HomeMy WebLinkAboutSDP 2016-0001; CARLSBAD OAKS NORTH LOT 24; Site Development Plan (SDP)•• •
•
••„-,.
41#
Development ServicesLAND USE REVIEW Planning DivisionAPPLICATION1635 Faraday Avenue
P-1 o&.(760) ca(760ri )60d203.8
-
46100vwww.
•
•
•
APPLICATIONS APPLIED FOR:(CHECK BOXES)
Pevekoment Permits (FOR DEPT. USE ONLY)LepliSiftWe Perming (FOR DEPT. USE ONLY)
El Coastal Development Permit El Minor El General Plan Amendment
0 Conditional Use Permit
Minor ['Extension El Local Coastal Program Amendment
•
D.Day Care (Large)0 Master Plan 0 Amendment
Environmental impact Assessment El Specific Plan •El Amendment
O Habitat Management Permit El Minor El Zone Change
O Hillside Development Permit 0 Minot'p Zone Code Amendment
Nonconforming Construction Permit South Carlsbad Coastal Review Area Penults
0 Planned Development Permit 0 Minor El Review Permit
Ei Residential Non-Residential 0 Administrative ci Minor El Major
O Planning Commission Determination •
El Reasonable Accommodation Village Review AntaPemilts
•Site Development Plan ®Minor 201(e—
1
-1Li Review PermitCOOI
Special Use Permit Administrattve El Minor El Major
D Tentative Parcel Map (Minor Subdivision)
0 Tentative Tract Map (Major Subdivision).
0 Variance n Minor
NOTE:A PROPOSED PROJECT REQUIRING MULTIPLE APPUCATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).:209-120-18
PROJECT NAME:Carlsbad Oaks Lot 24
BRIEF DESCRIPTION OF PROJECT:Ground-up Development of a (10.9 AC.) site with a newTi144,500 SF) shell buliding.(±25,900 SF)
Mezzanine Included. New parking and striping. new site lighting. new loading faallitles. and new
landscape areas are to beinciuded with this applicatIon.•
BRIEF LEGAL DESCRIPTION:LOT 24 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS NORTH PHASE 3,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16145, FILED IN THE OFFICE OF THE COUNTY
RFCAIRlaFft OF RAN nrFc4o COUNTY OCTOBER 13. 2016
LOCATION OF PROJECT:Lot 24 Whiptail Loop W.
•STREET ADDRESS
•ON THE:East SIDE OF WhiPtail Loop West
(NORTH, SOUTH, EAST, WEST)(NAME OF STREET)
BETWEEN Gazelle Ct.AND Caribou Ct ••
(NAME OF STREET)(NAME OF STREET)
tION IVAP ..d0t11i•
P-1 Page 1 of 6 Revised 03/18
•-
•
OWNER NAME •APPLICANT NAME (Print):•Nathan Dean(Print):Adam Robinson
MAILING ADDRESS: .1010 S. Coast Highway 101, Suite 103 MAILING ADDRESS: 6363 Greenwich Dr. Suite 175
CITY,STATE, ZIP:Encinitas, CA 92104 .CITY, STATE; ZIP:San Diego, CA 92122
TELEPHONE 760-47376838 •TELEPHONE:858-638-7277
!NAIL ADDRESS:adarrerafpacIficagrotip.com EMAIL ADDRESS:ndean@warernalcomb.com
AlfICERTIFY THAT I AM THE LEGAL •AahL AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND •.117 CT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE.I CERTIFY AS ER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE.
S ET FORTH HER N IS MY •w-ORIZED REPRESENTATIVE FORJP•PURPOSES OF •''U /•
•//5/19 QijeA r
,•7 lb
ataousgi w SIG RE CIA
••
APPLICANTS REPRESENTATIVE (Print):Robert Park
MAILING ADDRESS:6363 Greenwich Dr. Suite 175
CITY, STATE, ZIP:San DiegO, CA 92122 •
TELEPHONE:858-638-7277
EMAIL ADDRESS:rpark@waremalcomb.cOm
•
I CERTIFY THAT I AM THE REPRESENTATIVE OF. THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS D CORRECT TO THE BEST/ OF MY •
10.1 /SA
.SIG RE DATE ••
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR •MEMBERS OF CITY STAFF,PLANNING
COMMISSIONERS OR CITY COUNCI MBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION.INVE CONSENT T FOR MS PURPOSE.
•NOTICE OF RESTRICTION:ERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE •HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BI UCCESS •
•••
OWNER SIGNATURE •
•
•
•• •
FOR CITY USE k:oNLY
RECEIVED
NOV 17 2016
CITY OF CARLSBAD
•DATE iitiCARONWICERPINANCEIVED
RECEIVED BY:
•
•\J M24517
P-1 •Page 2 dB •Revised 03/18
•
Indemnification and Insurance Requirement for Village Area Administrative Permit
Certification Statement:
I Certify that I am the Lena! Business Owner of the subject business and that all of the above Information is true
and correct to the best of my knowledge.I agree to accept and abide by any conditions placed on the subject
project as a result of approval of this application.'I agree to indemnify,hold harmless, and defend the City of
Carlsbad and Its officers and employees from all claims, damage or liability to persons or property arising from or
caused directly or Indirectly by the Installation or placement of the subject property on the public sidewalk and/or
-the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability
was caused by the sole active negligence. of the City of Carlsbad or its officers or employees.I have submitted a
Certificate of Insurance to the. City of Carlsbad •In the amount of one million dollars issued by a company which
has a rating in the latest "Best's Rating Guide" of "A-"or better and a financial size of $50-$100 (currently class
V11)or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City.
I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy.The
notice shall be delivered to:
•City Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad •
•
The insurance shall remain in effect••-..ng as the property is placed on the public sidewalk or the business
is operated on the public sidewalk.is : f reement is a condition of the issuance of this administrative •permit for
the subject of this permit on th pu •'sidewalk.I understand that an approved administrative permit shall
remain in effect for as long as ••• •r displays are permitted within the Village Review Area and the permittee
remains in complian•bject approvz.•
natiAmt.A .yo.:-11 II5 (u
Certification Statement:
I.Certify that I am the Lena'Property the subject business location and that all of the above
information is true and correct to the of ()Wedge.I support the applicant's request for a permit to •
place the subject property on the p c si lk.I understand that an approved administrative permit shall
remain in effect for as long as o or lays are• permitted within the Village Review Area and the permittee
remains in compliance with the J approved permit
Ain 0*Mt.:11115/1(„
•
•
•
•
•
•
P-1 Page 3 of 6 Revised 03/16
LAND USE REVIEW APPLICATION FORM
INSTRUCTIONS TO APPLICANTS
In order to streamline the application process and reduce duplication in filling out application (1forms, the city has adopted a comprehensive application form to handle multiple application '
submittals.The following instructions should assist you in preparing the application form for
submittal to the city:
Applications applied for:Check the appropriate boxes for the various application types for which
you are applying.Check with counter staff to determine required application types needed to
process your specific project.
Assessor Parcel No(s).:Include all assessor parcel numbers included within the project
boundary.The counter staff can assist you in determining the appropriate assessor parcel
number(s).
Project Name:Fill in the box with the name of the project, such as ''Red Oak Homes" or "Benson
Commercial."If no name is proposed, write the last name of the owner or applicant plus a brief
description such as "Jones Condo Conversion" or "Smith Residential Subdivision."
Brief Description of Project:Write down a brief description of the project.Be specific but do not
include square footage or architectural details.For example:a neighborhood commercial center
with two restaurants; single family detached residential project; or an industrial/office complex with
three industrial/office buildings.
Owner's Name, Address,Phone Number, Email address and Signature:To be filled in and
signed by the owner for all applications.Use the owner's name as it appears on the title report.
Applicant's Name, Address, Phone Number, Email address and Signature:To be filled in and
signed by the applicant.If owner and applicant are the same you may write same on the space for
the name.All correspondence and contact regarding the application will be directed to the
applicant.
Brief Legal Description:Provide a brief legal description of the property such as "Lot 6 of Map
No.8828 Carlsbad Tract 88-3" or "Portion of Lot I of Rancho Agua Hedionda map 1717."Do not
provide bearings and distances.A full legal description will be contained within the title report
submitted with the application.
Location of Project:Fill in the blanks with the street address (if appropriate), direction and street
names.For projects located in undeveloped areas not adjacent to streets, use the nearest street
from which the project will take access.
Consent to Allow Entrance onto the Property:Signature granting members of city staff,
Planning Commissioners, or City Council members' permission to inspect and enter the property.
Notice of Restriction:Property owner acknowledges and consents to a Notice of Restriction if
conditioned for the applicant.Notices of Restriction run with the land and bind any successors in
interest.
Application Requirements:Attached with the application form are the various submittal requirements
for each application type listed on the face of the application.Follow any instructions contained within
the submittal requirements and submit the information and materials required for each of the
applications for which you are applying.
If You have any questions regarding application submittal requirements (i.e.,clarification
regarding a specific requirement or whether all requirements are necessary for your particular
application) please call (760) 602-4610.
IMPORTANT:Check all submittals to be sure all the required information and materials have
been submitted with your application.Incomplete submittals will not be processed or
scheduled for review by staff, the Commission or Council.You will be notified in writing within
30 days of submittal whether or not your application is complete.
A progoSed projeCt requiring. multiple applicatio4..Ffiupf".be Submitted
PrOpoSed project requiring only oneappfiCOtipt*M4Stlie'subMittea
P-1 Page 4 of 6 Revised 03/16
.-•
Applicant Disclosure —Form P-1(A):Alt applications require submittal of an applicant disclosure
form.Follow the Instructions provided on the form and the attached information sheet.•
..
Protect Description/Location —Form P-1(81
Hazardous Waste Statement —Form P-1(C)
Environmental Impact Assessment —Form P-1(D):All applications for development require
submittal of an Environmental Impact Assessment Form.Larger projects or projects in environmentally
sensitive areas may require more detailed Environmental Impact Reports.Follow the Instruction
provided with the application form.
Time Limits on Discretionary Permits —Form P-1(E)
Tentative Parcel Map Waiver of Processing Time Limits —Form P-1(F)
Tentative Parcel Map Tenant Notification Statement —Form P-1(01
Circulation Impact Analysis:All applications which propose an increase in the traffic generation rate
of 500 vehicles or more, over existing traffic generation for the site, must submit a Circulation Impact
•Analysis.This analysis will be used to determine compliance of your project with Growth Management
Facility Standards.The analysis is not to be considered in lieu of project related traffic studies which
may be required by staff to analyze specific project related on and off site traffic issues.
Fire Department!Water District Consultation:Prior to submittal of an application for development in
the City, you are encouraged to consutt with the Fire Department and the appropriate water. district In
order to design your project In compliance with their requirements.Failure to consult with either agency
could result in unnecessary delays,redesign or project denial.The purpose of the notice is to get
projects to °design In' water and fire requirements in advance.
Digital Submittals:Applicants shall submit digital files with the application at initial submittal and at
approval of tentative tract map,In accordance with Engineering Standards.
••
•
•
••
•
•
••
••
P-1 Page 5 de Revised 03/16
•
SCREENING OF EQUIPMENT
Exterior components of plumbing, processing, heating, cooling, and ventilation systems (including but not limited to piping, tanks, stacks,
collectors, heating, cooling, and ventilating equipment fans, blowers, ductwork, vents, louver, meters, compressors, motors, incinerators,
ovens, etc...) shall not be directly visible from a height of five feet from the closest building wall on any lot.Scaled elevations of all such
equipment, as well as screening materials, are required on all site plans.See example below.
EXAMPLE OF SCREENING MATERIAL DISPLAY
_-
:.•-....•.,.„-,.....
....,..
•.'--:,,,.;.."•
,`..--,
\i..
..,...,,.......
P.-.
.IS'LA D x*.-1.-•--•...*-.50:Ai-Aft13SC .....,•-,,-.,4 4E.=T-K -,-.-.••0....''._
..''--,.,--;.•'sgro4cK -.:-'.....•--
.„.....:1 -
..4 ..
..
-....
-.•••._.•....-.•-•
--•.-..-..••....,..•,..•-..
':---.••..:-..,.„---:,.22y
--•
--.
.
.„,..f '----'-
...
-`--
....I.,-,..•-7;--•A.•.:-.,c..•
,f .•..j . .'.4.-1# ..iV.awaSca!".a.f.a.Y..4-u.AUT..*tra. .N.Or..-.0.1.a...IA/Jra.a.Af...1.4
•
....
...,
......„...4*....:.
{:a .,r-
....„...
.
•'-
..
-..r%::.,._.."
:..:'',,
,...p.---.-
r
.._4113.
,.'-plitalla itimilain1111111.1111 .._..'
:•'10
......i 'ai.4 •..:..:-..-.,,:'
'`--,.,..',--7111111:201.Of!,-....,-».-_:-'-01.-,,•.:titio -_,.._
''
,,,:--•:;'--.,'•..;••,.,-.:-..I s'..°.-
.'• ''AO:....!'z -.;''.41/4...L..irf;-"--..;•••--
•.....".r="---,1 •",",,.-.'-.,:•••s rt•-••--••.-•i '-.--•••.'..
'•'"•:--:•••••••;-,,.-..0-.
•..•-.-...Ur%•....-..-".,-t ._"
r..f -;'..•.--,'...:..',-.",-'•-.---.'•---'t".'-.'-"'-',. -"..-':--'''''''--'--':''''''-.-'-'''---..•f"
-'.--'--...:'.--,'.-
-
,-...f.....
:..-
.:"„',•;-.::
-
.„.
-
.:`.-.'''
.•--'‘'--;.,-.-*'.f.'-`-'4.
..-
..
P-1 Page 6 of 6 Revised 03/16
Development ServiceskjCity of DISCLOSURE STATEMENT Planning Division
Carlsbad P-1(A)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal.Your project
cannot be reviewed until this information is completed. Please print.
'Note:••
•....;.741
Petsonis defined as';Any; individual, firm...cc-partnership, joint venture;aSSoCiatiOn,-social ClUb;i-
fraternati
,organilation, corpOratiori,estate, trust,receiver,syndicate,in this :and any other -dtkinty..City and: db0r41
city: municipality', district: or other politica1s0bdivision.orar4 other grouP or:combination aCting -as a Unit?
•
Agents may sign this document; howeVer, the legal name and: entity offile applicant and -property owner:
hust be provided below..
••
,
1.APPLICANT (Not the applicant's agent)
Provide the COMPLETE,LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names,titles,addresses of all individuals owning more than 10%of the
Shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE
INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned
corporation,include the names,titles,and addresses of the corporate officers.(A
separate page may be attached if necessary.)
Nathan DeanPerson Corp/Part
Title Architect Title
Address 6363 Greenwich Dr. Suite 175, San Diego, CA 92122 Address
2.OWNER (Not the owner's agent)
Provide the COMPLETE,LEGAL names and addresses of ALL persons having any
ownership interest in the property involved.Also,provide the nature of the legal
ownership (i.e.,partnership,tenants in common,non-profit,corporation,etc.).If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares.IF NO INDIVIDUALS OWN MORE
THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE
SPACE BELOW.If a publicly-owned corporation,include the names,titles,and
addresses of the corporate officers.(A separate page may be attached if necessary.)
Person Adam Robinson Corp/Part
Title Owner Title
1010 S.Coast Highway101, Suite 103 Encinitas, CA 92024AddressAddress
P-1(A)Page 1 of 2 Revised 07/10
3.NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust.
list the names and addresses of 4NY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title Trtle
Address Address
4.Have you had more than $500 worth of business transacted with any member of City
staff,Boards,Commissions,Committees and/or Council within the past twelve (12)
months?
•n Yes Rclo If yes, please indicate person(s):
NOTE:Attach additional sheets if necessary.
I certify that all the a • •=•ation is true and correct to the best of my knowledge.
I I IS I.rxi‘lSignatzyr./=date Sig
Adam Robinson Nathan Dean
Print or type name of owner Print or type name of applicant
••
M)15/ic
S re of owner/applicants agent if applicable/date
RObert Park
Print or type name of owner/applicant's agent
P-1(A)Page 2 of 2 Revised 07/10
••
CatY of PROJECT DESCRIPTION Development Service
Planning Division
Carlsbad P-1(B)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME:Carlsbad LOt 24
•
-
APPLICANT NAME:Nathan Dean
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:
The project is located in the Carlsbad Oaks North SP211 planned industrial
area Lot 24.The site is approximately.-±476,122.6 SF (±10:9 AC).The
building is a proposed ±144,500 SF shell building including a ±25,900 SF
mezzanine.
New parking, paving, striping, site lighting, landscaping, and site amenity
areas will be proposed:The project will also Propose (2) separate loading
facilities along the east side (rear) portion of the building and screened from
Whiptail. Loop W. with (2) designated trash collection areas. There are
approkimately 370 parking stalls proposed on site.The main exterior wallS
are 40' tall and previsions have been made to provide an additional 5'
setback that is fully landscaped.
The building structure is a combination of tilt-up construction and steel
framed construction with curtain glass walls.
„There is no interior tenant improvement proposed with this proposal.
•
•
.•
•
Revised 07/10P-1(B)Page 1 of 1
.s,•
HAZARDOUS WASTE Development Services
•-rylpf AND SUBSTANCES Planning Division •
Cat d STATEMENT 1635 Faraday Avenue
(760) 602-4610P-1(C)www.carisbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5,I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental ..
Protection Agency and hereby certify that (check one):
ill The development project and any alternatives proposed in this application am not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
The development project and any alternatives proposed In this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
•APPLICANT .PROPERTY OWNER
Name:Nathan Dean Name:Adam Robinson
Address:Address:6383 Greenwich Dr. Suite 175, San Diego, CA 92122 1010 8. Coast Hipmey 101,x103 Encialss, CA=CM
Phone Number 858-638-7277 Phone Number 760-473-8838•
Address of Site:Southeast Corner of Whiptail Loop W. and Gazelle Ct.•
Local Agency (City and County):Carlsbad ,CA (San Diego)
Assessor's book, page, and parcel number:209-120-18
Specify list(s):
Regulatory Identification Number
Date of List
•
)cti4d....___a„11 15i..--6443'
•
1.(16
-
1167Apnt Signature/Date Prope :ir •"'iv: e
The Hazardous Waste and Substances Sites List (Cortese List)Is used by the State,local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
•
P-1(C)Page 1 of2 Revised 02/13
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
11 -16-2016Date Filed:(To be completed by City)
Application Number(s):c-Tp afo -letx(
General Information
1.Name of project:Carlsbad Lot 24
2.Name of developer or project sponsor.Adam Robinson (RAF Pacifica Group)
Address:1010 S. Coast Highway 101, Suite 103
•
Encinitas, CA 92024City, State, Zip Code:
Phone Number:760-473-8838
3.Name of person to be contacted concerning this project Nathan Dean
Address:6363 Greenwich Drive Suite 175
San Diego, CA 92122City, State, Zip Code:
Phone Number:858-638-7277
4.Address of Project Whiptail Loop W.
Assessors Parcel Number:209-120-18
5.List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
This project will need grading and building permits
6.Existing General Plan Land Use Designation:P-M
7.Existing zoning district Planned Industrial
8.Existing land use(s):Industrial
9.Proposed use of site (Project for which this form Is filed):
Warehouse/Creative Office
Project Description
10.Site size:±476,722.6 SF (10.9 AC.)
11.Proposed Building square footage:±144,500 SF
12:Number of floors of construction:1 + Mezzanine
13.Amount of off-street parking provided:±370
14.Associated projects:Carlsbad Oaks North Business Park
P-1(D)Page 2 of 4 Revised 07/10
15.If residential, include the number of units and schedule of unit sizes:
16.If commercial, Indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
•
17.If Industrial, indicate type, estimated employment per shift, and loading facilities:
(2) loading facilities with (4) dock doors in each loading facility.There will be
(4) grade doors.This project is a shell only and there is no tenant or interior work.
Future employee number TBD.
18.If institutional, Indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
19.If the project Involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
•
P-1(D)Page3114 Revised 07/10
Are the following items applicable to the project or Its effects?Discuss all items checked yes (attach
additional sheets as necessary).
Yes No
20.Change In existing features of any bays, tidelands, beaches, or hills, or substantial ID El
alteration of ground contours.
21.Change in scenic views or vistas from existing residential areas or public lands or El
roads.
22.Change in pattern, scale or character of general area of project. 1 =1
23.Significant amounts of solid waste or litter.1=1 El
24.Change in dust, ash, smoke, fumes or odors In vicinity. 1=1
25.Change In ocean,bay,lake,stream or ground water quality or quantity,or 0 Ei
alteration of existing drainage patterns.
