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HomeMy WebLinkAboutCUP 04-11; ; 2017-0559112; CovenantPLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: Daniel Zimny Assistant Engineer City of Carlsbad -Public Works AND WHEN RECORDED MAIL TO: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 DOC# 2017-0559112 11111111111111111111111111111111111111111111111 IIIII IIIII 1111111111111 Dec 01, 2017 09:20 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES: $228 00 PAGES: 72 THIS SPACE FOR RECORDER'S USE ONLY Declaration of Restrictive Covenant APN: 168-020-65-00 and 168-040-02-00 9/95 Rec.Form #R25 (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) ') // o' RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) Space above this line for Recorder's use Assessor's Parcel Number 168-020-65-00, 168-040-02-00 DECLARATION OF RESTRICTIVE COVENANTS This DECLAl.).A_ TION OF RESTRICTIVE COVENANTS ("Restrictive Covenant") is made this-11:t:_day of du.n.e_ , 2017 by City of Carlsbad, a municipal corporation (hereinafter "Declarant"). RECITALS A. Declarant is the sole owner in fee simple of property located in City of Carlsbad, County of San Diego, State of California, and as further described in legal descriptions attached hereto as Exhibit "A" and depicted on Exhibit "B" and attached hereto and incorporated by this reference (the "Restricted Property"), which consists of approximately 262.3 acres. B. This Restrictive Covenant provides mitigation for certain impacts of City and Carlsbad Municipal Water District projects, pursuant to Section 10.7 of the Implementing Agreement for the City of Carlsbad Habitat Management Plan, dated November 15, 2004. This Restrictive Covenant is intended and shall be deemed to satisfy the conservation requirement as to the Restricted Property. C. Compensatory mitigation for certain impacts of projects by Declarant pursuant to requirements of the United States Army Corps of Engineers' ("ACOE") Section 404 Permits related to City and Carlsbad Municipal Water District projects and amendments thereto ("Section 404 Permits"). A Special Condition of the Section 404 Permits requires Declarant to record a Restrictive Covenant on the compensatory mitigation sites, which are included within the Restricted Property. This Restrictive Covenant is intended and shall be deemed to satisfy that requirement. D. The Restricted Property possesses wildlife and habitat values of great importance to the People of the State of California and currently is and will remain in a Natural Condition as defined herein and is intended to be preserved in its natural, scenic, open condition to maintain its ecological, historical, visual and educational values (collectively, "Conservation Values"). 168-020-65-00, 168-040-02-00. E. Declarant desires to preserve and protect the Restricted Property pursuant to the City of Carlsbad Preserve Management Plan dated September, 2011 ("Management Plan"), an adaptive habitat management plan which may be revised from time to time and which is incorporated herein by this reference. F. The United States Army Corps of Engineers ("ACOE") is the federal agency charged with the primary responsibility for regulating activities in waters of the United States, including wetlands, with regulatory authority over discharges of dredged and fill material into such waters pursuant to Section 404 of the Clean Water Act. G. The United States Fish and Wildlife Service ("USFWS") has jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife and native plants and the habitats on which they depend under the Endangered Species Act, 16 U.S.C. Section 1531 et. seq., the Fish and Wildlife Coordination Act, 16 USC, Section 661-666c and other applicable federal laws. H. California Department of Fish and Wildlife ("CDFW") has jurisdiction, pursuant to Fish and Game Code Section 1802, over the conservation, protection, and management offish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species, and the Department of Fish and Game is authorized to hold easements for these purposes pursuant to Civil Code Section 815.3, Fish and Game Code Section 1348, and other provisions of California law. I. The City of Carlsbad ("City") is a municipal corporation with a Habitat Management Plan for Natural Communities in the City of Carlsbad ("HMP") adopted by its City Council in November 2004, with the overall goal of contributing to regional biodiversity and the viability of rare, unique or sensitive biological resources throughout the City and the larger region while allowing public and private development to occur consistent with the Carlsbad General Plan and Growth Management Plan. J. The Carlsbad Municipal Water District ("District") is a subsidiary district of the City of Carlsbad pursuant to the provisions of the Cortese-Knox Local Government Reorganization Act of 1985 with responsibilities including, but not limited to, planning and management of water resources, operation of the water system, and construction, repair, and replacement of water distribution infrastructure. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS NOW THEREFORE, Declarant hereby declares the Restricted Property shall be held, transferred, conveyed, leased, occupied or otherwise disposed of and used subject to the following restrictive covenants, which shall run with the land and be binding on Declarant' s heirs, successors in interest, administrators, assigns, lessees, or other occupiers and users of the Restricted Property or any portion of it. 1. Purpose. (a) The purpose of this Restrictive Covenant is to ensure the Restricted Property will be retained in perpetuity in a Natural Condition, defined below, and to prevent any use of the 2 168-020-65-00, 168-040-02-00. Restricted Property that will impair or interfere with the Conservation Values of the Restricted Property (the "Purpose"). Declarant intends that this Restrictive Covenant will confine the use of the Restricted Property to such activities, including without limitation, those involving the preservation and enhancement of native species and their habitat in a manner consistent with the habitat conservation purposes of this Restrictive Covenant. (b) The term "Natural Condition," as referenced in the preceding paragraph and other portions of this Restrictive Covenant, shall mean the condition of the Restricted Property as it exists at the time this Restrictive Covenant is executed, as well as future enhancements or changes to the Restricted Property that occur directly as a result of the following activities: (1) Habitat creation or restoration, including implementation, maintenance and monitoring activities, required for the projects by City of Carlsbad and/or other permitting agencies; (2) Compensatory mitigation measures, including implementation, maintenance and monitoring activities, required by the City of Carlsbad and/or other permitting agencies as described in the applicable mitigation and monitoring plan; (3) In-perpetuity maintenance ("Long-Term Maintenance, Management, and Monitoring"), that occurs on the Restricted Property as described in the Management Plan and Section 6 herein; or ( 4) Activities described in Section 4 herein. (c) Declarant certifies to CDFW, USFWS, and ACOE that, to Declarant's actual knowledge, there are no structures or other man-made improvements other than the existing dam and related improvements existing on the Restricted Property. Declarant further certifies to CDFW, USFWS, and ACOE that, to Declarant's actual knowledge, there are no previously granted easements existing on the Restricted Property that interfere or conflict with the Purpose of this Restrictive Covenant as evidenced by the Title Report attached at Exhibit "C". The current Natural Condition is evidenced in part by the depiction of the Restricted Property attached on Exhibit "D", showing all relevant and plottable property lines, easements, dedications, improvements, boundaries and major, distinct natural features such as waters of the United States. Declarant has delivered further evidence of the Natural Condition to City, CDFW, USFWS, and ACOE (1) a color aerial photograph of the Restricted Property at an appropriate scale taken as close in time as possible to the date this Restrictive Covenant is executed; (2) an overlay of the Restricted Property boundaries on that aerial photograph; and (3) on-site color photographs showing all natural features of the Restricted Property. (d) If a controversy arises with respect to the Natural Condition of the Restricted Property, CDFW, USFWS, and/or ACOE shall not be foreclosed from utilizing any and all other relevant documents, surveys, photographs or other evidence or information to assist in the resolution of the controversy. 3 168-020-65-00, l 68-040-02-00. (e) The term "Biological Monitor" shall mean an independent third-party consultant with knowledge of upland and aquatic resources in the San Diego County area and expertise in the field of biology. 2. Declarant's Duties. Declarant, its successors and assigns shall: (a) Undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities would be inconsistent with the Conservation Values and would violate the permitted uses of the Restricted Property set forth in this Restrictive Covenant; and (b) Install and maintain a fence around the Restricted Property where necessary to protect the Conservation Values of the Restricted Property; and ( c) Post and maintain signage in or adjacent to the boundary areas of the Restricted Property as described in Section 4@; and (d) Comply with the terms of this Restrictive Covenant and cooperate with CDFW, USFWS, and ACOE in the protection of the Conservation Values; and ( e) Repair and restore damage to the Restrictive Property directly or indirectly caused by Declarant, Declarant's guests, representatives or agents and third parties; provided, however, Declarant, its successors or assigns shall not engage in any repair or restoration work in the Restricted Property without first consulting with CDFW, USFWS, and ACOE pursuant to Section §; and (t) Undertake construction, maintenance and monitoring of mitigated areas pursuant to the applicable mitigation and monitoring plan until receipt of final approval of the success of the mitigation from CDFW, USFWS, and ACOE ("CDFW/USFWS/ACOE Final Approval"); and (g) Obtain any applicable governmental permits and approvals for any activity or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements; (h) Perform in-perpetuity Long-Term Maintenance, Management, and Monitoring set forth in Section 6 below; and (i) Perform an annual compliance inspection of the Restricted Property, prepare an inspection report and shall make reports available to CDFW, USFWS, and ACOE and the City upon request. 3. Prohibited Uses, Any activity on or use of the Restricted Property inconsistent with the Purpose of this Restrictive Covenant and not reserved as set forth in Section 4 hereof is prohibited. Without limiting the generality of the foregoing, the following uses by Declarant, and its respective guests, 4 168-020-65-00, 168-040-02-00. agents, assigns, employees, representatives, successors and third parties, are expresslyprohibited, except as otherwise provided herein or unless specifically provided for in the, applicable mitigation and monitoring plan, Management Plan, Section 404 Permit, Streambed Alteration Agreement and any easements and reservations of rights recorded in the chain of title to the Restricted Property at the time of this conveyance (as set forth in Exhibit C hereto): (a) Supplemental watering except for habitat enhancement activities described in Section 4.