HomeMy WebLinkAboutPUD 15-14; PEACOCK LOT SPLIT;,.I.
Cats/of LAND USE REVIEW Development Services
Planning Division'
Carlsbad APPLICATION 1635 Faraday Avenue
•'P-1 (760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR:(CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY)Lealiontive permit.(FOR DEPT. USE ONLY)
E1 Coastal Development Permit (*)0 Minor 0 General Plan Amendment
•0 Conditional Use Permit (*)0 Local coastal Program Amendment (*)0 Minor 0 Extension .
O Day Care (Large),0 Master Plan 0 Amendment
O Environmental Impact Assessment 0 Specific Plan 0 Amendment---'
,
bHabitat Management Permit 0 Minor 0 Zone Change (*)
0 Hillside Development Permit (*)0 Minor 0 Zone Code Amendment
O Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits
Et/Pned Development Permit eMinor 0 Review Permit
Oa:Residential 0 Non-Residential Punt A 0 Administrative 0 Minor 0 Major
0 Planning Commission Determination
O Site Development Plan 0 Minor Village Review Ares Permits -
0 Special Use Permit 0 Review Permit
0 Administrative 0 Minor 0 Major
EiTentatIve Parcel Map (Minor Subdhrision)04421 I p
0 Tentative Tract Map (Major Subdivision)
O Variance -0 Minor (*) =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).:21c -29.64,27 -00 _
PROJECT NAME:feoteek zi/
$' 11'74 .
../BRIEF DESCRIPTION OF PROJECT://.'/'.'Ife......-.._..#. ...s -:Z ArfI A ai ....
NO 1141‘14+Ail Li IftlielLer %114;111."411$4.0.1n
.1 ••
BRIEF LEGAL DESCRIPTION:L 0/z35.#.1 24 eedt NaZoos-alut 44. 4 4....g .z4
As4_444.4 fkt vi4.....f..4.4 Are 46 k6i 4..-4114
'4:(.7
4.4..
‘ijliz:G f
LOCAT1b6N OF PROJECT:4 I -.1"e .els-C zo
STREET AD RESS
ON THE:kiss r SIDE OF nA)771.0116
(NORTH, SOUTH, EAST, WEST)(NAME OF STREET)
BETWEEN Z 1i cien .5-24 AND beja r'0. 574(NAMEOF STREET)(NAME OF STREET)
e -
.eefoofigi/7.4i-40cee*444.tecAft44-9 /f7p.Vckl i 6 Lti
CI 1 1=1..........1 ...SO 1=1"...le.e..4 1.1/47
•_.
OWNER NAtME (Print):PpAtocg geviretiLle Li.).„7 Trust APPLICANT NAME (Print):Arty fegdock
MAILING AD DRESS:7y;>I SandiSAve MAILING ADDRESS:MX SV&Eiriesfee
CITY, STATE. ZIP:Cala.a/ eh flail CITY, STATE, ZIP:airWS•46/
c/ AnaTELEPHONE:(7/0) 4T4495is TELEPHONE:eioi vg-f 6
EMAIL ADDPIESS:iteelefte. tee ifind EMAIL ADDRESS:blyeAteagad
i CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNO LEDGE-THE ST OF ”KNW/LEDGE.
IGNATU 129ATE SIGNATt TE
APPLICANTS REPRESENTATIVE (Print):
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
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.
SIGNATURE DATE
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.IME CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH
THE LAND ???1.A
ND AND r,eiND &11•Y SUCCESSORS IN INTEREST.
Au?#.C. Xatedeze_Z
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PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
I
RECERIFO
ii,J i 5 ?015
CITY .I.TH --..r)
PI_RN ii!'H`..,'._...
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
6k-C
P-1 Pant:. 9 of A ran.^esA 4 nil.
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Development Services
City of DISCLOSURE STATEMENT Planning Division
Carlsbad P-1(A)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%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 Corp/Part
Title Title
Address Address
2.OWNER (Not the owner's agent)
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.)
