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Home My WebLink AboutMS 97-05; MAR VISTA LACOSTA 2; Engineering Application' .. ". • . . CITY" CAR~SBAD -ENGINEERINGDEPART~ENT . APPLICATION FOR ENGINEERING PLAN:CHECK OR ·PROCESSING·. Comolete all aopropriate information Write N/A when not apolicabie PROJt::CTNAME:'" .-.-____ ._.: .. Marvis'ta at LaCosta J:ha.c:E II DATE:'l 0 / 3) 97 . ... _._J_ .. _" .' PRciJEtTDESCRIPTION: ~~4~~=' ~~~~.~~.~~~~~~~~.'~~~~~~~~ P~OJECTADDR~SS: Northw$st'corrier of El Fuerte street &:UnicOrtiio'Street LOT NO(S).: . 523 'MAP NO'.: 7076 APN(S).:. _25.;;;..:.l..:'-'""736Q:-O;,.;..· ,-.' "-'-1.,..:.1 ......... --'---:--_____ -:-'- NO. ·OF DWELLING UNITS: 4' LFMP ZONE .6 # LqTS:': 4" .. # ACRES:.6 .. OWNE~:' .La costa' 21, LLC' . APPLICANT: fAailing'Address: 26440 La AlauJE?da, .suite 370 Mailing Address: Mission Viejo: CA 92691' Phone Number: ·Phone Number: ( .. ----~~'-----~-- I'certlfy that I, am tb'e'~~~~~1a'nd that all't~e'above . . jn~ormatjon i~~.~ ~~e best ~f n:y. knowle.dge . ~Jgn~ure . _dYi'151:/ YCJ .. ~ :. Date 1.L3hz .' (;"~' ./ , . _.. _ .... fl'ti· Signature' , . Date ?~1~=?~~~1'~~--~~ CI.V.lCE~i(sfKJhlER: . B~; 'Bh~~-~ \ r··. .' SOILS ENGINEER: . George Richards Firm: CiYCOID & Associates Firm: '.Leighton :,& .Associates'· Mailing Address: '9449' Balboa Avenue, Suite"'301 '. Mailing' Address: 3934,. MUfPhy canyon ·Rd. r #B205 Sari Pi'ega, CA· S212 3 SaD 'Diego, CA 92123 Phone NUI-nber: .-t' (61'9 ) 505 8800 Phone Number: ( 619=) 292-803'0 .. State Registration Nu~ber: ----'S ..... 1l..>3.t::.4""8'--__ .. ___ _ State Regis'tration Number: '. 39552 -~~~--~-~- LA.N~SCAPE Af3CH.lTECT: . HarrY .Kobzeff Firm: .' Kohzeff & Associ ates Mailing.Address·: . 23121 Verdugo Dr~ f Suite .. . .. : . ,Laguna .Hills, CA 92653: Phone Num~er:( 714: ) 770 7340 105 State Registration Number: .. : 1777 ---~~~~------ APbITIONA~' C~MMENTS: .. .' IMPROVEMENT VALUATIO~ 1. What water district is'the proposed project located in (cirele one)? .. " .' Carlsb.a-d· Municipaf\~ater District . ..... . . Oliv~nhain' . . . Vallecitos 2. If in th~ Carlsbad Municipal-Water' Distri~t, yvhat is the total .co'st 'estimate, in.eluding the 15% '. contingency fee, fo'r w;'!ter and reclaimed water improv~ments (If applicable)? . :3': What is the total cost estimate: including the 150/; tonti~gericy"fee, for sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if. applicable)? '.' . . " . . .. 4:: What is the to,taf cost of landscape and irrigation improvem~nt$ ~m private property (if 'applicable)?' ..' . . .' . $ $-------- r---.-...;. .. ------'"---------:----....~_:_:~~~':"":'"":'~==----....... ------..---------_i .. GRADING QUANTITIES .. rerne.dial cy-. ,----~ im.p0ft!export cy -----fill cut ____ cy ____ cy DOCSlMrSFORMs/APPLlqA nON ENG PLANCHEC!< OR PROCESSING . REV. 61.10197 ... ',', ------------------~------------. ••• .' "'e .. . . . . ,'FOR 'CITY USE ONL Y : . APPLICATION F.OR: (~ all that apply) '''Plancheck · :;:N'u rhber -Drawing ...., . Deposit/Fees' ' "Type .Number, ': :'Pr6ject J.D. .' :·'Paid 0, ,Adjustment Plat o Certificate of Compliance o 'Dedication' of Easement Type: Type: o Encroachment Permit' o E'ngineer.ing'Stand'ards Variance , -. Final MClP , ' 1:1 Grading Plancheck' : :'" 'ADJP " coe' DOE ... : >': .': . . '.1-. :,.,', ",:,.: ',::' . ,':', :,;'; ... :",' . ,,,:.;.:::~;,:'::"'.", ::,', ','" ::::: : .. ':, ,':FM', ,', ',: " ' :, ::, .. ,' ,:: '::':; ,,:.i?:"':,':.' .::.':::::. ,'GRPO .' ': .. o Gradin~:{ : .... ,:':,"::.. ',''''''', ,GRADING '.' , ,"".:,,' ",' ,':".;':.' ... ::':: . . .. ',. ", ,,' . '.' '::, ':'. .IPC, ::,' ,.".:' .0 . Improvement' Plancheck , 0 Landscape Plan check )( Parcel Map , o ~ Quitclaim of Easement Type: ' ___ ----,...._--- Type,: 0' Reversion to Acreage o Stre.et Vacation' " , ,0 Tentative Parcel Map' o Certificate of Cor'rection o Covenant for Easement, o SUbstantial Conformance Exhibit . '.' .' '.' .. ' '. . ... '. " . ,.,' .' . ". " .: ... ','., '.' ,LP.C,·· .. ,:,,:,," ':',:" : ..... -" . ,', ':.::: " ',' ", • ,,:.> ••••... " ..•. .: . " ',' ". : ..... : .. : .. ,':. " · .... '.' .. . ;' '. " -STY CCOR , COVE 'SCE ,'APP.LI,6ATi,b,r;'rAc.CEPTED::~BY:: : .. ·.MA~~~,;·~6JE~",I::'·· .