HomeMy WebLinkAboutSDP 2017-0010; DESALINATION FLOW CONTROL FACILITY 5; Site Development Plan (SDP)C ay of LAND USE REVIEW Development Services
Planning Division
Carlsbad •
APPLICATION 1635 Faraday Avenue
P-1 (760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR:(CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY)
El Coastal Development Permit 0 Minor E General Plan Amendment
El Conditional Use Permit L
Minor n Local Coastal Program AmendmentEExtension
•Day Care (Large)0 Master Plan E Amendment
E Environmental Impact Assessment Specific Plan E Amendment
E Habitat Management Permit D Minor Zone Change
O Hillside Development Permit E Minor E Zone Code Amendment
El Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits
E Planned Development Permit E Minor Review Permit
E Residential Non-Residential D Administrative E Minor Major
E Planning Commission Determination
Reasonable Accommodation Village Review Area Permits
86124.)n -
D(1 Site Development Plan Minor 00ID 0 Review Permit
0(20 -7ESpecial Use Permit -etz ecactizog.Administrative D Minor Major
Tentative Parcel Map (Minor Subdivision)
E Tentative Tract Map (Major Subdivision)
Variance E Minor
NOTE:A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).:2090501900
PROJECT NAME:Desalination Flow Control Facility 5
BRIEF DESCRIPTION OF PROJECT:Construct a pipeline connecting to the desal pipeline and an above ground pressure reducing facility
PROJECT VALUE
(SITE IMPROVEMENTS)$2,600,000 ESTIMATED COMPLETION DATE Winter 2019
LOCATION OF PROJECT:5950 El Camino Real -CMWD Property
STREET ADDRESS
ON THE:North SIDE OF Orion Road
(NORTH, SOUTH, EAST, WEST)(NAME OF STREET)
BETWEEN El Camino Real AND Faraday Avenue
(NAME OF STREET)(NAME OF STREET)
P-1 Pane 1 of 6 Revised 09/16
•
OWNER NAME (Print):Carlsbad Municipal Water District APPLICANT NAME (Print):Lindsay Leahy
MAILING ADDRESS:5950 El Camino Real MAILING ADDRESS: 5950 El Camino Real
CITY, STATE, ZIP:Carlsbad, CA 92008 CITY, STATE, ZIP:Carlsbad, CA 92008
TELEPHONE:(760) 438-2722 TELEPHONE:(760) 603-7325
EMAIL ADDRESS:N/A EMAIL ADDRESS:lindsayleahy@carlsbadca.gov
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE.I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE.
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
P>RPgSES OF THIS APP kCATIO .
Zi I 1
-7
DATSiGai;rNAT ///2 147 _,CLA
DA E TURE
APPLICANTS REPRESENTATIVE (Print):N/A
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
SIGNATURE DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION.I/VVE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCE SlaRS IN INTEREST.
..//,"etPERTY OW ER SIGNATURE
FOR CITY USE ONLY
-,
NCA'2 2 2017
•
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
P-1 Page 2 of 6 Revised 09/16
II.PROJECT DESCRIPTION AND BACKGROUND
The Carlsbad Desalir4tion Plant (Plant) can produce 56,000 acre-feet per year (AFY)of potable
water. Through an agreement with the San Diego County Water Authority, Carlsbad Municipal
Water District (CMWD) retained its rights to 2,500 acre-feet of water per year to be received
directly from the desalination pipeline, providing more local control of this water. CMWD's 2012
Water Master Plan recommended the construction of the Desalination Flow Control Facility 5
(FCF 5)to access this water directly rather than through San Diego County Water Authority's
(SDCWA) system.
To allow for a secure connection to the desalination pipeline, CMWD will construct a turnout,.
flow control facility, and pressure reducing valve vault (PRW) that will have a direct connection
to the Carlsbad Desalination Conveyance Pipeline as it passes through CMWD's service area.
The FCF 5 and PRW will be located at 5950 El Camino Real,the lotation of the CMWD
Maintenance and Operation facility. The FCF 5 will be an above ground structure, consisting of
split faced cement block and stone coated steel shingle roof 38 ft 6 in long, 18 ft 9 in wide, and
15f ft 4 in high. The PRW will be a below ground structure accessible from the CMWD property
and housing the pressure reducing valve and other appurtenances. A 14 inch Cement Mortar.
Lined and Coated (CML&C) Steel pipe will extend from the desalination pipeline to FCF 5,while
a 16 inch C900 PVC pipeline will connect the PRW to CMWD's water system at the intersection
of El Camino Real and Orion Street.
Construction is anticipated to take one calendar year including pipeline,FCF 5 and PRW
construction and tie-ins. Work on'Faraday and El Camino Real will be coordinated with the city
Traffic Division and will be completed during non-rush hour with approved traffic control in place.
Partial lane closure on Orion Street will occur during a portion of construction, however traffic
and access to the Palomar Transfer Center and adjacent businesses will be maintained during
business hours in both directions throughout construction.
••
Development Services
City of DISCLOSURE STATEMENT Planning Division
Carlsbad P-1(A)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal.Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate,in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.APPLICANT (Not the applicant's agent)
Provide the COMPLETE,LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names,titles,addresses of all individuals owning more than 10%of the
shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE
INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned
corporation,include the names,titles,and addresses of the corporate officers.(A
separate page may be attached if necessary.)
Person Lindsay Leahy Corp/Part
Title Associate Engineer Title
Address 5950 El Camino Real 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 "tiny L.'J.:serf7 Corp/Part
Title De.i CP/e•74 /1 ri f 17 -ter Title
5950 El Camino RealAddress Address
Carlsbad, CA 92008
P-1(A)Page 1 of 2 Revised 07/10
3.NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title Title
Address Address
4.Have you had more than $500 worth of business transacted with any member of City
staff,Boards,Commissions,Committees and/or Council within the past twelve (12)
months?
ElYes n No If yes, please indicate person(s):
NOTE:Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
(t
1
it I 11
Signat o6vne date Si na
re?
IL'icant/ate
Print or typre name of owner Print or type make of applitit
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A)Page 2 of 2 Revised 07/10
••
CPROJECT DESCRIPTION Development ServicesCityClfPlanning Division
Carlsbad P-1 (B)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME:Desalination Flow Control Facility 5
APPLICANT NAME:Lindsay Leahy
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:
To provide a new local water supply to Carlsbad, CMWD will construct a turnout, flow control
facility, and pressure reducing station that will have a direct connection to the Carlsbad
Desalination Conveyance Pipeline as it passes through CMWD's service area. The Pipeline
currently transports desalinated water from the Plant through CMWD's service area eastwards
to SDCWA's regional storage and distribution system.
The flow control facility and pressure reducing station will be located on the property owned
by CMWD and where CMWD is headquartered at 5950 El Camino Real, Carlsbad, CA 92008.
P-1(B)Page 1 of 1 Revised 07/10
HAZARDOUS WASTE Development Services
City Of AND SUBSTANCES Planning Division
Carlsbad STATEMENT 1635 Faraday Avenue
(760) 602 -4610P-1(C)www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5,I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
DI The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
0 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:Lindsay Leahy Name: Carlsbad Municipal Water District
Address:5950 El Camino Real Address:5950 El Camino Real
Carlsbad, CA 92008 Carlsbad, CA 92008
Phone Number:(760) 603 -7325 Phone Number:(760) 438-2722
Address of Site:5950 El Camino Real, Carlsbad, CA 92008
Local Agency (City and County):Carlsbad, San Diego
Assessor's book, page, and parcel number:2090501900
Specify list(s):
Regulatory Identification Number:
Date of List:
li ALLS
1
2.1 11
p licant Sign tu e D to4
.......„2.„...
