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HomeMy WebLinkAboutPUD 88-06; ALLEN COMPANY; Planned Unit Development - Residential (PUD). C~ty.......c~~: Cadsbad . 2075 Las Palmas Drive • " 'Carlsbad, CA 92009 . (619) 438-1161 FEES $ 420.00 (50 units or less) $ 875.00 (51 units or more) PLANNING DEPARTMENT NON-RESIDENTIAL PLANNED DEVELOPMENT Complete Description of ,~roject (attach additional sheets if necessary) Two sinale user buildina (concrete tilt-up_ construction) Industrial Park. Blda. # 1 = 41 916 S.F. Blda. # 2 = 34 566 S.F. East building is provided with two (2) -dock high loading doors and three (3) -grade level loading doors. Location of Project Southwest corner of El Fuerte Street and Loker Avenue West, City of Carlsbad, CA. 2793 (# 1) and 2791 (# 2) Loker Avenue West Lega I Descri ption (comp le~e) Lot 15 of Tract 74-21 in the city of Carlsbad, County of San Diego, State of California, according to Map No. 10372 filed in the office of the County Recorder -April 13, 1987. Local Facility Management Zone Assessors Parcel Number B~dford Prooert'es .'5 209-081-15 Zone General Plan Existing Land Use Pm Planned Industrial {P.I.) Industrial Proposed Zone Proposed General Plan Site Acreage PM Planned Industrial (P.I.) 4.89 Acres I Owner Applicant Name (Print or Type) Name (Print or Type) Davison-Jones Development The Allen Company (Jay A 11 en) Mailing Address Mailing Addrress 4199 Campus Drive, Suite 830 1100 Quail St., Suite 206 City and State Zip Telephone City and State Zip Telephone Irvine, CA 92715 (714) 854-4600 Newport Beach, CA 92660 (714) 752- I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S AND THAT ALL THE ABOVE INFORMATION REPRESENT ATIVE AND THAT ALL IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE MY KNOWLEDGE. AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNA~ 9 DATE )[1If ' DATE /1t \ ~_t._ J 1,-2c:-~ Date APPlica~n Rec'd ~ceived By ~~:;~c,e;5-Receipt No. tj-07ff-?ff 'A...u.J -'JlfA~".A g91/C/-~ /f .... -' ''"Y-' PR071~N~R I~ 1) u u fft-b / PIP f)-~ ~ " 01 Form No. 1402 (6/87) ALTA Owner's Policy e,. f,.. .' " \. .,. ~< -, POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company " _J'd( ~ ;;:;:.:' '-n r Ii ~),.. !.II " '---rj'"IJV'\': SUBJECTTOTHE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. First American Title Insurance Company BY PRESIDENT BY SECRETARY H 143193 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: • 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the char- acter, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions orarea of the land orany parcel of which the land is orwas a part; or(iv) environmental protec- tion, or the effect of any violation of these laws, ordinances orgovernmental reg ulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation oralleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; . (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 1. DEFIN ITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule (A), and improvements affixed thereto which bylaw constitute real property. The term "land" does not include any property beyond the lines ofthe area described or referred to in Schedule (A), nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or water- ways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1 (a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "un marketability of the title": an alleged or apparent matter affecting the title to the land, not CONDITIONS AND STIPULATIONS excluded or excepted from coverage, which would entitle a purchaser ofthe estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requir- ing the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retainsan estate or interest In the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mort- gage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Sec- tion 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. • ' . I . , 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide forthe defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encum- brance or other matter insured against by this policy. TheCompany shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or pro- ceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss ordamage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not itshall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or per- mitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide forthe (continued on inside back cover) "" ........ , '--......... , ~ '" FORM 1402 (6/87) ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS CM SCHEDULE A AMOUNT OF INSURANCE $1,317,842.00 DATE OF POLICY: JANUARY 15, 1988 AT 3:57 P.M. 1. NAME OF INSURED: ORDER NO. 951778-2 POLICY NO. 951778-2 PREMIUM $1,252.00 EL FUERTE BUSINESS CENTER PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: FEE 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: EL FUERTE BUSINESS CENTER PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "1" ATTACHED HERETO PAGE 1 • 1402 (6/87) ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS ORDER NO. 951778-2 SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: PART ONE: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTEREST, OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE· IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY 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 THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND; NOT SHOWN BY THE PUBLIC RECORDS. PART TWO: 1. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1987-88. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO. 757 WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID ROAD AS GRANTED IN DEED RECORDED OCTOBER 2, 1940 IN BOOK 1068, PAGE 496 AND OCTOBER 2, 1940 IN BOOK 1069, PAGE 456, BOTH OF OFFICIAL RECORDS. PAGE 2 • 1402 (6/87) ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS ORDER NO. 951778-2 4. AN INSTRUMENT ENTITLED "HOLD HARMLESS AGREEMENT -DRAINAGE", EXECUTED BY TITLE INSURANCE AND TRUST UNDER HOLDING AGREEMENT NO. 409 IN FAVOR OF THE CITY OF CARLSBAD, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN, RECORDED MARCH 29, 1982 AS FILE NO. 82-083817 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 5. THE FOLLOWING RECITAL AS CONTAINED ON SUBDIVISION MAP NO. 10372. NOTE: THIS SUBDIVISION IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY, IF THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE NOT AVAILABLE, BUILDING PERMITS WILL NOT BE ISSUED. 6. A PERPETUAL EASEMENT FOR OPEN SPACE IN FAVOR OF THE CITY OF CARLSBAD, AS DEDICATED ON THE MAP OF SAID TRACT WHICH PROVIDES AMONG OTHER THINGS, THAT THE FOLLOWING SHALL BE PERFORMED ONLY AS PERMITTED BY A SPECIAL USE PERMIT: EXCAVATION, GRADING OR FILLING OF SAID LANDi CONSTRUCTION OF BUILDINGS, STRUCTURES OR OTHER THINGS WHATSOEVER UPON SAID LAND. USE OF SAID LAND FOR OTHER THAN OPEN SPACE AND PARK AND/OR RECREATIONAL PURPOSES. AFFECTS PORTIONS OF LOTS 14 AND 15. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 7 . THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM PALOMAR AIRPORT ROAD ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 10372. 8. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS I EASEMENTS, TERMS I LIENS, ASSESSMENTS, PROVISIONS AND CHARGES BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED OCTOBER 11, 1985 AS FILE NO. 85-378668 OF OFFICIAL RECORDS. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. PAGE 3 • 1402 (6/87) ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS ORDER NO. 951778-2 9. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, PIPELINES AND COMMUNICATION FACILITIES AND THE RIGHT OF INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JUNE 11, 1986 AS FILE NO. 86-233717 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE EASEMENT SHALL BE A STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE 3 FEET MEASURED AT RIGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED WITHIN SAID PROPERTY ON OR BEFORE MAY 1, 1988, PURSUANT TO THE PLANS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 10. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED SEPTEMBER 8, 1986, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: KAISER DEVELOPMENT COMPANY AND THE CITY OF CARLSBAD. RECORDED: NOVEMBER 19, 1986 AS FILE NO. 86-534589 OF OFFICIAL RECORDS. 11. AN AGREEMENT REGARDING FEES FOR FACILITIES AND IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM, DATED SEPTEMBER (DAY NOT SHOWN), 1986, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD AND KAISER DEVELOPMENT COMPANY. RECORDED: NOVEMBER 21, 1986 AS FILE NO. 86-539701 OF OFFICIAL RECORDS. 12. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM EL FUERTE STREET ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 10372. 13. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED SEPTEMBER 29, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: MARTIN V. JONES AND ALAN DAVISON AND CITY OF CARLSBAD. RECORDED: OCTOBER 29, 1987 AS FILE NO. 87-809200 OF OFFICIAL RECORDS. PAGE 4 • FORM 1402 (6/87) ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS ORDER NO. 951778-2 14. AN AGREEMENT REGARDING THE PAYMENT OF FEES FOR FACILITIES AND IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM, DATED SEPTEMBER 23, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: MARTIN V. JONES AND ALAN DAVISON AND THE CITY OF CARLSBAD. RECORDED: NOVEMBER 17, 1987 AS FILE NO. 87-642298 OF OFFICIAL RECORDS. 15. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $4,050,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED JANUARY 15, 1988 AS FILE NO. 88-021670 OF OFFICIAL RECORDS. DATED: DECEMBER 17, 1987 TRUSTOR: EL FUERTE BUSINESS CENTER PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE: FIRST BANCORP, A CALIFORNIA CORPORATION BENEFICIARY: SANWA BANK CALIFORNIA, A CALIFORNIA CORPORATION PAGE 5 • FORM 1402 (6/87) ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS ORDER NO. 951778-2 EXHIBIT "1" LOT 15 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982. EXCEPTING THEREFROM ALL MINERAL, OIL AND GAS RIGHTS BELOW THE DEPTH OF 500 FEET BELOW THE SURFACE OF SAID LAND WITHOUT THE RIGHT OF SURFACE ENTRY AS RESERVED BY KAISER DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION IN DEED RECORDED JANUARY 15, 1988 AS FILE NO. 88-021669 OF OFFICIAL RECORDS. PAGE 6 • ENDORSEMENT Attached to Policy No. 951778-2 Issued by First American Title Insurance Company The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the insured owner named in the policy, hereby modifies the policy, ·as follows: 1. Notwithstanding anything contained in the policy to the contrary, the amount of insurance provided by the policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment date" is defined, forthe purpose of this endorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the date of policy, as shown in Schedu Ie A of the policy to which this endorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the adjustment dates, as defined above, by increasing the maximum amount of insurance provided by the policy. The coverage will increase by the same percentage change by which the annual "ENR 20-cities Building Cost Index" has increased, (as published in the "4th Quarter Roundup" Dece.mberissue of Engineering News Record, a weekly McGraw Hill publication). All upward adjustments in the aggregate shall not exceed a 50% total rise in the amount of insurance, so that the maximum amount of insu~anc~ in force shall never exceed 150% of the amount of insurance stated in Schedule A of the policy, less the amount of ariyclaim paid under the policy which, under the terms of the conditions and stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in the Building Cost Index. 4. In the settlement of any claim against the Company underthe policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of the claim, or as of the date of receipt by the Company of the first notice of the claim, whichever shall first occur. Nothing herein contained shall be construed as extending or changing the effective date of the policy. This endorsement is made a part of the policy and is subjectto the schedules, exclusions, conditions and stipulations therein. except as modified by the provisions hereof. First American Title Insurance Company BY PRESIDENT ~ ~~ANTSECRETARY First American F.A. 11.1 Inflation (ClTA/AlTA Owners) •• • INDORSEMENT Attached to Policy No. 951778-2 Issued by First American Title Insurance Company The Company hereby insures the owner against loss which said insured shall sustain as a result of any exercise of the right of use or maintenance of the easement referred to in paragraphs 3 and 9 of Schedule B over or through said land. The total liability of the Company under said policy and any indorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This indorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. 