(hl; (b) Use of herbicides, pesticides, rodenticides, biocides, fertilizers, or other agricultural chemicals or weed abatement activities, except weed abatement activities necessary to control or remove invasive, exotic plant species conducted by a herbicide applicator licensed to work within habitat preserve areas; ( c) Incompatible fire protection activities, except the fire prevention activities set forth in Section 4ffi; ( d) Use of off-road vehicles and use of any other motorized vehicles except on existing roadways and as necessary to restore native plant communities consistent with Section 4. ( e) Livestock grazing or other agricultural activity of any kind; (f) Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing, except as allowed in the Management Plan; (g) Residential, commercial, retail, institutional, or industrial uses; (h) Any legal or de facto division, subdivision or portioning of the Restricted Property, except transfers in accordance with Section 16 below; (i) Construction, reconstruction or placement of any building or other improvement, billboard, or signs except signs permitted in Section 2(c) and Section 4(d): G) Depositing, dumping or accumulating soil, trash, ashes, refuse, waste, bio-solids or any other material; (k) Planting, introduction or dispersal of non-native or exotic plant or animal species; (1) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, gravel, soil, rock, sand or other material on or below the surface of the Restricted Property; (m) Altering the general topography of the Restricted Property, including but not limited to building of roads, trails, and flood control work; (n) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as necessary for (1) emergency fire protection as required by fire safety officials as set forth in Section 4ffi, (2) controlling invasive, exotic plants which threaten the integrity of the habitat, (3) 5 168-020-65-00, 168-040-02-00. preventing or treating disease, ( 4) completing the applicable mitigation and monitoring plan, or (5) activities described in Section 2, Section 4 and Section 13; ( o) Manipulating, impounding or altering any natural watercourse, body of water or water circulation on the Restricted Property, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters, except as necessary to complete the applicable mitigation and monitoring plan; and (p) Fuel modification zones ( defined as a strip of mowed land or the planting of vegetation possessing low combustibility for purposes of fire suppression). 4. Declarant's Reserved Rights, Declarant reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Restricted Property, including the right to engage in or to permit or invite others to engage in all uses of the Restricted Property that are consistent with the Purpose of this Restrictive Covenant, including the following uses: (a) Access. Reasonable access through the Restricted Property to adjacent land over existing roads, or to perform obligations or other activities permitted by this Restrictive Covenant or that are required under the Section 404 Permit or Streambed Alteration Agreement. In addition, police and other public safety organizations and their personnel may enter the Restricted Property to address any legitimate public health or safety matter. (b) Habitat Enhancement Activities. Enhancement of native plant communities, including the right to plant trees and shrubs of the same type as currently existing on the Restricted Property, so long as such activities do not harm the habitat types identified in the Section 404 Permit or Streambed Alteration Agreement Permit. For purposes of preventing erosion and reestablishing native vegetation, the Declarant shall have the right to revegetate areas that may be damaged by the permitted activities under this Section 4, naturally occurring events or by the acts of persons wrongfully damaging the Natural Condition of the Restricted Property. Prior to any habitat enhancement activities, Declarant shall have its Biological Monitor submit detailed plans to CDFG, USFWS, and ACOE for review and approval. Habitat enhancement activities shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, permitting requirements and Management Plan. ( c) Vegetation, Debris, and Exotic Species Removal. Removal or trimming of vegetation downed or damaged due to natural disaster, removal of man-made debris, removal of parasitic vegetation (as it relates to the health of the host plant) and removal of non-native or exotic plant or animal species. Vegetation, debris, and exotic plant species removal shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, permitting requirements, and Management Plan. ( d) Erection and Maintenance of Informative Signage. Erection and maintenance of signage and other notification features saying "Natural Area Open Space," "Protected Natural Area," or similar descriptions that inform persons of the nature and restrictions on the Restricted 6 168-020-65-00, 168-040-02-00. Property. Prior to erection of such signage, the Declarant shall submit detailed plans showing the location of such signs to CDFG, USFWS, and ACOE for review and approval. The erection and maintenance of informative signage shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, and permitting requirements. (e) No Interference with Development of Adjoining Property. Notwithstanding anything set forth herein to the contrary, nothing in this Restrictive Covenant is intended nor shall be applied to in any way limit Declarant or any of Declarant's successors and assigns from (1) constructing, placing, installing, and/or erecting any improvements upon the portions of the Project not constituting the Restricted Property, (2) installing and/or maintaining the subsurface infrastructure improvements, utility lines, landscaping (including irrigation and runoff), landscape mitigation, and/or similar non-structural improvements within the Restricted Property, and/or (3) developing adjoining property for any purposes, except as limited by any local, state or federal permit requirements for such development and provided that for all of the above clauses (1 ), (2), and (3) neither such activity nor any effect resulting from such activity amounts to a use of the Restricted Property, or has an impact upon the Restricted Property, that is prohibited by Section 3 above. (t) Fire Protection. The right, in an emergency situation only, to maintain firebreaks ( defined as a strip of plowed or cleared land made to check the spread of a fire), trim or remove brush, otherwise perform preventative measures required by the fire department to protect structures and other improvements from encroaching fire. All other brush management activities shall be limited to areas outside the Restricted Property. (g) Water Facility Operations and Maintenance. The right to operate Lake Calavera as a flood control facility and comply with the applicable state and federal statutes, regulations, and guidelines pertaining to the supervision of dams and reservoirs and any requirements of the State of California Division of Safety of Dams including, but not limited to, the following activities: Removal of vegetation from the dam face and spillway apron and channel; Maintenance and repair of the dam and spillway apron and channel; Maintenance of piping, intake/outlet works and valves, operations control building, and associated fencing, lighting and access roads; Control of water level between 194 and 214 feet ams] through impoundment and draining of water, (h) Trail Improvement and Maintenance. Perform in-perpetuity trail maintenance, management and improvements in conformance with the Management Plan and the Lake Calavera Trails Mitigation and Monitoring Measures outlined in Permit No. HMP 09-05 including, but not limited to, the following activities: Removal of trash, pet waste and debris from litter containers and alongside trails; 7 168-020-65-00, 168-040-02-00. Removal of invasive plants in and alongside the trail to maintain established and approved trail widths; Shrub and tree pruning as needed to maintain established and approved trail widths; Repair, upkeep, and replacement of trail kiosks, signage, markers, pet stations, fencing, benches, picnic tables and all other trail site furnishings; Removal of fallen trees; Erosion control and drainage improvements; Regular and at minimum, monthly trail inspections; Installation and maintenance of BMP's such as silt fencing and other sediment trapping devices as needed in order to prevent runoff from entering water systems and contributing or causing trail erosion. s. Access, This Restrictive Covenant does not convey a general right of access to the public or a general right of access to the Restricted Property. Trail access for the public shall be restricted to areas designated by the Declarant pursuant to the approved Lake Calavera Trails Master Plan, as amended from time to time. In accordance with Section 4@, Declarant shall install signage at all likely points of entry informing persons of the nature and restrictions on the Restricted Property. This Restrictive Covenant will allow for access to the Restricted Property by CDFW, USFWS, and ACOE, and third-party easement holders of record at the time of this conveyance at locations designated in easements and reservations of rights recorded in the chain of title to the Restricted Property at the time of this conveyance 6. Long-Term Maintenance, Management, and Monitoring, In addition to the other terms contained herein, Declarant, its successor or assign shall be responsible for the maintenance/repair of the Restricted Property in perpeutity. Such long-term maintenance shall consist of the following activities: (a) annual removal, by hand, of trash or man- made debris, (b) annual maintenance of signage and other notification features or similar descriptions that inform persons of the nature and restrictions on the Restricted Property pursuant to Section 2f0., ( c) implement its responsibilities under the Management Plan and any amendments thereto, and (d) annual restoration of the Restricted Property damaged by any activities prohibited by Section 3 herein. Declarant, its successors and assigns shall prepare a monitoring and maintenance report documenting activities performed under subsections (a) through ( c) above, and shall make reports available to CDFW/USFWS/ACOE upon request. When activities are performed pursuant to subsection (d) above, Declarant shall retain a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Declarant shall have its Biological Monitor submit a draft Restoration Plan to CDFW /USFWS/ ACOE for review and approval prior to its implementation. Upon completion of restoration as specified in the CDFW/USFWS/ACOE -approved Restoration Plan, Declarant shall have its Biological Monitor prepare a detailed monitoring report, and Declarant shall make the report available to 8 168-020-65-00, 168-040-02-00. CDFW/USFWS/ACOE within thirty (30) days of completion of restoration activities. Declarant, its successors or assigns and the Biological Monitor shall sign the monitoring report, and the report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on-site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration performance by the Declarant, its successors or assigns, or its contractor in accordance with the CDFW/USFWS/ACOE -approved Restoration Plan, corrections recommended and implemented. 7. Funding Declarant shall be responsible for funding of all maintenance, monitoring, and ongoing management on the Restricted Property. 8. CDFW, USFWS, and ACOE Rights, To accomplish the Purpose of this Restrictive Covenant, Declarant hereby grants and conveys the following rights to City, CDFW, USFWS, and ACOE (but without obligation of the City, CDFW, USFWS, andACOE): (a) A non-exclusive easement on and over the Restricted Property to preserve and protect the Conservation Values of the Restricted Property; and (b) A non-exclusive easement on and over the Restricted Property to enter upon the Restricted Property to monitor Declarant' s compliance with and to otherwise enforce the terms of this Restrictive Covenant; and ( c) A non-exclusive easement on and over the Restricted Property to prevent any activity on or use of the Restricted Property that is inconsistent with the Purpose of this Restrictive Covenant and to require the restoration of such areas or features of the Restricted Property that may be damaged by any act, failure to act, or any use that is inconsistent with the Purpose of this Restrictive Covenant; and (d) The right to enforce by means, including, without limitation, injunctive relief, the terms and conditions of this Restrictive Covenant. 9. Enforcement. (a) Right to Enforce. Declarant, its successors and assigns, grant to CDFW, USFWS, ACOE , Department of Justice, and the State Attorney General, a discretionary right to enforce these restrictive covenants in a judicial or administrative action against any person(s) or other entity(ies) violating or attempting to violate these restrictive covenants; provided, however, that no violation of these restrictive covenants shall result in a forfeiture or reversion of title. The U.S. Department of Justice, CDFW, and State Attorney General shall have the same rights, remedies and limitations as ACOE under this Section 9. The rights under this Section are in addition to, and do not limit rights conferred in Section 8 above, the rights of enforcement against Declarant, its successor or assigns under the Section 404 Permit, or any rights of the various documents created thereunder or referred to therein. (b) Notice. 