HomeMy WebLinkAboutPDP 00-02C; AGUA HEDIONDA SEWER LIFT STATION; Precise Development Plan (PDP)«tr,
~ CITY OF
CARLSBAD
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Department
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
0 Administrative Permit
(FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
0 Coastal Development Permit (*) OMinor
D Conditional Use Permit(*)
0 Minor O Extension
D Environmental Impact Assessment
IZ] Habitat Management Permit O Minor
[iZ] Hillside Development Permit(*)
D Planned Development Permit
0 Residential O Non-Residential
0 Planned Industrial Permit
D Planning Commission Determination
0 Site Development Plan
[Z] Special Use Permit •. Fl.ooO-l'\.>'\l.;)
0 Tentative Tract Map
0 Variance □Administrative
P 10-11
D General Plan Amendment
D Local Coastal Program Amendment (*)
D Master Plan
D Specific Plan
D Zone Change (*)
□Amendment
[Z]Amendment
D Zone Code Amendment
List other applications not specified
IZI Redevelopment Permit
0 Precise Dev. Plan Amend.
□
(*) = eligible for 25% discount
5P )44 /L)
RP 10-a'=-
PDP C0-62-/.
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING
ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. L, f, :',TA i10 j)
ASSESSOR PARCEL NO(S).: 210-011-05; 210-010-42; 210-010-dl.·210-,olt>-i// Avenida Encinas ROw Ne:r:12 · G
PROJECT NAME: Agua Hedionda Sewer Lift Station and Gravity and Force Mains
BRIEF DESCRIPTION OF PROJECT: See Attachment
OWNER NAME (Print): See attached list APPLICANT NAME (Print): City of Carlsbad -Public Works
MAILING ADDRESS: MAILING ADDRESS: 1635 Faraday Ave.
CITY, STATE, ZIP: CITY, STATE, ZIP: Carlsbad, CA 92008
TELEPHONE: TELEPHONE: (760) 602-2765
EMAIL ADDRESS: EMAIL ADDRESS: terry.smith@carlsbadca.gov
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE. TH~70~ /-/~-/()
SIGNATURE DATE SIGNATU_pE / DATE
P-1 Page 1 of 5 Revised 04/09
• •
BRIEF LEGAL DESCRIPTION: A portion of Lot F of Rancho Agua Hedionda, Map 823 in the City of Carlsbad, County of San
Diego, State of California.
LOCATION OF PROJECT: No street address
STREET ADDRESS
ON THE: West SIDE OF Interstate 5
(NORTH, SOUTH, EAST, WEST)
BETWEEN Chinquapin Ave.
(NAME OF STREET)
AND
(NAME OF STREET)
Poinsettia Lane
(NAME OF STREET)
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY
THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
P-1 Page 2 of 5
RECEIVED
JUL O 9 .2010
CITY OF C~RLS'BAD
DATPlANMM9C0E ECEIVED
RECEIVED BY:
Revised 04/09
I-
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: Agua Hedionda Sewer Lift Station and Gravity and Force Main
APPLICANT NAME: -=C=ity',1---=o=f~C=a=rl=sb~a=d=-------------------
The proposed project involves the installation of sewer line improvements on the Vista/Carlsbad
Sewer Interceptor System, segments VCl 1, VC12, VC13, VC14, and VC15. More specifically,
the project involves the installation of a new replacement sewer lift station and a new 54-inch
(diameter) underground sewer force main/ gravity sewer for a total distance of approximately
12,075 linear feet (2.3 miles) in a north/south direction along the urban coast line of the city of
Carlsbad. The new line will be located between the coastline to the west and the I-5 freeway to
the east. The distance extends from the north side of Agua Hedionda Lagoon, where the new line
will connect to collect sewage from an existing sewer trunk pipe at a point approximately 500-
feet south of Chinquapin Avenue immediately east of the BNSF Railroad tracks, within the
railroad ROW. The line will then travel south, on the east side of and parallel with the railroad
tracks, within an existing berm located between the railroad tracks and the YMCA facility. The
sewer main then travels southerly over a new steel bridge to be laid across the Agua Hedionda
Lagoon channel, to a new sewer lift station located on the northern edge Gust east of the Railroad
ROW) of the Encina Power Plant site. Once the new sewer line is operational, the trestle bridge
carrying the existing 42-inch sewer main will be removed.
A new, replacement lift station will be located on an approximate 1.3 acre area on the north end
of the Encina Power Plant site, on property owned by the NRG Corporation. This lift station will
replace an existing station which was constructed in 1964 and rehabilitated in 1989, and is
nearing the end of its useful life. The new lift station will be constructed mostly below grade,
with the western wall visible up to 24.5 ft. in height, with the capacity to pump 33 mgd of
wastewater. A biofilter odor control system will be provided. Noise abatement measures
including sound enclosures will be provided. Multiple redundant features in facility design
(sewage conveyance, power sources, etc.) will be included in the design. Chain-link fencing and
technological and mechanized security will surround the site.
The sewer force main project then travels from the lift station south along the eastern side of the
Railroad ROW, along an existing dirt access road within the Encina Power Plant property, into
the north extension of the A venida Encinas public street (presently stubbed at the Power Plant
property line). The sewer line travels down the approximate middle of A vendia Encinas. Across
(south of) Cannon Road, the sewer main travels south and follows Avenida Encinas (within the
roadway center median), to the intersection with Palomar Airport Road. South of Palomar
Airport Road, the main travels down the southern extension of A vendia Encinas to a point where
it connects directly to sewer pipes extending into the existing Encina Water Pollution Control
Facility.
Also proposed in an alignment parallel to the sewer line is a 12-inch diameter recycled water line
which will run from the north end of the project area to the south end. This line will transport
pressurized recycled water to the north from the Encina Water Pollution Control Facility to the
northern sections of Carlsbad. This recycled line will be installed on either side of the sewer
pipe.
CEQAnet -Agua Hendionda Sewer Lift Station & Gravity & Force Ma1us • •
California Home
Agua Hendionda Sewer Lift Station & Gravity & Force Mains
SCH Number: 2010081053
Document Type: MND -Mitigated Negative Declaration
Project Lead Agency: Carlsbad, City of
---------------------------------------
Project Description
Page 1 of2
Friday, March 25, 2011
The proposed project involves the installation of a sewer trunk line (3,960-foot long force main and 8,420-foot long gravity sewer line), a sewer lift
station (50 million gallons/day capacity,) and a sewer support bridge (140-foot weathered steel span) improvements on the Vista/Carlsbad Sewer
Interceptor System, segments VC11, VC12, VC13, VC14, and VC15. The proposed project extends a total distance of approximately 12,380 linear feet
(2.35 miles) in north-south direction located in coastal Carlsbad from the Agua Hedionda Lagoon to the Encina Water Pollution Control Facility. The
project also proposes a number of associated improvements in the same work area, including installation of a recycled water line, replacement of a
portable water line, demolition of an existing sewer lift station and concrete overflow basin, demolition of the wood trestle for the existing sewer line and
the option of relocating a section of an existing high pressure gas transmission line from its existing trestle bridge (and removal of the bridge) to the
new sewer bridge.
-----------------------------
Contact Information
Primary Contact:
Pam Drew
City of Carlsbad
(760) 602-4644
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
---~~---------
Project Location
County: San Diego
City: Carlsbad
Region:
Cross Streets: Cannon Road & Palomar Airport Road
Latitude/Longitude: 33° 8' 34.8" / 117° 20' 9.6" Mfil2
Parcel No: 210-011-05, 210-010-42, 210-010-41 & within NCTD's railroad r-o-w and city-owned street
Township:
Range:
Section:
Base:
Other Location Info:
Proximity To
Highways: 1-5 & Hwy 101
Airports: McClellan/Palomar
Railways: NCTD
Waterways: Agua Hedionda Lagoon & Pacific Ocean
Schools: Carlsbad Unified School District
-----------------------
Land Use: The projet will be located within the NCTD's railroad right-of-way, NRG & SDGE&E's property, and within the existing public right-of-way on
Avenda Encinas. The zoning designation are Transportation Corridor (T-R), Open Space (0-S), Public Utility (P-U), Commercial Tourist -Qualified
Overlay (C-T-Q), Neighborhood Commercial (C-10), and Secondary Arterial -street right-of-way. The General Plan designations area Transportation
corridor (TC), Public Utilities (U), Travel Recreation Commercial (T-R), and Secondary Arterial -street right-of-way.
