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HomeMy WebLinkAboutSDP 00-06A; Daybreak Community Church; Site Development Plan (SDP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT. USE ONLY) (FOR DEPT. USE ONLY) D Administrative Permit D Planned Development Permit D Administrative Variance D Planned Industrial Permit i' " [Z] c~poo-"::!. ~ J. ll D Planning Commission Coastal Development Perm1 _V~~J~ v ,_ Determination ~ Conditional Use Permit tAJ f' bD <-oil A D Precise Development Plan D Condominium Permit D Redevelopment Permit D Environmental Impact Assessment 00 Site Development Plan BDP 6D -otoA D General Plan Amendment D Special Use Permit D Habitat Management Plan Permit D Specific Plan D D +eRtative PaFeel Ma13 Hillside Development Permit Obtain from Engineering Department D Local Coastal Program Amendment D Tentative Tract Map D Master Plan D Variance D Minor Conditional Use Permit D Zone Change D Non-Residential Planned Development D List other applications not specified 2) ASSESSOR PARCEL NO(S).: 215-841-07 ~~~~~~-----------------------------------------------3) PROJECTNAME: Daybreak Community Church of Coastal North County-Phase II 4) BRIEF DESCRIPTION OF PROJECT: Daybreak Community Church of Coastal North County-Phase II 2 Story, Classroom/Administration Building (p ( '6K ( t; fr' 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) .:::Jill'\ IY)Qyer Daybreak Community Church G .. Lf-r_ Timeless Architecture, Inc. w of Coastal North Count ~ ~00~+-----~~~--~------------------------~l MAILING ADDRESS Ad.l(lofl, f>as;r MAILING ADDRESS 5835 Avenida Encinas #118 9891 Irvine Center Drive #140w CITY AND STATE Carlsbad, CA s ZIP 92008 TELEPHONE CITY AND STATE 760 931-7773 EMAIL ADDRESS: DATE ZIP TELEPHONE 949 831-8110 NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITT D PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00P.M. Form 14 Rev. 03/08 r i PAGE 1 OF 4 .r- 7) BRIEF LEGAL DESCRIPTION Lot 8 of city of Carlsbad Tract No. 92-3 Map 13434. 8) LOCATION OF PROJECT: 6515 Ambrosia Lane STREET ADDRESS ON THE I West SIDE OF I Ambrosia Lane (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I Poinsettia Lane AND I Docena Road (NAME OF STREET) (NAME OF STREET) 9) 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. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. 10) NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION EING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICAN . TICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. ~~--~~--~-~~~~r FOR CITY USE ONLY Form 14 Rev. 03/08 JAN 2 1 2009 CITY OF CARLSBAD PlANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: PAGE 2 OF 4 PROJECT DESCRIPTION/EXPLANATION PROJECTNAME: Daybreak Community Church Phase II Classrooms/Admin. APPLICANT NAME: Daybreak Community Church of Coastal North County 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: A two Story Classroom/Administration Building totaling 6,188 square feet. 4-Classrooms 9-0ffices 2-Toilets 1-Workroom Used for on-site administrative offices and Sunday School meetings. Project Description 1 0/96 f~ECEJVEO APR 1 5 2.8G9 CITY OF CARLSBAD PLANNING DEPT Page 1 of 1 City of Carlsbad IRFUI •II .t. I •i§.tgiiiiJij hi DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ow.nership 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 .MY.§! be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, 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.) Daybreak Community Church Person Corp/Part of Coastal North County Title. __________ _ Address. __________ _ 2. OWNER (Not the owner's agent) Title Owner Address 6515 Ambrosia Lane Carlsbad, CA 92011 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, title, 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 gublicly-owned corQoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Daybreak Community Church Person Corp/Part of Coastal North County Title __________ _ Title Owner Address. _________ _ Address 6515 Ambrosia Lane Carlsbad, CA 92011 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • {760) 602-4600 • FAX (760} 602-8559 • www.ci.carlsbad.ca.us @ 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 Gary Webb Non ProfitfTrust, ________ _ Title Pastor/Administrator Title, ____________ _ Address5835 Avenida Encinas#ll8 Address ·----------------------Carlsbad/ CA 92008 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? 0 Yes ~No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. above information is true and correct to the best of my knowled hr~ 4. ~55'~ Print or type name of owner Print or type name of applic nt Signa1ure of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 12/06 Page 2 of2 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Daybreak Community Church Phase II Classrooms/Admin. APPLICANT NAME: Daybreak Community Church of Coastal North County 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: A two Story Classroom/Administration Building totaling 6,188 square feet. 4-Classrooms 9-0ffices 2-Toilets 1-Workroom Used for on-site administrative office.s and Sunday School meetings. Project Description 10/96 Page 1 of 1 I DAVBR A staff Brad Seith Position: Finance Dtl'ector Email: bradbeiU1@daybreakchurch.org Ptmnll: 760.931.777:3 x115 .. r"1are Corri Graves Position: Early Childhood Coordinator Email: corri®daybreakr:hurch.or;g Gary Webb Position: E~~:ecutlve Director of Ministry Email: >Jilf'\'l'lebb®daybreakchurch.org Phone: 760.931.7713 xi 11 Greg Bragg Position: High School & Jr Hfgh Assistam Email: .gregbragg®oiaybreakchurch.org Phone: 760.931.1773 x104 Jason Graves Position: Lead Pastor Email: jason@daybreakchurch.oriJ Phone:760.931.7773 x100 .. more Jeff Bruecker Pos1tion: Jr High Director Email: jelfbruecker@daybreakchurch.org Phone: 760.931.7773 x108 Jen Bruecker Position: Connectklns Mlntstry Asststartl Eo1ail: jenbruecker®daybreakchurch.org Phone: 760.931.7773 xHl9 Jennifer Flaker Position: ChHdcarEI Coordinator Email: jenniferila~.e,p:@daybreakchurch org Laura Berg Position· Connections Director Email· lauraber·g•.i!ldaybreakct1urch.org Phone: 760.931.7173 x107 Peter Nelson Position: High School Director Email: peternelson@daybreakchurch.org Pt1one·760.9J1.7173 x 102 Ric Calvi Position: Worship Pastor Ernail: riccalvi@da)•breakchur•:h