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HomeMy WebLinkAboutGPA 13-01; ; 2016-0310793; CovenantRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC# 2016-0310793 1111111111111111111111111111111111111111111111111111111111111111111111 Jun 23, 2016 09:18AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 PAGES 57 Space above this line for Recorder's use Assessor's Parcel Number 215-841-09-00 Project Number and Name ----------------~~~~~------~------------~-GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00- 06(C)/CDP 00-09 (C)/HMP 13-02-Daybreak Community Church DECLARATION OF RESTRICTIVE COVENANTS This DECLARATION OF RESTRICTIVE COVENANTS ("Restrictive Covenant") is made this J(t:_ day of (3\J~<:__, , 2016 by Daybreak Community Church of Coastal North County, a California non-pro tit religious corporation (hereinafter "Declarant"). RECITALS A. Declarant is the developer of that certain real property in Carlsbad, County of San Diego, State of California, commonly referred to as Daybreak Community Church, GPA 13- 01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02. (the ··Project"). B. Declarant is the sole owner in fee simple of those portions of the Project; specifically a vacant property on the west side of Ambrosia Lane, Parcel B of Lot Line Adjustment No. ADJ 14-03/CE 14-19, 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 3.9 acres. C. This Restrictive Covenant provides mitigation for certain impacts of the Project, pursuant to requirements of Condition No. ~ of City of Carlsbad Planning Commission Resolution No. 7059, dated June 4, 2014 for the Habitat Management Plan Permit HMP 13-02, for the Project. This Restrictive Covenant is intended and shall be deemed to satisfy such requirement as to the Restricted Property. The amount of sensitive upland habitat, as well as disturbed habitat and non-native vegetation, to be preserved within the Restricted Property is 3.9 acres. The sensitive upland habitat consists of a mixture of southern maritime chaparral, and Diegan coastal sage scrub (including disturbed), and Diegan coastal sage scrub/chaparral scrub. The Natural Condition, as defined below, includes sensitive upland habitat that is disturbed and recovering from a fire that occurred in May, 2014. CA 09/24/13 Assessor's Parcel Number· 2 I 5-84 I -09-00 ProJect Number and Name GPA I 3-01 /ZC I 2-04/LCPA I 2-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP I 3-02 ~Daybreak Community Church 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"). E. Declarant desires to preserve and protect the Restricted Property pursuant to the Daybreak Community Church Preserve Management Plan dated March, 2016 ("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 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. G. California Department of Fish and Wildlife ("CDFW") has jurisdiction, pursuant to Fish and Game Code Section 1802, over the conservation, protection, and management of fish, 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. H. 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. 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 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. 2 Ci\ 09/24/20 I 3 Assessor's Parcel Number 215-841-09-00 ProJect Number and Name GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02-Daybreak Community Church (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 by City of Carlsbad Planning Commission Resolution No. 7059, dated June 4, 2014 for the Project. (2) 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 (3) Activities described in Section 4 herein. (c) Declarant certifies to City, CDFW and USFWS that, to Declarant's actual knowledge, there are no structures or other man-made improvements existing on the Restricted Property. Declarant further certifies to City, CDFW, and USFWS 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, and USFWS (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, City, CDFW and/or USFWS shall not be foreclosed from utilizing any and all other relevant documents, surveys, photographs or other evidence or information to assist in the resolution ofthe controversy. (e) The term "Biological Monitor" shall mean an independent third-party consultant with knowledge of upland 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 3 CA 09/24/2013 Assessor's Parcel Number 215-841-09-00 Pro1ect Number and Name GPA 13-0 I /ZC 12-04/1 ,CPA 12-04/SDP 00-06(C)/C!JP 00-06(C)/CDP 00-09(C)/HMP 13-02-Daybreak Commumty Church (b) Post and maintain signage in or adjacent to the boundary areas of the Restricted Property as described in Section 4(d); and (c) Comply with the terms of this Restrictive Covenant and cooperate with City, CDFW, and USFWS in the protection ofthe Conservation Values; and (d) 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 City, CDFW, and USFWS, pursuant to Section ~;and (e) Undertake construction, maintenance and monitoring of mitigated areas pursuant to the Mitigation Plan until receipt of final approval of the success of the mitigation from City, CDFW, and USFWS ("City/CDFW/USFWS Final Approval"); and (f) 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; (g) Perform in-perpetuity Long-Term Maintenance, Management, and Monitoring set forth in Section 6 below; and (h) Perform an annual compliance inspection of the Restricted Property, prepare an inspection report and shall make reports available to City, CDFW, and USFWS, 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, agents, assigns, employees, representatives, successors and third parties, are expressly prohibited, except as otherwise provided herein or unless specifically provided for in the, Mitigation Plan, Management Plan, 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 m Section 4(b ); (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 4(f); 4 C A 09/24/20 13 Assessor's Parcel Number 215-841-09-00 ProJ~ct Number and Name GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02-Daybreak Community Church (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 17 below; (i) Construction, reconstruction or placement of any building or other improvement, billboard, or signs except signs permitted in Section 2(b) and Section 4(d); U) 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 t1ood 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 4(f), (2) controlling invasive, exotic plants which threaten the integrity of the habitat, (3) preventing or treating disease, ( 4) completing the Mitigation 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; 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: 5 CA 09/24/20 13 Assessor's Parcel Number 215-841-09-00 ProJect Number and Name UPA 13-01 /ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02-Daybreak Commumty Church (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. 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 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 City, CDFW, and USFWS 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 Property. Prior to erection of such signage, the Declarant shall submit detailed plans showing the location of such signs to City, CDFW, and USFWS 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. 6 CA 09/24/2013 Assessor's Parcel Number 215-841-09-00 ProJect Number and Name GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02-Daybreak Commumty Church (f) 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. 5. 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. In accordance with Section 4(d), 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 City, CDFW, and USFWS, City 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 perpetuity. 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 ofthe nature and restrictions on the Restricted Property pursuant to Section 2(b ), (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 City/CDFW /USFWS 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 City/CDFW /USFWS for review and approval prior to its implementation. Upon completion of restoration as specified in the City/CDFW /USFWS -approved Restoration Plan, Declarant shall have its Biological Monitor prepare a detailed monitoring report, and Declarant shall make the report available to City/CDFW/USFWS 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 City/CDFW/USFWS-approved Restoration Plan, corrections recommended and implemented. 7. Endowment Declarant shall establish an endowment fund to be held in trust, invested and the interest disbursed therefrom to provide sufficient funds for the perpetual management, maintenance, and monitoring of the Property as required under this Restrictive Covenant. City, CDFW and USFWS, shall have the right to review and approve the terms of the endowment agreement, and 7 CA 09/24/2013 Assessor's Parcel Number 215-841-09-00 ProJect Number and Name GPA 13-0 1/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 ~Daybreak Commumty Church shall be a third party beneficiary of that agreement with the right to review and approve any amendments. (a) Include the following principles of fiduciary duty m the endowment fund agreement: ( 1) The endowment holder shall have a fiduciary duty to hold the endowment funds in trust for the Property. (2) The endowment holder shall not commingle the endowment funds with other funds. Funds may be pooled for investment management purposes only. (3) The endowment holder shall have a duty of loyalty and shall not use the endowment funds for its own personal benefit. ( 4) The endowment holder shall act as a prudent investor of the endowment funds. (5) The endowment holder shall not delegate the responsibility for managing the funds to a third party, but may delegate authority to invest the funds with Declarant's oversight. The endowment holder shall act with prudence when delegating authority and in the selection of agents. (6) The endowment holder shall have annual audit of the endowment performed by a licensed CPA, and shall submit the auditor's written report to City, CDFW, and USFWS upon completion. (7) Endowment funds set aside for the management of the Property shall not be used to pay any damages for liability due to acts or omissions of the endowment holder or any other party. 