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Person 47 R.feira9tai Corp/Part /r0:4eede 1evec4.4/LI Pp',/68 71'
Title 17 ee Title 7C-vs ?4/
Address 7/3515
-
.e.a47/7 Address 7451 //47
Y/Cid, cif fA4'//e4y1d.41 9wv
P-1(A)Page 1 of 2 Revised 07/10
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/getiat4i/e-•Non Profit/Trust &flex/Title/11M,l41 Title 77.-SiPLee
Address Address 7PI7 ..5.1649eZ
eirv/444e,-72-.4//
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?
111 Yes .No If yes, please indicate person(s):
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NOTE:Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Ale.47/11, #1,71.6Signatof owner/date I Signature of applicant/date
•'
kleef/e/z•Revetaie 4./efc
Aiyielippxpe of
o7r7.1.
-
4.77/
•Print or type name of applicant
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Signature of owner/applicant's agent if applicable/date
•Print or type name of owner/applicant's agent
•
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P-1(A)Page 2 of 2 Revised 07/10
CCity of •PROJECT DESCRIPTION Development Services
Planning Division
Carlsbad P-1(B)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.goy
PROJECT NAME:4)9696--&Z..7149/i
APPLICANT NAME:lefse."6./gePaCifik 41///i P4'574
-
Please describe fully the proposed project by application type.Include any details necessary to
adequately explain the scope and/or operation of the proposed project.You may also include
any background information and supporting statements regarding the reasons for,or
appropriateness of, the application.Use an addendum sheet if necessary.
•Description/Explanation:
/1/.1.9/i/./A01-
(46.4 -4 4R41#41‘747/&)(/,e
Al/trz'hup /0 lc 1..e.4 e de/e/1.-)1 Kefee".417.r •
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P-1(B)Page 1 of 1 Revised 07/10
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HAZARDOUS WASTE Development Services(City of AND SUBSTANCES Planning Division
Carlsbad STATEMENT 1635 Faraday Avenue
(760) 602-4610P-1(C)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):
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.
EI The development project and any alternatives proposed in this application in contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
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APPLICANT PROPERTY OWNER
Name:£420GA Namekacide /e1/.e.W/z Li-
!/0ff1:1490
Address:715Y .5
-
1/4P./.n.01.67".Address:'7/7 —67.7
As /e 92-.//del-/d41 9.Fvf
Phone Number 7A07.1 cz76 47c6--
Phone Number.(711)1.71-,1/5*
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Address of Site:GWW7--e 7/7 14/?'
•Local Agency (City and County):dfr/fAf4(al 974161,7
Assessor's book, page, and parcel number:2/5 f t7-dam
Specify list(s):
Regulatory Identification Number:
Date of List:
Applicant Signature/Date Prope Owner ignature/D to /54/5-
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 of 2 Revised 02/13
•.:--7
FIDELITY NATIONAL TITLE INSURANCE COMPANY
2763 Camino Del Rio South Phone(619)295 -732
San Diego,California 92108 North County 748 -41a0
p. O.Box 85589,S.D.,CA 92186-5589 727 -1852 &753 -63Z1
PRELIMINARY REPORT
REALTY EXECUTIVES ESCROW
911 Hacienda Drive Your No.95402 -MAS
Vista,California Our Number 9503720—N
Date:April 28,1995
Attention:Margaret
Property Address:6717 -19 Antilope Street
Carlsbad,California
In response to the application for a policy of title insurance referenced
herein,FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby reports that it is
prepared to issue,or cause to be issued,as of the date hereof,a Policy or
Policies or 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 of said Policy forms.
The printed exceptions and exclusions from the coverage of said Policy or
Policies are set forth in Exhibit A attached.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 for a Policy or Policies 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.
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
arid 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 written
representation as to the condition of title and may not list all liens,defects
and encumbrances affecting title to the land.
