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HomeMy WebLinkAboutPRE 2018-0020; LANAI LAGOON HOMES; Preliminary Review (PRE)' .. CITY OF CARLSBAD APPLICATION FORM FOR PRELIMINARY REVIEW APPLICATION CfTY USE ONLY Project Number: r(lf.~\b .,. 00'1.-() Development Number: 1 PROJECT NAME: Lanai lngoon Hom ::» Assessor's Parcel Number{s): 156-351-01-00 Description of propo&al (add attachment if necess.ry): Subdivide an existing parcel into (3} separate single family home lots and construct (3) new single family homes. I Would you like to orally present your proposal to your asstgncd suff.planner/enginffer? f • ' , Yes D 0 Please 11st the staff members you havo provlousty spoken to regarding this proje-cl If none~ pJease so state. None No X ()WNt:R NAME (Pmt): .-.. .. ir.c:x:,L&ctJi tr\QOf' 11 IL ft .. Ill ,,..,.£ APPLICANT NA (P(inO KMJ Real Estate -Kirk Moelle1 MA ING ADDRESS· 1,.J'l{f $,It othel/1:' CITY STATC.,LIP ,(&er,ucad 01" ?11 'ft TELEPHONE: cs~ 12 , 1= r , f' fl 6 EMAIL ADDRESS /lat~ azP Qf N<d, ti.I/Ok, o ,+ I ·Owner's signature lndlcatN penni"ion lo cordJct 1 ,11 preliminary rwfew for a development proposill. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT All TI IC ABOVE INFORMATION IS TRUC AND COHm:C T r O THE BEST OF MY KNOWLLDG ~J/;, u1ie'? cf /:,11-/ft J lf € MAILING ADDRESS· 1446 Front St. Suite 130 CITY. STATE. ZIP: San Diego, CA 92101 TELEPHONE: 760-803-8006 EMAJL ADDRESS· kir1<@maaarchitects.com I CtRTlf Y lHAt I AM IH( ltOAL RE::PRtStN"tAllVE Of 11-d: ~ER AND THAT All THE ABOVE INFORMATION JS TRUE AND C ECT TO THE BEST OF MY KNOWLEDGE. 5-30-18 ---SIGNATURE OATC 1 APPUCANrS Rl PRl Sf:NTATIVE (Print}: MAA Arctutects· Kirk Moeller I MAILING ADDRESS: CITY, SIAfE, ZIP TELEPIIONl EMAIL ADDRESS· 2173 Salk Ave Swte 250 Ca~sbad. CA 92008 760-803-8006 kirk@maaarchitects.com I CEHTlt-Y f HAr I AH. THE LEGAL REPRESENTATIVE OF THE APPLICANT ANO THAT ALL THE ABOVE INFORMATION 1$ n~ut:-AN[) COR~ ThE BEST OF MY KNOWltOGE. ~ 5-30-18 SIGP(ATURE DA TE IN THE PROCESS Of REVIEWING THIS APPLICATION IT MAY BC NC:CCSSARY roR MCMOCRS or CITY STAff TO INSPCCT AND ENTER THE PROPERTY THAT IS Tl re SUflJI CT Of n-us APPLICATION. I/I/VE CONSENT TO FNTRY FOR THIS PURPOSE. _,...Cd~..-L~"J L. IIAJ ();h J.lf f' P~ER~R SIGNATURE FEE REQUIRED/DATE FEE PAID cf4:1 SI er' RECElVEO BY ___ cl~ -- P-14 Page 3 Of 3 RECE1 · r-o MAY 2 6 2018 CITY C.Jf· CARL 1AD PLANNING DI\! )N RevlMCJOT/17 , .. , CITY OF CARLSBAD APPLICATION FORM FOR PRELIMINARY REVIEW APPLICATION CITY USE ONLY Project Number: Development Number: PROJECT NAME: Lanai Lagoon Homes Assessor's Parcel Number(s): 156-351-01-00 Description of proposal (add attachment if necessary): Subdivide an existing parcel into (3) separate single family home lots and construct (3) new single family homes. Would you like to orally present your proposal to your assigned staff planner/engineer? Yes D No X D Please list the staff members you have prevlously spoken to regarding this project. If none, please so state. None OWNER NAME (Print): Carole Siegel Laughlin, Trustee of the John M. Siegel and Renee APPLICANT NAME (Print): KMJ Real Estate -Kirk Moeller MAILING ADDRESS: Siegel Declaration of Trust and the John M. Siegel Bypass Trust MAILING ADDRESS: 1446 Front St. Suite 130 CITY, STATE, ZIP: CITY, STATE, ZIP: San Diego, CA 92101 TELEPHONE: TELEPHONE: 760-803-8006 EMAIL ADDRESS: EMAIL ADDRESS: kirk@maaarchitects.com *Owner"• signature lndlcatsa pennlsslon to conduct a preliminary review for a development proposal. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE OF MY KNOWLEDGE. AND CORRECT TO THE BEST OF MY KNOWLEDGE. 5-30-18 SIGNATURE DATE SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): MAA Architects-Kirk Moeller MAILING ADDRESS: 2173 Salk Ave. Suite 250 CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: 760-803-8006 EMAIL ADDRESS: kirk@maaarchitects.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 5-30-18 SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. PROPERTY OWNER SIGNATURE FEE REQUIRED/DATE FEE PAID: RECEIVED BY: P-14 Page 3of3 Revised 07117 PRELIMINARY REVIEW CHECKLIST Staff would like to know what information you primarily want from this review. With this known, we can focus most of our attention on researching and answering your main questions(s). Please check the one or two boxes below which best describes the information you would like us to concentrate on, and/or check the box marked "other" and tell us in your own words what information you would like from us. IXJ SITE DESIGN: Focus is on reviewing issues such as development standards (setbacks, building height, etc.), hillside compliance, landscaping, signage, open space requirements, and other physical aspects of zoning. Plans adequately illustrating these features are needed for review. IXJ LAND USE: Focus is on determining the compatibility of the proposed land use with the existing general plan and zoning designations, determining whether staff could support a general plan amendment or zone change, and determining compatibility of the proposed land use with surrounding land uses. IXJ ARCHITECTURE: Focus is on establishing quality architecture and checking its compatibility with the surrounding area and against any applicable guidelines or plans. Building elevations or other architectural information are needed for review. [ZI ZONING INTERPRETATIONS: Focus is on interpreting any aspects of the zoning ordinance. [XI LAND DEVELOPMENT ENGINEERING STANDARDS: Focus is on reviewing all engineering-related issues, such as grading, drainage, Best Management Practices for Storm Water Pollution Control, circulation and traffic, street vacations, easements, subdivisions, etc. Ix] OTHER: In the space below, please list any other issues you would like us to review. The information we primarily are looking to acquire is as follows: 1. Information on how the portion of property containing the OS zoning designation is handled. Will we need to enter into a maintenance agreement with the City. If so, what are the parameters. Also, are we able to perform standard weed abatement practices in this area. Are there specific weed abatement restrictions. 2. What specific studies will be required? Acoustic, Phase I, Biology, Cultural Resources? 3. We are currently working with Caltrans to acquire information regarding the proposed site drainage location. Does the City have specific feedback on the proposed location shown in the submitted concept plans? 4. We are currently working with SDG&E to understand the process to quit claim/ relocate the easements shown in the attached easement document. Does the City have any comments they would like to make regarding easements. 5. Is the proposed 20' wide drive aisle sufficient for fire access and is the proposed fire truck turn around size appropriately. If not please provide specific size information. Additionally, will the site require a new on site fire hydrant? 6. Are there any specific setbacks from the lagoon that need to be incorporated into the plan and are the proposed lot setbacks in accordance with current code? P-14 Page 2 of 3 Revised 07/17 Scale 1 inch = 83.66 feet APN: 156-351-01-00 PO TCT 2 ..r. a••.Ja'w. 14C.. IO © 0 .95 AC: 60 <1-'l.f.2 ., "" 'II .. .. ... , ., .. ' ~ .. 0 . .. ~ 60 .r. •~•.5.s'4s• /6.IJ1.t !IC 0 ~ ~ LI') ~ N :I Q. '1 il! ~ 60 12 ___ ... ® -s,~ ®~ ~ ::-. @1 @ ~ :;, @) ~ ::, !!l !!l el SEE DETAIL LANAI CT (PRIVATE ST) AD ~ ION "a ~ ~ Legend D Property In Question -Fee Item No. 3 -Easement for Utilities r-7 In 12/23/1940 Bk1101 Pg480 of Official Records L___J The exact location of the easement cannot be determined and is not plottable Item No. 4 -Easement for Drainage structures & Embankment slopes c:J In 02/05/1941 Bk1135 Pg75 of Official Records The exact location of the easement cannot be determined and is not plottable Item No. 5 -Easement for Public Utilities, Ingress & Egress ····-In 07/21/1947 Bk2462 Pg12 of Official Records Affects said portion as described in the document (Centerline of Undisclosed Width Strip) Item No. 7 -Easement for Public Utilities, Ingress & Egress ••••••• In 11/03/1949 Bk3374 Pg250 of Official Records Affects said portion as described in the document (Centerline of Undisclosed Width Strip) 5JJO 60 ~@ ~ ~ ~ @) ® ® lS :is ~ !!l " ~ ~ Item No. 8 -Relinquishment of Access ••••••• In 11/27/1951 Bk4302 Pg242 of Official Records Affects said portion as described in the document Item No. 9 -Easement for Public Utilities, Ingress & l'7'n Egress ~ In 07/23/1952 Bk4535 Pg149 of Official Records Affects said portion as described in the document Item No. 10 -Relinquishment of Access --In 01/15/1968 Inst# 1968-7229 of Official Records Affects said portion as described in the document Item No. 13 -Easement for Utilities D In 11/17/2017 Inst# 2017-0537916 of Official Records The exact location of the easement cannot be determined and is not plottable " Fldellty National Title Company Tltle Order No.: 00109220, Preliminary Rapon Dated May 7, 2011 Drawing Doto : 05/21/2011 • FNFI 7666 Minion Valley Road, #100 Refer.net:: ASHHO(I Pan;al No.: 151-351-CU)0 San Diego, CA 92108 (619) 726-2100 Fax(619) 297-2213 Property: Vacant Land locatlld In, Carlsbad, CA Doto: 11tft • ..,.,,. ..,,.,, fumlfllted•.,. •din toe.In, IN ,,.,.,n _ __,,_,n ,._, .. ,o -nlng-_,_ Plot Showing : A PORTION OF LAND IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA Md ot1tw 1-wl, MIi,. not• aurw,, ot .._ atG d9plttN. Ex"9Pt ,o Sheet :,:,:,;::z:,::~,:.. ~-:,:::::,,., 1 of 1 daclMefl, lotafon Of~-. ac,_,. orollter .. ..,.. aho .. rMlt. ~· • Fidelity National Title Company 7565 Mission Valley Road, #100, San Diego, CA 92108 Phone: (619) 725-2100 • Fax: (619) 297-2213 ' Issuing Policies of Fidelity National Title Insurance Company Title Officer: Kevin McCalley Phone: (619) 725-2112 Fax: (619) 297-2213 Email: sdunit4@fnf.com FNT San Diego Residential CRRAR 2365 Northside Drive, Suite 600 San Diego, CA 92108 ATTN: CRRAR Account -OAC YOUR REF: PROPERTY: Vacant Land located in, Carlsbad, CA PRELIMINARY REPORT ORDER NO.: 00109220-008-TR-KM4 LOAN NO.: In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner 's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a Florida Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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, de/eels and encumbrances affecting title to the land. ~~ Authorized Signature CLTA Preliminary Report Form-Modified (11/17/06) Page 1 • r Fidelity National Title Company 7565 Mission Valley Road, #100, San Diego, CA 92108 Phone: (619) 725-2100 • Fax: (619) 297-2213 PRELIMINARY REPORT EFFECTIVE DATE: May 7, 2018 at 7:30 a.m. ORDER NO.: 00109220-008-TR-KM4 The fonn of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Policy of Title Insurance (4-8-14) I. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: John M. Siegel, Trustee, John M. Siegel and Renee Siegel Declaration of Trust Dated August 12, 1976, wherein John M. Siegel and Renee Siegel are The Trustors, or any Successor Trustee Thereunder, Subject to item No. 11 and 14 in Schedule B 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form-Modified (11/17/06) Page 2 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT A LEGAL DESCRIPTION Fidelity National Title Company ORDER NO.: 00109220-008-TR-KM4 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF TRACT NO. 2 OF LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID TRACT NO. 2, DISTANT THEREON NORTH 0° 02' WEST, 380.00 FEET FROM THE POINT OF INTERSECTION OF THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE OF THE CENTER LINE OF THE COUNTY ROAD, AS SAID ROAD IS SHOWN ON SAID MAP NO. FLU, SAID POINT OF BEGINNING BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER 27, 1951 IN BOOK 4302, PAGE 242, OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID STATE OF CALIFORNIA LAND AS FOLLOWS: NORTH 33° 50' 29" WEST, 300.39 FEET; NORTH 28° 31' 16" WEST 151.34 FEET; NORTH 36° 36' 38" WEST, 68.45 FEET; THENCE NORTH 0° 03' 21" WEST, 72.62 FEET TO A POINT IN THE SOUTHERLY LINE OF THE COUNTY ROAD SURVEY NO. 843, FILED IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE NORTH 0° 03' 21" WEST, 32.74 FEET, MORE OR LESS, TO A POINT IN THE CENTER LINE OF SAID COUNTY ROAD; THENCE EASTERLY LEAVING SAID STATE OF CALIFORNIA LAND AND ALONG SAID CENTER LINE TO THE EASTERLY LINE OF SAID TRACT NO. 2; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF TRACT 2 OF LAGUNA MESA TRACTS, ACCORDING TO MAP THEREOF NO. 1719, LYING WESTERLY AND NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF TRACT 7 OF SAID LAGUNA MESA TRACTS AS SHOWN ON SAID MAP NO. 1719, DISTANT ALONG SAID SOUTHERLY LINE NORTH 89° 25' 51" WEST, 309.05 FEET FROM THE SOUTHEAST CORNER OF SAID TRACT 7; THENCE ())NORTH 37° 42' 51" WEST, 256.85 FEET; THENCE (2) NORTH 34° 26' 53" WEST, 711.99 FEET; THENCE (3) NORTH 45° 08' 48" EAST, 31.23 FEET; THENCE (4) NORTH 53° 50' 40" EAST, 115.93 FEET; THENCE (5) NORTH 39° 07' 41" EAST, 128.60 FEET TO THE SOUTHERLY LINE OF COUNTY ROAD SURVEY NO. 843, IN FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY; THENCE (6) NORTH 23° 03' 34" WEST, 30.00 FEET TO A POINT ON THE CENTER LINE OF SAIL) ROAD SURVEY NO. 843, DISTANT ALONG LAST SAID CENTER LINE SOUTH 66° 56' 26" WEST, 28.07 FEET FROM THE INTERSECTION OF SAID CENTER LINE WITH THE EASTERLY LINE OF SAID TRACT 2. APN: 156-351-01-00 CL TA Preliminary Report Form -Modified ( 1 1/17 /06) Page 3 r PRELIMINARY REPORT YOUR REFERENCE: Fidelity National Title Company ORDER NO.: 00109220-008-TR-KM4 EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: I. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2018-2019. 2. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. Note: If said supplementals (if any) are not posted prior to the date of closing, this company assumes no liability for payment thereof. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document: Granted To: Purpose: Recording Date: Recording No: Affects: WM. G. KerckhoffCompany Utilities December 23, 1940 Book 1101, Page 480, Official Records Said land The exact location and extent of said easement is not disclosed of record. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document: Granted To: Purpose: Recording Date: Recording No: Affects: County of San Diego Drainage structures and embankment slopes February 5, 1941 Book 1135, Page 75, Official Records Said land The exact location and extent of said easement is not disclosed of record. 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document: Granted To: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company Public utilities, ingress and egress July 21, 1947 Book 2462, Page 12, Official Records The route thereof affects a portion of said land and is more fully described in said document. 6. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: November 3, 1947 Recording No: Book 2489, Page 428, Official Records 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. CLTA Preliminary Report Form-Modified (l l/17/06) Page 4 PRELIMINARY REPORT YOUR REFERENCE: r , EXCEPTIONS (Continued) Fidelity National Title Company ORDER NO.: 00109220-008-TR-KM4 7. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document: Granted To: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company Public utilities, ingress and egress November 3, 1949 Book 3374, Page 250, Official Records The route thereof affects a portion of said land and is more fully described in said document. 8. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by the document, Recording Date: Recording No.: Affects: November 27, I 951 Book 4302, Page 242, Official Records State Highway Xi-SD-2-B 9. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document: Granted To: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company Public utilities, ingress and egress July 23, I 952 Book 4535, Page 149, Official Records The route thereof affects a portion of said land and is more fully described in said document. I 0. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by the document, Recording Date: Recording No.: Affects: 11. A Deed: From: To: Dated: Recording Date: Recording No.: January 15, 1968 1968-7229, Official Records The Street or Highway Known as 11-SD-5, Abutting Said Land Carole Siegel Laughlin, Trustee of the John M. Siegel and Renee Siegel Declaration of Trust dated August 12, 1976 Carole Siegel Laughlin, Trustee of the John M. Siegel Bypass Trust, VITIA dated August 12, 1976, grantee, a fifty percent (50%) undivided interest December 9, 2015 January 5, 2016 2016-3142, Official Records In order to complete this report the Company Requires the following: Info Requested: Completed Statement of information and an Affidavit for an uninsured Deed, (Signed and Notarized by a Notary public different from the one who notarized the deed shown above) Party: Carole Siegel Laughlin, Trustee of the John M. Siegel and Renee Siegel Declaration of Trust dated August 12, 1976 The Company reserves the right to make additional requirements or add additional items or exceptions after review of the requested documentation. CLTA Preliminary Report Form-Modified (11/17106) Page 5 PRELIMINARY REPORT YOUR REFERENCE: r EXCEPTIONS (Continued) Fidelity National Title Company ORDER NO.: 00109220-008-TR-KM4 12. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No.: Easement Maintenance and Cost Sharing Agreement January 19, 2016 Shea Homes Limited Partnership, a California Limited Partnership and Carole Siegel Laughlin, Successor Trustee of the John M. Siegel and Renee Siegel Declaration of Trust dated August 12, 1976 February 11, 2016 2016-60897, Official Records Reference is hereby made to said document for full particulars 13. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Grant of Easement and Maintenance Agreement 11-03-17 Lanai Owners Association, a California nonprofit mutual benefit corporation and Carole Laughlin, Trustee of the John M. Siegel and Renee Siegel Declaration of Trust dated August 12, 1976 and the John M. Siegel Bypass Trust U/T/A dated August 12, 1976 November 17, 2017 2017-0537916 of Official Records The exact location and extent of said easement is not disclosed of record. Reference is hereby made to said document for full particulars. 14. This company will require a copy of the John M. Siegel and Renee Siegel Declaration of Trust Agreement and any amendments thereto, together with a written verification by all Trustees that the copy of the Trust and any amendments thereto is a true and correct copy, that it is in full force and affect and that it has not been revoked or terminated, at least I week prior to the close of escrow. 15. Please be advised that our search did not disclose any open Deeds of Trust ofrecord. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 16. If the Land is located within the area affected by a Geographic Targeting Order issued by FinCEN (California counties of Los Angeles, San Diego, San Francisco, Santa Clara and San Mateo), the buyer is a legal entity, and the sales price is $2,000,000.00 or greater, the Company must be supplied with a completed ALTA Information Collection Form ("!CF") and the IRS FinCEN 8300 Form, if necessary (attached hereto), completed and executed by the buyer, prior to the close of escrow. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Fonn -Modified (11/17/06) Page 6 PRELIMINARY REPORT YOUR REFERENCE: ( REQUIREMENTS SECTION Fidelity National Title Company ORDER NO.: 00109220-008-TR-KM4 I. In order to complete this report, the Company requires a Statement oflnformation to be completed by the following party(s), Party(s): All parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement oflnformation. NOTE: The Statement oflnformation is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. 2. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: KMJ Real estate. LLC a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) !fa domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e) Ifless than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF REQUIREMENTS CLTA Preliminary Report Form -Modified (11/17/06) Page? r • PRELIMINARY REPORT YOUR REFERENCE: Fidelity National Title Company ORDER NO.: 00109220-008-TR-KM4 INFORMATIONAL NOTES SECTION I. Note: This order was opened for Standard Coverage Only. If extended coverage will be required, Please notify this office at least 2 (two) Weeks prior to closing. This will allow us time to complete our examination and to make any additional requirements or obtain Management/Underwriting Approval. 2. Note: The name(s) of the proposed insured(s) furnished with this application for title insurance is/are: Name(s) furnished: KMJ Real Estate, LLC If these name(s) are incorrect, incomplete or misspelled, please notify the Company. 3. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 4. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 5. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration provision. Arbitrable matters may include, but are not limited to any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance Coverage. 6. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. 7. Note: Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd installment: Exemption: Land: Improvements: Code Area: Personal Property: 156-351-01-00 2017-2018 $230.57 $230.57 $0.00 $37,995.00 $0.00 09000 $0.00 8. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 9. Unless this company is in receipt of WRITTEN instructions authorizing a particular policy, Fidelity Title will AUTO MA TI CALLY issue the American Land Title Association Homeowner's Policy (02/03/10) for all qualifying residential 1-4 properties/transactions to insure the buyer at the close of escrow. 10. If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. CLTA Preliminary Report Fonn -Modified (I 1/17/06) Page 8 PRELIMINARY REPORT YOUR REFERENCE: r INFORMATIONAL NOTES (Continued) . Fidelity National Title Company ORDER NO.: 00I09220-008-TR-KM4 11. NOTE: Amended Civil Code Section 2941, which becomes effective on January I, 2002, sets the fee for the processing and recordation of the reconveyance of each Deed of Trust being paid off through this transaction at $45.00. The reconveyance fee must be clearly set forth in the Beneficiary's Payoff Demand Statement ("Demand"). In addition, an assignment or authorized release of that fee, from the Beneficiary to the Trustee ofrecord, must be included. An example of the required language is as follows: The Beneficiary identified above hereby assigns, releases or transfers to the Trustee ofrecord, the sum of $45.00, included herein as 'Reconveyance Fees', for the processing and recordation of the Reconveyance of the Deed of Trust securing the indebtedness covered hereby, and the escrow company or title company processing this pay-off is authorized to deduct the Reconveyance Fee from this Demand and forward said fee to the Trustee of record or the successor Trustee under the Trust Deed to be paid off in full. In the event that the reconveyance fee and the assignment, release or transfer are not included within the demand statement, then Fidelity National Title Insurance Company and its Underwritten Agent may decline to process the reconveyance and will be forced to return all documentation directly to the Beneficiary for compliance with the requirements of the revised statute. 