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Home My WebLink AboutPUD 13-06D; ROBERTSON RANCH PA 5; Planned Unit Development - Non-Residential (PUD)( City of Carlsbad LAND USE REVIEW APPLICATION P-1 0 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Coastal Development Permit (*) D Minor D Conditional Use Permit (*) D Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit (*) D Minor D Nonconforming Construction Permit (jJ Planned Development Permit D Minor (jJ Residential D Non-Residential D Amendment Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Minor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) rvuo 13-DC"D D General Plan Amendment D Local Coastal Program Amendment (*) D Master Plan D Amendment D Specific Plan D Zone Change (*) 0Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ,,. ASSESSOR PARCEL NO(S).: PROJECT NAME: -010-41 -':X)8-o, o-4:l( Robertson Ranch PA 5 Planned Development Permit Amendment BRIEF DESCRIPTION OF PROJECT: Construction of 36 single family homes on 36 existing single family lots (PA 5) BRIEF LEGAL DESCRIPTION: Lots 25 through 60 of CT 13-03-2 (PA 5) LOCATION OF PROJECT: Robertson Ranch West Village STREET ADDRESS ON THE: north ~~~~~~~~~~~~-(NORTH, SOUTH, EAST, WEST) BETWEEN Cannon Road (NAME OF STREET) P-1 SIDE OF El Camino Real (NAME OF STREET) AND Tamarack Ave. (NAME OF STREET) Page 1 of 6 OWNER NAME (Print): Rancho Castera LLC MAILING ADDRESS: 725 w. Town & Country Rd. #200 CITY, STATE, ZIP: Orange, CA 92868 T8-EPHONE: (760) 720-5485 EMAIL ADDRESS: gdeacon@tollbrothersinc.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURP OF~ION. 0 APPLICANT NAME (Print): Rancho Castera LLC MAILING ADDRESS: 725 w. Town & Country Rd. #200 CITY, STATE, ZIP: Orange, CA 92868 TELEPHONE: (760) 720-5485 ~~~~~~~~~~~~~ EMAIL ADDRESS: gdeacon@tollbrothersinc.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. APPLICANT'S REPRESENTATIVE (Print): Paul J. Klukas; PLANNING SYSTEMS ~~~~~~~~~~~~~~~~~~~~~~~~~~~ MAILING ADDRESS: 1530 Faraday Ave. #100 CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: (760) 931-0780 x104 EMAIL ADDRESS: pklukas@planningsystems.net I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KN::EDGE. ~~')~ 'I SIGNATURE -DA_T_,E'--'------t IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE L AND Bl~ESSORS IN INTEREST. ERTY OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of6 SEP O 9 2015 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 07/15 • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111~1111111!1111111111111111111111111111111111111 Applicant: TOLL BROTHERS INC Description Amount GR140024 328,874.31 5056 EL CAMINO REAL CBAD Receipt Number: R0112044 Transaction ID: R0112044 Transaction Date: 10/02/2015 Pay Type Method Description Amount Payment Check 9634839 328,874.31 City of Carlsbad Faraday Center Faraday Cashiering 001 1527501-2 10/02/2015 149 Fri, Oct 02, 2015 02:17 PM Receipt Ref Nbr: R1527501-2/0028 PERMITS -PERMITS Tran Ref Nbr: 152750102 0028 0028 Trans/Rcpt#: R0112044 SET#: GR140024 Amount: Item Subtotal: Item Tota 1: ITEM(S) TOTAL: Check (Chk# 09634839) Total Received: Have a nice day! 1@ $328,874.31 $328,874.31 $328,874.31 $328,874.31 $328,874.31 $328,874.31 **************CUSTOMER COPY************* Transaction Amount: 328,874.31 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 (OS4R0111505) Applicant: RANCHO COSTERO LLC Description Amount PUD1306D 26.46 Receipt Number: R0111505 Transaction ID: R0111505 Transaction Date: 09/11/2015 Pay Type Payment City of Carlsbad Faraday Center Check Faraday Cashiering 001 1525401-2 09/11/2015 149 Fri, Sep 11, 2015 02:08 PM Method Receipt Ref Nbr: R1525401-2/0045 PERMITS -PERMITS Tran Ref Nbr: 152540102 0045 0051 Trans/Rcpt#: R0111505 SET#: PUD1306D Amount: Item Subtota 1 : Item Tota 1: ITEM(S) TOTAL: Check (Chk# 003119) Total Received: Have a nice day! 1@ $26.46 $26.46 $26.46 $26.46 $26.46 $26.46 **************CUSTOMER COPY************* Description Amount 26.46 Transaction Amount: 26.46 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111111!111111111111~1111111111111111~111111111111111111 Applicant: RANCHO COSTERO LLC Description Amount PUD1306D 8,835.00 Receipt Number: R0111444 Transaction ID: R0111444 Transaction Date: 09/09/2015 Pay