~. ", --. ""'",. ,-~----: ... -'--- ". " "",. ,,:,' ',-:,--:--:--~--------:,- 'f.HECEIPTrr)JUMBER: . ': ... " ," ,: . " _ ..... ' ---:----------,--...,--- , ' , PRELIMINARY SIERRA SYSTEM .INPUT INITIAL: , " .: , , . " , . ":".', ", .. , . ,':' , , .... ..: . " .... : . ,':: . ':: . ': " " ': , .: " . :': . ... ': .. :.,', . . ..... : ',' .:'. ,::'" .::" ':: ":':':,:' ' .. '.;, . .: .:::::.:., .. '. '. . ... ,'. ' .. : .. ' '" , .... "',' :!"':.' ,: .... , '.' .... ; .. : ..... , .. ' .. ":: ,... :' '. >::: .. :,:' ::.'.'. :',"",;:; .-::.: '.:;:;)\:":~ '. .. .. :.,) ... ~.' '.: .>: .' .,., .' ..... , " ... ":,: :: . ',' "'" ,.;' . , 'RE"CE' lYE!)":,,':': .. ': :',' . .' ,. . .... , '.': ... ;' .'.:., ..... ---·'SJERRA::SYSTE~:::INPU~;'lNIT.lAL: :. " ' -R:BAsE .INPUT INITIAL: , ' ' '" :, ott :o:tr 1'997""','::/:':::,,:,':,,::,;,:,; '. '" ----':., ".:: . ;'" .' .. :" ,. ", '.' .' ":,:' .:' ,':,.:" '.' . ,:0 ·,erPJ-:lE:R····---. :,,,:,,,' ';':', :.,': ' ", '. ". -~.::-:-. ,.:.....,-------;..--------:-:-.. '. " ," ' DATESTAMP', ",:, '::,:",;, ':: .' ,'. '. 'APPUCATION'::REC"E.IVED ':.'::'" : ':, , DOCSIMISFORMS/APPLICATION ENG PLANCIiECK OR PROCESSING REV, 6/10/97 I " 8-27-1997 10:49AM FROM AVALON HOMES 714 582 4115 , 'CITY OF CARLSBAO. ENGINE=RING DEPARTMENT , APPLICATION FOR ENGINEERlNG PLAN CHECK Orl ?ROCESSfNG ~omt)l~. ali .;,'OTOlZt1at. mfonnatlon Wrltll ~A 'IV"'" not .~onclJblt-' )-I ., PROJECT NAME: M:lIvist:a at Ia ct.sta II -DATe:; el7JJ97 , PROJECT DESCRiPTION:, _ , 4 ld: rninr sbliv:isicn PROJECT ADb~ESS: ~'[lUJ::L: :B. FlEr::te ~ .::ril Ihi" 11110 lU=D:e ,LOT NO{S).:, 523 MAP NO.: '1IJ1S APN{S>.: Q1-3EQ:3l NO, OF DWELliNG UNITS: LFMf' ZONE: . #LOTS: : #,ACRES: 4-6 ~ .fZ ' ' owr.JER: ~l;at~te Chl latera] M3t eg:t, a rt o:~ APPl.ICANT: AYalm HjIEs , : --. Mailif'l\i A::!c1re5~: ~ ''r!' stlEPj-, SLife '620 Moili1l)l Addr~: ~ Ia 'A1a!ed:l. snte 37Q ..:an OJ e;;p. ~ 92:lQ:! Miss;iallidejo, ,~ 9?htl1 Phor,a Number: ( 619 ) 51S-J¥i53 ' Phonft Number. ( 714) 582-4111 E¢ 23' ' . 1 certify \I1(~~ I 3m 1l'l9 tegBI o~!f' Bn~ lh~t as the above ~~~~ Informmi~6:1X!i' rzljthe ~stOf m'J ~WS~~8 J/21/i2 Signatur ' ,:m/J,. 'rff?ate eJz=1 1 I7 1//7" 7 '. , CIVIL ENGlNEER:L/ V SOILS'ENGINEER: --' Flr;r.:, .~'~~~ ~irm:. I.e.i9;U! l A:s:ciates ,Mallinw Addre$s: q.w9 EaJl::Ce ~Bl:e S;d;bi! :301' Mailing A6dre~: 3934 Mgg& ~ :R:ai #fQQ5 S:m Dis}:r. m 92123 San !li€?J?, G.. 221.23 .PhorIS Number. { 6192 ~ . ?tI::me Numtmr. .J PJ91 292-P1)3Q State R6\iistrlttlon Numbor: 51348 Stste R$glo:ratio" N!J~ber: 39;552 " lANOSCA~~ ARCHITECT: ADDrnONAl COMMENTS: -. ' . Firrn: ~&~ Mailino Address; 231~ ~ndve£ .~te 105 yam. HiJJ.s1 ~ ~2653 '. Phon~ Nu!\"ll:)sr ( 134) TIO-:Z3Ml. RECEIV E D St2lt~ ~agistr3t!on Number: 1m .---.. <::t:'P _ ~ 9 ~v 97 IMPROVEMENT VALUATION 1, What water district is the Pr:oPOsed prQjsc:t located in (cr~de one)? ,ENGINEERI ~I G T DEPARTME~r C3l"!stladMunic:ipel Water District Olivenh;f~., Vallecitos 2. 1f in the carlsbad Munl?pal Water District. what is tl'Ie tctal cost estimate, Inctuoln9 tl'le 15% " contIngency foo •. for water and recJa!m~ water Jrnprovaments {if applicabla}7 $ 3.0 What s the total cost estlmat~. inclt,Jcing the 15% contingency fee. for $ewer (for Carlsbad Munldpal W3ter O~$trlcton!y), J;~~et. pubNc {medl;,n} IOlnd5r;:.tpe apd irriilllt!Qn, and dnaimtge improvement5 (if applicable)? . S 4, What is the tor.i1 cost of ll:mdscspe and irrigation improvements on pnvate property {if S apphca~I&}1 . '. '. ~'- GRA.DING QUANTITIES - cut cy fill q remedial r::y 'impott'export ' , cy P.3 PROJECT NAME: 'CITY O.RLSBAO -ENGINEERIN.PARTMENT APPLICATION. ,FOR ENGINE.~~l~,::PLANCIit;CK O~·PROC~t.:.gSING . -Complete all appropriate information. WtHeMAWhen.not"·ap15licable. . PROJECTADDRESS:_U~n~i~c~o~r~n~i~o~'~S~t~.~i~u~s~t~w~e~s~t~~O~f-=E~l~F~u~e~r~t~.,e~~S~t~.~ ____ ~ ________ __ LOT NO(S).:_----'5=2=3::...