12. Note: Part of the RESPA Rule to simplify and Improve the Process of Obtaining Mortgages and Reduce Consumer Settlement Costs requires the settlement agent to disclose the agent and underwriter split of title premiums, including endorsements as follows: Line I 107 is used to record the amount of the total title insurance premium, including endorsements, that is retained by the title agent. Fidelity National Title Company retains 88% of the total premium and endorsements. Line 1108 used to record the amount of the total title insurance premium, including endorsements, that is retained by the title underwriter. Fidelity National Title Insurance Company retains 12% of the total premium and endorsements. END OF INFORMATIONAL NOTES Kevin McCalley/kr CLTA Preliminary Report Form-Modified (11/17/06) Page9 , ::1w1 RE SAFE N I Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Wire Fraud Alert Federal Bureau of Investigation: http://www.fbi.gov Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 Internet Crime Complaint Center: http://www.ic3.gov Page 1 WIRE0016 (DSl Rev. 12/07/17) TM and© Fidelity National Financial, Inc. and/or an affiliate. All rights reserved r - FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal infonnation, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. Types of Information Collected We may collect two types of infonnation from you: Personal Information and Browsing Infonnation. Personal Infonnation. FNF may collect the following categories of Personal Information: • contact infonnation (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g., Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g., loan or bank account information); and • other personal information necessary to provide products or services to you. Browsing Information. FNF may automatically collect the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or mobile device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website How Personal Information is Collected We may collect Personal Information about you from: • information we receive from you on applications or other forms; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. How Browsing Information is Collected If you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything persona] about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "'cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Qther Sites. FNF Websites may contain links to other websites. FNF is not responsible for the privacy practices or the content of any of those other websites. We advise you to read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and third parties' products and services, jointly or independently. When Information Is Disclosed We may make discJosures of your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or FNF Privacy Statement (Elf. 5/1/2015) Last Updated May I, 2018 MISC02 I 9 (DSI Rev. 4/23/18) Copyright© 2018. Fidelity National Financial, Inc. All Rights Reserved Page I Order No. 00109220-008-TR-KM4 f ., • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety ofFNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otheiwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Infonnation and/or Browsing Infonnation to FNF, you expressly agree and consent to the use and/or transfer of the foregoing infonnation in connection with any of the above described proceedings. Please see "Choices With Your Information" to learn the disclosures you can restrict. Security of Your Information We maintain physical, electronic, and procedural safeguards to guard your Personal Infonnation. We limit access to nonpublic personal infonnation about you to employees who need to know that infonnation to do their job. When we provide Personal Information to others as discussed in this Privacy Notice, we expect that they process such infonnation in compliance with our Privacy Notice and in compliance with applicable privacy laws. Choices With Your Information If you do not want FNF to share your information with our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Infonnation with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Infonnation, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information and Browsing Infonnation with nonaffiliated third parties, except as permitted by California law. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89I01; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Infonnation and Browsing Information with nonaffi]iated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share information about your creditworthiness to our affiliates and will not disclose your personal infonnation, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vennont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen ( 13) without pennission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Infonnation or Browsing Infonnation to us, please note that we may transfer that infonnation outside of your country of residence for any of the purposes described in this Privacy Notice. By providing FNF with your Personal lnfonnation and/or Browsing Information, you consent to our collection, transfer, and use of such infonnation in accordance with this Privacy Notice. FNF Website Senrices for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer infonnation on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Infonnation do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Infonnation collected through the Service Websites, except (I) as required or authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good-faith belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent To This Privacy Notice; Notice Changes By submitting Personal Infonnation and/or Browsing Infonnation to FNF, you consent to the collection and use of the infonnation in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The revised Privacy Notice, showing the new revision date, will be posted on the FNF Website. Each time you provide infonnation to us following any amendment of this Privacy Notice, your provision of information to us wi11 signify your assent to and acceptance of the terms of the revised Privacy Notice for all previously collected information and infonnation FNF Privacy Statement (Eff. 5/1/2015) Last Updated May I, 2018 Copyright© 2018. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 4/23/18) Page 2 Order No. 00109220-008-TR-KM4 ,..., ...... ' .. col1ected from you in the future. We may use comments, infonnation or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal lnfonnation, or want to opt-out ofinfonnation sharing for affiliate marketing, send your requests via email to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: Fidelity National Financial, Inc. 60 I Riverside A venue Jacksonville, Florida 32204 Attn: Chief Privacy Officer FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 MISC02l9 (DSI Rev. 4/23/18) Copyright© 2018. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00109220-008-TR-KM4 , Notice of Available Discounts Pursuant to Section 2355.3 in Title IO of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions. a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company FNTC -Fidelity National Title Company FNTCCA-Fidelity National Title Company of California Available Discounts FNF Underwriter FNTIC -Fidelity National Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (FNTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (FNTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date ofa declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. CA Discount Notice Effective Date: 1-10-2010 ATTACHMENT ONE 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 wiU 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 c1aimant; (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 c1aims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disc1ose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) 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 those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 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 limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One (6-5-14) CA & NV ' ' - 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.e., 25, 26, 27 or 28. 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 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.000/o of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.000/o of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-0{j) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $ I0,000.00 $25,000.00 $25,000.00 $5,000.00 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 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 ofan 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 II (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 (Except as provided in Schedule B -Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One (6-5-14) CA & NV (PART! (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: 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 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: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision 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 IO); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (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 fo1lowing Exceptions from Coverage: I. (a) Taxes or assessments that are not shown as existing Hens by the records of any taxing authority that levies taxes or assessments on real property or by the Pub1ic 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 in the Pub1ic 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 that are not shown by the Pub1ic Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) Attachment One (6-5-14) CA & NV . ' ' , ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12--02-13) 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, 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, 6, 13(c), 13(d), 14 or 16. (h) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Po1icy, 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, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); 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. Unenforceabi1ity of the lien of the Insured Mortgage because of the inability or failure ofan Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceabi1ity in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceabi1ity 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 po1icy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk I l(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5-14) CA & NV @ SHT 1 \4Go,.IO ,..,, .. n.• _.,, ' = 156-35 SHT20F2 ! 1"=100' '1' © t 0 ?AR 1 ?AA 2 PAR J PAR 4 @ O,UM:;. /il.SI • """'" t '•, • ' l ~ . • ' • • @) @. @ ' ' ® ~--~.=--~ • ~ '"' f.J.,.60 @) f,07N:.-. "" ;0 ---. ~------· -------- I • i • WNTERGREEN • DR .. '1-=f='"~,.-t:'• I 1 •,•s•·& M17'!9 141 1116058 ,,,. , ... ,. "'" ;@ • "'" 0 ~ I ~ 0 u 1/15/16 MGC • 1\11 • .., ::a: D " 17-19 OI 1735 • -· .,_ nw ' ""' 1~ tOOI • 2<>-23 16 121, ,, . ... . • 1--LAS FLORES DR. , ' l ___ ,, [ Order: 00109220 DOC# 2016-0060897 11111111111111111111111111111111111111111111111111111111111111 IIII 1111 Recording Requested By: Feb 11, 2016 09:26 AM OFFICIAL RECORDS Ernest J. Dronanburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $99.00 PCOR: N/A When Recorded Mall To: PAGES: 24 HECHT SOLBERG Mr. David J. Vogel 600 West Broadway, Suite 800 San Diego, California 92101 Above Space for Recorder"s Use Only EASEMENT. MAJNTENANCE AND COST SHAfflNG AGREEMENT [Adjacent Property to Lanai Planned Oeveloprnent Community] THIS EASEMENT, MAINTENANCE AND COST SHARING AGREEMENT ("Agreement") Is entered Into .J.!li:'1 day of ,JQ"Q/i4 c ~ , 2016 ("Effective Date"), by SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership ("Shea") and CAROLE SIEGEL LAUGHLIN, Successor Trustee of the John M. Siegel and Renee Siegel Declaration of Trust dated August 12, 1976 ("Adjacent Owner"), with reference to the following: · Recitals A. Shea Is the owner of that certain real property located In the City of Carlsbad ("City"), County of San Diego, State of California, which Is more partlcularly described on Exhibit "A" attached to this Agreement ("Shea Property"). B. Adjacent Owner Is the owner of that certain real property located In the City, County of San Diego, Slate of California, which Is more particularly descrlbed on Exhibit 0 B" attached to this Agreement ("Adjacent Property"). C. Shea Is In the process of developing the Shea Property and Parcels 1, 2 and 3 of the Parcel Map as a residential planned development called "Lanai" ("Communllly"). Shea plans to establish a homeowners association ("Association") lo govern and maintain the Community subject to the Declaration of Reslr1ctlons for Lanai to be recorded In the Office of the County Recorder of San Diego County, Califomla ("Declaration"). Unless otherwise defined herein, the Initially capitalized terms In this Agreement shall have the same meaning as defined In the Declaration. D. The Community Is planned to consist of 20 homes (le., 17 homes on lots within the Final Map (es this term Is defined In ExhlbH "A"), and 3 homes on lots within the Parcel Map (as this term Is defined In the Declaration)) and certain Association Property which includes the Private Streat with a cul- de-sac to be developed by Shea subject to approvals and permits Issued by the City ("Governmental Approvals"). Lot 20 of the Final Map Is Intended 1o be developed as the Private Street The Private Street Is planned to Include sidewalks, pedestrian and vehicular access, entry area, landscaping and Irrigation facilities and street lights and signs for the benefit of the Community. E. Shea plans to convey tha Pr1vate Street to the Association, and after that conveyance the Association shall thereafter melntaln the Prtvata Street In accordance with the Declaration. 