26.Substantial change in existing noise or vibration levels in the vicinity.0 El
27.Site on filled land or on slope of 10 percent or more. 1=1
28.Use of disposal of potentially hazardous materials,such as toxic substances,El El
flammables or explosives.
29.Substantial change in demand for municipal services (police, fire, water, sewage, El
etc.).
30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).1=1 1=1
31.Relationship to a larger project or series of projects.1=1 1=1
Environmental Setting .
Attach sheets that include a response to the following questions:
32.Describe the project site as it exists before the project, Including information on topography, soil
stability. plants and animals, and any cultural, historical or scenic aspects.Describe any existing
structures on the site, and the use of the structures.Attach photographs of the site.Snapshots
or Polaroid photos will be accepted.
33.Describe the surrounding properties,including information on plants and animals and any
cultural, historical or scenic aspects.Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height,frontage,set-back,rear yard,etc.).Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
Information required for this initial evaluation to the best of my ability, and that the facts, statements, and
Information presented are true and correct to the best of my knowledge a d belief.
Date:tj Signature:C.),
For.
P-1(D)Page 4 of 4 Revised 07/10
32.This project is further development of a lot that was created as part of the Carlsbad Oaks North
Business Park mass grading and improvement plans (415-9, 415-9A, etc.) and that all proposed
improvements meet the requirements of the Carlsbad Oaks North Specific Plan as approved by the City
of Carlsbad.
33. The surrounding properties are all part of the PM Zone within the Carlsbad Oaks North SP211 area.
There are existing slopes along the perimeter of the property that is covered with a variety of ground
cover landscape and trees.
'4 ".--,'1...-.....f,••'.--...•
.,
......
..,,,".07
e.-.
,.
-:-.-a -,e -..--..';;;-...„ -,-k ...••11A;i is 'zu ik -etw41,la .•
,•-;,.:-4 ....-..-4•-•r='-.-.,.-`,''..:44;"'''''' '*0 •t itilk P4••*‘
lik ...-lieVrilik.**...*.'''4."4.••--,.• ...*.,--5".1`
'-4.k,-,...I '-'it .-k.-'9 ..-•••..,ki,..1.,,ti ;AC •'-", -4'.
-••"*1 **,_-****'0 ,4 I>'4„+.,.I Mrs ..?:..,...At.•...,....s•
•
....',.-..,
...
..trIrTimir
•
--......._(---.-----i ..
‘.-'•
-.
••larrell."IIIIII0.--,7 ,...-41Mmilik,.
allaillak -
r ___
.
•.__........„..........-.
—_-•:.:,--
...1..•.1:,
_...___„"........-...,-.
_
4fjiit
-
-2---.-PF11 ----
--.:-)it:is, II i.14/.ft.. .0.
.
.,:,,,it \
•.,....,„.
-'''''--''"'-.,,.,,,,,'4 _'''.,-4„,..••4'-'''''''.'":.,r.
'
•---.i'..-+:'•,
-;-—,_:,--„,',+`.".,,,i 5:3%.•-...':*,.i .
'
'Ow':..•'''1-'.,:'-'-e-,..,,,,''..''''';'-'-1"7'4'.:\ •'4,''''N ii.'`'*4 .•
•
.7.
' I HIiiir...-
!•-4..-....I 1....•-
i
,
,•
..,.
'-
'
•,,'.,
.-
•„-
.7...
•-...,'*.,-`••'-••••.*--
*p
'..*''•'*?.. .•
TIME LIMITS ON Development Services(City of DISCRETIONARY Planning Division
Carlsbad PROJECTS 1635 Faraday Avenue
(760) 602-4610P-1(E).www.carlsbadca.gov
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the Ctty.The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete.Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete.If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e.,clarification
regarding a specific requirement or whether all requirements are necessary for your particular
application) please call (760)60r10.
Applicant Signature:C >I
Staff Signature:
Date:/'--1//5--/
To be stapled with receipt to the application
P-1(E)Page 1 of 1 Revised 07/10
DEVELOPMENT Development Services(City of PERMITS Planning Division
Carlsbad P-2 1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
•Major Coastal Development Permits (including Amendments and Extensions, but excluding Minor
CDPs and Single Family Residences)
•Conditional Use Permits (including Minor, Amendments and Extensions)
•Planned Development Permits (Residential and Non-Residential; including Minor, Amendments and
Extensions)
•Planning Commission Determinations
•Precise Development Plans
•South Carlsbad Coastal Review Area and Village Review Area Permits (Major,Minor and
Amendments) (A Coastal Development Permit Supplemental Application may also be needed)
•Site Development Plans (including Minor, Amendments and Extensions)
•Special Use Permits (including Amendments, Extensions and Floodplain SUPs)
•Structure Relocation Permits
•Tentative Parcel Maps (including Revisions and Extensions)
•Tentative Tract Maps (including Revisions and Extensions)
A proposed project requiring multiple applications must be submitted prior to 3:30 p.m.A
proposed project requiring only one application must be submitted prior to 4:00 p.m.
All joint application exhibits, i.e. Tentative Map and Planned Development Permit site plan, should be
prepared at the same scale.(Use a scale no smaller than 1° =40'.)
The following materials shall be submitted for each application or for combined applications on a single
project.
If you have any questions regarding application submittal requirements (i.e.,clarification
regarding a specific requirement or whether all requirements are necessary for your particular
application) please call (760) 602-4610.
I.REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together,
then folded to 9" x 12" with lower right hand corner of plan visible.)
A.SITE PLAN c.
Required copies on 24" x 36" sheet(s):
Minor permits:Four (4) copies
Major permits:Seven (7) copies
Ten (10) copies of the site plan shall be submitted by the applicant upon request of the project
planner when the project is scheduled for review by the Planning Commission or City Council.
Each site plan shall contain the following information:
1.GENERAL INFORMATION
E‘Name and address of owner whose property is proposed to be developed and the name,
address, and phone number of the developer.
Elk—Name,address,and phone number of registered civil engineer,licensed surveyor,
landscape architect or land planner who prepared the maps/plans.
Rt3iorth arrow and scale.
ad.Vicinity map showing major cross streets.
P-2 Page 1 of 9 Revised 02/16
Pii-„Date of preparation/revisions.
Project Name and application types submitted.
Hg.Tentative Map number in upper right hand corner (City to provide number at time of
application).lei/AEcAllfacilities labeled as "existing" or "proposed."
A summary table of the following:[d(T)Street address, assessor's parcel number, and legal description.
2(2)Site acreage.
El(3)Existing Zone and General Plan Land Use Designation.ai4)Existing and Proposed land use.
10(5)Classification of lots as to intended residential, commercial,industrial or other
uses.rf -(6)Number of units to be constructed when a condominium or community apartment
project is involved.ai)Total number of lots proposed.[2(8)Proposed density in dwelling units per net acre.
2(9)Total building coverage.
Building square footage.
R(11)Percent of site to be landscaped.
R(12)Number of parking spaces required/provided.
170
-3) Square Footage of required employee eating areas.Square footage provided
(interior and exterior eating area, if applicable).[]14) Square Footage of open or'recreational space (if applicable), for each unit and
total common open space for the project.
12(15) Area of the site which is undevelopable per Zoning Ordinance Section 21.53.230
(include the acreage in each category).If not applicable, state on the plans.
16 Cubic footage of storage space (if applicable).Show location.1.1
Cir •)Average Daily Traffic generated by the project, broken down b separate uses.-1
-64
6(18)Name of sewer, water and school district providing service to the project.TPP
0(19)Proposed water demands (GPM or GPD) and sewer generation (EDU) resulting
from project.
0(20)Proposed drainage discharge (CFS) and master drainage basin.
2.SITE INFORMATION
a.GENERAL
III(1)Approximate location of existing and proposed buildings,walls,fences,and
permanent structures onsite and within 100 feet of site.
EI(2)Location of all major vegetation, showing size and type, both within the project and
offsite for a distance of 100 feet.Existing onsite trees; those to be removed and
those to be saved.0(3)Location of railroads.
0(4)Legal description of the exterior boundaries of the subdivision (approximate
bearings, distances and curve data).
0(5)Lotlin-es=atidrapproxim-ate-dimensions-and-number-of-eachlot.
0(6)Lot area for each proposed lot.
El(7)Settia-ck7--difnensidiftir---thTscirequire-d:front,7_real -side--WitPidtba-cks7-forcall=-----.
strbtures.
cDistantve-_Mtweembiuilkkgt s-and/or-structures:--)
111(9)Indicate top and bottom elevations for all fences, walls, and retaining walls.Show
these elevations at each end of the wall and in the middle.Also show the worst
condition elevation.
O(10)Indicate on site plan improvements and amenities for any required interior and/or
exterior employee eating areas, i.e. benches, tables, trash cans, etc.c(1l)Show site details (specific recreation facilities) for all recreation lots or areas (when
applicable).
P-2 Page 2 of 9 Revised 02/16
0(12)(Location=an-d_1-dirife-aions—ei-Tall—accessways—and—pathwaysT-as-zrequired—foF)
ianmwith --Fttle47 -Stags:Accessi ityiEteigitreifiritS-.3
b.GRADING AND DRAINAGE
111(1)Limits of grading including limits of remedial grading, if required.
O(2)Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes
between 5% and 10%;and 5'intervals for slopes over 10% (both existing and
proposed).Existing and proposed topographic contours within a 100-foot
perimeter of the boundaries of the site.Extend contours sufficiently out from the
site to adequately show the adjacent floodplain (if applicable).
111(3)Earthwork volumes:cut, fill, remedial, import and export.
111(4)Spot elevations at the corners of each pad.0(5)Method of draining each lot.Include a typical cross section taken parallel to the
frontage for lots with less than standard frontage.
0(6)Location, width and/or size of all watercourses and drainage facilities within and
adjacent to the proposed project site; show location and approximate size of any
proposed detention/retention basins.
0(7)Clearly show and label the 100 year flood line for the before and after conditions
for any project which is within or adjacent to a FEMA flood plain.
111(8)Show all Best Management Practices (BMPs) to be used to reduce storm water
discharge during the "use" or existing development phase.
0(9)Indicate proposed elevation in relation to sea level of the lowest floor (including
basement) of all structures.[For Floodplain Special Use Permit (SUP)].
0(10)In FEMA Zone AO or VO show elevation of highest adjacent grade and proposed
elevation of lowest floor of all structures.[For Floodplain Special Use Permit
(SUP)].
O(11) Show proposed elevation in relation to mean sea level to which any structure will
be floodproofed.[For Floodplain Special Use Permit (SUP)].
c.STREETS AND UTILITIES
El(1)The location, width and proposed name of all streets within and adjacent to the
proposed project.Show street grades and centerline radii.Provide separate
profile for all streets with grades in excess of 7%.Streets should be in
conformance with City Standards and Land Development Engineering Policies.0(2)Name, location and width of existing adjacent streets and alleys.Include medians
and adjacent driveway locations.
0(3)Typical street cross sections for all streets within and adjacent to the project.
111(4)Width, location and use of all existing and/or proposed public or private easements.
0(5)Public and private streets and utilities clearly identified.
O(6)Show distance between all intersections and driveways.
O(7)Clearly show parking stall and aisle dimensions and truck turning radii for all
parking areas.
D(8)Show access points to adjacent undeveloped lands.
0(9)Show all existing and proposed street lights and utilities (sewer, water, major gas
and fuel lines, major electric and telephone facilities) within and adjacent to the
project.
0(10)Show all existing and proposed fire hydrants associated with the project, and all
existing, off-site fire hydrants within 300 feet of the project boundary. Fire hydrants
on commercial, industrial and multi-family residential sites should be installed at
300 foot intervals.Fire hydrants serving single-family residential projects should
be installed at no more than 500-foot intervals.When possible,fire hydrants
should be installed at street Intersections on developed side of street if single
loaded.Avoid cul-de-sac Installations.For installation requirements on public
roadways, contact the Carlsbad Fire Department at (760) 602-4666.
111(11)Proposed improvements for public and private streets,driveways,and parking
areas.
P-2 Page 3 of 9 Revised 02/16
d.WATER FACILITIES
(1)Show average and peak potable water demand in gallons per minute (gpm).(2)Provide fire flow demand in gallons per minute (gpm);calculate using table
attached to Land Use Review Application.(3)Provide a map or diagram showing existing and proposed on-site and off-site water
pipelines,services,pressure reducing stations,fire hydrants,reservoirs and
pumping stations.(These facilities must be shown within the public right-of-way or
within, easements to be granted to the District or the City.).(4)Show a looped potable water distribution pipeline (when more than 19 residences
are proposed).(5)Show a public fire flow system (constructed as a looped pipeline system for all
industrial or commercial development).(6)Show a private fire sprinkler system, if required or proposed; state on exhibit.(7)Provide a water phasing plan, if proposed.
NOTE: San Diego County Water Authority capacity charge will be collected at issuance of
application for any meter installation.
e.RECYCLED WATER FACILITIES
(1)Colored recycled water use area map (all areas proposed to be irrigated with
recycled water must be clearly indicated on the map in color).(2)Peak irrigation or industrial water demand in gallons per minute (gpm).(3)Existing and proposed recycled water pipelines,services,pressure reducing
stations, booster pump stations, reservoirs and pumping stations.(These facilities
must be shown within the public right-of-way or within easements to be granted to
the District or the City.)
f.SEWER FACILITIES
(1)Average sewer generation in million gallons per day (mgd).(2)Existing and proposed sewer pipelines, laterals, and sewage lift stations.These
facilities must be shown within the public right-of-way or within easements to be
granted to the District or the City.(3)Indicate sewer facility phasing, if proposed.
NOTE: No sewer lift stations or sewer siphons may be proposed unless otherwise agreed
to in writing by the appropriate District Engineer.
B.CONCEPTUAL LANDSCAPE PLAN
Required copies on 24" x 36" sheet(s):
Minor permits:Four (4) copies
Major permits:Seven (7) copies
Ten (10) copies of the site plan shall be submitted by the applicant upon request of the project
planner when the project is scheduled for review by the Planning Commission or City Council.
The conceptual landscape plan shall be prepared in accordance with the General Requirements
listed in Section 3 of the City of Carlsbad Landscape Manual (February 2012) and shall include
the following:
1.SUBMITTAL REQUIREMENTS
a.Conceptual Landscape Planb.Conceptual Water Conservation Planc.Conceptual Fire Protection Plan (if applicable).
d.Conceptual Landscape Maintenance Responsibility Exhibit (private or common).
P-2 Page 4 of 9 Revised 02/16
C.BUILDING ELEVATIONS AND FLOOR PLANS
Required copies on 24" x 36" sheet(s):
Minor permits:Four (4) copies
Major permits:Seven (7) copies
Ten (10) copies of the site plan shall be submitted by the applicant upon request of the project
planner when the project is scheduled for review by the Planning Commission or City Council.
Each building elevation and floor plan shall include the following information:
1.GENERAL INFORMATION
Ea.Floor plans with square footage included.
Eb.All elevations of existing and proposed buildings, including signs and exterior lights.
Dc.Location and size of required storage areas.
Dd.Include a scale on all floor plans and building elevations.
De.Indicate the height on all building elevations.
Ef.Indicate on all building elevations, compliance with Carlsbad Building Height definition
(Zoning Ordinance Section 21.04.065).
Eg.Indicate ceiling height or the height of the underside of the roof in any building areas
intended for storage uses.
Eh.Indicate the California Building Code occupancy classifications of all building areas.
Ei.Indicate type of construction per California Building Code.
Ej.Disclose any building uses that will result in the presence of Acutely Hazardous
Materials,Compressed Flammable Gases in excess of 1,500 pounds,Flammable
Liquids in excess of 10,000 gallons, Hazardous Materials in excess of 500 pounds or 55
gallons, or compressed gas in excess of 200 cubic feet.
Ek.Provide documentation demonstrating compliance with City Council Policy 44 —
Neighborhood Architectural Design Guidelines (if applicable).
El.ROOF PLAN:One (1) copy (plan view).Show roof design to include ridges, hips, slope
direction,etc.Show location of roof appurtenances,mechanical equipment and
screening.Show all roof top equipment,appurtenances,stairways or other access
provisions, including those required by the applicable building, plumbing, electrical and
mechanical codes.All roof mounted equipment shall be installed in accordance with
Building Department Policy 80-6.
1.1 //6.D.CONSTRAINTS MAP -One (1) 24" x 36" sheet folded to 9"x 12" shall include the following
information:(NOTE:This information Is not required for previously graded sites and the
conversion of existing structures.)If the constraint does not apply to the property, list it on the
map as not applicable.Constraints map should be the same scale as other exhibits, i.e. Site
Plan, etc.
1.GENERAL INFORMATION
Da.Major ridge lines.
Eb.Riparian or woodlands.
Dc.Intermittent drainage course.
Ed.25 -40% slopes.
De.Greater than 40% slopes.
Of.Major rock outcroppings.[lg.Easements.
Oh.Floodways.
Di.Archaeological sites. (Do not identify location.List in map legend if present.)
Ej.Special Planning Areas -Type of special planning area.
Dk.Biological Habitats.Indicate the location of all vegetation communities existing on the
project site.(Use Modified Holland System as described in the Multiple Habitat
Conservation Plan.)
Beaches.
Ern.Permanent bodies of water.
P-2 Page 5 of 9 Revised 02/1E1
On.Wetlands.
Oo.Land subject to major power transmission easements.
Op.Railroad track beds.
E.COLORED SITE PLAN AND ELEVATION PLAN —Not required with first submittal.It is the
Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored
elevations to the Planning Division by 12:00 noon,eight (8)days prior to the Planning
Commission meeting.Do not mount exhibits.For residential projects of 2 or more homes a
typical street scene of the elevations shall be provided.The corresponding rear elevations for the
homes shown for the typical street scene shall also be provided.
II.REQUIRED DOCUMENTS AND SUBMITTAL
ITEMS/--P pi(Completed Land Use Review Application Form.
"•
C.nvironmental Impact Assessment Form (Fee not required with initial submittal.Fee to bet/crgreTroje an environmental impact assessment form.)Required for
tentative parcel maps only where a significant grading is proposed.C ck with Planning staff to
(ermine if required for your application.
Disclosure Statement.(Not required for tentative parcel maps.).
Two (2) copies of the Preliminary Title Reg (current within the last six (6) months).t/
f •a ••
i .
S em wa'n •m •rn its.qu•o 'ct
I p)re •s co rrei race g pia •a •o n tai
ew.
Mb OH.All projects must evaluate their potential impacts on the regional transportation system, including
the costs of mitigating the associated impacts,as required by the SANDAG Congestion
Management Program (CMP).
For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day
or 200 or more peak-hour vehicle trips.
Submit two (2)copies of a Circulation Impact Analysis for the project.The analysis must be
prepared by a Registered Traffic Engineer or Registered Civil Engineer.The analysis must show
project impacts to all intersections and road segments identified as impacted within the included
Local Facilities Management Plan or as otherwise determined in discussions with staff.The
following minimum information should be Included with the study:
1.8W x 11" or 8W x 14" plats showing zone impacted roads, background and project AM and
PM peak hour impacts and traffic distribution.
2.Project traffic generation rates and traffic assignment.
3.Necessary calculations and/or analysis to determine intersection and road segment levels of
service.
4.Any proposed mitigation requirements to maintain the Growth Management public facility
performance standards.
5.On Collector streets and above, an analysis of the need for a traffic signal will be required.
"Large" projects:Any project which, upon its completion will be expected to generate either an
equivalent of 2,400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips,
including large projects that may have already been reviewed under CEQA but require additional
local discretionary actions,is defined as a "large project"under the SANDAG Congestion
Management Program (CMP) and will be subject to enhanced CEQA review as specified in the
CMP.
Depending upon the complexity of the project, the City of Carlsbad reserves the right to require a
traffic study on any project.
P-2 Page 6 of 9 Revised 02/16
.,
--,Two copies of preliminary soils/geologic report for all projects with cut or fill depths exceeding 5
feet.
IIIJ.r .
..0 ,a s'd b er 'Se 66427.1 of
e ap ct wi e lied .AEIK.F all do urn rsio ,letter m San 'o Ga d 'c stet'hat ns to
gift d el c sy o s es s h e be mi a
a tabl .N
IIIL.do ''nve 's,(1 py i
's pe ed b t e
in rtrn .(arate ee r red..OA---->M.For projects larger than 1 -acre, a Preliminary Hydrology Study including map and calculations to
COAL-demonstrate capacity/sizing of proposed and existing storm drain infrastructure.Show before
nd after discharges to each included drainage basin.Depending upon the complexity of the
-2)Aproject,a Preliminary Hydrology Study may be required on any project.--CIVIL-"To s...t1)
Two copies of a completed and signed "Storm Water Standards Questionnaire" (form E-34).This k•
C411—form can be found on the city's website:(Distribute copy to Land Development Engineering).