8. City, CDFW, and USFWS Rights. To accomplish the Purpose of this Restrictive Covenant, Declarant hereby grants and conveys the following rights to City, CDFW, USFWS (but without obligation of the City, CDFW, and USFWS): (a) A non-exclusive easement on and over the Restricted Property to preserve and protect the Conservation Values ofthe 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 ofthis Restrictive Covenant; and (c) A non-exclusive easement on and over the Restricted Property to prevent any actlvrty 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 8 C A 09/24/2013 Assessor's Parcel Number 215-841-09-00 ProJect Number and Name GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02-Daybreak Commumty Church (d) All present and future development rights allocated, implied, reserved or inherent in the Property; such rights are hereby terminated and extinguished, and may not be used on or transferred to any portion of the Property, nor any other property adjacent or otherwise; and (e) 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 City, CDFW, and USFWS, Department of Justice, and the State Attorney General, as well as the City, 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, State Attorney General and City 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. (1) If City, CDFW, and USFWS determines Declarant is in violation of the terms of this Restrictive Covenant or that a violation is threatened, City/CDFW /USFWS may demand the cure of such violation. In such a case, City/CDFW /USFWS 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 of receipt of said written notice from City, CDFW, and USFWS. If said cure reasonably requires more than fifteen (15) days, Declarant shall, within the fifteen (15) day period submit to City/CDFW/USFWS 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 City/CDFW /USFWS 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(c) below, City/CDFW/USFWS 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 City/CDFW /USFWS 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 9 CA 0912412013 Assessor's Parcel Number: 215-841-09-00 ProJect Number and Name GI'A 13-01 /ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDI' 00-09(C)/HMP 13-02-Daybreak Community Church 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. City/CDFW/USFWS may apply any damages recovered to the cost of undertaking any corrective action on the Restricted Property. ( 4) If Declarant provides City/CDFW /USFWS with a notice of dispute, as provided herein, City/CDFW /USFWS shall meet and confer with Declarant at a mutually agreeable place and time, not to exceed thirty (30) days from the date that City/CDFW/USFWS receives the notice of dispute. City/CDFW/USFWS 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 City/CDFW/USFWS 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, City/CDFW/USFWS determines that a violation has occurred, City/CDFW /USFWS 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 City/CDFW/USFWS 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 City/CDFW /USFWS, in its reasonable discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Restricted Property, City/CDFW/USFWS 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, City/CDFW/USFWS 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(b)(2). The written notice pursuant to this paragraph may be transmitted to Declarant by facsimile. The rights of City/CDFW/USFWS 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 City/CDFW /USFWS for any violation of the terms of this Restrictive Covenant are inadequate and that City/CDFW /USFWS shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which City/CDFW /USFWS 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( c) 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 City/CDFW/USFWS 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. 10 CA 09/24/2013 Assessor's Parcel Number: 215-841-09-00 l'ro.JeCl Number and Name. GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02-Daybreak Community Church (e) Enforcement Discretion. Enforcement of the terms of this Restrictive Covenant shall be at the discretion of City/CDFW IUSFWS. Any forbearance by City/CDFW /USFWS 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 City/CDFW /USFWS 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 City/CDFW IUSFWS under this Restrictive Covenant. No delay or omission by City/CDFW /USFWS 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 City/CDFW /USFWS 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. (g) Notwithstanding the foregoing, even actions undertaken during emergency conditions must receive prior authorization from the City. 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 City, CDFW, and USFWS 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 City, CDFW, and USFWS with satisfactory evidence of payment upon request. 12. No Hazardous Materials Liability. II CA 09/24/2013 Assessor's Parcel Number: 215-841-09-00 ProJect Number and Name GPA 13-0 I /ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02-Daybreak Commumty Church (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 afiecting 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 City, CDFW, and USFWS any ofthe 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 ( 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 t1ammable, 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 relating to pollution, protection of human health or safety, the environment or Hazardous Materials. Declarant represents, warrants and covenants to City, CDFW, and USFWS 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. 12 C A 09/24/20 13 Assessor's Parcel Number 215-841-09-00 ProJect Number and Name GPA 13-0 1/ZC 12-04/LCPA 12-04/SDP 00-06(C)/ClJP 00-06(C)/CDP 00-09(C)/IIMP 13-02-Daybreak Community Church 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 City, CDFW, and USFWS. City, CDFW, and USFWS 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 1 7 below. Declarant, its successors and assigns shall record any additional easements or other interests in the Restricted Property approved by the City, CDFW, and USFWS in the official records of San Diego County, California and provide a copy of the recorded document to the City, CDFW, and USFWS. 14. Hold Harmless. Declarant shall hold harmless, protect and indemnify City and its, officials, directors, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them (each a "City Indemnified Party" and, collectively, "City's Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation, reasonable attorneys' fees and experts' fees), causes of action, claims, demands, orders, liens or judgments (each a "Claim" and, collectively, "Claims"), arising from or in any way connected with: injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, except that this indemnification shall be inapplicable to Declarant's Indemnified Parties with respect to any Claim due solely to the negligence of Declarant or any of its employees. If any action or proceeding is brought against any of Declarant's Indemnified Parties by reason of any such Claim, Declarant shall, at the election of and upon written notice from any of the Declarant Indemnified Parties defend such action or proceeding with counsel reasonably acceptable to the Declarant Indemnified Party, or reimburse the party for all charges incurred for services, including attorneys' fees, in defending the action or proceeding. 15. Amendment. Declarant may amend this Restrictive Covenant only after written concurrence by City, CDFW, and USFWS. 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 City, CDFW, and USFWS in the official records of San Diego County, California, and shall provide a copy of the recorded document to City, CDFW, and USFWS. 16. 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 City, CDFW, and USFWS. 17. Assignment and Subsequent Transfers. 13 CA 09/24/20 I 3 Assessor's Parcel Number 215-841-09-00 ProJect Number and Name GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02-Daybreak Commumty Church (a) Declarant agrees to incorporate the terms ofthis 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 City, CDFW, and USFWS 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 any way. (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 24, and (iv) all references to Declarant in this Restrictive Covenant shall thereafter be deemed to refer to such transferee. 18. 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: Daybreak Community Church of Coastal North County 6515 Ambrosia Lane Carlsbad, CA 92011 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 California Dept. of Fish and Wildlife, Region 5 3883 Ruffin Road San Diego, CA 92123 US Fish and Wildlife Service 2177 Salk Avenue, Suite 250 Carlsbad, CA 92008 FAX 760-431-5902 14 CA 09/24/2013 Assessor's Parcel Number 215-841-09-00 Project Number and Name GPA 13-0 1/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02-Daybreak Commumty Church 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. 19. Controlling Law. The laws of the United States and the State of California shall govern the interpretation and performance of this Restrictive Covenant. 20. 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. 