Type Method Payment Credit Crd VISA City of Carlsbad Faraday Center Faraday Cashiering 001 1525201-2 09/09/2015 149 Wed, Sep 09, 2015 03:18 PM Receipt Ref Nbr: R1525201-2/0044 PERMITS -PERMITS Tran Ref Nbr: 152520102 0044 0063 Trans/Rcpt#: R0111444 SET#: PUD13060 Amount: Item Subtota 1 : Item Tota 1: ITEM(S) TOTAL: 1@ $8,835.00 $8,835.00 $8,835.00 $8,835.00 Credit Card (Auth# 004674) $5,000.00 Credit Card (Auth# 006133) $3,835.00 Total Received: $8,835.00 Have a nice day! **************CUSTOMER COPY************* Description Amount 8,835.00 Transaction Amount: 8,835.00 0 0 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111111111111111111111111111111111111111111111111111111111111 Applicant: RANCHO COSTERA LLC Description Amount PUD1306C 8,664.00 5056 EL CAMINO REAL CBAD Receipt Number: R0108916 Transaction ID: R0108916 Transaction Date: 05/11/2015 Pay Type Payment City of Carlsbad Faraday Center Cash Faraday Cashiering 001 1513101-2 05/11/2015 149 Method Mon, May 11, 2015 03:13 PM Receipt Ref Nbr: R1513101-2/0054 PERMITS -PERMITS Tran Ref Nbr: 151310102 0054 0065 Trans/Rcpt#: R0108916 SET#: PUD1306C Amount: Item Subtota 1 : Item Total: ITEM(S) TOTAL: 1 @ $8,664.00 $8,664.00 $8,664.00 $8,664.00 Credit Card (Auth# 027291) $5,000.00 Credit Card (Auth# 027786) $3,664.00 Total Received: $8,664.00 Have a nice day! **************CUSTOMER COPY************* Description Amount 8,664.00 Transaction Amount: 8,664.00 \ 11. I~ •• ,,._ 0 (city of Carlsbad DISCLOSURE STATEMENT P-1{A) Development Services Planning Division 1635 Faraday Avenue (760} 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.· Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS-OWN-MORE THAN-10% OFTRE-SHARE~PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N/A Corp/Part Rancho Castera LLC Title Title N/ A --------------Address. _________ _ Address 250 Gibraltar Rd, Horsham, PA 19044 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N/A Corp/Part Rancho Castera LLC Title Title N/A ·-------------- Address Address 250 Gibraltar Rd, Horsham, PA 19044 ---------~ Page 1 of 2 Revised 07/10 C 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust ---------- Title Title ------------~ Address _________ _ Address. ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes l"I No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ~ ~ 'f.t.io~ ~ ~ 'f z..1o1s Signature of owner/date Signature of applicant/date Greg Deacon of Rancho Costera LLC Print or type name of owner Greg Deacon of Rancho Costera LLC Print or type name of applicant Signature of owner/applicant's agent if applicable/date Paul J. Klukas of Planning Systems Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 Name: Title: Address: Name: Title: Address: Name: Title: Address: CITY OF CARLSBAD DISCLOSURE STATEMENT P-l(A) Shapell Land Company, LLC Sole Member of Rancho Costera LLC 250 Gibraltar Road Horsham, PA 19044 Shapell Industries, Inc. Sole Member ofShapell Land Company, LLC 250 Gibraltar Road Horsham, PA 19044 Toll CA Holdings, Inc. Sole Stockholder of Shapell Industries, Inc. 250 Gibraltar Road Horsham, PA 19044 The proposed project involves application for approval of site plan layout and architecture design for 36 single family dwelling units on 36 existing single family lots in Robertson Ranch Planning Area 5. The existing lots are 8,500 square foot in area or greater. The proposed application is an amendment to the PD Permit for the planning area to confirm approval of the house designs. This is a requirement of the Robertson Ranch Master Plan. The proposed architecture involves three floor plans with three architectural styles; Mission, Italian Tuscany, and English Country. The project plans include porches, courtyards and outdoor California luxury rooms. The plans are consistent with the Robertson Ranch Master Plan. Ccicyof Carlsbad EIA INFORMATION FORM P-1(D) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1(0) Page 1 of4 Revised 07/1 O ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: C\ ..... °\ --\ S (To be completed by City) Application Number(s): -P U D l?J-0 (o l.D) General Information 1. Name of project: Robertson Ranch PA 5 Architecture 2. Name of developer or project sponsor: Rancho Castera LLC Address: 725 W. Town & Country