---,.If,when completing the Storm Water Standards Questionnaire, the project is subject to "Standard
oviL.Project,"requirements,submit a completed and signed "Standard Project Requirement
FK
Checklist" (form E-36) in accordance with the City BMP Design Manual per the City of Carlsbad
Engineering Standards, latest version.--->P.If.when completing the Storm Water Standards Questionnaire,the project is defined as a/CAVIL_"Priority Development Project," submit a preliminary Storm Water Quality Management Plan k
(SWQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad
...„..,/Engineering Standards, latest version.Refer to thecys SWQMP template (form E-35).
ompleted "Project Description/Explanation" sheet.
''---?Signed "Noti ..
.
--cti.,.Noise study consistent with City of Carlsbad Noise Guidelines Manual.4---•?
imeir: II r Biological resource, cultural resource, and/or other environmental studies that are necessary to
make an environmental determination (i.e.EIR,Negative Declaration or Exemption)and to
determine compliance with the HMP.il---? ALT-eADY IMs ji&IF-Fof-SfecIFtC T Liata-t
—0 RtU.---Signed "1.-
-1siondaus...18Lasteand Substance Statement" form.V CACELAICA6 &kW* hickfkrli SP7-I I
---AN.Provide color board(s) (no larger than 9" x 12'), showing building materials and color samples of
lass, reveals, aggregate, wood, etc.--w Etiglhotographs of the property from the north, south, east and west.
7.IIIX/Digital copy of Tentative Map along with r9quired number of hard copy maps.? NA.
.Fees:See Fee Schedule for amount.—I4Sso •(3"1
OZ.5112frrialW6R4242a1CriUgle.1j/A
III.SPECIFIC PROJECT REQUIREMENTS
OA.enslty Bonus Projects:
r_ettres_ar1.A letter by the present owner stating what specific incenv e being requested from
the City.For any ment standards modificationer additional incentive requested,
the applicant shall submit a 'ro-forma to_dertionstrate that the standards modification or-----
other requested incentive is necessa ake the project economically feasible.
2.A detailed vicinity map showing-the-prole tion and such details as the location of the
nearest commercial rep:il;--
1 -nsit stop,potential e loyment locations,park or recreation
facilities or other e ea al or community service facilities.
3.For condo •m conversion requests, a report documenting the ekwing information for each
unit • ••••sed to be converted:the monthly income of tenants of eachu 'roughout the prior
-ar, the monthly rent for each unit throughout the prior year and vacancy in lion for each
unit throughout the prior year.
4.Identify the number and location of lower income dwelling units.
P-2 Page 7 of 9 Revised 02/16
OB. For :nlor Citizen Housing Projects:
1.A letter s .•ed by the present owner stating what specific incentives are requested from
the City.For .development standards modification or othe oval incentive requested,
the applicant shall s •4a it a project pro-forma to demo e that the standards modification or
other requested incentive ecessary to mak project economically feasible.
2.A detailed vicinity map showing e location and such details as the nearest market,
transit stop, park or recreation ,•ical facilities or other related uses or services likely to
be patronized by senior ns.
3.Five (5)copies o or plans for each different • -of unit indicating a typically furnished
apartment •dimensions of doorways, hallways, close.-d cabinets.
4.Five copies of floor plans showing any common areas and =g&'Ommodations.
5.Identify the number and location of lower income inclusionary dwelling .nits.
6.A plan for monitoring age restrictions for all units and income restri -ons for designated
inclusionary units.
DC.-II Residential Projects:
Residen Projects with two or more dwelling units that: (1) are bordered s •-inimum of two
sides (prope es)by existing single family residential dev -*a -ent and (2)require a
discretionary permit xciudig a Minor Coastal Developme ":it,Coastal Development Permit
for a single family residence and/or second dwelling .',Gra permit for a condominium conversion)
shall be required to:
1.Post project notices on the •ect site purs•-4 to Planning Division Administrative Policy No.
37. This requiremen of applicable to resident -*-velopment applications that are already
subject to the rs Early Public Notice requirements (se -A •cation Form P-21).
2.Submit •-•ect photo-simulation exhibits to the Planning Divisi.son determination that the
p •'-«application is complete. The photo simulation exhibits should 1:caled representations
of the project, as viewed from adjacent streets and adjacent developed sing amily residential
properties.
DD.i ess Communication Facilities:
Wireless mmunication Facilities (WCF) are allowed in all zones (e *ding the L-C zone) with
the approve a conditional use permit (CUP) or minor conditio -se permit (MCUP).See the
applicable Zone d Zoning Ordinance Section 21.42.140B..for details.
All proposed WCFs s I follow the City's guidelin:see City Council Policy No.64, Wireless
Communication Facilities 'a the design of CUP :d MCUPs for new wireless facilities as well as
extensions and amendments •CUPs and UPs for existing installations.This policy applies to
all commercial providers of wirel s.•unication services.It does not apply to amateur (HAM)
radio antennas and dish and other .nas installed on a residence for an individual's private use.
Notes on submitting appli ;ins for new orbx'sting WCFs:
1.Submittals for -'and amended WCFs sliekfollow the application requirements outlined
elsewhere i •is handout plus the specific WCF'§ubmittal provisions of City Council Policy 64,
including e Application and Review Guidelines.
2.For :ensions of existing CUPs and MCUPs,or for e ting CUPs proposing to convert to
UPs, only one set of project plans, rather than multiple ••• •ies, needs to be submitted. The
one set of plans may be copies of those already approved. App •nts are encouraged to talk
with staff before submitting an application to convert a CUP t..MCUP.
3.Per Performance Guideline 5 of City Council Policy 64,a report demo -ling compliance with
FCC RF Exposure Guidelines must be submitted with each time exte'.-'on or amendment
request and, for new WCFs, within six (6) months after the issuance of occu •ncy.
P-2 Page 8 of 9 Revised 02/16
,•'
AltViCr-apf:ticatisins are evaluated or re-evaluat consistency with City Council Policy
64,including the appropn sting facility's technology,and the applicant must
document that the WCF ins the technology hat--ismallest,most efficient,and least
visible and that re not more appropriate and available lodatie r the facility, such as the
opportu collocate or relocate to an existing building.
111:-.Ffo Special Use Permits:
1.Two (2) sets of the i-ology-an c calculations.Include HEC-1 and HEC-2 computer
printouts with appropdat nnotations o d
2.Two (2 o all required certifications listed in Section ..4 of the Miknicipal Code
and sealed by a registered Civil Engineer or other appropriate!i rbfessional.
OF. Comm ng Overlay Zone:
1.Prior to filing an application for a on rrnit for a CommerciaUVisitor-Serving use
within the Overlay zone, the a pli nt shall make a Prelim!iew (Pre-filing) submittal.
2.Projects within the ercial/Visitor-Serving Overlay Zone shall s proposed sign
program as of this application.The program shall be provided as separate 'bits and
show c ude the following information:proposed sign location, dimensions, area, materials,
r„.ai n copy and colors.
NOTE: When the application is tentatively scheduled to be heard by the decision making body, the project
planner will contact the applicant and advise him to submit the public hearing notice package
including the radius map, two sets of the property owners list including the applicable
Homeowners Association (HOA) and labels.The applicant shall be required to sign a
statement certifying that the information provided represents the latest equalized
assessment rolls from the San Diego County Assessor's Office.The project will not go
forward until this information is received.
P-2 Page 9 of 9 Revised 02/16
A I41z5112
CLIMATE ACTION PLAN Development Services(City of CONSISTENCY CHECKLIST Planning Division
Carlsbad P-30 1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
INTRODUCTION
In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that
the city will undertake to achieve its proportional share of state greenhouse gas (GHG)emissions
reductions.The purpose of the CAP Consistency Checklist (Checklist) is to, in conjunction with the CAP,
provide a streamlined review process for proposed new development projects that are subject to
discretionary review and trigger environmental review pursuant to the California Environmental Quality
Act (CEQA).
Analysis of GHG emissions and potential climate change Impacts from new development is required
under CEQA. The CAP is a plan for the reduction of GHG emissions in accordance with CEQA Guidelines
Section 15183.5.Pursuant to CEQA Guidelines Sections 15064(h)(3),15130(d),and 15183(b),a
project's incremental contribution to a cumulative GHG emissions effect may be determined not to be
cumulatively considerable if it complies with the requirements of the CAP.
This Checklist contains measures that are required to be implemented on a project-by-project basis to
ensure that the specified emissions targets identified in the CAP are achieved. Implementation of these
measures would ensure that new development is consistent with the CAP's assumption for relevant CAP
strategies toward achieving the Identified GHG reduction targets.Projects that are consistent with the
CAP as determined through the use of this Checklist may rely on the CAP for the cumulative impacts
analysis of GHG emissions.Projects that are not consistent with the CAP must prepare a comprehensive
project-specific analysis of GHG emissions,including quantification of existing and projected GHG
emissions and incorporation of the measures in this Checklist to the extent feasible.Cumulative GHG
impacts would be significant for any project that is not consistent with the CAP.
The Checklist may be updated from time to time to incorporate new GHG reduction techniques or to
comply with later amendments to the CAP or local, state, or federal law.
z
P-30 Page 1 of 13 Revised 02/17
City of Carlsbad Climate Action Plan Consistency Checklist
APPLICATION SUBMITTAL REQUIREMENTS
A The Checklist is required only for projects subject to CEQA review.The diagram below shows the
context for the CAP Consistency Checklist within the planning review process framework.
A If required, the Checklist must be included in the project submittal package. Application submittal
procedures can be found on the City of Carlsbad website here.
A The requirements in the Checklist will be included in the project's conditions of approval.
A The applicant must provide an explanation of how the proposed project will implement the
requirements described herein to the satisfaction of the Planning Division.
A If a question in the Checklist Is deemed not applicable to a project, an explanation must be provided
to the satisfaction of the Planning Division.
----'.
CEQA Determination
w
CEQA Non-Exempt CEQA Exempt
V `4
RemainkigCAP Consistency deve}opment reviewChecklistproms
w w
w
Consistent Not Consistent
Complete
..,
Remaining Project has a CEQA
development review <—Significant Impact
process EIR Required .
11
---
Complete
P-30 Page 2 of 13 Revised 02117
City of Carlsbad Climate Action Plan Consistency Checklist
••—•
•p I cation Inform 017T
Contict InicirtnatIon '
.•'•
1
Project No./Name:Carlsbad Oaks North Lot 24-CREATE
Property
Add ress/AP N:SEC of Gazelle Ct.& Whiptail Loop W. (209-120-1800)
Applicant Name/Co.:Adam Robinson (RAF Pacifica Group)
Contact Phone:760-473-8838 Contact Email:adam@rafpacificagroup.com
Was a consultant retained to complete this checklist?0 Yes 0 No If Yes,complete the following
Consultant Name:Robert Park Contact Phone:858-638-7277
Company Name:Ware Malcomb Architects Contact Email:rpark@waremalcomb.com
Project Inf9rmatlon ..
•,,.•
1.What Is the size of the project (acres)?10.9 AC
2.Identify all applicable proposed land uses:
0 Residential (indicate # of one-and two-family units):
0 Residential (Indicate # of multi-family units):
0 Commercial (indicate total square footage):
0 Hotel (Indicate # of rooms):
ElindustrIal (indicate total square footage):144,742 SF
0 Other (describe):
3.Provide a brief description of the project proposed:
Cold Shell for future creative industriaVwarehouse/office use. Single story with mezzanine.
P-30 Page 3 of 13 Revised 02117
City of Carlsbad Climate Action Plan Consistency Checklist
CAP CONSISTENCY CHECKLIST QUESTIONS
STEP 1:LAND USE CONSISTENCY
The first step in this section evaluates a project's GHG emissions consistent with guidance provided by
the California Air Pollution Control Officers Association (CAPCOA).New non-exempt (i.e., subject to
CEQA review) discretionary development projects that emit fewer than 900 metric tons of carbon dioxide
equivalent (MTCO2e) would not contribute considerably to cumulative climate change impacts as stated
in the CAP, and therefore, do not need to demonstrate consistency with the CAP.
For projects that are subject to the CAP consistency evaluation,the first step in determining CAP
consistency for discretionary development is to assess the project's consistency with the growth
projections used in the development of the CAP.This section allows the city to determine a project's
consistency with the land use assumptions used in the CAP.
,
-s.'Atept4Ohd Usit CO!IS44.n0 -_-•
•Checklist them •
••
(Check the appropriate box and provide explanaticri and supporting doctrnentalico for your answer)
Yes No
1.The size and type of projects listed below would emit fewer than 900 MTCO2e per year. Based on this threshold,
does the proposed project equal or exceed these earacteristics?
•Single-Family Housing:50 chvelliig units
•Muiti-Fatuity Housing:70 dwalting units
•Office:35,000 square feet
•Retail Store:11,000 square feet El
•Grocery Store:6,300 square feet
•Other.For project types not listed in this section, including changes in use of, or enlargement of an
existing building that resits in a net increase in GHG emissions, the need for GHG analysis and
mitigation wit be made on a project-spedflc basis, considering the 900 MTCO2e screening threshold.
if 'Yes;proceed to Question 2.
If lion,in accordance with the City's CAP screenng criteria, the project's GHG impact is less than significant and not subject to the measures of the
CAP.
2.Is the proposed project consistent with the existing General Plan land use and zoning designations?
OR,
El El
if the proposed project is not consistent with the existing land use plan and zoning designations, does the project
indude a land use plan and/or zonkig designation amendment that would result In an equivalent or less GHG-
intensive project when compared to the existing designations?
If `Yes", proceed to Step 2 of the Checklist For the second option under question 2 above, provide estimated project emissions under both existing
and proposed designation(s) for comparison.Emissions must be estimated in accordance with the City's Guidance to Demonstrating Consistency
with the Climate Action Plan.
if "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA The project must prepare a GHG analysis
in accordance with the City of Carlsbad's Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how It would offset
the increase in emissions over the existing designations. The project must Incorporate each of the measures identified in Step 2 to mitigate cumulative
GHG emissions Impacts unless the decision maker finds that a measure is infeasible in accordance with CEQA Guidelines Section 15091.Proceed
and complete a project-specific GHG analysis and Step 2 of the Checklist
P-30 Page 4 of 13 Revised 02/17
•
City of Carlsbad Climate Action Plan Consistency Checklist
STEP 2:CAP MEASURES CONSISTENCY
The second step of the CAP consistency review is to review and evaluate a project's consistency with
the applicable measures and actions of the CAP.Step 2 only applies to development projects that involve
permits that may require a certificate of occupancy from the Building Official.'All other development
projects that would not require a certificate of occupancy from the Building Official shall implement all
emissions-related mitigation measures from the General Plan Update EIR.
Step 2:CAP Measures Consistency
Checidlst Item Yes No N/A(Check the appropriate box and provide explanation for you answer)
Residential, Commercial and industrial Photovoltaic Systems
1.Residential Photovoltaic Systems
Does the project include photovoltaic systems with a minimum average system
size of 1.6 lalowatts2 for each residential unit?1=1 I=1 El
Check WA"only if the project does not contain any residential buildings.
2.Commercial and Industrial Photovoltaic Systems
For new nonresidential projects with more than 50 cars surface parked or on
roofs of parking structures, would the project Include photovoltaic panels over at
least half of the surfaceircof-parked cars to achieve a minimum system size
equivalent to 2.5 iziowatts2 per covered parking space (up to 45 percent of
project's expected annual electricity use)?0 1=1
OR 737 (300w) panels
Would the project provide equivalent energy generation onsite through rooftop
photovoltaic panels or other means?
Check "WA"only if the project does not contain any non-residential buicings or provides
50 Of fewer parking spaces.
Efficient Lighting Standards
3.LED Lighting and Other Energy Efficient Lamps
Would at least 75 percent of the luminaires provided by the project be El
comprised of LED or other similarly efficient fighting?
Solar Water Heater/Heat Pump Installation
4.Solar Water Heating
•Residential Units:Does the project include a solar water heating system
capable of producing 2,300 icWhiyear or 112 thermstyear of total energy
required for water heafing?
•Commercial Projects:Does the project include a solar water heating 0 El
system capable of producing at least 50 percent of total energy required
for water heating?
•Restaurants of 8,000 square feet or greater with a service water heater
rated 75,000 Bluth or greater.Does the project Include installation of a
1 Actions that are not subject to Step 2 would Include, for example:1) discretionary map actions that do not propose specific development 2) permits
allowing wireless communication facilities; 3) special events permits; 4) conditional use permits that do not result in the use intensification or
expansion of an existing building and 5) non-building Infrastructure projects such as roads and pipelines.Because such actions would not result In
new occupancy buildings from which GHG emissions reductions could be achieved, the items contained In Step 2 would not be applicable.
2 System size rated as Direct Current (DC)under Standard Test Conditions (STC).
P-30 Page 5 of 13 Revised 02/17
City of Carlsbad Climate Action Plan Consistency Checklist
Step: 2:CAP Measure* Consistency
Chef:id:intern -
Yes No -WA(Chedc the appropriate box and provide explanation foryouate'
solar water-heating system with a minimum solar saving fraction of 0.15
consistent with non-residential voluntary standards of the California
Green &Mho Standards Code?'
Exceptions to this measure include:
1.Buildings with a natural gas service water heater with a minimum of 95 This option
percent thermal efficiency.will be
implemented
2.Buildings where greater than 75 percent of the total roof area has annual during the T.I.
solar access that is less than 70 percent. Solar access is the ratio of solar phase
hsolation including shade to the solar hsolation without shade. Shading
from obstructions located on the roof or any other part of the buidhg shall
not be Included In the determination of annual solar access.
In Ileu of solar water heaters, the project may propose to Include heat pump water
heaters to reduce the water heating load by 50 percent
Check "N/A° if the project does not contain any residential or non-residential buildings.
!Transportation Demand Management •
Trar>spor
project_s_Ath more than ayeek.would_the I :•
indfude—a—trarisportaton--dernarict_management (TDM)plan reviewed :.
-_Carlsbad El Elad Transpetation-D
ransPo nagemen terriplate)?
Check 'N/A"if the project Is a residential project or if it would not accommodate more
than 50 employees.
11 Increased Zero-Emissions Vehicle (ZEV) Travel
6.Zero-Emission Vehicle Infrastructure
•One-and two-famiv ctweifings and townhouses with attached private
garages:Would the required parking serving each new dwelling be "EV
Reedy"to allow for the future installation of electric vehicle supply
equipment to provide an electric vehicle charging station for use by the
resident?
•Mufti-Family Projects of fewer than 17 dwelling units:Would a minimum of
one parting space be 'EV Ready to allow for the future installation of
electric vehicie supply equipment to provide electric vehicle charging
stations at such time as it is needed for use by residents?
•Mufti-Family Projects of 17 or more dwelling units:Would five percent of
the total parking spaces requied, or a minimum of two spaces, whichever
Is greater, be 'EV Capable"5 to allow for the future Installation of electric
vehicle supply equipment to provide electric vehicle charging stations at
such time as it is needed for use by residents?Of the total 'EV Capable"
spaces provided,mid 50 percent of them,or a minimum of one,
313tu/h=British thermal unit per hour; solar saving fraction defined as the amount of energy provided by solar technology dMded by the total energy
required.
4 'EV Ready means a parking space that is pre-wired with a dedicated 208/240 branch circuit installed In conduit that originates at the electrical
service panel or sub-panel and 40 ampere minimum overcurrent protection device, and terminates Into a cabinet, box or enclosure,in a manner
approved by the building official.
5 "EV Capable" means a parking space that has a cabinet, box or enclosure connected to a conduit linking the parking space to the electrical service
panel In a manner approved by the building official. The electrical service panel shall provide sufficient capacity to simultaneously charge all electric
vehicles with or without a load management system.
P-30 Page 6 of 13 Revised 02/17
City of Carlsbad Climate Action Plan Consistency Checklist
-CAp.4111eSUIS CoriOiitency
Checklist Item ••
Yes No WA !
;(Check the appropriate I=and provide explanation for your answer)
whichever is greater, have the necessary electric vehide supply equOrnent
to provide active charging stations ready for use by residents and guests?