11412016 1 081800-0219 4811-7020-0355v. 8 Page 1 of24 Requested By: FNTSDNA, Printed: 5/14/2018 12:18 PM Doc: SD:2016 00060897 F. The Adjacent Property is located adjacent to the Shea Property and It Is currently not developed. The Adjacent Property wlll neither be annexed to the Declaration nor become part of the Community. G. The Governmental Approvals raquire that, if and when the Adjacent Property Is developed, Shea or the Association provide access to the Adjacent Property via the Private Street and a porUon of Lot 18 of the Final Map ("Lot 18"). To provide access to the Adjacent Property, the Private Street will need to be extended through a portion of Lot 18; the extension of the Private Street will remove the cul-de-sac. H. The Governmental Approvals require and Shea wishes to grant Adjacent Owner the Temporary Construction Easement and the Access Easement (both defined below). NOW, THEREFORE, for valuable conslderaUon, the receipt and sufficiency of which are hereby acknowledged, the parties agree as set forth below: 1. Grant of Easements ("Easements"). (a) 11412016 Construction Easement. (I) Shea grants to Adjacent Owner a nonexclusive easement to enter the Private Street and a portion of Lot 18, as more particularly described on Exhibit "C" and depicted on Exhibit ·c-1• both attached hereto ("Temporary Construction Easement") to remove the cul-de-sac and extend the Private Strest on, over, under and across that portion of Lot 18 described In Paragraph 1(b)(I) as the Extended Private Street (the 'Work"). (II) The parties Inland that, prior to Adjacent Ownefs commencement of the Work, Shea wllf first complete the Private Street and any Improvements required to be installed In Lot 18. To thet end, Adjacent Owner may DQ! start any Work prior to the date Shea has completed the Private Street and completed any Improvements to be Installed In Lot 18, Including without llmltetlon, a noise mitigation wall. (iii) No later than 120 days before Adjacent Owner plans to commence the Work, Adjacent Owner shall noUfy Shea and provide the following: (1) Detaffed plans for the Work by a licensed engineer, (2) Ali applications to the City or any other governmental agencies having jurisdfcUon for permits required for the Work; and (3) A completion bond or other financial assurance satisfactory to Shea to assure completion of the Work. (Iv) Prior to commencing the Work, Adjacent Owner or Its contractor shall obtain lnsurancs In accordance with the followlng requirements: (1) Worker's Cornpensetion and Employer's Liability Insurance. Workefs Compensation shall include coverage under the U.S. Longshoreman's and Harborworkera Act. if applicable. The Workefs Compensation Insurance must be In the form and amount required by applicable statute. The Employers' Liability minimum limlts required are $1,000,000 each accident and $1,000,000 each employee for Injury by disease. The Workera Compensation policy must contain endorsements providing (I) a 2 061800-0219 4811-7020-0355v. 9 -----------------~----~------ Order: 00109220 Page 2 of24 Requested By: FNTSDNA, Printed: 5/14/201812:18 PM Doc: SO:2016 00060897 , \ , .. 1/4J2016 Order: 00109220 Doc: SD:2016 00060897 waiver of subrogation In favor of Shea and (II) thirty (30) days written notice to Shea In the event of cancellation of coverage, except for non- payment of premiums, for which notice may be ten (10) days. (2) Commercial General Uablllty Insurance. Commercial General Liability ("CGL") Insurance written on the most current ISO occurrence form CG 00 01 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, products-completed operations, personal and advertising Injury, and liability assumed under an Insured contract (including the tort liability of another assumed in a business contract) with a limit of not less than $1,000,000 for each occurrence and $2,000,000 general aggregate. Shea shall be Included as an Insured under Iha CGL, using ISO additional Insured endorsement CG 2010 or a substitute providing equivalent coverage (with no llmltatlon on coverage for the additional Insured under the Products-Completed Operations Hazard). This Insurance shall apply as primary Insurance with respect to any other Insurance or self-Insurance programs afforded to Shea. There shall be no endorsement or modification of the CGL to make it excess over other available insurance; alternatively, if the CGL states that it is excess or pro rate, the policy shall be endorsed to be primary with respect to the additional Insured. There shall be no endorsement or modification of the CGL limlttng the scope of coverage for liability assumed under a contract. Adjacent Owner waives all rights against Shea and its agents, officers, directors and employees for recovery of damages to the extent Adjacent Owner receives payment for such damages pursuant to the CGL Insurance maintained pursuant to this Agreement. Insurer shall endorse the CGL policy as required in this Section 1(a)(iil)(2) to waive subrogation against Shea with respect to any loss paid under the policy. (3) Business Auto Llab/1/ty Insurance. Business Auto Liability Insurance of not less than $1,000,000 each accident Such Insurance shall cover llablllly arising out of any auto (ln~udlng owned, hired, and non-owned autos). Coverage shall be written on ISO form CA 0001, CA 0005, CA 0020 or a substitute form providing equivalent liability coverage. (4) Addltlonal Insurance. Other Insurance, In an amount as specified by Shea In any contract, If reasonably required by Shea for the Work. (5) lnsursnce Requirements and Limitations: 1. Certificates and endorsements In a form reasonably acceptable to Shea demonstrating compliance with the above requirements (or at Shea"s request, certified copies of the actual policies) must be delivered to Shea before Adjacent Owner commences the Work to be performed in the Community. 2. All insurance specified herein or In contract documents to be furnished by Adjacent Owner must be Issued by a company or companies, which maintain a full profile rating from AM Best of at least A-VIII unless expressly modified In writing by Shea. 3. Adjacent Owner or Its contractor must maintain all of the above insurance coverage in force until final completion of the Work, or earlier cancellation of this Agreement or termination of the applicable construcilon contract for the Work. 3 061800-0219 4811~7020-0a55v. 9 Page 3 of24 Requested By: FNTSDNA, Printed: 5/14/201812:18 PM 1/4/2016 Order: 00109220 Doc: SD:2016 00060897 . ... ,, 4. If Adjacent Owner falls to purchase or maintain the Insurance herein specified, Shea has the right, but not the obligation, after ten (10) days prior written notice to Adjacent Owner, to purchase such insurance on Adjacent Owners behalf and at Adjacent Owner's cost Adjacent Owner must deliver all Information required to facllltate Shea's purchase. If Adjacent Owners insurance does not comply with the above requirements, Shea has the right to charge Adjacent Owner any addHlonal premium charged by Shea's insurer to provide Iha coverage required by this Agreement. 5, The use of self-Insured retentions or deductibles In excess of $10,000 for any of the coverages required by this Section 1 (a)(III) will not be allowed unless specifically approved by Shea in advance and In writing, The policyholder is fully responsible for payment of any self-Insured retentions or deductibles, regardless of their amount. 6. The insurance requirements set forth herein will not limit Adjacent Owners obligations under this Agreement or any other contract for the Work to be performed at the Community, if applicable. The requirements simply represent the minimum amounts of insurance coverage required to be maintained by or for Adjacent Owner. Any failure by Shea to enforce any of these provisions In a timely manner will not act as a waiver to enforcement of any of the provisions at a later date. (v) Following Adjacent Owners commencement of any Work within the Community, Adjacent OWner shall thereafter use commercially reasonable efforts to complete the same. If Adjacent Owners Work has ceased for a period In excess of thirty (30) consecutive days, Shea may, without any obligation to do so, but subject to Shea's first delivering written notice of Its Intent to complete the Work to Adjacent Owner, and Adjacent Owners failure to restart the Work within ten (10) days after such written notice and thereafter pursue to completion, complete the Work on Adjacent Owners behalf, the cost of which shall be reimbursed by Adjacent Owner within thirty (30) days after demand therefor (and any delinquency treated on the same basis as a delinquent Installment under Paragraph 4(e) below). (vi) Adjacent Owner shall repair and restore any damage caused to the Private Street or the Community by Adjacent Owner or Its contractors, agents or other consultants In connection with the Work. (vii) Adjacent Owner understands that Iha Governmental Approvals for the Community require Shea to Install a noise mitigation wall ('Sound Wall"), a portion of which will be Installed on Lot 18. Adjacent Owners Work will require Adjacent Owner to remove a portion of the Sound Wall, the removal of which will result In unacceptable noise levels for the Community. As such, when Adjacent OWner removes any portion of the Sound Wall In connection with the Work, Adjacent Owner shall construct, Install or restore Improvements necessary to reduce and mitigate noise levels to pre-Work levels ("Noise Mitigation Restoration"). Adjacent Owner bears all risk with respect to the Noise Mitigation Restoration and bringing the Community back to pre-Work noise levels. (viii) Adjacent Owner shall not permit to be placed against the Private Street, or any portion of the Community, any mechanics', meterialmens', contractors' or subcontractors' liens arising from or related to the performance of the Work (each 4 061800-0219 4811-7020-0365 v. 9 Page 4 of24 Requested By: FNTSDNA, Printed: 5!14/201612;16 PM -1 I .. ·I ' Order: 00109220 a "Lien"). If a Lien Is placed against the Private Street or any portion of the Community, Adjacent Owner shall remove or cause to be removed the Lien within no more than ten (10) days following written notice thereof. If Adjacent Owner fails to remove any Lien Within such ten (10) day period, Shea shall have the rlgh~ but not the obligation, to remove or cause to be removed such Lien at Adjacent Ownefs sole cost and expense and Adjacent Owner shall reimburse Shea for all costs to remove the Lien no later than five (5) days after demand therefor. (Ix) Unless otherwise agreed to by Shea, construction work may be performed Monday through Friday from 8:00am to 5:00pm. (x) Subject to Paragraph 1 (a)(II), the term of the Temporary Construction Easement shall commence on the Effective Date and expire 120 days after completion of the Work. (b) Access Easement (c) (d) (i) From and after the Adjacent Ownefs completion of the Work and all Noise Mitigation Restoration, Shea grants to Adjacent Owner a perpetual, nonexclusive easement on, over and across the Private Street and a portion of Lot 18 es more particularly described on Exhibit •o• and depicted on Exhibit "D-1" both attached hereto ("Extended Private street"), for pedestrian end vehicular access purposes ("Access Easement"). At such Ume as the Access Easement becomes effective, the Temporary Construction Easement shall terminate. (II) If Adjacent Owner uses the Access Easement for purposes of developing or modifying the Adjacent Property, Adjacent Owner shall notify Shea In writing no later than 60 days before Adjacent Owner plans to commence the development or Improvement, and shall provide the proof of insurance required under Paragraph 1 (a)(iv) prior to commencement of the work. Appurtenant Easements. The Easements are for the benefit of and appurtenant to the Adjacent Property, Including the further subdivision of the Adjacent Property Into no more than three (3) lots, parcels or units, for use by no more than three (3) residences thereon. Maintenance of Adjacent Property. Prior to the development on the Adjacent Property, the Adjacent Property shall be maintained by Adjacent Owner In substantially the same condition as exists on the Effective Date and In compliance with all applicable fuel modification requirements. 2. Maintenance Obllgatjon. Until such time as the Private Street Is conveyed to the Association, Shea shall maintain (or cause to be maintained) the Private Street In good repair and working condition, Including making repairs when required, and Including making replacements If repairs are not feasible. Upon conveyance of the Private Street to the Association, the Association shall maintain (or cause to be maintained) the Private street In accordance with the standards set forth In the Declaration and the Bylaws of the Association and this Agreement Upon completion of the Work by Adjacent Owner, the maintenance obligations of Shea or the Association shall include the Extended Private Street. 