mq Pt1one: 760.931.7773 xt24 Ryer Flaker Position: Creative Arts Director Email: ryer@daybreakchurch org Phone: 760.931.7773 x127 Stephanie Luchetta Position: Children's Ministry Director E~1ail: stept1aniei>Jchena@daybreakchurch.orq Phone: 760.931.1'773 x1 10 Stephanie Willin Position: Receptionist Email: stephanie@daybreal<.church.or.q Phone: 761l.931."1'773 x100 " Daybreak C:hurch Leadership Council Minutes Friday, March 13, 2009 Present: Steve Burke, Jim Ford, Jason Graves, Allison Reid, Steve Risley, Gary Webb Absent: Rob Moynan, Drue Pounds AGENDA NOTES/ACTION RECURRING BUSINESS 1. Financial Report: February, 2009 February reporting approved. General income slightly above plan for month and YTD (6 mos.); expenses below budget for both month and FY. 2. Approval of Minutes February 13, 2009 approved 3. Calendaring/Correspondence "Neighbor'' Meetini, @ Daybreak Sunday, March 15t, 12:45p Eggapalooza 'Volunteer" Meeting, Sunday, April 5th, 12:30-2:00p Next LC Meeting -Friday, April 10th, 3:30p (Church) Good Friday Service Friday, April 10th, 6:00p Eggapalooza Easter Festival, Saturday, April 11th, 11 :00a-2:00p Easter Services: 8:00a, 9:15a, 10:30a, 11 :45a Co ealth TitJ,e Ryan Companies US, Inc 9171 Towne Centre Drive #460 San Diego, CA 92122 Attn: Matthew W. Reid Your Reference No: 6515 Ambrosia Commonwealth Land Title 750 "B" Street Suite 3000 San Diego, CA 92101 Phone: (619) 233-3000 RECE\VEO rEB '7 2009 C\TY OF CARLSBAD .., PLANN\NG DEPT Our File No: 05725042-609-05 Commercial Title Officer: Danette Starling e-mail: (dstarling@landam.com) Phone: (619) 230-6350 Fax: (619) 233-4607 Property Address: 6515 Ambrosia Lane, City of Carlsbad, California, as to Parcel 1 Vacant Land, City of Carlsbad, California, as to Parcel 2 SECOND AMENDED PRELIMINARY REPORT Dated as of January 26, 2009 at 7:30a.m. In response to the above referenced application for a policy of title insurance, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. CLTA Preliminary Report (Revised 11-17-06) Page 1 File No: 05725042 SCHEDULE A The form of policy of title insurance contemplated by this report is: ALTA Owners 2006 Policy (6-17-06) ALTA Loan 2006 Policy (6-17-06) The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Daybreak Community Church of Coastal North County, a California Non-Profit Religious Corporation, as to Parcel 1 And Daybreak Community Church, a California Nonprofit !Religious Corporation, as to Parcel 2 The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Page 2 File No: 05725042 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel 1: Lot 8 of City of Carlsbad Tract No. 92-3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13434, filed in the Office of the County Recorder of San Diego County, June 23, 1997. EXCEPT therefrom all oil, gas, minerals, and other hydrocarbon substances lying below a depth shown below but with no right of surface entry, as provided in deed Depth: Recorded: Parcel 2: 500 feet May 14, 1999 as Instrument No. 1999-0332102 of Official Records East 112 of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey thereof. Assessor's Parcel Number: 215-841-07 & 215-080-04 Page 3 File No: 05725042 SCHEDULE B -Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. Page 4 File No: 05725042 SCHEDULE B -Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes1 including general and special taxes1 personal property taxesr if anyr and any assessments collected with taxes1 to be levied for the fiscal year 2009 -2010 which are a lien not yet payable. Al. Second installment property taxes, including general and special taxes1 personal property taxes1 if any, and any assessments collected with taxes1 for the fiscal year 2008 -2009. Amount: Penalty & Costs: Code Area: Assessment No.: Said matter affects Parcel 1 $934.93 (Open) $103.49 09027 215-841-07 A2. Second installment property taxes, including general and special taxes1 personal property taxes, if any1 and any assessments collected with taxes1 for the fiscal year 2008 -2009. Amount: Penalty & Costs: Code Area: Assessment No.: Said matter affects Parcel 2 $60.85 (Open) $16.09 09165 215-080-04 B. The lien of any special assessment or tax resulting from the inclusion of the property in a special assessment district or Mello-Roos Community Facilities District1 which may exist by virtue of assessment maps or notices filed and/or recorded by any such district. Assessments/ if any, arising from such assessment districts may be collected with the regular real property taxes. C. Supplemental or escaped assessments of property taxes1 if any1 assessed pursuant to the Revenue and Taxation Code of the State of California. D. An assessment (1915 Act) by the improvement district shown below. Assessment/Bond No.: Series: District: For: Bond Issued: Original Amount: 0000 97-1 City of Carlsbad Reassessment (Alga Road & College Boulevard 88-1) December 151 1997 $Not Set Out Said assessment may ber and usually is1 collected with the County/City general and special taxes. Page 5 File No: 05725042 Said matter affects Parcel 1 1. Water rights, claims or title to water, whether or not shown by the public records. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: Said matter affects Parcel 1 San Diego Gas & Electric Company Public utilities April 16, 1954 in Book 5207, Page 161 of Official Records said land more particularly described therein. 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: San Diego Gas & Electric Company Public utilities July 16, 1954 in Book 5302, Page 379 of Official Records said land more particularly described therein. Said easement has been granted and reserved in various deeds of record. Said matter affects Parcel 2 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: Said matter affects Parcel 1 Carlsbad Municipal Water District pipe lines July 21, 1958 in Book 7174, Page 290 of Official Records said land more particularly described therein. 5. A Record of Survey Map purporting to show various boundaries and dimensions of said land. Map No.: 6269 Said matter affects Parcel 2 6. The fact said land lies within a "Bridge and Thoroughfare District No. 1" established by Resolution No. 8744 by the City of Carlsbad, a certified copy of which was recorded August 19, 1986, Recorder's File No. 86-356638, of Official Records. Said instrument, among other things, provides funds for the construction of the bridge facilities will be generated by fees collected as building permits are issued for development within the boundaries of the district. 