Development Type
Waste Treatment: Sewer (lift station & gravity and force mains)
Local Action
Specific Plan, Planned Unit Development, Use Permit, Redevelopment, Local Coastal Permit, Other Action (Hillside Development Permit & Habitat
Management Plan Permit)
http://www.ceqanet.ca.gov/DocDescription.asp?DocPK=645232 03/25/2011
CEQAnet -Agua Hendionda SI.Yer Lift Station & Gravity & Force Mains
• • • Page 2 of2
Project Issues
AestheticNisual, Air Quality, Archaeologic-Historic, Coastal Zone, Drainage/Absorption, Flood Plain/Flooding, Geologic/Seismic, Public Services,
Sewer Capacity, Soil Erosion/Compaction/Grading, Solid Waste, Toxic/Hazardous, Trafflc/Circulation,Vegetation, Wetland/Riparian, l/vlldlife, Landuse,
Cumulative Effects
Reviewing Agencies (Agencies in Bold Type submitted comment letters to the State Clearinghouse)
Resources Agency; California Coastal Commission; Cal Fire; Department of Parks and Recreation; CalRecycle; Caltrans, Division of Aeronautics;
California Highway Patrol; Caltrans, District 11; Department of Health Services; State Water Resources Control Board, Clean Water Program;
Regional Water Quality Control Board, Region 9; Department of Toxic Substances Control; Native American Heritage Commission; Public Utilities
Commission
Date Received: 8/17/2010 Start of Review: 8/17/2010 End of Review: 9/15/2010
CEOAnet HOME I NEW SEARCH
http://www.ceqanet.ca.gov/DocDescription.asp?DocPK=645232 03/25/2011
CEQAnet Database Query • • Page 1 of 1
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Click Project Title link to display all related documents. Document Type link will display full document description.
Records Found: 1
SCH#
2010081053
Query Parameters:
Lead Agency Project Title
Carlsbad, City of Agua Hendionda
Sewer Lift
Station & Gravity
& Force Mains
[First] [Next] [Previous] [Last]
Page:1
Date Range:
Description
The proposed project involves the installation of a sewer trunk line
(3,960-foot long force main and 8,420-foot long gravity sewer line), a
sewer lift station (50 million gallons/day capacity,) and a sewer support
bridge (140-foot weathered steel span) improvements on the
Vista/Carlsbad Sewer Interceptor System, segments VC11, VC12,
VC13, VC14, and VC15. The proposed project extends a total distance
of approximately 12,380 linear feet (2.35 miles) in north-south direction
located in coastal Carlsbad from the Agua Hedionda Lagoon to the
Encina Water Pollution Control Facility. The project also proposes a
number of associated improvements in the same work area, including
installation of a recycled water line, replacement of a portable water
line, demolition of an existing sewer lift station and concrete overflow
basin, demolition of the wood trestle for the existing sewer line and the
option of relocating a section of an existing high pressure gas
transmission line from its existing trestle bridge (and removal of the
bridge) to the new sewer bridge.
[First] [Next] [Previous] [Last]
CEOAnet HOME I NEW SEARCH
http://www.ceqanet.ca.gov/ProjectList.asp
Document Date
Type Received
8/17/2010
03/25/2011
--EARLY ASSESSMENT APPLICATION
DATE: /e£r~c: ... v (, -;2.,~c NO.: EA Ofa-0'2.
(Submittal Date t6 Planning)( "'.""P=la~n-n-=in:;_g...::D:.....e_pa-=rt:.....m..:::e:.....n_t_r:_ra-c-k1-·ng-N-um-b-er--J
TO: PLANNING DEPARTMENT-SPECIAL PROJECTS DIVISION
VIA:
(Requesting Department Head Signature)
FROM: 7e,/'y ~/;//
(Requestin6 Department Contact)
What is the project title? t:'.r/4 ~ l.f k ✓ J:ev<r 6,v/4.r /✓/.:I-/ .
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Is the project part of an approved""or future CIP budget? _ _._y-e_<_:S __ ...!....,;. __ ..:;:;;__,__..,___,.__ ___ _
Lisi previous, and anticipated futur~, related Co/ Council ~ctions. ~ /4-;> « ,r ft J ;>4.:.,_ e
~.,.. ✓/4-{y,,· De-r,,.::>~ /:,{a.r-e ,1.,,,-'/1<,.;t~.-;e c.;-,~ ct?'; n..v~
List any previously certified environmental documents (i.e. EIRs, Negative Declarations). _____ _
_:f /44/i/; ,e,f --~ /4 ~~e-.,/lJ""~re....--? ~?t
What technical studies have been, or will be, prepared (i.e. biology, archeology, traffic, noise, etc.)? __
c::>y-e~/✓ <-' -'f 04 /4-o~ -e o/ r"/)' -e"';j r ~ -e"t",,. / -r.c j ./' ~~
Is the project on City property? If not, has property owner authorization or an easement been secured?
d ~e f/<//tf 4:ecJ <,;'M·/r-~.-t.~ / .e4f-e.nre'9f-/:
Identify the project schedule. List critical, and desired milestone, dates in the development review and
construction process (i.e. hearing dates, grant application submittal deadlines, public workshops,
construction phasing, etc.).
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--Identify the project location. Describe the project. Provide as much detail as possible, attach additional
sheets if necessary. Be sure to identify, if applicable, the public art component, estimated quantities of
import/export, construction staging areas on and offsite, areas of sensitive vegetation, unique construction
technologies, proposed facility technologies and byproducts. If preliminary or conceptual plans/exhibits are
available, please include with this transmittal.
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PLANNING DEPARTMENT RESPONSE
Permits Required:. _____________________________ _
CEQA Overview: ____________________________ _ .,
Other comments: _____________________________ _
DATE: _________ _
(Returned to Requesting Department)
H:admin\counter\ecform
FROM:. ____________ _
Project Planner
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• -'. ,-, r • -•• ~ •(j,-, ~ ~ • ~ ~ ?, ,.. -~•~...,,• -.,f._, ~• • '4/-• 1:• ~-• • •'' ,: LAGOON ·J . .:... . , ' ,-' ' • I , .. -.. -:
.}f} .,• : ' J ,!'•• -,,,:~ ,'\ I ! / :• • l • /, l 1 ; (,•)I j ) j• ; : ' :,, ~ , .-/ Oh• f/ •• " ~,,
_·.:~.:. -~
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...... ~~.
CONNECTION TO
VCIIA / E:x1sTl~0 A,Ll~1\J~t,,\B'1'-n· Pt~~i\Uf: t:) ~Jl Ro1.v PLAN
800
~ 0 800
SCALE: 1" = 800'
1600 ID~
Alternate alignment for VC 11B -VC15 Interceptor
Sewer, 54 inch diameter
DATE
FIGURE
12-01-05
3
--SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY
Airport Land Use Commission · P. 0. Box 82776 · San Diego, California 92138-2776
APPLICATION FOR DETERMINATION OF CONSISTENCY
ProjectAddress: ft.jO PAR-nc(j/;,_.AfL ADJ::ieES.~ Foe. V<;g_a"'Ji:3::T
Assessor's Parcel Number(s): z JD -011-0.rJ 2 W -o I 0-4 2 J 3 ·,) Z Id --lo{ -lf r Ali ~.,l.l 104 t=J.JC.(1.Jl1.~ ~-o.-W,
Jurisdiction:('.: ,..]Y t>t CA~U.fVJ) Jurisdiction Project Manager: ·~µ_ De..Eto
Address: /c.,,35 FAe.AOAy A VE-. cAe.LS f:>.Ao CA.. 9 2..Q:?8:-
Telephone number: 7 ~o -ho2-'-I & 9 i[ Fax numb~r: '7 l.oCJ -G::>02 -tr-5.S-C,
Emailaddress: ·:pg""· L'.l\"~t..tJ P (.&'c..dsbsdCCi .3av
Brief Project Descri tion: ~~':"=-'="=-~L-~~..Ll..JL..!Jrl;T'"'"'T;:=::==-~:..P~~=----t!:..Li_!....!,~.!;----~~~ Ve i-fl~ S '2..1.M I LL ' a : t ,pc}
Height ofbuildin (s) above grade: 25". t.,'Maximum feet ab9YfiJJ1ean sea level: 5'1/b Lot coverage:itJ W % -1-.(..) Po_:::ER---
Total square footage of building space: AePC.Ot IS: a.):? -A.4:ea of property in square feet: (#/4 if:<. PL;:c_J~ZR. 1Y
Date project was deemed complete per Government Code: u.iA1ni.Jto o.tJ Floor Area Ratio: JJ IA: .I:::"'
FttVAL EAS.:;µE?.ur-s 7
Attach the following documents to this application: F1ZoM. ,v,U,/ de~
(1)
(2)
(3)
(4)
Property deed or title report listing current owner of record
Assessor's parcel map page showing property
REC'EIVED
JU;\J ~ ,1 .. , . -.
.... • .. ,,!
FAR Part 77 determination of hazard (if applicable) AIRPORT SY ~j'/ ~/VI Pl,,ANNIN .
#45 ~ Project site plans with floor plans and dimensioned elevations
The San Diego County Regional Airport Authority, acting in its capacity as the local Airport Land Use
Commission (ALUC), reserves its right to request additional information and documents regarding any
proposed project submitted for a consistency determination. The submittal shall not be deemed complete by
the Authority until such time as all required documents and information, as determined by Authority staff,
have been submitted and reviewed for completeness.
Any determination rendered by the Authority is limited to the project plans and description
submitted with this application and is not transferable to any revision of this or any similar, future
project involving any change in the use, area, or height of structures as depicted and described
therein. Any changes in these project characteristics subsequent to Authority review but before
decision-making consideration by the local jurisdiction must be resubmitted via new application to
the Authority for a new determination of consistency.