The form of Policy or Policies of title insurance contemplated by this
report is:
CLTA STANDARD COVERAGE POLICY -1990
Owners CLTA Loan Binder
ALTA LOAN POLICY (10 -17-92)WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
ALTA Loan X ALTA-R X LP-10 ALTA Extended Owners
Dated as of April 26,1995 at 7:30 A.M.
CANDY CHURCH
Title Officer/srj
Page 1
FNTC Form No.27 -089 -92
0
PRELIMINARY REPORT
PAGE NO.2
ORDER NO.9503720—N
Tile estate or interest in the land hereinafter described or referred to coveredbythisReportis:
A leEE
Title to said estate or interest at the date hereof is vested in:
MARK KAMMERMAN AND ALICE KAMMERMAN,husband and wife as community property
NOTE:It is our understanding that title to said estate or interest in saidpolicyistobevestedin:
HARRY PEACOCK AND BARBARA E.PEACOCK
The land referred to in this report is described as follows:
Lot 235 of LA COSTA MEADOWS UNIT NO.1,in the City of Carlsbad,County of San
Diego,State of California,according to Map thereof No.6800,filed in the
Office of the County Recorder of San Diego County,December 9,1970.
======
At the date hereof exceptions to coverage in addition to the printed exceptions
and exclusions contained in said policy form would be as hereinAfter shown.
1.General and Special taxes,a lien not yet payable,including any assessment
collected with taxes,for the fiscal year 1995 -96.
2.The lien of supplemental taxes,if any,assessed pursuant to the provisions
of Chapter 3.5 (commencing with Section 75)of the Revenue and Taxation Code of
the State of California.
3.Covenants,conditions and restrictions,(deleting therefrom any
restrictions indicating any preference,limitation or discrimination based on
race,color,religion,sex,handicap,familial status or national origin),as
contained in instrument recorded December 9,1970 as File No.225652 of Official
Records.
Said instrument provides that a violation thereof shall not defeat nor
render invalid the lien of any mortgage or deed of trust made in good faith and
for value.
4.Matters which adversely affect the status of title to the real property
herein described unless it can be determined by a Statement of Identity that
these matters affect persons'other than the VESTEES named herein,in order to
complete our report.
PRELIMINARY REPORT
PAGE NO.3
ORDER NO.9503720—N
5.NOTE:We find various matter in the General Index relating to individuals
with the same or similar names as the Buyers in this transaction.A Statement
of Identity from the BUYERS will expedite the processing of this title report.
1994 -95 TAX INFORMATION:
Code Area:9053
Parcel No.215 -290 -27
1st Installment:$1,646.34 POSTED PAID 12/11/94
2nd Installment:$1,646.34 POSTED PAID 4/8/95
Based on Land:$120,000.00
Improvements:$160,000.00
NOTE:If taxes are posted paid less than 45 days,the Company will hold
the tax amount plus delinquency amount until 45 days has elapsed.If taxes have
been paid through an impound account and we are furnished written confirmation
of same or you can provide us with a copy of the cancelled check,this
requirement will be waived.
If a monthly payment of any existing Deed of Trust is made within 30 days
of closing,the Company will hold an amount equal to that payment until 30 days
.has elapsed.If a cancelled check or other form of proof of payment can be
furnished for this payment,then this hold policy will be waived.
NOTE:The herein described property does qualify for the automatic
issuance of a 1987 Alta—R policy or title insurance,deleting Exceptions 1,2,
3 and 4 of Schedule B as shown on the Exhibit "A"attached hereto.
PRELIMINARY REPORT
PAGE NO.4
ORDER NO.9503720—N
NOTE:The wiring instructions listed below are for this specific
transaction involving the Title Department of the San Diego office of Fidelity
National Title.These instructions therefore should not be used in othertransactionswithoutfirstverifyingtheinformationwithouraccounting
department.It is imperative that the wire text be exactly as indicated below.