-_______ MAP NO.: 7076' . APN(S).: 2~-3'6ci""II-00 OWNER: Real Estate Collateral APPLICANT: . ManagernentCo. Mailing Address: 450" B " S t r e e t . S lJ it e 6,2 Malling Address: ~RC DevSlQprneht Corporatio~ 27381 Celc;illova San Diego, CA 92~01 MissionVieio, CA 92&~2 Phone Number: (6 1 9 ) 5 15 - 5 653 Phone Number: ( 714) 3 6 7 :-9'676 I certify' that I am the agent of the legal owner and that all information on this sheet Is true orrectto est of my knowledge. ~~~~~=====-Date e/t~/q7 SOILS ENGINEER: Randy Wagner Firm: Civcorn & Associat.es : Firm: Leighton & 'Associates Mailing Address: 9449 Balboa Ave Suite 301 Mailing Address: 3934 Murphy Canyon Rd, Suite .. SaD Diego~ C~ 92123 San Diego, CA 92123 Phone Number: ( 619 );iQ;i--BBQQ Phone Number: { 619 )292-8030 State Registration Number: _5_1_3_4_8 _______ -State Registration Number: _1_6_1,....2 __ · ______ =--____ ---..,._ LANDSCAPE ARCHITECT: Harry Kobzeff ADDITIONAL COMMENTS: These. 4 uni t'S F~m: Ko~zeff & AssOciates will be part of a21 unit sUbdivision MailingAdClress:23121 Verdugo Dr. Sui te 10'5 Laguna Hills, CA 92653 17 uni ts are being submi tted un<;1er a Phone Number: (714 ) 770-7340 ~entative Map Application. State Registration Number: _. ___ 1_7_7_7 __ --'-____ -'-__ NO. OF DWELLING UNITS:.---,,4_ LFMP ZONE:,,,"", _·..,;:6:....-_ NO.OFLOTS:, __ 4~-,..-_ NO. OF ACRES: • 6 IMPROVEMENT VALUATION: sewer, water $t reclaimed water:. _____ _ Water District (ci~cle one): Carlsbad Municipal Water District Olivenhain streets ~nd drainage: _____ ___.--landscape:, __ ------------ GRADING QUANTITIES: __ ---,.._ CY cut ______ "'--cy fill _______ ...... cy remedial cy import/export cy PLEASE CHECK OFF APPLICATION TYPES ON REVE'RSE SIDE P:\DOCS\MISFORMS\FRM00063 REV 04/28/95 205' • . ... : ,.: ',.,: .. :' APPLICATION FOR " ...... . . (CHECk ALL'lHAT' APPLy).: . ". o Adjustment Plat . 0 Certificate of Compliance o Dedication of Easement D Quitclaim of 'Easement Type: __________ _ Type: o Reversion to o Street Vacation ~ Tentative Parcel Ma o Certificate of Correction o Covenant for Easement D Substantial Conformance Exhibit P;\OOCS\MISFORMS\FRMOO063 . :Pmject ·ID. ........ : .": . Deposit/Fees . Paid ..' , \ ...... " :;.:" ': :.' '.: .. ,', .' . '", :" '.:,:; : ;;:~: . ::;.. . :.- : .. )::·;::::::;:·::··::::~i:::i·\::!:~:·~::>:: DI\:;~;::~'fAM'p :"::. ": }:.:::':. ::':.: .:,. . : .:. .' '.:: APPLI'CATION:::HECEI.\IED : I REV 04/28/95 J L __ ~-----------------~-~--~------------'- ' ... ~ ;.--•• # .. •• • CITY OF CARLSBAD -ENGINEERING: DEPA·RTMENr APPLJCA TION ,MS Q0-DS rr-____________________ ~G~R~A_D_'N_G~.~P~E~R_M_'T ___ · __ ~_=~·~·~==~·~~.~I PROJECT NAME: mA.C\'nSTR A'T Lf.\~,· P~RMIT NUM8Ef,l:,....... _______ ------ , PROJECT LOCATION: _ S/£, , E.\.. , f~C::R\e l'-lf':\C ~~()\.~, ASSESSOR PARCEL NUMBEFHS): &,5\ -~-a\\ , _ PROJ~CT DESCRIPTION·: ~ ~ ·S. f.R -'\..o\' ~~(::)\ne;, OWNER: ffit\'f\"(\S,A '~,. lQc~ -l~ L .. L. <!.... ~/C A\J~p\...~~t.S;",_ 'ADDRESS: Q~~() ·LAAlAmeQf-),*&~. mtSS\~''J'\E:J~. <:.f\ ~~to~t, ~ -. I' i-co • • ~-• PHONE NUMBER: t'Jlt..t 08~'1,\\\ ,:~jla <..~~rp,y (~.}.\f\~n\:s\~~)' ,,' I CERTIFY THAT I AM THE, LeGAL OWNER OF THIS PROPERTY AND I AUTHORIZE THE GRAblNG ASSOCIATED' WITH THIS PERMIT. 'OWNER SIGNATURE CIVIL ENGINEER: ~\\ic.~m ~ A~' AOORe'SS: ~1'iq ~~A '~\le. i S~')lt. ~\ PHONE NUMBER: <0 \~.EJ-~%~~~~ SOILS ENGINEER: ,Le$b\·r\$V'\ AnoAss ':"i.\ ~S , " ' ' :, """" (?)2.!' " 'AOCRESS: 3,\~YY\:~~'PH'I ~'A'Oy~'t~t) J ,', n t)\e.e~, C'A. ~<L\?..~ ~HONE NUMBER: ' <0\ C1 b}'t?--.~~~ _ , ,', GRAOING CONTRJ',CTOR: m~L1\m EGN\fYM.mC)ir;O:XAL"l.~TATE LJCeNSENO.=~~'1-1 AOCRESS!~~~~ '2BUo)~n ~\..~m~'<\'~, ~;Wl?t;s'NESS LICENSE ~o: £wytJt\p.chso; , _PHONE NUMBER: :t i~. '19'2.· \ ~,.tt ,,' '. ' .. ,',',.. BASIS OF PERMIT FEES: ._~~ ______ cy GRAOING QUANTl1'1ES: cy<:ut c ,remedial TOTAL PERMIT FEES:. BALANCE CUE: - VERiFIED BY: 1,"..., aain •• '''.,~ ..... ~,... ... '. ,. 'llirn ... infMI!Mja ........ ie ~ '-1 ~ ...... __ II ,.,..,. ........ !Iitv,,--, ~ ,""MlOn.' ......... ' ..... tit ___ .. If ............. iM"'~ tit. lite""" ,.... .. s.-.!. Act of '.73 .. .., .'."*'.'Ia 1ft~8I" oiHA Ptnm', APPLJCANT'S SIGNATURE: . . PROJECT PLAN REVIEW COMPLETION . ",' . The following project plans have .been' reviewed and are recommended for approval: Project Name: 1'trkP-: V' ~ -rp,; k J' Project NO:_-ILI)\;:....SL-...i1 .... 1.L.---.:::.O-=5"'~ _____ _ " Drawing NO:_.,..--f.ffh..L.!..l..