21. Severability. 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. 22. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Declarant's title in any respect. 23. 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. 24. 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. 25. 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. 15 CA 09/24/2013 Assessor's Parcel Number 215-841-09-00 ProJect Number and Name GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02-Daybreak Commumty Church 26. City, CDFW, and USFWS Benefited Parties. Except for Section 23, the terms of this Restrictive Covenant are for the benefit of the City, CDFW, and USFWS only and are not for the benefit of any other parties. IN WITNESS WHEREOF Declarant has executed this Restrictive Covenant the day and year first above written. Na Title: Date: By: -------------------------------------- Name: Title: Date: CITY OF CARLSBAD APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By ,OidL rJ? Assistant City Attorney 16 CA 09/24/2013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Sc1 r 0; 4/() u On ,T~, 11"'\.L , I G 2 ()I£. "before me, I L,hJ~ k. F(2/ft,l fc/ (L~:/;'jr.-, ~~;l/,c Date pe~onally appeared ~~~~-~·~G~Jr~~~~l~1~~~~~b~b~~~~~~~~~~~~~~~~~~~~ I Here Insert Name and Title of fhe Officer 7 Name(s) of Signer(s) who 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 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand ~d official seal. ;z£// ' ~/ I I/ G /1 ' Signature ' { ~ /L ' L_ __ / Signature of Notary Public ------------------------------OPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. ___ _.---- Description of Attached Document .-..----------· Title or Type of Document: Docul]lenr-Oat~~ ~~~~~~~~ Number of Pages: -~~ Signer(s) Other Than Named ~t)ove:---~~~~~~~~~~~- Capacity(ies) Claimed by Signer(s) _ .. ~-- Signer's Name: ~~~~~~~--~~~-'-- Corporate Officer -Title(s): ~~--,...L_~- Partner -Limited I i General .· Individual ' Attorney-hi'Fact Trustee Guardian or Conservator Other:_~~~~~~~~~~~~~--- Signer Is Representing: ~~~~~~~~~- Signer's Name:-~~~~~~~~~~~­ Corporate Officer -Title(s): --~--- 1 Partner -· J Limited 1 General • Individual , : Attorney in Fact Trustee i Guardian or Conservator Other: -~~~~~~~~~~~~~~ Signer Is Representing: -~~~~~~~~- ~;~:;;~;:~~'{;,~;.~.~~~~~'Q(.~'%'§<>'Q(,~~'%~~~~··g;;'!:~;g:;;~.x,,~·Q<;.'Q(;.'g;,'Q<;,'( ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Assessor's Parcel Number 215-841-09-00 ProJect Number and Name GPA 13-01 /ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06{C)/CDP 00-09(C)/HMP 13-02-Daybreak Community Church EXHIBIT A-LEGAL DESCRIPTION PARCEL BAS SHOWN ON LOT LINE ADJUSTMENT NO. ADJ 14-03 CE 14-19, AS EVIDENCED BY DOCUMENT RECORDED APRIL 15, 2015 AS INSTRUMENT NO. 2015-0179353 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST HALF, ALSO BEING THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND FISHERMAN DRIVE AS SHOWN ON MAP NO. 14625 FILED JULY 9, 2003, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE WEST LINE OF SAID EAST HALF, SOUTH 00°50'31" EAST 236.76 FEET TO THE INTERSECTION WITH A RADIAL LINE WHICH BEARS SOUTH 76°58'39" EAST FROM THE THAT 210.00 FOOT RADIUS CURVE IN THE CENTERLINE OF FISHERMAN DRIVE AS DEDICATED ON SAID MAP 14625; THENCE LEAVING SAID WEST LINE OF SAID EAST HALF ALONG SAID RADIAL LINE SOUTH 76°58'39" EAST 21.70 FEET TO THE INTERSECTION WITH THE EASTERLY SIDELINE OF AN EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES RECORDED JULY 9, 2003 AS DOCUMENT NO. 2003-08137758; THENCE SOUTH 31°13'40" EAST 6.73 FEET; THENCE SOUTH 12°49'28" WEST 56.43 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 106.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 69.44 FEET THROUGH A CENTRAL ANGLE OF 3r32'07"; THENCE SOUTH 44°09'52" WEST 24.33 FEET TO THE INTERSECTION WITH SAID WEST LINE OF SAID EAST HALF; THENCE ALONG SAID WEST LINE OF SAID EAST HALF, SOUTH 00°50'31" EAST 23.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE OF SAID EAST HALF, NORTH 89°10'34" EAST 47.39 FEET; THENCE SOUTH 65°14'37" EAST 59.82 FEET; THENCE SOUTH 45°02'13" EAST 14.58 FEET; THENCE SOUTH 03°31'50" WEST 19.79 FEET; THENCE SOUTH 8r17'21" EAST 101 74 FEET; THENCE NORTH 86°50'27" EAST 24.77 FEET; THENCE NORTH 81°16'50" EAST 21.03 FEET; THENCE SOUTH 1 r46'28" EAST 10.36 FEET; THENCE SOUTH 88°00'15" EAST 41.88 FEET; THENCE NORTH 11°53'38" EAST 31.55 FEET; 17 CA 02/04113 Assessor's Parcel Number 215-841-09-00 ProJect Number and Name GPA 13-0 1/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02-Daybreak Commumty Church THENCE NORTH 60°19'46" EAST 15.05 FEET; THENCE SOUTH 38°41'30" EAST 16.06 FEET, TO THE INTERSECTION WITH THE EAST LINE OF SAID EAST HALF; THENCE ALONG SAID EAST LINE OF SAID EAST HALF, NORTH 00°36'19" WEST 33.89 FEET; THENCE LEAVING SAID EAST LINE OF SAID EAST HALF, SOUTH 68°35'11" EAST 33.64 FEET; THENCE NORTH 83°41'24" EAST 52.32 FEET; THENCE NORTH 71°29'32" EAST 62.22 FEET; THENCE NORTH 6r12'37" EAST 39.04 FEET; THENCE SOUTH 68°42'07" EAST 40.26 FEET; THENCE SOUTH 44°37'20" EAST 80.43 FEET; THENCE SOUTH 89°32'42" EAST 63.00 FEET; THENCE NORTH 89°37'58" EAST 58.50 FEET; THENCE SOUTH 83°47'12" EAST 31.18 FEET; THENCE SOUTH 7r36'35" EAST 33.79 FEET; THENCE NORTH 71 °33'55" EAST 20.56 FEET; THENCE NORTH 86°51'09" EAST 25.04 FEET; THENCE SOUTH 39°39'36" EAST 42.24 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1230.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 86°50'02" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 108.51 FEET THROUGH A CENTRAL ANGLE OF 5°03'20" TO THE INTERSECTION WITH THE SOUTH LINE OF SAID LOT 8; THENCE ALONG SAID SOUTH LINE OF SAID LOT 8, SOUTH 86°16'37" WEST 526.84 FEET TO THE SOUTHWEST CORNER OF SAID LOT 8 AND THE INTERSECTION WITH SAID EAST LINE OF SAID EAST HALF; THENCE ALONG SAID EAST LINE OF SAID EAST HALF, SOUTH 00°36'19" EAST 39.28 FEET TO THE SOUTHEAST CORNER OF SAID EAST HALF; THENCE NORTH 86°53'31" WEST 331.81 FEET TO THE SOUTHWEST CORNER OF SAID EAST HALF; THENCE ALONG SAID WEST LINE OF SAID EAST HALF, NORTH 00°50'31" WEST 249.25 FEET TO THE TRUE POINT OF BEGINNING; DESCRIBED PARCEL CONTAINS 3.86 ACRES MORE OR LESS. 18 CA 02/04/13 Assessor's Parcel Number 215-841-09-00 ProJect Number and Name GPA 13-0 1/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02-Daybreak Community Church EXHIBIT B PLAT MAP EXHIBIT '8' LOT LINE ADJUSTMENT ADJ 14-03 "---------------" ~-7----- J/ / LOT 38 MAP NO. 14102 LOT 136 MAP NO. 13465 EASEMENT NOTES @ SOO&E RECORDED APRIL 16. 1954, BOOK 5207, PAGE 161 @ © @ CARLSBAD MUNICIPAL WATER RECORDED JULY 21, 1968, BOOK 7174, PAGE 290 CLEAR SPACE AND SIGHT DISTANCE MAP NO. 13434 ABUTIER'S RIGHTS OF INGRESS AND EGRESS MAP NO. 13434 BREHM-AVIARA FOR LANDSCAPE RECORDED MAY 10, 1999,1NSTR. NO. 1999-0317421 I I / ® ® @ CITY OF CARLSBAD FOR SLOPE RECORDED SEPTEMBER 12, 2001,1NSTR. NO. 2001..()653974 ® CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED SEPTEMBER 13,2001, INSTR. NO. 2001-0656932 CITY OF CARLSBAD FOR SLOPE( a). PUBLIC STREET(b} AND DRAINAGE( c), RECORDED JUNE 14, 2002, INSTR. NO. 2002-507610 ([) CITY OF CARLSBAD FOR PUBLIC STREET. RECORDEDJULY09, 2003, INSTR. NO. 2003-813758 Q) CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED MARCH 18, 2011,1NSTR. NO. 2011-0146544 @ CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED OCTOBER 18. 2012, INSTR. NO. 2012-0640583 (D CITY OF CARLSBAD FOR PUBLIC STREET, RECORDED MARCH 13,2015, INSTR. NO. 2015-0117280 DATE: 03116/15 ADJUSTMENT PLAT-CITY OF CARLSBAD SHEET 5 OF 9 A.PN.; 215-080-04 215-081-12 215-841-07 APPROVED BY: u Al;it l/p5/ZDIS ASON S. GELDERT CITY ENGINEER DATE RCE 63912 EXP 09/30116 19 PROJECT ID SDP00-06(C) RELATED PROJECTID: CUP 00..()6(C) COP 00..()6 CA 02/04/13 Assessor's Parcel Number 215-841-09-00 ProJect Number and Name GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02-Daybreak Commumty Church EXHIBIT C-TITLE REPORT 20 CA 02/04113 Order No. 140-1759182-66 Orange Coast Title Company Orange Coast Title Company 3536 Concours Suite 120 Ontario, CA 91764 Attention: Claudia Holcomb 3536 Concours Drive, Suite 120 Ontario, CA 91764 909-987-5433 PRELIMINARY REPORT Your no.: Property address: 1: 6515 Ambrosia Lane, Carlsbad, CA 92011 2: El Camino Real, Carlsbad, CA 92011 Order no.: Dated: May 19,2016 6515 Ambrosia 140-1759182-66 In response to the above referenced application for a policy of title insurance, Orange Coast Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CL T A and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as ofMay 13,2016 at 7:30AM The form of policy of title insurance contemplated by this report is: Page 1 Helen Johnson, Title Officer Ph: 909-987-5433 Email: helenj@octitle.com Order No. 140-1759182-66 Schedule "A" The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee Title to said estate or interest at the date hereof is vested in: Daybreak Community Church of Coastal North County, a California non-profit religious corporation The land referred to in this report is situated in the County of San Diego, State of California, and is described as follows: Being portions of the East half of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 22, Township 12 South, Range 4 West, San Bernardino Meridian and Lot 8, Tract No. 92-03, Map No. 13434, in the City of Carlsbad, County of San Diego, State of California and described as Parcel Bon Certificate of Compliance recorded April 15,2015 as Instrument No. 2015-0179353, more particularly described as follows: Commencing at the Northwest comer of said East half, also being the centerline intersection of Poinsettia Lane and Fisherman Drive as established per Tract 00-22, Map No. 14625; Thence along the West line of said East half, South 00° 50' 31" East 236.76 feet to the intersection with a radial line which bears South 76° 58' 39" East from the 210.00 foot radius curve in the centerline of Fisherman Drive as dedicated on said Tract 02-22, Map 14625; Thence leaving said West line of said East half along said radial line South 76° 58' 39" East 21.70 feet to the intersection with the Easterly sideline of an easement for public street and utility purposes recorded July 9, 2003 as Document No. 2003-08137758; Thence South 31 o 13' 40" East 6. 