7. The matters contained in a document entitled "Title Settlement and Exchange Agreement and Conveyance of Public Access Easement" recorded June 10, 1988 as Instrument No. 88-278452 of Official Records. Reference is made to said document for full particulars. Said matter affects Parcel 1 8. The matters contained in a document entitled "Deed Restriction Trail" recorded April 14, 1989 Page 6 File No: 05725042 as Instrument No. 89-196178 of Official Records. Reference is made to said document for full particulars. Said matter affects Parcel 1 9. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: Said matter affects Parcel 1 March 31, 1989 Aviara Land Associates, Limited Partnership, a Limited Partnership and the City of Carlsbad the payment of a public facilities fee June 5, 1989 as Instrument No. 89-296176 of Official Records 10. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: Said matter affects Parcel 1 June 28, 1989 The City of Carlsbad, a Municipal Corporation and Aviara Land Associates Limited Partnership, a Delaware limited partnership Desiltation Basin Maintenance Agreement June 29, 1989 as Instrument No. 89-345770 of Official Records 11. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: Said matter affects Parcel 1 March 7, 1990 Aviara Land Associates Limited Partnership, a Delaware limited partnership and Western National Homes I Limited, a California Limited Partnership certain improvements and easements March 22, 1990 as Instrument No. 90-153235 of Official Records 12. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: February 20, 1990 Aviara Land Associates Limited Partnership, a Delaware limited partnership; Davidson Coscan Partners, a California General Partnership; Lyon Communities, Inc., a California Corporation; RDC Devco II Limited Partnership, a Delaware limited partnership; A-M Homes, a California Limited Partnership and Bramalea California Inc., a California Corporation unity of control April 16, 1990 as Instrument No. 90-204778 of Official Records A Unity Control Assumption Agreement, upon the terms, covenants, and conditions contained therein Page 7 File No: 05725042 Dated: Executed by and between: Recorded: Said matter affects Parcel 1 May 7, 1999 Aviara Land Associates Limited Partnership, a Delaware limited partnership and Daybreak Community Church of Coastal North County, a California Non-Profit Religious Corporation May 14, 1999 as Instrument No. 1999-0332103 of Official Records 13. The matters contained in a document entitled "Easement and Covenant Regarding CATV Service" recorded June 1, 1990 as Instrument No. 90-298175 of Official Records. Reference is made to said document for full particulars. A portion of said land was released from said instrument by Corporation Quitclaim Deed, dated March 26, 1991, executed by Daniels Cablevision, Inc., a Delaware Corporation, recorded April 15, 1991 as Instrument No. 91-0168675 of Official Records. First Amendment to Easement and Covenant Regarding CATV Service recorded April 15, 1991 as Instrument No. 91-0168678 of Official Records. Said matter affects Parcel 1 14. A document subject to all the terms, provisions and conditions therein contained. Entitled: Dated: Executed by: Recorded: Said matter affects Parcel 1 Hold Harmless Agreement February 20, 1991 Aviara Land Associates Limited Partnership and City of Carlsbad March 22, 1991 as Instrument No. 91-0127324 of Official Records 15. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: Said matter affects Parcel 1 16. Intentionally deleted May 8, 1991 the City of Carlsbad, a Municipal Corporation and Aviara Land Associates Limited Partnership, a Delaware limited partnership formerly Pacific Rim Land Associates Limited Partnership, a Delaware limited partnership Contract for future public improvements June 3, 1991 as Instrument No. 91-0259639 of Official Records 17. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: March 9, 1992 Aviara Land Associates Limited Partnership, a Limited Partnership and the City of Carlsbad, a Municipal Corporation Payment of a public facilities fee April 1, 1992 as Instrument No. 1992-0187218 of Official Records Page 8 File No: 05725042 Said matter affects Parcel 1 18. The matters contained in a document entitled "Easement Grant Deed and Agreement" recorded March 15, 1994 as Instrument No. 1994-0168804 of Official Records. Reference is made to said document for full particulars. Said matter affects Parcel 1 19. The matters contained in a document entitled "Hold Harmless agreement Drainage" recorded January 5, 1995 as Instrument No. 1995-0005398 of Official Records. Reference is made to said document for full particulars. Said matter affects Parcel 1 20. The matters contained in a document entitled "Deed Restriction" recorded August 22, 1995 as Instrument No. 1995-0368883 of Official Records. Reference is made to said document for full particulars. Said matter affects Parcel 1 21. The matters contained in a document entitled "Easement Grant Deed and Agreement" recorded August 31, 1995 as Instrument No. 1995-0388058 of Official Records. Reference is made to said document for full particulars. Said matter affects Parcel 1 22. The fact that the ownership of said land have no rights of vehicular access to the street or highway hereinafter mentioned, except as specified points, said rights have been relinquished by the dedication provisions shown on the map of the tract referred to below Street or Highway: Tract No.: Access Points: Said matter affects Parcel 1 Ambrosia Lane Map No. 13434 Access openings adjacent thereto 23. A restricted zone for clearance and sight distance as delineated and designated North Map No. 13434 Said matter affects Parcel 1 24. Matters contained in the dedication statement or elsewhere on the tract or parcel map shown below, which among the things provide: Tract/Parcel Map: Map No. 13434 Provisions: as follows: Geotechnical Caution: Page 9 File No: 05725042 The owner of this property on behalf of itself and all of it successors in interest has agreed to hold harmless and