Rd. #200 City, State, Zip Code: Orange, CA 92868 Phone Number: (760) 720-5485 3. Name of person to be contacted concerning this project: Paul J. Klukas Address: 1530 Faraday Ave. #100 City, State, Zip Code: Carlsbad, CA 92008 Phone Number: (760) 931-0780 X 104 4. Address of Project: ----------------------- Assessor's Parcel Number: 208-01 0-44-00 5. ------------------~ ~ist a~d describe any other related permits and other public approvals required for this project mcludmg those required by city, regional, state and federal agencies: ' PUD Amendment 6. Existing General Plan Land Use Designation: RLM --------------~ 7. Existing zoning district: P-C -------------------~ 8. Existing land use(s): Vacant, Graded ~~~~~~~~~~~~~~~~~~- 9. Proposed use of site (Project for which this form is filed): Single-family Homes Project Description 10. Site size: _9_._7_a_c_r_e_s ____________________ _ 11. Proposed Building square footage: 3,233 SF to 4,831 SF 12: Number of floors of construction: 1 and 2 ------------------ 13. Amount of off-street parking provided: 2 & 3 car garages; 2 Car driveway 14. Associated projects: CT 13-03 ~~~~~~~~~~~~~~~~~~- P-1(0) Page 2 of4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _________ _ 36 single-family homes 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: --------------------- 17. If industrial, indicate type, estimated employment per shift, and loading facilities: ------ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: -------- 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: __ · ------------------ N/ A P-1(0) Page 3 of4 Revised 07/10 ,,,,..,,,. Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D 0 roads. 22. Change in pattern, scale or character of general area of project. D 0 23. Significant amounts of solid waste or litter. D 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D 0 27. Site on filled land or on slope of 10 percent or more. D 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, D 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D 0 31. Relationship to a larger project or series of projects. D 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. · Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Dale: '::)~Ii}-! ~i,'lL 'it, 1-lS" Signature: ~ {Jd-. w;, t>i?&.-o..J -A ~~r v,r.£ rM _ For: ~ ~~lt:n:A: U c.c P-1 (D} Page 4 of4 Revised 07/10 Robertson Ranch PA 5 Sheet to accompany EIA 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site and the use of the structures. The project is presently in a graded condition. The topography is in accordance with the approved subdivision map for the property. No plants presently occur on the property. Soil stability has been monitored by the grading geologist. No cultural or historical aspects of the site exist as all have been mitigated. No structures exist on the site. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of/and use (residential, commercial, ets.), intensity of/and use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, setback, rear yard etc.). The surrounding property is developed to the north, open space to the west and east and graded the south. The surrounding open space property is generally protected open space, including coastal sage scrub. Single family homes exist across Tamarack Ave. several hundred feet to the west of the subject site. ·'""" '-' ~ Cl TA Preliminary Report Form Order Number: OSA-4512705 (rh) (Rev. 11/06) Greg Deacon Toll Brothers Inc Page Number: 1 Updated 9-8-2015 First A.mericaa Dtle First American Title Company 4380 La Jolla Village Drive, Ste 200 San Diego, CA 92122 725 W Town & Country Road, Suite 200 Orange, CA 92868 Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Property: Carlsbad Tract No. 13-03-2 OSA-4512705 (rh) Ranny Harper (858)410-1308 (714)913-6838 rharper@firstam.com Vacant Land Carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CL TA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. First American Title I ~ ....,, Order Number: OSA-4512705 (rh) Page Number: 2 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. First American Title "" Order Number: OSA-4512705 (rh) Page Number: 3 Dated as of September 3, 2015 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: Subdivision Report A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: RANCHO COSTERA LLC, A DELAWARE LIMITED LIABILITY COMPANY The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. 