As representative of the local jurisdiction named above, I hereby certify that I understand the foregoing
statements and further that this application and attached documents constitute a true ~nd correct statement of
fucts to the best of my knowledge.//
Project Manager Signature: ~ Q.J2u.) Date: ~-2~3-/ 0 ,,,
BELOW FOR STAFF USE ONLY
AIA _____________ AAOZ limit __ _ RPZ FAZ APZ zone ---
CNEL (dB): outside 60 60-65 65-70 70-75 75-80 80+ Max Elev AMSL ____ _
Latitude ___ 0 ___ " North Longitude ___ 0 __ _ ___ "West
FAA Notification Required? Y I N USMC Review Letter? Y / N
Print Form
(f;n!(
FIC
\
i
OCEAN
SOURCE: The Thomas Guide, San Diego County, 2005
Figure 2
Location Map
AGUA HEDIONDA LIFT STATION
Carlsbad, California
June 4, 2010 PS# 080205
0 12SO 21500 l5000 FT
NORTH SCALE; 1" • 2500'
1630 ,AJUJ)AY AVl!M\11. IUmt 100, CA.111.llUD, CA. oaoon (180) ct:tl•O'tftO r11lC ('110) e,1 ... &'rH
•
•
~ · 09. -~
i
0\ B ~ ~
\,
~
1,.
SAN DIEGO COUNTY
ASSE~'SMAP
BOOK 210 INDEX
•
I ~-
I ~ ....,
'
• t ~
.. ..-14: -:~:~ -~.,.. i
• ~ • It
~~
! ....
-~ •· ,. I
I
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5 ~
--
~
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1 "=800' -
01/10/2004 KJA
t,,CATl".J CJF 7eoPoSED scwE:1?.. Ufl STA-no.0. ft)..a:ST oF TI-IE S'nLUcTU.e..t
L,LJ I LL e.E c av s112-P c.lED (_)....\ , T1:-1.1IU --r1-lE t"Xt sn ,u 6 '""e> I.. D f IF p.,va w , LL
j,joT ~"€ l/ l S t 6 L b F 12.c.M --n-t E: E A-'.T 1 S otJ T>-1 VI
t=-W.S _
~\L.o~o3ED .A.J~
JJ..ck"SUfLcO FeoM
~e..toC:--e-A-'??'2.ox1,t,t.A--r-ELY 3'-1' ~(__,op oF 1::62,tD"e: Aj
~ ~ i>f=7LGt.u _)
r .-*~ ~rr CJ F --WE r"ta"JFc:,' l J.J VO Lt/€~ P-:,c.----w:iJ
U,RA.P~ S€WG:ll. 1 t,vA-7iE:!2 s-R 4 wf=>,IE"~:
r-------------THIS MAP WAS PREPARED FOR ASSESSLENT PURPOSES ONLY. NO UABIUTY IS
ASSUJJED FOR THE ACCURACY OF rnE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COt.f>LY· WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES.
,
«1~ ¥ CITY OF
CARLSBAD
INSTRUCTIONS:
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www .carlsbadca.gov
To address post-development pollutants that may be generated from development projects, the City requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMP's} into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP}.
Initially this questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project. Depending on the
outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject additional criteria
called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the
storm water standards applied to a project.
Applicant responses to the questionnaire represent an initiar" assessment of the proposed project conditions and
impacts. City staff has responsibility for making the final assessment after submission of the development application.
If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water
standards than initially assessed by the applicant, this will result in the return of the development application as
incomplete. In this case, please make the changes to the questionnaire and resubmit to the City.
If applicants are unsure about the meaning of a question or need help in determining how to respond to one or more of
the questions, they are advised to seek assistance from Land Development Engineering staff.
A separate completed and signed questionnaire must be submitted for each new development application submission.
Only one completed and signed questionnaire is required when multiple development applications for the same project
are submitted concurrently. In addition to this questionnaire, applicants for construction permits must also complete,
sign and submit a Project Threat Assessment Form to address construction aspects of the project.
Please answer the questions below, follow the instructions and sign the form at the end.
I 1. Is your project a significant redevelopment?
DEFINITION:
Significant redevelopment is defined as the creation, addition or replacement of at least 5,000 square feet of
impervious surface on an already existing developed site.
Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or
replacement of a structure; structural development including an increase in gross floor area and/or exterior
construction remodeling; replacement of an impervious surface that is not part of a routine maintenance activity; and
land disturbing activities related with structural or impervious surfaces. Replacement of impervious surfaces includes
any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing
underlying soil during construction.
If your project IS considered significant redevelopment, then please skip Section 1 and proceed with Section 2.
If your project IS NOT considered significant redevelopment, then please proceed to Section 1.
E-34 Page 1 of 3 REV 4/30/10
' «,~
~ CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
!SECTION 1 NEW DEVELOPMENT
PRIORITY PROJECT TYPE YES NO Does you project meet one or more of the following criteria:
1. Housing subdivisions of 10 or more dwe/1/ng_ units. Examples: single family homes, multi-family homes, X condominium and apartments
2. Commercial -greater than 1-acre. Any development other than heavy industry or residential. Examples: hospitals;
laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial X nurseries; multi-apartment buildings; car wash facilities; mini-malls and other business complexes; shopping malls;
hotels; office buildinas; public warehouses; automotive dealerships; airfields; and other liaht industrial facilities.
3. Heavy Industrial I Industry-greater than 1 acre. Examples: manufacturing plants, food processing plants, metal X working facilities, printing plants, and fleet storage areas (bus, truck, etc.).
4. Automotive repair shop. A facility categorized in any one of Standard Industrial Classification (SIC) codes 5013, )< 5014, 5541, 7532-7534, and 7536-7539
5. Restaurants. Any facility that sells prepared foods and drinks for consumption, including stationary lunch counters
and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the X land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000
square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria
requirements and hvdromodification requirements.
6. Hillside development. Any development that creates 5,000 square feet of impervious surface and is located in an
area with known erosive soil conditions, where the development will grade on any natural slope that is twenty-five X percent (25%) or Qreater.
7. Environmentallv Sensitive Area (ESAJ1. All development located within or directly adjacent2 to or discharging
directly' to an ESA (where discharges from the development or redevelopment will enter receiving waters within the )( ESA), which either creates 2,500 square feet of impervious surface on a proposed project site or increases the area
of imperviousness of a proposed project site to 10% or more of its naturally occurring condition.
8. Parking_ lot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban )( runoff
9. Streets, roads, highways. and freeways. Any paved surface that is 5,000 square feet or greater used for the X transportation of automobiles, trucks, motorcycles, and other vehicles
10. R2talf Gasoline Outlets. Serving more than 100 vehicles per day and greater than 5,000 square feet X
11. Coastal Development Zone. Any project located within 200 feet of the Pacific Ocean and (1) creates more than X 2500 square feet of impermeable surface or (2) increases impermeable surface on property by more than 10%.
12. More than 1-acre of disturbance. Project results in the disturbance of more than 1-acre or more of land and is )( considered a Pollutant-generating Development Project4• .. .. 1 Environmentally Sens1trve Areas include but are not limited to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments):
areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent
environmentally sensitive areas which have been identified by the Copermittees.
2 "Directly adjacent• means situated within 200 feet of the Environmentally Sensitive Area.
3 "Discharging directly to• means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and
not commingled with flow from adjacent lands.
4 Pollutant-generating Development Projects are those projects that generate pollutants at levels greater than background levels. In general, these include all projects
that contribute to an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landscaping
areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for infrequent vehicle use, such as emergency or maintenance
access, or for pedestrian or bicycle use, are not considered Pollutant-generating Development Projects if they are built with pervious surfaces or if they sheet flow to
surroundi rvlous surfaces. ·
section 1 Results; .If you answered YES to ANY of the questions above your project is subject to Priority Development Project requirements. Please check the
"meets PRIORITY DEVELOPMENT PROJECT requirements· box in Section 3. A Storm Water Management Plan, prepared in accordance with City
Storm Water Standards, must be submitted at time of application.
If you answered NO to ALL of the questions above, then your project is subject to Standard Storrnwater Requirements. Please check the "does
not meet PDP requirements" box in Section 3.
E-34 Page 2 of 3 REV 4/30/10
I
«~0}
~ CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
I SECTION2 SIGNIFICANT REDEVELOPMENT
Complete the questions below regarding your redevelopment project: YES NO
1. Project results in the disturbance of more than 1-acre or more of land and is considered a Pollutant-generating
Development Proiect (see definition in Section 1 ).
If you answered NO, please proceed to question 2.
If you answered YES, then you ARE a significant redevelopment and you ARE subject to PRIORITY DEVELOPMENT PROJECT
requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below.
2. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1)
If you answered YES, please proceed to question 3.
If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STOR!UIWATER
REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below.
3. Is the project solely limited to just one of the following:
a. Trenching and resurfacing associated with utility work?
b. Resurfacing and reconfiguring existing surface parking lots?