~ql-.,.L.,-()~~=---___ ~--,-, Sheets No. I through, __ '3..=.,...-_____ _ DECLARATION OF RESPONSIBLE CHARGE " I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial compliance with applicable codes and standards. . Plan revieW of these project drawings does not relieve the Engineer cif Work of the responsibilities for the project design. (seal) Firm :_\_...:.....!E::!I!.::lo:.!..!ri.!.!n...:::C~o::!.n!:::s~ul~ti~ng::2-' -=E:.!..!n.l:1g~in~e~er~s:....---:--__ , ,t- Telephone: , . (76D): 744-4987 . \ By: '(lsi'/. ~ ivil) No~.,q"3 . Exg' ation:' ~f30:If)O F:\USERS\RALLE\WPDATA\PLANREV.EL Rev. 2/8/96 FORM 1359 (4/75) e RECEIVED CLTA SUBDIVISION GUARANTEE FORM NO. 1 SUBDIVISION: SUBDIVISION GUARANTEE CARLSBAD TRACT TPM 97-05 ORDER NO.: FEE: $250.00 FIRST AMERICAN TITLE INSURANCE COMPANY a corporatioIi, GUARANTEES THE COUNTY OF SAN DIEGO AND ANY CITY WITHIN WHICH SAID SUBDIVISION IS LOCATED IN A SUM NOT EXCEEDING $1,000.0.0. THAT, ACCORDING TO THOSE PUBLIC RECORDS WHICH, UNDER THE RECORDING LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFECTING THE TITLE TO THE LAND INCLUDED WITHIN THE EXTERIOR BOUNDARY SHOWN ON THE MAP OF THE ABOVE REFERENCED SUBDIVISION, THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN SAID LAND WHOSE SIGNATURES ARE NECESSARY, UNDER THE REQUIREMENTS OF THE SUBDIVISION MAP ACT,ON THE CERTIFICATES CONSENTING TO THE RECORDATION OF SAID MAP AND OFFERING FOR DEDICATION ANY STREETS, ROADS, AVENUES AND OTHER EASEMENTS OFFERED FOR DEDICATION BY SAID MAP ARE: LA COSTA 21, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS OWNER FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION, TRUSTEE OF THE DEEDS OF TRUST RECORDED SEPTEMBER 30, 1997 AS FILE NO. 1997-0485869 AND SEPTEMBER 30, 1997 AS FILE NO. 1997-0485870, BOTH OF OFFICIAL RECORDS. THE SIGNATURE OF THE FOLLOWING HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (a) (3) (A) (i) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED· BY THE GOVERNING BODY: SAN DIEGO GAS AND ELECTRIC COMPANY, HOLDER OF THE EASEMENT RECORDED AUGUST 13, 1981 AS FILE NO. 81-258010 OF OFFICIAL RECORDS. VALLECITOS WATER DISTRICT, HOLDEROF THE EASEMENT RECORDED DECEMBER 10, 1997 AS FILE NO. 1997-062'6200 OF OFFICIAL RECORpS. THE MAP HEREINBEFORE REFERRED TO IS A SUBDIVISION OF: LOT 523 OF LA COSTA MEADOWS UNIT NO.3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7076, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, OCTOBER' 6, 1971. DATED: DECEMBER 10, 1997 FIRST AMERICAN TITLE INSURANCE COMPANY VENCE -TITLE OFFICER DIRE· DIAL PHONE 231-4652 FAX NO. 231-4647 ~--~---- ~ ~ARCEL MAP GUARANTEE-(CLTAeantee Form No. 23 (Rev.1-13-T8l ... PARCEL MAP GUARANTEE PARCEL MAP NO. 05498 REFERENCE: 01-154493 _ _ -FEE $l,500.'OQ- SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE LIMITS OF UABILITY AND THE OTHER P:ROV'ISION-S OF THE CON'DITIONS AND STIPULATIONS HEHE"fO ANNEXED AND MADE A PART OF THIS GUARANTEE, S·TEWART TIT'LE GUARANTY COMPANY a corporation, herElin called the Gompany, GUARANTEES :(The County Satl D~g:Q and any city within which the-land is Idcated¥. : .herein c'alled the Assured,.against iossnot eXceeding-$1',O(lO, which the Assured·shalls\.Jstairt-i::ly-r.eason of any-i8correctness--. . in 'the' assurance' wh ioh the,Company h~t'eby ~ives that; accord'ing .to the-publ-ic records oil the date stated 'beI6:w; . .-1. The title'-to the. herein described estat~ or ·interestwas'vested·in tlie l7~stee n'amect', subject to"the matter-s' shbwn:a~ ,Exceptions herein, which ExC'eptiohs~are"l')ot necessarilysrrown-in: the-order of their prior.i:ty; and i 1 ~_---: \; ;~ __ -1 1.1 2. Had.said .Parcel Map'been tecQr<:l_e~ CO_Jh¢ Qffic~ 6f~ the' Cou_n~y 'R~qorder 'Of said county, such'map wQuld be., sufficient for use as a pr.imarY"referdnce':in; r'eg~1 d~scriptiof:ls·of th~·-pareels withir.l its-boo nda r:i'es.,' , ,: .. ' STEWART TITL-E GUA.RANTT COMPANY Chairman of the Board Preside[lt Countersigned by: CL.TA NO. 23 . , __ ..... ~I"''''wr:l!iqg .the <?ompany please address it at P. O. Box 2029, HOl:l~ton. Texas 77252, ancf._,:!