2. Intentionally Deleted 2a. Intentionally Deleted 2b. Intentionally Deleted 2c. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District 1, as disclosed by Notice of Special Tax Lien recorded May 20, 1991 as Instrument No. 91-0236959 of Official Records. 2d. The land lies within the boundaries of pending assessment District No. 2003-01 (College Boulevard and Cannon Road East), as disclosed by an assessment district map recorded September 17, 2003 as Instrument No. 2003-1140382 of Official Records. Document(s) declaring modifications thereof recorded August 11, 2010 as Instrument No. 2010- 0413990 of Official Records. The terms and provisions contained in the document entitled "Special Assessment District Disclosure Agreement" recorded October 6, 2003 as Instrument No. 2003-1229942 of Official Records. First American Title ,P11>•,, 'wl Order Number: OSA-4512705 (rh) Page Number: 4 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. An easement for pipeline and incidental purposes, recorded July 11, 1930 as Instrument No. 33022 in Book 1796 of Deeds, Page 142. In Favor of: Oceanside Municipal Water Company Affects: As described therein The location of the easement cannot be determined from record information. 5. An easement for the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of El Camino Real and incidental purposes, recorded March 10, 1936 as Instrument No. 16633 in Book 479, Page 341 and June 12, 1936 as Instrument No. 33744, in Book 521, Page 230, both of Official Records. In Favor of: County of San Diego Affects: As described therein The location of the easement cannot be determined from record information. 6. Intentionally Deleted 7. An easement for public utilities and incidental purposes, recorded November 27, 1951 as Instrument No. 143719 in Book 4302, Page 427 of Official Records. In Favor of: San Diego Gas and Electric Company Affects: As described therein The location of the easement cannot be determined from record information. 8. An easement for public utilities and incidental purposes, recorded June 1, 1953 as Instrument No. 74511 in Book 4874, Page 143 of Official Records. In Favor of: San Diego Gas and Electric Company Affects: As described therein 9. An easement for public utilities and incidental purposes, recorded June 1, 1953 as Instrument No. 74512 in Book 4874, Page 148 of Official Records. In Favor of: San Diego Gas and Electric Company Affects: As described therein 10. An easement for a pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances including but not limited to conduits and cables for power transmission and communication and incidental purposes, recorded June 16, 1961 as Instrument No. 96185 of Official Records. In Favor of: Affects: carlsbad Municipal Water District As described therein First American Title "w/1 Order Number: OSA-4512705 (rh) Page Number: 5 11. An easement for public utilities and incidental purposes, recorded June 16, 1966 as Instrument No. 98887 of Official Records. In Favor of: Affects: San Diego Gas and Electric Company As described therein 12. An easement for drainage channel and incidental purposes, recorded March 12, 1970 as Instrument No. 44687 of Official Records. In Favor of: Affects: County of San Diego As described therein The location of the easement cannot be determined from record information. 13. An easement for public utilities and incidental purposes, recorded November 20, 1970 as Instrument No. 213363 of Official Records. In Favor of: Affects: San Diego Gas and Electric Company As described therein The location of the easement cannot be determined from record information. 14. An easement for drainage and incidental purposes, recorded July 2, 1974 as Instrument No 74- 177855 of Official Records. In Favor of: City of Carlsbad Affects: As described therein 15. An easement shown or dedicated on the map filed or recorded December 16, 1980 as Carlsbad Tract No. 76-12 calavera Hills as Map No. 9935 of Maps For: Sewer and incidental purposes. 16. An easement shown or dedicated on the map filed or recorded December 16, 1980 as Carlsbad Tract No. 76-12 Calavera Hills as Map No. 9935 of Maps For: Open space and incidental purposes. 