Any extraneous information may cause unnecessary delays in confirming the receipt
of funds.
WIRE TRANSFER INSTRUCTIONS
TITLE DEPARTMENT -SAN DIEGO
Receiving Bank :BANK OF AMERICA NT &SA
:Branch 507
:1275 Rosecrans Street
:San Diego,California 92106
Bank ABA No.:121000358
Beneficiary :FIDELITY NATIONAL TITLE COMPANY
Account No.:050 -7916151
Reference :Title Officer CANDY CHURCH
Title Order No.9503720 -N
The charge for a policy of title insurance,if issued through this Title
Order,will be based on the basic insurance rate.
PRELIMINARY REPORT •
PAGE NO.5
ORDER NO.9503720—N
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LENDERS SUPPLEMENTAL REPORT
RE:PEACOCK
The above numbered report (including any supplements or amendments thereto)
is hereby modified and/or supplemented in order to reflect the following addition
items relating to the issuance of an American Land Title Association Loan Form
Policy as follows:
A.This report is preparatory to the issuance of an ALTA Policy of
Title Insurance.We have no knowledge of any fact which would
preclude the issuance of said ALTA Policy with Indorsement No.100
•attached.There is located on said land the following:
A MULTIPLE DWELLING
6717 -19 Antilope Street
Carlsbad,California
•
B.The only fee conveyance affecting said land recorded within 6 months
of the date of this report are as follows:
NONE
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SPECIAL NOTICE
California Insurance Code Section 12413.1 which was enacted by Chapter 598ortheLawsof1989(A.B.512)effective January 1,1990,regulated the
disbursement of escrow funds by Title Companies.Funds received by Fidelity
National Title Insurance Company via wire transfer may be disbursed upon receipt.
Funds received by this Company via cashiers check or tellers check may be
disbursed on the next business day after the day of deposit.IF ESCROW FUNDS
(INCLUDING SHORTAGE CHECKS)ARE DISBURSED TO THIS COMPANY OTHER THAN BY WrrBB
TRANSFEROR CASHIERS CHECK OR TELLERS CHECK,DISBURSEMENT AND/OR CLOSING WILL.BB
DELAYED 3 TO 7 BUSINESS DAYS.Questions concerning deposit and/or disbursement
We escrow and sub-escrow funds and recording should be directed to your title
officer,escrow officer or loan payoff officer.
OUTGOING WIRE TRANSFERS WILL NOT BE AUTHORIZED UNTIL WE RAVE comorrimmeioN
CUP OUR RECORDING AND 1 OF THE FOLLOWING:
1.WE HAVE RECEIVED CONFIRMATION OF THE RESPECTIVE INCOMING WIRE.
2.COLLECTION OF A DEPOSITED CHECK.
NOTE:On any open credit line or equity credit line loans:Fidelity
National Title Insurance Company will require the borrower to turn in any unused
checks to the lender and do whatever is necessary to have the lender frosts or
terminate the account,otherwise their demand makes us responsible for any checks
or cash withdrawal]that are outstanding and we will be forced to hold the
difference between the principal and the maximum that can be borrowed until the
lender ha received our payoff check and the account is zeroed.
•
4 •
EXHIBIT A
AMERICAN LAND TITLE ASSOCIATION•
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)EXCLUSIONS
In addition to the Exceptions In Schedule B,you are not insured against loSs, costs, attorney's .3.Title Risks:
fees and expenses resulting from:•that are created,allowed, or agreed to by you
1.Governmental policy power, and the existence or violation of any law or government • that are known to you, but not to us,on the Policy Date -unless they appeared
regulation. This includes building and zoning ordinances and also laws and regulations in the public records
(Ame.euilng:•that result is no loss to you
•land use •that first affect your title after the Policy Date -this does not limit the labor and
•Improvements on the land material lien coverage in kern 8 of Covered Title Risks
•land division 4.Failure to pay value for your title.