Prop"Owne—Cate
The Hazardous Waste and Substances Sites List (Cortese List)is used by the State,local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C)Page 1 of 2 Revised 02/13
DE1 -.:MINATION OF PROJECT'S Development Services`City of SWPPP TIER LEVEL AND Land Development Engineering
Carlsbad CONSTRUCTION THREAT LEVEL 1635 Faraday Avenue
760-602-2750E-32 www.carlsbadca.gov
I'm applying for:0 Grading Permit 0 Building Permit El Right-of-way permit VI Other
Project Name: Desalination Flow Control Facility 5 Project ID:DWG #/C B#
Address:5950 El Camino Real ApN 2090501900 Disturbed Area:0.05 Ac
Section 1:Determination of Project's SWPPP Tier Level SWPPP
(Check applicable criteria and check the corresponding SWPPP Tier Level, then go to section 2)Tier
Level
Exempt -No Threat Project Assessment Criteria
My project is in a category of permit types exempt from City Construction SWPPP requirements.Provided no
significant grading proposed, pursuant to Tablel, section 3.2.2 of Storm Water Standards, the following permits
are exempt from SWPPP requirements:El Exempt
0 Electrical El Patio El Mobile Home El Plumbing El Spa (Factory-Made)
El Fire Sprinkler 0 Mechanical El Re-Roofing 0 Sign 0 Roof-Mounted Solar Array
Tier 3 —Significant Threat Assessment Criteria —(See Construction General Permit (CGP) Section LB)*
O My project includes construction or demolition activity that results in a land disturbance of equal to or greater
than one acre including but not limited to clearing, grading, grubbing or excavation; or,
O My project includes construction activity that results in land disturbance of less than one acre but the
construction activity is part of a larger common plan of development or the sale of one or more acres of
disturbed land surface; or,
El My Project is associated with construction activity related to residential,commercial,or industrial 0 Tier 3development on lands currently used for agriculture; or
El My project is associated with construction activity associated with Linear Underground/Overhead Projects
(LUP)including but not limited to those activities necessary for installation of underground and overhead
linear facilities (e.g.conduits,substructures,pipelines,towers,poles,cables,wire,towers,poles,cables,
wires, connectors, switching, regulating and transforming equipment and associated ancillary facilities) and
include but not limited to underground utility mark out, potholing, concrete and asphalt cuffing and removal,
trenching,excavation,boring and drilling,access road,tower footings/foundation,pavement repair or
replacement, stockpile/borrow locations.
O Other per CGP _
Tier 2 —Moderate Threat Assessment Criteria:My project does not meet any of the Significant Threat
Assessment Criteria described above and meets one or more of the following criteria:
O Project requires a grading plan pursuant to the Carlsbad Grading Ordinance (Chapter 15.16 of the Carlsbad
Municipal Code); or,
fa Project will result in 2,500 sq. ft. or more of soils disturbance including any associated construction staging,
stockpiling, pavement removal, equipment storage, refueling and maintenance areas and project meets one
or more of the additional following criteria:fa Tier 2
•located within 200 ft. of an environmentally sensitive area or the Pacific Ocean; and/or,
•disturbed area is located on a slope with a grade at or exceeding 5 horizontal to 1 vertical; and/or
•disturbed area is located along or within 30 ft.of a storm drain inlet,an open drainage channel or
watercourse; and/or
•construction will be initiated during the rainy season or will extend into the rainy season
(Oct.1 —Apr. 30)
Tier 1 —Low Threat Assessment Criteria
D My project does not meet any of the Significant or Moderate Threat criteria above, is not an exempt permit
type per above and the project meets one or more of the following criteria:0 Tier 1•results in some soil disturbance; and/or
•includes outdoor construction activities (such as roof framing,saw cutting,equipment washing,material
stockpiling, vehicle fueling, waste stockpiling)
*Items listed are excerpt from CGP. CGP governs criteria for triggers for Tier 3 SWPPP.Developer/owner shall confirm coverage under the current CGP
and any amendments, revisions and reissuance thereof.
E-32 Page 1 of 2 REV. 02/16
Section 2: Determination of Project's Construction Threat LevelSWPPP Construction(Check applicable criteria under the Tier Level as determined in section 1,check theTier Threatcorresponding Construction Threat Level, then complete the emergency contact andLevel Levelsignature block below)
Exempt -Not Applicable -Exempt
Tier 3 —High Construction Threat Assessment Criteria:My Project meets one or more of the
following:
O Project site is 50 acres or more and grading will occur during the rainy season
O Project site is located within the Buena Vista or Agua Hedionda Lagoon watershed, inside or
within 200 feet of an environmentally sensitive area (ESA) or discharges directly to an ESA 0 High0Soil at site is moderately to highly erosive (defined as having a predominance of soils with
Tier 3 USDA-NRCS Erosion factors kr greater than or equal to 0.4)
O Site slope is 5 to 1 or steeper
O Construction is initiated during the rainy season or will extend into the rainy season
(Oct.1 —April 30)
O Owner/contractor received a Storm Water Notice of Violation within past two years
Tier 3 —Medium Construction Threat Assessment Criteria
0 All projects not meeting Tier 3 High Construction Threat Assessment Criteria 0 Medium
Tier 2 —High Construction Threat Assessment Criteria: My Project meets one or more of the
following:
O Project is located within the Buena Vista or Agua Hedionda Lagoon watershed, inside or
within 200 feet of an environmentally sensitive area (ESA) or discharges directly to an ESA
El Soil at site is moderately to highly erosive (defined as having a predominance of soils with HighUSDA-NRCS Erosion factors kr greater than or equal to 0.4)
Tier 2 0 Site slope is 5 to 1 or steeper•Construction is initiated during the rainy season or will extend into the rainy season
(Oct.1 —Apr. 30)
O Owner/contractor received a Storm Water Notice of Violation within past two years
O Site results in 10,000 sq. ft. or more of soil disturbance
Tier 2 —Medium Construction Threat Assessment Criteria
My project does not meet Tier 2 High Threat Assessment Criteria listed above Medium
Tier 1 —Medium Construction Threat Assessment Criteria: My Project meets one or more of the
following:
O Owner/contractor received a Storm Water Notice of Violation within past two years
El Site results in 500 sq. ft. or more of soil disturbance 0 Medium
Tier 1 El Construction will be initiated during the rainy season or will extend into the rainy season
(Oct.1 —April 30)
Tier 1 —Low Construction Threat Assessment Criteria
0 My project does not meet Tier 1 Medium Threat Assessment Criteria listed above 0 Low
I certify to the best of my knowledge that the above statements are true and correct.I will prepare and submit an appropriate tier level SWPPP as determined above
prepared in accordance with the City SWPPP Manual.I understand and acknowledge that I must adhere to and comply with the storm water best management
practices pursuant to Title 15 of the Carlsbad Municipal Code and to City Standards at all times during construction activities for the permit type(s) checked above. The
City Engineer/Building Official may authorize minor variances from the Construction Threat Assessment Criteria in special circumstances where it can be shown that a
lesser or higher SWPPP Tier Level is warranted.
Emergency Contact Name:Telephone No:
Lindsay Leahy (760) 603-7325
Owner/Owner's Authorized Agent Narne:z Title:
7—;:lft)"-1.n/'IA 0/.1 re.:.„L.t,1.
Own,aile's Auth:ed
Ag t Signet re:Date:/t 7r 07
o FOR CITY USE ONLY
Yes No
City Concurrence:
By:
Date:
E-32 Page 2 of 2 REV. 02/16
STORM WATER STANDARDS Development Services(City of QUESTIONNAIRE Land Development Engineering
Carlsbad E-34
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects, the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual).To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision,discretionary permits and/or construction permits).The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project.Depending on the
outcome,your project will either be subject to 'STANDARD PROJECT'requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.City
staff has responsibility for making the final assessment after submission of the development application.If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete.In this case,please
make the changes to the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application.Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
PROJECT INFORMATION
PROJECT NAME:DeSnk u prn LcW Ctiti(rZJL QIcAt tTM 5PROJECT
ID:
ADDRESS:s cis-0 cL cAkh 00 ThEAL.APN:2.09'-05 0 -
The project is (check one):0 New Development cZi Redevelopment
The total proposed disturbed area is: "I,COOft2 (0.2/4)acres
The total proposed newly created and/or replaced impervious area is:1.4 igi_ft2( 0.I I 7.--)acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID SWQMP #:
Then,go to Step 1 and follow the instructions.When completed,sign the form at the end and submit this with your
application to the city.
E-34 Page 1 of 4 REV 02/16
STEP 1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a 'development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repairfimprovements to an existing building
or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes° to the above question,provide justification below then go to Step 5,mark the third box stating °my
project is not a 'development project' and not subject to the requirements of the BMP manual° and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If you answered 'no'to the above question, the project is a 'development project', go to Step 2.