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S':z;:el)','" tW<J .1". ~ .... ~ ..,~w defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured forthis purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, secur- ing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting set- tlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desir- able to establish the title to the estate or interest as insured.lftheCompanyis prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requir- ing such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or con- tinue any litigation, with regard to the matter or mat- ters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copy- ing, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, cor- respondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain tothe loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant Shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain tothe loss or damage. All informa- tion designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested informa- tion or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless prohibited by law or govern- mental regulation, shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. I n case of a claim under this poliCY, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance. To payor tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against underthis policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (Ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, pro- secute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (Ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the eventtheAmount of Insurance stated in Schedule A at the Date of Policy is less than 80 per- cent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improve- ment is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (Ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accor- dance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule (A)(C) consists of two or more parcels which are not used as a single site, and a loss is established affecting one ormore of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance underthis policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made sub- sequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to orfrom the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) I n the event of any litigation, including litiga- tion by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim orsuitwithoutthe prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage hereafter executed by the insured or assumed or agreed to by the insured and which isa charge or lien on the estate or interest des- cribed or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without produc- ing this policy for endorsement of the payment un- less the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be en- titled to all rights and remedies which the insured claimant would have had against any person or prop- erty in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, (continued on back) eCOND.lrIGNS AND S"]:~PULATIO~S. if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non- insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indem- nities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions con- tained in those instruments which provide for sub- rogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Companyorthe insured may demand arbitration pur- suant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company orthe insured. All arbitrable mat- ters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at (continued from· inside reck cover) the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. I n interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby orby any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed byeitherthe Presi- dent, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized Signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to Include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at 114 East Fifth Street, Santa Ana, California 92701, or to the office which issued this policy. i l , ~ C,· i)I' L) I, qc' '\ ') I, .. '" (./ .. CITY OF CARLSBAD .. 1200 ELM .wI::NUE CARLSBAD, CALlFO~IA 92008 438·5621 ACCOUNT NO. DESCRIPTION <.,-:'/! i, , 'iij-tJ[! , v V ~. S:; / I / /tYl /,,_',L ,) le{e if. t (c'L{ p((/) .~ , S3l),_ 'I" I ' ' . U() f)r, l J'i-I -)!U ·0 r: 't) t": I ()(j DO-)5/7 j._j.t, ~ l ... 1-tIC)( ~:142 09/2B/8B tt~( ,~ . - f ¥.1 ,(1 ~'::"'tl Ct..j.-2142 1)9/28/88 rl I , . 51'/. t-! 2· /5 -[Joe I LL (/(.') c,Y ci1 { (71 c · .... ,L(.( , ! RECEIPT NO. 89445 TOTAL AMOUNT I 1 J..j' --) L' I " ,'I ....1 . I(j(l 1 / 7 /"" I( . -' I ~ C' I (l';;-~ I t: [\(1I):t (f.-I "-''''') I -'( i1i.;iC 4 1)-'';(\ .-O!)Ol 01 iX: 1--::7-:~ HctB\:)i) :t}t.{"O ~) ..:; I ')., ,./ _I Icd/ I 1 I I I I I , 1 I I I ;~} 1_· I 1.