~ to the nted·PMG Number. J "\ • 01-154493 THE ESTATE OR INTEREST IN THE LANO HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS GUARANTEE IS A FE~ TITLE TO SAID ESTATE OR INTEREST AT THE DATE THEREoF IS VESTED IN: . -~ HOMES FOR INDUSTRY -CARLSBAD LLC THE LAND INCLUD.E:D WITHIN THE BOUNDARIES OF THE PA,RCEL MAP HEREINBEFORE REFERRED TO IN 'l.'HIS GUARANTEE IS DESCRIIJED AS FOLLOWS: LOT 39 OF CARLSBAD TRACT NO. 81-46 UNIT NO.2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAp THEREOF NO. l1288, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1985. EXCEPTING THEREFROM AN UNDIVIDED 50% INTEREST OF AJ;,L OIL, MINERAL, GAS AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FEET UNDER THE REAL PROPERTY; WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED BY CARLSBAD PROPERTIES, A PARTNERSHI~ . RECORDED JULY ~, 197.8 AS FILE NO. 78-279136 OF OFFICIAL RE;CORDS. .. ~ • 01 ... 154·4·93 OWNER: AS OF THE DATE HEREOF, THE PARTY WHOSE SIGNATQRE WILL BE NECESSARY UNDER THE REQUIREMENTS OF THE SUBDIVISION MAP ACT, THE CERTIFICATE CONSENTING TO THE RECORDATION OF THE FINAL MAP OF PARCEL MAP OF SAID LAND AND OFFERING FOR DEDICATION ANY STREETS, ROADS, AVENUES AND OTHER EASEMENTS OFFERED BY SUCH MAP ARE: HOMES FOR INDUS·TRY -CARLSBAP LLC . EASEMENTS: THE SIGNATURE OF THE PARTY NAMED HEREINAFTER AS OWNER OF lNTEREST SET FORTH, MAY BE OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A) (3) (A) (1) OF TIlE SUBDIVISION MAP ACT, THEIR INTE~EST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE LOCAL AGENCY •.. OWNER: CARLSBAD AIRPORT CENTRE, OWNERS ASSOCIATION, A C~LIFORNIA NON-PROFIT MUTUAL BENEFIT'CORPORATION RECORDED: OCTOBER 31, 1986 AS FILE NO. 86-497819 OF OFFICIAL RECORDS THE SIGNATURE OF THE; PARTY NAMED HEREINAFTER AS OWNER OF INTEREST SET FORTH, MAY BE OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A) (3) (A) '(I) OF THE SUBDIVISION MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE LOCAL AGENCY. 'OWNER: SAN DIEGO GAS AND ELECTRIC RECORDED: NOVEMBER 21, 1989 AS FILE NO. 89-632469 OF OFFICIAL RECORDS TRUST DEEDS: THE SIGNATURE OF ONE OF THE PARTIES NAMED BELOW WILL BE REQUIRED AS TRUSTEE OR BENEFICIARY UNDER DEED OF TRUST. RECORDED: TRUSTEE: BENEFICIARY: JULY 18, 198·5 AS FILE NO. 85-255343 OF OFFICIAL RECORDS FIRST AMERICAN TITLE INSURANCE; COMPANY PALOMAR BUSINESS PARK, A JOINT VENTURE, COMPOSED OF SIGNAL LANDMARK, INC., A CALIFORNIA CORPORATION ~ND PALOMAR AIRPORT PARK, LTD., A CALIFORNIA LIMITED PARTNERSHIP NOTE: SAID TRUSTEE IS SUCCESSOR BY SUBSTITUTION. -1- .. RECORDED: TRUST DEEDS: JANUARY 22, 1992 AS FILE NO. 1992-003"2374 OF OFFICIAL RECORbS THE SIGNATURE OF ONE OF THE 'PARTIES NAMED BELOW WILL BE REQUIRED AS TRUSTEE OR BENEFICIARY UNDER DEED OF TRUST. RECORDED: TRUSTEE: BENEFICIARY: DECEMBER 12, 1995 AS FILE NO. 1995-0565763 OF OFFICIAL RECORDS CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION L.I\WRENCE B. ROBINSON, AS TRUSTEE OF THE ROBINSON FAMILY TRUST DATED DECEMBER 21, 1989 -2- 01-154493 01-154493 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED, 9N THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL YEAR 1995-96 INCLUDING FIRST INSTALLMENT: COUNTY AND/OR CITY TAXES FOR THE FISCAL PERSONAL PROPERTY TAX, IF ANY. $2,498.,20 PAID SECOND INSTALLMENT: $2,498.20 OPEN LAND: $318,000.00 CODE AREA: 09104 PARCEL NO. 212-092-03 lA. THE FACT THAT SAID LAND LIES WITHIN THE, BOUNDARIES OF A COMMUNITY FACILITIES ASSESSMENT/MELLO-ROOS DISTRICT, THE ~OUNT OF ASSESSMENT, IF ANY, ATTRIBUTABLE TO THIS PARCEL IS CURRENTLY OR WILL BE COLLECTED AS A PART OF THE TAX BILL. lB. 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. 2. A DOCUMENT SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED. ENTITLED: DATED: EXECUTED BY: RECORDED: FOR THE PAYMENT OF A PUBLIC FACILITIES OCTOBER 29, 1980 PALOMAR BPSINESS PARK D.B.A. AIRPORT BUSINESS CEN~ER -CARLSBAD AND THE CITY OF CARLSBAD, A MUNICIPAL COR~ORATION NOVEMBER 16, 1981 AS FILE NO. 81-361926 OF OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 3. ~ DOCUMENT SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THER,EIN CONT~INED. ENTITLED: DATED,: EXECUTED BY: HOLD ijARMLESS AGREEMENT MAY 14, 1,984 PALOMAR BUSINESS PAR·K, A JOINT VENTURE AND. THE CITY OF CARLSBAD -1- · . RECORDED: SCHEDULE B I JUNE 7, 1984 AS F;ILE NO. 84-21.t355 OF OFFICIAL RECORDS 01-154493 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL P~TICULARS. 