73 feet; Thence South 12° 49' 28" West 56.43 feet to the beginning of a curve concave Easterly having a radius of I 06.00 feet; Thence Southerly along the ARC of said curve 69.44 feet through a central angle of 37° 32' 07"; Thence South 44° 09' 52" West 24.33 feet to the intersection with said West line of said East half; Thence along said West line of said East half, South 00° 50' 31" East 23.09 feet to the true point of beginning; Thence leaving said West line of said East half, North 89° 10' 34" East 47.39 feet; THence South 65° 14' 37" East 59.82 feet; Thence South 45° 02' 13" East 14.58 feet; Thence South 03° 31' 50" West 19.79 feet; Thence South 87° 17' 21" East 10 L 7 5 feet; Thence North 86° 50' 27" East 24.77 feet; Thence North 81 o 16' 50" East 21.03 feet; Thence South 17° 46' 28" East 10.36 feet; Thence South 88° 00' 15" East 41.88 feet; Thence North llo 53' 38" East 31.55 feet; Page 2 Order No. 140-1759182-66 Thence North 60° 19' 46" East 15.05 feet; Thence South 38° 41' 30" East 16.06 feet, to the intersection with the East line of said East half; Thence along said East line of said East half, North 00° 36' 19" West 33.89 feet; Thence leaving and East line of said East half, South 68° 35' 11" East 33.64 East; Thence North 83° 41' 24" East 52.32 feet; Thence North 71° 29' 32" East 62.22 feet; Thence North 67° 12' 37" East 39.04 feet; Thence South 68° 42' 07" East 40.26 feet; Thence South 44° 37' 20" East 80.43 feet; Thence South 89° 32' 42" East 63.00 feet; Thence North 89° 37' 58" East 58.50 feet; Thence South 83° 47' 12" East 31.18 feet; Thence South 77° 36' 35" East 33.79 feet; Thence North 71° 33' 55" East 20.56 feet; Thence North 86° 51' 09" East 25.04 feet; Thence South 39° 39' 36" East 42.24 feet to the beginning of a non tangent curve concave Easterly having a radius of 1230.00 feet, a radial line to said curve bears North 86° 50' 04" West; Thence Southerly along the ARC of said curve 108.51 feet through a central angle of 5° 03' 17" to the intersection with the South line of said Lot 8; Thence along said South line of said Lot 8, South 86° 16' 37" West 526.84 feet to the South West comer of said Lot 8 and the intersection with said East line of said East half; Thene along said East line of said East half, South 00° 36' 19" East 39.28 feet to the Southeast comer of said East half. Thence North 86° 53' 31" West 331.81 feet to the Southwest comer of said East half; Thence along said West line of said East half, North 00° 50' 31" West 249.25 feet to the true point of beginning. Assessor's Parcel Numbers(s): 1:215-841-07 2: 215-080-04 Page 3 Order No. 140-1759182-66 Schedule "B" At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: General and Special taxes for the fiscal year 2016-2017, including any assessments collected with taxes. A lien not yet payable. First installment due and payable November 1, 2016, delinquent if not paid by 12110/16 Second installment due and payable February 1, 2017, delinquent if not paid by 4/10/17 2 General and Special taxes for the fiscal year 20 15-2016, including any assessments collected with current taxes. Total amount $154.26 1st installment $77.13, Paid Penalty $7.71 (after 12/10/2015) 2nd installment $77.13, Paid Penalty $17.71 (after 04111/2016) Code area 09027-City of Carlsbad Parcel No. 215-841-07-00 Exemption $5,343,070.00 (other exemptions) NOTE: Taxes above mentioned have all been paid and are reported for proration purposes only. Said matter affects the herein described land and other land. 3 General and Special taxes for the fiscal year 2015-2016, including any assessments collected with current taxes. Total amount $120.64 1st installment $60.32, Paid Penalty $6.03 (after 12110/2015) 2nd installment $60.32, Paid Penalty $16.03 (after 04/11/2016) Code area 09165-City of Carlsbad Parcel No. 215-080-04-00 Exemption $1,918,276.00 (other exemptions) NOTE: Taxes above mentioned have all been paid and are reported for proration purposes only. Said matter affects the herein described land and other land. 4 The Lien of future supplemental taxes, if any, assessed pursuant to the provisions of section 75, et seq of the revenue and taxation code ofthe state of California 5 Rights of the public in and to any portion of said land lying within any lawfully established streets, roads or highways. 6 Matters that may affect said land as disclosed by Record of Survey filed, 584, in the Office ofthe County Recorder of the County of San Diego, State of California. 7 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 7116/1954 in Book 5207 Page 161, Official Records. For: In favor of: Affects: Transmission and distribution of electricity and incidental purposes San Diego Gas & Electric Company The location of said easement is set forth therein. 8 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 7116/1954 in Book 5302 Page 384. Official Records. For: In favor of: Affects: Page 4 Poles or steel towers, wires or cables and incidental purposes San Diego Gas & Electric Company The location of said easement is set forth therein. Order No. 140-1759182-66 9 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 7/1611954 in Book 5302 Page 392, Official Records. For: In favor of: Affects: Poles or steel towers, wires or cables and incidental purposes San Diego Gas & Electric Company The location of said easement is set forth therein. 10 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 7116/1954 in Book 5302 Page 400, Official Records. For: In favor of: Affects: Poles or steel towers, wires or cables and incidental purposes San Diego Gas & Electric Company The location of said easement is set forth therein. 11 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 7/2111958 in Book 7174 Page 290, Official Records. For: Pipeline or pipelines for any and all purposes and also underground conduits and cables for telephone, signal and communication purposes and incidental purposes In favor of: Carlsbad Municipal Water District Affects : The location of said easement is set forth therein. 12 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 7/21/1958 in Book 7174 Page 293, Official Records. For : Pipeline or pipelines for any and all purposes and also underground conduits and cables for telephone, signal and communication purposes and incidental purposes In favor of: Carlsbad Municipal Water District Affects : The location of said easement is set forth therein. 13 Matters that may affect said land as disclosed by Record of Survey filed, 6269, in the Office of the County Recorder of the County of San Diego, State of California. 14 An instrument, upon the terms and conditions contained therein Entitled: Resolution No. 8744 Resolution of the City Council of the City of Carlsbad, California, establishing a Bridge and Thoroughfare District to finance the costs of major public bridge improvements in said City Recorded: 8/19/1986, as Instrument No. 1986-356638, Official Records 15 An instrument, upon the terms and conditions contained therein Entitled: Title Settlement and Exchange Agreement and Conveyance of Public Access Easements Dated: 6/6/1988 Executed by and between: Recorded: State of California and Pacific Rim Land Associates Limited Partnership 6/10/1988 as Instrument No 1988-278452, Official Records. 16 An instrument, upon the terms and conditions contained therein Entitled: Deed Restriction (Trail) Dated: 3113/1989 Executed by and between: Recorded: A viara Land Associates Limited Partnership, a Delaware Limited Partnership and California Coastal Commission 4114/1989 as Instrument No 1989-196178, Official Records. 17 An instrument, upon the terms and conditions contained therein Entitled: Agreement Between Developer-Owner and The City of Carlsbad for the Payment of a Public Facilities Fee Dated: 3/31/1989 Executed by and between: Recorded: Page 5 A vaira Land Associates, Limited Partnership and the City of Carlsbad, a Municipal Corporation 6/5/1989 as Instrument No 1989-296176, Official Records. Order No. 140-1759182-66 18 An instrument, upon the terms and conditions contained therein Entitled: Desilitation Basin Maintenance Agreement Dated: 6/28/1989 Executed by and between: City of Carlsbad, a Municipal Corporation and Aviara Land Associates Limited Partnership, a Delaware Limited Partnership Recorded: 6/29/1989 as Instrument No 1989-345770, Official Records. 19 An instrument, upon the terms and conditions contained therein Entitled: Agreement Dated: 3/7/1990 Executed by and between: Recorded: Aviara Land Associates Limited Partnership, a Delaware Limited Partnership and Western National Homes I Limited, a California Limited Partnership 3/2211990 as Instrument No 1990-153235, Official Records. 20 An instrument, upon the terms and conditions contained therein Entitled: Unity of Control Agreement Dated: 2/20/1990 Executed by and between: Recorded: A viara Land Associates Limited Partnership, a Delaware Limited Partnership; Davidson Coscan Partners, California General Partnership; Lyon Communities, Inc., a California Corporation; RDC Devco II Limited Partnership, a Delaware Limited Partnership; A-M Homes, a California Limited Partnership; and Bramalea California, Inc., a California Corporation 4/1611990 as Instrument No 1990-204 778, Official Records. An instrument, upon the terms and conditions contained therein Entitled: Unity of Control Assumption Agreement Dated: 5/7/1999 Executed by and between: Recorded: A viara Land Associates Limited Partnership, a Delaware Limited Partnership and Daybreak Community Church of Coastal North County, a California Non-profit Religious Corporation 5/14/1999 as Instrument No 1999-0332103, Official Records. 