9 168-020-65-00, 168-040-02-00. (1) If CDFW, USFWS, and/or ACOE determines Declarant is in violation of the terms of this Restrictive Covenant or that a violation is threatened, CDFW/USFWS/ACOE may demand the cure of such violation. In such a case, CDFW/USFWS/ACOE shall issue a written notice to Declarant (hereinafter "Notice of Violation") informing Declarant of the violation and demanding cure of such violation. (2) Declarant shall cure the noticed violation within fifteen (15) days ofreceipt of said written notice from CDFW, USFWS, and ACOE. If said cure reasonably requires more than fifteen (15) days, Declarant shall, within the fifteen (15) day period submit to CDFW/USFWS/ACOE for review and approval a plan and time schedule to diligently complete a cure. Declarant shall complete such cure in accordance with the approved plan. If Declarant disputes the notice of violation, it shall issue a written notice of such dispute (hereinafter "Notice of Dispute") to the CDFW/USFWS/ACOE within fifteen (15) days of receipt of written notice of violation. (3) If Declarant fails to cure the noticed violation(s) within the time period(s) described in Section 9(b)(2) above, or Section 9(£)__below, CDFW/USFWS/ACOE may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by Declarant with the terms of this Restrictive Covenant. In such action, the CDFW /USFWS/ ACOE may (i) recover any damages to which they may be entitled for violation by Declarant of the terms of this Restrictive Covenant, (ii) enjoin the violation, ex parte if necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or (iii) pursue other equitable relief, including, but not limited to, the restoration of the Restricted Property to the condition in which it existed prior to any such violation or injury. CDFW/USFWS/ACOE may apply any damages recovered to the cost of undertaking any corrective action on the Restricted Property. (4) If Declarant provides CDFW/USFWS/ACOE with a notice of dispute, as provided herein, CDFW/USFWS/ACOE shall meet and confer with Declarant at a mutually agreeable place and time, not to exceed thirty (30) days from the date that CDFW/USFWS/ACOE receives the notice of dispute. CDFW/USFWS/ACOE shall consider all relevant information concerning the disputed violation provided by Declarant and shall determine whether a violation has in fact occurred and, if so, whether the notice of violation and demand for cure issued by CDFG/USFWS/ACOE is appropriate in light of the violation. (5) If, after reviewing Declarant's notice of dispute, conferring with Declarant, and considering all relevant information related to the violation, CDFW/USFWS/ACOE determines that a violation has occurred, CDFW/USFWS/ACOE shall give Declarant notice of such determination in writing. Upon receipt of such determination, Declarant shall have fifteen (15) days to cure the violation. If said cure reasonably requires more than fifteen (15) days, Declarant shall, within the fifteen (15) day period submit to CDFW /USFWS/ ACOE 10 168-020-65-00, 168-040-02-00. for review and approval a plan and time schedule to diligently complete a cure. Declarant shall complete such cure in accordance with the approved plan. (c) Immediate Action. If CDFW/USFWS/ACOE, in its reasonable discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Restricted Property, CDFW/USFWS/ACOE may immediately pursue all available remedies, including injunctive relief, available pursuant to both this Restrictive Covenant and state and federal law after giving Declarant at least twenty four (24) hours' written notice before pursuing such remedies. So long as such twenty four (24) hours' notice is given, CDFW+/USFWS/ACOE may immediately pursue all available remedies without waiting for the expiration of the time periods provided for cure or notice of dispute as described in Section 9.(hlill. The written notice pursuant to this paragraph may be transmitted to Declarant by facsimile. The rights of CDFW/USFWS/ACOE under this paragraph apply equally to actual or threatened violations of the terms of this Restrictive Covenant. Declarant agrees that the remedies at law for CDFG/USFWS/ACOE for any violation of the terms of this Restrictive Covenant are inadequate and that CDFW /USFWS/ ACOE shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which CDFW/USFWS/ACOE may be entitled, including specific performance of the terms of this Restrictive Covenant, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this Section 9.(B_shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. (d) Costs of Enforcement. Any costs incurred by CDFGW/USFWS/ACOE in enforcing the terms of this Restrictive Covenant against Declarant including, but not limited to, costs of suit and, any costs of restoration necessitated by Declarant' s violation or negligence under the terms of this Restrictive Covenant shall be borne by Declarant, subject to California Civil Code section 815. ( e) Enforcement Discretion. Enforcement of the terms of this Restrictive Covenant shall be at the discretion of CDFW/USFWS/ACOE. Any forbearance by CDFW/USFWS/ACOE to exercise rights under this Restrictive Covenant in the event of any breach of any term of this Restrictive Covenant by Declarant shall not be deemed or construed to be a waiver by CDFW/USFWS/ACOE of such term or of any subsequent breach of the same or any other term of this Restrictive Covenant or of any of the rights of CDFW /USFWS/ ACOE under this Restrictive Covenant. No delay or omission by CDFW /USFWS/ ACOE in the exercise of any right or remedy upon any breach by Declarant shall impair such right or remedy or be construed as a waiver. (f) Acts Beyond Declarant's Control. Nothing contained in this Restrictive Covenant shall be construed to entitle CDFW/USFWS/ACOE to bring any action against Declarant for any injury to or change in the Restricted Property resulting from: (1) Any natural cause beyond Declarant's control, including without limitation, fire, flood, storm, and earth movement; or (2) Any prudent action taken by Declarant under emergency conditions to prevent, abate, or mitigate significant injury to persons and/or the Restricted Property resulting from such causes. 11 168-020-65-00, 168-040-02-00. (g) Notwithstanding the foregoing, even actions undertaken during emergency conditions must receive prior authorization from the City and Department of Army (through expedited procedures, if appropriate) if the action involves a discharge of dredged or fill material into jurisdictional waters of the United States and before any ground-disturbing activities occur in the Restricted Property. 10. Costs and Liabilities. Declarant, or its successor or assign retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Restricted Property. Declarant agrees CDFW, USFWS, and ACOE shall not have any duty or responsibility for the operation, upkeep, or maintenance of the Restricted Property, the monitoring of hazardous conditions thereon, or the protection of Declarant, the public or any third parties from risks relating to conditions on the Restricted Property. Declarant, its successor or assign remains solely responsible for obtaining any applicable governmental permits and approvals for any activity or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders and requirements. 11. Taxes, Declarant, its successors or assigns shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Restricted Property by competent authority, including any taxes imposed upon, or incurred as a result of, this Restrictive Covenant, and agrees to furnish CDFW, USFWS, and ACOE with satisfactory evidence of payment upon request. 12. No Hazardous Materials Liability. (a) Declarant represents and warrants that it has no knowledge of any release or threatened release of Hazardous Materials (defined below) in, on, under, about or affecting the Restricted Property. (b) Despite any contrary provision of this Restrictive Covenant, the parties do not intend this Restrictive Covenant to be, and this Restrictive Covenant shall not be, construed such that it creates in or gives CDFW, USFWS, and ACOE any of the following: (1) The obligations or liabilities of an "owner" or "operator," as those terms are defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or (2) The obligations or liabilities of a person described in 42 U.S.C. Section 9607(a)(3) or (4); or (3) The obligations of a responsible person under any applicable Environmental Laws; or 12 I 68-020-65-00, 168-040-02-00. (4) The right to investigate and remediate any Hazardous Materials associated with the Restricted Property; or (5) Any control over Declarant's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Restricted Property. (c) The term "Hazardous Materials" includes, without limitation, (a) material that is flammable, explosive or radioactive; (b) petroleum products, including by-products and fractions thereof; and ( c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA, the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.); the Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable federal, state or local laws, ordinances, rules, regulations or orders now in effect or enacted after the date of this Restrictive Covenant. (d) The term "Environmental Laws" includes, without limitation, any federal, state, local or administrative agency statute, ordinance, rule, regulation, order or requirement relatingto pollution, protection of human health or safety, the environment or Hazardous Materials. Declarant represents, warrants and covenants to CDFW, USFWS, and ACOE that activities upon and use of the Restricted Property by Declarant, its agents, employees, invitees and contractors will comply with all Environmental Laws. 13. Additional Easements, Declarant shall not grant any additional easements, rights of way or other interests in the surface or subsurface of the Restricted Property ( other than a security interest that is subordinate to this Restrictive Covenant), or grant or otherwise abandon or relinquish any water rights relating to the Restricted Property, without first obtaining the written consent of CDFW, USFWS, and ACOE. CDFW, USFWS, and/or ACOE may withhold such consent if it determines that the proposed interest or transfer is inconsistent with the Purpose of this Restrictive Covenant or will impair or interfere with the Conservation Values of the Restricted Property. This Section shall not prohibit transfer of a fee or leasehold interest in the Restricted Property that is subject to this Restrictive Covenant and complies with Section 16 below. Declarant, its successors and assigns shall record any additional easements or other interests in the Restricted Property approved by the CDFW, USFWS, and ACOE in the official records of San Diego County, California and provide a copy of the recorded document to CDFW, USFWS, and ACOE. 14. Amendment, Declarant may amend this Restrictive Covenant only after written concurrence byCDFW, USFWS, and ACOE. Any such amendment shall be consistent with the Purpose of this Restrictive Covenant and shall not affect its perpetual duration. Declarant shall record any amendments to this Restrictive Covenant approved by CDFW, USFWS, and ACOE in the official records of San Diego County, California, and shall provide a copy of the recorded document to CDFW, USFWS, and ACOE 13 168-020-65-00, 168-040-02-00. 15. Recordation, Declarant, its successor or assign shall promptly record this instrument in the official records of San Diego County, California, and provide a copy of the recorded document to CDFW, USFWS, and ACOE. 16. Assignment and SubseguentTransfers. (a) Declarant agrees to incorporate the terms of this Restrictive Covenant in any deed or other legal instrument by which Declarant divests itself of any interest in all or a portion of the Restricted Property. Declarant, its successor or assign agrees to (i) incorporate by reference to the title of and the recording information for this Restrictive Covenant in any deed or other legal instrument by which each divests itself of any interest in all or a portion of the Restricted Property, including, without limitation, a leasehold interest and (ii) give actual notice to any such transferee or lessee of the existence of this Restrictive Covenant. Declarant, its successor or assign agrees to give written notice to CDFW, USFWS, and ACOE of the intent to transfer any interest at least thirty (30) days prior to the date of such transfer. Any subsequent transferee shall be deemed to have assumed the obligations of this Restrictive Covenant and to have accepted the restrictions contained herein. The failure of Declarant, its successor or assign to perform any act provided in this Section shall not impair the validity of this Restrictive Covenant or limit its enforceability in anyway. (b) From and after the date of any transfer of all or any portion of the Restricted Property by Declarant and each transfer thereafter, (i) the transferee shall be deemed to have assumed all of the obligations of Declarant as to the portion transferred, as set forth in this Restrictive Covenant, (ii) the transferee shall be deemed to have accepted the restrictions contained herein as to the portion transferred, (iii) the transferor, as applicable, shall have no further obligations hereunder except for the obligations set forth above in this paragraph and pursuant to Section 23, and (iv) all references to Declarant in this Restrictive Covenant shall thereafter be deemed to refer to such transferee. 17. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and be served personally or sent by first class mail, postage prepaid, addressed as follows: To Declarant: To: [insert name and address] Department of Fish and Game, Region 5 3883 Ruffin Road San Diego, CA 92123 US Fish and Wildlife Service 2177 Salk Avenue, Suite 250 Carlsbad, CA 92009 FAX 760-431-5902 14 168-020-65-00, l 68-040-02-00. District Counsel U.S. Army Corps of Engineers 915 Wilshire Blvd, Room 1535 Los Angeles, CA 90017-3401 or to such other address as either party shall designate by written notice to the other. Notice shall be deemed effective upon delivery in the case of personal delivery or, in the case of delivery by first class mail, five (5) days after deposit into the United States mail. 18. Controlling Law. The laws of the United States and the State of California shall govern the interpretation and performance of this Restrictive Covenant. 19. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Restrictive Covenant shall be liberally construed in favor of the deed to effect the purpose of this Restrictive Covenant and the policy and purpose California Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Restrictive Covenant that would render the provision valid shall be favored over any interpretation that would render it invalid. 20. Severahility, If a court of competent jurisdiction voids or invalidates on its face any provision of this Restrictive Covenant, such action shall not affect the remainder of this Restrictive Covenant. If a court of competent jurisdiction voids or invalidates the application of any provision of this Restrictive Covenant to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. 21. No Forfeiture, Nothing contained herein will result in a forfeiture or reversion of Declarant's title in any respect. 22. Successors, The covenants, terms, conditions, and restrictions of this Restrictive Covenant shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Restricted Property. 15 168-020-65-00, 168-040-02-00. 23. Termination of Rights and Obligations. A party's rights and obligations under this Restrictive Covenant terminate upon transfer of the party's interest in the Restrictive Covenant or Restricted Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 24. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 25. CDFW, USFWS, and ACOE Benefited Parties Except for Section 22, the terms of this Restrictive Covenant are for the benefit of the City, CDFW, USFWS, and ACOE only and are not for the benefit of any other parties OF Declarant has executed this Restrictive Covenant the day and By:_-=-----:z~~"'----J.,.,,£.....L.......,_,_-=-~-~' /~ Name: _\<(:....,.__;~:;__ar_\J_,__l(\.._____,,._,(;(c'-""'--owfp~..;.......=cd_._____ Title: _C.,,,,......1&)\-'--"---+-_~-~~-,-;----a-\C __ Date: -~lo=-+l~l Ul--+-l 2-0~tJ___. __ By: ______________ _ Name: _______________ _ Title: _______________ _ Date: ________________ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By~/7.~<..c, d e Assisi:oHt City Attorney 16 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego before me, Morgen Fry, Notary Public (insert name and title of the officer) personally appeared :Ke.. Vi V\ Cra..lDfod , who proved to me on the basis of satisfactory evidence to be the person('s,) whose name('s.) is/Qt:Q subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/1:lor/tt-:ieir authorized capacity(tes+, and that by his/RerltAeir signature(~ on the instrument the personCS,l, or the entity upon behalf of which the person(~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. f ...... ;:'!~: ~:.:: ·1 ~~ Notary Public -California I z. San Diego County ~ t O O O O J:'J t°T"! == 8'8 t\2&1 d (Seal) 168-020-65-00, 168-040-02-00. STATE OF CALIFORNIA ) COUNTY OF ) ss. On~-------------" 200_, before me, the undersigned, a Notary Public in and for said State, personally appeared: [ ]Personally known to me -OR - [ ] Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies ), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public 17 168-020-65-00, 168-040-02-00. EXHIBIT A 18 VESTING: CITY OF CARLSBAD APN: 168-040-02 PLOT 1 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT D OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 1896 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271; THENCE NORTH 59°44'07" EAST 468.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°40'17 EAST 57.61 FEET; THENCE NORTH 43°27'21" EAST 29.28 FEET; THENCE NORTH 78°28'59" EAST 48.56 FEET; THENCE NORTH 30°30'13" WEST 31.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 5.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81 °03'45" AN ARC LENGTH OF 7.07 FEET; THENCE SOUTH 68°26'02" WEST 63.52 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 5.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38°50'12" AN ARC LENGTH OF 3.39 FEET; THENCE NORTH 72°43'46" WEST 59.68 FEET; THENCE NORTH 14°15'42" WEST 23.68 FEET; THENCE NORTH 44°40'07" WEST 25.16 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 5.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 94°36'36" AN ARC LENGTH OF 8.26 FEET; THENCE SOUTH 40°43'17" WEST 56.46 FEET; THENCE SOUTH 39°18'07" EAST 36.66 FEET; THENCE SOUTH 69°24'21" EAST 65.01 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 8,909 SQUARE FEET MORE OR LESS. PLOT2 THAT PORTION OF LOT D OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 1896 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271; THENCE NORTH 62°30'42" EAST 708.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 84°28'55" EAST 22.46 FEET; THENCE NORTH 36°45'53" EAST 96.30 FEET; THENCE NORTH 36°29'55" EAST 68.16 FEET; THENCE NORTH 38°33'23" WEST 42.21 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 5.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 107°39'51" AN ARC LENGTH OF 9.40 FEET; THENCE SOUTH 33°46'46" WEST 80.24 FEET; THENCE SOUTH 19°23'50" WEST 44.97 FEET; THENCE SOUTH 54°06'58" WEST 45.15 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 78°53'59" AN ARC LENGTH OF 6.89 FEET; THENCE SOUTH 24°47'01" EAST 27.59 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 7,282 SQUARE FEET MORE OR LESS. PLOT3 THAT PORTION OF LOT D OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 1896 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271; THENCE NORTH 44°43'59" EAST 1325.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 79°06'28" EAST 23.24 FEET; THENCE SOUTH 11°44'48" EAST 24.26 FEET; THENCE NORTH 69°24'11" EAST 43.17 FEET; THENCE NORTH 20°42'46" WEST 96.06 FEET; THENCE NORTH 07°19'12" WEST 44.41 FEET; THENCE NORTH 28°29'59" WEST 21.13 FEET; THENCE NORTH 60°05'12" WEST 14.34 FEET; THENCE SOUTH 80°01 '27" WEST 28.86 FEET; THENCE SOUTH 23°49'22" WEST 35.98 FEET; THENCE SOUTH 17°37'23"' EAST 39.03 FEET; THENCE SOUTH 15°13'41" EAST 46.07 FEET; THENCE SOUTH 19°56'02" EAST 38.17 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 9,935 SQUARE FEET MORE OR LESS. PLOT 5 THAT PORTION OF LOT D OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 1896 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271; THENCE NORTH 32°38'53" EAST 1528.64 FEET TO THE TRUE POINT OF BEGINNING; • THENCE SOUTH 41°24'08" EAST 65.88 FEET; THENCE SOUTH 58°03'33" EAST 94.45 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 129°28'43" AN ARC LENGTH OF 11.30 FEET; THENCE NORTH 07°32'16" WEST 72.71 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THOUGH A CENTRAL ANGLE OF 86°19'17" AN ARC LENGTH OF 7.53 FEET; THENCE SOUTH 86°08'27" WEST 36.91 FEET; THENCE NORTH 15°49'43" WEST 22.70 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 71°11'04" AN ARC LENGTH OF 6.21 FEET; THENCE NORTH 87°00'47" WEST 65.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 134°23'21" AN ARC LENGTH OF 11.73 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 6,850 SQUARE FEET MORE OR LESS. PLOTS THAT PORTION OF LOT D OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 1896 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271; THENCE NORTH 36°25'20" EAST 1412.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 50°30'27" WEST 21.49 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVINGA RADIUS OF 5.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 104°00'47" AN ARC LENGTH OF 9.08 FEET; THENCE NORTH 53°30'20" EAST 21.75 FEET; THENCE NORTH 06°03'45" WEST 31.22 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 94°48'02" AN ARC LENGTH OF 8.27 FEET; THENCE NORTH 88°44'17" EAST 37.60 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 5.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°46'04" AN ARC LENGTH OF 2.77 FEET; THENCE SOUTH 59°29'39" EAST 18.83 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 65°38'21" AND ARC LENGTH OF 5.73 FEET; THENCE SOUTH 06°08'42" WEST 29.80 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°38'58" AN ARC LENGTH OF 1.98 FEET; THENCE SOUTH 28°47'40" WEST 32.17 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 69°32'24" AN ARC LENGTH OF 6.07 FEET; THENCE NORTH 81°39'56" WEST 37.58 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4,470 SQUARE FEET MORE OR LESS. PLOT6 THAT PORTION OF LOT D OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 1896 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271; THENCE NORTH 32°13'16" EAST 1531.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87°00'47" EAST 80.47 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 68.06 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 78°56'16 EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37°28'51" AN ARC LENGTH OF 44.52 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 34°59'25" AN ARC LENGTH OF 12.21 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 29.52 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 73°12'01" AN ARC LENGTH OF 37.71 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 572.64 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°14'14" AN ARC LENGTH OF 72.33 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 122.90 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°46'03" AN ARC LENGTH OF 63.85 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 432.42 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°31'28" AN ARC LENGTH OF 117.17 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 8.70 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 172°51'24" AN ARC LENGTH OF 26.25 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 187.25 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °49'44" AN ARC LENGTH OF 38.66 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 94.85 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37°00'29" AN ARC LENGTH OF 61.26 FEET TO THE BEGINNING OF A NON-TANGENT REVERSE CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 198.38 FEET, A RADIAL LINE TO WHICH BEARS NORTH 59°24'56" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°58'25" AN ARC LENGTH OF 83.01 FEET; THENCE NON-TANGENT TO SAID CURVE, A RADIAL LINE TO WHICH BEARS NORTH 83°23'21" WEST, SOUTH 00°23'56" EAST 34.89 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1120.92 FEET, A RADIAL LINE TO WHICH BEARS NORTH 88°04'30" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6°18'01" AN ARC LENGTH OF 123.26 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 17,343 SQUARE FEET MORE OR LESS. PLOT? THAT PORTION OF LOT L OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 1896 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271; THENCE SOUTH 39°19'59" EAST 394.