indemnity the city of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to this subdivision due to its construction, operation or maintenance. Reference is made to said map for full particulars. Said matter affects Parcel 1 25. The subdivision map referred to in the legal description herein contains various restrictions in improving or developing the property herein described. Reference is made to said document for full particulars. Said matter affects Parcel 1 26. The matters contained in a document entitled "Reimbursement and Reciprocal Easement Agreement" recorded August 1, 1997 as Instrument No. 1997-0370228 of Official Records. Reference is made to said document for full particulars. Said matter affects Parcel 1 27. The matters contained in a document entitled "Sewer, Storm Drain, Grading and Access Agreement" recorded August 1, 1997 as Instrument No. 1997-0370229 of Official Records. Reference is made to said document for full particulars. Said matter affects Parcel 1 28. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: Said matter affects Parcel 1 Brehm-Aviara III Development Associates, L.P., a Delaware limited partnership landscape installation, maintenance and repair, wall and/or fence, and trail thereof May 10, 1999 as Instrument No. 1999-0317421 of Official Records said land more particularly described therein. 29. A declaration of covenants, conditions and restrictions which, among other things, may contain or provide for easements; assessments, liens and the subordination thereof; said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Recorded: May 14, 1999 as Instrument No. 1999-0330774 of Official Records NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Page 10 File No: 05725042 Said instrument also provides for the levy of assessments, the liens of which are stated to be subordinate to the lien of a first mortgage or first deed of trust made in good faith and for value. Modification(s) of said covenants, conditions and restrictions Recorded: April 14, 2004 as Instrument No. 2004-0322600 of Official Records Said matter affects Parcel 1 30. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded March 19, 2001 as Instrument No. 2001-0156231 of Official Records. Reference is made to said document for full particulars. Said matter affects Parcel 1 31. The matters contained in a document entitled "Hold Harmless Agreement Drainage" recorded July 26, 2001 as Instrument No. 2001-0522750 of Official Records. Reference is made to said document for full particulars. Said matter affects Parcel 1 32. The matters contained in a document entitled "Hold Harmless Agreement Geological Failure" recorded August 9, 2001 as Instrument No. 2001-0565986 of Official Records. Reference is made to said document for full particulars. Said matter affects Parcel 1 33. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: Said matter affects Parcel 1 City of Carlsbad, a Municipal Corporation for slope and construction purposes September 12, 2001 as Instrument No. 2001-0653974 of Official Records said land more particularly described therein. 34. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: Said matter affects Parcel 1 Carlsbad Municipal Water District, a Public Agency water line easement, pipe lines, pumping facilities, utilities, ingress and egress September 13, 2001 as Instrument No. 2001-0656932 of Official Records Parcel 1 Page 11 File No: 05725042 35. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: Said matter affects Parcel 2 City of Carlsbad, a Municipal Corporation slope, public street, drainage and temporary construction purposes June 14, 2002 as Instrument No. 2002-0507610 of Official Records said land more particularly described therein. 36. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: Said matter affects Parcel 2 City of Carlsbad, a Municipal Corporation easement for public street and public utility purposes July 9, 2003 as Instrument No. 2003-0813758 of Official Records said land more particularly described therein. 37. A Record of Survey Map purporting to show various boundaries and dimensions of said land. Map No.: 17470 Said matter affects Parcel 2 38. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: Dated: Trustor: Trustee: Beneficiary: Recorded: Loan No.: $3,300,000.00 October 13, 2006 Daybreak Community Church of Coastal North County, a California Non-Profit Religious Corporation First Santa Clara Corporation, a California Corporation Bank of the West October 19, 2006 as Instrument No. 2006-0741601 of Official Records Not Set Out (New) 39. An assignment of all monies due or to become due as rental or otherwise from said land, to secure payment of an indebtedness, shown below and upon the terms and conditions therein Amount: $3,300,000.00 Assigned to: Bank of the West By: Daybreak Community Church of Coastal North County, a California Non-Profit Religious Corporation Recorded: October 19, 2006 as Instrument No. 2006-0741602 of Official Records 40. A financing statement filed in the office of the County Recorder, showing: Debtor: Secured Party: Date: Recorded: Property Covered: Daybreak Community Church of Coastal North County Bank of the West Not Set Out October 19, 2006 as Instrument No. 2006-0741603 of Official Records Fixture Filing Page 12 File No: 05725042 41. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: Dated: Trustor: Trustee: Beneficiary: Recorded: Loan No.: $150,000.00 June 12, 2007 Daybreak Community Church of Coastal North County, a California non-profit religious corporation First Santa Clara Corporation, a California Corporation Bank of the West, a California Banking Corporation June 18, 2007 as Instrument No. 2007-0409323 of Official Records Not Set Out Said deed of trust recites that it secures a line of credit. If the line of credit is to be paid off in this transaction, this Company will require that the written demand for payment state that the line of credit has been frozen and that the demand is not subject to increase for any additional advances or draws. Accordingly, it is recommended that any request for a payoff demand statement advise the beneficiary of our requirement, and that the request be accompanied by: the borrower's written request to freeze the line of credit, the surrender of any unused checks or drafts, and anything else that may be required by the lender in order to issue an unconditional demand. 42. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County: Fiscal Year: Taxpayer: County ID No.: Amount: Recorded: San Diego 2003 -2004 Daybrake Community Church LS of Wells Fargo Financial Le 03-021476 (Year/Bill No.) $45.13, plus penalty and costs December 5, 2003 as Instrument No. 2003-1445982 of Official Records 43. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County: Fiscal Year: Taxpayer: County ID No.: Amount: Recorded: County of San Diego 2005-2006 Daybreak Community Church LS of Greater Bay Capital 05-066927 (Year/Bill No.) $21.39, plus penalty and costs October 24, 2005 as Instrument No. 2005-0919130 of Official Records 44. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. 45. Any rights, interests or claims of the parties in possession of said land, including but not limited to those based on an unrecorded agreement, contract or lease. This Company will require that a full copy of any unrecorded agreement, contract or lease be submitted to us, together with all supplements, assignments and amendments, before any policy of title insurance will be issued. Page 13 File No: 05725042 46. Any easements not disclosed by those public records which impart constructive notice and which are not visible and apparent from an inspection of the surface of said land. 47. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose, and which are not shown by the public records. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION Page 14 File No: 05725042 REQUIREMENTS SECTION: REQ N0.1: The Company will require a certified copy of the Resolution of the Board of Directors of the following corporation authorizing the transaction for which this Preliminary Report was ordered. Corporation: Corporation: Daybreak Community Church of Coastal North County, a California Non-Profit Religious Corporation Daybreak Community Church, a California Nonprofit Religious Corporation REQ N0.2: This company reserves the right to make additional requirements and exceptions upon the review of documentation requested or submitted for the completion of the proposed transaction. REQ N0.3: The Company will require that the attached "Owner's Information Statement" be completed by the owner of the estate described or referred to in Schedule A immediately prior to the close of this transaction and be returned to us. The purposes of the Owner's Information Statement is to provide the Company with certain information that cannot necessarily be ascertained by making a physical inspection of the land. Page 15 File No: 05725042 INFORMATIONAL NOTES SECTION NOTE NO. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO. 2: California insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank of California 445 South Figueroa Street Los Angeles, CA 90071-1655 Phone (800) 218-6466 ABA # 122-000-496 Credit To: Commonwealth Land Title Company-Commercial Services Account #9100511654 RE: 05725042 988 -D3S PLEASE INDICATE COMMONWEALTH LAND TITLE COMPANY ESCROW OR TITLE ORDER NUMBER NOTE NO. 3: The charges which the company will make for next day messenger services (i.e. Federal Express, UPS, DHL, Airborne, Express mail, etc.) Are $15.00 per letter, standard overnight service, and $25.00 for larger size packages and/or priority delivery services. Such charges include the cost of such messenger service and the company's expenses for arranging such messenger service and its overhead and profit. Special messenger services will be billed at the cost of such services. There will be no additional charge for pick-up or delivery of packages via the company's regularly scheduled messenger runs. NOTE NO. 4. Intentionally Deleted. NOTE NO. 5. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an ALTA Loan Policy, when issued. Page 16 File No: 05725042 NOTE NO. 6. The following information will be included in the CLTA Form 116 or ALTA Form 22- 06 Endorsement to be issued pursuant to this order: There is located on said land: commercial/industrial property Known as: 6515 Ambrosia Lane, City of Carlsbad, California, as to Parcel 1 Vacant Land, City of Carlsbad, California, as to Parcel 2 NOTE NO. 7. There are no conveyances affecting said land recorded within 24 months of the date of this report. NOTE NO. 8. THIS COMPANY REQUIRES CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: (a) If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. (b) If this Company cannot obtain a verbal update on the demand, we will either pay off the expired demand, or wait for the amended demand, at our discretion. (c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). NOTE NO.9: Intentionally Deleted. NOTE NO. 10: Intentionally Deteted. NOTE NO. 11: If taxes are posted paid less than 45 days, the Company will hold the tax amount plus delinquency amount until 45 days have elapsed. If taxes have been paid through an impound account or if a copy of the cancelled check can be provided to us, this requirement can be waived. Typist: rh3 /cph Date Typed: April 30, 2008 I May 7, 2008 Page 17 Exhibit B (Revised 11-17-06) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/22/03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on the Land e. Land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. File No: 05725042 2. The failure of Your existing structures/ or any part of them1 to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it/ unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created1 allowed1 or agreed to by You 1 whether or not they appear in the Public Records; b. that are Known to You at the Policy Date/ but not to Us1 unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 71 8.d1 22/ 231 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets1 alleys/ or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owne(s Coverage Statement as follows: For Covered Risk 141 151 16 and 181 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: Your Deductible Amount 1% of Policy Amount or $2,500 (whichever is less) 10/o of Policy Amount or $5,000 (whichever is less) 1°/o of Policy Amount or $5,000 (whichever is less) 1°/o of Policy Amount or $2,500 (whichever is less) Our Maximum Dollar Limit of Liability $10,000 $25,000 $25,000 $5,000 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B1 you are not insured against loss/ costs1 attorneys' fees 1 and expenses resulting from: 1. Governmental police power1 and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it1 unless: 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 knowing of the taking 3. Title Risks: that are created1 allowed/ or agreed to by you that are known to you/ but not to US1 on the Policy Date --unless they appeared in the public records that result in no loss to you that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A OR in streets/ alleys1 or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage1 costs1 attorneys' fees or expenses which arise by reason of: 1. (a) Any law1 ordinance or governmental regulation (including but not limited to building and zoning laws1 ordinances/ or regulations) restricting/ regulating/ prohibiting or relating to (i) the occupancy/ use1 or enjoyment of the land; (ii) the File No: 05725042 character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (iii)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. File No: 05725042 (b) Any governmental police power. This Exclusion 1(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) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or File No: 05725042 (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. File No: 05725042 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that s notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. Co on ealth Title Notice to Customers Commonwealth Land Title 750 "B" Street Suite 3000 San Diego, CA 92101 Phone: (619) 233-3000 Fax: (619) 233-7341 File No: 05725042 You may be eligible for a $20.00 reduction in your title or escrow fees in this transaction charged by Commonwealth Land Title Insurance Company pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group, Inc .. et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor. et al. v. LandAmerica Financial Group. Inc .. et al., Los Angeles Superior Court Case No. BC 231917. You are eligible for this $20.00 reduction in your title or escrow fees if you meet the following requirements: 1. You are a natural person or trust; 2. Your transaction involves the purchase, sale or refinancing of residential real property containing one- to-four-dwelling units; 3. You previously purchased title insurance or escrow services involving a transaction which closed between May 19, 1995 and October 8, 2002 from one of the following companies: LandAmerica Financial Group, Inc. Commonwealth Land Title Insurance Company or Commonwealth Land Title Company Lawyers Title Insurance Corporation or Lawyers Title Company First American Title Insurance Company, First American Title Company, First American Title Guarantee Company Fidelity National Financial, Inc. Fidelity National Title Insurance Company Fidelity National Title Company Fidelity National Title Insurance Company of California, Inc. Fidelity National Loan Portfolio Services Ticor Title Insurance Company Security Union Title Insurance Company Chicago Title Insurance Company Chicago Title Company Chicago Title and Trust Company Rocky Mountain Support Services, Inc. California Tracking Service, Inc. Title Accounting Services Corporation 4 You did not receive a $65.00 cash payment from LandAmerica Financial Group, Inc. in the reconveyance fee claims process pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group, Inc .. et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor. et al. v. LandAmerica Financial Group. Inc .. et al., Los Angeles Superior Court Case No. BC 231917. If you meet the foregoing requirements and want the $20.00 fee reduction complete this form and return it to your Commonwealth Land Title Insurance Company escrow or title officer. NOTE: If you are eligible for the $20.00 fee reduction please complete and return this form. You must advise us of your eligibility prior to closing in order to receive the $20.00 fee reduction. Name: Address: Telephone No: Co n ealth Title Notice to Customers Commonwealth Land Title 750 "B" Street Suite 3000 San Diego, CA 92101 Phone: (619) 233-3000 Fax: (619) 233-7341 File No: 05725042 You may be eligible for a $20.00 reduction in your title or escrow fees in this transaction charged by Commonwealth Land Title Insurance Company pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group, Inc .. et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor. et al. v. LandAmerica Financial Group. Inc .. et al., Los Angeles Superior Court Case No. BC 231917. You are eligible for this $20.00 reduction in your title or escrow fees if you meet the following requirements: 1. You are a natural person or trust; 2. Your transaction involves the purchase, sale or refinancing of residential real property containing one- to-four-dwelling units; 3. You previously purchased title insurance or escrow services involving a transaction which closed between May 19, 1995 and October 8, 2002 from one of the following companies: LandAmerica Financial Group, Inc. Commonwealth Land Title Insurance Company or Commonwealth Land Title Company Lawyers Title Insurance Corporation or Lawyers Title Company First American Title Insurance Company, First American Title Company, First American Title Guarantee Company Fidelity National Financial, Inc. Fidelity National Title Insurance Company Fidelity National Title Company Fidelity National Title Insurance Company of California, Inc. Fidelity National Loan Portfolio Services Ticor Title Insurance Company Security Union Title Insurance Company Chicago Title Insurance Company Chicago Title Company Chicago Title and Trust Company Rocky Mountain Support Services, Inc. California Tracking Service, Inc. Title Accounting Services Corporation 4. You did not receive a $65.00 cash payment from LandAmerica Financial Group, Inc. in the reconveyance fee claims process pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group. Inc .. et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor. et al. v. LandAmerica Financial Group, Inc .. et al., Los Angeles Superior Court Case No. BC 231917. If you meet the foregoing requirements and want the $20.00 fee reduction complete this form and return it to your Commonwealth Land Title Insurance Company escrow or title officer. NOTE: If you are eligible for the $20.00 fee reduction please complete and return this form. You must advise us of your eligibility prior to closing in order to receive the $20.00 fee reduction. Name: Address: Telephone No: 09 ;;:;-t< i I 15 i5 ~ ! ~ ;= !i1 :;; ~ !i i g ~ I I ~ ~ ~ !!I I ~ ~ 8 ~ "' s i "' i '"' l'l I "' i "' ~ ~ ~ ~ ~ ~ il "' = i! '" ~ u ~ " 1-800;..345-7334 SCALE IN 1/10 OF AN JliCH I' , , , , , , , ',I' , , 1 , 1 1 1 ~~ 1 1 1 1 ' 1 1 1 ~~ 1 1 ' 1 1 ' 1 1 ~~ 1 1 1 1 1 1 1 1 1 51 , 1 ' ' ' ' '~n 6 1 81~ ~ r.....