21 An instrument, upon the terms and conditions contained therein Entitled: Easement and Covenant Regarding CATV Service Dated: 4/1711990 Executed by and between: Recorded: A viara Land Associates Limited Partnership, a Delaware Limited Partnership and Daniels Cablevision, Inc., a Delaware Corporation 6/1/1990 as Instrument No 1990-298175, Official Records. A portion of said land was released from said instrument by Corporation Quitclaim Deed, dated 03/26/1991, executed by Daniels Cablevision, Inc., a Delaware corporation, recorded 4115/1991, as File No. 91-0168675, Official Records. An instrument declaring a modification thereof was recorded 4115/1991, as Instrument No. 1991-0168678, Official Records 22 An instrument, upon the terms and conditions contained therein Entitled: Hold Harmless Agreement Right of Way Encroachment Dated: 2/2011991 Executed by and between: Recorded: Aviara Land Associates Limited Partnership and the City of Carlsbad 3/2211991 as Instrument No 1991-127324, Official Records. 23 An instrument, upon the terms and conditions contained therein Entitled: Contract for Future Public Improvements Dated: 5/8/1991 Executed by and between: Recorded: Page 6 City of Carlsbad, a Municipal Corporation and A viara Land Associates Limited Partnership, a Delaware Limited Partnership formerly Pacific Rim Land Associates Limited Partnership, a Delaware Limited Partnership 6/3/1991 as Instrument No 1991-759639, Official Records. Order No. 140-1759182-66 24 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 9/6/1991 as Instrument No. 1991-0456674, Official Records. For: In favor of: Affects: Construct and maintain, place, operate, inspect, repair, replace and remove such underground communication facilities as Grantee may from time to time require (including ingress thereto and egress therefrom) consisting of wires, cables, conduit, manholes, handholes and aboveground markers, pedestals, terminal equipment cabinets, other associated electrical conductors and necessary fixtures and appurtenances and incidental purposes Pacific Bell The location of said easement is set forth therein. 25 An instrument, upon the terms and conditions contained therein Entitled: Agreement Between Developer-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee Dated: 3/9/1992 Executed by and between: Recorded: A viara Land Associates Limited Partnership and the City of Carlsbad, a Municipal Corporation 4/1/1992 as Instrument No 1992-187218, Official Records. 26 An instrument, upon the terms and conditions contained therein Entitled: Easement Grant Deed and Agreement Dated: 9/9/1993 Executed by and between: Recorded: Robert T. Kevane and Cheryl L. Kevane, husband and wife, holding title as community property; Dianne R. Krasnow, a married woman, holding title as her sole and separate property; Robert S. Krasnow, a married man, holding title as his sole and separate , property; Gerald P. Krasnow, a married man, holding title as his sole and separate property; EdwardS. Krasnow, a married man, holding title as his sole and separate property; and Michael I. Krasnow, a married man, holding title as his sole and separate property and Aviara Land Associates Limited Partnership, a Delaware Limited Partnership · 3/15/1994 as Instrument No 1994-0168804, Official Records. 27 An instrument, upon the terms and conditions contained therein Entitled: Hold Harmless ~greement Drainage Dated: 10/28/1994 Executed by and between: Recorded: A viara Land Associates Limited Partnership, a Delaware Limited Partnership and the City of Carlsbad 1/5/1995 as Instrument No 1995-0005398, Official Records. 28 An instrument, upon the terms and conditions contained therein Entitled: Deed Restriction Dated: 7/12/1995 Executed by and between: Recorded: A viara Land Associates Limited Partnership, a Delaware Limited Partnership and the California Coastal Commission 8/22/1995 as Instrument No 1995-368883, Official Records. 29 An instrument, upon the terms and conditions contained therein Entitled: Easement Grant Deed and Agreement Dated: 7/28/1995 Executed by and between: Recorded: Terry R. Reiter and Margaret E. Reiter, husband and wife and Aviara Land Associates Limited Partnership, a Delaware Limited Partnership 8/31/1995 as Instrument No 1995-388058, Official Records. 30 An instrument, upon the terms and conditions contained therein Entitled: Resolution No. 97-528 A Resolution of the City Council of the City of Carlsbad, California, overruling and denying protests and establishing Bridge and Thorougfare District No. 2 (Aviara Parkway-Poinsettia Lane) to finance the costs of major public improvements in said city Recorded: 7/22/1997, as Instrument No. 1997-349124, Official Records Page 7 Order No. 140-1759182-66 31 An instrument, upon the terms and conditions contained therein Entitled: Reimbursement and Reciprocal Easement Agreement Dated: 3/10/1997 Executed by and between: Recorded: Western Pacific Housing-Poinsettia, L.P., a California Limited Partnership, Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, Michael F. Sfregola, Trustee of the Sfregola Family Trust, as to an undivided 4/16th interest, Terry Reiter and Margaret Reiter, Husband and Wife as Community Property, as to an undivided 3/16th interest, Robert L. Whitney and William (Bill) Armstrong, Co-Trustees of the Robert L. Whitney and Nina N. Whitney Trust, as to an undivided 5!16th interest and William Bowen and Marjorie Bowen, Husband and Wife as joint Tenants, as to an undivided 4/16th interest 8/1/1997 as Instrument No 1997-370228, Official Records. 32 An instrument, upon the terms and conditions contained therein Entitled: Sewer, Storm Drain, Grading and Access Agreement Dated: 3/1 0/1997 Executed by and between: Recorded: Western Pacific Housing-Poinsettia, L.P., a California Limited Partnership, Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, Michael F. Sfregola, Trustee of the Sfregola Family Trust, as to an undivided 4116th interest, Terry Reiter and Margaret Reiter, Husband and Wife as Community Property, as to an undivided 3/16th interest, Robert L. Whitney and William (Bill) Armstrong, Co-Trustees of the Robert L Whitney and Nina M. Whitney Trust, as to an undivided 5/16th interest and William Bowen and Marjorie Bowen, Husband and Wife as joint Tenants, as to an undivided 4/16th interest 8/1/1997 as Instrument No 1997-3 70229, Official Records. 33 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 5/ I 0/1999 as Instrument No. 1999-0317421. Official Records. For: In favor of: Affects: Landscape installation, maintenance and repair, wall and/or fence, and trail and incidental purposes Brehm-Aviara III Development Associates, L.P., a Delaware Limited Partnership The location of said easement is set forth therein. 34 A restricted zone for clearance and sight distance as delineated and designated on map No. 13434, subject to any terms and conditions contained therein. 35 The following recital as shown on Map No. 13434: GEOTECHNICAL CAUTION The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnity the City of Carlsbad from any action that may arise through any geological failure, ground water see page or land subsidence and subsequent damage that may occur on, or adjacent to this subdivision due to its construction, operation or maintenance. 36 The Subdivision Map referred to in the legal description herein contains various restriction in improving or developing the property herein described. Regerence is made to said Subdivision Map for further particulars. 3 7 The fact that the owners of said land have no right of vehicular access to Ambrosia Lane, except at specified points. Said rights have been relinquished by dedication provisions on the Tract map. 38 Easements for ingress and egress, parking, pipeline, drainage, sanitary sewers, public utilities, slopes and rights incidental thereto, as disclosed by instruments of record and the map of said tract, affecting only the common area. Page 8 Order No. 140-1759182-66 39 Covenants, conditions, restrictions, charges, assessments and other matters in an instru,ment recorded 5/14/1999 as Instrument No. 1999-0330774 Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or Deed of Trust made in good faith and for value, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under chapter 42, section 3604 of the United States code or (b) relates to handicap but does not discriminate against handicapped persons. "NOTE: section 12955 of the government code provide the following: if this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12955 of the government code. Lawful restriction under state and federal law on the age of occupants in senior housing for older persons shall not be construed as restriction based on familial status." Notwithstanding the mortgagee protection clause contained in the above mentioned covenants, conditions and restrictions, they provide that the liens and charges for upkeep and maintenance are subordinate only to a first mortgage Said instrument may provide for levying regular as well as special assessments. An instrument declaring a modification thereof was recorded 4/14/2004, as Instrument No. 2004-0322600, Official Records 40 Any assessments due the current managing Association(s). 