STEP 2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1.Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a)Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas;$b)Designed and constructed to be hydraulically disconnected from paved streets or roads;
c)Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets guidance?
2.Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in
siaaccordance with the USEPA Green Streets guidance?
3.Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual?
If you answered "yes° to one or more of the above questions, provide discussion/justification below, then go to Step 5,mark
the second box stating "my project is EXEMPT from PDP ...'and complete applicant information.
Discussion to justify exemption (e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV 04/17
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)):
YES NO
1.Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site?This includes commercial,industrial,residential,mixed-use,
and public development projects on public or private land.
2.Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or El 0more of impervious surface?This Includes commercial,industrial,residential,mixed-use,and public
development projects on public or private land.
3.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of Impervious surface collectively over the entire project site and supports a restaurant?A restaurant is
a facility that sells prepared foods and drinks for consumption, Including stationary lunch counters and 0 )4refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project?A hillside o 54development project includes development on any natural slope that is twenty-five percent or greater.
5.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is
a land area or facility for the temporary parking or storage of motor vehicles used personally for c14
business or for commerce.
6.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious street,road,highway,freeway or driveway surface collectively over the entire project
site?A street,road,highway,freeway or driveway is any paved impervious surface used for the
transportation of automobiles, trucks, motorcycles, and other vehicles.
7.Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)?Discharging Directly to" includes flow that is conveyed overland a distance of pl 0
200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).*
8.Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop?An automotive repair
shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) c4
codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.
9.Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)?This category includes
RGO's that meet the following criteria:(a)5,000 square feet or more or (b)a project Average Daily 94Traffic (AD7)of 100 or more vehicles per day.
10.Is your project a new or redevelopment project that results in the disturbance of one or more acres of land
and are expected to generate pollutants post construction?0
11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2)increases Impervious surface on the property by more than 10%?(CMC 0
21.203.040)
If you answered "yes' to one or more of the above questions, your project is a POP.If your project is a redevelopment
project, go to step 4.If your project is a new project, go to step 5,check the first box stating -My project is a POP ..."
and complete applicant information.
If you answered ''no" to all of the above questions, your project is a 'STANDARD PROJECT.'Go to step 5, check the
second box stating "My project is a 'STANDARD PROJECT..? and complete applicant information.
E'34 Page 3 of4 REV 04/17
L.City of STORM WATER STANDARDS Development Services
QUESTIONNAIRE Land Development Engineering
Carlsbad E-34
1635 faraday Avenue
(760) 602-2750
www.carlsbadca.gov
INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects, the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual).To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits).The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project.Depending on the
outcome,your project will either be subject to 'STANDARD PROJECT'requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.City
staff has responsibility for making the final assessment after submission of the development application.If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete.In this case, please
make the changes to the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help In determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application.Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
PROJECT INFORMATION
PROJECT NAME:DEs.ALA tJern )J Ft-0u (41-C4-1
)e-OCR45PROJECT ID:
ADDRESS:s qS0 CA1-t c o 12-CA APN:2.05 050 -jg
The project is (check one):0 New Development 0 Redevelopment
The total proposed disturbed area is: A-I I I,500ft2 (0. 2/4)acres
The total proposed newly created and/or replaced impervious area is:1.-1i4s_ft2 0.I I 2-)acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID SWQMP #:
Then,go to Step 1 and follow the instructions.When completed,sign the form at the end and submit this with your
application to the city.
E-34 Page 1 o14 REV 02116
STEP,t
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a °development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building
or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my
project is not a 'development project'and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
STEP 2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1.Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a)Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas;
b)Designed and constructed to be hydraulically disconnected from paved streets or roads;El 0.
c)Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets guidance?
2.Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in
accordance with the USEPA Green Streets guidance?
3.Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual?
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5,mark
the second box stating 'my project is EXEMPT from PDP ...'and complete applicant information.
Discussion to justify exemption (e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV 04/17
'-••''.,*I .-
To determine if your project Is a PDP, please answer' the following questions (MS4 Permit Provision E.3.b.(1)):
YES NO
1.Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site?This includes commercial,industrial,residential,mixed-use,0
and public development projects on public or private land.
2.Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or Dmore of impervious surface?This includes commercial,industrial,residential,mixed-use,and public
development projects on public or private land.
3.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant?A restaurant is
a facility that sells prepared foods and drinks for consumption, Including stationary lunch counters and 0 Xrefreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project?A hillside f4development project includes development on any natural slope that is twenty-five percent or greater.
5.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is galandareaor facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious street,road,highway,freeway or driveway surface collectively over the entire project
site?A street,mad,highway,freeway or driveway is any paved impervious surface used for the
transportation of automobiles, trucks, motorcycles, and other vehicles.
7.Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)?'Discharging Directly to'includes flow that is conveyed overland a distance of 31 0
200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent /ands).*
8.Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop?An automotive repair
shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) cg
codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.
9.Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)?This category includes
RGO's that meet the following criteria:(a)5,000 square feet or more or (b)a project Average Daily 9ifTraffic (AD?)of 100 or more vehicles per day.
10.Is your project a new or redevelopment project that results in the disturbance of one or more acres of land
and are expected to generate pollutants post construction?0
11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2)increases impervious surface on the property by more than 10%?(CMC 0 1:421.203.040)
If you answered 'yes" to one or more of the above questions, your project is a PDP.If your project is a redevelopment
project,go to step 4.If your project is a new project, go to step 5, check the first box stating 'My project Is a PDP ..."
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.'Go to step 5, check the
second box stating "My project is a 'STANDARD PROJECT'...° and complete applicant information.
E-34 Page 3 of4 REV 04/17
STEP 4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50%of the surface area of the previously existing development?Complete the percent
impervious calculation below:
Existing impervious area (A) =L 114 (..)00 sq. ft.sTotal proposed newly created or replaced impervious area (B)=1-17
-
161 5 sq. ft.
Percent impervious area created or replaced (B/A)'100 =0
If you answered "yes",the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development.Go to step 5, check the first box stating "My project is a PDP ..." and complete
applicant information.
If you answered "no," the structural BMP's required for PDP apply to the entire development.Go to step 5,check the
check the first box stating "My project is a PDP ..." and complete applicant information.
STEP 5
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
ISMy project is a PDP and must comply with PDP stormwater requirements of the BMP Manual.I understand I must
prepare a Storm Water Quality Management Plan (SWAMP) for submittal at time of application.
My project Is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual.As part of these requirements,I will submit a 'Standard Project
Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project.
Note:For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name:A).)\frr Applicant Title:A SS C)CA (\t1JelIPEf
Applicant Signature:Date:
11 241 I
'Environmentally Sensitive Areas include b are not limited to II Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994)and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat
Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City.
This Box for C Use On
YES NO
City Concurrence:
By:
Date:
Project ID:
E-34 Page 4 of 4 REV 04/17
.‘,
Chicago Title Company
2365 Northside Drive, Suite 600,San Diego, CA 92108
Phone:(619)521-3500 •Fax:(619) 521-3608
Issuing Policies ofChicago Title Insurance Company
ORDER NO.:00084046-993-SD2-CFU Escrow/Customer Phone:(619) 521-3500
City of Carlsbad
5950 El Camino Real Title Officer:Ken Cyr & Mark Franklin
Carlsbad, CA 92054 Title Officer Phone:(619) 521-3673
ATTN:Jeanette Brown Title Officer Fax:(619) 521-3608
Title Officer Email:TeamCyrFranklin@ctt.comEmail:Jeanette.Brown@carlsbadca.gov
Ref:
PROPERTY:5950 EL CAMINO REAL, CARLSBAD, CA
PRELIMINARY REPORT
In response to the applicationfor a policy oftitle insurance referenced herein, Chicago Title Company hereby reports that it
is prepared to issue,or cause to be issued, as ofthe date hereof a policy or policies oftitle insurance describing the land and
the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason ofany defect,lien
or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed
Schedules,Conditions and Stipulations or Conditions ofsaid policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks ofsaid policy or policies are set
forth in Attachment One.The policy to be issued may contain an arbitration clause.When the Amount ofInsurance is less
than that setforth in the arbitration clause,all arbitrable matters shall be arbitrated at the option ofeither the Company or
the Insured as the exclusive remedy of the parties.Limitations on Covered Risks applicable to the CLTA and ALTA
Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liabilityfor
certain coverages are also setforth in Attachment One.Copies ofthe policy forms should be read.They are available from
the office which issued this report.