4. PROVISIONS, THE MAP OF THE MAP NO.: PROVISIONS: HEREIN RECITED, OF THE DEDICATION STATEMENT ON TRACT SHOWN BELOW I 11288 AS FOLLOWS: DECLARANT AGREE TO INDEMNIFY AND HOLD THE CITY OF CARLSBAD HARMLESS FROM AND AGAINST (1) LIABILITY FOR PERSONAL INJURY, (2) LIABILITY FOR PROPERTY DAMAGE AND (3) LIABILITY RESULTING FROM JUDGMENTS. IN INVERSE CONDEMNATION ACTIONS, THIS INDEM~IFICATION SHALL AP:p-LY TO THE FOREGOING TYPES OF LIABILITY WHICH ARE CAUSED BY OR RESULT FROM (1) THE OPERATION OF THE. PALOMAR AIRPORT, (2) AIRCRAFT USING PALOMAR AIRPORT OR (3) THE CITY'S APPROVAL OF THE 'FINAL MAP FOR THIS PROJECT. THIS INDEMNIFICATION SHALL APPLY TO THAT PORTION OF THE P,ROJECT LOCATED WITHIN THE FAA "CLEAR ZONE" OR "CRASH ZONE" AS IDENTIFIED ON THE ENVIRONMENTAL IMPACT REPORT (EIR 81-6) PREPARED IN CONN~CTION WITH .DECLARANT'S APPLICATION FO~ A FINAL MAP FOR THE PROJECT. THIS PROVISION SHALL BE' BINDING UPON AND SHALL INURE TO THE BENEFIT OF DECLARANT'S SUCCESSORS-IN-INTEREST. TRANSFEREES AND ASSIGNS. UPON THE TRANSFER OR ASSIGNMENT OF THE PROPERTY MAKING UP THE PROJECT. DECLARANT SHALL BE ~ELIEVED OF ALL OBLIGATIONS DUTIES, RESPONSIBILITIES AND LIABILITIES IMPOSED UPON IT BY THIS INDEMNIFICA~ION PROVIDED THAT DECLARANTS SUCCESSOR EXPRESSLY ASSUMES SUCH OBLIGATIONS. THIS PROVISION SHALL RUN WITH THE LANO. . 5. PROVISIONS, THE MAP OF THE MAP NO.: PROVISIONS: HEREIN RECITED, OF TRACT SHOWN BELOW I 11288 AS FOLLOWS: THE DEDICATION STAT~MENT ON NOTE: THIS SUBDIVISION 'IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBjECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL, TIME OF OCCUPANCY. IF THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE NOT AVAILABLE. BUILDING PERMITS WILL NOT ,a~ ISSUED. -2- ,t • SCHEDULE B 01-154493 6. A DOCUMENT SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED. ENTITLED: EXECUTED BY: RECORDED: HOLD HARMLESS AGREEMENT CARLSBAD AIRPORT CENTRE AND CITY OF CARLSBAD JULY 16, 1985 AS FILE NO. 85-25.2983 OF OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN AND ANY O~HER AMOUNTS PAYABLE UNDER THE TERMS THEREOF DATED: JULY 18,. 1985 AMOUNT: $13,125,000.00 TRUSTOR: CARLSBAD AIRPORT CENTRE, A LIMITED TRUSTEE: BENEFICIARY: RECORDED: PARTNERSHIP 'TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION PALOMAR BUSINESS PARK, A JOINT VENTURE COMPOSED OF SIGNAL LANDMARK, INC., A CALIFORNIA CORPORATION AND PALOMAR AIRPORT PARK, LTD'., A CALIFORNIA LIMITED PARTNERSHIP JULY 18, 1985'AS FILE NO. 85-255343 OF OFFICIAL RECORDS. SAID MATTER AFFECTS THIS AND OTHER PROPERTY. AN INSTRUMENT NEW TRUSTEE: RECORDED: SUBSTITUTES THE TRUSTEE IN SAI;D DEED OF TRUST FIRST AMERiCAN TITLE INSURANCE COMPANY JANUARY 22, 1992. AS FILE NO. 1992-0032374 OF OFFICIAL RECORDS NOTICE OF DEFAULT ALLEGED OWNER AND EXECUTED BY RECORDED NOTICE OF DEFAULT ALLEGED OWNER AND EXECUTED BY RECORDED UNDER THE TERMS OF SAID DEED OF TRUST BY THE HOLDER OF THE NOTE SECURED THEREBY PALOMAR BUSINESS PARK, A JOINT VENTURE JANUARY 24,1992 AS FILE NO. 199:2-0039564 OF OFFICIAL RECORDS UNDER THE TERMS OF SAID DEED OF TRUST BY THE HOLDER OF THE NOTE SECURED THEREBY PALOMAR BUSINESS PARK AND PALOMAR AIRPORT PARK, LTD. JANUARY 22, 1992 AS FILE NO. 1992-0032375 ,OF OFFICIAL RECORDS . -~- .. SCHEDULE B 01-154493 . NOTE: OUR RECORDS DO NOT INDICAT.E THAT THE ABOVE DEED OF TRUST HAS BEEN RELEASED BY A RECORDED RECONVEYANCE. HOWEVER, SAID' _ DEED OF TRUST MAY BE OMITTED FROM A POLICY OF TITLE INSURANCE, PROVIDED THIS COMPANY IS IN RECEIPT OF SAID DEED OF RECONVEYANCE FOR RECORDING OR IS IN RECEIPT OF A LETTER OF INDEMNITY FROM THE RESPONSIBLE P~EVIOUS TITLJ!! INSURER. 