C. New sidewalk construction, pedestrian ramps, or bike lane on public and/or private existing roads?
d. Replacement of existing damaged pavement?
If you answered NO to ALL of the questions, then proceed to question 4.
If you answered YES to ANY of the questions then you ARE NOT a significant redevelopment and your project is subject to Standard
Stonnwater Requirements. Please check the "does not meet PDP requirements" box in Section 3 below.
4. Will your redevelopment project create, replace, or add at least 5,000 square feet of impervious surfaces on an existing
development or, be located within 200 feet of the Pacific Ocean and ( 1 )create more than 2500 square feet of
impermeable surface or (2) increases impermeable surface on the property by more than 10%?
If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements.
Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below.
If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER
REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below.
I SECTION 3
Questionnaire Results:
~ My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria
per the SUSMP and must prepare a Storm Water Management Plan for submittal at time of application.
□ My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the
SUSMP.
Applicant Information and Signature Box This Box for City Use Only
Address: Assessor's Parcel Number(s):
APN ~JO-OID-'-11
Ap ican; Name: / / _ • h Applicant Title: c; p'{L-~l)fb/ ... T~ ::Yll,~ ~~#v 0Vt/ G-
Applicant Signature: Date:
City Concurrence: I YES I NO
I .........---1
By: GvP
Date: 7/z1/10
Project ID:
i,O -~7 CDP
E-34 Page 3of3 REV 4/30/10
, ft La~ers Title ~~ INSURANCE CORPORATION
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Attn: Terry L. Smith
Your Reference No: 210-010-26 & 41
Lawyers Title
4100 Newport Place Drive
Suite 120
Newport Beach, CA 92660
Phone: (949) 724-3170
Our File No: 11923423 -10
Title Officer: Chris Maziar
e-mail: unit10@ltic.com
Phone: (949) 724-3170
Fax: (949) 258-5740
Property Address: Portions of APN 210-010-26 and 210-010-41, Carlsbad, California
PRELIMINARY REPORT
Dated as of April 14, 2010 at 7:30 a.m.
In response to the above referenced application for a policy of title insurance, Lawyers 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 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 and Limitations on Covered Risks of said
Policy or Policies are set forth in Exhibit B attached. The policy to be issued may contain an arbitration
clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all
arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the
exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA
Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar
Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the Policy forms should
be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions
set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to
provide _you with notice of matters which are not covered under the terms of the title
insurance policy and should be carefully considered. It is important to note that this
preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments 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.
CLTA Preliminary Report (Revised 11-17-06)
Page 1
File No: 11923423
SCHEDULE A
The form of policy of title insurance contemplated by this report is:
AL TA Owners 2006 Policy (6-17-06)
The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
Cabrillo Power I LLC, a Delaware limited liability company
The land referred to herein is situated in the County of San Diego, State of California, and is
described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Page 2
File No: 11923423
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of
California, described as follows:
Those portions of Parcels 3 & 4 of Certificate of Compliance recorded
October 30, 2001 as Document Nos. 2001-0789067 & 2001-0789068, of
Official Records, as shown on Record of Survey (ROS) 17350, lying within
Lot 'H' of Rancho Agua Hedionda in the City of Carlsbad, County of San
Diego, State of California, according to the Partition Map thereof No. 823,
filed in the Office of the County Recorder of said County of San Diego,
November 16, 1896, described as follows:
Parcel 1:
BEGINNING at the intersection of the Easterly line of the San Diego
Northern Railroad (formerly known as Atchison, Topeka and Santa Fe
Railway) and a point which bears South 67°29'44" West (record South
67°29'48" West per Parcel Map 19380) from the Northwest corner of
Parcel 5 of Cannon Court (MS 99-16), in the City of Carlsbad, County of
San Diego, State of California, according to Parcel Map thereof No. 19380,
filed in the Office of the County Recorder of San Diego County December
2, 2003, said point hereinafter referred to as Point 'A';
Thence along said Easterly line of said San Diego Northern Railroad North
22°30'16" West (record North 22°30'12" West per Parcel Map 19380),
2,584.01 feet to the True Point of Beginning;
Thence leaving said Easterly line North 67°29'44" East, 35.25 feet, said
point hereinafter referred to as Point 'B';
Thence North 03°20'54" West, 128.24 feet;
Thence North 23°11'21" East, 273.84 feet;
Thence North 30°00'00" West, 225.65 feet to the Southerly line of Parcel
3 of said Record of Survey;
Thence along said line South 79°19'59" West, 84.41 feet to a point
hereinafter referred to as Point 'C';
Thence continuing along said Southerly line South 79°19'59" West, 57.03
feet;
Thence North 69°10'01" West, 38.00 feet;
Thence North 40°47'01" West, 63.50 feet;
Thence 30°30'59" West, 34.90 feet;
Thence South 61 °52'54" West, 14.22 feet to the Easterly line of said San
Diego Northern Railroad and the Southerly terminus of a non-tangent
1,974.99 foot radius curve concave Westerly, a radial line through said
point bears North 76°17'15" East;
Page 3
File No: 11923423
Thence along said Easterly line South 22°30'16" East, 302.87 feet to the
beginning of a non-tangent 1,005.37 foot radius curve concave Westerly,
a radial line through said point bears South 87°59'57" East;
Thence Southerly along the arc of said curve 36. 75 feet through central
angle of 02°05'40";
Thence South 22°30'16" East, 293.12 feet to the True Point of Beginning.
Parcel 2:
Beginning at Point 'C' described above in Parcel 1, said point also being on
the Southerly line of Parcel 3 of said Record of Survey;
Thence continuing along said Southerly line South 79°19'59" West, 57.03
feet;
Thence North 69°10'01" West, 38.00 feet;
Thence North 40°47'01" West, 63.50 feet;
Thence 30°30'59" West, 34.90 feet;
Thence South 61 °52'54" West, 14.22 feet to the Easterly line of said San
Diego Northern Railroad and the Southerly terminus of a non-tangent
1,974.99 foot radius curve concave Westerly, a radial line through said
point bears North 76°17'15" East;
Thence Northerly along said Easterly line and the arc of said curve 25.17
feet through a central angle of 0°43'49" to a point on the Southerly line of
said Parcel 3;
Thence along said Southerly line North 67°57'23" East, 43.06 feet;
Thence South 67°02'37" East, 140.64 feet to the Point of Beginning.
Parcel 3:
Beginning at Point "A" described above in Parcel 1;
Thence North 67°29'44" East (record North 67°29'48" East per Parcel Map
19380), 35.25 feet;
Thence leaving said line North 22°30'16" West, 889. 92 feet to a point on
the Southerly line of said Parcel 4 and the True Point of Beginning;
Thence continuing along said line North 22°30'16" West, 1694.09 feet to
Point 'B' described above and a point on the Southerly line of said Parcel
1· I
Thence along said Southerly line South 67°29'44" West, 30.00 feet;
Thence leaving said line South 22°30'16" East, 1,96. 75 feet to the
Southerly line of said Parcel 4;
Thence along said Southerly line North 62°25'10" East (record North
62°25'13" East per ROS 17350), 30.12 feet to the Point of Beginning.
Note: This Company has provided said description as an
accommodation for the purpose of facilitating this report.
Page 4
File No: 11923423
Said description is not an insurable parcel pursuant to the
Subdivision Map Act of the State of California and should not be
relied upon to convey or encumber said land, until approved by the
appropriate governing agency.
Assessor's Parcel Number: 210-010-26 210-010-41
Page 5
File No: 11923423
SCHEDULE B -Section A
The following exceptions will appear in policies when providing standard coverage as outlined
below:
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 asserted by persons in possession of
the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the
Title that would be disclosed by an accurate and complete land survey of the Land and not
shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing
the issuance thereof; (c) water rights, claims or title to water, whether or not the matters
excepted under (a), (b) or (c) are shown by the Public Records.
Page 6
File No: 11923423
SCHEDULE B -Section B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in
said policy form would be as follows:
A. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, to be levied for the fiscal year 2010 -2011 which are a lien
not yet payable.
B. No taxes are due or payable at this time. Said Property is currently owned by a Governmental
Agency.
Said matter affects APN 210-010-26
C. No taxes are due or payable at this time. Said Property is currently owned by a Governmental
Agency.
Said matter affects Security Pacific National Bank 210-010-41
D. A pending assessment for the District shown below. When notice of the assessment is
recorded with the County Recorder the assessment shall become a lien on said land.
District:
Disclosed by:
Recorded:
And recorded:
And recorded:
The Community Facilities District No. 1 for City of Carlsbad
Notice of Assessment
December 19, 1990 as Instrument No. 90-0674118;
May 20, 1991 as Instrument No. 1991-0236959;
January 16, 1996 as Instrument No. 1996-0020213, all of Official
Records
E. A pending assessment for the District shown below. When notice of the assessment is
recorded with the County Recorder the assessment shall become a lien on said land.
District:
Disclosed by:
Recorded:
Carlsbad Unified School District Community Facilities District No.