6% of parZrigstallsthe
•Non-residential orolects:Would six percent of the total parking spaces
wicalpabl berneEv—The
regLired,or a minimum of one space,*Scheyer is greater,be °EV shell permit will
Capable'to allow for the future installation of electric vehicle supply Install 2 active
equipment to provide electric vehicle charging stations at such time as It Is
futustatirdentsenandanttwhlneeded for use by future occupants? Of the total TV Capable' spaces instal the
provided, would 50 percent of them, or a minimum of one, whichever Is remaining active
greater, have the necessary electric vehide supply equipment to provide ed Pedestals
as
requir.
active charging stations ready for use by customers and employees?
Water Utilities system Improvements •
7.For one-and two-famty residential projects, does the project include:
•Waste piping to permit the discharge of greywater to be used for outdoor
Irrigation h compliance with Section 1502 of the California Plumbing I=1
Coder
Check "N/AnIf the project does not include residential buildings.
•
6 Pursuant to Health and Safety Code Section 17922.12, greywater means untreated wastewater that has not been contaminated by any toilet
discharge,has not been affected by Infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by
unhealthful processing, manufacturing, or operating wastes. Greywater includes, but Is not limited to, wastewater from bathtubs, showers, bathroom
washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.
P-30 Page 7 of 13 Revised 02/17
Attachment "A" to Climate Action Plan Consistency Checklist
(City of
Transportation Demand Management (TDM) Plan Carlsbad
Commercial Buildings V 1.2
Effective Date of Architect/Developer TDM Plan:2017-03-08
PHASE I:ARCHITECT/DEVELOPER
SECTION I:GENERAL INFORMATION
Developer:RAF Pacifica Group
Architect/Developer:Ware Malcomb Architets
Primary Contact:Robert Park
Mailing Address:6363 Greenwich Dr. Suite 175
San Diego, CA 92122
Phone:858-638-7277
Email:rpark@waremalcomb.com
SECTION II:PROJECT INFORMATION
Project Address:SEC of Gazelle Ct. & Whiptail Loop W.
SECTION III:CAP ALIGNMENT
Climate Action Plan Measure K:Promote Transportation Demand Management
The ownership group will develop the TDM Plan with the future tenant This project Is being entitled for a
cold shell with no known tenant at this time.Known measures under this shell permit will be disclosed on
this checklist and any future measures will be Implemented between the owner and tenant as Indicated.
SECTION W:FACILITIES
Describe how you have incorporated the following Facility Standards into the design of
your project plans.Include the number of amenities within each category as well as a site
map. Please list at least one item from each of the six categories.
1)Bike Parking Requirements
ure Bicyc e ar g
El Bikes availab e or emp oyees
El End-of-trip facilities such as showers and changing rooms with lockers
erezpE938 mmod
tor1-91)1GysleB.
Updated 10/6/2016 8
Attachment "A" to Climate Action Plan Consistency Checklist
Jr
City of
Transportation Demand Management (1)M) Plan Carlsbad
Commercial Buildings V 1.2
2)Pedestrian Facilities
Pedestrian Access to the Public SidewhiDirect Routes-frorb-Public Sidewalk -to-Eae Building in the Project
---
1=W-estriaig-accessjs-previded-t -the tfuttding-and-tcrthe-public_13ighL -wa .
3)"Transit Facilities
Convenient Access to Transit
Tobe-tietairiTified with f "[—01' Carlsbad's ubli
-
Cfrateit.and
owy)2er.Tima pro -owner-does-ntirhave con rolove e c s pu I t tribrtatfortl ations
sueh as bust stop facilities but a future' convenient; location could be providect_in the future.
4)Vehicle Facilities
e erential Parking for Carpools and V oo
ITE_Conyanient-Drop-off-for-Carpools-and-V-anpolosld3nsite
ancS Van Pol •
G stalls hava_been_provided-on_the_site_at_a_rate_oa% of the
toilsLprot ded.
5)Facilities:On-Site Amenities
Café or Full Service Café
111Kitchen capable ofproviding catering
El Conference Center/Meeting Rooms
E Conference Communication Equipment
Ei Wellness Center/Gym
El Athletic Facilities
rvices/Em loyee Service Venue;c
---Cleanurnot7-7-qthan --a-
-cistavenien)
fa-be detanpineff with future tenant and owner. A drop ararea-has-beerrprovided-
wI)enteure tenant 'swilling to provide anyatanacs)mrnended delivery services.
Updated 10/6/2016 9
•Attachment "A"to Climate Action Plan Consistency Checklist
(City of
Transportation Demand Management (TDM) Plan Carlsbad
Commercial Buildings V 1.2
6)Additional (Optional) Programs and Services:
El Mobility Hub (transportation options. shuttle, bus service, etc.)
EViarasixticture
Parking Management Plan
---,01111frastrt trt ife_will-be-provided-on-the-site-for-22-stas
SECTION V:AUTHORIZATION
Name and Signature of Designated ement Contact:,
George Aquino
7/2S /q-
Printed Name Signature Dat
Name and Signature of City of Carlsbad Representative:
Printed Name Signature Date
•
Updated 10/6/2016 10
Attachment "A" to Climate Action Plan Consistency Checklist
(City of
Transportation Demand Management (TDM) Plan Carlsbad
Commercial Buildings V 1.2
Effective Date of TDM Plan:
PHASE II:COMPANY TDM PROGRAM
SECTION I:GENERAL INFORMATION
Company:RAF Pacifica Group
Property Manager/George Aquino
Human Resources
Manager:
Primary Contact:George Aquino
Mailing Address:111 C St. Encinitas, CA 92024
Phone:858.314.3116
Email:george@rafpacificagroup.com
SECTION II:PROJECT INFORMATION
Project Address:Gazelle Ct. and Whiptail Loop W.
Carlsbad, CA 92010
SECTION DI:CAP ALIGNMENT
Climate Action Plan Measure K:Promote Transportation Demand Management
SECTION IV:PROGRAMS
The following Programs 1-7 must be implemented within one year ofproject completion.
Please list at least one item from each of the six categories.
Updated 10/6/2016 11
Attachment "A" to Climate Action Plan Consistency Checklist
CCity of
Transportation Demand Management (TDM) Plan Carlsbad
Commercial Buildings V 1.2
1)Completion of Annual Survey:
E Agree to conduct a TDM survey or an iCommute survey annually.
2)Designated On-site Transportation Coordinator:
El Agree to designate an on-site transportation coordinator to be the point of contact with
the City,regarding transportation demand management facilities and programs.
This person shall serve as the on-site coordinator.
To be determined with future tenant and owner.
3)Information Board or Kiosk:
Ei Information Board or Kiosk in Prominent Location for Residents, with resources on
all modes of transportation.
TAir-tgiRiffriiriOWIFuiriTtenant ancrier-11rrs-optien-will-be-consi
ct_Kaabad-will-require-this
4)On-Site Transit Pass Sales or Pre-Tax Transit Pass Program:
El On-Site Transit Pass Sales
OPre-Tax Transit Pass Program (if applicable) or similar program
El Information about transit services to your location
To be determined with future tenant and owner.If option 3 Is implemented, information
pertaining to transit services will be provided.
5)Participation in Guaranteed Ride Home or similar program
E Agree to participate in a Guaranteed Ride Home Program when a personal emergency
situation arises for tenant who uses an alternative commute mode to get to work
(or from work to home).
To be determined with future tenant and owner. Exact details can not be determined but
this will be considered as required.
Updated 10/6/2016 12
,
Attachment "A"to Climate Action Plan Consistency Checklist
(City of
Transportation Demand Management (TDM) Plan CarlSbad
Commercial Buildings V 1.2
6)Rideshare Sex-vices
[DRideshare matching services, subsidies or pre-tax donation
Vanpool Services
El Car Sharing Services0Assistancein Finding Commute Alternatives
As indicated, both carpool and vanpool services have dedicated
parking on -site.
7)Additional (Optional) Programs and Services:
Telecommute Program
Flexible work hours or compressed work week
0 Parking Management Plan
El Other On-Site Amenities
Designated food truck area, BBQ area, Bocce ball court.
SECTION V:AUTHORIZATION
Name and Signature of Designated Property Management or Haman Resources
Manager Contact:
George Aquino 6/(W)?—Printed Name "gnature Date
Name and Signature of on-site transportation coordinator:(preferred)
Printed Name Signature Date
Name and Signature of City of Carlsbad Representative:
Printed Name Signature Date
Updated 10/6/2016 13
1/2-91/7
City of Carlsbad CAP Consistency Checklist Review
ANAIIITOOM111991/9119111091
Rispomcm Regain babsiNotst/Ontionls fiNtbookNo. horn
CAP 01119111.161nut CAPWallet katobrin *mast Matt.
Pa 5 0 tne•GHGSlur. neon men PrOem nun'440004opwat.ohal...-“svoNt of 1 4.17 9319.in P41.0 v MT CO e.yell.
theOHOstudy does notwee. ‘theiirthioprowl 000 cinistlintwith to .bog
OsnamiPlan iond sodlofting NM/gallons orlb)Nlonet Cen•Ntent tho pratednle2commonly son OP d Zoning.V N
he
it bind On Olin iiniVor toning designation ammemont Atet 404)4 ISikilt in an
oquivItont or seGNO.Intonative ONNIet whenconverse to'Nangde•tolltleng Nan
04.1.4 the ONO .0440 to Include thisInfonnnon and .lea until!.the CAP Chodillat
ReNa•nbal vSystem.N/A I'N/A IN -Inethe projectOOM nal inetude temdenteal buildings
Pg 6 a/ the 6.10Stud104040 that VS projod would now t 22120 Oviaystent or about
7373C•3Wattparta to 499•496 minoriurn permit'oilthe Dt0000.411nuat Son Kp2CoovowcalAndIndutno IV Systwn•
%SO P'Nitroannual ol•tUldly uo• • 897%0 KWIIhr 45morn•Wanatty.
40309410P991V9
Pg of ithe GHG Studyslat.MatOm notedwill inane LED ;Int.within eiperneor 100
Leo end Othm Eminent teeing pm ren !nee nun.eyi.„no.„ee neee„.„eye ....cpp c„.„„
04 •
eonswt.", mem en.eye In boon
PI 7 of th60140 Study and WCAPChek1161an thantile W mootINNInstall neural gal
4 Ulm View01.511,4 perok• water MawwAN.•pninimum 0105 poteNnt thommaleINCionci and thotthpswill be
Imptenionted Owing Ow 'II Ono
imperani TemaGuano Turf mi..Kn rite-Niue(Mirnon an portions or me mill nen
ine.r. filled out ApolicanT vat.that cenain details mil lee petermed wen e con...Ionor
future moan.06nnee eon .Iment 169 MOMIebee
Inelndenye.seet/on ety TrynsitF.*nee.en-Omen'pen.serenene en en nee Annoy..
Ph..I.0.0.0 .V.2 9.epreeed on neynre.e.thei„npermen„.
Pnese Secleon II information ''011.0 etene
Ohne e'neon IV ea On Site T.my( Pan Sales oi T..p..s/DM Pi.n Tem.ay N ,ertion iv 05 Thrii.ipation 0.aiariteta'.laHon..of ^iarproer.P0g.WP
Alone •Ppi.100.^^45000..^^0.e^e0 ar. wee'
ritY elm rm..nee WM WO....to 0006.00 any me themlin camninnIente ee
oriellelentwarewhet eiMated in the IDM eop(eetion Mende n nil eunimeent 'Feynnte...rnenm ne...end Dee eMer ItemsMet nennee be eneetem6 et thIe olement the
Peolleel 4.06 tee the erten. MAIM.be enndItIened In Inde nit.7.7.00 (096
plan
Zepo-Erniulon VOW* infrattucturs V N •
/9e.mmn.I Waste Parig to.09.0.1.0909 N/A y
APPUCAKOMIONSEI 'alitignOSNOW rc
Cmordbinmkg41061
CAPCIIWUJI11101
411I•900 MICOee peryea.Th•GMG stunMebeen ...tadto geteMee it complies Mtn tne gnawplan
TN ONO study Me boon upeatod to Mate theta. N otmenant vrni.thoNonni Won
2 COMIStiney1MN OP ZONNII the peptises wing;100NOP* Int/WWII tenee an apprtrisusetri00440th. 6034poem) plmzoning. end *Nook plan OMNI&
Residential P0 Syelerne
Conernefeeel end ennoble)PVSymms
LED end Other Ellecent Lighting LED fleteree WIllbe Med end nn teen meal off le yea on the checklist
Melel Water Nesting
1DM Plan Templete N.ed olty Inputon remaremetne for future onennee9 tenter. lDM
Zoto•FmlmlonMale Infrastauctuto BM 07the tot.) pie/ON/Will provide Er OillistruChirs lot•total of 22 oUtiOne Ou toththe 22 4aNion. 2 Mtoo.Mll be hlotoliod as ActinMellon'IN!.shell Normal...I
Rwaernal CRAd'..1"61thorl
APPLICASITRIIPONSE6
ComemelsOwa bpplbent
CAP ONECILIITITEM
900 MTCO2. per00.0
Ciorslatoney with OP end Zoning
Reagent&WYSystems
Compnoroal and snaustnai PV Systems
LED end Other96enent.D9.Ing
Solar Water Hinting
IDM Plan lereplete
6 ZereEnibelonVellicla M•WW4ue
RemeentialWaete Plping for Outdoor Irrigation
City of Carlsbad CAP Consistency Checklist Review
ANALYST COMMENTS/QUESTIONS
Response on Response Further Action From
CAP CHECKLIST ITEM CAP Cbecidist Accepted?Analyst Notes/Comments Applicant Needed?
1 <900 MTCO2e per year?y VPg,5 of the GHG Study states that project would generate operational emissions of 1,447.93 MT
CO2e/year.
The GHG Study does not specify whether the project is (a) consistent with the existing General
Plan land use and zoning designations, or (b) if it is not consistent, that the project includes a
2 Consistency with GP and Zoning V N land use plan and/or zoning designation amendment that would result in an equivalent or less
GHG-intenstive project when compared to existing designations.Please revise the GHG study to
include this information and also update the CAP Checklist
1 Residential PVSystems N/A V N/A because the project does not include residential buildings.
Pg.6 of the GHG Study states that the project would install 1221_20 kW system or about 737
2 Commercial and Industrial PVSystems y y300 -Watt panels to achieve the minimum 45 percent of the project's annual electricity use.
Project's annual electricity use =897,098 KWh/yr.45 percent electricity use =403.694.10
kWh/yr.
Pg. 6 of the GHG Study states that the project will install LED lights within all areas or 100
3 LED and Other Effiloent Lighting Blank N percent of the building.This question was not filled out in the CAP Checklist For consistency.
please check the Yes box.
Pg.7 of the GHG Study and the CAP Checklist, states that the project will install a natural gas
4 Solar Water Heating N V service water heater with a minimum of 95 percent thermal efficiency and that this will be
implemented during the T.I. phase.
/wpm-dull111UP out the TUIVI rien 111 uie LAY calet.kiist out riot an putourib al we nen IfolVe oven
filled out Applicant states that certain details will be determed with a combination of future
tenant. owener, and relevant City of Carlsbad departments.
These items include:
-Phase I,Section IV #3: Transit Facilties (Convenient Access to Transit)
-Phase I,Section IV #5:On-Site Amenities
-Phase II,Section IV #2: Designated On-Site Transportation Coordinator
-Phase II.Section IV #3: Information Board or Kiosk
5 TDM Plan Template V N -Phase II,Section IV #4:On-Site Transit Pass Sales or Pre-Tax Transit Pass Program
-Phase II,Section IV #5: Participation in Guaranteed Ride Home or Similar Program
Also. application haS not been signed and dated.
City staff will also review the TDM application to confirm any site design commitments are
consistent with what is stated in the TDM application.City staff will supplement any
notes/comments as needed.For other items that cannot be answered at this moment the
project should. to the extent feasible. be conditioned to include these portions of the TOM plan.
6 Zero-Emission Vehicle Infrastructure
7 Residential Waste Piping for Outdoor Irrigation N/A V N/A because the project does not include residential buildings.
APPLICANT RESPONSES Amgen 77:7777777
ITTAMITMEMTComments from Applicant SeITT PaiptiMYS/CoMmeab S
CAP CHECKLIST ITEM TINOTAT408.10
1 <900 MTCO,e per year?
2 Consistency with GP and Zoning
1 Residential PV Systems
2 Commercial and Industrial PVSystems
3 LED and Other Effncent Lighting
4 Solar Water Heating
5 TDM Plan Template
6 Zero-Emission Vehicle Infrastructure
7 Residential Waste Piping for Outdoor Irrigation
APPLICANT RESPONSES
Comments from Applicant ApOloatikeiMeTCAP CHECKLIST ITEM
1 <900 MTCO2e per year?
2 Consistency with GPand Zoning
1 Residential PV Systems
2 Commercial and Industrial PV Systems
3 LEO and Other Effucent Lighting
4 Solar Water Heating
5 TDM Plan Template
6 Zero-Emission Vehicle Infrastructure
7 Residential Waste Piping for Outdoor Irrigation
City of Carlsbad CAP Consistency Checklist Review
AMUR COMBITS/WIEMIS
Rowers Romans FullsMienkwisakstIbleliCetelitalS
CAPMOW nu UP amain /input SOMA*SW
I 900 IATC09 per year?Pg 5 or toe GlIG Study states mat project would gen9ale oPerebebel em91991011447 93•MT C09/year
/690110 Study does not 'Weeny vonethar eh* 94940 II lalcomitent wrys Its ousting(bant016
Plan land use and zonffig 0.415960ns sr (WOllisnab combatant,Mal the project Includes.
2 coonsist„.with Go „oi 20nir,V 11 lend Wu plan And/et Zoning destratsmi einuarnent that WOUld lesuPt in an egvNaleill et Ind
GRGintsnatoe projectwen °emendto ntsbnit deStAttens none resin 09 093 9693
Io mind.this InNemerDon endaim update theCAPChecitlist
1 Restdential PV Syetern N/A Y N/A because ibe projectionnot include res.densel budding"
Pg.6 01111000 Study IAN the prowl Woukl initt0111221. 20 /54'yule'.or about>V
30010.11 panels39sidisave the minimum 46 percent of Pwlsont 499.910 us.2 0Ornmercial and 096000 Pt9yelems Projecrs annual eleancIty use •WOW)KVIIVw 15 beeentelednellyuse • 403.69410
Who.
ttg.6 orate .GtoLStudy states iltstthe project twat 09013ED3gYta withm ail aloesor 100
3 LED end Other ErloCent LieNtleg Blank N pmcent et the buiLding cluestion say 09 etied a co We CAPChecaliat cons.sieney
please check the Yee boo
I Ofthe GmStudy andN.CAP Chetah& Mates that the 9rOad will install •natural fps
4 Soler Water Heating N b ereeneter hoe.90• .6.69 .195Pementebe.9•1•00997.neIntell.Wall be
anreemontsci during the II phase
Appocant Nettout the TOM Plan IntheCAP 01.00131 eye not ielpert0ne of the Plan hale Seen
need 09 Apphsent gees test certain debria wyl be determed wen •combination of futufe,„„n.nwensr.lo Febyy.depoy..