•environmental protection 5.Lack of a right
This exclusion does not apply to violations or the enksi_euielit of these matters which •to any land outside the area specifically described and referred to in Item 3 of
appear in the public records at policy date.Schedule A
This exclusion does not limit the zoning coverage described in items 12 and 13 ofCovered or
Title Risks.•In streets,alleys„ or waterways that touch your land.
2.The right to take the land by condemning it, unless:This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
•a notice of exercising the right appears In the public records on the Policy Date
•the taking happened prior to the Policy Date and Is binding on you if you bought
the land without knowledge of the taking.
SCHEDULE B
EXCEPTIONS
In addition to the Exclusions, you are not insured againnst loss, costs, attorneys fees, and 3.Any facts about the land which a correct suney would disdose and which are not shown
the expenses resulting from:by the public records. This does not limit the forced removal coverage in Item 12 of
1.Any rights, interests, or claims of parties in possession of the land not shown by the Covered Title Risks.
public records.4.Any water rights or claims or title to water in or under the land, whether or not shown
2.Any easements or liens not shown by the public records. This does not limit the lien by the public imuids.
coverage in Item 8 of Covered Title Risks.
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 (a)created, suffered, assumed or agreed to by the Insured claimant:
Companywill not pay loss or damage, costs, attorney's fees or expenses which arise by reason of:(b)not known to the Company, not recorded in the public records at Date of Policy,
1.tat Any law,ordinance orgovernmental regulation (including but not limited to building 'but known to the insured claimant and not disclosed in writing to the Company by
and zoning laws,ordinances, or regulations) restricting, prohibiting or relating to (i)the insured claimant prior to the date the Insured claimant became an insured under
the occupancy,use, or enjoyment of the land; (ii) the character, dimensions or location this policy:
of any Improvement now or hereafter erected on the land;OW a separation in ownership (c)resulting in no loss or damage to the insured claimant;
or a change In the dimensions or area of the land or any parcel of which the land (d)attaching or created subsequent to Date of Policy, or
is or was a part;or (iv) environmental protection, or the effect of any violation of these (e)resulting in loss or damage which would not have been sustained if the insured
laws,enforcement them-4 or a notice of a defect, lien or encumbrance resulting from claimant had paid value for the estate or Interest insured by this policy.•
a violation or alleged violation affecting the land has been recorded In the public records 4.Unenforceabllity of the lien of the insured mortgage because of the Inability or failure
at Date of Policy.of the Insured at Date of Policy, or the Inability or failure of any subsequent owner of
(b) Any governmental police power not excluded by (a)above, except to the extent that the Indebtedness, to comply with the applicable doing business laws of the state in
a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting which the land is situated.
from a violation,or alleged violation affecting the land has been recorded in the public 5.Invalidity or unenforceabllity of the lien of the insured mortgage, or claim thereof, which
records at Date of Policy arises out of the transaction evidenced by the insured mortgage and is based upon usury
2.Rights of eminent domain unless notice of the exercise thereof has been recorded in or any consumer credit protection or truth in lending law.
the public records at Date of Policy, but not excluding from coverage any taking. which 6.Any claim, which arises out of the transaction vesting in the Insured theestate or interest
has occured prior to Date of Policy which would be binding on the rights ofa purchaser insured by this policy or the transaction creating the interest of the Insured Mender,by
for value without knowledge.reason of the operation of federal bankruptcy, state Insolvency, or similarcreditors' rights
3.Defects,liens,encumbrances,adverse claims, or other matters:laws.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not Insure against loss or damage (and the Company will not pay casts, attorney's fees or expenses) which arise by reason of:
PART 1 •
1.Taxes or assessments which are not shown asexisting liens by the records of any taxing 3.Easements, liens or encumbrances, or claims thereof, which are not shown by the public
authority that levies taxes or assessments on real property or by the public records.records.