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 40°28'50" EAST 38.76 FEET; THENCE NORTH 32°53'39" EAST 29.65 FEET; THENCE NORTH 25°39'22" EAST 22.15 FEET; THENCE NORTH 59°14'55" WEST 16.62 FEET; THENCE SOUTH 29°00'47" WEST 52.17 FEET; THENCE SOUTH 16°51'08" WEST 38.90 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,188 SQUARE FEET MORE OR LESS. PLOT8 THAT PORTION OF LOT L OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 1896 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271; THENCE SOUTH 39°19'59" EAST 394.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 40°28'50" EAST 37.50 FEET; THENCE SOUTH 17°25'44" WEST 55.47 FEET; THENCE SOUTH 26°58'55" WEST 52.05 FEET; THENCE SOUTH 25°35'28" WEST 31.77 FEET; THENCE SOUTH 23°04'50" WEST 9.28 FEET; THENCE SOUTH 18°52'07" WEST 13.23 FEET; THENCE SOUTH 15°18'26" WEST 21.81 FEET; THENCE SOUTH 17°55'48" WEST 9.01 FEET; THENCE SOUTH 22°13'58" WEST 44.26 FEET; THENCE SOUTH 27°42'12" WEST 10.97 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 37.30 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64°25'51" AN ARC LENGTH OF 41.94 FEET; THENCE NORTH 15°03'38" EAST 15.62 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 19.44 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 04°25'48" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50°56'58" AN ARC LENGTH OF 17.29 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 31°46'04" EAST 10.47 FEET; THENCE NORTH 23°15'51" EAST 26.35 FEET; THENCE NORTH 21°13'13" EAST 25.71 FEET; THENCE NORTH 14°46'10" EAST 27.40 FEET; THENCE NORTH 20°15'54" EAST 15.73 FEET; THENCE NORTH 25°41'00" EAST 38.09 FEET; THENCE NORTH 26°56'56" EAST 54.67 FEET; THENCE NORTH 16°51'08" EAST 16.62 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 3,919 SQUARE FEET MORE OR LESS. ALL DISTANCES DESCRIBED HEREON ARE GRID DISTANCES (MULTIPLY BY 1.00005443296 FOR GROUND DISTANCES). ALL BEARINGS DESCRIBED HEREON ARE BASED UPON THE CALIFORNIA COORDIN.ATE SYSTEM, ZONE 6, NAD-83 (1991.35 EPOCH) AS SHOWN ON SAID RECORD OF SURVEY 17271. ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT '8'. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SIGNATURE~ L~ MICHAEL SCHLUMPBERGER, LS 7790 DATE ltpci I ?-0 U)(7 Page 9 of 9 168-020-65-00, 168-040-02-00 EXHIBITB 19 EXHIBIT 'B' CLSB-092 ROD IN WELL MONUMENT IN THE WEST END OF THE DAM FOR LAKE CALAVERA N 2007023.327' E 6244235.201' 1991.35 EPOCH AS SHOWN ON ROS 17271 CLSB-090 2-1/2" BRASS DISC STAMPED CLSB-090 LS6215 IN MEDIAN ISLAND CURB OF COLLEGE BOULEVARD 90' NORTH OF THE CENTER OF CARLSBAD VILLAGE DRIVE. N 2006420.205' E 6241736.598' 1991.35 EPOCH AS SHOWN ON ROS 17271 BEARINGS SHOWN HEREON ARE BASE ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, NAD 83 (1991.35 EPOCH) AS SHOWN ON ROS 17271 DISTANCES SHOWN HEREON ARE GRID DISTANCES, MULTIPLY BY 1.00005443296 FOR GROUND DISTANCES. CLSB-092 THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CO ORMANCE WIT THE PROFESSIONAL LAND SURVEYOR'S ACT. Ar, ZI Z&?/7 MICHAEL L. SCHLUMPBERGER, PLS 7790 PLOT 1 SHEET 2 HEET OPL T 5 5 PLOT 2 !) SHEET 3 ILJO)if [J) SCALE ~ PLOT 3 SHEET 4 1"=300' ASSESSOR'S PARCEL NO: 168-040-02 Right-Of-Way Engineering Services, Inc. __ ....,.....,;;;;... ..... ....,...,;,...,;,;;..;;;;.;;;...,;__,....,;,;...;;;;.,.........., ......... _,. 615 S. Tremont Street· Oceanside, CA 92054 CITY OF CARLSBAD, (760) 637-2700 FAX (760) 637-2701 File Name: Easement base map.dwg VESTING: CITY OF CARLSBAD Job No. 1505-0017-07 DATE: APRIL 21, 2017 SHEET 1 OF 7 CLSB-092 lli=94"36'3s· R=S.00' L=B.26' EXHIBIT 'B' PLOT 1 8,909 SQ.FT. SCALE 1·=30' saa·40•11·E s1.s1 • ASSESSOR'S PARCEL NO: 168-040-02 CITY OF CARLSBAD VESTING: CITY OF CARLSBAD DATE: MARCH 17, 2017 SHEET 2 OF 7 SCALE b:78"53'59" R=5.00' -~ L=S.89' EXHIBIT 'B' PLOT 2 7,282 SQ.FT. b:107"39'51" R=5.00' L=9.40' ASSESSOR'S PARCEL NO: 168-040-02 CITY OF CARLSBAD VESTING: CITY OF CARLSBAD DATE: MARCH 17, 2017 SHEET 3 OF 7 EXHIBIT 'B' NS0-05'12•w 14.34' PLOT 3 9,935 SQ.FT. SCALE 1·=30' ASSESSOR'S PARCEL NO: 168-040-02 CITY OF CARLSBAD VESTING: CITY OF CARLSBAD DATE: MARCH 17, 2017 SHEET 4 OF 7 0 ,.., II • ~ < (.) Cl) CLSB-092 6=104"00'47" R=5.00' L=9.08' EXHIBIT 'B' SEE SHEET 6 6=34"59'25"---~ R=20.00' L=12.21' PLOT 6 17,343 SQ.FT. C1 fF134 °23'21 H R=5.00' L=11.73' PLOT 5 4,470 SQ.FT. PLOT 4 6,850 SQ.FT. 6=65"38'21" R=5.00' L=5.73' 6=86i9'17" R=5.00' L=7.53' 6=129"28' 42" R=5.00' L=11.30' '\ £.~'t.-~-'t.-~s_,,,... "G't.-;..---• <:,v _,,,,.. \":>0.,,,..-/ X, 0~ / -{ 0~.,,,..-/ '\''0 't,.?-';,,-/ o0 _,,,,.. ~ _,,,..-150' WIDE EASEMENT TO SDGE _,,,..-_,,,..-RECORDED MAY 20, 1953 IN _,,,... _,,,,.. BOOK 4861 PAGE 47 O.R. 6=69"32'24" PLOTTED LOCATION DOES NOT ,, , FALL IN THE PHYSICAL LOCATION / R=5.00 OF THE EXISTING POWER LINES _,,,,.. _,,,..-L=6.07' EASEMENT HAS BEEN CENTERED _,,,,.. _,,,,.. ON THE EXISTING POWER LINES. ,,, _,,,... _,,,... ASSESSOR'S PARCEL NO: 168-040-02 CITY OF CARLSBAD VESTING: CITY OF CARLSBAD DATE: MARCH 17, 2017 SHEET 5 OF 7 EXHIBIT 'B' A=11"49'44" R=187.25' L=38.66' A=172"51'24" R=B.70' L=26.25' PLOT 6 17,343 SQ.FT. t SEE SHEET 5 A=73i2'01" R=29.52' L=37.71' SCALE 1"=40' ASSESSOR'S PARCEL NO: 168-040-02 CITY OF CARLSBAD VESTING: CITY OF CARLSBAD DATE: MARCH 17, 2017 SHEET 6 OF 7 EXHIBIT 'B' CLSB-092 N5914'ss·w ~---,. 16.62' SCALE 1·=30' N31"46'04•E 10.47' S04"25' 48.E (R) SEE BELOW PLOT 7 1,188 SQ.FT. N15·s1 '08·E 16.62' PLOT 8 3,919 SQ.FT. • ,,¼ ~ Q;) • ,ltj :'~ ~ 1/ t1 SEE ABOVE LINE TABLE LINE BEARING LENGTH L1 38.76' L2 37.50' CURVE TABLE CURVE DELTA RADIUS LENGTH s23-04'so·w 9.28' s15·s2·orw 13.23' s1s18'25•w 21.81' s11·ss•45•w 9.01' C1 64"25's1· 37.30' 41.94' C2 so·s5•55• 19.44' 17.29' ASSESSOR'S PARCEL NO:168-O40-O2 CITY OF CARLSBAD VESTING: CITY OF CARLSBAD DATE: MARCH 17, 2017 SHEET 7 OF 7 168-020-65-00, 162-040-02-00 EXHIBITC 20 ..@Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00066116-993-SD2-CFU Right of Way Engineering Services 615 South Tremont St. Oceanside, CA 92054 ATTN: Michael Schlumpberger Email: mikes@roweng.net Ref: APN: 168-020-65 Escrow/Customer Phone: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@ctt.com PROPERTY: APN: 168-020-65, CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner 's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Nebraska Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company By ~ By:--~------ Randy Quirk. Pmrid,nl Attest Authorized Signature Michael Gr .. ello. Sec..iary CL TA Preliminary Report Form -Modified (11/17 /06) Page 1 -@Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone:· (619) 521-3500 • Fax: (619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE: December 20, 2016 at 7:30 a.m. ORDER NO.: 00066116-993-SD2-CFU The form of policy or policies of title insurance contemplated by this report is: A Preliminary Report Only 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY nns REPORT IS: AFEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: THE CITY OF CARLSBAD, a political corporation and/or governmental agency 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form-Modified (11/17/06) Page2 PRELIMINARY REPORT YOURREFERENCE: APN: 168-020-65 EXIDBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00066116-993-S02-CFU THE LAND REFERRED TO HEREIN BELOW IS SITUAIBD IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STA 1E OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL l: APN 168-020-13 (OLD) THAT PORTION OF LOT "D" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILE DIN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT "L" OF SAID RANCHO AGUA HEDIONDA; THENCE NORTH 89°43'40" WEST ALONG THE NORTHERLY LINE OF SAID LOT "L" 1323.42 FEET TO THE NORTH AND SOUTH CENTER LINE OF THE SOUTHEAST QUARIBR OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO lMERIDIAN, AS SAID SECTION IS SHOWN ON SAID MAP NO. 823; THENCE NORTH 0°10'20" WEST ALONG SAID CENIBR LINE 1362.40 FEET; THENCE SOUTH 70°39' EAST 289.67 FEET; THENCE NORTH 65°41' EAST 494.40 FEET; THENCE NORTH 53°33' EAST 240.75 FEET; THENCE NORTH 1°32' EAST 76.50 FEET THENCE NORTH 78°3 l' EAST 186.23 FEET; THENCE SOUTH 75°29' EAST 230.15 FEET TO A POINT IN THE EAST LINE OF SAID SECTION 34; THENCE ALONG SAID EASIBRL Y LINE SOUTH 0°06' EAST 1676.30 FEET TO THE POINT OF BEGINNING. PARCEL 2: APN 168-020-19 (OLD) ALL THAT PORTION OF LOT "D" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STAIB OF CALIFORNIA, ACCORDING TO THE PARTITION MAP OF SAID RANCHO MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A GRANIIB STONE SET WITHIN THE GRANT FOR THE COMMON SOUTHERLY CORNER OF SECTION 34 AND 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO lMERIDIAN, THENCE NORTHERLY ALONG THE LINE BETWEEN SAID SECTION 34 AND 35, 2295 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF THAT PROPERTY CONVEYED BY CHESIBR GUNN AND ELIZABETH GUNN TO GEO, L. GUNN AND CHESIBR D. GUNN, AND RECORDED NOVEMBER 6, 1920 IN BOOK 829, PAGE 314 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE FOLLOWING THE BOUNDARY OF SAID PROPERTY EASIBRL Y 1319 FEET TO AN ANGLE POINT THEREIN; THENCE NORTHERLY ALONG THE BOUNDARY SAID LAND 857 FEET; THENCE EASTERLY 1320 FEET MORE OR LESS TO A POINT IN THE NORTH AND SOUTH CENIBR LINE OF SAID SECTION 36, BEING THE WEST LINE OF LOT "C" OF THE RANCHO AGUA HEDIONDA AS SHOWN ON SAID MAP NO. 823, WHICH IS THE SOUTHEAST CORNER OF THE ABOVE MENTIONED PARCEL OF LAND CONVEYED TO GEO L. GUNN AND CHESIBR D. GUNN; THENCE SOUTHERLY ALONG SAID LAST lMENTIONED LINE TO THE SOUTH QUARIBR CORNER OF SAID SECTION 35; THENCE WESIBRL Y ALONG THE SOUTH LINE OF SAID SECTION 35, 2656 FEET MORE OR LESS TO THE POINT OF BEGINNING; EXCEPTING THEREFROM IHA T PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARIBR CORNER OF FRACTIONAL SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS SAID SECTION IS SHOWN ON SAID MAP; THENCE SOUTH 0°14' WEST 2125.80 FEET ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 PRODUCED WITHIN THE GRANT TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEORGE L. GUNN AND CHESTER D. GUNN BY DEED RECORDED NOVEMBER 6, 1920 IN BOOK 829, PAGE 314 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE SOUTH 74°39' WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 18°27' EAST 267.00 FEET; THENCE SOUTH 54°42'40" WEST 308.62 FEET; THENCE NORTH 20°12' WEST 263.96 FEET; THENCE NORTH 54°35' EAST 317.15 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: APN 168-020-12 (OLD) CLTA Preliminary Repo1t Form-Modified (11/17/06) Page3 PRELIMINARY REPORT YOUR REFERENCE: APN: 168-020-65 EXHIBIT A (Continued) Chicago Title Company ORDER NO.: 00066116-993-SD2-CFU ALL THAT PORTION OF LOT "D" OF 1HE RANCHO AGUA HEDIONDA, IN 1HE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO 1HE PARTITION MAP OF SAID RANCHO MAP NO. 823, FILED IN 1HE OFFICE OF 1HE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEO. L. GUNN AND CHESTER D. GUNN, AND RECORDED NOVEMBER 6, 1920 IN BOOK 829, PAGE 314 OF DEEDS, RECORDS OF SAID COUNTY, SAID POINT BEING IN 1HE LINE BETWEEN SECTIONS 34 AND 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN AND BASE; SAID POINT BEING SOUTIIERLY 2951.5 FEET FROM 1HE NORTHWEST CORNER OF SAID SECTION 35; THENCE NORTHERLY ALONG 1HE WEST LINE OF SAID SECTION 35,331.06 FEET MORE OR LESS, TO 1HE WEST QUARTER CORNER OF SAID SECTION 35; TIIENCE EASTERLY ALONG 1HE EAST AND WEST CENTER LINE OF SAI9D SECTION 35, 1319 FEET MORE OR LESS TO 1HE ITS INTERSECTION WITH AN EASTERLY BOUNDARY OF 1HE ABOVE INTERSECTION WITH AN EASTERLY BOUNDARY OF 1HE ABOVE MENTIONED PARCEL OF LAND CONVEYED TO GEO. L. GUNN AND CHESTER D. GUNN; TIIENCE SOUTHERLY 336.12 FEET MORE OR LESS ALONG 1HE BOUNDARY OF 1HE LAND SO CONVEYED, TO A SOUTIIEAST CORNER THEREOF; THENCE THE FOLLOWING 1HE SOUTHERLY BOUNDARY OF SAID LAND WESTERLY 1319 FEET MORE OR LESS TO THE POINT OF BEGINNING. PARCEL 4: APN 168-020-18 (OLD) THAT PORTION OF THE LAND HEREIN DESCRIBED WHICH LIES WESTERLY OF A LINE DRAWN PARALLEL WITH AND 100 FEET AT RIGHT ANGLES EASTERLY FROM THE WESTERLY BOUNDARY LINE OF SAID FOLLOWING DESCRIBED PARCEL OF LAND: ALL THAT PORTION OF LOT "D", RANCHO AGUA HEDIONDA, IN 1HE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TIIEREOF NO. 823, FILED IN THE OFFICE OF 1HE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT 1HE NORTH QUARTER OF FRACTIONAL SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SAID SECTION IS SHOWN ON SAID MAP NO. 823; TIIENCE SOUTH 0°14' WEST 2125.80 FEET ALONG 1HE NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 PRODUCED WITHIN 1HE GRANT TO 1HE SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND LIZABETH GUNN TO GEORGE L. GUNN AND CHESTER D. GUNN, BY DEED RECORDED NOVEMBER 6, 1920 IN BOOK 829, PAGE 314 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE SOUTH 74°39' WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 18°27' EAST 267.00 FEET; THENCE SOUTH 54°42'40" WEST 308.62 FEET; TIIENCE NORTH 20°12' WEST 263.96 FEET; TIIENCE NORTH 54°35' EAST 317.15 FEET TO 1HE TRUE POINT OF BEGINNING. PARCEL 5: APN 168-020-17 (OLD) ALL THAT PORTION OF LOT "D" OF 1HE RANCHO AGUA HEDIONDA, IN 1HE COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN 1HE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1896 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF FRACTIONAL SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; TIIENCE SOUTH 00°14'00" WEST 2125.80 FEET ALONG NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 PRODUCED WITHIN THE GRANT TO SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEORGE L., GUNN AND CHESTER D. GUNN BY DEED RECORDED NOVEMBER 6, 1920 IN BOOK 829. PAGE 314 OF DEEDS; TIIENCE SOUTH 74°39'00" WEST 819.33 FEET TO 1HE TRUE POINT OF BEGINNING; THENCE SOUTH CLTA Preliminary Report Form-Modified (l 1/17/06) Page4 PRELIMINARY REPORT YOUR REFERENCE: APN: 168-020-65 EXHIBIT A (Continued) Chicago Title Company ORDER NO.: 00066116-993-SD2-CFU 18°27'00" EAST 267.00 FEET; TIJENCE SOUTH 54°42'40" WEST 303.62 FEET; THENCE NORTH 20°12'00" WEST 263.96 FEET; THENCE NORTH 54°35'00" EAST 317.15 FEET TO THE TRUE POINT OF BEGINNlNG. EXCEPTING THEREFROM THAT PORTION OF ABOVE DESCRIBED PARCEL LYING BETWEEN WESTERLY BOUNDARY THEREOF AND A LINE DRAWN PARALLEL Willi AND 100.00 FEET MEASURED AT RIGHT · ANGLES EASTERLY FROM SAID WESTERLY BOUNDARY. CLTA Preliminary Report Form-Modified (11/17/06) Page 5 PRELIMINARY REPORT YOURREFERENCE: APN: 168-020-65 Chicago Title Company ORDER NO.: 00066116-993-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. B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occuning prior to Date of Policy. 