17. The following recital as contained on Map No. 9935: Note: The Lots in this subdivision are in proximity to a sewage treatment plant, and may from time to time be subject to unpleasant sewage odors emanating from the treatment plant, use and enjoyment of lots shall be subject to the City's right to operate the plant. 18. Intentionally Deleted 19. An easement for a drainage easement for maintenance and access and incidental purposes, recorded May 20, 1985 as Instrument No. 85-176497 of Official Records. In Favor of: City of Carlsbad Affects: Lot 140 20. Intentionally Deleted First American Title 21. Intentionally Deleted 22. Intentionally Deleted . ._; Order Number: OSA-4512705 (rh) Page Number: 6 23. The terms and provisions contained in the document entitled "Parkland Agreement for the Robertson Ranch Master Plan" recorded January 31, 2007 as Instrument No. 2007-0066979 of Official Records. 24. The terms and provisions contained in the document entitled "Parkland Purchase Agreement" recorded January 31, 2007 as Instrument No. 2007-0066990 of Official Records. 25. Intentionally Deleted 26. Intentionally Deleted 27. Intentionally Deleted 28. Intentionally Deleted 29. Intentionally Deleted 30. Intentionally Deleted 31. Intentionally Deleted 32. Intentionally Deleted 33. Intentionally Deleted 34. Intentionally Deleted 35. An easement for public drainage and access and incidental purposes, recorded June 8, 2007 as Instrument No. 2007-0388772 of Official Records. In Favor of: City of Carlsbad Affects: As described therein 36. The terms and provisions contained in the document entitled "Deed Restriction" recorded June 14, 2007 as Instrument No. 2007-0404419 of Official Records. 37. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded December 19, 2007 as Instrument No. 2007-0781702 of Official Records. 38. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded December 19, 2007 as Instrument No. 2007-0781703 of Official Records. 39. The terms, provisions and easement(s) contained in the document entitled "Conservation Easement Deed" recorded December 21, 2007 as Instrument No. 2007-0786167 of Official Records. First American Title ------~-· . ....,,, Order Number: OSA-4512705 (rh) Page Number: 7 40. The terms and provisions contained in the document entitled "Memorandum of Management and Funding Agreement (Robertson Ranch West Village)" recorded December 21, 2007 as Instrument No. 2007-0786169 of Official Records. 41. An easement for open space and incidental purposes, recorded January 16, 2008 as Instrument No. 2008-0021749 of Official Records. In Favor of: City of Carlsbad Affects: As described therein Terms and provisions contained in the above document. 42. An easement for public pedestrian trail and incidental purposes, recorded June 16, 2008 as Instrument No. 2008-0322654 of Official Records. In Favor of: City of Carlsbad Affects: As described therein 43. Intentionally Deleted 44. Intentionally Deleted 45. Intentionally Deleted 46. Intentionally Deleted 47. Intentionally Deleted 48. Intentionally Deleted 49. Intentionally Deleted 50. Intentionally Deleted 51. Intentionally Deleted 52. Intentionally Deleted 53. The terms and provisions contained in the document entitled Construction License Agreement recorded April 5, 2012 as Instrument No. 2012-0198551 of Official Records. 54. Intentionally Deleted 55. The terms and provisions contained in the document entitled "Deed and Declaration Establishing Easement Rights and Cost Sharing (RV Storage Facility)" executed by and between Calavera Hills II LLC, a California limited liability company, The Foothills at Carlsbad Homeowners Association, a California nonprofit mutual benefit corporation and Rancho Castera, LLC, a Delaware limited liability company recorded February 6, 2014 as Instrument No. 2014-0052707 of Official Records. First American Title -/ '-' Order Number: OSA-4512705 (rh) Page Number: 8 56. The terms and provisions contained in the document entitled "Memorandum of Agreement" recorded February 7, 2014 as Instrument No. 2014-0052901 of Official Records. 