-: . u·· .:1' .) I ,.Il r. • DISCLOSURE FORM APPLI CANT: EL FUERTE BUSINESS CENTER AGENT: MEMBERS: Name (individual, partnership, joint venture, corporation, syndication) , 4199 CAMPUS DRIVE, SUITE 830 IRVINE, CA Business Address (714) 854-2443 Telephone Number MARTI N JON ES Name 4199 CAMPUS DRIVE, SUITE 830, IRVINE, CA Business Address (714) 854-2443 Telephone Number MARTIN JONES Name (Individual, partner, joint venture, corporation, syndication) 17 BARISTO, IRVINE, CA 92715 Home Address 4199 CAMPUS DRIVE, SUITE 830, IRVINE CA Business Address (714) 854-2443 Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets If necessary) I/We understand that if this project Is located In the Coastal Zqne, I/we will apply for Coastal Commission Approval prior to devp.lopment. I/We acknowledge that In the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to Inspect and enter the property that Is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained In this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct untl! amended. APFDtICANT BY Agent, Owner, Partner . . ~ .......... .::-.. 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-4859 ((itl' of ((arl~bab DEVELOPMENT PROCESSING SERVICES DIVISION PUBLIC FACILITIES FEE REQUIREMENTS SAME TELEPHONE (619) 438-1161 City Council Policy No. 17 requires that all developers requesting a discretionary action for a project pay a Public Facilities Fee in the amount of 3.5 percent of the building valuation. The fee is computed by the Building Department and paid at the time the Building Permit is obtained. In the case of a condominium conversion, the fee is calculated on the building valuation at the time the fee is paid and the fee must be paid prior to obtaining a Final Map on the project. In addition to the above, a completed, signed, and notarized agreement to pay the Public Facilities Fee must be submitted with any application for a discretionary action. This agreement form should be completed by the Applicant and submitted as follows: 1. Select the appropriate form for either (a) the Developer and Owner are the same party, or (b) the Developer and Owner are different. 2. Fill in the date the agreement is completed; the name and address of the Developer, and Owner, if appropriate, and state if each is an individual, partnership, corporation, etc. 3. Fill in the type of project proposed to be constructed such as, a 12-unit condiminum or 30,000 sguare foot shopping center, etc., and the proposed name (if any). 4. Fill in the date the request will be (or was) submitted and the type of request such as, a tentative map, condominium permit, or rezoning, etc. 5. Type a short legal description of the property on the last sheet (Exhibit "A"). Legal must be ap original. No reproduced copies will be accepted. 6. Sign the form in the presence of a Notary and have the Notary attach an Acknowledgement of Excution to the form. a. Include the title of the person signing the form (General Partner, Vice-President, etc.). If the agreement is signed by a corporate officer, the Corporate Seal must be stamped by the signature. b. Be sure the Notary form is the correct type; Individual, Partnership, or Corporation. 7. Use the attached form as an original. A reproduced copy will not be accepted. Submit the original of the agreement and one (1) copy. 8. A current copy of the preliminary Title Report must accompany each application. The preliminary Title Report must have been issued within the last six (6) months. 9. Attach a check for $25.00, payable to "City of Carlsbad". 7/87 I. _, ~: '" RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parce 1 No . __ 2_o_9-_o_8_1_-1_5 _______ _ AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 21 day of September 19 88 by and between _________________________ _ E1 Fuerte Business Center Partners (Name of Developer-Owner) a, __ -'-P:.uar-lt<..!Jn~erws~hw..i~p ________ , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 4199 Campus Drive, Ste 830, Irvine, CA 92715 (Street) (City, State, Zip Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 3-1-88 .. .-s· , . I Lot Split of Existing Parcel on said Property, which development carries the proposed name of ------E1 Fuerte Business Park 2 and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 21 day of September 19 88 , -, with the City a request for Non-Residential P·lan'ne;di,,0eve1opment hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all publ ic facil ities necessary to serve a deve 1 opment wi 11 be avail ab 1 e concurrent wi th need or such development shall not be approved (said element is on· file with the City Clerk and js incorporated by this reference); and WHEREAS, Developer and City recogn i ze the correctnes s of Counc il Pol icy No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facil ities fee. REV 3-1-88 2 NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad MuniCipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapt~r 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and en~itlement of use" as used in this agreement, except in reference to mobile home sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use of occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the request. The fee shall be paid pri or to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20, or 21 of the Carlsbad Municipal Code. REV 3-1-88 3 · -.. -~ . , . 