This report (and any supplements or amendments hereto)is issued solely for the purpose of facilitating the issuance of a
policy oftitle insurance and no liability is assumed hereby.Ifit is desired that liability be assumedprior to the issuance ofa
policy oftitle insurance, a Binder or Commitment should be requested
The policy(s)of title insurance to be issued hereunder will be policy(s)of Chicago Title Insurance Company,a Florida
corporation.
Please read the exceptions shown or referred to herein and the exceptions and exclusions setforth in Attachment One of
this report carefully. The exceptions and exclusions are meant to provide you with notice ofmatters which are not covered
under the terms ofthe title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition oftitle and may not
list all liens, defects and encumbrances affecting title to the land
Chicago Title Company BY
l'f.,N\-'t9sompA:si—.
Randy Quirk. President
Attest
By:'''"II..X-----Authorized Signature ..
Michael Graved*. Secretary
CLTA Preliminary Report Form —Modified (11/17/06)Page 1
0 Chicago Title Company
2365 Northside Drix e.Suite 600. San Dieeo. CA 92108
Phone:(619)521 -3500 •Fax:(619)521 -3608
PRELIMINARY REPORT
EFFECTIVE DATE:December 27, 2017 at 7:30 a.m.
ORDER NO.:00084046-993-SD2-CFU
The form of policy or policies oftitle insurance contemplated by this report is:
A Preliminary Report Only
I.THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED
BY THIS REPORT IS:
A FEE
2.TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
CARLSBAD MUNICIPAL WATER DISTRICT,a municipal water district organized and existing under
Municipal Water District Act of 1911 as amended, a.k.a. Costa Real Municipal Water District
3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
See Exhibit A attached hereto and made a part hereof.
CI.TA Preliminary Report Form —Modified (11/17/06)Page 2
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE:ORDER NO.:00084046-993-SM-CFU
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD. IN THE COUNTY OF
SAN DIEGO. STATE OF CALIFORNIA. AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
ALL THAT PORTION OF LOT OF RANCHO AGUA HEDIONDA. IN THE COUNTY OF SAN DIEGO, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 821 FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY.NOVEMBER 16.1896.BOUNDED AND DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT "B" OF SAID RANCHO AGUA HEDIONDA, AS SHOWN
ON RECORD OF SURVEY MAP NO. 517, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, OCTOBER 30,1935; THENCE ALONG THE BOUNDARY OF SAID LOT AS SHOWN ON SAID MAP NO.
517.SOUTH 89°45' EAST 5173.00 FEET TO THE SOUTHEAST CORNER OF LOT "D" OF SAID RANCHO AGUA
HEDIONDA: THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT "B". SOUTH 89°53' EAST 2666.00
FEET AND SOUTH 0°17'57" EAST 2657.96 FEET (RECORD SOUTH 0°32'00" EAST 2655.20 FEET) TO POINT 14 OF
SAID LOT "B"AS SAID POINT 14 IS DESIGNATED ON SAID MAP NO.823;THENCE LEAVING SAID
BOUNDARY,SOUTH 54°15.33"WEST 326.48 FEET (RECORD SOUTH 54°24'WEST 326.40 FEET);THENCE
SOUTH 50°55,35"WEST 1788.65 FEET (RECORD SOUTH 51°04' WEST 1788.20 FEET): THENCE SOUTH 1°28'24"
WEST 787.30 FEET (RECORD SOUTH 1°36'WEST 787.10 FEET):THENCE SOUTH 10°46'15"WEST (RECORD
SOUTH 10°54'WEST)2851.88 FEET TO AN INTERSECTION WITH A LINE DRAWN PARALLEL WITH.AND
DISTANT 30.00 FEET NORTHEASTERLY. MEASURED AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE
OF SAID LOT "B",BEING A POINT IN THE NORTHEASTERLY LINE OF COUNTY ROAD SURVEY NO.682
(KNOWN AS COUNTY ROAD A-I3) ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE
COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, AND BEING THE TRUE POINT OF BEGINNING; THENCE
ALONG SAID PARALLEL LINE, AND ALONG SAID NORTHEASTERLY LINE OF COUNTY ROAD SURVEY NO.
682,SOUTH 38°38'25" EAST (RECORD SOUTH 38°35' EAST)100.00 FEET; THENCE LEAVING SAID PARALLEL
LINE. NORTH 51°2R35"EAST 638.00 FEET,THENCE NORTH 38°38'25"WEST 341.96 FEET;THENCE NORTH
73°43'45" WEST 232.43 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED COURSE DESIGNATED AS
"SOUTH I0°46'15" WEST (RECORD SOUTH 10°54' WEST' 2851.88 FEET; THENCE ALONG SAID COURSE, SOUTH
10°46'15" WEST (RECORD SOUTH 10°54' WEST) 664.20 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
ALL THAT PORTION OF LOT OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, 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.BOUNDED AND DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT "B" OF SAID RANCHO AGUA HEDIONDA, AS SHOWN
ON RECORD OF SURVEY MAP NO. 517, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, OCTOBER 30,1935; THENCE ALONG THE BOUNDARY OF SAID LOT AS SHOWN ON SAID MAP NO.
517,SOUTH 89°45' EAST, 5173.00 FEET TO THE SOUTHEAST CORNER OF LOT "D" OF SAID RANCHO AGUA
HEDIONDA;THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT "B" SOUTH 89°53' EAST, 2666.00
FEET AND SOUTH 0°17'57" EAST, 2657.96 FEET -RECORD SOUTH 0°32'00" EAST, 2655.20 FEET-TO POINT 14 OF
SAID LOT "B"AS SAID POINT 14 IS DESIGNATED ON SAID MAP NO.823;THENCE LEAVING SAID
BOUNDARY SOUTH 54°15'33" WEST, 326.48 FEET -RECORD SOUTH 54°24' WEST. 326.40 FEET; THENCE SOUTH
50°55'35"WEST.1788.65 FEET -RECORD SOUTH 51°04' WEST,1788.20 FEET-;THENCE SOUTH 1°2824"WEST.
787.30 FEET -RECORD SOUTH 1°36'WEST.787.10 FEET-;THENCE SOUTH 10°46'15"WEST -RECORD SOUTH
I0°54'WEST-2851.88 FEET TO AN INTERSECTION WITH A LINE DRAWN PARALLEL WITH. AND DISTANT
30.00 FEET NORTHEASTERLY. MEASURED AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF SAID
LOT "B". BEING A POINT IN THE NORTHEASTERLY LINE OF COUNTY ROAD SURVEY NO.682 KNOWN AS
CL FA Preliminary Report Form -Modified 11 Ul 7/06)Page 3
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE:ORDER NO.:00084046-993-SD2-CF11
EXHIBIT A
(Continued)
COUNTY ROAD A-13-ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE COUNTY
SURVEYOR OF SAID SAN DIEGO COUNTY;THENCE ALONG SAID PARALLEL LINE,AND ALONG SAID
NORTHEASTERLY LINE OF COUNTY ROAD SURVEY NO.682,SOUTH 38°38'25"EAST,-RECORD SOUTH
38°35'EAST-100.00 FEET TO THE TRUE POINT OF BEGINNING:THENCE LEAVING SAID PARALLEL LINE
NORTH 51021'35" EAST, 638.00 FEET; THENCE SOUTH 38°38'25" EAST. 100.00 FEET: THENCE SOUTH 51 '21 '35"
WEST, 638.00 FEET TO SAID NORTHEASTERLY LINE OF ROAD SURVEY NO.682;THENCE NORTH 38'3825"
WEST 100.00 ALONG SAID NORTHEASTERLY LINE TO THE TRUE POINT OF BEGINNING.