-~~·"t ...... ~,~"'f '....:' ~;} ]j' '-~n-r ~ ~~ ~ . ~ ~ . ~ . L ~ I'' ~~ ~1:: ~ ~ ~ ~ ' ~ "'" .,_.,jjo.,-t @ ~ ~ \99 SHT 2 '" @) @ J• 6.81 AC 88 SHT1 ~ SHT 2 /CASSIA RD ~ 5.11< DIEGO COJHlY ASSESSOO"S iiAP ! 215-84 SHT 2 OF 2 1" = 200' 12/16/99 DJB o-r lfi-X-!17 lhtfHJ rrr:m:n """' CHANG I Sl fiX PRICti APH >CWNH lliaJrMl: '" Of1Hl!JD798 " , Prl/......., 1• NO ACCESS 2• OPEN SPACE J• NSP CARlSBAD TCT NO 97-17 CTRLI 5788 IXJ /Gl!J -- MAP 13434-CARLSBAD TCT NO 92-3 PHASE III UNIT NO 1 ·"'·'' ·'{'/ t... .... ·• _j 09 ~ s 1'-( E9 ~ ~ SAN DIEGO COUNlY ASSESSOR'S MAP BOOK 215 PAGE 08 ® SHT 2 615.45 N69"46'56"E @ PAR I J..l N89"6'54"w SBE MAP 2600-37-15 'M '----g EiJ SHT 1 zl "D" RESERVOIR-TWIN TAN~:.;~"',.:;;·~ I 332.03 NB6"57'15W I g @ SHT 4 ~~u~ ~~~~JWllJtil}J.~~rM€tim !~sEs 2~~ils'b~lfi,~fk~~~ MAY NOT COt.f'LY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. 6i) SHT 1 'a. ~;01" ~=~ ~ --c ' " ·~ ·~ N45007'24"E 26.02 E9 DETAIL "A" 1"=100' : tnt.rn~?3'0tf'W 215-08 SHT 1 OF 4 ,t ~ 5/24/07 MGS CHANGES BLK OLD NEW YR CUT :3 ~ ~(10 6 2255 7 t!lt'tz 71 4.5/J:. lt>/IZ /3(14 77 3133 14 15!"!" 79!38~ ~13/1§ 17-1.9 B/ /604 l"f/8 Zo~ZI Bz 27'11 P80 9 ZLf23 :?a &232 l ~ltu •• lSI -l"j';~ p.J· -<£5 24 26&27 98 1193 17 28 98 1030 25 29&30 98 1358 26&30 ~gk\j· 98 56 1. _,J,L., ~;;.. 98 1743 19&22 SAME 98 4780 STOP 5 ~~~· 99 4642 19 PG 95 01 161 31 ~d!' 02 4782 22 M'"{'Jt 03 4632 4 W'l# 04 4684 22 PGOS "'" 04 87 31 lfts08 4 04 98 4 ~~~'/; 04 5618 29 B~C 05 5667 11'~~ PG 95 08 21 SEC 22-T12S-R4W-SE 1/4 ROS 584,6269,10774,13762,17470 VOID STATE OF CALIFORNIA COUNTY OF To: the Company Re: Title Order 05725042 OWNER'S INFORMATION STATEMENT } ss The undersigned, first being duly sworn, deposes and says: 1 ). That I/we are the owner( s) of that certain real property located in the County of San Diego described in the report referenced above: That the land is improved by a: 0 Single Family residence: 0 one to four family residence 0 Apartment building 0 Office building 0 Commercial building 0 Combination office and commercial building 0 Industrial building 0 2). That there have been no repairs, work of improvement or materials furnished to the premises within the last 12 months, except That the work of improvement or repairs, if any: 0 Started on __________ _ 0 Was completed on _______ _ 0 Will be completed on ______ _ 3). There are no unpaid bills for labor of material because of any improvements or repairs made to the above premises; except 4). That there is no one in possession of or has access to the premises other than: 0 the undersigned 0 tenants based only on month-to-month rental agreements 0 lessees based upon existing leases, copies of which are attached hereto* 0 5). That no person(s) other those mentioned above have any rights, easements, licenses, or agreements allowing them to use, encroach on, or travel over said real property except--------------- (enter "none" if such is true) 6). That the undersigned has not received any supplemental tax bill which is unpaid. 7). That this declaration is given for the purpose of inducing the Company and Commonwealth Land Title Insurance Company to issue its policy(ies) of title insurance under the above referenced title order which may provide coverage as to the items mentioned above and that the statements made herein are true and correct of my/our knowledge. Owner's Information Statement (11/02) *Declarant(s), please remember to attach copies. Executed under penalty of perjury on the ____ day of _________ , 2 __ . Signature Owner's Information Statement (11102) Signature Request for Rt,.-=und City of Carlsbad 00132104301 -ITEM #20 ($1136.85) 00113104904 -ITEM #52 ($ 57.54) Account#: 00132104817 -ITEM #310 ($ 292.00) FiLE COP Vendor#: Amount of Refund: $1,486.39 Fee Paid For: coP 09-02 ~~~------~~~=------------ Date Fee Paid: 01/21/09 Fee Paid By: ----------DAYBREAK COMMUNITY CHURCH Fee Supporting Request: INCORRECT APPLICATION; SHOULD BE AN AMENDMENT NAME OF APPLICANT: DAYBREAK COMMUNITY CHURCH STREET ADDRESS: 6515 AMBROSIA LANE ----------------------------------------- CITY, STATE & ZIP: CARLSBAD CA 92011 PREPARED BY: BRIDGET DESMARAIS DATE: 09/10/09 -------- APPROVING , DEPARTMENT OFFICIAL:($r,L_L<){l/1Zt~~:t£:.-=: DATE: APPROVING OFFICIAL: Q..L:bvi-"-J1L"-/i_L=._:' =-· ____ _ DATE 9-;o-o9 ( City of Carlsbad Faraday Center Faraday Cashiering 001 0902101-1 01/21/2009 75 ~led, Jan 21 , 2009 08:46 At4 Receipt Ref Nbr: R0902101-1/0016 PERMITS -PERMITS Tran Ref Nbr: 090210101 0016 0017 Trans/Rcpt#: R0073329 SET #: CDP09002 Amount: Item Subtotal: Item Tot a 1: 1@ $1,486.39 $1 ,486.39 $1,486.39 **************************************** * DUPLICATE COPY ""'" * * 09/10/2009 08:58:58 AN * **************************************** PERMITS -PERMITS Tran Ref Nbr: 090210101 0016 0018 Trans/Rcpt#: R0073328 SET #: CUP0006A Amount: Item Subtota 1 : Item Tot a 1: 2 ITEM(S) TOTAL: Check (Chk# 012772) Check (Chk# 012771) 1 @ $2,240.00 $2,240.00 $2,240.00 Credit Card (Auth# 70559Z) Total Received: $3, 726 .. 39 $57.54 $3,001.00 $667.85 $3,726.39 Have a nice day! 