These 'tams ineludo
Phase Section IV .3 It at tsCilttes (Convenient Access In 1010111
PhaseI. Sectom 46 en IN ontonotes
Phase Section 02 Deelnated On Stte ttensportebon Cootainstot
5 TIM Pion Templet.N Phan Section tY .3 infoimatten tlowd or Xiosit
Phase II Semen IV 14 OroStte Ransil Oen Sales ot Pt.InTransit Pass Ptogram
Ohne ti Sector.IV IN Pattletpatton in Gueranteeo Endo Horne of St Prognm
Also spoficalion has not been *040.4 snit (Wed
Col. men mil Moo too.. tn.!Dm SPOI1CSIMo to confirm any mt• theeir cornoottoentS le
on/Went *It^ *hal mmeo tne TWA eintiootton sts5 suPPleseen.
notes/commenta ...dee For °einem. „in cannot be antwered MMe moment the
9.09Anoble to the ottiennentble 000tItt.tmett to mclotte thesenon.."the I0.4 IN^
6 eer9ereNseen •eiblebe innastruoture
8°.ontIal wnthPIP'ng 1°'°Nide.5"eNee"Nat r NJANowise tne protectdonnot Aclucle temaenow buitainge
ComaImaSpike*
CAPCHICKIJSMOI
EllE=2=11 1111111111111.1n
=111111111111
Ea MalSmalfl
EIEEMZE
EMEM 111•1111101M
1111111 =111111
CommttbaNippliNst 4v.k:CAPMEOWMI
,11.1111111111111.1
Mi=111.111111.11111
17 IR.mentiai waste piping iorouwoor irrigation 1 1 1 1 1
cpiiii
City of Carlsbad CAP Consistency Checklist Review
MMITTNIMMORS/QUOMOS
0.O "a lopes fixtbscANIOrlfralnPaabetNabt/Ctaleals
CAPCHEOWITMINI Wlaseinst Pao.WM 44.4konegPfee
1 9001*-700 447 Y4447
Pg 5 et ineG9G Sway states thm stoma would e7.7..W.770n..o7.94.494a144)99
MT COre/year
TheGIP shipdoes nOt Weedy whether the popes Isle oonsiatent reltn theniaingGeneral
Plan rend ciao and zoning. desIgnations. or Oa if it N not nansisterrt that the project includes*
2 CortalateneY wIth GP and Lenin{y N land UN plan entVor toningtininatiOn amendment OmNotate result in an eqUIValtnt orfeu
0140.Mewteproject wren compered USealetragdeeliPan•Pleasetut..the ONG 1.90S h9
inctude Ula initemabon and also update the CAPOsearallet
1 ftelidentiel Pt:Wayne N/A Y 9/A Peterrie the Prarect dces trd 5.551 teedenli•I buIMInIts
P(eof theONO Study states that the project wouldinitial221 20 law system or About 137
NCO-watt wet;to achieve tea MininiuM 45meant Mane project. *meal ele051057 use2etornmerelal sod Incluatrial isv systems Notedaannual erect:imp/ use • 897598 KIAW)5 45 Ottani elect555use • 405.804
WOW
Pg 6oirthe Get bury states Mat the otoieddarn install LEDlights within all area or 100
IED ena 55.5 Vicient Leong Biwa N percent or webooing rnis question was not tired out in theCAPChecklist For consistency
please theca the res
P(1 DuneON Study and the CAPChecklist dates that ine project will Metallanaturalpa
0 Saler Water Neattng x Y lane.Water haterwith •minimUrnOf95 Woolthemtal eftrosinEy and that this will be II
impnementeddorm(thell peas.
APPIicarrt tileePut tn.IDIA 55Pintr. 5•55.entat hut Pot all 5.5551 Ott.PI•n hase been
'Wed nut artolicant States ton certan details 511 0.1010900 5th • cm05•9°.tutc'e
recent.owner Ind '&5595515C( 5•11.000 44449744744
794°4 7744 497944
arrant4Section lb tarransa Facilities IConsenrent Access tolranvil
Phase senor.ry et On-Sea amenities
PhanIr Section IV .02 Designated On Site I IonepOrtation Commove(
Plisse 11 Section IV •3 information Hoarder Cosh
Phase ft Section IS 041 On Site Transit Pass Salesor Prearar I ranat Pan Plograta
TIM Plan leMpiate .Ph•••Sect..IV 85 Participation in Guaranteed Aide Horne or Simpiar 5w san5 V
aisis avocation nos not been caned and dated
City stall ecri*leo revIew tneTOM appitcatron to confirm any ate design commitments ale
conicatest with What is %Wertinthe TOM mastication Cat start will .UppPernent anY
notes/cornmeats asn•eded For other items mat cannot be anaweted at this moment the
Prolect should to the ettent ten5le. M .Ondttianed to 99040 the.P.497.ciftheTWA Plan
04/14/2017 start eeeee or the TOM
10Wile...int to identity theloans°of the it EVCalls onMt site Wan
2)Anol.c•nt to and carpooVyanpool symbol witnin legend on Site plan
Pg 1 of the ONO&tidy stales the0 perCent el the total parkingsoon requited or
Minimum ofOne SpeCil.illt.Mgrdlir PStreater.Will193 TO Capable and.total TV Capable'
aced weviellitI,50 percient of Mem.alSiminimum anent wai have vie reentry elects
0 2445Entiaalon Vehicle infreatructure rahltaa araltiay0500fillint1ESSEi Se wawa actinatiargaing.taion$ropy lx 0.bymjit....ts
and emp.oyses Forconfirmation.papa innate Me ONO studywet the total numb.et
Oficiatiepecree for the VOd Including 0.e number al SOLO required to se TVCapable'0 •.
Amara at spatter and USEIle.50 Percent of .001.01-
r ResIdeotial Mete Piping for 00t0Carimpuon N/a r N/Aben...the prOreat dennolmcludeFespilenttal buildings
91/19985441na •
•--..••••..
WYK
wcsFCAY11161 .'
The project has eloamented that it is °imp9000 CO2e/year
1 <900 MT5Or•PerYe.The GlIG ettala has !seen updated toewe that it complies wan the genetal pian V Item was re"""the fint re'eW
ot the lensedONG study states thattn. VOA.*
conalateht*1111 the Clt/ISGeneral Plan lend us.endloran(
theG144 study has been updeted to state that it is conaAantnth IM 0..11 Plan The destpatona ms. commentIn the itraleede.ment detainthat
2 COnslatancy AMIGA and Zoning Pto/ect N a shell for future induitriai uses as an aplareved use thrOug5 thecats Y further try ttlitng that the prefect is Industrial and therefore
general plot. Mang and apart plan Catena oanstatent with cerealdesignations.Inthe tubas.ens.<
thoseodd tit lowei of detail In the OHO Study antVerCAP
Choeldlet
1 Raildentill Pt Systems N/A 244 review on this sem not needed N/A
2 COmmerolel 504 Indus-trier PVWarns N/A 204 review on We Item not needed N/A
Applicant theflred the boo on the CAP
555-
Checklist that LEO bailie!.
3 LED and Other Efficient LightIng LEDnaturalWil!be used and has Peen Checkd off es yes on The MedalistN will on In least 755m the 19
4 solar Water Heating N/A 2ndbeFeeley!reedon AS dellnet needed N/A
City has connuned that the 11 NV stalls end urpooOvenpool
5 TOM Plan Template Need city spun on enquiremethe far future occupied[enfant TOM V isignage Is on the protects site plan.City has also confirmed that N
theTOM has teen approved
Inthe first review. applioent was asked to provide the total
number el perking lipase* ter the protest alongwitthe entire!
number ofEVCapable end EKE Nene.Appheent preVided the
number Cif EYCapable and EWE species In the CAP Checklist.
AssenttinCOMM'e with the City the total number of Pendell
*peen for the prOJIlet(960 [MIMI antes).e% of total is 22
losesthe< would needSehe kV Cepable 11 Ofthen111001ft%el the toter penning will provideEY Mfreartiature foratotal 0.22 stations.Ontof thea.2•0>Errileelen Oehler. infrestructure y would he EWE.AppllOat confirmedIn the CAP Checielinnst 222 NUMMI 2nations will be Moanedes letlOsi etatiOnstattlesnail parrot leVel would be Installed Vdth the shell peril%1111.°Online that the
POMOMegee Sind Provided bYthepitiedIs°moisten{Withthe
reqUireMente eltheChecltilit b%d407 would be 22 And has
&thoseIlllipid.)WOOSneedle beCMand listed on site
pten.meteor his been rellelVed.tat epplieent should provide
all Of COSIhrtilnatIenIneither thesee MS.ortheCAP
Cheeldiet In theMutt
•7 Residential Waste Piping for Outdoor Irrigation N/A 2nd review on this item not needed.
CLTA Preliminary Report Form Order Number:U-5112454 (06)
(Rev.11/06)Page Number:1
114ri c
:1;;11/041;
First American Title
First American Title Company
7979 Ivanhoe, Suite 200B
La Jolla,CA 92037
File No.:U-5112454 (06)
This report has been amended/updated to reflect•the following matters:
[]No changes made to the report other than the Effective Date
[]Property address has been revised
[I.Vesting has been revised
[]Legal Description has been revised
[X ]Taxes have been updated
[X ]Original item number(s)1 and 4 have been removed
[X ]New item number(s)1 through 3 have been added
[]Original item number(s)V have been revised
[X ]Other: Informational notes original item no's.1 and 2 has been added.
RECEIVED
NOV 1 7 2016.
CITY OF C1NRLSBAD..
PLANNING DIVISION
First American Title
---
"Order Number:U-5112454 (06)
Page Number:2
Updated 10/03/2016
•ohiso„.,
:litho:Ati7erican Tide
Firs't American Title Company
4380 La 3olla Village Dr, Suite 200
San Diego, CA 92122
Customer Reference:
Order Number:U-5112454 (06)
Title Officer:Dianne Livingston •
Phone:(858)410-1303
Fax No.:(714)913-6750
E-Mail:V dslivingston@firstam.com
Escrow Officer:Karen Hagen
Phone:(858)202-5675 •
Fax No.:(888)302-8627
E-Mall:khagen@firstam.com .
V
E-Mall Loan Dotuments to:FACA-RA-La.lolla-7979@iirsimm.com
Buyer:RAF GROUP LOT 24, LLC
Owner:Carlsbad Oaks North Partners,LP
Property:Vacant Land
•
Carlsbad, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that ft Is prepared to issue, or
cause to be Issued, as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth In Exhibit A
attached.Thepolicy to be Issued may contail an arbitration dausa When the Amount ofInsuance is less than that set forth In the
erbilration clause, all alb /liable matte's shat be athitratedat the option of ether the•CrInpany or the Insured as the exclusive remedyofthe
parties Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Mamum Mar Limit of Liability for •certain coverages are also set forth In Exhibit k Copies of the policy forms should be
read. They are available from the office which Issued this report
firstAmerican Mile
Order Number:U-5112454 (06)
Page Number:3
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth In Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance polio' 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 !lability be assumed prior to the issuance of a policy of title Insurance,a
Binder or Commitment should be requested.
(
•
•
•
firstAmerican Tide
Order Number:U-5112454 (06)
Page Number:4
Dated as of September 27, 2016 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report Is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
•Tide to said estate or Interest at the date hereof is vested in:
CARLSBAD OAKS NORTH PARTNERS, L.P., A LIMITED PARTNERSHIP
The estate or interest in the land hereinafter described or referred to covered by this Report Is:
A fee.
The Land referred to herein Is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage In addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1.General and spedal taxes and assessments for the fiscal year 2016-2017.
First Installment:$20,514.00,OPEN
Penalty:$0.00
Second Installment:$20,514.00,OPEN
Penalty:$0.00
Tax Rate Area:09013
A.P.No.:209-120-18-00
2.Supplemental taxes for the year 2016-2017 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment:$25,958.52,OPEN
Penalty:$0.00
Second Installment:$25,958.52,OPEN
Penalty:$0.00
Tax Rate Area:09013
A.P.No.:900-001-06-00
3.Supplemental taxes for the year 2016-2017 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment:$49,999.99,OPEN
firstAmerfcan 77de
•
Order Number:U-5112454 (06)
Page Number:5
Penalty:$0.00
Second Installment:$49,999.99,OPEN
Penalty:$0.00
Tax Rate Area:09013
A.P.No.:900-001-09-00
APN No's. 900-001-07-00 through 900-001-09-00
Installment amounts shown above affect each of the above referenced Assessor Parcel
Numbers.
4.Intentionally Deleted
5.The lien of spedal tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Fadlities District No.1, as disclosed by Notice of
Spedal Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records.
Document(s) declaring modifications thereof recorded June 29, 2004 as Instrument No. 2004-
0606773 of Official Records.
6.The lien of supplemental taxes,if any, assessed pursuant to Chapter 3.5 commendng with
Section 75 of the California Revenue and Taxation Code.
7.The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee"
recorded December 3, 1981 as Instrument No. 81-380028 of Official Records.
8.The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee"
recorded December 11, 1985 as Instrument No. 85-466658 of Official Records.
9.Lien for weed abatement in favor of City Coundl of the City of Carlsbad
Against:Carlsbad Oaks North,LP
Amount:$1,547.40
Recorded:August 5, 2004 as Instrument No.20040740745 of Offidal
Records.
10.The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded November 9, 2004 as Instrument No.2004-1066056 of Official Records.
11.The terms and provisions contained in the document entitled "Notice and Waiver Concerning
Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation
Corridors Case No: CT 97-13" recorded November 9, 2004 as Instrument No. 2004-1066058 of
Official Records.
12.The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded December 15, 2004 as Instrument No. 2004-1180067 of Official Records.
13.The terms and provisions contained In the document entitled "Hold Harmless Agreement
Geological Failure" recorded December 15, 2004 as Instrument No. 20041180068 of Offidal
Records.
fitstAmerican Tide
•
Order Number:U-5112454 (06)
Page Number:6
14.The terms and provisions contained in the document entitled "Agreement Between
Developer/Owner and the City of Carlsbad for the Payment of a Local Drainage Area Fee"
recorded December 21, 2004 as Instrument No. 2004-1201221 of Official Records.
15.An easement for public street and public utility and incidental purposes, recorded January 23,
2007 as Instrument No. 2007-0047586 of Official Records.
In Favor of:City of Carlsbad, a munldpal corporation
Affects:As described therein
16.Rights of the public In and to that portion of the land lying within any Road, Street, Alley or
Highway.
17.Water rights, daims or title to water. whether or not shown by the public records.
18.Rights of parties In ,possession.
Prior to the Issuance of any policy of title insurance, the Company will require:
19.With respect to Carlsbad Oaks North Partners, L.P.,a California limited partnership:
a.That a certified copy of the certificate of limited partnership (form LP-1) and any amendments
thereto (font LP-2) be recorded in the public records;
b. A full copy of the partnership agreement and any amendments;
c.Satisfactory evidence of the consent of a majority in Interest of the limited partners to the
contemplated transaction;
d. Other requirements which the Company may impose following its 'review of the material
required herein and other information which the Company may require.•
RistAmen-can Tide
Order Number:U-5112464 (06)
Page Number:7
INFORMATIONAL NOTES
Note: The policy to be Issued may contain an arbitration dause. When the Amount of Insurance Is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.If
you desire to review the terms of the policy, induding any arbitration clause that may be induded,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be Issued In connection with your transaction.
1.The property covered by this report is vacant land.
2.According to the public records, there has been no conveyance of the land within a period of
twenty-four months prior to the date of this report, except as follows:
None
3.We find no open deeds of trust Escrow please confirm before dosing.
The map attached,if any, may or may not be a survey of the land depicted hereon. First American
expressly disdaims any !lability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage Is expressly provided by the terms and provisions of the title
insurance policy, If any, to which this map is attached.
firstAmerican Tide
Order Number:U-5112454 (06)
Page Number:8
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
A PORTION OF LOT 'B' OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 14 OF C.T. 97-13-02 ACCORDING TO MAP
THEREOF NO.15505, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
ON JANUARY 23, 2007 AS FILE NO. 2007-0047588, SAID POINT BEING ON THE NORTHERLY
BOUNDARY OF A PUBLIC STREET AND UTILITY EASEMENT RECORDED JANUARY 23, 2007 AS
FILE NO. 2007-0047586, SAID POINT ALSO BEING ON A 56.00 FOOT RADIUS CURVE CONCAVE
WESTERLY, A RADIAL TO SAID POINT BEARS NORTH 10° 39' 29" EAST; THENCE, ALONG SAID
EASEMENT, SOUTHERLY ALONG SAID CURVE 'THROUGH A CENTRAL ANGLE OF 181° 26' 49" AN
ARC DISTANCE OF 177.34 TO THE SOUTHERLY BOUNDARY OF SAID EASEMENT AND THE
BEGINNING OF A COMPOUND 836.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE
WESTERLY ALONG SAID SOUTHERLY BOUNDARY AND SAID CURVE THROUGH A CENTRAL
ANGLE OF 10° 54'11" AN ARC DISTANCE OF 159.09; THENCE, LEAVING SAID SOUTHERLY
BOUNDARY, NON-TANGENT TO SAID CURVE SOUTH 01° 4T 45" WEST 442.55 FEET; THENCE
SOUTH 43° 05' 58" WEST 78.45 FEET TO A POINT ON THE BOUNDARY LINE OF MAP NO.
14926; THENCE, ALONG SAID BOUNDARY LINE, NORTH 77° 38' 20" WEST 113.76 FEET;
THENCE, CONTINUING ALONG SAID BOUNDARY LINE SOUTH 11° 17' 49" WEST 82.26 FEET;
THENCE SOUTH 87° 08' 32" WEST 365.70 FEET; THENCE SOUTH 72° 37' 22" WEST 98.92 FEET;
THENCE SOUTH 78° 26' 29" WEST 72.00 FEET; THENCE, CONTINUING ALONG SAID BOUNDARY
LINE, NORTE!11° 33' 31" WEST 194.52 FEET TO THE BEGINNING OF A TANGENT 786.00 FOOT
RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 3° 10' 04" AN ARC DISTANCE OF 43.46 FEET; THENCE, NON-TANGENT TO
SAID CURVE, SOUTH 84° 35' 16" WEST 280.24 FEET; THENCE SOUTH 85° 29' 23" WEST 251.74
FEET; THENCE SOUTH 82° 04' 13" WEST 213.60 FEET; THENCE SOUTH 89° 43' 03" WEST
175.64 FEET TO THE BEGINNING OF A TANGENT 365.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 45°4T 04"AN ARC DISTANCE OF 291.67 TO THE BEGINNING OF A COMPOUND
263.95 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 44° 15' 12" AN ARC DISTANCE OF 203.87; THENCE NORTH
00° 14' 41" WEST 240.75 FEET; THENCE NORTH 44° 08' 29" WEST 144.73 FEET; THENCE
NORTH 19° 31' 49" WEST 131.99 FEET; THENCE NORTH 05° 21' 05" EAST 57.20 FEET; THENCE
NORTH 34° 27' 58" EAST 197.57 FEET; THENCE NORTH 59° 57' 40" EAST 70.09 FEET; THENCE
SOUTH 79° 15' 22" EAST 175.81 FEET; THENCE SOUTH 51° 37' 17" EAST 154.72 1
-tt i TO THE
BEGINNING OF A 183.02 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52° 02' 49" AN ARC DISTANCE OF 166.25
TO THE BEGINNING OF A REVERSE 171.06 FOOT RADIUS CURVE CONCAVE SOUTHERLY;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36° 18' 35" AN ARC
DISTANCE OF 108.40; THENCE SOUTH 67° 21' 31" EAST 137.39 FEET TO THE BEGINNING OF A
120.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 46° 37' 51" AN ARC DISTANCE OF 97.66; THENCE NORTH 66°
00' 38"EAST 156.85 FEET; THENCE NORTH 45° 24' 07" EAST 128.01 FEET; THENCE SOUTH 84°
16'15" EAST 52.97 FEET; THENCE NORTH 20° 33' 19" EAST 121.02 FEET; THENCE NORTH 47°
first Amenam Tide
Order Number:U-5112454 (06)
Page Number:9
08' 06" EAST 406.15 FEET; THENCE SOUTH 89° 28' 01" EAST 876.72 FEET TO THE NORTHWEST
CORNER OF MAP NO.15505; THENCE, LEAVING THE. BOUNDARY LINE OF SAID MAP NO.14926
ALONG THE WEST LINE OF SAID MAP 15505, SOUTH 00° 31' 59" WEST 420.80 FEET; THENCE,
CONTINUING ALONG SAID WEST LINE, SOUTH 89° 28' 01" EAST 45.73 FEET; THENCE SOUTH
00° 31' 59" WEST 376.85 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 14; THENCE,
ALONG SAID NORTE! LINE, SOUTH 89° 09' 41" WEST 153.25 FEET TO THE POINT OF
BEGINNING.
THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A
LOT LINE ADJUSTMENT, CERTIFICATE NO. ADJ 09-05 RECORDED MARCH 15, 2016, AS
INSTRUMENT NO. 2016-0113806 OF OFFICIAL RECORDS.
APN:209-120-18-00
fitstAmefican 77de
"
--d SIN COOmum ATOMWP
09 Oh sii2T0910F —12 2
1 iv nr I 1•-
8/25120104
-0'
,20a_•...•••
DO:FM ftlid.fA
1 Mr
CPEN
SPACE
..,..••
•AEI
Ia1=C2;113=
1:111==1:11:1
I WI Pk rib
..•WV MEN1=1;1:111E1MMIIIEMIDGI
1 994AC ..i 0 1 n MENCID
4.1 AC 8.1C III...
11111111111MINIIII .._
POR 8 ..Lr it
,31 4••<%
M=II=MMil,..1.24 •/.•
•
..•.•-3 gal -nui EMIMIEMi.,
'-.•..
5 5.c?A C 1 1•
.•Ac ib EMMEMEMMEM
1
••.a.k m „v.„4.AC ma
•.
SHT 1 EMMEM
uCTILaist.AD97.54 T EMMEM(E)97-13-03 r! r ....I .;+r,
-g i I.