EXCEPTING FROM PARCELS 1 AND 2 ABOVE THAT PORTION CONVEYED TO THE COUNTY OF SAN DIEGO
IN DEED RECORDED AUGUST 23.1977 AS FILE NO.77-345406 OF OFFICIAL RECORDS,DESCRIBED AS
FOLLOWS:
THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA,EN THE 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 16.1886,INCLUDED IN THAT CERTAIN 6.459 ACRE PARCEL OF LAND
AS SHOWN ON RECORD OF SURVEY MAP NO.7845 ON FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY. LYING EASTERLY OF THE WESTERLY LINE OF A STRIP OF LAND 48.00 FEET IN
WIDTH, THE SIDELINES OF SAID STRIP BEING 24.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERL INE:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID 6.459 ACRE PARCEL, THENCE SOUTH 51°47'58"
WEST, ALONG THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID PARCEL, A
DISTANCE OF 55.00 FEET TO THE CENTERLINE OF ROAD SURVEY NO.1800-1,A PLAT OF WHICH IS ON FILE
IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY;THENCE SOUTH 38'12'02"EAST,ALONG
SAID CENTERLINE 141.28 FEET TO THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID CENTERLINE,
NORTH 38°22'25"EAST.480.00 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE,-
CONCAVE WESTERLY;THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 81°50'49" TO THE POINT OF TERMINUS.
APN: 209-050-19
CLTA Preliminary Report Form —Modified (11/17/06)Page 4
,•
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE:ORDER NO.:00084046-993-SD2-CFU
EXCEPTIONS
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION
TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:
A.Taxes not assessed.
1.The right of James Kelly.Robert S.Kelly.Ellen K.Hall Alice K.Morrison and Lillie Kelly Ortega.and their
respective successors and assigns, to use all roads and rights of way now existing or traveled over and across any
portion of the property herein described. together with the right and easement to install any poles, wires, pipes or
similar utility structures over and along any or all of such rights of way.as granted by deed dated March 26,1936
and recorded July 29.1936 in Book 541. Page 244 of Official Records.
2.Easement(s) for the purpose(s) shown below and rights incidental thereto,as granted in a document:
Granted to:San Diego Gas and Electric Company
Purpose:public utilities, ingress.egress
Recording Date:January 18,1937
Recording No:in Book 613. page 23+of Official Records
Affects:A portion of the Land described herein.
Easement(s) for the purpose(s) shown below and rights incidental thereto,as granted in a document:
Granted to:The County of San Diego
Purpose:public road purposes
Recording Date:October 2. 1940
Recording No:in Book 1068. page 496 ofOfficial Records
Affects:A portion of the Land described herein.
Said instrument additionally contains the privilege and right to extend structures and excavation and embankment
slopes beyond the limits where required for the construction and maintenance thereof
4.Easement(s) for the purpose(s) shown below and rights incidental thereto,as granted in a document:
Granted to:The County ofSan Diego
Purpose:public road purposes
Recording Date:October 2,1940
Recording No:in Book 1075. page 403 of Official Records
Affects:A portion ofthe Land described herein.
Said instrument additionally contains the privilege and right to extend structures and excavation and embankment
slopes beyond the limits where required for the construction and maintenance thereof.
5.Easement(s) for the purpose(s) shown below and rights incidental thereto,as granted in a document:
Granted to:The Carlsbad Municipal Water District
Purpose:road and utility purposes and incidents thereto
Recording Date:December 27,1961
Recording No:222199 of Official Records
Affects:A portion ofthe Land described herein.
Note:Said easement is out by merger.
6.Discrepancies. conflicts in boundary lines. shortage in area. encroachments. or any other matters shown on
Map:6493 of Record of Survey
CLTA Preliminary Report Form —Modified (11/17/06)Page 5
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE:ORDER NO.:00084046-993-SD2-CFU
EXCEPTIONS
(Continued)
7.Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
Purpose:the installation,construction,operation.maintenance.repair,replacement and
reconstruction of sewer pipelines and/or mains,manholes, sewer lateral pipelines and all
structures incidental thereto
Recording Date:January 4,1965
Recording No:1965-0672 ofOfficial Records
Affects:The exact location and extent ofsaid easement is not disclosed of record.
8.Easement(s) for the purpose(s) shown below and rights incidental thereto,as granted in a document:
Granted to:San Diego Gas and Electric Company
Purpose:public utilities. ingress.egress
Recording Date:September 18.1972
Recording No:1972-0248024 of Official Records
Affects:A portion of the Land described herein.
9.Easement(s) for the purpose(s) shown below and rights incidental thereto.as granted in a document:
Granted to:North County Investment.a limited partnership
Purpose:street and highway purposes
Recording Date:August 3,1973
Recording No:1973-0215694 of Official Records
Affects:A portion ofthe Land described herein.
A portion of said easement has been quitclaimed recorded August 23.1977 as File No.77-345407 of Official
Records.
10.Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
Purpose:street highway purposes
Recording Date:January 18,1974
Recording No:I 974-0 I 4 I 90 of Official Records
Affects:A portion of the Land described herein.
11.Easement(s) for the purpose(s) shown below and rights incidental thereto,as granted in a document:
Granted to:San Diego Gas and Electric Company
Purpose:public utilities, ingress,egress
Recording Date:August 26. 1974
Recording No:1974-0231498 of Official Records
Affects:A portion ofthe Land described herein.
12.Easement(s) for the purpose(s) shown below and rights incidental thereto,as granted in a document:
Granted to:The City ofCarlsbad
Purpose:public road purposes
Recording Date:October 17,1974
Recording No:1974-0277793 of Official Records
Affects:A portion ofthe Land described herein.
CLTA Preliminary Report Form —Modified (11/17/06)Page 6
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE:ORDER NO.:00084046-993-SD2-CFU
EXCEPTIONS
(Continued)
13.Easement(s) for the purpose(s) shown below and rights incidental thereto.as granted in a document:
Granted to:The County of San Diego
Purpose:highway slopes
Recording Date:August 23. 1977
Recording No:1977-345406 of Official Records
Affects:The exact location and extent of said easement is not disclosed of record.
14.Easement(s) for the purpose(s) shown below and rights incidental thereto.as granted in a document:
Granted to:San Diego Gas and Electric Company
Purpose:public utilities. ingress, egress
Recording Date:November 28,1989
Recording No:1989-0640224 ofOfficial Records
Affects:The exact location and extent of said easement is not disclosed of record.
15.Easement(s) for the purpose(s) shown below and rights incidental thereto,as granted in a document:
Granted to:City of Carlsbad
Purpose:road purposes
Recording Date:July 01. 1999
Recording No:1999-461059 of Official Records
Affects:A portion ofthe Land described herein.
16.Water rights. claims or title to water. whether or not disclosed by the public records.
17.Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land
that is satisfactory to the Company. and/or by inquiry of the parties in possession thereof.
18.Any rights of the parties in possession of a portion of, or all of,said Land. which rights are not disclosed by the
public records.
The Company will require,for review,a full and complete copy of any unrecorded agreement,contract,license
and/or lease, together with all supplements, assignments and amendments thereto. before issuing any policy of title
insurance without excepting this item from coverage.
The Company reserves the right to except additional items and/or make additional requirements after reviewing said
documents.
PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH
FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION.
END OF EXCEPTIONS
CLTA Preliminary Report Form —Modified (11/17/06)Page 7
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE:ORDER NO.:00084046-993-SD2-CFU
REQUIREMENTS SECTION
1.The Company will require the following documents for review prior to the issuance of any title insurance predicated
upon a conveyance or encumbrance by the corporation named below:
Name ofCorporation:CARLSBAD MUNICIPAL WATER DISTRICT,a municipal water district
a)A Copy ofthe corporation By-laws and Articles of Incorporation
b)An original or certified copy ofa resolution authorizing the transaction contemplated herein
c)If the Articles and/or By-laws require approval by a 'parent' organization,a copy of the Articles and By-
laws ofthe parent
d)A current dated certificate of good standing from the proper governmental authority of the state in which
the entity was created
The Company reserves the right to add additional items or make further requirements after review ofthe requested
documentation.
END OF REQUIREMENTS
•
CLTA Preliminary Report Form —Modified (11/17/06)Page 8
'PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE:ORDER NO.:00084046-993-SD2-CFU
INFORMATIONAL NOTES SECTION
1.None ofthe items shown in this report will csinse the Company to decline to attach CLTA Endorsement Form 100 to
an Extended Coverage Loan Policy, when issued.
2.The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116
indicating that there is located on said Land Commercial properties, known as 5950 El Camino Real, located within
the city of Carlsbad, California,,to an Extended Coverage Loan Policy.