57. The terms and provisions contained in the document entitled "Hold Harmless Agreement Panhandle Lots" recorded July 10, 2015 as Instrument No. 2015-0363596 of Official Records. 58. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geologic Failure" recorded July 10, 2015 as Instrument No. 2015-0363597 of Official Records. 59. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded July 10, 2015 as Instrument No. 2015-0363598 of Official Records. 60. The terms and provisions contained in the document entitled "Permanent Stormwater Quality Best Management Practice Maintenance Agreement" recorded July 10, 2015 as Instrument No. 2015-0363599 of Official Records. 61. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded July 30, 2015 as Instrument No. 2015-0402531 of Official Records. 62. Water rights, claims or title to water, whether or not shown by the public records. First American Title _,, Order Number: OSA-4512705 (rh) Page Number: 9 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of title insurance but a report to facilitate the issuance of a policy of title insurance. For purposes of policy issuance, items None may be eliminated on the basis of an indemnity agreement or other agreement satisfactory to the Company as insurer. 2. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $191,576.88, PAID Penalty: $0.00 Second Installment: $191,576.88, PAID Penalty: $0.00 Tax Rate Area: 09162 A. P. No.: 208-010-44-00 Affects: The land and other property. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title ~ Order Number: OSA-4512705 (rh) Page Number: 10 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of california, described as follows: A PORTION OF PARCEL 1 OF CERTIFICATE OF COMPLIANCE CE 13-07, RECORDED FEBRUARY 19, 2014 AS INSTRUMENT NO. 2014-0067828 OF OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE, HEREON REFERRED TO AS REC 1; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID REC 1, SOUTH 01 °49'13" WEST 1600.95 FEET; THENCE LEAVING SAID EAST LINE, SOUTH 62°27'54" WEST 76.17 FEET, SOUTH 54°49'02" WEST 135.16 FEET, SOUTH 49°55'15" WEST 38.74 FEET, SOUTH 60°03'58" EAST 8.37 FEET, SOUTH 47°45'30" WEST 26.08 FEET, SOUTH 43°38'59" WEST 51.49 FEET, SOUTH 37°11'57" WEST 45.52 FEET, TO A POINT ON THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED MAY 11, 2009 AS DOCUMENT NO. 2009-0247694; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LAND, NORTH 60°03'58" WEST 26.09 FEET TO THE NORTHERN POINT OF SAID LAND; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LAND, SOUTH 37°29'54" WEST 15.91 FEET, SOUTH 33°16'42" WEST 30.06 FEET, SOUTH 31 °34'45" WEST 28.46 FEET, SOUTH 28°24'53" WEST 27.22 FEET, SOUTH 23°51'09" WEST 26.06 FEET, SOUTH 20°12'37" WEST 24.51 FEET, SOUTH 17°48'20" WEST 25.83 FEET, SOUTH 16°39'11" WEST 22.22 FEET, SOUTH 00°08'16" EAST 4.75 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE IRREVOCABLE OFFER TO DEDICATE RECORDED AUGUST 14, 2008 AS DOCUMENT NO. 2008-0435946 OF OFFICIAL RECORDS AND ACCEPTED BY A RESOLUTION RECORDED JULY 20, 2011 AS DOCUMENT NO. 2011-0368561 OF OFFICIAL RECORDS, HEREON REFERRED TO AS REC 4; THENCE ALONG THE BOUNDARY OF SAID REC 4, SOUTH 00°08'16" EAST 44.78 FEET, SOUTH 18°45'11" WEST 24.61 FEET, SOUTH 18°09'31" WEST 38.98 FEET, SOUTH 15°31'28" WEST 44.23 FEET, SOUTH 15°10'38" WEST 29.09 FEET, SOUTH 19°31'13" WEST 37.42 FEET, SOUTH 19°07'34" WEST 53.80 FEET, SOUTH 14°46'21" WEST 24.34 FEET, SOUTH 19°58'08" WEST 24.56 FEET, SOUTH 27°25'50" WEST 25.25 FEET, SOUTH 33°03'11" WEST 24.91 FEET, SOUTH 32°17'19" WEST 96.78 FEET, SOUTH 15°12'28" WEST 17.77 FEET, SOUTH 08°38'23" WEST 16.96 FEET, SOUTH 02°15'56" WEST 21.18 FEET, SOUTH 04°18'02" EAST 20.65 FEET, SOUTH 14°14'32" EAST 17.42 FEET, SOUTH 29°19'05" EAST 12.21 FEET, SOUTH 43°06'27" EAST 20.44 FEET, SOUTH 53°39'29" EAST 20.48 FEET, SOUTH 53°12'20" EAST 26.23 FEET, SOUTH 56°45'45" EAST 37.20 FEET, SOUTH 55°54'54" EAST 36.13 FEET, SOUTH 54°34'57" EAST 39.70 FEET, SOUTH 53°39'53" EAST 41.98 FEET, SOUTH 48°32'37" EAST 23.08 FEET, SOUTH 52°18'59" EAST 29.91 FEET, SOUTH 52°16'51" EAST 35.98 FEET, SOUTH 51°08'56" EAST 43.67 FEET, SOUTH 48°14'56" EAST 8.42 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED AUGUST 14, 2008 AS DOCUMENT NO. 2008- 0435947 OF OFFICIAL RECORDS, HEREON REFERRED TO AS REC 3; THENCE ALONG THE WEST LINE