303111999
Assessment District Boundary Map, recorded in Book 33, at Page 9
March 11, 1999 as Instrument No. 1999-0157103 of Official
Records
F. The lien of any special assessment or tax resulting from the inclusion of the property in a
special assessment district or Mello-Roos Community Facilities District, which may exist by
virtue of assessment maps or notices filed and/or recorded by any such district. Assessments,
if any, arising from such assessment districts may be collected with the regular real property
taxes.
G. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the
Revenue and Taxation Code of the State of California.
1. Water rights, claims or title to water, whether or not shown by the public records.
Page 7
File No: 11923423
2. An easement in favor of the public over any existing roads lying within said land.
3. A right-of-way 100 feet in width over that portion of Rancho Agua Hedionda, herein described,
as is particularly described and referred to in Deed from Robert Kelly to California Southern
Railroad Company, recorded in Book 38, Page(s) 171 of Deeds, and not included in the Deed
from the Atchison, Topeka and Santa Fe Railway Company, to Kelly Investment Company,
recorded in Book 476, Page(s) 40, of Deeds, and in the Deed from the Atchison, Topeka and
Santa Fe Railway Company to Kelly Investment Company, recorded in Book 519, Page(s) 33, of
Deeds, records of San Diego County.
4. An easement for the
document
Granted to:
Purpose:
Recorded:
Affects:
purpose shown below and rights incidental thereto as set forth in a
Southern Counties Gas Company
gas pipe line not to exceed 12 ½ inches in diameter
July 26, 1932 in Book 147, Page(s) 152 of Official Records
said land more particularly described therein.
5. A Memorandum of Mortgage Trust Indenture, dated October 10, 1940, executed by San Diego
Gas & Electric Company, Trustor, to the Bank of California National Association, as Trustee,
dated July 1, 1940 and recorded October 10, 1940 in Book 1087, Page(s) 1 of Official Records,
together with covenants, conditions and restrictions, if any, appearing in the Public Records,
but omitting, except to the extent permitted by any applicable Federal or State Law, covenants
or restrictions, if any, based on race, color, religion, sex, or familial status. Together with any
amendments or supplements thereto.
6. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to:
Purpose:
Recorded:
Southern California Telephone Company
a right of way
August 2, 1941 in Book 1200, Page(s) 421 of Official Records
The exact location and/or extent of said easement is not disclosed in the public records.
7. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to:
Purpose:
Recorded:
Affects:
W. D. Cannon, an unmarried man
road and water pipe line
January 21, 1953 in Book 4722, Page(s) 361 of Official Records
said land more particularly described therein.
8. The fact that ownership of the land herein described does not include the right of ingress to or
egress from that certain parcel of land granted to the State of California by Deed from San
Diego Gas & Electric Company, a Corporation, dated December 29, 1952 recorded May 18,
1953 in Book 4858, Page(s) 320 of Official Records, said rights having been relinquished by
said Deed; excepting and reserving to the owners of the abutting lands and successors or
assigns, the right to pass to and from the said lands upon surface of the waters of Agua
Hedionda Slough, un_der and beneath the freeway bridge located at approximately Engineer's
Station 386 plus 45 and crossing said slough.
Page 8
File No: 11923423
9. An easement for the
document
Granted to:
Purpose:
Recorded:
Affects:
10. An easement for the
document
Granted to:
Purpose:
Recorded:
Affects:
11. An easement for the
document
Granted to:
Purpose:
Recorded:
Affects:
purpose shown below and rights incidental thereto as set forth in a
The Vista Sanitation District and the City of Carlsbad
sewer pumping station, sewer pipeline, manholes and road
June 24, 1964 as Instrument No. 113886 of Official Records
said land more particularly described therein.
purpose shown below and rights incidental thereto as set forth in a
Janss Corporation, a Delaware Corporation
a breakwater structure, a channel, trench, ditch or other depression
in the surface of the earth and an easement for ingress and egress
over the waters of the upper lagoon
June 8, 1965 as Instrument No. 102193 of Official Records
said land more particularly described therein.
purpose shown below and rights incidental thereto as set forth in a
City of Carlsbad
water main and incidental purposes
July 13, 1970 as Instrument No. 70-121856 of Official Records
said land more particularly described therein.
12. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to:
Purpose:
Recorded:
Affects:
City of Carlsbad
road and public utility
November 13, 1972 as Instrument No. 303347 of Official Records
said land more particularly described therein.
13. An exclusive easement, subject to the prov1s1ons of Section 5 and 6 of the "Facilities
Agreement" (as defined in the Deed granting easements hereinafter described), granted from
San Diego Gas & Electric Company, a California Corporation, to Lloyds Bank California, a
California Corporation, as Trustee under the Trust Agreement dated as of June 15, 1978,
between Lloyds Bank California and Bamerilease, Inc., a California Corporation, by and upon
the terms of the Deed granting easements dated August 22, 1978 and recorded August 24,
1978, as File/Page No. 78-361766 of Official Records of San Diego County, California, for
locating, occupying, owning, selling, leasing, connecting, operating, maintaining, replacing,
renewing, repairing and removing, and for all related purposes, the oil-fired steam turbine
electric generating plant ("The Equipment") described in Schedule 1 attached to the Bill of Sale,
Quitclaim and Assignment dated August 21, 1978, between San Diego Gas & Electric Company,
a California Corporation, and Lloyds Bank California, a California Corporation, as Trustee under
the Trust Agreement dated as of June 15, 1978, between Lloyds Bank California and
Bamerilease, Inc., a California Corporation, and recorded August 24, 1978, as File/Page No.
78-361765 of Official Records of San Diego County, California, and all alterations,
modifications, additions, accessions, improvements, appurtenances, replacements and
substitutions to and for the equipment, in, on, over, under, across and through the real
property.
The matters contained in a document entitled "Assignment and Assumption Agreement" by and
between San Diego Gas & Electric Company, a California Corporation, Cabrillo Power I LLC, a
Delaware limited liability company and Sanwa Bank, as Owner Trustee (as successor-in-
interest to Lloyd's Bank California) recorded May 21, 1999 as Instrument No. 1999-0347266 of
Official Records.
Reference is made to said document for full particulars.
Page 9
File No: 11923423
14. A non-exclusive easement, subject to the provisions of Subsection 6.3 of the "Facilities
Agreement" (as defined in the deed granting easements hereafter described), granted from
San Diego gas and electric company, a California Corporation, to Lloyds Bank California, a
California Corporation, as trustee under the trust agreement dated as of June 15, 1978,
between Lloyds Bank California and Bamerilease, Inc., a California Corporation, by and upon
the terms of the deed granting easements dated August 22, 1978 and recorded August 24,
1978 as File/page no. 78-361766 of Official Records of San Diego County, California, for using
the facilities ("auxiliary facilities") described in exhibit "b" attached to the Facilities Agreement
dated as of June 15, 1978, between San Diego gas and Electric Company, a California
Corporation, and Lloyds Bank California, a California Corporation, as trustee under the trust
agreement dated as of June 15, 1978, between Lloyds Bank California and Bamerilease, Inc., a
California Corporation and recorded August 24, 1978 as file/page no. 78-361767 of Official
Records of San Diego county, California and all alterations, modifications, additions, accessions,
improvements, appurtenances, replacements and substitutions to and for the auxiliary
facilities, for ingress to and egress from the auxiliary facilities, for the continued existence and
maintenance of any encroachments, including replacements thereof and substitutions
therefore, by the "equipment" (as defined in said deed granting easements) outside the
"Equipment Easement" (as defined in said deed granting easements) which exist on the date
on which said deed granting easements is recorded in the Official Records of San Diego County,
California, and for all related purposes, and insofar as may be required for "grantee's" (as
defined in said deed granting easements) exercise of the rights set forth on its part in the
penultimate sentence of subsection 7.3 of the "Facilities Agreement" (as defined in said deed
granting easements), for operating, maintaining, replacing, renewing and repairing, and for all
related purposes, the auxiliary facilities, in, on, over, under, across, and through the auxiliary
facilities and the real property herein described.
15. A non-exclusive easement granted from San Diego gas and electric company, a California
Corporation, to Lloyds Bank California, a California Corporation, as trustee under the trust
agreement dated as of June 15, 1978, between Lloyds Bank California and Bamerilease, Inc., a
California Corporation, by and upon the terms of the deed granting easements dated August
22, 1978 and recorded August 24, 1978 as file/page no. 78-361766 of Official Records of San
Diego county, California, for ingress and egress, road purposes and the passage of vehicles and
pedestrians, and for all related purposes, together with the right to pave, landscape, construct,
reconstruct, repair, maintain and use the said, in, on, over, under, across and through the real
property herein described.
16. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Facilities Agreement
Dated: June 15, 1978
By and between: San Diego Gas & Electric Company, a California Corporation and
Lloyds Bank California, a California Corporation, as Trustee under
the Trust Agreement dated as of June 15, 1978, between Lloyds
Bank California and Bamerilease, Inc., a California Corporation
Recorded: August 24, 1978 as Instrument No. 78-361767 of Official Records
Reference is made to said document for full particulars.