NOR
OWS
TH PHASE 3 PV.'..7.ro NO ACCESS2.WHPTAIL LOOP
3. cmtieou Cr4111MA -."f.•a ..:,,,.1.••13 AC
•
..4'SEE RECORD NAP 14026
,,,
4 13FAc ••
40,11.
FOR ACCESS LOCATIONS*•
8%!'•
.r.7'..r
•
'•••4 dim 1•11••••..,,,
•
•.
.."-
...04ezt.
,R t I ..•.,........„
,..z.,
.."-...li"4..;•.SHT 2
of •
X
scr)It n•1
•it 717 1 •nal•
_
...1 ff
1 CPEN
AC 1 ,'.AC .4
.,
5.1
•
.-''0.••'
•3..n 1*..
,„‘, i.r..,e.4
..4*
.....SC ..;;',arS
.
.••
4(
13.
-•,''.f 00SPACE
•••:.•I:..tin .""1
.'.
i .........E afc.•
•.
‘
C .:..pil (D —I24%4to zr 11 Ac i 1.iAC
.Z Z
ii :ArAI
...-;-1.-.4 .....J -)..''.''.!...:
.f:.«......1....
'02'
A ptocravonr 8.11
B N5313'30-E 18.15
C C33.....•'
.
acli)Ac
....•
ft •0 -•
•
Ilw 0 .:.
.
1 •FARADAY AVE c N.58'49.30.1 85.950R-284 28.89
E N5.733.23•11 148313
F 144.8'06.30•E 21.89
Cr
ER ' u
1 4.,,:-,,
•.e•eiu .f ,:
:$
•
0 Ft=.1CO 60
H Mater56-E 78.45 I-
J R=6.8 177.34
.•ca
g •I
1
SHT 2 en
I—.
16
4',I--.
,s.i•
r.)-iltoI4=6IMAP15505—CARLSBAD TCT NO 97-13-02 CARLSBAD OAKS NORTH PHASE 2
MAP 14a26 CARLSBAD TCT NO 97-11—_Q1 QARLSBAD OAKS NORTH PHASE 1gMAP823-
7 RHO AGUA HEDIGNDA —P OR LOT B .i 13crt
Order Number:U-5112454 (06)
Page Number:11
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1,1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
Rrst Amefican 77de
Order Number:U-5112454 (06)
Page Number:12
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CITA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions In Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses mulling from:
1.Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building;(d) Improvements on the Land;
(b) zoning;(e) land division; and
(c) land use;(f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16,.18, 19, 20, 23 or 27.
2.The failure of Your existing structures, or any part of them, to be constructed In accordance with applicable building codes.This Exclusion
does not limit the coverage deserted in Covered Risk 14 or 15.,
3.The right to take the Land by condemning It.This Exclusion does not limit the coverage described In Covered Risk 17.
4.Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded In the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result In no loss to You; or
(d) that first ocarr after the Policy Date -this does not limit the coverage described in Covered Ftlsk 7, 8.e., 25, 26, 27 or 28.
5.Falure to pay value for Your Title.
6.Lack of a right
(a) to any land outside the area specifically described and referred to In paragraph 3 of Schedule A; and
(b)In streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
Insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:For Covered Risk 16, 18, 19, and 21
Your Deductible Amount and Our Ma:dmurn Dollar Umit of Liability shown in Schedule A.
Your'Deductible Amount Our Maximum DollarLimit of Liability
Covered Risk 16: 1% of Policy;Amount or $2,500.00 (whichever Is less)$10,000.00'
Covered Risk 18:1% of Policy Amount or $5,000.00 (whichever Is less)$25,000.00
Covered Risk 19:1% of Policy Amount or $5,000.00 (whichever is less)$25,000.00
Covered Risk 21:1% of Policy Amount or $2,500.00 (whichever Is less)$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B,you are not insured against loss, costs, attorneys' fees, and expenses restating from:
1.Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning
ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear In the public records at Policy Date.
AistAmerican 77de
)
Order Number:U-5112454 (06)
Page Number:13
This exclusion does not limit the zoning coverage described In Items 12 and 13 of Covered Ti tie Risks.
2.The right to take the land by condemning It, unless:
(a)a notice of exert sing the right appears,in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you If you bought the land without knowing of the taking
3.The Risks:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date —unless they appeared in the public records
(c) that result In no loss to you
(d) that first affect your title after the Policy Date —this does not limit the labor and material Den coverage trn Item 8 of Covered Title Risks
4.Failure to pay value for your title.
5.Lack of a right
(a) to any land outside the area specifically described and referred to In Item 3 of Schedule A OR
(b)In streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage In Item 5 of Covered Title Risks.
2006 ALTA LOAN 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) tebbkAirpg, regulating,
prohibiting, or relating to
•(I) the Occupancy, use, or enjoyment of the Land;
(U)the characbar, dimensions, or location of any improvement erected on the Land;
(111)the subdivision of land; or
(lv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(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 aalman4
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not &dosed
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 hi loss or damage that would not have been sustained if the Insured aaimant had paid value for the Insured Mortgage.
4.Unenforosability of the lien of the Insured Mortgage because of the inability or fallure of an Insured to comply with applicable doing-
business laws of the state where the Land Is situated.
5.Irwalkfity or unenforceablity in whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and Ls 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 piefeiuiUal transfer for any reason not stated in Covered Risk I3(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 acluslon does not modify or limit the coverage
provided under Covered Risk 11(b).
The above policy form may be issued to afford elther Standard Coverage or Ectended Coverage.In addition to the above Exclusions from
Coverage, the Breptions from Coverage In a Standard Coverage policy will also Include the following Noaptions 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
firstAmentan 77t/e
•k,_,)
,Order Number:U-5112454 (06)
Page Number:14
proceedings, whether or not shown by the records of such agency or by the Public Records.
2.Any facts, rights, interests, or dairns 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, Bens or encumbrances, or claims thereof, not shown by the Public Records.
4.Any encroachment, encumbrance, violation, variation, or adverse drcumstance 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 Act 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 Ben or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are ED:ores* 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
(1)the occupancy, use, or enjoyment of the Land;
(11)the character, dimensions, or location of any improvement erected on the Land;
(Ill) the subdivision of land; or
(lv) envhonmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(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 9 or
10); or
(e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value for the Title.
4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting
the Title as shown in Schedule A,Is
(a)a fraudulent conveyance or fraudulent transfer, or
(b)a preferential transfer for any reason not stated in Covered Risk 9 of this
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 arry.tedng 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 fads, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspedion of the Land or
that may be asserted by persons in possession of the Land.
3.Easements,lies or encumbrances, or claims thereof, not shown by the Public Records.
4.Any encroachment, encumbrance, violation, variation, or adverse drcurnslance affecdng 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 Ads 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 Ben or right to a lien for services, labor or material not shown by the public records.
firstAmerican 77de
r--I.
ALTA IDOIANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1.(a) Any taw, ordinance, permit, or governmental regulation (including those relating to building and zoning) iesti regulating,
prohibiting, or relating to
(I) the occupancy, use, or enjoyment of the Land;
(11)the character, dimensions, or location of any improvement erected on the Land;
OD the subdivision of land; or
(Iv) environmental protedion;
or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 1.3(d), 14 or 16.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c),
13(d), 14 or 16.
2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or dainage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered RIsk 11,
16,17,18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid vahie for the Insured Mortgage.
4.Unenforceabllity 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 unenforceablitty in whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon. usury or any consumer credit protection or truth-in-lending law. This Ecdusion does not modify or limit
the coverage provided in Covered Risk 26.
6.Any claim of Invalidity, unenforceabilty or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown In Schedule A is no longer the owner of the estate or Interest covered by this policy. This
Exclusion does not modify or limit the coverage provided In Covered Risk 11.
7.Any Item on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date
of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8.The failure of the residential structure, or any portion of It, to have been constructed before, on or after Date of Policy In accordance with
applicable building codes.This Exclusion does not modify or limit the coverage provided In Covered Risk 5 or 6.
9.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage,Is
(a) a fraudulent conveyance or fraudulent transfer, or
(b)a preferential transfer for any reason not stated In Covered Risk 27(b)of this policy.
firstAmerican 77t1e
•
•
.,•
,tat..
•
MCaP.
Primo/ Information •
We Are Committed to Safeguarding Customer information .
In order to better serve your needs now and in the fulike, we may ask you to provide US with certain Information. We understand that you may be concerned about what we wIl do with suCh
Lau .stiuI -particularty any personal or firmxial Information. We agree that you have a right to know how we will utilize the personal Information you provide to us. Therefore, together with our
subsiclisrles we have adopted this Priory Pcitry to govern the use and herding of you personal information..
Applicability
This Privacy Poicy governs our use of the information that you provide to us.ft does not govern the winner in wNch we may use Information we have obtained from any other source, such as
Information obtained from a public record or from another person or entity.Rust American has also adopted broader guidelnes that govern our use of personal Information regardless of Its source.
First American calls these guidelines its Fair Information Vaiues.
Types of Information
Depending upon which of our services you are utilising, the types of nonpublic personal Infomustion that we may collectinductee•Irformation we receive from you on applicatbrts, forms and In other oornmunications to us, whether In writhg,In person, by telephone or any other marten•Lduu.vstbir about Your transactions with us, Orr affilated companies, or others; and•Llounstbu we receive from a consumer reporting agency.
Use of Information -
We request iltuirtstbu from you for ow own peg mate business purposes and not for the beneft of any nonafilbited party. Therefore, we will not release your Information to nonaffilated parties
except:(1) as necessary for us to provide the product or service you have requested of us or (2)as permitted:by law. We may, however, store such hifumallu.IndefIrdbely,Includhx) the period
after which any customer relationship has ceased. Such [dur.vd.kmi may be used for any Internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal Information fisted above to one or more of our affiliated companies. Such enlisted companies include financial service providers, such as Attie.hsurers,property and casualty
Insurers,and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Rrthermore,
we may also provide all the h maks'we coiled,as described above, to companies that perform marketing services on our behalf,on behalf of ow affiliated companies or to other flnandal
Institutions with whom we or ow entered converges have' joint marketing agreements.
Former Customers
Even If you are no longer our customer, our Privacy. Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no wouthOlized parties have amen to any of your information. We restrict access-to nonpublic personal inforrnrilon about you to those Individuals and
entEles who need to IcreoW that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your Information will be
handled responsibly and In accordance with this Privacy Policy and First Amu kg.s Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal Information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy. issues on the Internet. We believe It Is Important you know how we treat the information about you we receive on the Internet
In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Orr Web servers collect the
domain names,not the e-mail addresses, of visitors. This Information is aggregated to measure the minter of vists,• average tare spent' on the site, pages viewed and similar information.Rust •
American uses this information to measure the use of owsite and to develop ideas to Latium the content of our site.
There are time's, however, when we may need, information from you, such-as your name and email address. When InforrnatIon is needed, we MI use our best efforts to at you know et the time of
coledlon how we wM use the personal information.Usually,the personal Information we coiled is-&ad only by us to respond to your Inquiry, process an order or allow you to amass specific
acrount/profie Information.If you choose to share any personal irformation with us, we wit only use it In accordance with the policies outlined above.
941filled• Relatio=idol
Rust American Finandal Corporation's rte and its ante&sites may contain Ihgcs to other Web sites. While we try to link only to stes that share our high standards and respect for privacy, we are
not responstde for the content or the privacy practices employed by other sites
'Cookies .•-•
Some of First American's Web sites may, make use of 'oxkle•technoiogy to measure site activity and to custontre Wormation to your personal tastes. A cookie IS an element of data that a Web site
can said to your blowier, which may then store the cookie on your hard drive.
ErsiAmcgrn uses stored coolies.The goal of this technology in to better'serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and
producttve Web site eqierience.
Fair Information-Values
Fairness We consider consumer expectations about litelrprIvacy In all our businesses. We only offer products and services that assurea favorable balance between =artier bens%and core:tans
Prialor'•Public Record We believe that en open public record creates sigificant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record •
and emphasize Es Importance and contrilxrdon to our economy.
Me We believe we should behave responsibly when we use information about a consumer In owbusiness. We Al obey the lava governing the rogedion, use and cIsseinination of data.
Accuracy We will take revs noble steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we wilt:eke reasonable steps to correct inaccurate Information.
When, as wth the public record, we cannot correct inaccurate Information, we will take ail reasonable steps to assist cortsuners in identify-hg the source of the erroneous data so that the consumer -
can secure the requked corrections.
Education We endeavor to educate the users of our products and services, ow employees and others In our Industry about the Importance of consumer privacy. We will hstruct our employees on
ow fair information values and On the responsible collection and use of data. We will encourage others in ow hxkstry to collect and use hibernation in a responsible manner.
Security We will maintain appropriate fatuities and systems to protect against unauthorized access to and oxruptbn of the data we maintain."
Form.50-PRIVACY (9/1/10)Page 1 of 1 Privacy Information (2001-2010 First American Finandal-Corporation)
••
•
••
•
..
•
••
•.
•
,
I •
Font No. 1402.06 Policy Page 1
ALTA Owner's Policy (6-17-06)•Policy Number: 5112454'
1100302P050600 "1.70 -
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
Any notice of claim and any other notice or statement In writing required to be given to the Company under thIs policy must be
given to the Company at the address shoivn In Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS police power not covered by Covered Risk 5 if a notice of the
FROM COVERAGE CONTAINED IN SCHEDULE B AND THE enforcement action. describing any part of the Land,Is recorded
CONDITIONS,FIRST AMERICAN TITLE INSURANCE COMPANY,a In the Public Records, but only to the extent of the enforcement
Nebraska corporation (the 'Company')Insures,as of Date of Policy referred to In that notice..
and,to the extent stated In Covered Risks 9 and •10,after Date of 7.The exercise of the rights of eminent domain If a notice of the
Policy,against loss or damage,not exceeding the Amount of exercise,describing any part of the Land;is recorded In the
Insurance, sustained or incurred by the 'Insured by reason of:Public Records.
1.Title being vested other than as stated in Schedule A.8.Any taking by a governmental body that has marred and Is
2.Any defect in or lien or encumbrance on the The. This Covered binding on the rights of a purchaser for value without Knowledge.
Risk indudes but is not limited to insurance against loss from 9.Title being vested other than •as stated In Schedule A .or being
(a)A defect in the The caused by defective
(I)forgery,fraud,undue Influence,duress,incompetency,(a)as a result .of the avoidance in whole or in part,or tiom a
Incapacity, or impersonation;court order providing an alternative remedy, of a transfer of
(Ii)failure of any .person or Entity to have authorized a all or any part of the title to or any Interest in the Land
transfer or conveyance;-occurring prior to the 'transaction vesting Title as shown in
OD a document affecting Title not property created,Schedule A because that prior transfer constituted a
executed, witnessed, sealed, acknowledged, notarized, or fraudulent or preferential transfer under federal bankruptcy,
•delivered;state Insolvency, or similar creditors' rights laws; or
(iv) failure to perform those acts necessary to create a (b)because the instrument of transfer vesting The as shown in
document by electronic means authorized by law;Schedule A constitutes a preferential transfer under federal
(v)a document executed under a falsified,expired,or bankruptcy, state insolvency, or similar creditors' rights laws
otherwise invalid power of attorney;by reason of the failure of Its recording In the Public Records
(vI) a document not properly -filed, recorded,or indexed in (1)to be timely, or
the Public Records including failure to perform those ads (11)to impart notice of its existence to a purchaser for value
by electronic means authorized by law; or or to a judgment or lien creditor.
(vii)a defective judicial or administrative proceeding.10.Arty defect In or lien or encumbrance on the Title or other matter
•(b)The lien of real estate taxes or assessments imposed on the Included In Covered Risks 1 through 9 that has been created or
Title by a governmental authority due or payable, but unpaid.attached or has been filed or recorded in the Public Records
(c)Any encroachment,encumbrance,violation,variation,or subsequent to Date of Policy and prior to the recording of the
adverse circumstance affecting the The that would be deed or other instrument of transfer 'in the Public Records that
disclosed by an accurate and complete land survey of the.vests Title as shown in Schedule A.•
Land.. The term 'encroachment' includes encroactrnents of
cpisting Improvements located on the Land onto adjoining The Company will also pay the costs,attorneys' fees, and expenses
land,and encroachments onto the Land of existing incurred in defense of any matter insured against by this policy; but
improvements Iodated on adjoining land.only to the extent provided in the Conditions.
3.Unmariztable Title.
4.No right of access to and from theland.Fifa Arnerican Title insulanc:a 'Company5.The violation or 'aqui =mitt of, any law,ordinance,permit,or
governmental regulation (including those relating to building and
(oning) restricting, regulating, prohibiting, or relating to
(a)the occupancy, use, or enjoyment of the Land;
(b)the character,dimensions,or location of any Improvement
erected on the Land;
(c)the subdivision of land; or 0Doonals‘keiallTrara
(d)environmental protection President
if a notice,describing any part of the Land,is recorded In the •
Public Records setting forth"the "violation or intention to
enforce, but only to the extent of the violation or enforcement
referred to in that notice...iiitrep itstgkison6.An enforcement action based on the exercise of a governmental Secretary
•
•
•
..
x Form No. 1402.06 Poky Page 2
ALTA Owner's Policy (6-17-06)Policy Number: 5112454
EXCLUSIONS FROM COVERAGE go With regard to (A),(B),(C),and (D)reserving,however,all rights
The following matters are expressly excluded from the coverage of this policy, and and defenses as to any successor that the Company would have had
the Company wH1 not pay loss or damage, costs, attorneys' fees, or expenses that against any predecessor Insured.
arise by reason of:(e)'Insured Claimant': An Insured claiming loss or damage.
1.(a)Any law, ordinance, permlt, or governmental regulation (including those (f)"Knowledge'or 'Known':Actual knowledge,not constructive knowledge
relating to butkilng and zoning)restricting,regulating,prohibiting,or or notice that may be imputed to an Instred by reason of the Public
relating to Records or any other records that Impart constructive notice of matters
(I)the occupancy, use, or enjoyment of the Land;affecting the The.
(11)the character, dlmersbres, or location of any improvement erected on (g)"Land": The land described in Schedule A, and affixed improvements that
the Land;by law constitute real property.The term 'Land" does not include any
(11)the subdivision of land; or property beyond the lines of the area deserted In Schedule A,nor any
(Iv)environmental protection;right,title,interest,estate,or easement In abutting streets,roads,
or the effect of any violation of these laws,ordinances,or governmental avenues,aleys,lanes,ways, or waterways, but this does not modify or
regulations. This Exclusion 1(a) does not modify or limit the coverage provided limit the extent that a right of access to and from the Land Is insured by
under Covered Risk 5.this policy.
(b)Any governmental ponce power.This Exclusion 1(b) does not modify or (h)'Mortgage:Mortgage,deed of trust,trust deed,or other security
limit the coverage provided under Covered. Risk 6.Instrument,including one evidenced by electronic means authorized by
2.Rights of eminent domain.This Exclusion does not modify or Imo the law.
coverage provided under Covered Risk 7 or 8.(I)'Public Records':Records established under state statutes at Date of
3.Defects, liens, enarnbrances, adverse claims, or other matters Policy for the purpose of imparting constructive notice of matters relating
(a)created, suffered, assumed, or agreed to by the Insured Claimant to real property to purchasers for value and without Knowledge.With
(b)not Known to the Company, not recorded in the Public Records at Date of respect to Covered Risk 5(d),'Public Records'shall also include
Policy,but Known to the Insured Claimant and not disclosed In writing to environmental protection Hens flied In the records of the clerk of the
the Company by the Insured Claimant prior to the date the Insured United States District Court for the district where the Land is located.
Claimant became an Insured under this policy;(j)'Title": The estate or interest described in Schedule A.
(c)resulting in no loss or damage to the Insured Claimant (k)"Unmarketable Title": The affected by an alleged or apparent matter that
(d)attaching or created subsequent to Date of Poky (however, this does not would permit a prospective purchases or lessee of the Title or lender on
modify or limit the coverage provided under Covered Risks 9 and 10); or the Title to be released from the obligation to purchase, lease, or lend if
(e)resulting In loss or damage that would not have been sustained If the there is a contractual condition requiring the delivery of marketable
Insured Claimant had paid value for the Tttle.
4.Any claim, by reason of the operation of federal barkuptcy, state insolvency,2.CONTINUATION OF INSURANCE
or similar creditors' rights laws, that the transaction vesting the Title as shown The coverage of this policy shal continue in form as of Date of Policy In favor
in Schedule A,Is of an Insured, but only so long as the Insured retains an estate or Interest In the
(a)a fraudulent conveyance or fraudulent transfer; or Land,or holds en obligation secured by a purchase money Mortgage given by a
(b)a preferential transfer for any reason not stated in Covered Risk 9 of this purchaser from the Insured, or only so long as the Insured shall have liability by
policy.reason of warranties in any transfer or conveyance of the The. This policy shall not
5.Any Hen on the The for real estate taxes or assessments imposed by continue in force In favor of any purchaser from the Insured of either (1)an estate
governmental authority and created or attaching between Date of Policy and or Interest in the Land, or (ii) an obligation seared by a purchase money Mortgage
the date of recording of the deed or other Instrument of transfer In the Public given to the Insured.