OF SAID REC 3, SOUTH 48°14'56" EAST 30.47 FEET, SOUTH 47°48'32" EAST 40.97 FEET, SOUTH 47°32'57" EAST 32.41 FEET, SOUTH 50°39'48" EAST 46.12 FEET, SOUTH 48°53'42" EAST 21.99 FEET, SOUTH 66°28'18" EAST 16.06 FEET, SOUTH 47°17'11" EAST 71.12 FEET TO A POINT ON THE EAST LINE OF REC 1; THENCE ALONG SAID EAST LINE, SOUTH 25°45'09" WEST 90.12 FEET, SOUTH 23°38'10" WEST 109.80 FEET TO THE SOUTHEAST CORNER OF REC 1; THENCE ALONG THE SOUTH LINE OF REC 1, NORTH 82°41'45" WEST 72.17 FEET, SOUTH 32°50'45" WEST 16.78 FEET TO THE BEGINNING OF A NON-TANGENT 6855.31-FOOT CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 25°35'19" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°59'05" AN ARC DISTANCE First American Title ....., Order Number: OSA-4512705 (rh) Page Number: 11 OF 476.75 FEET; THENCE NORTH 60°25'37" WEST 449.43 FEET TO THE BEGINNING OF A TANGENT 2045.09-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31 °40'36" AN ARC DISTANCE OF 1130.65 FEET; THENCE SOUTH 87°53'47" WEST 761.88 FEET TO THE BEGINNING OF A TANGENT 1555.07- FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43°01'37" AN ARC DISTANCE OF 1167.80 FEET; THENCE NORTH 49°04'36" WEST 511.31 FEET TO THE BEGINNING OF A TANGENT 2045.09-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°23'02" A DISTANCE OF 192.17 FEET; THENCE RADIAL TO SAID CURVE NORTH 35°32'22" EAST 55.00 FEET; THENCE NORTH 44°46'29" WEST 132. 79 FEET TO THE SOUTHWEST CORNER OF REC 1; THENCE NORTHERLY ALONG THE WEST LINE OF REC 1, NORTH 31 °58'59" EAST 69.52 FEET, NORTH 36°59'55" EAST 92.46 FEET, NORTH 42°43'42" EAST 92.46 FEET, NORTH 48°33'11" EAST 92.75 FEET, NORTH 63°32'50" EAST 92.35 FEET, NORTH 47°45'28" EAST 94.49 FEET, NORTH 78°10'09" EAST 93.72 FEET, NORTH 77°37'25" EAST 91.01 FEET, NORTH 77°03'12" EAST 89.97 FEET, NORTH 64°38'40" EAST 96.25 FEET, NORTH 85°05'13" EAST 96.38 FEET, NORTH 89°38'33" EAST 100.00 FEET, NORTH 88°57'30" EAST 100.13 FEET, NORTH 85°59'03" EAST 106.46 FEET, SOUTH 86°41'38" EAST 110.56 FEET, NORTH 61 °28'22" EAST 110.57 FEET, NORTH 66°17'10" EAST 106.20 FEET, NORTH 60°39'47" EAST 105.87 FEET, NORTH 54°42'29" EAST 104.85 FEET, NORTH 55°38'48" EAST 99.66 FEET, NORTH 58°26'48" EAST 100.12 FEET, NORTH 58°21'19" EAST 100.18 FEET, NORTH 55°29'19" EAST 99.96 FEET, NORTH 52°36'33" EAST 100.20 FEET, NORTH 51 °40'56" EAST 103.75 FEET, NORTH 48°32'08" EAST 104.73 FEET, NORTH 43°05'39" EAST 104.95 FEET, NORTH 41 °41'52" EAST 101.54 FEET, NORTH 41°25'43" EAST 100.09 FEET, NORTH 38°31'19" EAST 99.98 FEET, NORTH 37°50'23" EAST 106.35 FEET TO THE NORTHWEST CORNER OF REC 1; THENCE EASTERLY ALONG THE NORTH LINE OF REC 1, SOUTH 89°18'59" EAST 1688.99 FEET; THENCE LEAVING SAID NORTH LINE, NORTH 53°53'49" WEST 173.74 FEET TO THE BEGINNING OF A TANGENT 470.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°58'25" AN ARC DISTANCE OF 49.00 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 89°18'59" EAST 20.54 FEET, SOUTH 57°39'03" EAST 249.77 FEET TO A POINT ON THE NORTH LINE OF REC 1, SAID LINE ALSO BEING THE SOUTH LINE OF SAID LOT 140 OF MAP NO. 9935; THENCE EASTERLY ALONG SAID LINE, SOUTH 89°18'59" EAST 346.33 FEET TO THE POINT OF BEGINNING. APN: 208-010-44-00 First American Title 09 Q I ~ I\/ -~~ ~~ ;;i~ao:I IDQ.~ ~~~ ooo Z(J)(!)I ,.;ff3~ ~ _,en is~-m .ml ...,. ~~f§I h :::l ~:CZ ~~QI ~ .~, ri· WwO ~ :. :,: a:, ~I-~ WIL ~ eno....1 ~>c'i! <'ii" !11 ~~;= a.w> w:,:....1 "'>-Q. Q. :;; en"' - !~ol ~~z en:,> ~;~ DETAIL "D" -1" = 200' DETAIL "E" @ ~EWo'llls ~_JlY BOOK 208 PAGE 01 'i> $'9 DETAIL "F" 1"=200' A· BUCKINGHAM LN. B • TRAFALGIIR LN. C • PlCAOILLY CT. D • CHELSEA CT. E -SOUTHAMPTON RD. F-SN'O'l'lffll.ffl.lJI G-S1rfl'UIJl.56 H-wtrll'WIJ.58 1-SJf'll12'W«l:11 J-s.fll:lnl'Tl.Jl 111.tZ -~" .,, .. , Mt.OS ""' ~ Qv SHT 2 POR. LOT E ~ ~~ .. , ; .,, .. .,• @) ... ::l' DETAIL •c" ,·-200· 3'.81 N04°5G'1W ·' .<'f K.S-~11. 