3. Remedy For Failure To Maintain. Aller the Effective Date, If Shea falls to perform Its maintenance obligations as set forth In this Agreement, Adjacent Owner may provide Written notice to the Shea specifying the manner In which the maintenance fails to meet Iha requirements of this Agreement. If Shea fails to cure the alleged default within thirty (30) days folloWlng receipt of such notice, Adjacent Owner shall have the right, but not the obligation, to perform the required 1/412018 5 081800-0219 4811-7020-0355v. 9 Page 5 of24 Requested By: FNTSDNA, Printed: 5/14/201812:18 PM Doc: SD:2016 00060897 ,... "-, ,; maintenance, the reasonable cost of which shall be reimbursed to Adjacent Owner within thirty (30) days following receipt of a written request for reimbursement. If any payment owed by Shea under this Paragraph 3 is not paid by the date due, such payment plus all reasonable costs of collection (including reasonable attorneys' fees) shall bear interest at the rate of 12% per annum, commencing 30 days following the dua date until paid, and Shea shall pay a late charge in the amount of ten percent (10%) of the amount of the delinquent amount due. 4. Cost Sharing. Except as otherwise provided haraln, Shea shall be responsible for the maintenance, repair, replacement and operation of the Private Street. (a) Adjacent owner's Contribution. Adjacent owner shall pay to Shea on a monthly basis its pro reta share of the costs for maintaining, repairing, replacing and insuring the Private Street, including wilhout limitation, the payment of reserves, as set forth below and an addiUonal 2% of the allocable share for administrative costs incurred for the billing services ("Contribution"). (b) Conlrjbutlon. Shea shall establish in accordance with the Declaration and other documents governing the Community, a budget with respect to the Contribution on an annual basis, a copy of which shall be provided to Adjacent Owner. The ContrlbuUon shall be calculated In accordance with the formula attached as Exhibit "E" lo this Agreement. The ContrlbuUon shall not be In excess of the amount of assessment attributable to the malntanance, repair, replacement and various operational expenses associated with the Private Street (Including, but not llmited lo, budgetary line Items such as Insurance, reserves, administration and overhead) which, on a per lot basis the Members of the Association are assessed, except for the administrative fee. (o) Commencement pate of Contribution. Adjacent Owner's obUgallon to pay the Contribution shall commence on the first day of the first calendar month following commencement of the Work pursuant to the Temporary Construction Easement. Subsequent Installments of the Contribution shall be payable by Adjacent Owner on a monthly basis. Installments of the Contribution shall be paid within 30 days after Adjacent Owner's receipt of the Invoice from Shea. (d) Books and Records. Adjacent Owner shall be enliUed to inspect and copy, at its sole expense, the books and records of Shea relating lo the expense for the Private Street and the Contribution upon reasonable notice to Shea during normal business hours. Shea shall maintain these records for any calendar year for at least 3 years after the end of the calendar year. (e) Non-Payment of ContrlbuUon. Any Installment of the Contribution shall be delinquent if not paid by Adjacent Owner wtthin 30 days following Adjacent Owner's receipt of the invoice therefor. Any delinquent installment of the Contribution plus all reasonable costs of collection (including reasonable attorneys' fees) shall bear interest at the rate of 12% per annum, commencing 30 days following the due date until paid, and Adjacent Owner shall pay a late charge in the amount of ten percent (10%) of the amount of the delinquent amount due. However, the failure of Adjacent Owner to pay any installment of the Contribution will not cause Adjacent owner to lose Its right to exercise any of the rights or easements created under this Agreement unless Adjacent Owner Is delinquent In the payment of three or more consecutive installments of Its Contribution and falls to cura all such delinquencies within 30 days after receipt of written notice of potential termination of the Easements from Shea. Shea may bring an action at law against Adjacent Owner to collect delinquent payments of the Contribution. 5. Ru)es and Regulations. Adjacent Owner shall at all times comply with the rules and regulations adopted by Shea regarding the use and enjoyment of the Private Street. The rules and 1/412016 6 081800-0219 4811.7'020-035Sv. 9 ----------------------------------·------------· Order: 00109220 Page6of24 Requested By: FNTSDNA, Printed: 5/1412018 12:18 PM Doc: SD:2016 00060897 6. 7. 8. 9. 10. 11. 12. 13. 1/412016 regulations shall apply uniformly to Adjacent Owner and the Members of the Association. Coples of all such rules and regulations shall be provided to Adjacent Owner in writing. Repair of Damage. Notwithstanding any of the provisions in this Agreement to the contrary, If any maintenance, repair or replacement to any portion of the Private Street is required due to the intentional or negligent acts or omissions of Adjacent Owner, or any of Adjacent Owne(s contractors, lessees, tenants, guests or invitees, or is required as a result of damage Incurred during any construction performed on the Adjacent Property, Adjacent Owner shall be liable for all costs and expenses for such maintenance, repair and/or replacement pertaining to any such damage to the Private Street. Indemnity. Shea shall not be liable for anyJoss, damage or Injury of any kind or character to any person on the Shea Property arising from any use of the Pr1vate Street by Adjacent Owner, by any person claiming the right to use the Easements granted to Adjacent Owner, or arising out of or In connection with any Work to be performed on the Private Street or any portion of the Community by Adjacent Owner or its employees, contractors or subcontractors, except to the extent caused by the negligence or willful misconduct of Shea or its agents or employees. Adjacent Owner agrees to indemnify, defend and hold Shea, its affiliates, successors, assigns, officers, directors and employees harmless from and against any and all claims (including mechanic liens), demands, costs (including, reasonable attorneys' fees), losses, llabllHles and obligations made against or Incurred by Shea ar1slng out of or in connection with the use of the Private Street by Adjacent Owner or arising out of or in connection with any Work to be performed on the Private Street or any portion of the CommunHy by Adjacent Owner or Hs lessees, tenants, guests, invitees, employees, contractors or subcontractors. Construction. The section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. Whenever the context hereof may so require, the singular shall Include the plural, and the masculine shall include the feminine and neuter. Time. Time is of the essence with respect to the mettars set forth herein. Mortgagee Protection. A violation of the covenants set forth herein shall not affect or impair the lien or charge of any bona fide mortgage or deed of trust made in good faith and for value on all or any portion of the Shea Property, Adjacent Property, the Private Street and/or any lot encumbered by this Agreement; provided, however, that any subsequent owner of all or any portion of such properties shall be bound by the covenants set forth herein, without regard to whether such owne(s title was acquired by foraciosura, trustee"s sale, or otherwise. Counterparts. This Agreement may be executed In multiple counterparts, each of which shall be an original, and all of which, when taken together, shall constitute one and the same agreement. Disputes. In the event of a dispute between Shea, the Association or Adjacent Owner arising In connection wHh the provisions of this Agreement, the matter shall be submitted to and decided by binding arbitration. The parties shall attempt in good faith to agree on a single arbitrator. In the event the parties cannot so agree, then the dispute shell be resolved by a panel of three arbitrators chosen as follows: Shea and/or the Association shall choose one arbitrator, Adjacent Owner shall choose another arbitrator end those arbitrators shall together choose one additional arbitrator. The decision shall be rendered by a majority of all arbitrators in accordance with the American Arbitration Association Commercial Rules of Arbitration. Attorney's Fees. In the event of any controversy, claim or dispute between the parties to this Agreement relaflng to this Instrument or the breach of the Agreement, the prevailing party shall be entitled to costs of suit and such sums as the Court deems reasonable for attorney's fees. The prevailing party shall be the party in whose favor a final Judgment is entered. 7 081800-0219 4811•7020-0355 v. 9 .... ···-·-----··-·-··· -------- Order: 00109220 Page 7 of24 Requested By: FNTSDNA, Printed: 5/14/201812:18 PM Doc: SD:2016 00060897 14. Amendment This Agreement may be amended at any time and from time to time by an Instrument in writing Signed by the parties to this Agreement, which written instrument shall become effacllve upon the recording of the same In the Office of the County Recorder of the County. 15. ~-All notices, demands or other communications given under this Agreement will be in writing and will be deemed to have been duly delivered upon (i) personal delivery; or Oil as of the 3"' business day after mailing by United States registered or certified mall, return receipt requested, postage prepaid; or (Ill) as of the date delivered by an overnight courier service. All notices shall be addressed as set forth below or to such other address or to such other person as any party may notify the other for such purpose In the manner set forth in this Section. The addresses for the parties are: Shea Homes Limited Partnership 9990 Mesa Rim Road, Suite 200 San Diego, CA 92121 Attn: Sarah Morrell Adlacant owner; Carole Siegel Laughlin 21935 SW Lebeau Road Sherwood, OR 97140-8704 Each party may change its address by written notice In accordance with this Paragraph 15. Upon the conveyance of the Private Street to the Association, Adjacent Owner shall provide all notices required under this Agreement to the Board of Directors of the Association at the address to be provided for the Association. 16. Assignment of Maintenance Obligation. Shea shall have the right to assign Its rights and transfer Its maintenance obligations set forth In this Agreement to any person or entity which acquires fee tttte to the Private Street (Including but not limited to the Association). The rights and obligations of Shea shall automatically transfer to the Association upon the conveyance of the Private Street to the Association. Upon the written assumption by the assignee of the obligations of Shea set forth In this Agreement and delivered to Adjacent Owner, the assignee shall have all the rights and obligations of Shea with respect to this Agreement, and Shea shall have no further rights or obligations under this Agreement for any matters arising altar the date of such assumption. 17. Binding Effect; References. 1/4/2016 (a) This Instrument shall bind and Inure to the benefit of the parties hereto and the respective successors and assigns of Shea (including but not limited to the Association) and Adjacent Owner. It Is intended that this Agreement benefit and burden the owner and successive owners of the Private Street, Lot 18 and the Adjacent Property and shall run with the land In accordance with Callfomla CIVIL CODE Section 1468. Regardless of any sale, transfer or assignment of any rights, title and/or Interest In and lo the Shea Property, Adjacent Owner's rights to use the Easements granted herein shell not be restricted, limited or olhe,wise Interfered with. Adjacent Owner shall take all reasonable steps that are necessary so as to not prevent or Interfere with the use of the remaining Shea Property by Shea. 8 061800-0219 4811-702Q..03&.5 v. 9 -------------------- Order: 00109220 Page 8 of24 Requested By: FNTSDNA, Printed: 5/14/201812:18 PM Doc: SD:2016 00060897 i. Order: 00109220 (b) Reference to Shea shall refer to the Assoclatlon upon conveyance of the Private Street and Lot 16 to the Association. Reference to Private Street shall refer to the Extended Private Street from and after the Adjacent Owners completion of the Work. (c) If the Adjacent Property Is subdivided into two or more separate legal parcels (which separate parcels are referred to as the "Resulting Parcels"), the owner(s) of the Resulting Parcels may assign the rights and obligations of Adjacent Owner hereunder to an association formed to govern and maintain the community developed on the Adjacent Property, provided that such association expressly assumes all of Adjacent Owners obligations hereunder and such assignment and assumption is recorded, and upon written notice thereof to Shea and/or the Association. Notwithstanding an assignment to and assumption by that association, this Agreement will continue to burden and run with each Resulting Parcel. 