Page 10
File No: 11923423
17. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Dated:
By and between:
Recorded:
Agreement
January 24, 1992
San Diego Gas & Electric Company, a Corporation and the City of
Carlsbad, a Municipal Corporation of the State of California
February 11, 1992 as Instrument No. 1992-0072559 of Official
Records
Reference is made to said document for full particulars.
18. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Reserved by:
Purpose:
Recorded:
Affects:
Atchison, Topeka and Santa Fe Railway Company, a Delaware
Corporation
providing rail freight service
December 15, 1992 as Instrument No. 1992-0802206; and
1992-802209, both of Official Records
said land more particularly described therein.
19. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded
October 9, 1995 as Instrument No. 1995-0453332 of Official Records.
Reference is made to said document for full particulars.
20. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to:
Purpose:
Recorded:
MCI Telecommunications Corporation, a Delaware Corporation
construct, install, operate, maintain, repair, reinstall, replace,
relocate and remove a fiber optic telecommunications system
November 3, 1997 as Instrument No. 1997-0550827 of Official
Records
The exact location and/or extent of said easement is not disclosed in the public records.
21. An easement for the
document
Granted to:
Purpose:
Recorded:
Affects:
purpose shown below and rights incidental thereto as set forth in a
West Development, Inc.
ingress, egress, underground utilities, landscaping, irrigation and
vehicular parking
April 1, 1999 as Instrument No. 1999-0217138 of Official Records
said land more particularly described therein.
Said easement was amended by an amended and restated easement grant deed and
agreement recorded May 7, 1999 as Instrument No. 1999-0313275 of Official Records.
22. The matters contained in a document entitled "Access Easement Agreement" by and between
San Diego Gas & Electric Company and West Development, Inc., a Nebraska Corporation
recorded April 1, 1999 as Instrument No. 1999-0217139 of Official Records.
Reference is made to said document for full particulars.
Said easement was amended by an assignment of easements
Recorded: May 21, 1999 as Instrument No. 1999-0347263 of Official Records
Page 11
File No; 11923423
23. The matters contained in a document entitled "Easement and Covenant Agreement" by and
between San Diego Gas & Electric Company and Cabrillo Power I LLC and Sanwa Bank recorded
May 21, 1999 as Instrument No. 1999-0347266 of Official Records.
Reference is made to said document for full particulars.
24. The matters contained in a document entitled "Easement and Covenant Agreement" by and
between San Diego Gas & Electric Company and Cabrillo Power I LLC, a Delaware limited
liability company recorded May 21, 1999 as Instrument No. 1999-0347267 of Official Records.
Reference is made to said document for full particulars.
25. The matters contained in a document entitled "Facilities Services Agreement" by and between
San Diego Gas & Electric Company and Cabrillo Power I LLC, a Delaware limited liability
company recorded May 21, 1999 as Instrument No. 1999-0347268 of Official Records.
Reference is made to said document for full particulars.
26. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a Record
of Survey
Record of Survey No. Record of Survey Map No. 16154
27. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a Record
of Survey
Record of Survey No. Record of Survey Map No. 17350
28. A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby.
Amount:
Dated:
Trustor:
Trustee:
Beneficiary:
Recorded:
Loan No.:
$ Not Set Out
July 8, 1999
Cabrillo Power I LLC, a Delaware limited liability company
Stewart Title Guaranty Company, a Texas Corporation
Bank of America, N.A., formerly Nationsbank, N.A., as Collateral
Agent
July 12, 1999 as Instrument No. 1999-0482050 of Official Records
Not Set Out
Affects the land described herein and other land.
An agreement to modify the terms and provisions of said deed of trust as therein provided
Recorded: August 3, 1999 as Instrument No. 1999-0536647 of Official
Records
Page 12
File No: 11923423
29. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein.
Lessor:
Lessee:
Disclosed by:
Recorded:
Cabrillo Power I, LLC, a Delaware limited liability company
Poseidon Resources LLC, a Delaware limited liability company
Short Form of Ground Lease and Easement Agreement
July 18, 2003 as Instrument No. 2003-0855354 of Official Records
The present ownership of the leasehold created by said lease and other matters affecting the
interest of the lessee are not shown herein.
30. The matters contained in a document entitled "Shell Fish Hold Harmless Agreement" by and
between Carlsbad Aquafarms Incorporated, a California Corporation and the City of Carlsbad, a
Municipal Corporation recorded August 12, 2003 as Instrument No. 2003-0969988 of Official
Records.
Reference is made to said document for full particulars.
31. The matters contained in a document entitled "Water Purchase Agreement" by and between
The Carlsbad Municipal Water District and Poseidon Resources (Channelside) LLC recorded
November 9, 2004 as Instrument No. 2004-1066286 of Official Records.
Reference is made to said document for full particulars.
32. Covenants, conditions and restrictions as set forth in the document
Recorded: June 27, 2005 as Instrument No. 2005-0538090 of Official Records
This exception omits any covenant, condition or restriction based on race, color, religion, sex,
handicap, familial status or national origin, unless and only to the extent that the covenant,
condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42
U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped
people.
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the
lien of any mortgage or deed of trust made in good faith and for value.
33. A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby.
Amount: $5,575,000.00
Dated: May 25, 2006
Trustor: Cabrillo Power I LLC, a Delaware limited liability company
Trustee: Chicago Title Company, a California Corporation
Beneficiary: Deutsche Bank Trust Company Americas
Recorded: November 15, 2006 as Instrument No. 2006-0811681 of Official
Records
Loan No.: Not Set Out
Affects the herein-described land and other land.
The effect of a full reconveyance recorded on April 15, 2010, as Instrument No. 2010-0185728,
of Official Records which purports to reconvey the above mentioned Deed of Trust.
No statement is made hereto as to the effect or validity of said reconveyance.
Page 13
File No: 11923423
34. A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby.
Amount: $5,575,000.00
Dated: May 25, 2006
Trustor: Cabrillo Power I LLC, a Delaware limited liability company
Trustee: Chicago Title Company
Beneficiary: Deutsche Bank Trust Company Americas
Recorded: November 15, 2006 as Instrument No. 2006-0811682 of Official
Records
Loan No.: Not Set Out
Affects the herein-described land and other land.
The effect of a full reconveyance recorded on April 15, 2010, as Instrument No. 2010-0185729,
of Official Records which purports to reconvey the above mentioned Deed of Trust.
No statement is made hereto as to the effect or validity of said reconveyance.
35. A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby.
Amount:
Dated:
Trustor:
Trustee:
Beneficiary:
Recorded:
Loan No.:
$5,575,000.00
November
Cabrillo Power I LLC, a Delaware limited liability company
Chicago Title Company
Deutsche Bank Trust Company Americas
December 12, 2006 as Instrument No. 2006-0879828 of Official
~oo~s ·
Not Set Out
Affects the herein-described land and other land.
The effect of a full reconveyance recorded on April 15, 2010, as Instrument No. 2010-0185730
of Official Records, which purports to reconvey the above mentioned Deed of Trust.
No statement is made hereto as to the effect or validity of said reconveyance.
36. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded
December 20, 2006 as Instrument No. 2006-0902694 of Official Records.
Reference is made to said document for full particulars.
37. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded
December 20, 2006 as Instrument No. 2006-0902695 of Official Records.
Reference is made to said document for full particulars.
38. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded
April 9, 2009 as Instrument No. 2009-0180835 of Official Records.
Reference is made to said document for full particulars.
Page 14
File No: 11923423
39. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein.
Lessor:
Lessee:
Disclosed by:
Recorded:
Cabrillo Power I, LLC, a Delaware limited liability company
Poseidon Resources (Channelside) LLC, a Delaware limited liability
company
Short Form of Amended and Restated Ground Lease and Easement
Agreement
October 28, 2009 as Instrument No. 2009-0597945 of Official
Records
The present ownership of the leasehold created by said lease and other matters affecting the
interest of the lessee are not shown herein.
An agreement to amend or modify certain provisions of said lease, as set forth in the document
executed by
As Lessor:
As Lessee:
Recorded:
Cabrillo Power I, LLC, a Delaware limited liability company
Poseidon Resources (Channelside) LLC, a Delaware limited liability
company
April 15, 2010 as Instrument No. 2010-0185731 of Official Records
40. The matters contained in a document entitled "Deed and Lease Restriction" recorded October
28, 2009 as Instrument No. 2009-0597946 of Official Records.
Reference is made to said document for full particulars.
41. The matters contained · in a document entitled "Amended and Restated development
Agreement" by and between City of Carlsbad and Poseidon recorded October 30, 2009 as
Instrument No. 2009-0605539 of Official Records.
Reference is made to said document for full particulars.
42. Any interest of the person(s) shown below whose possible interest is disclosed by their
designation as "assessed owner(s)" of said land on the county secured tax rolls.
Name: San Diego Gas & Electric Company
43. Any adverse claim based upon the assertion that some portion of said land is tide or
submerged lands, or has been created by artificial means or has accreted to such portion so
created.
44. Any rights in favor of the public which may exist on said land if said land or portions thereof
are or were at any time used by the public.