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Bridget Desmarais From: Michele Masterso_n Sent: To: Thursday, September 10, 2009 7:37AM Bridget Desmarais Subject: FW: CDP 09-02 Daybreak Community Church Please refund 100% of the fees associated with the CDP. Thank you. Michele A. Masterson Senior Management Analyst P: 760-602-4615 F: 760-602-8559 Michele.Masterson@carlsbadca.gov From: Shannon Werneke Sent: Wednesday, September 09, 2009 5:44 PM To: Michele Masterson Subject: FW: CDP 09-02 Daybreak Community Church Michele, As we discussed, please consider the email below as the applicant's request to withdraw CDP 09-02. Contrary to what is requested below, not all of the fees associated with this project (i.e. SDP and CUP) are to be refunded, just the fees associated with CDP 09-02. A new CDP amendment will be filed in its place. Thanks, Shannon From: Thane Thayer [mailto:thane@tmlsarc.com] Sent: Wednesday, September 09, 2009 5:20PM To: Shannon Werneke Subject: CDP 09-02 Daybreak Community Church City of Carlsbad Planning Department Re: CDP 09-02 Daybreak Community Church This is a request to withdraw CDP 09-02 for Daybreak Community Church. Daybreak Community Church will apply under CDP 00-09 (A). Please refund fees paid to CDP 09-02, SDP 00-06(A) and CUP 00-06(A). Please provide total amount for fees to be paid to file CDP 00-09(A), SDP 00-06(A) and CUP 00-06(A). Revised application plans ret1ecting the new CDP 00-09(A) filing will be submitted in short order. We understand our current scheduling will be unchanged. Please contact us if you need further information, 1 Thane Thayer TIMELESS ARCHITECTURE 9891 Irvine Center Drive #140 CA 92618 P!l 949 83'1 81 iO FX 949 951 ·2820 2 DAYBREAK COMMUNITY CHURCH 6515 AMBROSIA LANE PAY TO THE ORDER OF MEMO CARLSBAD, CA 92011 . (760) 931-7773 CITY OF CARLSBAD ~ Thousand One Dollars And No Cents CITY 0,: CARLSBAD POBOX9009 CARLSBAOCA 92018 UNION BANK OF CAUFORNIA la Coola #92 8988BCominoReol ~.CA!I2009 800 238 4488 111612009 $ vo ~A~ 12771 16-49-1220 3,001.00 DOLLARS la=o ************************************ I . l I ! (! I I i DAYBREAK COMMUNITY CHURCH 6515 AMBROSIA LANE CARLSBAD, CA 92011 (760) 931-7773 PAY TO THE ORDER OF CITY oF CARLSBAD Fifty Seven DOllars And 54 Cents CITY OF CARLSBAD POBOX9009 CARLSElAD CA 92018 MEMO UNION l!IAHK OF CAUFORNIA tf1612009 $ vo ~ 12772 1~1220 I 5 57.54 I DOLLARS f?J J JQ=t) l ... ************************************ I 1 :it y of Cew 1 sbac~ ·araday Center :·araday Cash'ierin::J 001 0902101-1 Oi/21/2009 75 !,'led, Jan 21 , 2009 08: 46 t~.M 1\ece i pt ~~el' Nb r: R09021 01 ·· ·1/00 16 PEHMITS ·· PERMITS ·ran Ref ~~br: 090210101 001f) 0017 · · rans/Rcpt#: R0073329 :.lET #: CDF09002 1\rnount: :tern Subtota 1 : :tern Tot a 1: llERMITS -P['{MITS 1 @ $1 '4El6 . 39 $1,486 '39 $1,486.38 Tran Ref Nbr. 090210101 0016 0018 -rans/Rcpt#: R0073328 ~!ET #: CUPOOOl1A i1mount: ::tem Subtata l : :otem Total: T TEM (:::;) '1'('1' 1'' ' . .~. ~,, d ML ~ Check. (Chk# 01277?) Check (Chk# 012771) 1 @ $2,240.00 $2,240.00 $2,240.00 $3,?26,38 Credit Card (Auth# 70,5592) ··otal Received: $57.54 $3,001.00 $667.85 $3,726.39 Have a nice day! **************CUSTCJMEI,' City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Applicant: TIMELESS ARCHITECTURE Description Amount CUP0006A 2,240.00 Receipt Number: R0073328 Transaction ID: R0073328 Transaction Date: 01/21/2009 Pay Type Method Description Amount Payment Check 2,240.00 Transaction Amount: 2,240.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111111111111111111111111111111111111111111111111111 Applicant: TIMELESS ARCHITECTURE Description Amount CDP09002 1,486.39 Receipt Number: R0073329 Transaction ID: R0073329 Transaction Date: 01/21/2009 Pay Type Method Description Amount Payment Check 1,486.39 Transaction Amount: 1,486.39 ! r! City of Carlsbad Faraday Center Faraday Cashiering 001 0910502-1 04/15/2009 32 Wed, Apr 15, 2009 02:25 PM Receipt Ref Nbr: R0910502-1/0037 PERMITS -PERMITS Tran Ref Nbr: 091050201 0037 0042 Trans/Rcpt#: R0074376 SET #: SDP0006A Amount: Item Subtotal: Item Total: ITEM(S) TOTAL: Check (Chk# 013093) Total Received: Have a nice day! 1 @ $2,768.00 $2,768.00 $2,768.00 $2,768.00 $2,768.00 $2,768.00 **************CUSTOMER COPY************* DAYBREAK COMMUNITY CHURCH Pay Date 4/15/2009 Check# 013093 Payee: CITY OF CARLSBAD *Account *001/083/6743 Amount* 2,768.00* *Description 13093 2,768.00* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111111111111111111111111111111111111111111111111111 Applicant: TIMELESS ARCHITECTURE INC Description Amount SDP0006A 2,768.00 Receipt Number: R0074376 Transaction ID: R0074376 Transaction Date: 04/15/2009 Pay Type Method Description Amount Payment Check 2,768.00 Transaction Amount: 2,768.00 City of Carlsbad Faraday Center Faraday Cashiering 001 0910502-'1 04/15/2009 32 Wed, Apr 15, 2009 02:25 PM Recelpt Ref Nbr: R0810502-1/0037 PERMITS -PERMITS Tran Ref Nbr: 091050201 003'7 0042 Trans/Rcpt#: R0074376 SET #: SDP0006A Amount: Item Subtotal : Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 013093) Total Received: Have a nice day! 1 @ $2 ,768 '00 $2,768.00 $2,768.00 $2,768.00 $2,768.00 $2,768.00 **************CUSTOi~EH COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111111111111111111111111111111111111111111111111111 Applicant: TIMELESS ARCHITECTURE INC Description Amount SDP0006A 2,768.00 Receipt Number: R0074376 Transaction ID: R0074376 Transaction Date: 04/15/2009 Pay Type Method Description Amount Payment Check 2,768.00 Transaction Amount: 2,768.00 City of Carlsbad Faraday Center Faraday Cashier1ng 001 0926601-1 09/23/2009 32 Wed, Sep 23, 2009 08:45 AM Receipt Ref Nbr: R0926601-1/0006 PERMITS -PERMITS Tran Ref Nbr: 082660101 0006 0006 Trans/Rcpt#: R0076319 SET #: CDP0009A Amount: It ern Subtota 1 : Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 013639) Total Received: Have a nice day! 1 @ $757.90 $75'7 .90 $757.90 $757.90 $757.90 $757.90 **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Applicant: TIMELESS ARCHITECTURE INC W Description Amount CDP0009A 757.90 Receipt Number: R0076319 Transaction ID: R0076319 Transaction Date: 09/23/2009 Pay Type Method Description Amount Payment Check 757.90 Transaction Amount: 757.90 City of Carlsbad Faraday Center Faraday Cashiering 001 0935601-1 12/22/2009 96 Tue, Dec 22, 2009 11:09 AM Receipt Ref Nbr: R0935601-1/0020 PERMITS -PERMITS Tran Re'f Nbr: 093560101 0020 0020 Trans/Rcpt#: R0077556 SET #: DWG4661L Amount: Item Subtota 1 : Item Total: ITE14(S) TOTAL: Check (Chk# 013843) 1@ $1,612.00 $1,612.00 $1,612.00 Credit Card (Auth# 087980) Total Rece·ived: $1,612.00 $1,592.00 $20.00 $1,612.00 Have a nice day! **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111111111111111111111111111111111111111111111111111 Applicant: RYAN COMPANIES US INC Description Amount DWG4661L 1,612.00 Receipt Number: R0077556 Transaction ID: R0077556 Transaction Date: 12/22/2009 Pay Type Method Description Amount Payment Check 1,612.00 Transaction Amount: 1,612.00