Proceedings by a public agency which may result in taxes or assessments, or notices 4.Discrepancies, conflicts In boundary lines, shortage in area,encroachments, or any other
of such proceedings, whether or not shown by the records of such agency or by the facts which a correct survey would disclose, and which are not shown by the public records.
public records.5.(a)Unpatented mining claims;(b)reservations or excepttorts in patents or in Acts
2.Any facts,rights,interests or claims which are not shown by the public records but authorizing the issuance thereof;(c)water rights. claims or title to water whether or
which could be ascertained by an inspection of the land or which may be asserted not the matters excepted under (a),(b),or (c)are shown by the public records.
by persons In possession thereof.
FNTIC Fens No.099-92A (Mated 1/93)Pnilatiaary Report ExItIbit A
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EXHIBIT A(CONTINUED).a
AMERICAN LAND TITLE ASSOCIATION LOAN POUCY (IO-1712)
WITH A.LT.A. ENDORSEMENT -FORM 1 COVERAGE AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POUCY (10-17.92)
WITH A.L.TA. ENDORSEMENT -FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
he following matters are expressly excluded from the coverage of this policy and the Company Id)attaching or created subsequent to Date of Policy, or
vii not pay loss or damage,costs, attorney's fees a expenses which arise by reason of:fe)resulting in loss Of damage which would not have been sustained if the Insured
I.(a)Any law,ordinance or govemmenui regulation (including but not limited to building claimant had paid value for the estate or interest insured by this podcy
and zoning laws, ordinances, or regulations (restricting. prohibiting or relating to (1)4.Unenforceability of the lien of the insured mortgage because of the inability orfailure
the occupancy, use, or enjoyment of the land; (Ill the character dimensions or location of the insured at Date of Policy, or the inability or failure of arty subsequent owner
ofany irrrprosernent now or hereafter erected on the land; (iii)a separation In ownership of the Indebtedness, to comply with applicable doing business laws of the state in
or a change in the dimensions or area of the land or any parcel of which the land which the land is situated.
Is or was a part;or (Iv) environmental protection, or the effect of any violation of these 5.Irsalidity or unenforceability of the lien of the insured mortgage, orclaim thereof, which
laws, ordinances or governmental regulations, except to the extent that a notice of the arises out of the transaction evidenced by the insured mortgage, and is based upon
enforcement thereof or a notice of a defect,lien or encumbrance resulting from a usury or any consumer credit protection or truth in lending law.
violation or alleged violation affecting the land has been recorded in the public records 6.Any statutory lien for services, labor or materials (or the claim ofpriority ofany statutory
at Date of Policy.lien for services, labor or materials ter the lien of the insured mortgage) arising from
(b) Any governmental police power not excluded by (a)above, except to the extent that an Improvement or work related to the land which is contracted for and commenced
a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting subsequent to Date of Policy and is not financed In whole or in part by proceeds of
from a violation,or alleged violation affecting the land has been recorded in the public the indebtedness secured by the insured mortgage which at Date of Policythe insured
records at Date of Policy.has advanced or is obligated to advance.