1. Rights and easements for navigation and fishery which may exist over that portion of said Land lying beneath the waters of Calavera Lake. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: The Vista Irrigation District pipe lines October 6, 1925 Book 1122, page 324 of Deeds Parcel 5 3. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to tl1ose based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set fortl1 in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: August 5, 1930 Recording No: Book 1799, page 149 of Deeds Affects: Parcel 7 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording No: Affects: San Diego Consolidated Gas and Electric Company public utilities, ingress, egress Book 1566, page 21 of Deeds Parcel 8 herein described 5. Easement(s) for the purpose(s) shown below and lights incidental thereto, as granted in a document: Granted to: Purpose: Recording No: Affects: Citizens National Trust and Savings Bank of Los Angeles pipeline Book 1806, page 184 of Deeds Parcels 8 and 9 CLTA Preliminary Report Form -Modified (l l/17/06) Page6 PRELIMINARY REPORT YOUR REFERENCE: APN: 16&-020-65 Chicago Title Company ORDER NO.: 000661 l 6-993-SD2-CFU EXCEPTIONS (Continued) 6. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: August 5, 1930 Recording No: Book 1806, page 186 of Deeds Affects: Parcel.5 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording No: Affects: San Diego Consolidated Gas and Electric Company, a corporation public utilities, ingress, egress Book 1566. page 22 of Deeds Parcel 9 8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date; Recording No: Affects: Citizens National Trust and Savings Bank pipe lines December 10, 1932 Book 184. page 33 of Official Records Parcel 4 9. Easement(s) for the purpose(s) shovm below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording No: Affects: San Diego Gas and Electric Company public utilities, ingress, egress Book 1118, page 495 of Official Records Parcel 8 10. Water rights, claims or title to water, whether or not disclosed by the public records. 11. Matters which may be disclosed by an inspection and/or by a correct AL TA/NSPS Land Title Survey of said Land that is satisfactmy to the Company, and/or by inquiry of the parties in possession thereof. CLTA Preliminary Report Form -Modified ( 11/17 /06) Page 7 PRELIMINARY REPORT YOUR REFERENCE: APN: 168-020-65 EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00066116-993-S02-CFU 12. Any rights of the parties in possession of a p01tion 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 CL TA Preliminary Report Form -Modified ( 11/17 /06) Page8 PRELIMINARY REPORT YOURREFERENCE: APN: 168-020-65 None REQUIREMENTS SECTION END OF REQUIREMENTS CLTA Preliminary Report Fonn -Modified (11/17/06) Chicago Title Company ORDER NO.: 00066116-993-SD2-CFU Page9 PRELIMINARY REPORT YOUR REFERENCE: APN: 168-020-65 INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00066116-993-SO2-CFU 1. None of the items shown in this report will cause the Company to decline to attach CL TA 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 Fo1m 116 indicating that there is located on said Land Commercial properties, known as APN: 168-020-65, 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 otl1er provisions pertaining to your Title Insurance coverage. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/gp CLTA Preliminary Repo1t Form-Modified (11/17/06) Page 10 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF", "our" or ''we"), we value the privacy of our customers. This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information. A summary of our privacy practices is below. We also encourage you to read the complete Privacy Notice following the summary. Types of Information Collected. You may provide us with certain personal information, like your contact information, social security number (SSN), driver's license, other government ID numbers, and/or financial information. We may also receive information from your Internet browser, computer and/or mobile device. Use of Your Information. We may use your information to provide products and services to you ( or someone on your behalf), to improve our products and services, and to communicate with you about our products and services. We do not give or sell your personal information to paities outside of FNF for their use to market their products or services to you. Choices With Your Information. Your decision to submit personal information is entirely up to you. You can opt-out of certain disclosures or use of your information or choose to not provide any personal information to us. Information From Children. We do not knowingly collect information from children under the age of 13, and our websites are not intended to attract children. Access and Correction. If you desire to see the information collected about you and/or correct any inaccuracies, please contact us in the manner specified in this Privacy Notice. The California Online Privacy Protection Act. Certain FNF websites collect information on behalf of mortgage 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 and using our websites, you are accepting and agreeing to the terms of this Privacy Notice. FNF Privacy Notice Effective: April 1, 2016 How Information is Collected. We may collect personal information directly from you from applications, forms, or communications we receive from you, or from other sources on your behalf, in connection with our provision of products or services to you. We may also collect browsing information from your Internet browser, computer, mobile device or similar equipment. This browsing information is generic and reveals nothing personal about the user. Security Of Your Information. We utilize a combination of security technologies, procedures and safeguards to help protect your information from unauthorized access, use and/or disclosure. We communicate to our employees about the need to protect personal information. When We Share Information. We may disclose your information to third parties providing you products and services on our behalf, law enforcement agencies or governmental authorities, as required by law, and to parties with whom you authorize us to shai·e your inf01mation. Privacy Outside the Website. We are not responsible for the privacy practices of third parties, even if our website links to those parties' websites. Do Not Track Disclosures. We do not recognize "do not track" requests from Internet browsers and similar devices. International Use. By providing us with your information, you consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Contact FNF. If you have questions or wish to contact us regarding this Privacy Notice, please use the contact information provided at the end of this Privacy Notice. FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE FNF respects and is committed to protecting your privacy. We pledge to take reasonable steps to protect your Personal Info1mation (as defined herein) and to ensure your information is used in compliance with this Privacy Notice. This Privacy Notice is only in effect for information collected and/or owned by or on behalf of FNF, including collection through any FNF website or online services offered by FNF (collectively, the "Website"), as well as any infonnation collected offline (e.g., paper documents). The provision of this Privacy Notice to you does not create any express or implied relationship, nor create any express or implied duty or other obligation, between FNF and you. Types of Information Collected We may collect two types of information: Personal Information and Browsing lnfo1mation. Personal lnfo1mation. The types of personal information FNF collects may include, but are not limited to: _ contact infonnation (e.g., name, address, phone number, email address); • social security number (SSN), driver's license, and other government ID numbers; and • financial account or loan information. Browsing Information. The types of browsing information FNF collects may include, but are not limited to: Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; • browser language; browser type; domain name system requests; • browsing history; • number of clicks; • hypertext transfer protocol headers; and application client and server banners. _ How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: • applications or other forms we receive from you or your authorized representative, whether electronic or paper; • communications to us from you or others; information about yow· transactions with, or services performed by, us, our affiliates or others; and information from consumer or other reporting agencies and public records that we either obtain directly from those entities, or from our affiliates or others. We may collect Browsing Information from you as follows: Browser Log Files. Our se1vers automatically log, collect and record certain Browsing Info1mation about each visitor to the Website. The Browsing Information includes only generic information and reveals nothing personal about the user. Cookies. From time to time, FNF may send a "cookie" to your computer when you visit the Website. A cookie is a FNF Privacy Notice Effective: April 1, 2016 small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit the Website again, the cookie allows the Website to recognize your computer, with the goal of providing an optimized user experience. Cookies may store user preferences and other information. You can choose not to accept cookies by changing the settings of your Internet browser. If you choose not to accept cookies, then some functions of the Website may not work as intended. Use of Collected Information Information collected by FNF is used for three main purposes: To provide products and services to you, or to one or more third party service providers who are performing se1vices on your behalf or in connection with a transaction involving you; To improve our products and services; and To communicate with you and to inform you about FNF's products and services. When We Share Information We may share your Personal Information (excluding info1mation we receive from consumer or other credit reporting agencies) and Browsing Information with certain individuals and companies, as permitted by law, without first obtaining your authorization. Such disclosures may include, without limitation, the following: to agents, representatives, or others to provide you with services or products you have requested, and to enable us to detect or prevent criminal activity, fraud, or material misrepresentation or nondisclosure; to third-party contractors or service providers who provide services or pe1form other functions on our behalf; to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or to other parties authorized to receive the info1mation in connection with services provided to you or a transaction involving you. We may disclose Personal Infom1ation and/or Browsing Information when required