45. Any rights, interests or claims which may exist or arise by reason of the following facts shown
by an inspection of said land:
(a) The fact that portions of said land are used by the public for beach and recreational
purposes.
Page 15
File No: 11923423
46. The description shown in this report is not to be relied upon as a legal insurable parcel. This
Company has provided said description only as an accommodation for the purpose of
facilitating this report.
A description, approved by the appropriate governing agency pursuant to the Subdivision Map
Act of the State of California, must be submitted to this Company for review prior to closing.
47. The fact that the public record does not disclose that the ownership of said land includes rights
of access to or from any public street. Notwithstanding the insuring clauses of the policy, the
Company does not insure against loss of damage by reason of a lack of a right of access to and
from the land.
48. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory
to this Company, or by inquiry of the parties in possession thereof.
49. Any rights, interests or claims of the parties in possession of said land, including but not limited
to those based on an unrecorded agreement, contract or lease.
This Company will require that a full copy of any unrecorded agreement, contract or lease be
submitted to us, together with all supplements, assignments and amendments, before any
policy of title insurance will be issued.
50. Any easements not disclosed by those public records which impart constructive notice and
which are not visible and apparent from an inspection of the surface of said land.
51. 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.
END OF SCHEDULE B EXCEPTIONS
PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH
FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION
Page 16
File No: 11923423
REQUIREMENTS SECTION:
REQ NO.1: The Company will require that it be provided with the following with respect to the
limited liability company named below:
A. A current copy of the formation document certified by the appropriate state official;
B. A copy of the LLC Agreement and any amendments thereto; and
C. A certified copy of form LLC-5, if the form has been filed with the California Secretary of
State.
Limited Liability Company: Cabrillo Power I LLC, a Delaware limited liability company
REQ NO.2: Information in possession of the Company indicates that a division of land, as
defined in Government Code Section 66424, is contemplated in the current transaction, or has
been divided from a previously existing parcel of land, and involves the land described in this
report. Such division of land or contemplated division of land, would appear to fall within the
purview of the Subdivision Map Act (commending with Government Code Section 66410), and as a
prerequisite to the issuance of any title insurance at least one of the following requirements must
be accomplished to the Company's satisfaction:
(A) That a Final (Tract) Map has been recorded in compliance with the Subdivision Map Act and
related ordinances;
(B) That a Parcel Map has been recorded in compliance with the Subdivision Map Act and
related ordinances; or
(C) That a Certificate of Compliance as provided for in the Subdivision Map Act has been
recorded; or that other satisfactory evidence indicating compliance of nonviolation be
furnished.
Page 17
File No: 11923423
INFORMATIONAL NOTES SECTION
NOTE NO. 1: The information on the attached plat is provided for your convenience as a guide to
the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a
part of any policy, report or guarantee to which it may be attached.
NOTE NO. 2: California insurance code section 12413.1 regulates the disbursement of escrow
and sub-escrow funds by title companies. The law requires that funds be deposited in the title
company escrow account and available for withdrawal prior to disbursement. Funds deposited with
the company by wire transfer may be disbursed upon receipt. Funds deposited with the company
via cashier's check or teller's check drawn on a California based bank may be disbursed on the next
business day after the day of deposit. If funds are deposited with the company by other methods,
recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the
company will be deposited with other escrow funds in one or more non-interest bearing escrow
accounts of the company in a financial institution selected by the company. The company may
receive certain direct or indirect benefits from the financial institution by reason of the deposit of
such funds or the maintenance of such accounts with such financial institution, and the company
shall have no obligation to account to the depositing party in any manner for the value of, or to pay
to such party, any benefit received by the company. Those benefits may include, without limitation,
credits allowed by such financial institution on loans to the company or its parent company and
earnings on investments made with the proceeds of such loans, accounting, reporting and other
services and products of such financial institution. Such benefits shall be deemed additional
compensation of the company for its services in connection with the escrow or sub-escrow.
WIRING INSTRUCTIONS FOR THIS OFFICE ARE:
Comerica Bank
2321 Rosecrans Avenue, 5th Floor
El Segundo, CA 90245-4903
Phone: (800) 376-0430
ABA #121-137-522
Credit To: Lawyers Title Company -Orange County
Account #1891986547
RE: 11923423 903 -CMC
PLEASE INDICATE LAWYERS TITLE COMPANY ESCROW OR TITLE ORDER NUMBER
NOTE NO. 3: The charges which the company will make for next day messenger services (i.e.
Federal Express, UPS, OHL, Airborne, Express mail, etc.) Are $15.00 per letter, standard overnight
service, and $25.00 for larger size packages and/or priority delivery services. Such charges
include the cost of such messenger service and the company's expenses for arranging such
messenger service and its overhead and profit. Special messenger services will be billed at the
cost of such services. There will be no additional charge for pick-up or delivery of packages via the
company's regularly scheduled messenger runs.
Page 18
File No: 11923423
NOTE NO. 4 THIS COMPANY REQUIRES CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING.
If the demand is expired and a current demand cannot be obtained, our requirements will be as
follows:
(a) If this Company accepts a verbal update on the demand, we may hold an amount equal to
one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may
have stipulated.
(b) If this Company cannot obtain a verbal update on the demand, we will either pay off the
expired demand, or wait for the amended demand, at our discretion.
(c) All payoff figures are verified at closing. If the customer's last payment was made within 15
days of closing, our Payoff Department may hold one month's payment to insure check has cleared
the bank (unless a copy of the cancelled check is provided, in which case there will be no hold).
Typist: rh3
Date Typed: April 23, 2010
Page 19
Exhibit B (Revised 11-17-06)
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 or zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the
character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership
or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or 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
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.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors'
rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection
of the land or which may be asserted by persons in possession thereof.
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.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/22/03)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws
and regulations concerning:
a. building
b. zoning
c. Land use
d. improvements on the Land
e. Land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in
the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
File No: 11923423
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.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a 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.
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 14:
Covered Risk 15:
Covered Risk 16:
Covered Risk 18:
Your Deductible Amount Our Maximum Dollar
Limit of Liability
1% of Policy Amount or $2,500 $10,000
(whichever is less)
1% of Policy Amount or $5,000 $25,000
(whichever is less)
1% of Policy Amount or $5,000 $25,000
(whichever is less)
1% of Policy Amount or $2,500 $5,000
(whichever is less)
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:
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 happ~ned prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered
Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in Item 3 of Schedule A
OR
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or 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
File No: 11923423
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 c;laimant;
(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 tt,e 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 General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
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.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. (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 of land; 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.
File No: 11923423
(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 11(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.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from 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 herealter 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
File No: 11923423
(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 General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
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.
2006 ALTA 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:
1. (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 of land; 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.
(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 9 and 10); 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:
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.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records.
File No: 11923423
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:
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 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 s
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 at 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 or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8,
16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured
Mortgage.
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.
~ ft La~ers Title ~Q INSURANCE CORPORATION
Lawyers Title
4100 Newport Place Drive
Suite 120
Newport Beach, CA 92660
Phone: (949) 724-3170
File No. 11923423
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 filed rate. As such, your transaction may
not qualify for the below discounts.
You are encouraged to discuss the applicability of one or more of the below
discounts with a Company representative. These discounts are generally
described below; consult the rate manual for a full description of the terms,
conditions and requirements for such discount. These discounts only apply to
transactions involving services rendered by the FNF Family of Companies.
This notice only applies to transactions involving property improved with a
one-to-four family residential dwelling.
FNF Underwritten Title Company
LTC -Lawyers Title Company
Available Discounts
FNF Underwriter
LTIC -Lawyers Title Insurance
Corp.
FEE REDUCTION SETTLEMENT PROGRAM {LTC and LTIC)
Eligible customers shall receive a $20.00 reduction in their title and/or
escrow fees charged by the Company for each eligible transaction in
accordance with the terms of the Final Judgments entered in The People of
the State of California.
DISASTER LOANS {LTIC)
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.
EMPLOYEE RATE (LTC and LTIC)
No charge shall be made to employees (including employees on approved
retirement) of the Company or its underwritten, subsidiary or affiliated title
companies for policies or escrow services in connection with financing,
refinancing, sale or purchase of the employees' bona fide home property.
Waiver of such charges is authorized only in connection with those costs
which the employee would be obligated to pay, by established custom, as a
party to the transaction.
LTC Discount Notice Mod. 1/10/2010
CA Discount Notice Page 2 Effective Date: 9/3/2009
Project Description: --Note: This project's CEQA document was sent to the State Clearinghouse (SCH #2010081053) for a 30-day public review period,
which ended on September 15, 2010. The project description has not changed only additional information has been analyzed and
clarifying information added in the CEQA document.