Records that vests Title as shown in Schedule A.
3.NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
CONDITIONS The Insured shall notify the Company promptly In witting (1)In case of any
1.DEFINITION OF TERMS litigation as set forth in Section 5(a)of these Conditions,(11)In case Knowledge
The following terms when used In this policy mean:shall come to an Insured hereunder of any claim of title or Interest that is adverse
(a)'Amount of Insurance":The amount stated In Schedule A,as may be to the The,as Maned,and that might cause loss or damage for which the
increased or decreased by endorsement to this policy,increased by Company may be liable by virtue of this policy, or (ii) if the Title,as insured,is
Section 8(b), or decreased by Sections 10 and 11 of these Conditions.rejected as Unmarketable Title.If the Company Is prejudiced by the failure of the
(b)'Date of Policy': The date designated as 'Date of Poky"In Schedule A.Insured Claimant to provide prompt notice, the Company's liability to the Insured
(c)'Entity":A corporation,partnership,trust,limited !Lability company,or Claimant under the policy shall be reduced to the extent of the prejudice.
other similar legal entity.
(d)'Insured':The Ins red named in Schedule A.4.PROOF OF LOSS
(I)The term 'Insured'also includes In the event the Company is unable to determine the amount of loss or
(A)successors to the Tide of the Insured by operation of law as damage, the Company may,at its option,require as a condition of payment that
distinguished from purchase, Including heirs, devisees, survivors,the Insured Claimant furnish a signed proof of loss. The proof of loss must describe
personal representatives, or next of kin;the defect,lien,encumbrance,or other matter Insured against by this policy that
•(B)successors to an Insured by dissolution,merger,consolidation,constitutes the basis of loss or damage and shall state, to the extent possible, the
cHstributton, or reorganization;basis ofcalculating the amount of the loss or damage.
(C)successors to an Insured by its conversion to another kind of
Entity;S.DEFENSE AND PROSECUTION OF ACTIONS
(13)a grantee of an Insured under a deed delivered without (a)Upon written request by the Insured, and subject to the options contained
payment of actual valuable consideration mnveylng the Title in Section 7 of these Conditions, the Company, at Its own cost and without
(1)if the stock, shares, memberships, or other equity interests unreasonable delay,shall provide for the defense of an Insured In
of the grantee are whoffy-owned by the named Insured,litigation In which any third party asserts a claim covered by this policy
(2)If the grantee wholly owns the named Insured,adverse to the Insured.This obligation is limited to only those stated
(3)if the grantee is wholly-owned by an affiliated Entity of the causes of action alleging matters insured against by this policy.The
named Insured,provided the affiliated Entity and the Company shall have the right to select counsel of Its choice (subject to the
named Insured are both wholly-owned by the same person right of the Insured to object for reasonable cause)to represent the
or Entity, or Insured as to those stated causes of action.It shall not be liable for and
(4)h'the grantee is a trustee or beneficiary of a trust created will not pay the fees of any other counsel. The Company will not pay any
by a written Instrument established by the Insured named fees, costs, or expenses incurred by the Insured In the defense of those
In Schedule A for estate planning purposes.causes ofaction that allege matters not insured against by this poky.
(b)The Company shall have the right, in addition to the options contained in
First American The Insurance Company
Form No. 1402.06 Policy Page 3
ALTA Owner's Policy (6-17-06)Policy Number: 5112454
Section 7 of these Conditions, at its own cost, to Institute and prosecute attorneys' fees, and expenses Incurred by the Insured Claimant that were
any action or proceeding or to do any other ad that in Its opinion may be authorized by the Company up to the time of payment and that the
necessary or desirable to establish the Title,as Insured, or to prevent or Company is obligated to pay.
reduce loss or damage to the Insured.The Company may take any Upon the exercise by the Company of either of the options provided for In
appropriate adion under the terms of this policy, whether or not It shall subsections (b)(I) or (ff), the Company's obligations to the Insured under this
be liable to the Insured.The exercise of these rights shall not be an policy for the dalmed loss or damage, other than the payments required to be
admission of liability or waiver of any provision of this policy.If the made, shat terminate, including any liability or obligation to defend, prosecute,
Company exerdses Its rights under this subsection,it must do so or continue any litigation.
dingendY.
(c)Whenever the Company brings an action or asserts a defense as required 8.DETERMINATION AND EXTENT OF LIABILITY
or permitted by this policy, the Company may pursue the litigation to a This policy is a contract of Indemnity against actual monetary loss or damage
final determination by a court of competent jurisdiction, and it expressly sustained or Incurred by the Insured Claimant who has suffered loss or damage by
reserves the right, in its sole discretion, to appeal any adverse judgment reason of matters insured against by this policy.
or order.(a)The extent of liability of the Company for loss or damage under this policy
shall not exceed the lesser of
6.DUTY Of /NSURED CLAIMANT TO COOPERATE (I)the Amount of Insurance; or
(a)In all cases where this policy permits or requires the Company to 00 the difference between the value of the Title as insured and the value
prosecute or provide for the defense of any action or proceeding and any of the Me subject to the risk insured against by this policy.
appeals,the Insured shall secure to the Company the right to so (b)If the Company pursues Its rights under Section 5 of these Conditions and
prosecute or provide defense in the action or proceeding,including the Is urksuccessful In establishing the Title, as Insured,
right to use,at Its option,the name of the Insured for this purpose.0)the Amount of Insurance shall be increased by 10%, and
Whenever requested by the Company,the Insured,at the Company's (II).the Insured Claimant shall have the right to have the loss or damage
expense,shall give the Company all reasonable aid (1)In searing determined either as of the date the claim was made by the Insured
evidence,obtaining witnesses,prosecuting or defending the action or Claimant or as of the date it is settled and paid.
proceeding, or effecting settlement, and (II)In any other lawful ad that In (c)In addition to the extent of liability under (a) and (b), the Company will
the opinion of the Company may be necessary or desirable to establish also pay those costs, attorneys' fees, and expenses incurred In accordance
the Title or any other matter as Insured.If the Company is prejudiced by with Sections 5 and 7 of these Conditions.
the failure of the Insured to furnish the required cooperation,the
Company's obligations to the Insured wirier the policy shall terminate,9.LIMITATION OF LIABILITY
including any ikibilty or obligation to defend, prosecute, or continue any (a)If the Company establishes the Title, or removes the alleged defect, lien,
litigation,with regard to the matter or matters requiring such or encumbrance,or axes the lack of a right of access to or from the
cooperation.Land,or cures the claim of Unmarketable Title,all as Insured,in a
(b)The Company may reasonably require the Insured Claimant to submit to reasonably diligent manner by any method,Induding litigation and the
esasminatbn under oath by any authorized representative of the Company completion of any appeals,it shall have fully performed its obligations
end to produce for examination,Inspection,and copying,at such with respect to that matter and shall not be liable for any loss or damage
reasonable times and places as may be designated by the authorized caused to the Insured.
representative of the Company,all records,In whatever medium (b)In the event of any litigation, Including litigation by the Company or with
maintained,Including books,ledgers,chedt,memoranda,the Company's consent,the Company shall have no liability for loss or
correspondence,reports,e-mails,disks,tapes,and videos whether damage untl there has been a final determination by a court of
bearing a date before or after Date of Policy,that reasonably pertain to competent jurisdiction, and disposition of all appeals, adverse to the Title,
the loss or damage.Further,if requested by any authorized as Insured.
representative of the Company,the Instred Claimant shall grant Its (c)The Company shall not be liable for loss or damage to the Insured for
permission, In writing, for any authorized representative of the Company IlabtlRy voluntarily assumed by the Insured In settling any claim or suit
to eemmine,inspect,and copy all of these records In the custody or wtthout the prior written consent of the Company.
control of a third party that reasonably pertain to the loss or damage.Al
information designated as confidential by the Insured Claimant provided 10.REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF
to the Company pursuant to this Section shall not be disclosed to others LIABILITY
unless, in the reasonable judgment of the Company, it is necessary In the Afl payments under this policy,except payments made for costs,attorneys'
administration of the claim.Failure of the Insured Claimant to submit for fees,and expenses,shall reduce the Amount of Insurance by the amount of the
examination under oath,produce any reasonably requested information,payment
or grant permission to secure reasonably necessary information from third
parties as required in this subsection,unless prohibited by law or 11.LIABILITY NONCUMULATIVE
governmental regulation,shall terminate any liability of the Company The Amount of Insurance shall be reduced by any amount the Company pays
under this policy as to that claim.under any policy Insuring a Mortgage to which exception is taken in Schedule B or
to which the Insured has agreed, assumed, or taken subject, or which is executed
7.OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION by an Insured after Date of Policy and which is a charge or Den on the Me,and
OF LIABILITY the amount so paid shall be deemed a payment to the Insured under this policy.
In case of a claim under this policy,the Company shall have the following
additional options:12.PAYMENT OP LOSS
(a)To Pay or Tender Payment of the Amount of Insurance.When liability and the extent of loss or damage have been definitely fixed In
To pay or tender payment of the Amount of Insurance under this policy accordance with these Conditions, the payment shall be made within 30 days.
together with any costs,attorneys'fees,and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of 13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
payment or tender of payment and that the Company is obligated to pay.(a)Whenever the Company shall have settled and paid a daim under this
Upon the exercise by the Company of this option,all liability and policy,it shall be subrogated and entitled to the rights of the Insured
obligations of the Company to the Insured under this policy, other than to Claimant in the Title and all other rights and remedies In respect to the
make the payment required In this subsection, shall terminate, Inducing claim that the Insured Claimant has against any person or property, to the
any liability or obligatIon to defend, prosecute, or continue any litigation.extent of the amount of any loss,costs,attorneys'fees,and expenses
(b)To Pay or Otherwise Settle With Parties Other Than the Insured or With paid by the Company.If requested by the Company, the Insured Claimant
the Insured Claimant shall execute documents to evidence the transfer to the Company of these
(1)To pay or otherwise settle with other parties for or in the name of an rights and remedies.The Insured Claimant shall permit the Company to
Insured Claimant any dahn Insured against under this policy.In sue,compromise,or settle In the name of the Insured Claimant and to
addition,the Company will pay any costs,attorneys'fees,and use the name of the Insured Claimant In any transaction or litigation
expenses incurred by the Insured Claimant that were authorized by InvoMng these rights and remedies.
the Company up to the time of payment and that the Company Is If a payment on account of a daim does not fully cover the loss of the
obligated to pay; or Insured Claimant,the Company shall defer the exercise of its right to
(I1)To pay or otherwise settle with the Insured Claimant the loss or recover until after the Insured Claimant shall have recovered its loss.
damage provided for under this policy,together with any costs,
Rrst American The Insurance Company
.Form No. 1402.06 Poky Page 4
ALTA Owner's Policy (6-17-06)Policy Number: 5112454
(b)The Company's right of subrogation Includes the rights of the Insured to (d)Each endorsement to this policy Issued at any time is made a part of this
Indemnities,guaranties,other polkies of Insurance,or bonds,policy and Is subject to all of its terms and provisions.Except as the
notwithstanding any terms or conditions contained In those instruments endorsement expressly states, it does not (I) modify any of the terms and
that address subrogation rights.provisions of the policy, (II) modify any prior endorsement, (III) extend the
Date of Policy, or (N) increase the Amount of Insun3nce.
14 ARBITRATION
Ether the Company or the Insured may demand that the Cairn or controversy 16.SEVERABILITY
shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of In the event any provision of this policy,In whole or In part,is held Invalid or
the American Land The Association (`Rules').Except as provided In the Rules,unenforceable under applicable law, the policy shall be deemed not to include that
there shall be no joinder or consolidation with claims or controversies of other provision or such part held to be Invalid, but all other provisions shall remain in full
persons. Arbitrable matters may include, but are not limited to, any controversy or force and effect.
claim between the Company and the Insured arising out of or relating to this
poky,any service in connection with Its Issuance or the breach of a policy 17.CHOICE OF LAW; FORUM
provision, or to any other controversy or claim arising out of the transaction giving (a)Choice of Law: The Insured acknowledges the Company has underwritten
rise to this policy.All arbitrable nutters when the Amount of Insurance Is the risks covered by this policy and determined the premium charged
$2,000,000 or less shall be arbitrated at the option of either the Company or the therefore in reliance upon the law affecting interests In real property and
Insured.All arbitrable matters when the Amount of Insurance is In excess of applicable to the interpretation,rights,remedies,or enforcement of
$2,000,000 shall be arbitrated only when agreed to by both the Company and the policies of title Insurance of the jurisdiction where the Land is iocated.
Insured.Arbitration pursuant to this policy and under the Rules shall be binding Therefore, the court or an arbitrator shall apply the law of the jurisdiction
upon the parties. Judgment upon the award rendered by the Arbttrator(s) may be where the Land is located to determine the validity of claims against the
entered In any court of competent jurisdiction.Title that are adverse to the Insured and to key'eL and enforce the
terms of this policy. In neither case shall the court or arbitrator apply Its .
15.•LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT conflicts of law principles to determine the applicable law.
(a)This policy together with all endorsements,if any, attached to It by the (b)Choice of Fonrn:Any litigation or other proceeding brought by the
Company Is the entire policy and contract between the Insured and the Inured against the Company must be Ned only In a state or federal court
Company.In Interpreting any provision of this policy, this policy shall be within the United States of America or its territories having appropriate
construed as a whole.jurisdiction.
(b)Any claim of loss or damage that arises out of the status of the The or by
any action asserting such claim shall be restricted to this policy.18.NOTICES, WHERE SENT
(c)Any amendment of or endorsement to this policy must be in writing and Any notice of claim and any other notice or statement in writing required to be
authenticated by an authorized person,or expressiy incorporated by given to the Company under this policy must be given to the Company at 1 First
Schedule A of this policy.American Way, Santa Ana, CA 92707, Attn: Claims Department
POLICY OF TITLE INSURANCE
•
A M g
-1?
-;.-
•---Se 1;,
First American Title Insurance Company
Form No. 1402.06 Polity Page 5
ALTA Comers Poky (6-17-06)Policy Number: 5112454
SCHEDULE A
First AmerIcan Tide Insurance Company
Name and Address of True Insurance Company:
First American Title Insurance Company
1 First American Way
Santa Ana, CA 92707
File No.:U-5112454 Policy No.:5112454
Address Reference: Vacant Land, Carlsbad, CA
Amount of Insurance:$8,873,172.00 Premium: $6,208.00
Date of Policy:October 28, 2016 at 8:00 a.m.
•
1.Name of Insured:
RAF Group Lot 24, LLC, a California limited liability company
2.The estate or interest In the Land that Is Insured by this policy is:
A Fee.
3.Title Is vested In:
RAF Group Lot 24, LLC, a California limited liability company
4.The Land referred to in this policy is described as follows:
Real property In the City of Carlsbad, County of San Diego, State of California, described as
follows:
LOT 24 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS NORTH PHASE 3, IN THE CITY
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO.16145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
OCTOBER 13, 2016.
APN:Portion of 209-120-18-00
Rrst American The Insurance Company
•Form No. 1402.06 Policy Page 6
ALTA Owner's Policy (6-17-06)Policy Number 5112454
SCHEDULE B
Rle No.: L3-5112454 Policy No.:5112454
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.General and spedal taxes for the fiscal year 2016-2017, are unsegregated at this lime.
2.Intentionally Deleted
2a.Intentionally Deleted
3.Intentionally Deleted
4.Assessment liens, If applicable, collected with the general and special taxes, including but not
limited to those disdosed by the reflection of the following on the tax roll:
Community Facilities District Carlsbad CFD #3 IMP 2.
5.The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No.1, as disclosed by Notice of
Spedal Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Offldal Records.
Document(s) declaring modifications thereof recorded June 29, 2004 as Instrument No. 2004-
0606773 of Offldal Records.
6.The lien of supplemental taxes, If any, assessed pursuant to Chapter 3.5 commendng with
Section 75 of the California Revenue and Taxation Code.
7.The terms and provisions contained in the document entitled "Payment of a Public Fadlities Fee"
recorded December 3, 1981 as Instrument No. 81-380028 of Official Records.
8.The terms and provisions contained in the document entitled "Payment of a Public Fadlilies Fee"
recorded December 11, 1985 as Instrument No. 85-466658 of Offldal Records.
9.Intentionally Deleted
10.The terms and provisions contained In the document entitled "Notice of Restriction on Real
Property" recorded November 9, 2004 as Instrument No. 2004-1066056 of Official Records.
11.The terms and provisions contained in the document entitled "Notice and Waiver Concerning
Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation
Corridors Case No: CT 97-13" recorded November 9, 2004 as Instrument No. 2004-1066058 of
Official Records.
12.The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded December 15, 2004 as Instrument No.2004-1180067 of Official Records.
First American Title Insurance Company
•Form No. 1402.06 Policy Page 7
ALTA Owner's Policy (6-17-06)Policy Number: 5112454
13.The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded December 15, 2004 as Instrument No. 2004-1180068 of Offidal
Records.
14.The terms and provisions contained in the document entitled "Agreement Between
Developer/Owner and the City of Carlsbad for the Payment of a Local Drainage Area Fee"
recorded December 21, 2004 as Instrument No. 2004-1201221 of Official Records.
15.Abutter's rights of ingress and egress to or from Whiptall Loop and Gazelle Court, have been
dedicated or relinquished on the filed Map.
16.The following matters shown or disclosed by the filed or recorded map referred to in the legal
description: Various notes and recitals
17.Water rights, claims or title to water, whether or not shown by the public records.
18.Intentionally Deleted
19.Covenants, conditions, restrictions and easements in the document recorded February 05, 2007
as Instrument No. 2007-0081082 of Official Records, which provide that a violation thereof shall
not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and
for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, sexual orientation, familial status, disability.
handicap, national origin, genetic information, gender, gender identity, gender expression, source
of income (as defined in California Government Code §12955(p)) or ancestry, to the extent such
covenants, conditions or restrictions violation 42 U.S.C.§3604(c) or California Government Code
§12955.Lawful restrictions under state and federal law on the age of occupants in senior
housing or housing for older persons shall not be construed as restrictions based on familial
status.
A declaration of annexation recorded October 25, 2016 as Instrument No. 2016-0576403 of
Official Records, but deleting any covenant, condition, or restriction indicating a preference,
limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status,
disability, handicap, national origin, genetic information, gender, gender identity, gender
expression, source of income (as defined in California Government Code §12955(p)) or ancestry,
to the extent such covenants, conditions or restrictions violation 42 U.S.C.§3604(c) or California
Government Code §12955.Lawful restrictions under state and federal law on the age of
occupants in senior housing or housing for older persons shall not be construed as restrictions
based on familial status.
20.The following matters disclosed by an ALTA/NSPS survey made by Excel Engineering on October
26, 2016, designated Job No. 16-034:
a. The fact that a concrete mow strip situated in the southeast corner of said land extends onto
said land a maximum of 1.35 feet.
21.A deed of trust to secure an indebtedness In the original principal amount of
$4,880,000.00 recorded October 28, 2016 as Document No. 2016-0583927 of Offidal Records.
Dated:October 28, 2016
Trustor:RAF Group Lot 24, LLC,a California limited liability company
Trustee:First American Title Insurance Co.
Benefidary:City National Bank,a national banking association
First American Title Insurance Company
•Form No. 1402.06 Policy Page 8
ALTA Owner's Policy (6-17-06)Policy Number: 5112454
Ars*,
%O.Rrst .Arnerican Title
ZONING ENDORSEMENT
Issued by
FirstAmerkan Tide Insurance Company
Attached to Policy-No.: 5112454
File No.:L3-5112454 .
•
1.The Company insures against loss or damage sustained by the Insured in the event that, at Date
of Policy,
a.According to applicable zoning ordinances and amendments, the Land is not classified
Zone (P-M) Planned Industrial Zone;
b.The following use or uses are not allowed under that classification: Industrial
2.There shall be no liability under this endorsement based on
•
a.Lack of compliance with any conditions, restrictions; or requirements contained In the
•.zoning ordinances and amendments, including but not limited to the failure to secure
necessary consents or authorizations as a prerequisite to the use or uses.This •
paragraph 2.a. does not modify or limit the coverage provided in Covered Risk 5.