2.Rights of eminent domain unless notice of the exercise thereof has been recorded in 7.Any claim which arises out of the transaction creating the Interest of the mortgagee
the public records at Date ofPolicy, but not excluding from coverage any taking which insured by this policy, by reason of the operation of federal bankruptcy,state insolvency,
has occurred prior to Date of Policy which would be binding on the rights ofa purchaser or similar creditors' rights laws,that is based on:
for value without knowledge.(i)the transaction creating the interest of the insured mortgagee being deemed a
3.Defects,liens, encumbrances,adverse claims, or other matters:fraudulent conveyance or fraudulent transfer; or
(a)created,suffered,assumed or agreed to by the insured claimant:(ii the subordination of the interest of the insured mortgagee as a result of the
(b) not known to the Company, not recorded in the public records at Date of Policy,application of the doctrine of equitable subordination; or
but known to the Insured claimant and not disclosed in wilting to the Company by fill) the transaction creating the interest of the insured mortgagee being deemed a
the insured claimant prior to the date the insured claimant became an insured under preferential transfer except where the preferential transfer results from the failure:
this policy;(a)to timely record the instrument of transfer; or
(c)remitting in no loss or damage to the insured claimant;(b)of such recordation to impart notice to a purchaser for value or a judgment or
lien creditor
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
'he following matters are expressly excluded from the coverage of this policy and the Company 3.Defects,hens, encumbrances, adverse claims, or other matters:
vii not pay toss or damage,costs, attorney's fees or expenses which arise by reason of:(a)created, suffered, assumed or agreed to by the Insured claimant;
1.(a)Any law,ordinance or governmental regulation (including but not limited to building (b)not known to the Company, not recorded In the public records at Date of Policy,
and zoning laws,ordinances. or regulations (restricting, prohibiting or relating to (0 but known to the Insured claimant and not disclosed in writing to the Company by
the occupancy,use, orenjoyment of the land;(II) the character, dimensions or location the insured claimant prior to the date the insured claimant became an insured under
of any improvement now or hereafter erected on the land; (iii)a separation In ownership this policy;
or a change in the dimensions or area of the land or any parcel of which the land (c) resulting in no loss or damage to the insured claimant
Isor was a part;or (iv) environmental protection, or the effect of any violation of these (d) attaching or created subsequent to Date of Polky, or
laws, ordinances or governmental regulations, except to the extent that a notice of the (e)resulting in loss or damage which would not have been sustained if the insured
enforcement thereof or a notice of a defect,lien or encumbrance resulting from a claimant has paid value for the estate or Interest Insured by this policy.
violation or alleged violation affecting the land has been recorded in the public records 4.Any claim which arises out of the transaction vesting in the Insured the estate or interest
at Dale of Policy.insured by this policy, by reason of the operation of federal bankruptcy.state insohency,
Oa)Any governmental police power not excluded by (a)above, except to the extent that or similar creditors' rights laws, that is based on:
a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting (i) the transaction creating the estate or Interest insured by this policy being deemed
from a violation or alleged violation affecting the land has been recorded in the public a fraudulent conveyance or fraudulent transfer; or
records at Date of Policy.(ill the transaction creating the estate or interest Insured by this policy being deemed
2.Rights of eminent domain unless notice of the exercise thereof has been recorded In a preferential transfer except where the preferential transfer results from the failure:
the public records at Date of Policy, but not excluding front coverage any taking which (a)to timely record the instrument or transfer; or (bi of such recordation to impart notice
has occurred prior to Date of Policy which would be binding on the rights of a purchaser to a purchaser for value or a judgment or lien creditor
for value without knowledge.
The above ALTA policy forms 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 wid also include the following General Exceptions:
SCHEDULE B
EXCEPTIONS FROM COVERAGE
his policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of:
MRT
L Taxesor assessmerns which are not shown asexisting liens by the records of any taxing 3.Easements. liensorencumbrances, or claims thereof, which are not shown by the public
authority that levies taxes or assessments on real property or by the public records.records.
Proceedings by a public agency which may result in wets or assessments,or notices 4.Discrepancies, conflicts In boundary lines, shortage In area, erscroachments, or any
of such Proceedings, whether or not shown by the records of such agency or by the other facts which a correct survey would disclose, and which are not shown by the
public records public records.
2.Any tact%rights,interests or claims which are not shown by the public records but 5.(a)Unpaterited mining claims;(b)reservations or exceptions In patents or in .Its
which could be ascertained by an inspection of the land or which may be asserted authorizing the issuance ttwireof;(c)saner rights, claims or tide to v.rater, whether or
by persons In possession thereof.not the matte's evenedunder (a),are shown by the public records.
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