18. Miscellaneous. (a) Should any provision In Agreement be void or become Invalid or unenforceable In law or equity by Judgment or court order, the remaining provisions hereof shall be and remain in full force and effect. (b) This Agreement constitutes the entire agreement of the parties with respect to the Easements granted In this Agreement. This Agreament supersedes any and all previous agreements, understandings and correspondence between the parties with respect to the subject matter of this Agreement, and none thereof shall be used to Interpret or construe this Agreemenl (c) No waiver by either party of a breech of any of the terms of this Agreement shall be construed or held to be a waiver or any succeeding or preceding breach of the same. (d) Exhibits attached to this Agreement are by this reference incorporated in this Agreement and made a part of this Agreement. (e) This Agreement Is made and shall be construed In accordance with the laws of the State of California. IN WITNESS WHEREOF, the undersigned, have executed this document as of the date first hereinabove written. Shea: Adjacent Owner: 1/4/2016 9 SHEA HOMES LIMITED PARTNERSHIP, a California II · d partnership By.~~~ Its: Authorized Agent CAROLE SIE L LAUG LIN, Successor Trustee of the John M. Siegel and Renee Siegel Declaration ofTrust dated August 12, 1976 0B180G-0219 4811•7020-03!5 v. 9 Page 9 of24 Requested By: FNTSDNA, Printed: 5/14/201812:18 PM Doc: SD:2016 00060897 Order: 00109220 A notary public or other officer completing this certificate vertfies only the Identity of the Individual who signed the document to which this certlflcata Is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Samo ogii On d:-S-7-e> I b ) ) ss. ) , before me, ~fy--\t,\ {?_ \\lA-$ 1~ QIABftc.. (ic:: tiUe of the officer) personally appeared SGVvl 1 t{\ ~ ()l/1'.)c&. , ~ who proved to me on the basis of satlsfactrny evidence to be the person(s) whose name(s) Ja/are subscribed to the within instrument and acknowledged to me that hl!tsl:le/they executed the same In ~heir authorized capacity(ies), end that by h!s#lerllhelr signeture(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true end oorrect. WITNESS my hand and official seal. Signature ~~IJA ,. PATIYRIVAS I i C-No.2130542 iJ II NOT~ PU8UC-~FORNIA :r I -S.::.~.201eJ (Seal) A notary public or other officer completing this certificate vertfies only the Identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness. accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF _______ __, On ____________ ~ before me,~----------------- (insert name and title of the offlcer) personally appeared ____________________________ ~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), end that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and oorrecl WITNESS my hand and official seal. Signature _______________ _ (Seal) 114/2016 10 081800-0219 4811-7020-03515 v. 9 Page 10 of24 Requested By: FNTSDNA, Printed: 5/14/2018 12:18 PM Doc: S0:2016 00060897 Order: 00109220 A notary public or other officer completing this certlflcete vertfoes only the Identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF OREGON ) ) ss. ) COUNTY OF w Bl.'Shivl.~tqy\ On l /J Cf /Jo/ , before me, ~f\ V\1,0K) e,, ¥\:\&xo <ldu; b,fu.l'~ !°lvb\ i (., (Insert name and title of the officer) personally appeared Carole Siegel Laughlin, who proved lo me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENAL 'TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature ~~ 114/2016 11 Page 11 of24 • .. ? '._ · .·:ANDER ' .,1ilEGON · .... N0,935825 MY COMMJ~blUN EXPIRESJANllAAV26, 2019 Seal) • OFFICIAi.STAMP ANN MARIE ALEXANDER NOTMY PU81JO-OREGON COMMISSION NQ 935825 MY COMMISSION EXPIAES JAHUARY26, 2019 061800-0219 4811-7020-0355 v. 9 Requested By: FNTSDNA, Printed: 5/14/201812:18 PM Doc: SD:2016 00060897 Order: 00109220 Exhlblt"A" Legal Description of Shea Property That certain real property located In the City of Carlsbad, County of San Diego, State of Callfomla, and more particularly descrtbed as follows: Lots 1 through 20, inclusive, of CARLSBAD TRACT NO. 12-01, In the City of Carlsbad, County of San Diego, State of Callfomla, according to Map thereof No. 16056, flied In the Office of the County Recorder of San Diego County, Califomla on September 4, 2015 as Instrument No. 2015-7000347 of Official Records ('Fina! Map"). 1/412016 ExhibltA-1 061600-0219 4811•7020-0356V, 9 Page12of24 Requested By: FNTSDNA, Printed: 5/14/201812:18 PM Doc: SD:2016 00060897 Exhibit "B" Legal Description of Adjacent Property The real property In Qultclalm Deed recorded July 22, 201 O as Document No. 2010-0369792, In the Office of the County Recorder of San Diego County, California, more particularly described as THAT PORTION OF TRACT NO. 2 OF LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID TRACT NO. 2, DISTANT THEREON NORTH 0°02' WEST, 380 FEET FROM THE POINT OF INTERSECTION OF THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE WITH THE CENTER LINE OF THE COUNTY ROAD, AS SAID ROAD IS SHOWN ON SAID MAP NO. 1719, SAID POINT OF BEGINNING BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER 27, 1951 IN BOOK 4302, PAGE 242 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID STATE OF CALIFORNIA LANO AS FOLLOWS: NORTH 33°50'29" WEST, 300.39 FEET; NORTH 28°31'16" WEST 151.34 FEET; NORTH 36°36'38• WEST, 68.45 FEET; THENCE NORTH 0"03'21" WEST, 72.62 FEET TO A PONT IN THE SOUTHERLY LINE OF THE COUNTY ROAD SURVEY NO. 843, FILED IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE NORTH 0°03'21" WEST, 32.74 FEET; MORE OR LESS, TO A POINT IN THE CENTER LINE OF SAID COUNTY ROAD; THENCE EASTERLY LEAVING SAID STATE OF CALIFORNIA LAND AND ALONG SAID CENTER LINE TO THE EASTERLY LINE OF SAID TRACT NO. 2; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES, RECORDED JANUARY 15, 1968, SERIES 9, BOOK 1968, FILE/PAGE NO. 7229. Commonly known as vacant resldentlal land In Carlsbad, Cellfomla. APN: 156-351-01-00 1/4/2018 Exhibit B-1 061600-0219 4811-7020-0355v. 9 --------------------------------------- Order: 00109220 Page 13of24 Requested By: FNTSDNA, Printed: 5/14/201812:18 PM Doc: SO:2016 00060897 11412016 Order: 00109220 Doc: S0:2016 00060897 ... Exhibit "C" Legal Description of Temporary Construction Easement [Attached] Exhibit C-1 061800-0219 4811-7020-0355 Y, 9 Page 14 of24 Requested By; FNTSDNA, Printed: 5/14/201812:18 PM Order: 00109220 LEGAL DESCRIPTION (Temporary Construction Easement) BEING A PORTION OF LOT 18 AND LOT 20 (LANAI COURT) OF CARLSBAD TRACT NO. 12-01, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16056, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON SEPTEMBER 4, 2015 AS FILE NO. 2015-7000347 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 9 OF SAID MAP NO. 16056, BEING A POINT ON THE SOUTHERLY LINE OF SAID LANAI COURT; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89°25'19" WEST, 53.30 FEET TO THE BEGINNING OF A 48.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY: THENCE CONTINUING ALONG SAID SOUTHERLY LINE, NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 49°00'06", AN ARC DISTANCE OF 41.05 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 18; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 18, NORTH 89°30'22" WEST, 31.18 FEET TO THE SOUTHWEST CORNER OF SAID LOT 18; THENCE ALONG THE WESTERLY LINE OF SAID LOT 18, NORTH 00°29'38" EAST, 70.00 FEET; THENCE DEPARTING SAID WESTERLY LINE, SOUTH 60°10'46" EAST, 30.49 FEET TO A POINT ON THE WESTERLY LINE OF SAID LANAI COURT; THENCE SOUTH 51°30'44" EAST, 119.02 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 4,759 SQUARE FEET, MORE OR LESS. EXHIBIT ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ARMAND A. MAROIS, DATE ---··--·------------------- Page15of24 Requested By: FNTSDNA, Printed: 5/141201812:18 PM Doc: SD:2016 00060897 1/4/2016 Order: 00109220 Doc: S0'2016 00060897 Exhibit "C-1" Depiction of Temporary Construction Easement [Attached] Exhibit C-1-1 ', 061800-0219 4811-7020-035!5v. 9 Page 16of24 Requested By: FNTSDNA, Printed: 5/14/201812:18 PM SHEET 1 OF 1 TEMPORARY CONSTRUCTION EASEMENT 20' 10· o· ----SCALE: 1" = 20' ARMAND A. MAROIS DATE LOT 18 20' bl-lA,lnc. land l)lanhlng, cMJ engk,aedng, uveylng 5115 AVENIDA ENCINAS SUITE "L" CARLSBAD, CA. 92008-4387 (780) 931-8700 Order: 00109220 Doc: SO:2016 00060897 LOT ): ~.:·~! :: '.:;, ~\< 8 ...... -.. ------LOT .__ .__ 7 ---/ND/CATES IMPROVEMENTS PER DWG 483-4 LANAI COURT (PRIVATE STREET) LOT 20 .. ,.: LOT P.O.8. NW'LY COR LOT 9 19 LEGEND: ™-INDICATES TEMPORARY CONSTRUCTION EASEMENT 4,759 SQ.FT. P.O.8. -POINT OF COMMENCEMENT NW COR OF LOT 9, CT 12-01 MAP NO. 16056 (J) -GENERAL UTILITY & ACCESS EASEMENT PER CT 12-01, MAP NO. 16056 Page17of24 LEGAL DESCRIPTION PLAT FOR "TEMPORARY CONSTRUCTION EASEMENT' TO ADJACENT PROPERTY Requested By: FNTSDNA, Printed: 5/14/201812:18 PM 114/2016 Order: 00109220 Doc: SD:2016 00060897 Exhibit "D" Legal Description of Access Easement [Attached] Exhibit D-1 Page 18 of24 Requested By: FNTSDNA, Printed: 5/14/201812:18 PM Order: 00109220 LEGAL DESCRIPTION (Private Access Easement) BEING A PORTION OF LOT 18 AND LOT 20 (LANAI COURT) OF CARLSBAD TRACT NO. 12-01, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16056, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON SEPTEMBER 4, 2015 AS FILE NO. 2015-700034'/' OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID MAP NO. 16056, BEING A POINT ON THE WESTERLY RIGHT-OF-WAY OF PIO PICO DRIVE (OLIVE DRIVE PER MAP 1719) (40.00 FEET WIDE); THENCE ALONG SAID WESTERLY RIGHT-OF-WAY, SOUTH 00'30'15" WEST, 81.88 FEET TO THE NORTHERLY LINE OF SAID LANAI COURT OF SAID MAP AND POINT OF BEGINNING; THENCE ALONG THE NORTHERLY LINE OF SAID LANAI COURT, NORTH 89'25'04" WEST, 107.11 FEET TO THE BEGINNING OF A 229.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY: THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 48'28'48", AN ARC DISTANCE OF 193.76 FEET TO THE BEGINNING OF A 171.00 FOOT RADIUS REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 48'23'29", AN ARC DISTANCE OF 144.42 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 89"30'22" WEST, 80.77 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25'49'44", AN ARC DISTANCE OF 40.57 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 63°40'38" WEST, 57.87 FEET TO THE BEGINNING OF A 48.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE CONTINUING ALONG SAID NORTHERLY LINE, WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 85'27'42", AN ARC DISTANCE OF 71.60 FEET; THENCE DEPARTING SAID NORTHERLY LINE, NON-TANGENT TO SAID CURVE, NORTH 60°10'46" WEST, 30.49 FEET TO THE WESTERLY LINE OF SAID LOT 18; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, SOUTH 00"29'38" EAST, 70.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 18; Page 19of24 Requested By: FNTSDNA, Printed: 5/14/201812:18 PM Doc: SD:2016 00060897 Order: 00109220 THENCE DEPARTING SAID WESTERLY LINE, SOUTH 89°30'22' EAST, 31.18 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 18 TO THE SOUTHERLY LINE OF SAID LANAI COURT AND BEGINNING OF A 48.00 FOOT NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 50"34'47" WEST; THENCE ALONG SAID SOUTHERLY LINE, SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 49°00'06", AN ARC DISTANCE OF 41.05 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 88"25'19" EAST, 53.60 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 89"30'22" EAST, 140.60 FEET TO THE BEGINNING OF A 229.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 48"23'29", AN ARC DISTANCE OF 193.41 FEET TO THE BEGINNING OF A 171.00 FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 47°52'58", AN ARC DISTANCE OF 142.91 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 89°25'04" EAST, 108.97 FEET TO THE SAID WESTERLY RIGHT-OF -WAY LINE OF PIO PICO DRIVE; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTH 00°30'15' EAST, 58.01 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 44,097 SQUARE FEET, MORE OR LESS. EXHIBIT ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ARMAND A. MAROIS, DATE ----·---·----. ---- Page 20of24 Requested By: FNTSDNA, Printed: 5!141201812:18 PM Doc·. S0·.2016 00060897 I i' I I 1/4/2016 Order: 00109220 Doc: SO:2016 00060897 Exhibit "D-1" Depiction of Access Easement [Attached] Exhibit D-1-1 Page 21 of24 Requested By: FNTSDNA, Printed: 5/14/201812:18 PM EXHIBIT SHEET 1 OF 2 PRIVATE ACCESS EASEMENT APN I APN L_ __ P.O.C. 156-351-02 /156-351-04 W'LY UN£ OF TRACT 7 r---0::----...i.