by Jaw or in the good-faith belief that such disclosure is necessary to: comply with a legal process or applicable laws; enforce this Privacy Notice; • investigate or respond to claims that any info1mation provided by you violates the rights of a third party; or protect the rights, property or personal safety of FNF, its users or the public. We make efforts to ensure third party contractors and se1vice providers who provide services or pe1fonn functions on our behalf protect your information. We limit use of your information to the purposes for which the information was provided. We do not give or sell your information to third parties for their own direct marketing use. We reserve the right to transfer your Personal Information, Browsing Information, as well as any other infom1ation, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of this information in connection with any of the above-described proceedings. We cannot and will not be responsible for any breach of security by any third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit your information to FNF is entirely up to you. If you decide not to submit your information, FNF may not be able to provide certain products or services to you. You may choose to prevent FNF from using your information under certain circumstances ("opt out"). You may opt out of receiving communications from us about our products and/or services. Security And Retention Oflnformation FNF is committed to protecting the info1mation you share with us and utilizes a combination of security technologies, procedures and safeguards to help protect it from unauthorized access, use and/or disclosure. FNF trains its employees on privacy practices and on FNF's privacy and information security policies. FNF works hard to retain information related to you only as long as reasonably necessaiy for business and/or legal purposes. Information From Children The Website is meant for adults. The Website 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 of thirteen (13) without permission from a parent or guardian. Privacy Outside the Website The Website may contain links to other websites, including links to websites of third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users Because FNF's headquarters is located in the United States, we may transfer your Personal Information and/or Browsing lnfoimation to the United States. By using our website and providing us with your Personal Information and/or Browsing lnfon11ation, you understand and consent to the transfer, processing and storage of such information outside your countly of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Do Not Track Disclosures Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. The California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those FNF Privacy Notice Effective: April l, 2016 instances, we may collect certain information on behalf of that mortgage loan servicer, including: first and last naine; prope1ty address; • user naine and password; loan number; • social security number -masked upon entry; email address; security questions and answers; and • IP address. The information you submit is then transferred to your m01igage 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 patiies, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. 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 yow· personal information or how to access or correct your personal infom1ation, contact your mortgage loa11 servicer. Access and Conection To access your Personal Information in the possession of FNF and correct any inaccuracies, please contact us by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside A venue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of information by FNF in compliance with this Privacy Notice. We reserve the right to make changes to this Privacy Notice. If we change this Privacy Notice, we will post the revised version on the Website. ContactFNF Please send questions and/or comments related to tl1is Privacy Notice by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside A venue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2016. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF APRIL I, 2016 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 of one or more of the 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 Fan1ily of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY 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 p011ion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following tinle period from the date of the repm1. 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 of the date of a declaration of a disaster area by the government of the 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 n01mal 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 RA TE (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 Effective 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 of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which aiise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a pw-chaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; ( c) resulting in no loss or dan1age to the insured claimaJ.tt; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien ofthe insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mo1igage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation offederal 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 Compai1y will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or clainls thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in ai·ea, encroachments, or any other facts which a con-ect 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: l. Governmental police power, and the existence or violation of those portions of any law or govenunent regulation concerning: a. building; b. zoning; c. land use; d. · improvements on the Land; e. land division; aJ.1d f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or"27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordaJ.1ce with applicable building codes. Tiiis 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-I 4) CA & NV c. that result in no loss to You; or d. that first occur aftet 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 ofa right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer oftl1e 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: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 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, pennit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insw·ed Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insw-ed Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or ( e) resulting in loss or damage that would not have been sustained if the Insw·ed Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mo1tgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in prut of the lien of the Insured Mmtgage 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 clain1, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the trru1saction creating the lien of the Insured Mortgage, is ( a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date ofrecording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy fonn 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 ll,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that ru·ise by reason of: Attachment One (6-5-14) CA & NV (PARTI (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 of such agency or by the Public Records. 2. Any facts., rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whetl1er or not tlte 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. 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 of the 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 of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit die coverage provided under Covered Risk 5. (b) Any governmental police power. Titis Exclusion l(b) does not modify or Iin1it the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to tlte Company by tlte Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or ( e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any clain1, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, tlte Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: l. (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 tl1at may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and tliat 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 se1vices, labor or material not shown by tl1e Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) Attachment One(6-5-14) CA &NV ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or ( e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insmed 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 of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any 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 ll(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, eaithquake, 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 ~Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00066115-993-SD2-CFU Right of Way Engineering Services 615 South Tremont St. Oceanside, CA 92054 ATTN: Michael Schlumpberger Email: mikes@roweng.net Ref: APN: 168-040-02 Escrow/Customer Phone: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@ctt.com PROPERTY: APN: 168-040-02, CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed E.xceptions and E.xclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner 's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Nebraska Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company 8y ~ By: __ ___,_ ____ _ Randy Quirk. Pfetttlent Attest Authorized Signature l.ricbael Gravelle. Secrotary CL TA Preliminary Report Form -Modified ( 11 /17 /06) Page 1 ~Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE: December 23, 2016 at 7:30 a.m. ORDER NO.: 00066115-993-SD2-CFU The form of policy or policies of title insurance contemplated by this report is: A Preliminary Report Only 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE 2. TITLE TO SAID ESTA TE OR INTEREST AT THE DATE HEREOF IS VESTED IN: THE CITY OF CARLSBAD, a political corporation and/or governmental agency 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form -Modified (11/17/06) Page2 PRELIMINARY REPORT YOUR REFERENCE: APN: 168-040-02 EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDERNO.: 00066115-993-8D2-CFU 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: THAT PARCEL OF LAND DESCRIBED AS PARCEL 11 IN DEED TO CITY OF CARLSBAD RECORDED DECEMBER 8, 1958 AS INSTRUl'vfENT NO. 205757 OF OFFICIAL RECORDS IN BOOK 7386. PAGE 341 AND DESCRIBED AS FOLLOWS: ALL THOSE PORTIONS OF LOTS "D" AND "L" OF THE RANCHO AQUA HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE COUNTY RECORDER'S OFFICE NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT "L"; WHENCE THE NORTHEAST CORNER OF SAID LOT "L" BEARS SOUTH 89°44' EAST 13.23 FEET; THENCE NORTH 0°10'20" WEST 72.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88°25'20" WEST 269.25 FEET; THENCE SOUTH 52°18'40" WEST 85.89 FEET; THENCE SOUTH 13°55'40" WEST 131.35 FEET; THENCE SOUTH 58°05'40" WEST 123.70 FEET; THENCE SOUTH 20°30'40" WEST 90.20 FEET; THENCE SOUTH 47°33'30" WEST 346.14 FEET; THENCE NORTH 58°19'20" WEST 708.04 FEET; THENCE NORTH 15°07'40" EAST 352.94 FEET; THENCE NORTH 58°55'10" EAST 133.68 FEET; THENCE NORTH 12°59'10" EAST 98.60 FEET; THENCE NORTH 29°04'20" WEST 327.22 FEET; THENCE NORTH 8°53'20" WEST 203.55 FEET; THENCE NORTH 7°09'10" EAST 191.00 FEET; THENCE SOUTH 81°59'20" EAST 97.10 FEET; THENCE SOUTH 43°39'50" EAST 154.05 FEET; THENCE SOUTH 80°11'50" EAST 119.10 FEET; THENCE SOUTH 10°57' EAST 66.52 FEET; THENCE SOUTH 60°20' EAST BI.IS FEET; THENCE SOUTH 72°50' EAST 179.60 FEET; THENCE NORTH 34°41' EAST 151.65 FEET; THENCE NORTH 6°27' EAST 213.52 FEET; THENCE NORTH 66°43' EAST 104.52 FEET; THENCE NORTH 23°05' EAST 178.00 FEET; THENCE NORTH 6°23' EAST 454.00 FEET; THENCE NORTH 55°14' EAST 224.10 FEET; THENCE SOUTH 14°43' EAST 198.05 FEET; THENCE SOUTH 20°46' EAST 329.80 FEET; THENCE SOUTH 0°10'20" EAST 1290.76 FEET TO THE TRUE POINT OF BEGINNING. APN: OLD 1681-040-02; NEW 168-041-19 CLTA Preliminary Report Form -Modified (11/17/06) Page3 PRELIMINARY REPORT YOURREFERENCE: APN: 168-040-02 Chicago Title Company ORDER NO.: 00066115-993-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 exempt. B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to tl1e vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Rights and easements for navigation and fishery which may exist over that p011ion of said land lying beneath the waters of Calavera Lake. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company, a corporation public utilities, ingress, egress May 20, 1953 Book 4861, page 4 7 as Instrument No. 69302 of Official Records A portion of the Land described herein. 3. The fact said land is shown on Record of Survey Map No. 12939 recorded October 25, 1990. 4. Water rights, claims or title to water, whether or not disclosed by the public records. 5. Matters which may be disclosed by an inspection and/or by a cotTect ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inqui1y of the parties in possession thereof. 6. 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) Page4 PRELIMINARY REPORT YOURREFERENCE: APN: 168-040-02 REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 00066115-993-SD2-CFU l. This Company will require evidence of compliance with the statutory limitations incident to the governmental agency named below, with reference to any conveyance of an interest in the Land this Company will be asked to record and/or rely upon in the issuance of any fotm of title insurance. Governmental agency: The City of Carlsbad, a political corporation and/or governmental agency END OF REQUIREMENTS CLTA Preliminary Report Form-Modified (l l/l 7/06) Page 5 PRELIMINARY REPORT YOURREFERENCE: APN: 168-040-02 INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00066115-993-8D2-CFU I. None of the items shown in this report will cause the Company to decline to attach CL TA Endorsement Form I 00 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 APN: 168-040-02, 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. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/gp CLTA Preliminary Report Form -Modified (11/17/06) Page6 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF", "our" or "we"), we value the privacy of our customers. This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information. A summary of our privacy practices is below. We also encourage you to read the complete Privacy Notice following the summary. Types of Information Collected. You may provide us with certain personal information, like your contact information, social security number (SSN), driver's license, other government ID numbers, and/or financial information. We may also receive information from your Internet browser, computer and/or mobile device. Use of Your Information. We may use your information to provide products and services to you ( or someone on your behalf), to improve our products and services, and to communicate with you about our products and services. We do not give or sell your personal information to patties outside of FNF for their use to market their products or services to you. Choices With Your Information. Your decision to submit personal information is entirely up to you. You can opt-out of certain disclosures or use of your information or choose to not provide any personal information to us. Information From Children. We do not knowingly collect information from children under the age of 13, and our websites are not intended to attract children. Access and Correction. If you desire to see the information collected about you and/or correct any inaccuracies, please contact us in the manner specified in this Privacy Notice. The California Online Privacy Protection Act. Certain FNF websites collect information on behalf of mortgage loan servicers. The mo1tgage 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 and using our websites, you are accepting and agreeing to the terms of this Privacy Notice. FNF Privacy Notice Effective: April 1, 2016 How Information is Collected. We may collect personal information directly from you from applications, forms, or communications we receive from you, or from other sources on your behalf, in connection with our provision of products or services to you. We may also collect browsing information from your Internet browser, computer, mobile device or similar equipment. This browsing information is generic and reveals nothing personal about the user. Security Of Your Information. 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By providing us with your infonnation, you consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Contact FNF. If you have questions or wish to contact us regai·ding this Privacy Notice, please use the contact information provided at the end of this Privacy Notice. FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE FNF respects and is committed to protecting your privacy. We pledge to take reasonable steps to protect your Personal Information (as defined herein) and to ensure your information is used in compliance with this Privacy Notice. This Privacy Notice is only in effect for information collected and/or owned by or on behalf of FNF, including collection through any FNF website or online se1vices offered by FNF (collectively, the "Website"), as well as any information collected offline (e.g., paper documents). 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The California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those FNF Privacy Notice Effective: April I, 2016 instances, we may collect ce1iain information on behalf of that mortgage loan servicer, including: • first and last name; • property address; user name and password; • loan number; • social security number -masked upon entry; • email address; security questions and answers; and • IP address. The infonnation you submit 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 those with which the mortgage loan servicer has contracted to interface with the CCN application. 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 yow· personal information or how to access or correct your personal information, contact your mortgage loan servicer. Access and Correction To access your Personal Information in the possession of FNF and correct any inaccuracies, please contact us by email at plivacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Your Consent To This Privacy Notice By submitting Personal Infonnation and/or Browsing Infonnation to FNF, you consent to the collection and use of information by FNF in compliance with this Privacy Notice. We reserve the right to make changes to this Privacy Notice. If we change this Privacy Notice, we will post the revised version on the Website. ContactFNF Please send questions and/or comments related to this Privacy Notice by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside A venue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2016. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF APRIL 1, 2016 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 of one or more of the 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. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original repmi 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 of the 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 of the date of a declaration of a disaster area by the government of the 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 RA TE (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 Effective Date: l-10-2010 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay Joss or damage, costs, attorneys' fees or expenses which &ise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these Jaws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claim&1t; (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 beclll11e an insured under this policy; (c) resulting in no loss or dlll11age to the insured claimant; (d) attaching or created subsequent to Date of Policy; or ( e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in tl1e insured tl1e estate of interest insured by this policy or the trllllsaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against Joss 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 lilly taxing autllority tllat levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whetller or not shown by tile records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by lll1 inspection of the land or which may be asserted by persons in possession tllereof. 3. Easements, liens or encumbrances, or claims tl1ereof, not shown by the public records. 4. Discrepllllcies, conflicts in boundary lines, sho11age 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 autl10rizing the issuance thereof; (c) water rights, claims or title to water, whether or not tl1e matters excepted under (a), (b) or (c) are shown by tile public records. 6. Any lien or right to a lien for services, labor or material not shown by tile public records. CLTA HOJ\-IEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOJ\IBOWNER'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: I. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on tile Land; e. llllld division; and f. environmental protection. This Exclusion does not limit tl1e coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit tile coverage described in Covered Risk 14 or 15. 3. The right to take the Llllld 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 tl1ey are recorded in the Public Records; b. that are Known to You at tl1e 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 YoW" Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage descn"bed 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: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $ 10,000.00 $25,000.00 $25,000.00 $5,000.00 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: l. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, . prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Clain1ant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an InsW"ed under this policy; (c) resulting in no loss or damage to the InsW"ed Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or ( e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the InsW"ed M01tgage because of tlie inability or failw·e of an Insured to comply with applicable doing-business laws of tlie state where tlie Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insw·ed Mortgage tliat arises out of the transaction evidenced by the lnsw·ed Mortgage and is based upon usury or any consumer credit protection or trutli-in-lending law. 6. Any clainl, by reason of the operation of federal bankruptcy, state insolvency, or sinlilar creditors' rights laws, that the transaction creating tlie lien of the Insured M01tgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk l 3(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments inlposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insw·ed Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk l l(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 -Pait II,( 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 (PARTI (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: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 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 of the 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: I. (a) Any law, ordinance, pennit, 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. (b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant p1ior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no Joss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching bet.veen Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford eitl1er 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: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, .or claims that are not shown in the Public Records but that could be ascertained by an inspection of. the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts autl1orizing 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 ALTA EXP ANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or dan1age, 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, din1ensions, 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 Jaws, ordinances, or governmental regulations. This Exclusion l(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 l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or ( e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee· shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not 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 1 l(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contantination, 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 168-020-65-00, 168-040-02-00 EXHIBITD 21 LOCATION MAP 14i4Bii+liill·ML·-----------------t---1 I ~==="".......,___,,..,-,.-A! VIC IN I TY PROJECT NAME \. ', L~---···------------------------ '1 I \ ' Lake Calavera Remedial Improvement Project Mitigation Sites Declaration of Restrictive Covenant Document Path: J :\RequestsMarch201 5\PublicWorks\Utilities\RITM001 0922_ 17\CalaveraPreserveRestorationSites.mxd MAP / u EXHIBIT D