3.Note:The policy of title insurance will include an arbitration provision. The Company or the insured may demand
arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company
and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance
or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of
the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your
Title Insurance coverage.
4.Notice:Please be aware that due to the conflict between federal and state laws concerning the cultivation,
distribution; manufacture or sale ofmarijuana, the Company is not able to close or insure any transaction involving
Land that is associated with these activities.
5.Pursuant to Government Code Section 27388.1,as amended and effective as of 1-1-2018, a Documentary Transfer
Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid
or when an exemption is being claimed from paying the tax.If a governmental agency is a party to the document,
the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder.
END OF INFORMATIONAL NOTES
Ken Cyr &Mark Franklin/rp
CLTA Preliminary Report Form —Modified (11/17/06)Page 9
RE SAFE Inquire before you wire!I..
Wire Fraud Alert
This Notice is not intended to provide legal or professional advice.If you have any questions, please consult with a lawyer.
All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they
simply relied on the wire instructions received via email, without further verification.If funds are to be wired in conjunction with
this real estate transaction,we strongly recommend verbal verification of wire instructions through a known, trusted phone
number prior to sending funds.
In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud.
•NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in
the course of a transaction.
•ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who
sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions.use phone
numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction
as soon as an escrow account is opened.DO NOT send an email to verify as the email address may be incorrect or the
email may be intercepted by the fraudster.
•USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case.numbers,and symbols.Make your
passwords greater than eight (8)characters.Also. change your password often and do NOT reuse the same password for
other online accounts.
•USE MULTI-FACTOR AUTHENTICATION for email accounts.Your email provider or IT staff may have specific
instructions on how to implement this feature.
For more information on wire-fraud scams or to report an incident. please refer to the following links:
Federal Bureau ofInvestigation:Internet Crime Complaint Center:
hItp://www.ibteor hunillwww.ie3.2os.
Wire Fraud Alert Page I
Original Effective Date:5/11/2017
Current Version Date:5/11/2017 WIRE0016 (DS! Rev.12/07/17)
TM and S Fidel/n National Financial,Inc. and or an affiliate.All rights reserved
FIDELITY NATIONAL FINANCIAL
•PRIVACY NOTICE
At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice
explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such information, and the choices
you have about the use ofthat information. A summary ofthe Privacy Notice is below, and we encourage you to review the entirety ofthe Privacy
Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end ofthis Privacy Notice.
Types of Information Collected. You may provide us with certain How Information is Collected. We may collect personal information
personal information about you, like your contact information, address from you via applications, forms, and correspondence we receive from
demographic information, social security number (SSN), driver's license,you and others related to our transactions with you. When you visit our
passport, other government ID numbers and/or financial information. We websites from your computer or mobile device, we automatically collect
may also receive browsing information from your Internet browser,and store certain information available to us through your Internet
computer and/or mobile device if you visit or use our websites or browser or computer equipment to optimize your website experience.
applications.
Use ofCollected Information. We request and use your personal When Information Is Disclosed. We may disclose your information to
information to provide products and services to you, to improve our our affiliates and/or nonaffiliated parties providing services for you or
products and services, and to communicate with you about these us, to law enforcement agencies or governmental authoiities,as required
products and services. We may also share your contact information with by law, and to parties whose interest in title must be determined.
our affiliates for marketing purposes.
Choices With Your Information. Your decision to submit information Information From Children. We do not knowingly collect information
to us is entirely up to you. You can opt-out of certain disclosure or use of from children who are under the age of 13, and our website is not
your information or choose to not provide any personal information to intended to attract children.
us.
Privacy Outside the Website. We are not responsible for the privacy International Users. By providing us with your information; you
practices ofthird parties, even ifour website links to those parties'consent to its transfer, processing and storage outside ofyour country of
websites.residence,as well as the fact that we will handle such information
consistent with this Privacy Notice.
The California Online Privacy Protection Act.Some FNF companies provide services to mortgage loan servicers and, in some cases, their
websites collect information on behalfofmortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to
any consumer information submitted through those websites.
Your Consent To This Privacy Notice. By submitting information to us Access and Correction; Contact Us.Ifyou desire to contact us
or by using our website, you are accepting and agreeing to the terms of regarding this notice or your information, please contact us at
this Privacy Notice.privacy@fnf.com or as directed at the end ofthis Privacy Notice.
FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1,2017 Copyright C 2017. Fidelity National Financial, Inc.All Rights Reserved
MISCO219 (DSI Rev. 3/2/17)Page 1 Order No. 00084046-993-SD2-CFU
•
FIDELITY NATIONAL FINANCIAL, INC.
PRIVACY NOTICE
Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance, real estate-and loan-related services
(collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal
Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in
effect for Personal Information and Browsing Information collected and/or owned by or on behalfofFNF, including Personal Information and
Browsing Information collected through any FNF website, online service or application (collectively, the "Website").
Types of Information Collected
We may collect two types ofinformation from you: Personal Information and Browsing Information.
Personal Information. FNF may collect the following categories ofPersonal Information:
•contact information (e.g., name, address, phone number, email address);
•demographic information (e.g., date ofbirth, gender, marital status);
•social security number (SSN), driver's license, passport, and other government ID numbers;
•financial account information; and
•other personal information needed from you to provide title insurance, real estate-and loan-related services to you.
prowsinz Information. FNF may collect the following categories ofBrowsing Information:
•Internet Protocol (or IP) address or device ED/UDID, protocol and sequence information;
•browser language and type;
•domain name system requests;
•browsing history, such as time spent at a domain, time and date ofyour visit and number ofclicks;
•http headers, application client and server banners; and
•operating system and fingerprinting data.
How Information is Collected
In the course ofour business, we may collect Personal Information about you from the following sources:
•applications or other forms we receive from you or your authorized representative;
•the coiiespondence you and others send to us;
•information we receive through the Website;
•information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and
•information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from
those entities, our affiliates or others.
If you visit or use our Website, we may collect Browsing Information from you as follows:
•Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about
each visitor. The Browsing Information includes generic information and reveals nothing personal about the user.
•Cookies. When you visit our Website,a "cookie" may be sent to your computer.A cookie is a small piece ofdata that is sent to your
Internet browser from a web server and stored on your computer's hard drive. When you visit a website again, the cookie allows the
website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept ,1
cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website.
Use ofCollected Information
Information collected by FNF is used for three main purposes:
•To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a
transaction involving you.
•To improve our products and services.
•To communicate with you and to inform you about our, our affiliates' and third parties' products and services,jointly or independently.
When Information Is Disclosed
We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing
Information to various individuals and companies,as permitted by law, without obtaining your prior authorization. Such laws do not allow
consumers to restrict these disrlosures. Please see the section "Choices With Your Personal Information" to learn how to limit the discretionary
disclosure ofyour Personal Information and Browsing Information.
Disclosures ofyour Personal Information may be made to the following categories of affiliates and nonaffiliated third parties:
•to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material
misrepresentation, or nondisclosure;
•to our affiliate financial service providers for their use to market their products or services to you;
•to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in
connection with such services;
•to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market
financial products or services to you;
•to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order,
•to lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled,
paid, or released prior to closing and
•other third parties for whom you have given us written authorization to disclose your Personal Information.
We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith belief that
FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1,2017 Copyright 2017. Fidelity National Financial, Inc.All Rights Reserved
MISCO219 (DSI Rev. 3/2/17)Page 2 Order No. 00084046-993-SD2-CFU
such disclosure is necessary to:
•comply with a legal process or applicable laws;
•enforce this Privacy Notice;
•investigate or respond to claims that any material, document, image, graphic, logo, design, audio, video or any other information provided
by you violates the rights of a third party; or
•protect the rights, property or personal safety ofFNF, its users or the public.
We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party
service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or
in a manner that is in compliance with applicable privacy laws. The use ofyour information by a business partner may be subject to that party's own '
Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or
others without your consent
We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other
disposition ofall or part ofthe FNF business and/or assets, or in the event ofour bankruptcy, reorganization, insolvency, receivership or an
assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer ofthe foregoing information in connection with
any ofthe above described proceedings. We cannot and will not be responsible for any breach ofsecurity by a third party or for any actions of any
third party that receives any ofthe information that is disclosed to us.