--r------Nd~ _ ~ i-"T"_M_'AP-,-N_o._1_11.,.9_..1.,.,,_ __ -_ LOT L~T i!i :J'. !Ii 2 P.0.8. ~ ~i LOT 'AP NO. ~ ~§ LOT 8 r+, t~ 18 ,, ~ LOT 7 LOT LOT 6 5 LOT LOT 10 11 1 oo' so· o· 1 oo' ----SCALE: 1" "" 100' LOT 4 LOT 12 LEGEND: APN LOT 156-351-09 ~ LOT 17 16 APN 156-351-10 LOT 15 APN LOT 156-351-11 14 ~ -_--=i ' n---, @%1-INDICATF:S PRIVATE: ACCESS £ASEMENT 44,097 SQ.FT. (1.01 ACRcS) P.0.C. -POINT OF COMMcNCEMENT P.0.8. -POINT OF BEGINNING C1 -CURVE DATA * LI -UN£ DATA " ARMAND A. MAROIS /..:::=;;::*~SE.~'£ SHEET 2 FOR DATA TABLE DAlE bliA,lnc. knl plormg. cM •!Glo-"As ffl"Y':19 5118 AVENIDA ENCINAS SUllE •L• CARLSBAD, CA. 82008-4387 (780) 831-8700 LEGAL DESCRIPTION PLAT FOR ''PRIVATE ACCESS EASEMENT' TO ADJACENT PROPERTY ---------------------··· ·····-------· --.. Order: 00109220 Page22 of24 Requested By: FNTSDNA, Printed: 5/14/2018 12:18 PM Doc: SD:2016 00060897 ,. Order: 00109220 Doc: SD:2016 00060897 EXHIBIT SHEU 2 OF 2 PRIVATE ACCESS EASEMENT CURVE: DATA TABLE CURVE: NO. RADIUS DE:LTA LENGTH C1 229.00' 48"28'48" 193.76' C2 171.00' 48"23'29" 144.42' C3 90.00' 25•49•44• 40.57' C4 48.00' 85"27'42" 71.60' C5 48.00' 49"00'06" 41.05' C6 229.00' 48"23'29" 193.41' Cl 171.00' 47"52'58" 142.91' LINE: DATA TABLE LINE NO. BEARING LE:NGTH L1 S00"30'15"W L2 N89"25'04 "W L3 N89"30'22"W L4 N63"40'38"W L5 N60"10'46"W L6 S00"29'38"E: L7 S89" 30 '22 "E LB S89"25'19"£ L9 S89"30'22"E LIO S89"25'04"E: L11 N00"30'15"E: 81.88' 107.11' 80.77' 57.87' 30.49' 70.00' 31.18 53.30' 140.60' 108.97' 58.07' LEGAL DESCRIPTION PIAT FOR ''PRIVATE ACCESS EASEMENT' TO ADJACENT PROPERTY -·-···· ----------------------·-----· - Page 23 of24 Requested By: FNTSDNA, Printed: 5/14/201812:18 PM Order: 00109220 Exhibit "E" Formula for Contribution The Contribution shall be comprised of all of the costs, charges and expenses Incurred by Shea or Its successor (lndudlng the Association) which are directiy attributable to the operation, maintenance and repair of the Private Street, Including without limitation, cleaning and sweeping, lighting, maintaining and replacing landscaping adjacent to the Private Street, repairing, painting and replacing paving, curbs and gutters, compensation for labor and materials, use of equipment,. real property taxes separately assessed against the Privste Street (if any), insurance, reserves and necessary capital expenditures. The Contribution shall be allocated as to Adjacent Owner as follows: X divided by Y, or (XN) + administrative fee X number of homes on the Adlacent Prooe=• /but no less than f\ Y = X + number of homes In Communltv 036966/00004/8707594v2 1/4/2016 Exhibit E-1 061800-0219 4811-7020-0355 v. 9 Page 24 of24 Requested By: FNTSDNA, Printed: 5/141201812:18 PM Doc: S0;2016 00060897 • RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: Tinnelly Law Group 27101 Puerta Real, Suite 250 Mission Viejo, CA 92691 Attn: Kumar S. Raja, Esq. DOC# 2017-0537916 I 11111111111 ll111111111111111111 lllll lllll \111111111111111111111111111 Nov 17, 2017 12:13 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $57.00 PCOR: NIA PAGES: 10 (Space Above For Recorder's Use.) GRANT OF EASEMENT AND MAINTENANCE AGREEMENT THIS GRANT OF EASEMENT AND MAINTENANCE AGREEMENT ("Agreement") is being entered into by and between LANAI OWNERS ASSOCIATION ("Association"), a California nonprofit mutual benefit corporation, and CAROLE LAUGHLIN, Trustee of the John M. Siegel and Renee Siegel Declaration of Trust dated August 12, l 976 and the John M. Siegel Bypass Trust U/T/A dated August 12, 1976 ("Owner"), Owner and Association are referred to herein individually as "Party" and collectively as the "Parties". RECITALS A. Association is a nonprofit mutual benefit corporation in good standing, duly organized and existing under the laws of the State of California, and is a homeowners association established as a common interest development as defined in California Civil Code Section 4100. B. Association is the owner of that certain real property located in. the City of Carlsbad, County of San Diego, State of California, ·and more particularly described as follows: Lots 18 through 20, inclusive, of Carlsbad Tract No. 12-01 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 16056, filed in the Office of the County Recorder of San Diego County on September 4, 2015 as Instrument No. 2015- 700347 of Official Records ("Association Property"). C. Owner is the owner of that certain real. property described in a Quitclaim Deed recorded on July 22, 20 IO as Document No. 20 I 0-0369792 in the Office of the County Recorder of San Diego County, California ("Laughlin Property") and more fully described in the legal description attached hereto at Exhibit "A". D. Association executed, and is subject to the provisions within, the Declaration of Restrictions for Lanai recorded on May 10, 2016, as Instrument No. 2016-0222772 of the Official Records of San Diego County, California, and any amendments thereto. ("Declaration"). E. Article XII, Section 12.2 of the Declaration grants the Board of Directors the right to grant or dedicate to third parties "easements over the Association Property for utilities, roads and other purposes necessary for the proper operation of the Community ... " Lanai Owners Association Grant of Easement and Maintenance Agreement I Page I of 6 F. Previously, Shea Homes Limited Partnership ("Shea") and Owner executed an Easement, Maintenance, and Cost Sharing Agreement that was recorded in the real property records of San Diego County on February 11, 2016 as Document No. 2016-0060897 ("Easement Agreement"). The Easement Agreement grants Owner a Temporary Construction Easement to remove a cul-de-sac from Lot 20 and extend a private street ("Lanai Court") over Lot 18 ("Work"), and an Access Easement over the Association Property, among other things. G. Currently, the Laughlin Property is not developed and Owner has not yet notified Shea or the Association of Owner's intent to commence the Work, as further described at Section I (a)(iii) of the Easement Agreement. H. Currently, the Laughlin Property is separated from Lanai Court by a solid wooden fence and a sound wall with two (2) black rod iron fences, all of which are located on Lot 18. The southernmost of the two (2) black rod iron fences is large enough for a vehicle to pass through (the "Southern Gate") and is locked by way of a padlock. I. Owner desires a right of access across the Association Property for the purposes of(!) general maintenance and upkeep of the Laughlin Property, (2) general pre-construction development activities and (3) showing the Laughlin Property for sale. J. Association desires to grant Owner a non-exclusive easement for ingress, egress, and access for vehicles and pedestrians over, upon, and across the Association Property for the purposes contemplated herein. NOW, THEREFORE, in consideration of the promises and mutual agreements hereinafter set forth, the Parties hereby agree as follows: 1. Recitals: The recitals set forth above are hereby incorporated into this Agreement. 2. Installation of Gate within Wooden Fence: Within sixty (60) days after execution of this Agreement, Association shall install a gate within that portion of the solid wooden fence that is most proximately west of the Southern Gate ("Wooden Gate"). The Wooden Gate shall be sufficiently wide to al low access for the maintenance equipment described in paragraph 3 below. Owner shall reimburse the Association, in the amount of$500.00, for the cost of the Wooden Gate. Such payment shall be tendered by the Owner to the Association within thirty (30) days of the time the Association gives written notice that the Wooden Gate has been completed. 3. Grant of Easement: The Association grants Owner a non-exclusive easement for ingress, egress, and access for vehicles (as further described herein) and pedestrians over, upon, and across the Association Property and through the Southern Gate and the Wooden Gate for the purposes set forth in Recital l of this Agreement. That right is limited to pedestrian and maintenance vehicle/equipment access. Pedestrians who wish to access the Laughlin Property shall not park their vehicles on Association Property; all pedestrians who wish to access the Laughlin Property must park their vehicles outside of the Association on Pio Pico Drive. · Maintenance vehicles/equipment shall include items such as lawnmowers, Lanai Owners Association Grant of Easement and Maintenance Agreement\ Page 2 of 6 -------------"-- • small tractors, and similarly sized landscaping machinery that may be delivered on a flatbed trailer behind a pick-up truck. No maintenance vehicles/equipment, flatbed trailers, or pick-up vehicles may be stored/parked on Association Property. Except for access by the Owner's real estate broker ("Broker") pursuant to paragraph 6 below, Owner shall coordinate all access to the Laughlin Property through the Association's Community Manager or designated representative ("Agent") at least 72 hours in advance. 4. Use of Association Property: Association Property will be used by Owner solely for the purposes set forth herein. In no event shall Owner, Owner's contractors, subcontractors, agents, successor in interest, or assigns use Association Property in any manner which interferes in any material way with the use thereof by Association or its members, or is inconsistent with the rights granted hereunder. 5. Work Hours: All work contemplated by this Agreement, such as general maintenance and pre-construction development activities, shall be performed during the times set forth at City of Carlsbad Municipal Code Section 8.48.010. 6. For Sale Signs: Until the Laughlin Property is sold, the Association will allow the Broker to hang one'(!) standard size "For Sale" sign and one (1) flier box on the Southern Gate. Those items must be attached to the Southern Gate in a non-damaging manner. Owner agrees to be financially responsible for all damage that may be caused by affixing the "For Sale" sign and flier box to the Southern Gate. No Broker/real estate signs (i.e. "For ·sale" signs) may be installed or posted on any Association-maintained common areas, including on Pio Pico Drive, except as referenced herein. Owner may install in-ground "For Sale" signs on the Laughlin Property only. All "For Sale" signs that may be posted/installed by the Broker must be properly maintained in a "clean and good" condition by the Owner and Broker and must not be unpleasant to the surrounding neighbors. All "For Sale" signs and the flier box, if any, shall be removed within three (3) days after closing of the sale of the Laughlin Property. 7. Southern Gate & Wooden Gate I Security and Lock Box: The Association shall maintain a lock box on the Southern Gate, and shall provide the Broker with the access code. Keys for the Southern Gate and Wooden Gate shall remain in that lock box when not in use. The Southern Gate and Wooden Gate are to be locked at all times except to allow access for the purposes provided herein. 8. Signs: Owner shall provide, at Owner's sole expense and without cost or expense to Association, signs and other appropriate warning devices during the course of performance of any work on the Laughlin Property, as may be necessary to provide for the safety of all persons or property. 9. Damage to Property: Owner shall repair and restore any damage to the Association Property and any property within the Association that may be caused by Owner, Broker, or any entity or individual performing landscaping maintenance work or pre-construction development activities on behalf of the Owner, and any other individual accessing the Lanai Owners Association Grant of Easement and Maintenance Agreement I Page 3 of6 ----··----·-------···---------~--~ --------------------- Laughlin Property pursuant to the access rights set forth in this Agreement. At the conclusion of work each day, Owner shall, at Owner's sole expense and without cost or expense to Association, clean up and remove any and all debris that may accumulate or be deposited on the Association Property so as to maintain the Association Property in a neat, clean and attractive condition. 