8. MATTERS IN AN INSTRUMENT WHICH, AMONG OTHER THINGS, CONTAINS oa PROVIDES FOR ASSESSMENTS, LIENS AND THE SUBORDINATION THEREOF, PROVISIONS RELATING TO THE PARTITION, RESTRICTIONS OR SEVERABILITY OF COMPONENT INTERESTS, COVENANTS, CONDITIONS AND RESTRICTIONS, PROVIDES FOR USE OF COMMON AREAS, CERTAIN EASEMENTS, AND A PROVISION THAT ANY VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF A MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT WHICH, HOWEVER, DO NOT CONTAIN RESTRICTIONS' BASED UPON RACE, COLOR OR CREED RECORDED: I SEPTEMBER 12, 1986 AS FILE NO. 86-401456 OF OFFICIAL RECQRDS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED BY AN INSTRUMENT RECORDED JANUARY 28, 1987 AS FILE NO. 87-048040 OF OFFICIAL. RECORDS. BY A DECLARATION OF ANNEXATION RECORDED OCTOBER 30, 1990 AS FILE NO. 90-589282 OF OFFICIAL RECORDS, THE HEREIN PESCRIBED PROPERTY WAS ANNEXED TO SAID COVENANTS, CONDITIONS .AND RESTRICTIONS. 9. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CARLSBAD AIRPORT CENTRE, OWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION FOR: COMMON AREA RECORDED: OCTOBER 31, 1986 AS FILE NO. 86-497819 OF OFFICIAL RECORDS 'SAID DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT. 10. A DOCUMENT SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED. ENTITLED: DATED: I ENVIRONMENTAL INDEMNITY AGREEMENT AUGUST 11, 1989 -I EXECUTED BY: RECORDED: SCHEDULE B 01-154493 CAR~SBAD AIRPORT CENTRE AND SUMITOMO BANK O,F CALIFORNIA , AUGUST 15, 1989 AS 'FILE NO. 89-436040 OJr OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 11. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION FOR: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: NOVEMBER 21, 198'9 AS FILE NO. 89-6324,69 OF OFFICIAL RECORDS LOCATION OF SAID EASEMENT CANNOT BE PLOTTED FROM RECORD. 12. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO.1, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, S~ATE OF CALIFORNIA, RECORDED: I DECEMBER 19, 1990 AS FILE NO. 199'0-0674118 OF OFFICIAL RECORDS " A NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO. 1991-0236959 OF OFFICIAL RECORDS. 13. A DEED OF TRUST TO SECURE AN I~DEBTEDNESS OF THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF DATED: AMOUNT: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: NOTE NO: DECEMBER 7, 1995 $1,150,000.00 HOMES FOR INDUSTRY -CARLSBAD,LLC, A CALIFORNIA LIMITED LIABILITY COMPANY CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION LAWRENCE B. ROBINSON, AS TRUSTEE OF THE ROBINSON FAMILY TRUST DATED DECEMBER 21, 1989 DECEMB,ER 12, 1995 AS FILE NO. 1995-0565763 OF OFFICIAL RECORDS. TO AVOID DELAYS AT THE TIME 'OF CLOSING, PLEASE SUBMIT THE ORIGINAL NOTE, DEED OF TRUST AND THE (PROPERLY EXECUTED) REQU~ST FOR RECONVEYANCE TO THIS OFFICE AT LEAST ONE WEEK PRIOR TO THE CLOSE OF ESCROW. IF A SUBSTITUTION OF TRUSTEE AND DEED OF RECONVEyANCE IS TO BE EXECUTED BY THE BENEFICIARIES OF SAID DEED OF TRUST, WE WILL REQUIRE THE ORIGINAL NOTE AND ORIGINAL" DEED' -5- .-----------------------------~~---------- SCHEDULE B 01-1544-93 OF TRUST OR AN AFFIDAVIT FROM THE BENEFICIARIES STATING THAT THE SAID NOTE AND/OR DEED OF TRUST HAS BEEN LOST AND ijAS NOT BEEN FURTHER ASSIGNED. 14. AN AGREEMENT TO walCH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: DECEMBER 8,' 1995 HOMES FOR INDUSTRY-CARLSBAD, LLC, A LIMITED LIABILITY COMPANY AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 DECEMBER 29, 1995 AS FILE NO. 1995-05981-06 OF OFFICIAL RECORDS -6- -~. , . GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms -The following terms when used in ,this Guarantee mean: (a) "land": the land described; specifically or by reference, in this Guarantee, and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart constructive notice of matters relating to said land; (c) "date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Guarantee, or in a supplemental writing exec.uted by the Company; (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. 2. Exclusions from Coverage of this Guarantee -The Company assumes no liability for loss or damage by reason of the following: (a) 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. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land expressly described in the description set forth in this Guarantee, or title to streets, ·roads, avenues, lanes, ways or waterways on wh ich such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and speCifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. 