1,
Choices With Your Information
Whether you submit Personal Information or Browsing Information to FNF is entirely up to you.Ifyou decide not to submit Personal Information or
Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing
Information that, by law, you cannot limit, include:
•for our everyday business purposes —to process your transactions, maintain your account(s), to respond to law
•enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court
•orders, or report to credit bureaus;
•for our own marketing purposes;
•for joint marketing with financial companies; and
•for our affiliates' everyday business purposes —information about your transactions and experiences.
You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances
("opt-out"):
•for our affiliates' everyday business purposes —information about your creditworthiness; and
•for our affiliates to market to you.
To the extent permitted above, you may opt-out ofdisclosure or use ofyour Personal Information and Browsing Information by notifying us by one
ofthe methods at the end ofthis Privacy Notice. We do not share your personal information with non-affiliates for their direct marketing purposes.
For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted
by California law. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices.
For Nevada Residents: You may be placed on our internal Do Not Call List by ratline (888) 934-3354 or by contacting us via the information set
forth at the end ofthis Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau ofConsumer
Protection, Office ofthe Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas,NV 89101; Phone number: (702) 486-3132;
email: BCPINF0@ag.stale.nv.us.
For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing
purposes, except after you have been informed by us ofsuch sharing and had an opportunity to indicate that you do not want a disclosure made for
marketing purposes.
For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted
by Vermont law, such as to process your transactions or to maintain your account In addition, we will not share information about your
creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact
information and information about your transactions.
Information From Children
The Website is meant for adults and is not intended or designed to attract children under the age of thirteen (13).We do not collect Personal
Information from any person that we know to be under the age ofthirteen (13) without permission from a parent or guardian. By using the Website,
you affirm that you are over the age of13 and will abide by the terms ofthis Privacy Notice.
Privacy Outside the Website
The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the contentofany of those other
websites.
International Users
FNF's headquarters is located within the United States.Ifyou reside outside the United States or are a citizen ofthe European Union, please note that
we may transfer your Personal Information and/or Browsing Information outside ofyour country ofresidence or the European Union for any ofthe
purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our
collection and transfer ofsuch information in accordance with this Privacy Notice.
The California Online Privacy Protection Act
FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1,2017 Copyright 2017. Fidelity National Financial, Inc.All Rights Reserved
MISCO219 (DSI Rev. 3/2/17)Page 3 Order No. 00084046-993-SD2-CFU
For some FNF websites, such as the Customer CareNet ("CCN"), FNF is acting as athird party service provider to a mortgage loan servicer. In those
instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on
behalfofthe mortgage loan servicer is as follows:
•first and last name;
•property address;
•user name and password;
•loan number;
•social security number -masked upon entry;
•email address;
•three security questions and answers; and
•IP address.
The information you submit through the website is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is
responsible for taking action or making changes to any consumer information submitted through this website. For example,if you believe
that your payment or user information is incorrect, you must contact your mortgage loan servicer.
CCN does not share consumer information with third parties, other than (1) those with which the mortgage loan servicer has contracted to interface
with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas
or court orders.All sections of this Privacy Notice apply to your interaction with CCN,except for the sections titled "Choices with Your
Information"and "Access and Correction."If you have questions regarding the choices you have with regard to your personal information or how to
access or correct your personal information, you should contact your mortgage loan servicer.
Your Consent To This Privacy Notice
By submitting Personal Information and/or Browsing Information to FNF,you consent to the collection and use of the information by us in
compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide information to us, or
we receive information about you, following any amendment ofthis Privacy Notice will signify your assent to and acceptance ofits revised terms for
all previously collected information and information collected from you in the future. We may use comments,information or feedback that you
submit to us in any manner that we may choose without notice or compensation to you.
Accessing and Correcting Information; Contact Us
Ifyou have questions, would hie to access or con cut your Personal Information, or want to opt-out ofinformation sharing with our affiliates for their
marketing purposes, please send your requests to privacy@fnf.com or by mail or phone to:
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, Florida 32204
Attn: Chief Privacy Officer
(888) 934-3354
FNF Privacy Statement (Eff. 5/1/2015) Last UpdatPd March 1,2017 Copyright 2017. Fidelity National Financial, Inc.All Rights Reserved
MISCO219 (DSI Rev. 3/2/17)Page 4 Order No. 00084046-993-SD2-CFU
•
•-
Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial,Inc.and its
subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of
escrow instructions,a preliminary report or commitment. Please be aware that the provision of this notice does not constitute
a waiver of the consumer's right to be charged the field rate.As such,your transaction may not qualify for the below
discounts.
You are encouraged to discuss the applicability ofone or more ofthe below discounts with a Company representative. These
discounts are generally described below;consult the rate manual for a full description of the terms,conditions and
requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of
Companies.This notice only applies to transactions involving property improved with a one-to-four family residential
dwelling.
FIST Underwritten Title Company FNF Underwriter
CTC -Chicago Title Company CTIC -Chicago Title Insurance Company
Available Discounts
CREDIT FOR PRELIMP4ARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC)
Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be
reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited
on a subsequent policy charge within the following time period from the date ofthe report.
DISASTER LOANS (CTIC)
The charge for a lender's Policy (Standard or Extended coverage)covering the financing or refinancing by an owner of
record, within 24 months ofthe date ofa declaration of a disaster area by the government ofthe United States or the State of
California on any land located in said area,which was partially or totally destroyed in the disaster,will be 50%of the
appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC)
On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided
said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70%of the appropriate title
insurance rate,depending on the type of coverage selected.The charge for a lender's policy shall be 40% to 50%of the
appropriate title insurance rate, depending on the type of coverage selected.
EMPLOYEE RATE (CTC and CTIC)
No charge shall be made to employees (including employees on approved retirement)of the Company or its underwritten,
subsidiary title companies for policies or escrow services in connection with financing, refinancing,sale or purchase of the
employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the
employee would be obligated to pay, by established custom,as a party to the transaction.
CA Discount Notice Effeulive Date:1-10-2010
ATTACHMENT ONE
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY —1990
EXCLUSIONS FROM COVERAGE
.The following matters are expressly excluded from the coverage ofthis policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1.(a)Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting,
regulating,prohibiting or relating (i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any
improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area ofthe land or any
parcel of which the land is or was a part or (iv)environmental protection, or the effect of any violation of these laws,ordinances or
governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien,or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPolicy.
(b)Any governmental police power not excluded by (a) above, except to the extent that a notice ofthe exercise thereof or notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
2.Rights ofeminent domain unless notice ofthe exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3.Defects, liens, encumbrances, adverse claims or other matters:
(a)whether or not recorded in the public records at Date ofPolicy, but created, suffered, assumed or agreed to by the insured claimant;
(b)not known to the Company, not recorded in the public-records at Date ofPolicy, 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 ofPolicy; or
(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the
estate or interest insured by this policy.
4.Unenforceability ofthe lien ofthe insured mortgage because ofthe inability or failure ofthe insured at Date ofPolicy, or the inability or failure
ofany subsequent owner ofthe indebtedness, to comply with the applicable doing business laws ofthe state in which the land is situated.
5.Invalidity or unenforceability of the lien ofthe insured mortgage, or claim thereof, which arises out ofthe transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6.Any claim, which arises out ofthe transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the
interest ofthe insured lender, by reason ofthe operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices ofsuch proceedings, whether or not shown by the records
ofsuch agency or by the public records.
2.Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or
which may be asserted by persons in possession thereof.
3.Easements, liens or encumbrances, or claims thereof not shown by the public records.
4.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which
are not shown by the public records.
5.(a) Unpatented mining claims;(b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c) water rights, claims or
title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6.Any lien or right to a lien for services, labor or material not shown by the public records.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1.Governmental police power, and the existence or violation ofthose portions of any law or government regulation concerning:
a.building;
b.zoning;
c.land use;
d.improvements on the Land;
e.land division; and
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 ofYour existing structures, or any part ofthem, to be constructed in accordance with applicable building codes.This Exclusion does
not limit the coverage described in Covered Risk 14 or 15.
3.The right to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17.
4.Risks:
a.that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b.that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
Attachment One (6-5-14) CA & NV
c.that result in no loss to You; or
d.that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5.Failure to pay value for Your Title.