10. Maintenance of Laughlin Property: At all times during the term of this Agreement, Owner shall maintain the Laughlin Property in reasonable condition, including the periodic removal of brush in accordance with City Fire Department requirements, and shall keep in place a Trespass Arrest Authorization Agreement with the Carlsbad Police Department authorizing the removal of squatters therefrom. 11. Liens: Owner shall keep the Association Property free and clear of any and all liens of any kind whatsoever with respect to any work, and in the event that any lien is placed of record against the Association Property relating to any work performed by or on behalf of Owner, Owner shall within twenty (20) days cause such lien to be released or to otherwise be bonded against by a reputable bonding company. The release of any such liens or payments for bonds shall be at Owner's sole expense ·and without expense or cost to Association. 12. Indemnification and Insurance: Owner hereby agrees to indemnify, hold harmless and defend the Association, its directors, officers, members, agents, including the Association's Management Company, attorneys or employees from any property damage, personal injury or any other claims, losses, liability and expenses (including court costs and reasonable attorneys' fees) (collectively, "Claims") arising in any way from or related to Owner's use of the rights granted herein and/or otherwise related to any of the terms set forth in this Agreement in the same manner as provided in Section 7 of the Easement Agreement; provided, however, that Carole Laughlin shall have no liability to the Association for Claims first arising after the sale of the Laughlin Property, except to the extent that the facts giving rise to the Claims occurred while Ms. Laughlin was the owner of the Laughlin Property, in which case Ms. Laughlin shall be liable as provided herein. No act or representation by the Association, its directors, officers, members, attorneys, agents 01' employees shall in any way limit or otherwise reduce Owner's indemnification obligations set forth herein. Owner shall name Association and Agent as "additional insureds" pursuant to an additional insured policy endorsement to Owner's general liability policy and shall provide to Association proof of such insurance within thirty (30) days of Association's request therefor. 13. Owner's Release of Liability: Owner hereby releases Association, its directors, officers, members, agents, including the Association's Management Company, attorneys, employees, and representatives from liability for any and all claims, damages, losses and expenses (including reasonable attorneys' fees, expert witness fees, and court costs) relating to personal injury and/or property damage, arising out ofor resulting in whole or i_n part from Owner's use of the Association Property and the Laughlin Property. 14. Termination of Easement: This Agreement shall terminate upon the commencement of the Work, as that term is referenced within the Easement Agreement. Lanai Owners Association Grant of Easement and Maintenance Agreement I Page 4 of 6 15. Severable Provisions: The provisions of this Agreement are severable, and if.any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions, and any partially unenforceable provisions to the extent enforceable, shall nevertheless be binding and enforceable. 16. Effect of Waiver: The waiver by either Party and/or breach of any term, promise, or condition of this Agreement shall not constitute a waiver of any subsequent breach of the same, or any other term, promise, or condition. The failure by either Party to enforce any right for a period of time shall not constitute a waiver of such right or any term, promise, or condition of this Agreement. 17. Binding Effect/Successors In Interest: The provision of this Agreement shall run with, burden, and be binding upon and for the benefit of the Laughlin Property and all persons having or acquiring any right, title or interest in the Laughlin Property ("Successor"), Except as set forth in paragraph 12, each Successor shall succeed to the rights and assume the duties and liabilities of Owner to the extent of the property interest held by such Successor as to the Laughlin Property. Owner shall notify any purchaser of the Laughlin Property of the existence of this Agreement and their obligations and rights contained therein. · 18. Attorneys' Fees: If any action or proceeding is instituted by any person io enforce or· interpret the provisions hereof, the prevailing party in such action or proceeding shall be entitled to recover from the other Party or Parties its costs and expenses incurred in connection therewith, including without limitation, reasonable attorneys' fees and the costs and expenses of litigation. 19. Covenants Running with the Land: The Parties hereby declare that Laughlin Property and the Association Property is to be held, conveyed, hypothecated, encumbered, leased, rented, used, or occupied and improved, subject to the foregoing limitations and restrictions. 20. Notices: All notices shall be delivered to Owner (or Owner's successor in interest, as the case may be) or Agent by first-class mail, postage prepaid. 21. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, 22. Recording: Upon execution, this Agreement shall be recorded in the Official Records of San Diego County, California. Owner agrees to record the Agreement at Owner's expense. Lanai Owners Association Grant of Easement and Maintenance Agreement I Page 5 of6 ---------------------------------------------------- .,......, '• ,Ii' ' 23. Interpretation and Governing Law: This Agreement shall be construed in accordance with and governed by the laws of the State of California. IN WITNESS WHEREOF, this Agreement is hereby executed by the Parties hereto, to be effective as of the date of its recordation. DATED: rJav'embc.r 3, 2017 DATED: 71,tm-, C) ·, 2017 Lauai Owners Association By: Its: , Carole Laughlin, T~ the John M. Siegel and Renee Siegel Declaration of Trust dated August 12, 1976 and the John M. Siegel Bypass Trust VITIA dated August 12, 1976 Lanai Owners Association Grant of Easement and Maintenance Agreement I Page·6 of 6 ·, _____________ c.__ __ , --·-· .. ·--· -------------------. -----------------.... _ CALIFORNiA ALL·PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docume • to which this ~rtfficate is attached. ai:id not the truthfulness, accuracy, or validity of that docUinent State of California } County of ______________ _ Date Personally appeared------------------------,,<--------- Name(s} of Sfgner(s) who proved to me on the basis of satisfactory evidence to be the pers9n(s) vjhqse name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they execut'}d the.same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on ;:;_e i7ment the person(s). or the entity upon behalf of which the person(s) acted, executed the instrume/ __ ,, I certi~J.nder PENAL TY OF PERJURY under the laws 9Ythe State of California that the foregoing pa raph is true and correct. ITNESS my hand and official seal. Signature _______________ _ Place Notary Seo/ and/or Stamp Abov. Signature of Notary Public OPTIONAL . Comple.ting this i nnation can d'eter alteration of the document or fraudulent re achment of this form ·to an unintended document Description of Attached D ument Title or Type of Docume ' DocumentDate: __ ~ __________________ Number·ofPages: ____ _ Slgner(s) Other Tha N~med Above:-----------------------~ Capaciiy(ies) C lmed by Signer(s) Sign~r·s Nam . _____________ Signer~s Name: ____________ _ o Corporat Officer -Title(s): · D Corporate Officer -Title(s): ______ _ D Partne -D Limited D General . D Partner-D Limited D General o Ind· · ual o Attorney in Fact · o Individual o Attorney in Fact o Tr tee [] Guardian of Conservator o Trustee o Guardian oi Conservator D her: D Other: gner i's Representing:. _ _c ___ ;_ ___ _ Signer is Representing: _________ _ ~~~~-s!mir,@m.ro®li8ttb1ll~i':-l1&r~~IUR(.S:f!.t!i8IBffSmR:fil3'flffiifil:@mtm&,mm::g:g&rn,~~~~ ©2017 National Notary Assoclaflon CIVIL CODE § 1189 CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT ~~wim~~S$~~~ A notary public or other officer co·mpleting tliis certificate verifies only the identity ol 1he individual who signed the dOtument io which ihis certificate is attached, and not the trutlifulness, accuracy, or validity of that document. · . State o!Californla } County of O 'fll,oc/- On 1'J0\/e"CM-e,( 1 '2.ol7 before me, _J..L&t..._'.b.1-·,;;:-,u\o:uo,.,.__,L,d<.Jf«<!.-.,~""-r· .. ,a...,l\~).,o.\.."'""'<..'t:i-1'1_,.,u""~"'-"''L...,___~ · Date' · Here Insert Name mul Tltle of the i5mr;er personally appeared @Se¢,-. M. hv,,"\di Q,,/10 · Noi11e(s) of Slgner(s) . who proved to me on the b/lsis of satisfactdry evidenc<i to be tlie perspn{sl whose name(sJ1s/""" subscribed to the within i.nstru111ent and acknowledged to me that he/slie,'lhey executed the same in his/la,crfli •ei1 authoriied capacily(les), and that by his/A&r/!heir signature(s) on the instrument the person{s), ·at.the entity upon behalf d which the person{s) acted, executed the ·instrument. 1·· -~ ... ~A;,S;~p~ •• f ; " Notary Public-Cal.ifornla . : 2 · · Orang~ County iE Commission# 2204807 ... . MyComm.ExpiresAug 10,2021 . · Place Notary Seel arid/or Stom"p Above J certify under PENALTY bF PERJURY undtir the laws of the State of carlfomla that the foregoing paragraph is true and correct WITNESS my hand and officia·I seal. · OPTIONAL <:;omple_ting UJis in~rmatiOn can-deter alterplion of the document qr frauduleQt reattachment of this form ·to an ui,intended document Description of .Attached Document Trtle or Type of Document: --~---------------c,,-""-'-------,------ DotumentDate: ___ ,---____ ____.: ______ _c---=-"""',::_- Sjgner(s) OtherThan Named Above:--,------::;..-"'::..... _____ ____.: ___ ~--~- .caj,aclty(les) (;!aimed l>y Slgner(s) Signer's Name: '--c~-'-----,-----,,,.,;::,:....__ Signer's Name: -~-'----~----- 0 Corporate Officer -Title{s): .. o Corporate Officer -Title(s): ______ _ o Partner-D Limited· D G D Partner -o limited D General o Individual Attorney in Fact o Individual o ·Attorney In Fact o Trustee o·GuardianofConservator o Trustee. o GuardianoiConservator D Other( IJ Olher. _____________ _ Sign • Representing: Signer is Representing: _________ _ . ' . . l"8&..i1~fu!il'd2f.u~~~~~~~qs;w.,gn:.ph#¢•M@,,*-w.~~ ©2017 NaUonal Notary Assoclaifon STATE OF OREGON ) ) ss. County of Multnomah ) The foregoing instrument was acknowledged before me this 9th day of November, 2017 by Carole S. Laughlin. Trustee. OFFICIAL STAMP RITA-KAY BELL NOTARY PUBUC-OREC.ON COMMISSION NO. 933569 MY COMMISSION EXPIRES OCTOBER 27, 2018 I Notary Public for Oregon My commission expires: / 0-~7---JS EXHIBIT "A" Laughljn Property . The real property In Quttcla(m OeecJ recorded July 22, 2010 as Dooumenl No. 2010-0369792, In lhe OfflC!l of !he Cc,unly Recorder of San Diego County, Callfornla, more pllrtlcularly described as THAT PORTION OF TRACT NO. 2 OF LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN OIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, Fll!:O IN THI: Oi"FICI: OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN Tl-IE EASTERLY LINE OF SAID TRACT NO. 2, DISTANT THEREON NORTH 0"02' WEST, 380 FEET FROM THE POINT OF INleRSECTlON OF THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE WITH THE CENTER LINE OF THE COUNTY ROAD, AS SAID ROAD IS SHOWN ON SAID MAP NO. 1719, SAID POINT OF BEGINNING BEING ALSO THE SOUTHeASTl:RLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE Of' CALIFORNIA, RECORDED NOVEMBER 27, 1951 IN BOOK 4302, PAGE 242 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID STATE OF CALIFORNIA LAND AS FOLLOWS: ,NORTH 33'60'29" WEST, 300.39 FE:ET; NORTH 28'31'16" WEST 151.34 FEET; NORTH 38°36'38" Wl:ST, 68.45 FEET; THENCE NORTH 0'03'21" WEST, 72.62 FEET TO A PONT IN THE SOUTHERI. Y LINE OF THE . COUN1Y ROAD SURVEY NO, 843, FILED IN THE OFFICE OF THE C.OUNTY SURV!:YOR OF SAN DIEGO COUNTY; THENCE NORTH 0903'2.1" WESl, 32,74 FEET"; MORE OR · LESS, TO A POINT IN THE CENTER LINE OF SAID COUNTY ROAD; THENCE EASTERLY LEAVING SAID STATE OF CALIFORNIA LAND ANO ALONG SAID CENTER LINE TO THE EASTERLY LINE OF SAID TRACT NO. 2; THENCE: SOUTHERLY ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. EXCEPTING iHEREFROM THAT PORrlON DEEDED TO Tf-lE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES, RECORDED JANUARY 15, 1968, SERIES 9,.BOOK 1968, FILE/PAGE NO. 7229. Commonly krtown as vaoant resldenllal land In Carlsbad, canrornla. APN; 1ae-as1-01-oo 03696610000418290346V I 0