-b.The invalidity of the zoning ordinances and amendments until after a final decree of a
court of competent jurisdiction adjudicatingthe invalidity, the effect of which Ls -to
prohibit the use or uses.
c.The refusal of any person to purchase, lease or lend money on the .The covered by this
policy.
This endorsement,is Issued as part of the policy. Except as it expressly states, ft does not (I) modify any
of the terms arid provisions of the policy,(11)modify any prior endorsements,(111)extend the Date of
Policy, or (Iv) increase the' Amount of Insurance. To the extent a provision of the policy or a previous
endorsement is' inconsistent with an express provision of this endorseMent, this endorsement controls.
Otherwise, this endorsement Is subject to all of the terms and provisions of the policy and of any prior
endorsements.
Rrstiomesican Ties Inanance Company
..
Oen*Eidipae
Presided
Mtefl lf2t.r4roititdG'A/•
Relinson.
Secieto
•
Form 50-10003 (7-1-14)Page 8 of 19:•ALTA 3-06 Zoning (6-17-06)••
CLTA 123.1-06 (3-9-07)
•
'gist 'American Title Insurance Company :•
•Form No. 1402.06 Potty Page 9
ALTA Owner's Policy (6-17-06)Policy Number: 5112454
ENDORSEMENT
Attached to Policy No. 5112454
Issued by
Mist Amerkan Title Insurance Company
The Company Insures against loss or damage sustained by the Insured by reason of an environmental
protection lien that, at Date of Policy, is recorded In the Public Records or filed in the records of the clerk
of the United States district court for the district In which the Land is located, unless the environmental
protection lien is set forth as an exception in Schedule B.
This endorsement is issued as part of the policy. Except as it expressly states, It does not (I) modify any
of the terms and provisions of the policy, (ii) modify any prior endorsements, (III) extend the Date of
Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous
endorsement is Inconsistent with an express provision of this endorsement, this endorsement controls.
Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior
endorsements.
American Land Title Association
Endorsement 8.2-06 (C.ornmerdal Environmental Protection Lien)
Adopted 10/16/08
Rrst American Me Insurance Company
•Form No. 1402.06 Policy Page •10
ALTA Owner's Policy (6-17-06)Policy Number: 5112454
yt AK. ar,v
.'401,tts'First American Tide
COVENANTS, CONDITIONS AND RESTRICTIONS -UNIMPROVED LAND -
OWNER'S POLICY ENDORSEMENT
Issued by
Fist American Tide Insurance Company
Attached to Policy No.: 5112454
File No.:U-5112454
1.The insurance provided by thls endorsement Is subject to the exclusions in Section 4 of this
endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained In
Schedule B, and the Conditions in the policy.
2.For the purposes of this endorsement only, "C.ovenant" means a covenant, condition, limitation or
restriction in a document or Instrument In effect at Date of Policy.
3.The Company insures against loss or damage sustained by the Insured by reason of:
a.A violation on the Land at Date of Policy of an enforceable Covenant, unless an
exception In Schedule B of the policy identifies •the violation; or
b.A notice of a violation, recorded in the Public Records at Date of Policy, of an enforceable
Covenant relating to environmental protection describing any part of the Land and
referring to that Covenant, but only to the extent of the violation of the Covenant
referred to in that notice, unless an exception In Schedule B of the policy Identifies the
notice of the violation.
4.This endorsement does not Insure against loss or damage (and the Company will not pay costs,
attorneys' fees, or expenses) resulting from:
a.any Covenant contained In an instrument creating a leas;
b.any Covenant relating to obligations of any type to perform maintenance, repair, or
remediation on the Land; or
c.except as provided In Section 3.b, any Covenant relating to environmental protection of
any kind or nature,including hazardous or toxic matters, conditions, or substances.
This endorsement is issued as part of.the policy.Except as it expressly states,it does not (I) modify any
of the terms and provisions of the policy, (ii) modify any prior endorsements,(III)•extend the Date of
Policy, or (iv) Increase the Amount of Insurance.To the extent a provision of the policy or a previous
endorsement Is Inconsistent with an express provision of this endorsement, this endorsement controls.
Otherwise, this endorsement Is subject to all of the terms and provisions of the policy and of any prior
endorsements.
First American Tillie Insurance Compairzy
i.-
"AltA1/17(44,
Den*Mum
Resident
.411 0.114-4741d-.0'.Z0/
Jelfroy Rahman
SGOefttlY
First American Ma Insurance Company
Form No. 1402.06 Policy Page 11
ALTA Owner's Policy (6-17-06)Policy Number: 5112454
BY:
Authorized Countersignature
Form 50-10800 (7-1-14)Page 11 of 19 ALTA 9.1-06 Covenant, Conditions and Restrictions, Unimproved Land -Owner's Policy (Rev. 4-2-12)
First Americzn Title Insurance Company
•Form No. 1402.06 Policy Page 12
ALTA Owner's Polley (6-17-06)Policy Number: 5112454
primk,
:4,01v First American Title
PRIVATE RIGHTS -OWNER'S POLICY
Issued by
First American Title Insurance Company
Attached to Policy No.: 5112454
1.The Insurance provided by this endorsement is subject to the exclusions in Section 4 of this
endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B,
and the Conditions In the policy.
2.For the purposes of this endorsement only:
a."Covenant" means a covenant, condition, limitation or restriction in a document or instrument
recorded in the Public Records at Date of Policy.
b."Private Right" means (I) an option to purchase; (Ii)a right of first refusal; or (Iii)a right of prior
approval of a future purchaser or occupant.
3.The Company Insures against loss or damage sustained by the Insured under this Owner's Policy If
enforcement of a Private Right in a Covenant affecting the Title at Date of Policy based on a transfer of
Title on or before Date of Policy causes a loss of the Insured's Title.
4.This endorsement does not insure against loss or damage (and the Company will not pay costs,
attorneys' fees, or expenses) resulting from:
a.any Covenant contained in an instrument creating a lease;
b.any Covenant relating to obligations of any type to perform maintenance, repair, or remediation
on the Land;
c.any Covenant relating to environmental protection of any kind or nature, induding hazardous or
toxic matters, conditions, or substances; or
d.any Private Right in an Instrument identified in Exception(s) None in Schedule B.
This endorsement Is issued as part of the policy. Except as it expressly states, it does not (I) modify any of the
terms and provisions of the policy, (ii) modify any prior endorsements,(HI)extend the Date of Policy, or (tv)
increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is
inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this
endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements.
IN WITNESS WHEREOF, the Company has caused this endorsement to be Issued and become valid when
signed by an authorized officer or licensed agent of the Company.
First American 770e liPSUSTWO2 COMpalny
i"-
.001tA:g7051Dennis
Preskaert
M47 Atinitif-g911/
JeOrey Rotitrom
Senator/
Form 50-10892 (7-1-14)Page 12 of 19 ALTA 9.9-06 Private Rights -Owner's Policy (Rev. 4-2-13).
First American The Insurance Company
•Form No. 1402.06 Policy Page 13
ALTA Owner's Policy (6-17-06)Policy Number: 5112454
ENDORSEMENT
Attached to Policy No: 5112454
Issued by
First American Title Insurance Company
The Company Insures against loss or damage sustained by the Insured if, at Date of Policy (I) the Land
does not abut and have both actual vehicular and pedestrian access to and from Whiptall Loop W and
Gazelle Court (the "Street(s)"),Op the Street(s) is/are not physically open and publicly maintained, or
(Ili) the Insured has no right to use existing curb cuts or entries along that/those portion(s) of the
Street(s) abutting the Land.
•
This endorsement is Issued as part of the policy. Except as it expressly states, it does not (I) modify any
of the terms and provisions of the policy, (II) modify any prior endorsements, (III) extend the Date of
Policy, or (Iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous
endorsement is inconsistent with an express provision of this endorsement, this endorsement controls.
Otherwise, this endorsement Ls subject to all of the terms and provisions of the policy and of any prior
endorsements.
American Land Title Association
Endorsement 17-06 (Access and Entry)
Adopted 6/17/06
First American Title Insurance Company
Form No. 1402.06 Policy Page 14
ALTA Owner's Policy (6-17-06)'Policy Number: 5112454
.%Arts",0-*
Fu.st American Title
UTILITY ACCESS ENDORSEMENT
Issued by
•First Amerkan Title Insutance Company
Attached to Policy No.: 5112454
Rie No.:U-5112454
The Company insures against loss or damage sustained by the Insured by reason of the lack of a right of
access to the following utilities or services:
x Water service x Natural gas service x Telephone service
x Electrical power service x Sanitary sewer x Storm water drainage
either over, under or upon rights-of-way or easements for the benefit of the Land because of:
(1)a gap or gore between the boundaries of the Land and the rights-of-way or easements;
(2)a gap between the boundaries of the rights-of-way or easements; or
(3)a termination by a grantor, or its successor, of the rights-of-way or easements.
This endorsement is Issued as part of the policy.Except as it expressly states, it does not (I) modify any
of the terms and provisions of the policy, (II) modify any prior endorsements, (iii) extend the Date of
Policy, or (iv) Increase the Amount of Insurance.To the extent a provision of the policy or a previous
endorsement is inconsistent with an express provision of this endorsement, this endorsement controls.
Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior
endorsements.
First Anrerican Ti do Insurance Company
,D-
14...1/11/14
Dane*i Ga4wrePty
P#411 kjP,libiliti19'11/
iersey FliabiresonSetiefaiy
Form 50-10047 (7-1-14)Page 14 of 19 ALTA 17.2-06 May Access (10-16-06)
•
First American Title Insurance Company
•Form No. 1402.06 Policy Page •15
ALTA Owner's Policy (6-17-06)Policy Number: 5112454
lieltellS4+
FriaAmerican Tide
SAME AS SURVEY ENDORSEMENT
Issued by
First Amentan Title Insulance Company
Attached to Policy No.: 5112454
File No.:LJ-5112454
•
The Company insures against loss or damage sustained by the Insured by reason of the failure of the
Land as described in Schedule A to be the same as that identified on the survey made by Excel
Engineering dated October 26, 2016, and designated Job No.16-034.
This endorsement is issued as part of the policy. Except as ft expressly states, it does not (i) modify any
of the terms and provisions of the policy, (ii) modify any prior endorsements, (Ili) extend the Date of
Policy, or (Iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous
endorsement is inconsistent with an express provision of this endorsement, this endorsement controls.
Otherwise, this endorsement is subject•to all of the terms and provisions of the policy and of any prior
endorsements.
First American Ties Insurance Company
Dm*4r.Gilmore
President
P#47 14.41.1-zeutio-ov
Jeffrey S.kikkeion
Servetery
By:
Authorized Countersignature
Form 50-10059 (7-1-14)Page 15 of 19 ALTA 25-06 Same as Survey (10-16-08)
CLTA 116.1-06 (10-16-08)
•
First American Title Insurance Company
•Form No. 1402.06 Policy Page 16
ALTA Owner's Policy (6-17-06)Policy Number 5112454
11 -1*,s 4
c4s
•111101Aeli;•'‘
First American Title
SUBDIVISION ENDORSEMENT
Issued by
•
First American Title Inswance Company
Attached to Policy No.: 5112454
•File No.:U-5112454 ••
The Company insures against loss or damage sustained by the Insured by reason of the failure of the
Land to constitute a lawfully created parcel according to the subdivision statutes and local subdivision
ordinances applicable to the Land.
This endorsement is issued as part of the policy.Except as it expressly states,it does not (i) modify any
of the terms and provisions of the policy, (ii) modify any prior endorsements, (Ill) extend the Date of
Policy, or (iv) increase the Amount of Insurance.To the extent a provision of the policy or a previous
endorsement is inconsistent with an express provision of this endorsement, this endorsement controls.
Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior
endorsements.
ring MIMIC =Ma Insurance Company
Donit Gimore
1/941
,leeryS.sari
Seciatary
Form 50-10061 (7-1-14)Page 16 of 19 ALTA 26-06 Subdivision (10-16-08)
•
First American The Insurance Company
Form No. 1402.06 Poky Page 17'ALTA Owner's Policy (6-17-06)Policy Number: 5112454
ENDORSEMENT
Attached to Policy No. 5112454
Issued By
Mist American Tide Insurance Company
The Company Insures against loss or damage sustained by the Insured by reason of damage to existing
Improvements, Induding lawns, shrubbery or trees, resulting from the exerdse or attempted of any right
to use the surface of the Land for the extraction or development of water excepted from the description
of the Land or shown as a reservation in Schedule B.
•This endorsement is issued as part of the policy.Except as it expressly states, ft does not (i) modify any •
of the terms and provisions of the policy, (II) modify any prior endorsements, (iii) extend the Date of
Policy, or (Iv) Increase the Amount of Insurance.To the extent a provision of the policy or a previous
endorsement is Inconsistent with an express provision of this endorsement, this endorsement controls.
Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior
endorsements.
•CLTA Form 103.5-06 (03-09-07)
ALTA -Owner or Lender
First American Title Insurance Company
•Form No. 1402.06 Poky Page 18
ALTA Owners Poky (6-17-06)Poky Number: 5112454
•
40*
first American Title
DELETION OF ITEM FROM
POLICY ENDORSEMENT
Issued by
First American Tide Insurance Company
Attached to Policy No.:' 5112454
File No.:U-5112454
The policy Is amended by deleting paragraph 14 of the Conditions.
This endorsement Is Issued as part of the policy. Except as It expressly states, It does not (i) modify any
of the terms and provisions of the policy, (II) modify any prior endorsements, (III) extend the Date of
Policy, or (Iv) Increase the Amount of Insurance. To the extent a provision of the policy or a previous
endorsement Is inconsistent with an express provision of this endorsement, this endorsement controls.
Otherwise, this endorsement Is subjectto all of the terms and provisions of the policy and of any prior
endorsements.
Faraf American Title insurance Company
Demob 4. Gem=
Pwildent
X1411 A-441112911/
Jaw)!S. RubinsonSwaim
Form 50-10132 (7-1-14)Page 18 of 19 CLTA 110.1-06 Deletion of Item From Poky (3-9-07)
Rrst American Me In raneeCompany
RinnNo 1402 06 Policy Page 19
ALTA Owner's Policy (6-17-06) Policy Number 5112454
Hr^Amerkan Title
PnvjcylafuiuiiUon
Wa Ara Conmittad to Safaguwdkig Owtnmw Information
In order to better serve your needs now and n the future we may ask you to provide us with certain kilUimaUon We understand that you may be concerned about what we wll do with such
Information - pwdaiarty any personal or fkiaiKial KbiiiiaUon We agree that you have a nght to know how we wiB utSIze the pesonal Infbrmatlon you provide to us Therelbre, together with our
subshJIenes we have adapted this Privacy Polcy to govern the use and handling of your personal IntbrmaUon
Appltcability
This Privacy Policy governs our use of the Information that you provide to us It does not govern the manrter In which we may ise Information we have obtained from any other source such as
kiformatton obtained from a public record or Ihrm another person or entity Hist AmerKan has also adopted broader guldeliias that govern our use of personal Infarmatlon regai ifais of Its source
Fkst American calls these gUdelkies Its Fek Information values
Types of Information
Dependng upon which of our services you are utiltzng, ttie types of nonpubOc personal Infarmatlon ttiat we may collect kidude
• Information we recenn horn you on applications, forms and In ottiQ'communications to u^ wtiether In wnllng. In person, by telephone or any other means,
• InftarmaUon about your transactions with us, our aftflated companies, or others, and
• Infarmabon we receive thorn a consumer reporting agency
Use o< Information
We request InformaHon ftom you for our own legllkTBte businesj purposes and not tor the bereft of arty nonaftlteted party IherefotA we wCI not relosa your Infbmiatlon to nonafiaiated parties
except (1) as necessary for us to provide the product or service you have requested of us, or (2) as permitted by tow We may, howevo', store such Information Indeflntely, mctudng the period
after wtitch any customer relatlonstilp has ceased Such tnformatlon mw be used tor any krtemal puqxise, such as qrallty corrtrol efforts or customer analysis We may also provide al of die types of
nonputrhc personal kftiiinatlon listed above to one or more of our aflstoted companies Such afHtoted companies Include ftnanaal service providers, such as title Insurers, property and casuaky
usurer^ and trust and investment advisory companies, or companies Involved In real estate services, such as appraisal companies, home warranty companies and escrow companies Furthermore
we may also provtda aQ ttia Infarmatlon we collect, as described above, to companies that perform marioeting services on our behalf, on behalf of our afttlated companies or to ottier ftiandal
kHbtubons with whom we or otr aftllated companies have Joint marketing agreements
Former Customers
Even f you are no longer our customer, our Prrvacy Poky wll continue to apply to you
ConftdanUaUy and Security
We Wll use our best eflbrts to ensue that no unauttiortzad parties have access to any of your Information We restrict access to nonpubkc personal bifbrmatton atxiut you to those kuMduals andentitles who need to know that nformaUon to provida products or services to you We will use our best effbrts to train and oversee ou empkiyees and agents to ensure that your Information wiO be
handtod responsibly and ki accordance wth this Privacy Poky and Hrst Amervanto Fair Information Values We curently maintain physical, eledTonlc, and procedural safegtards that comply with
federal regriatlons to guard your nonpubllc personal krformatxxi
Information Obtaltted Throiigh Our Wab Site
Hist American Fkianclal Corporation Is sensitive to privacy Issues on the Irtemet We believe it Is knportant you kixiw how we treat the Information about you we receive on the Inbemet
In general, you can visi Fkst American or Its affllates' Web sites on the World Wide Web vnthout tefflng us who you are or revealng any Infbmatlon about yourself Ou Web servers collect tha
domain names, not the e-mail adftesses, of visltots This Infbrniatlon Is aggregated to measue ttie number of vblt^ average ttiie spent on tha stt^ pages viewed and stirlar hformadon Hrst
American uses ttib Information to measure die use of ou site and to develop Ideas to Improve the content of our site
There are hmes, however, when we may need iifuuiiatluii ftom you, such as you name and emaD address Wtien Infbrmatlon Is needed, we wiH use our best efforts to let you know at the tame of
collection how we wfl use the personal kiformatlon Usially, the personal kifdrmatlon we collect Is used only by us to respond to you Inquhy, process an order or allow you to access spedflc
acmunt/profk Wbrmabon If you choose to share any personal InformaUon with us, we wffl only use It In accordance with die pollaes oudned abm
Busbiea Relafaonihipa
First American Finanoal Corporation^ site and ks afflliBtes' sites may contaki bnks to ottier Web sites While we tiy to Ink only to sites that share our Ngh standards and respect for privacy, we are
not responstile for die content or the pnvecy practices employed by odier sites
CooUea
Some of Hrst American's Web sitBS may make use of "cookie'technology to measue stte actnifty and to customize Infoimalion to your personal tastes A cookie Is an element of data that a Web srte
can send to you browser, which may dien store the cookie on your hard drive
HistAmcom uses stored cookies The goal of dils technology Is to better serve you when vtstkig ou ste, save you time when you are here and to provide you with a more meaningful and
producdvB Web site experience
Fair lufu luataon Values
FaaiMn We consider consumer expectations about their pnvacy In bD ou busnesses We only offer products and servx£s that assure a favorable balance between consumer benefts and consunu
prrvacy
Public Record We beBeve that an open pubk record creates stgnlttant value for society, enhances consumer choice and crates consumer opportunky We actively support an open public record
and emphasize its Importance and contribution to ou economy
Use We beleve we should befiBve responsibly wlien we use Information about a consumer ki ou busmess We wll obey die laws governing tha coHecdon, use and dssemtnatlon of data
Accuracy We will take reasonable st^ to help assue the accuracy of the data we colect, use and dtssemlnabe Where possfiile, we wlH take reasonable steps to correct kinmirate informationWhen, as with die public record, we cannot correct tnaccurate InforrriatDn, we wif take aQ leasonabte steps to assist consuners In identtfyiig the source of ttie erroneous data so that the consumer
can secure the required correcbons
EducBtian We endeavor to educate die users of ou products and services, ou empkiyees and odiers ki ou Industry about the Importance of consumer pnvacy We will Instruct ou empkiyees on
ou fWr Inlbimation values and on die responatila collection and use of data We wll encourage ottiers In ou Indistiy to collect and use kiformatlon ki a responstila manner
Security We wll maintain apptupitale Itodldes and systems to protect against unauthorized access to and corruption of die data we maintain
Ftinn SO-PRIVACY (9/1/10) Page 1 of 1 Pnvacy Informabon (2001-2010 F^kst Amencan FInanaal CDrporatiDn)
Rrst Amencan TWe Insurance Company