41 An instrument, upon the terms and conditions contained therein Entitled: Notice of Restriction on Real Property Recorded: 3/19/2001, as Instrument No. 2001-0156231, Official Records 42 An instrument, upon the terms and conditions contained therein Entitled: Hold Harmless Agreement Drainage Recorded: 7/26/2001, as Instrument No. 2001-0522750, Official Records 43 An instrument, upon the terms and conditions contained therein Entitled: Hold Harmless Agreement Geological Failure Recorded: 8/9/2001, as Instrument No. 2001-0565986, Official Records 44 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 9/12/2001 as Instrument No. 2001-0653974. Official Records. For: In favor of: Affects: Slope, construction and incidental purposes City of Carlsbad, a Municipal Corporatio'n The location of said easement is set forth therein. 45 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 9/13/2001 as Instrument No. 2001-0656932. Official Records. For: In favor of: Affects: Water line and incidental purposes Carlsbad Municipal Water District The location of said easement is set forth therein. An instrument, upon the terms and conditions contained therein Entitled: Quitclaim Deed Dated: 4/26/2011 Executed by and between: Recorded: Page 9 Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad and Daybreak Community Church of Coastal North County, a California Non-Profit Religious Corporation 5/9/2011 as Instrument No 2011-0240035, Official Records. Order No. 140-1759182-66 An instrument, upon the terms and conditions contained therein Entitled: Quitclaim Deed of Easement Dated: 1116/2012 Executed by and between: Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad and Daybreak Community Church of Coastal North County, a California Non-Profit Religious Corporation Recorded: 12/3/2012 as Instrument No 2012-0755207, Official Records. NOTE: The above mentioned Quitclaim Deeds only quitclaim a portion of the easement as set forth in the above document. 46 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 6/14/2002 as Instrument No. 02-507610. Official Records. For: In favor of: Affects: Slope, public street, drainage, temporary construction and incidental purposes City of Carlsbad, a Municipal Corporation The location of said easement is set forth therein. 4 7 Matters that may affect said land as disclosed by Record of Survey filed, 17 4 70 , in the Office of the County Recorder of the County of San Diego, State of California. 48 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 7/9!2003 as Instrument No. 2003-813758, Official Records. For: Public street, public utilities and incidental purposes In favor of: City of Carlsbad Affects : The location of said easement is set forth therein. 49 Covenants, conditions, restrictions, charges, assessments and other matters in an instrument recorded 10/26/2005 as Instrument No. 2005-9?9571 Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or Deed of Trust made in good faith and for value, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under chapter 42, section 3604 of the United States code or (b) relates to handicap but does not discriminate against handicapped persons. "NOTE: section 12955 of the government code provide the following: if this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12955 of the government code. Lawful restriction under state and federal law on the age of occupants in senior housing for older persons shall not be construed as restriction based on familial status." Notwithstanding the mortgagee protection clause contained in the above mentioned covenants, conditions and restrictions, they provide that the liens and charges for upkeep and maintenance are subordinate only to a first mortgage Said instrument may provide for levying regular as well as special assessments. 50 Any assessments due the current managing Association(s). 51 An instrument, upon the terms and conditions contained therein Entitled: Notice of Restriction on Real Property Recorded: 12/4/2009, as Instrument No. 2009-0672996, Official Records 52 A Construction Deed of Trust to secure an indebtedness of Amount: $3,148,000.00 Trustor: Trustee: Beneficiary: Dated: Recorded: Page 10 Daybreak Community Church of Coastal North County, a California Non-Profit Religious Corporation First Santa Clara Corporation, a California Corporation Bank of the West, a California Banking Corporation 5/10/2010 5/14/2010 as Instrument No. 20 I 0-0243049, Official Records. Order No. 140-1759182-66 An instrument, upon the terms and conditions contained therein Entitled: Memorandum of Extension and Conversion of Loan Secured by Deed of Trust Recorded: 6/22/2001, as Instrument No. 2011-0316289, Official Records An instrument, upon the terms and conditions contained therein Entitled: Memorandum of Additional Advance and Amendment to Construction and Permanent Deed of Trust, Assignment of Leases and Rents, Security Agreement, Financing Statement and Fixture Filing Recorded: 8/9/2012, as Instrument No. 2012-04 72929, Official Records An instrument, upon the terms and conditions contained therein Entitled: Partial Reconveyance ofDeed of Trust Recorded: 1114/2016, as Instrument No. 2016-0017386, Official Records 53 An instrument, upon the terms and conditions contained therein Entitled: Hold Harmless Agreement Drainage Recorded: 7/22/2010, as Instrument No. 2010-0369179, Official Records 54 An instrument, upon the terms and conditions contained therein Entitled: Permanent Storm water Quality Best Management Practice Maintenance Agreement Recorded: 7/23/2010, as Instrument No. 2010-03 71456, Official Records 55 An instrument, upon the terms and conditions contained therein Entitled: Notice of Restriction on Real Property Recorded: 8/4/2010, as Instrument No. 2010-0397424, Official Records 56 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 3118/2011 as Instrument No. 2011-0146544. Official Records. For: In favor of: Affects: Pipelines and incidental purposes Carlsbad Municipal Water District, a Public Agency The location of said easement is set forth therein. 57 An instrument, upon the terms and conditions contained therein Entitled: Hold Harmless Agreement Geological Failure Recorded: 10/1/2012, as Instrument No. 2012-0596055, Official Records 58 An instrument, upon the terms and conditions contained therein Entitled: Hold Harmless Agreement Drainage Recorded: 10/1/2012, as Instrument No. 2012-0596056, Official Records 59 An instrument, upon the terms and conditions contained therein Entitled: Permanent Storm water Quality Best Management Practice Maintenance Agreement Recorded: 10/1/2012, as Instrument No. 2012-0596072, Official Records 60 An instrument, upon the terms and conditions contained therein Entitled: Notice of Restriction on Real Property Recorded: 10/18/2012, as Instrument No. 2012-0640582, Official Records 61 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 10/18/2012 as Instrument No. 2012-0640583, Official Records. For: In favor of: Affects: Page 11 Pipelines and incidental purposes Carlsbad Municipal Water District, a Public Agency The location of said easement is set forth therein. Order No. 140-1759182-66 62 An instrument, upon the terms and conditions contained therein Entitled: Encroachment Agreement Dated: 11128/2012 Executed by and between: Carlsbad Municipal Water District, a Public Agency and Daybreak Community Church, a California Non-Profit Religious Organization Recorded: 12/14/2012 as Instrument No 2012-0788099, Official Records. 63 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 3113/2015 as Instrument No. 2015-117280. Official Records. For: In favor of: Affects: Public street, public utilities and incidental purposes City of Carlsbad, a Municipal Corporation The location of said easement is set forth therein. 64 An instrument, upon the terms and conditions contained therein Entitled: Permanent Storm water Quality Best Management Practice Maintenance Agreement Dated: 3/25/2015 Executed by and between: Recorded: City of Carlsbad, a Municipal Corporation and Daybreak Community Church of Coastal North County 3/30/2015 as Instrument No 2015-015123 7, Official Records. 65 An instrument, upon the terms and conditions contained therein Entitled: Hold Harmless Agreement Drainage Recorded: 3/30/2015, as Instrument No. 2015-0151238, Official Records 66 An instrument, upon the terms and conditions contained therein Entitled: Hold Harmless Agreement Geological Failure Recorded: 3/30/2015, as Instrument No. 2015-0151239, Official Records 67 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 5/29/2015 as Instrument No. 2015-?76180. Official Records. For: Open space and incidental purposes In favor of: City of Carlsbad, a Municipal Corporation Affects: The location of said easement is set forth therein. 68 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 5/29/2015 as Instrument No. 2015-276184. Official Records. For: In favor of: Affects: Pipelines and incidental purposes Carlsbad Municipal Water District, a Public Agency The location of said easement is set forth therein. 69 A Deed of Trust to secure the indebtedness of Amount: $5,835,000.00 Trustor: Trustee: Beneficiary: Dated: Recorded: Daybreak Community Church of Coastal North County, A California Non-Profit Religious Corporation CommerceWest Bank Commerce West Bank April26, 2016 5/412016 as 2016-211966, Official Records. Said matter affects the herein described land and other land. 70 An Assignment of rents, royalties, issues and profits accruing from said land as additional security for the payment of the indebtedness secured by the Deed of Trust shown in paragraph 69 of schedule B Recorded: 05/04/2016 as Instrument No. 2016-211967, Official Records. Executed by: Daybreak Community Church of Coastal North County, a California Non-Profit Religious Corporation In favor of: Commerce West Bank Page 12 Order No. 140-17 59182-66 71 A Construction Deed of Trust to secure an indebtedness of Amount: $4,800,000.00 Trustor: Daybreak Community Church of Coastal North County, A California Non-Profit Religious Corporation Trustee: CommerceWestBank Beneficiary: Dated: Recorded: Commerce West Bank May 5, 2016 5/10/2016 as Instrument No. 2016-223510, Official Records. Said matter affects the herein described land and other land. 72 Rights of parties in possession of said land by reason of unrecorded leases, if any. Please forward said leases for our examination. 