED UPON AVIARA MASTER ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUTAL BENEFIT CORPORATION THE ABOVE MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT THE ASSESSMENT LIENS PROVIDED FOR THEREIN SHALL BE SUBORDINATE TO THE LIEN OF ANY FIRST MORTGAGE UPON ANY LOT. 21. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY ORGANIZED IN THE STATE OF CALIFORNIA, ITS SUCCESSORS AND ASSIGNS FOR THE CONSTRUCTION, OPERATION, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT, RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES, AND ALL NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE GROUND. RECORDED AUGUST 7, 1989, RECORDER 1 S FILE NO. 89-419898 1185102 PAGE 8 ,,----•(ID TICOR TITlj INSURANCE- AFFECTS 22. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED 23. AN AGREEMENT DATED : BY AND BETWEEN : REGARDING RECORDED SAID LAND AS SET FORTH THEREIN TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS MARCH 7, 1990 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, AND WESTERN NATIONAL HOMES I LIMITED, A CALIFORNIA LIMITED PARTNERSHIP CERTAIN IMPROVEMENTS AND EASEMENTS MARCH 22, 1990, RECORDER 1 S FILE NO. 90-153235 TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS FEBRUARY 20, 1990 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP; DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP; LYON COMMUNITIES, INC., A CALIFORNIA CORPORATION; RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP; A-M HOMES, A CALIFORNIA LIMITED PARTNERSHIP; AND BRAMALEA CALIFORNIA, INC., A CALIFORNIA CORPORATION UNITY OF CONTROL APRIL 16, 1990, RECORDER 1 S FILE NO. 90-204778 24. NOTE: INFORMATION IN POSSESSION OF THIS COMPANY INDICATES THE POSSIBILITY OF A DIVISION OF LAND OWNERSHIP. IF SUCH DIVISION IS IN FACT CONTEMPLATED, THE TRANSACTION WOULD APPEAR TO FALL WITHIN THE PURVIEW OF SUBDIVISION MAP ACT. (66410 ET SEQ. GOV. C.) AS A PREREQUISITE TO THE COMPANY 1 S PARTICIPATION IN LAND DIVISION TRANSACTIONS, COMPLIANCE WITH ONE OF THE FOLLOWING PROVISIONS OF THE SUBDIVISION MAP ACT WILL BE REQUIRED: (A) THE RECORDING OF A SUBDIVISION MAP IN COMPLIANCE WITH STATUTES OR RELATED LOCAL ORDINANCES, (B) THE RECORDING OF A PARCEL MAP IN COMPLIANCE WITH STATUTES OR RELATED LOCAL ORDINANCES, (C) THE RECORDING OF A CERTIFICATE OF COMPLIANCE, AS PROVIDED BY STATUTE, (D) THE RECORDING OF A WAIVER AS PROVIDED BY GOVERNMENT CODE SECTION 66428, (E) SUBMISSION OF OTHER SATISFACTORY EVIDENCE OF COMPLIANCE WITH OR NON-VIOLATION OF THE ACT. NOTES A. THE COUNTY RECORDER 1 S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A "PRELIMINARY CHANGE OF, OWNERSHIP REPORT." IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO 1185102 PAGE 9 ·ffl TICOR TITli INSURANCE- REFLEcT SUCH ADDITIONAL FEES WHEN APPLICABLE. B. ASSEMBLY BILL 512 (CHAPTER 598, STATUTES OF 1989), WHICH ADDED SECTION 12413.1 TO THE INSURANCE CODE OF THE STATE OF CALIFORNIA IS EFFECTIVE JANUARY 1, 1990. EXCEPT FOR FUNDS DEPOSITED BY CASH OR BY ELECTRONIC PAYMENT, THIS LAW PROHIBITS ALL TITLE INSURANCE COMPANIES, CONTROLLED ESCROW COMPANIES AND UNDERWRITTEN TITLE COMPANIES FROM DISBURSING FUNDS FROM AN ESCROW OR SUB-ESCROW ACCOUNT, UNTIL THE DAY THESE FUNDS ARE MADE AVAILABLE TO THE DEPOSITOR PURSUANT TO PART 229 OF TITLE 12 OF THE CODE OF FEDERAL REGULATIONS, (REG. CC). UNDER REG. CC, ITEMS SUCH AS CASHIER'S, CERTIFIED OR TELLER'S CHECKS MAY BE AVAILABLE FOR DISBURSEMENT ON THE BUSINESS DAY FOLLOWING THE BUSINESS DAY OF DEPOSIT; HOWEVER, OTHER FORMS OF DEPOSITS MAY CAUSE EXTENDED DELAYS IN THE CLOSING OF THE ESCROW. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA WILL NOT BE RESPONSIBLE FOR ACCRUALS OF INTEREST RESULTING FROM COMPLIANCE WITH DISBURSEMENT RESTRICTIONS MANDATED BY THIS LAW. C. TAX FIGURES FOR CODE AREA PARCEL NO. LAND FIRST INSTALLMENT SECOND INSTALLMENT 1185102 1989-90 09027 215-040-16 $40,575,600.00 $213,980.14, PAID $213,980.14, PAID PAGE 10 -. ·!OJ TICOR TITLi INSURANCE THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF SECTIONS 22 AND 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 27, THENCE ALONG THE NORTH LINE OF SAID SECTION 27 AND ALONG THE NORTH BOUNDARY LINE OF RECORD OF SURVEY MAP NO. 10774, SAID MAP RECORDED OCTOBER 30, 1986 AS FILE NO. 86-494180 AND ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SOUTH 86°58 1 38" EAST, 306.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH BOUNDARY LINE THE FOLLOWING: THENCE SOUTH 86°58 1 38" EAST, 1012.54 FEET; THENCE NORTH 01°49 1 19" WEST, 331.07 FEET; THENCE SOUTH 86°57'12" EAST, 660.56 FEET; THENCE SOUTH 01°36'47" EAST, 330.69 FEET; THENCE SOUTH 00°06'50" WEST, 1340.75 FEET; THENCE LEAVING SAID NORTH BOUNDARY LINE SOUTH 00°06'50" WEST, 134.75 FEET, TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF ALGA ROAD AS DESCRIBED IN DEED RECORDED JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS SAID POINT ALSO BEING ON THE ARC OF A 1001.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTH, A RADIAL LINE TO SAID POINT BEARS NORTH 29°00'32" EAST; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°55'32" A DISTANCE OF 452.94 FEET; THENCE NORTH 86°55'00" WEST, 354.23 FEET, TO THE BEGINNING OF A TANGENT 799.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 73°11'40" A DISTANCE OF 1020.71 FEET; THENCE NORTH 13°43'20" WEST, 338.79 FEET; THENCE NORTH 14°43'00" WEST, 355.88 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF POINSETTIA LANE AS DESCRIBED IN DEED RECORDED JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS SAID POINT BEING THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID POINSETTIA LANE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87°30'00" A DISTANCE OF 38.18 FEET; THENCE NORTH 17°13 1 00" WEST, 51.00 FEET; THENCE SOUTH 72°47 1 00" WEST, 2.76 FEET; THENCE NORTH 17°13'00" WEST, 51.00 FEET; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE, NORTH 72°47'00" EAST, 40.55 FEET TO THE TRUE POINT OF BEGINNING. 1185102 PAGE 11 · fl!J TICOR TITLj INSURANCE e i EXHIBIT A ;:: Printed Policy Exceptions and Exclusions ALTA RESIDENTIAL POLICY (6-1-87) The Exclusions and the Exceptions of the ALTA Residential Policy form recite that you are not insured against loss, costs, attorneys' fees, and expenses resulting from: Exclusions 1 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 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 B 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. Standard Exceptions (a) Any rights, interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (c) 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. (d) Any water rights, claims or title to water on or under the land. ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE The Exclusions from Coverage of the AL TA Loan Policy form recites that 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 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. 1185102 PAGE 12 (continued on next page) The Exclusions from Coverage of the CL TA Standard Coverage Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating 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) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Schedule B of the CLTA Standard Coverage Policy form recites that this policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a),(b) or (c) are shown by the public records. 6. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 7. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. ALTA OWNER'S POLICY (10-21-87) The Exclusions from Coverage of the ALTA Owner's Policy form recites that 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 occurreq 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. Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 1185102 PAGE 13