The proposed project involves the installation of a sewer trunk line (3,960-foot long force main and a 8,420-foot long gravity sewer
line), a sewer lift station (50 million gallons/day capacity,) and a sewer support bridge (140-foot weathered steel span) improvements
on the Vista/Carlsbad Sewer Interceptor System, segments VCI 1, VC12, VC13, VC14, and VC151• The proposed project extends a
total distance of approximately 12,380 linear feet (2.35 miles) in a north-south direction located in coastal Carlsbad from the Agua
Hedionda Lagoon to the Encina Water Pollution Control Facility. The project also proposes a number of associated improvements in
the same work area, including installation of a recycled water line, replacement of a potable water line, demolition of an existing
sewer lift station and concrete overflow basin, demolition of the wood trestle for the existing sewer line and the option of relocating a
section of an existing high pressure gas transmission line from its existing trestle bridge (and removal of the bridge) to the new sewer
bridge.
1 Reference segments from City of Carlsbad Sewer Master Plan, March 2003.
~e La~ers Title ~Q INSURANCE CORPORATION
"Notice to Customers"
Lawyers Title
4100 Newport Place Drive
Suite 120
Newport Beach, CA 92660
Phone: (949) 724-3170
Order No: 11923423
(Involves Residential Real Property in California ONLY)
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 no have to do anything; the Company will provide the discount, provided you are paying for
escrow or title services in this transaction.
If your previous transaction involved property different from the property that is subject of your
current transaction, you must -prior to the close of the current transaction -inform the Company of
the earlier transaction, provide the address of the property involved in the previous transaction, and
the date or approximate date that the escrow closed to be eligible for the discount.
Unless you inform the Company if the prior transaction on property that is not the subject of this
transaction, the Company has no obligation to conduct an investigation to determine if you qualify for
a discount. If you provide the Company information concerning a prior transaction, the Company is
required to determine if you quality for a discount which is subject to other terms and conditions. ·
Name:
Address:
Telephone No:
, IJt L~ers Title ~t INSURANCE CORPORATION
"Notice to Customers"
Lawyers Title
4100 Newport Place Drive
Suite 120
Newport Beach, CA 92660
Phone: (949) 724-3170
Order No: 11923423
(Involves Residential Real Property in California ONLY)
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 no have to do anything; the Company will provide the discount, provided you are paying for
escrow or title services in this transaction.
If your previous transaction involved property different from the property that is subject of your
current transaction, you must -prior to the close of the current transaction -inform the Company of
the earlier transaction, provide the address of the property involved in the previous transaction, and
the date or approximate date that the escrow closed to be eligible for the discount.
Unless you inform the Company if the prior transaction on property that is not the subject of this
transaction, the Company has no obligation to conduct an investigation to determine if you qualify for
a discount. If you provide the Company information concerning a prior transaction, the Company is
required to determine if you quality for a discount which is subject to other terms and conditions.
Name:
Address:
Telephone No:
SDNR (FORMERLY
ATCHISON, TOPEKA &
EXHIBIT "B"
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1:2222 INDICATES EASEMENT AREA
SAN DIEGUITO ENGINEERING, INC.
4407 MANCHESTER. SUITE 105
ENCINITAS, CA. 92024
PHONE: (760) 753-5525
CIVIL ENGINEERING • PLANNING
LAND SURVEYING
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SCALE: 1" ~ 200' ~ 0 2001 400'
IVJ2 INDICATES EASEMENT AREA
SAN DIEGUITO ENGINEERING, INC.
4407 MANCHESTER, SUITE 105
ENCINITAS, CA. 92024
PHONE: (760) 753-5525
CIVIL ENGINEERING • PLANNING
LAND SURVEYING
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L12. N40'47'01' W 63.50
L13 S30'30 59 W 34.90
L14 S61'52'54"W 14.22'
PARCEL3
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CA Discount Notice Page 2 Effective Date: 9/3/2009
State Clearinghouse CEQA Database -• CEQA Daily Log
Documents Received during the Period: 12/01/2011 -12/15/2011
SCH
Number
Title/
Lead Agency /
City--County I
Description
Documents Received on Friday, December 09, 2011
2011121029
2006112060
2009122004
2010081053
Millennial Tech Middle School -Three-Story Classroom Buiding Project
San Diego Unified School District
--San Diego
The San Diego Unified School District proposes to construct an approximately
24,000 sf, three-story classroom building within the Millennial Tech Middle School
campus boundary to replace the existing temporary 11 relocatable classroom
buildings currently located on the school campus. The new building will include 14
general-purpose classrooms and four science classrooms. In addition, the
building will house locker rooms, three collaboration rooms for staff use, and a
three-stop elevator. The existing enrollment at Millennial Tech Middle School is
approximately 560 students. The construction of the proposed new three-story
classroom building is estimated to increase the school's enrollment by
approximately 273 students, for a total enrollment of 833 students.
Rocklin 60
Rocklin, City of
Rocklin--Placer
The 60-acre Rocklin 60 Residential Project is currently proposed to include the
construction of 169 residential dwellings. The current project will consist of mass
grading, trenching, installing utilities, paving, and construction residential
structures. Additional elements of the project include electrical, water, and sewer
systems, establishing an 8.26-acre "open space area" within the project site under
a perpetual conservation easement, and a 2.8-acre oak tree preserve within the
project site.
Cosumnes River College -Elk Grove/Laguna Education Center
Los Rios Community College District
Elk Grove--Sacramento
The 20-acre Cosumnes River College Elk Grove Center Site Project consists of
three phases. Each phase will accommodate approximately 500 students and 20
faculty members, for a total of 1,500 students and 60 faculty members when
completed in 2019. Phase I includes the construction of classrooms, computer
labs, faculty offices, a library, and parking facilities. Phases II and Ill will include
the construction of additional campus building structures. The total campus
structures will be approximately 47,000 square feet.
Agua Hendionda Sewer Lift Station & Gravity & Force Mains, and Gravity Sewer
Replacement
Carlsbad, City of
Carlsbad--San Diego
This's project's CEQA document was first sent to the State Clearinghouse (SCH
#2010081053) for a 30-day public review period, which ended on September 15,
2010. Since then, staff completed additional analysis of the MND/MMRP. As a
result, additional mitigation measures were added or amended from the previously
circulated EIA Part 2 document and incorporated into the Conditions of Approval in
order to reduce identified environmental impacts to a level of insignificance.
Document
Type
Neg
NOD
NOD
NOD
2011091030 McBean Regional Transit Center Expansion and Park and Ride NOD
Santa Clarita, City of
Santa Clarita--Los Angeles
This is a request by the City of Santa Clarita for the approval of a CUP and Oak
Tree Permit to expand the existing transit station by 5 bus bays, and to construct a
285 space park and ride lot. The total project site is 7.3 acres with the parking and
ride lot and bus pad expansion occurring on two vacant parcels having a total of
Page 48
Ending
Date
01/09/2012
Reviewin A encies Checklist
Resources Agency
__ Boating & Waterways
_X __ Coastal Commission (San Diego)
__ Coastal Conservancy
__ Colorado River Board
__ Conservation, Dept. of
_X __ Fish & Game
__ Forestry & Fire Protection
__ Office of Historic Preservation
__ Parks & Recreation
__ Reclamation Board
__ S.F. Bay Conservation & Development Commission
__ Water Resources (DWR)
Business, Transportation & Housing
__ Aeronautics
__ California Highway Patrol
_x __ CALTRANS District "'-#~11'---------
__ Department of Transportation Planning (headquarters)
__ Housing & Community Development
__ Food & Agriculture
Health & Welfare
__ Health Services __________ _
State & Consumer Services
__ General Services
__ OLA (Schools)
Public Review Period (to be filled in by lead agency)
Starting Date ~~JI
Signature ~ ~
Lead Agency (Complete if applicable):
Form A continued -KEY S = Document sent by lead agency
X = Document sent by SCH
3= Suggested distribution
Environmental Protection Agency
___ ·_.Air Resources Board
___ California Waste Management Board
___ SWRCB: Clean Water Grants
___ SWRCB: Delta Unit
___ SWRCB: Water Quality
___ SWRCB: Water Rights
"-'X'---__ Regional WQCB '-'-#"--9 _,(-=S=an'-'---=D_,_ie=..;g=o_,_) ______ _
Youth & Adult Corrections
___ Corrections
Independent Commissions & Offices
___ Energy Commission
"-'X'---__ Native American Heritage Commission
___ Public Utilities Commission
___ Santa Monica Mountains Conservancy
___ State Lands Commission
___ Tahoe Regional Planning Agency
X Other U.S. Fish and Wildlife Service and Agua
Hedionda Lagoon Foundation
Ending Date O ~J;;J.,ij,90 l/
Date 7-L 9-1/
For SCH Use Only:
Consulting Firm: .._P...,la=nn=in:.z:g,_,S""'y'""s""te=m...,,s"-----------
Address: 1530 Faraday Avenue
City/State/Zip: Carlsbad, CA 92008
Contact:_ Paul Klukas
Phone: (760) 931-0780 ext. 104
Applicant: City of Carlsbad
Address: 1635 Faraday Avenue
City/State/Zip: Carlsbad CA 92008
Phone: (760) 602-4644
Date Received at SCH __________ _
Date Review Starts: ___________ _
Date to Agencies ____________ _
Date to SCH _____________ _
Clearance Date ____________ _
Notes:
NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project ( e.g. from a Notice of
Preparation or previous draft document) please fill it in. January 2008