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. Th is agreement and the fee pa i d pursuant hereto are requ i red to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent wi~h the General Plan and any approval or permit for the Development shall be void. No building or other constructi-on permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a publ ic facil ities fund for the financing of publ ic facil ities when the City Council determines the need exists to provide the facil ities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. REV 3-1-88 4 ).. .-~: 6. All obligations hereunder shall terminate in the event the Requests made by Developers are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless s~rved in one of the following manners: 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herei n, enclosed ina seal ed envelope, addressed to the City attention of the City Manager, postage prepaid and certified. 7.2 I f not ice given to Developer by personal deli very thereof to Developer or by depositing the. same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement, shall be binding upon and shall ensure to the benefit of, and shall apply to the respective successors and assigns of Developer and the City, and references to Developer City herein shall be deemed to be references to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create alien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. REV 3-1-88 5 PARTNERSHIP ACKNOWLEDGMENT .. State~f'~2 County of Zl ~ £ } SS. OFFICIAL SEAL .• TERI STEARNS ,~~~\ Notary Publlc-Callfomla 1:1 ORANGE COUNTY My Comm. EIp. Mar. 13, 1992 , ; 7130122 On this the 2..1 day of ~C/rt .. d.J. e"".< 19'3'8, before me, 'TE:e..-J. Srf:::;4 R.-1J.5 the undersigned Notary Public, personally appeared !+L--AU DAV/C;:oJ-.} o personally known to me ,)sr proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITN ESS my han.ad~ aa d OOTf:flicial seal. ~.~\ Notary's Signature ------ NO. 203 NATIONAL NOTARY ASSOCIATION· 23012 Ventura Blvd .• P.O. Box 4625 • Woodland Hills, CA 91364 -. f· IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: (name) By: -L~~LJL«2~~~~:--- (Titl e) By: (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California By: MARTIN ORENYAK For City Manager (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 3-1-88 6 !t .:( .. l • • lEGAL DESCRIPTION Lot 15 of Tract 74-21 in the City of Carlsbad, County of San Diego, State of Ca 1 i forni a, accordi ng to Map No. 10372 fil ed in the offi ce of the County Recorder April 13, 1987. REV 3-1-88 7 . . • ---..... ' BANZUELOIRIEHSUNiDUFF · n~ -k7 <B~LA::E~E~~OPMEN~ f+PPrrcoion NON-RESIDENTIAL CHECK LIST COMMENTS PROJECT NUMBER ~Of\~ ?® rY.-f--&, v----- 2. 15 site plans 15 landscape ~ 3. 15 bldg. elevations & floor plans O:K. v ctl;-, \ \ 4. 1 site plan 5. location map EIA $175 PFF agreement (2) $25 Disclosure Statement Owner1s list and 2 address labels + ~"./ 600 ft. radius map 12. Availability (seW61 & wa-toCie ). --13. Site & elevation plan ....--:-14. Constraints map~ w''->''-'~-·'L . "-C:---L~L r) .-'.Lr ( 15. traffic volume map .iA~ v,;.c-;'<-7 /7'-12.<',:-:' ,-' ... C I ~-t. DATE ________ _ SIGNA TU RE __ --.:... __________ _ , let '11nj ')~I rSJt~~~ci;~~; 1 \II IDU :I~na IN,OSUit'U/oUnZNUO ~CNI'I~ )IW»)JiQW VINWO.'lVO 'QVUalI1VO' ~~Vd SS3NIsna 3~U3n~ " .. , I, _. ~',;l;' .'rt-~-I'r T"'~ ..... '1 •• r"'" .. ."r ..... 1'· .. ~'J....-, ... "·1""'·~"~:O"""··"'·· ----!:""" ... r ...... ~~·' ~~~"'::;~r.i~·-1)'!"".'"~::"";-'~:t~~.r.,r. ~-. McMahiH1'S Furniture Corp.llq. 1 1\.27 11(. t' s plallt . Electro·Op IC KClIser 20 19 3.26 ae. 3.25 ae. 21 18 5.38 ae. 5.21 ae. 22 17 5.3511e. 5.50 ae. Palomar , ,t , ..... ... ::. , ., . ,. ! :. . . ". : El F'uerete '" # "2 Business Park . , °l , , , , " " .. ",,'r' " " r . ,. ': ' . '. ,.':., . , . , '. ':> ,~.' " ". I '. o!' " .. ~: '; ,', , . , . " I •• " ' .. ~: ." ' .. , . 1