3. Prosecution of Actions - (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms Of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all' reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss -Limitation of Action - A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be. commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. Option to Pay, Settle or Compromise Claims -The Company shall have the option to payor settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee' is issued.for th!l benefit'of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by 'said "mortgage. Such Pllrchase, payment or' tender of payment of the full amount of the Guarantee shall terminate all liability of the Company rereunder. In the· event after notice of claim has been given to the Company by the Assured the Cc;>mpany offers to purchase said 'indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. Limitation of Liability ~ Payment of Loss - (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured b!lc,ause of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated on the face Page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all'costs and attorneys' fees in litigation carried on by the Assured with the written authorization of the· Company. (c) No claim for damages shall arise or be maintainable under this ,Guarantee (1) if the Company after having received notice of an' alleged defect, lien or enclJmbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, c;>r (2) for liability voluntarily assumed by the Assured in-settling any claim or suit without written consent of the Company. (d) All payments under this Guarantee, except for attorneys' fees as provided for in paragraph 6(b) hereof, shall reduGe the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for ,enq.orsement of such, payment unless the guarantee be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely ·fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation upon Payment or Settlement -Whenever the Com- pany shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffect!ld by any act of the Assured, and it shall be subrogated tc;> and be entitled to all rights and remedies which the Assured' would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not Gover the loss of the Assured, the Company shall be, subrc;>gated to such r.ights and remedies in the proportion which said payment bears to the the amount of said loss. The Assured if requested by the Company, shall transfer to the Company' all rights and· remedies against any person or property necessary in order to peffect such right of subrogation, and shall permit the Company to use the name Of the Assured in any transaction or litigation involving such rights onemedies .. 8. Guarantee 'Entire Contract -Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter'hereof must be based on the provisions, of this Guarantee. ' No provision or condition of this Guarantee can be waived or changed except by a Writing endorsed or'attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary, or other validating .officer of the Company. 9. Notices, Where Sent -All notices required to be given the Company and an,y statement in writing required to be furnished the Company shall be addressed to it at P. O. Box 2029, Houston, Texas 77252, and identify this policy by its printed POLICY SER IAL NUMBER which appears on the bottom 6f the front of the first page of this policy. The use of AIR MAIL for these notices and statements will expedite and aid proper handlin~ of claims hereunder. 10. The fee specified on the face of this Guarantee is the total fee for title search and examination and for this Guarantee: STEWART TIT'LE' CL TA Guarantee Form No.2 3 (1-13 -7 8) Page 4 GUARANTY COMPANY t< ~ " it '. STEWART TITLE GUARANTY COMPANY ESTABLISHED 1896 INCORPORATED 1908 A NAME RECOGNIZED NATIONALLY FOR MORE THAN 75 YEARS AS BEING SYNONYMOUS WITH SAFETY S.lIlCIiIY of Cilnl racl STEWART TITLE GUARANTY COMPA.NY P. O. Box 2029 Houston, Texas 77252 ~, t\:r-A nJ.J > 0= Pllj ~") ~ MJ ~ 0; (m v: -"<'"". ,0 c"GJ, \!JE til.. ._, ...... .J !--.~ {~ ,,:-~ &! :""4'~ ::J ;~~ L~ t -...... 4 ,"'" ! ,,"'¢ ~. i§ [; l~~ F~~'~ e") !.:.' :: lJ-~ .,."'!J, t=,..: :.. ~~~ }~.:J. ~::; .~~1 C~ w~ ~ Uj PARCEL MAP GUARANTEE