6.Lack of aright
a.to any land outside the area specifirAlly described and referred to in paragraph 3 ofSchedule 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.
8.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
•For Covered Risk 16,.18,19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Our Maximum Dollar
Your Deductible Amount Limit of Liability
1.00%%ofPolicy Amount Shown in Schedule A or
Covered Risk 16:$2,500.00 (whichever is less)$10,000.00
'1.00%%ofPolicy Amount Shown in Schedule A or
Covered Risk 18:$5,000.00 (whichever is less)$25,000.00
1.00%ofPolicy Amount Shown in Schedule A or
Covered Risk 19:$5,000.00 (whichever is less)$ 25,000.00
1.00%ofPolicy Amount Shown in Schedule A or
Covered Risk 21:$2,500.00 (whichever is less)$ 5,000.00
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage ofthis policy, and the Company will not pay loss or damage, costs, attorneys' fees,
or expenses that arise by reason of:
1.(a)Any law,ordinance,permit,or governmental regulation (including those relating to building and zoning)restricting,regulating,
prohibiting, or relating to
(i)the occupancy, use, or enjoyment ofthe Land;
(ii)the character, dimensions, or location of any improvement erected on the Land;
(iii)the subdivision ofland; or
(iv)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 ofeminent 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 ofPolicy, 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 ofPolicy (however, this does not modify or limit the coverage provided under Covered Risk 11,13
or 14); or
(e)resulting in loss or damage that would not have been sustained ifthe Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceability ofthe lien ofthe Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business
laws ofthe state where the Land is situated.
5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured
Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6.Any claim, by reason of the operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the
lien of the Insured Mortgage, is
(a)a fraudulent conveyance or fraudulent transfer, or
(b)a preferential transfer for any reason not stated in Covered Risk 13(b)ofthis 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 ofrecording ofthe Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under
Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage,
the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
(Except as provided in Schedule B -Part IL( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys'
fees or expenses, that arise by reason of
Attachment One (6-5-14) CA & NV
(PART I
(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:
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records ofsuch agency or by the Public Records.
2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection ofthe Land or that
may be asserted by persons in possession ofthe Land.
3.Easements, liens or encumbrances, or claims thereof not shown by the Public Records.
4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey ofthe Land and not shown by the Public Records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or
title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6.Any lien or right to a lien for services, labor or material not shown by the PublicKecords.
PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or
damage sustained in the event that they are not subordinate to the lien ofthe Insured Mortgage:)
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees,
or expenses that arise by reason of:
1.(a)Any law,ordinance,permit,or governmental regulation (including those relating to building and zoning)restricting,regulating,
prohibiting, or relating to
(i)the occupancy, use, or enjoyment ofthe Land;
(ii)the character, dimensions, or location ofany improvement erected on the Land;
(iii)the subdivision ofland; or
(iv)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 ofeminent 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 ofPolicy (however, this does not modify or limit the coverage provided under Covered Risk 9 and
10); or
(e)resulting in loss or damage that would not have been sustained ifthe Insured Claimant had paid value for the Title.
4.Any claim, by reason ofthe 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 ofthis policy.
5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy
and the date ofrecording ofthe deed or other instrument oftransfer 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:
(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:
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records ofsuch agency or by the•Public Records.
2.Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection ofthe Land or that
may be asserted by persons in possession ofthe Land.
3.Easements, liens or encumbrances, or claims thereof not shown by the Public Records.
4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey ofthe Land and that are not shown by the Public Records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or
title to water, whether or not the matters excepted under.(a), (b), or (c) are shown by the Public Records.
6.Any lien or right to a lien for services, labor or material not shown by the Public Records.
7.(Variable exceptions such as taxes, easements,CC&R's,etc. shown here.)
Attachment One (6-5-14)CA & NV
09 .®209-05 1
1.4
.so),..:
'•-,.
t"!ro'
ill•3
$1.w ,;•••.
:.•
/0 g11 ..RM A ,•_...ar-r.-14"...:7Lr.'IWO13;1 '®.—:.e .42 2;[4110 EC44i.s
LW AO •Mt 1 EK17.13Mri triii
XI ICLi >.t7 SA,-,ii--.„C)_-:SHT 1Aany)
-•.
MI7.E4F.77:aFir7";
a mr2r6.1712e.—=a 4 MI :Yr NMII=,g g ..'....:'i
5
1
..--ii";"11 NI i-cr).9.AiEa=
a &.MILTZZiiiitp2iliRR 0 •.-..11111.771.::...22.7.8 -....,•m......r7r..mrnOEtimiU.......,%i4.6 L2D A°..,..=I :1113 7!:7Fli .=
4503
•
1 LA ......f ...•C)7110-111-61 .1111111a)3M^,-5 44
441DR
_.•-^.203.01A0 mrai.t1...nr.rawEr.ouAn..c....IN11:11M =:3-r -103 l'&i1.•@ 'IN El ViUClMSHT 2
j.221.213AC CD
1
...al Fi•L;Iwt11 M EMIMEMiiii•U MG)
,..n 7cbtirw moo
13.N.32933.41tE 16.00 ..-)P i.:FOR B •
EMMEN.=IMIIIIMM =-
%/'1444Y•iiit.AYE 1*`-.s
(—..11 MilMil moma24C-
D.1752564321:r7198.27
r‘LillpitorrilIMPPI
.':..•`'UV MO110111.11.11.-n 2.i.E.1.1.•642 443.20
3 N 03°00.281 213.73
--•-•.
SHT 2 MEN EMI =saLmIMINIIIMIMIG.R.1531 210-22 .
.1'1ItPi71041'13.W a.a•..VISII II.=I IMMOI.N70.4203.E &ea I%::-.........STATION IIIMEM111.1J.R332 4043 MII.11.11111111.11;11g005-
•It N113•44'43.E 50_23 1E51/L.R4233.3327 •I -:,..,..1110.111.1.111==MENEM-7'Vir E.irCA.-1:..•Li Ix .''le
gr SI-ITAnk Nal ri.'
t.el?SHT 1 to NO AO=
1.12 FTITCP2.2 Vij -1 A /AC
ER a
-FOR B .....•
ErtedothipoROrC\(0 :LA&.N .
es.
.1=/g.I .V.. ...-'3 3 BE 10P141-3T-K15
'N '
.-!..\•\s IA-..-gi \VIP'MM.,•'gh '..lv.-....6;......._22;_it --
--a..o
i 1.!.K
..\14.\..t.
•N'1=200'
..
..-'
.•to
..,...
--
ii„..
-1$..
wir ‘....1...........,...........--
:.5 0 \oro 'awl'CENTER URI OF MOLAR AIRPORT PO
1 P 1
I #'es tat
ILF8•
1
0 ,.\.SHT 2
N 4 1g)-..I §1101/P161.5REFIPleilgrfr&PLX093,12LLMESMEDRIFI 11Ewow.
ima mar =air GlIG mag."1'ciao al MN =Ma MAP 823 -RHO AGUA HEDIONDA -POR LOT B.DIEU cam maws El?III 20$14 •
ROS 784.5.8187,14788,18074.17100,19964
,.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage ofthis policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of
1.(a)Any law,ordinance,permit,or governmental regulation (including those relating to building and zoning)restricting,regulating,
prohibiting, or relating to
(i)the occupancy, use, or enjoyment of the Land;
(ii)the character, dimensions, or location of any improvement erected on the Land;
(iii)the subdivision of land; or
(iv)environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a)does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d),14 or 16.
(b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 5,6,13(c),
13(d), 14 or 16.
2.Rights ofeminent 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 ofPolicy, 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 ofPolicy (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 ifthe Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceability of the lien ofthe Insured Mortgage because ofthe inability or failure of an Insured to comply with applicable doing-business
laws ofthe state where the Land is situated.
5.Invalidity or unenforceability in whole or in part of the lien ofthe Insured Mortgage that arises out of the transaction evidenced by the Insured
Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law.This Exclusion does not modify or limit the
coverage provided in Covered Risk 26.
6.Any claim of invalidity, unenforceability or lack of priority ofthe lien ofthe Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of
Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 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 ofthe operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the
lien ofthe 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)ofthis policy.
10.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
•
Attachment One (6-5-14)CA & NV