73 Any facts, rights, interest or claims which may be shown by an inspection of the land or which may be disclosed by inquiry of persons in possession of said land. 74 The requirement that a Notice of Completion be recorded and that the statutory lien period expire or that a satisfactory indemnity be established with this company to eliminate said lien period. 75 Any claims for Mechanic's Liens on said land that may be recorded by reason of a work of improvement, disclosed by an inspection of said land. 76 This company will require the following in order to insure title in, or a conveyance or encumbrance from the entity named below. Name: Daybreak Community Church of Coastal North County, a California Non-Profit Religious Corporation (a) A copy ofthe by-laws or articles of association (sometimes known as the "agreement" or "charter"). (b) A copy of the resolution of the association approving the present transaction and identifying the subject land. The resolution should also state that the transaction is necessary for the business purposes of the association and should name the parties who are authorized to execute documents for the association. (c) Articles of incorporation End of Schedule B Page 13 Order No. 140-1759182-66 "NOTES AND REQUIREMENTS SECTION" Note No.1 California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003, provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3% of the total sales price as California State Income Tax, subject to the provisions of the law as therein contained. NOTE NO.2 PAYOFF INFORMATION: Note: this company does require current beneficiary demands prior to closing. If the demand is expired and a correct demand cannot be obtained, our requirements will be as follows: A. If this company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. The amount of this hold will be over and above the verbal hold the lender may have stipulated. B. If this company cannot obtain a verbal update on the demand, will either pay off the expired demand or wait for the amended demand, at the discretion of the escrow. C. In the event that a payoff is being made to a servicing agent for the beneficiary, this company will require a complete copy of the servicing agreement prior to close. Note No.3 If this company is requested to disburse funds in connection with this transaction, chapter 598, statutes of 1989 mandates hold periods for checks deposited to escrow or sub-escrow accounts. The mandatory hold is one business day after the day deposited. Other checks require a hold period from three to seven business days after the day deposited. Notice Regarding Your Deposit of Funds California Insurance Code Sections 12413 et. Seq. Regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow and sub-escrow accounts and be available for withdrawal prior to disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds deposited with the Company via cashier's checks drawn on a California based bank may be disbursed the next business day after the day of deposit. If funds are deposited with by other methods, recording or disbursement may be delayed. All escrow and sub-escrow funds received by the Company will be deposited with other funds in one or more non-interest bearing escrow accounts of the Company in a financial institution selected by the Company. The Company and/or its parent company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and the Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay such party, any benefit received by the Company and/or its parent Company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the Company for its services in connection with the escrow or sub-escrow. Page 14 Order No. 140-1759182-66 Attention Please note that this preliminary report now has an extra copy of the legal description on a separate sheet of paper. There are no markings on the page. The idea is to provide you with a legal description that can be attached to other documents as needed. That legal description page immediately follows this page. Thank you for your support of Orange Coast Title Company. We hope that this makes your job a little easier. Page 15 Order No. 140-1759182-66 Exhibit "A" Being portions of the East half of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 22, Township 12 South, Range 4 West, San Bernardino Meridian and Lot 8, Tract No. 92-03, Map No. 13434, in the City of Carlsbad, County of San Diego, State of California and described as Parcel Bon Certificate of Compliance recorded April15, 2015 as Instrument No. 2015-0179353, more particularly described as follows: Commencing at the Northwest comer of said East half, also being the centerline intersection of Poinsettia Lane and Fisherman Drive as established per Tract 00-22, Map No. 14625; Thence along the West line of said East half, South 00° 50' 31" East 236.76 feet to the intersection with a radial line which bears South 76° 58' 39" East from the 210.00 foot radius curve in the centerline ofFisherman Drive as dedicated on said Tract 02-22, Map 14625; Thence leaving said West line of said East half along said radial line South 7 6° 58' 3 9" East 21.70 feet to the intersection with the Easterly sideline of an easement for public street and utility purposes recorded July 9, 2003 as Document No. 2003-0813 7758; Thence South 31° 13' 40" East 6.73 feet; Thence South 12° 49' 28" West 56.43 feet to the beginning of a curve concave Easterly having a radius of 106.00 feet; Thence Southerly along the ARC of said curve 69.44 feet through a central angle of37° 32' 07"; Thence South 44° 09' 52" West 24.33 feet to the intersection with said West line of said East half; Thence along said West line of said East half, South 00° 50' 31" East 23.09 feet to the true point of beginning; Thence leaving said West line of said East half, North 89° 10' 34" East 47.39 feet; THence South 65° 14' 37" East 59.82 feet; Thence South 45° 02' 13" East 14.58 feet; Thence South 03° 31' 50" West 19.79 feet; Thence South 87° 17' 21" East 101.75 feet; Thence North 86° 50' 27" East 24.77 feet; Thence North 81 o 16' 50" East 21.03 feet; Thence South 17° 46' 28" East 10.36 feet; Thence South 88° 00' 15" East 41.88 feet; Thence North 11° 53' 38" East 31.55 feet; Thence North 60° 19' 46" East 15.05 feet; Thence South 38° 41' 30" East 16.06 feet, to the intersection with the East line of said East half; Thence along said East line of said East half, North 00° 36' 19" West 33.89 feet; Thence leaving and East line of said East half, South 68° 35' 11" East 33.64 East; Thence North 83° 41' 24" East 52.32 feet; Page 16 Order No. 140-1759182-66 Thence North 71 o 29' 32" East 62.22 feet; Thence North 67° 12' 37" East 39.04 feet; Thence South 68° 42' 07" East 40.26 feet; Thence South 44° 37' 20" East 80.43 feet; Thence South 89° 32' 42" East 63.00 feet; Thence North 89° 37' 58" East 58.50 feet; Thence South 83° 47' 12" East 31.18 feet; Thence South 77° 36' 35" East 33.79 feet; Thence North 71 o 33' 55" East 20.56 feet; Thence North 86° 51' 09" East 25.04 feet; Thence South 39° 39' 36" East 42.24 feet to the beginning of a non tangent curve concave Easterly having a radius of 1230.00 feet, a radial line to said curve bears North 86° 50' 04" West; Thence Southerly along the ARC of said curve 108.51 feet through a central angle of 5° 03' 17" to the intersection with the South line of said Lot 8; Thence along said South line of said Lot 8, South 86° 16' 3 7" West 526.84 feet to the South West comer of said Lot 8 and the intersection with said East line of said East half; Thene along said East line of said East half, South 00° 36' 19" East 39.28 feet to the Southeast comer of said East half. Thence North 86° 53' 31" West 331.81 feet to the Southwest comer of said East half; Thence along said West line of said East half, North 00° 50' 31" West 249.25 feet to the true point of beginning. Page 17 Order No. 140-1759182-66 CLTA Preliminary Report Form-Exhibit B (06-03-11) CLTA STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the .coverage of this policy and the Company ~ll not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinanc~ or governmental regulation (mcluding but not limited to building or zomnf laws, ordinances, or regulations) restricting, regulating, prohibiting or relatin~ (i[ the occupancy, use, or en~ohment of the ~~;} 1iU~~~~~)~t~~~:~~~~~~s ~~~~ti~~~~~fh~~ff~~rgf~e~~~~ti'o~r ohF~h!~e~a~~~t~~~~~~s a;rd~~~2~~~~~~t~~;ui~tfo~,e~~i~P~~: th~~~ee~~ ig:t ~~~ti~~~f fhe ~~fo~~!~en'r~~{e~lof~~~tfc~ ~~i~ d~f!c\~~~~ ~~ encumbrance resulting from a viofation or alleged violation affecting the land has been rec'?rded in the 8ublic records at Date of Policy. (b) Any governmental holice flower not excluded bp (a) above, except to the extent that ~.n&tigh~s0~}~~~~~~id~!:f:Jnl~s~0~~tic~foaf~h~e~~e~i~~~~h~~~~f~~b~~~e:~~b~Je:~mfue~~bi~~~e~~~dse~te~~~~~}ip~li~~~~~~gnb~ee~cl~Ji~ ~~~r~~~~~:~ei~Y ~!ki~~c~hf~h~a~t~~~~~~ p0J~Jto Date of Policy whtch would be binding o_n the rights of a purchaser for value vvithout knowledge. 