208-01 t 1"=800' rjJ "NW25'1tJW s.t 15 DETAIL "G" NO SCALE 09/04/2013 JGD VOID I I 4 . ~J· ~~ '::¥ti¥;t· I I /f I'' £17fl ... ICANC MAP 15780 -CARLSBAD TCT 07-03-ROBERTSON RANCH EAST VILLAGE PLANNING AREA 14 MAP 11584-CARLSBAD TCT NO 84-14 UNIT NO 3 MAP 9935 -CARLSBAD TCT NO. 76-12 -POR LOT 140 MAP 823-RANCHO AGUA HENDIONDA MM 231, ROS 8927, 17111 -u 0 w a I.C (1) (1) ... ~ ~() 3 3 -O" O" (1) (1) ::""! ::""! I-" 0 N Ul )> I ~ u, I-" N -..J 0 u, ......... ... ::J" ......, "'"' ""' Order Number: OSA-4512705 (rh) Page Number: 13 NOTICE Section 12413.1 of the california Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. First American Title ,,,. .. ,,,, "'111 Order Number: OSA-4512705 (rh) Page Number: 14 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) 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; (d) improvements on the Land; (b) zoning; (e) land division; and ( c) land use; (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; ( 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. 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. Your Deductible Amount Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less) Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1 % of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1 % of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land ( c) and division ( d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. First American Title ----------------------------1--------- -....,,, Order Number: OSA-4512705 (rh) Page Number: 15 This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records ( c) that result in no loss to you ( d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POUCY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real _ property or by the Public Records; (b) proceedinqs by a public aqency that may result in taxes or assessments, or notices of such First American Title """""' Order Number: OSA-4512705 (rh) Page Number: 16 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. 2006 ALTA OWNER'S POUCY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. First American Title ALTA E~NDED COVERAGE RESIDENTIAL LOAN POUCY (~6-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses 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, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 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. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(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. First American Title ~ I FintAmerica Title Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal Information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guideline.s its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, Including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the Information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any Information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. Tois information Is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FlrstAm.com uses stored cookies. Toe goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize Its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate Information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form SO-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) (cicyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): Ii] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application ~ contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name:_R_a_n_c_h_o_C_o_s_te_r_a_L_L_C ___ _ Address: 725 W. Town & Country Rd. #200 Orange; GA 92868 Phone Number: (760) 720-5485 PROPERTY OWNER Name: Rancho Costera LLC Add 725 W. Town & Country Rd. #200 ress: _________ _ Orange, CA 92868 Phone Number: (760) 720-5485 Address of Site: Robertson Ranch Planning Area 5 Local Agency (City and County): City of Carlsbad' San Diego County Assessor's book, page, and parcel number:_2_1_8_-_0_1_0_-_4_1 ____________ _ Specify list(s):_N_/_A ________________________ _ Regulatory Identification Number:._N_f A ___________________ _ Date of List: N/A ---------------------------- -/-_~~ ___ ____,_.t....;:;..;..2-'~=.:.alf <-2:) ~ App~ature/Date Property Owner Signature/Date ~ca,o\ fAS,~1Ut (l.MJ~ Cit~,J.Le. ~~ ,~ ui~~ l>~C-Ou The Hazardous Waste and Substances Sites List (Cortese List} is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 02/13 (cicyof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760} 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-461 t5--- Applicant Signature: ~ Staff Signature: ---"'~~~"""'T"'""""-0)-:-~ 11=-iiu\---r-,--:-Ll-c...--4-Pt4i-..--b~-- Date: ct/ I /2ol~ To be stapled with receipt to the application P-1{E) Page 1 of 1 Revised 07/10