3 Defects, hens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records ~t Date_ofPolicy, but created, suffered, assull?ed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date ofPolicy, but known to the insured claimant and not disclosed m writmg to the Company by the insured clrumant pnor to the date the insured ~laim?J)t be~ame an insured under ~h1s policfc; (c) resultin! in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resultmg in loss or damage which would not have been sustamed 1fthe msured claimant ~~'tfn!~;:~~:bifi~h~f~h~fen ~~ea~s~~!dr~~~~~;!eb~~~~~e;~s; ;h~u~~iBi~h~~ f~\~· 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 whic~ the land JS Situated [~ f~~~~~%~~ unenforceability of the hen 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 protectJOn or truth 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights Jaws. EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I This policy does not insure aaainst loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or ass~ssme~ts, or notices of such proceedings, whether or not shown by the records of such agency or by the pu_blic rec::ords. 2. Any facts, nghts, mterests, or claims wht~h are not shown by the public records but which could be ascertained by an mspect1on of the land or which may be asserted by persons in possession thereof. 3. Easements, hens or encumbrances, or_clrums thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lmes, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown bh the public records. ~Y \~e~~bj~~~~ec~~ing claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whet er or not the matters excepted under (a), (b) or (c) are shown 6. Any hen or right to a lien for services, labor or material not shown by the public records. CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02/03/10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning· abuilding, b. zoning, c.land use d. improvements on the Land, e. land dJvJston; and ,f environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage 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, v.hether or not they recorded m the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, 8.e, 25, 26, 27, or 28 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically descnbed and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not lim1t the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a referential transfer or as a fraudulent transfer or conveyance under federal bankru tcy, state insolvency, or similar creditors' rights laws. Your Deductible Amount Our Maximum Dollar L1mit of Liability Covered Risk 16: 1 % of Policy Amount shown in Schedule A or$ 2,500 (whichever is less) $ 10,000 Covered Risk 18: 1 %of Policy Amount shown in Schedule A or$ 5,000 (whichever is less) $ 25,000 Covered Risk 19: 1 % of Policy Amount shown in Schedule A or$ 5,000 (whichever is less) $ 25,000 Covered Risk 21: 1 %of Policy Amount shown in Schedule A or$ 2,500 (whichever is less) $ 5,000 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are f!Ot insured against loss, costs, attorneys' fees, and expenses resulting from: f~n't~!~ddi~i~foo~ic*e !~fr~~;:~tt~ep~~~~~i~~.0~h1~1:~~J~s~!~Jo~~~~/ a~~~~~m~~~~i~~;a~i~fueTe~foi;c~1~~~~ ~f~1~~~ ~~:Sn~~~h~;~~in ~hde a~~b~~~~~:r~~ea~~~1\~~srf~t~~e;r~~g~x:l~'ci~nud~e: ~~flt:;;i~7he~~~in~e coverage descnbed m Items 12 and 13 of Covered Title Risks 2 The _right to take the land by condemning it, unless: *a notice of exercismg the right appears in the public records *on the Policy Date *the taking happened prior to the Policy Date and is binding on you if you bought the ~~4i~tru'~JZ/t;~~t~~~;~~t~t~Y?wed, or agreed to by you *that are known to you, but not to us, on the Policy Date --unless they appeared m the public records *that result in no loss to you *that first affect your title after the Policy Date --this does not l~rrut the labor and matenal lien coverage in Item 8 of Covered Title Risks 4. Fa1lure to pay value for your title. 5 Lack of a right *to any land outside the area specifically described and referred to in Item 3 of Schedule A OR *in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1 (a) Any law, ordmance 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; (iit) 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 2 Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3 Defects, hens, 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 II, 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. Uncnforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws ofthe state in which 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 protectJon or truth in lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any hen on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records This Exclusion does not modifY or limit the coverage provided under Covered Risk ll(b). EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or e>,:penses) that arise by reason of: 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 pubhc agency that may result m taxes or assessments, or notices of such proceedings, whether or not shovm 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 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 shovm 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 hen for services, labor or material not sho\\ln by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The fo!lowing matters are expressly excluded from the coverage of this policy, and the Company \\till not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of. Page 18 Order No. 140-1759182-66 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (IV) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant~ (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Knovvn to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 1 D); 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 Jaws. that the transaction vesting the Title as shovm 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 ofPo1icy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shovm 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 thereo£ not shown by the Public Records. 4. Any encroachment, encumbrance, violation. variation. or adverse circumstance affecting the Title that would be disclosed by an accW""ate 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 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 shovvn by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The follo'-iVing 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: l. (a) Any law, ordinance, permit, or governmental regulation (including but not limited 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 the 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 Risks 5, 6, 13(c), 13(d), 14, and 16.(b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risks 5, 6, l3(c), !3(b), 14, and 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 ofPolicy (however, this does not modifY or limit the coverage provided lUlder Covered Risks 11, 16, 17, 18, 19, 20, 21, 22, 23, 24,27 or 26); or (e)resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured to comply with applicable doing-business laws of the state in which 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 Inslll"ed 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 ovvner 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 in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6 .. 8. The faillll"e 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. Page 19 Orange Coast Title Company PRIVACY POLICY We Are Committed to Safeguarding Customer Information Order No. 140-1759182-66 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information-particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information that you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types ofnonpublic personal information that we may collect include: • • • • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. Information we receive from providers of services to us, such as appraisers, appraisal management companies, real estate agents and brokers and insurance agencies (this may include the appraised value, purchase price and other details about the property that is the subject of your transaction with us). Information about your transactions with us, our Affiliated Companies, or others; and Information we receive from a consumer reporting agency . Use of Information We request information from you for our own legitimate business purposes and not for benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to l?rovide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your mformation will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Other Important Information We reserve the right to modifY or supplement this Privacy Policy at any time. If our Privacy Policy changes, we will provide the new Privacy Policy and the ability to opt out (as required by law) before the new policy becomes effective. Page 20 Branch :OBS,User :GDUR ~\IH ~ ~II1 ~ ~ ~v ~ ~ ~z~ ~ " ~~ ~ ~~~ w~ ~ Cj) " ~ 8 ~ ""I :;:;'? Order: 1759182 Title Officer: 66 Comment: .. ~"' N 11f..SS. "''~ ~~··'"_/ --- Station Id :ROOV I 0 z 1-H z :J tj H w {f) <( I (!.. I') I N 01 0 z 1-0 1- 0 <t: rn {f) ....J rr: <t: 0 I "" I') ... 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'-·' .. _ ~ Yl ~ ~--------------------------------------------------------------- IJ:j ,_, § & @ UJ u~ (!> ,_, § ~ i >--' -.....1 lfJ ~ >--' 00 1:0 !-J a (!> 0 :::li 0 ~ o-, ~ 0 ~ ~ UJ ~ c;· ;::! ~ ~ 0 0 < Assessor's Parcel Number: 215-841-09-00 Project Number and Name: GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)IHMP 13-02-Daybreak Community Church EXHIBIT D-EASEMENT PLOT EXHIBIT Not applicable 21 CA 02/04/13 Assessor's Parcel Number: 215-841-09-00 Project Number and Name: GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)IHMP 13-02-Daybreak Community Church EXHIBIT E -MITIGATION PLAN 22 CA 02/04113 Daybreak Community Church Project Preserve Management Plan March 2016 Prepared for: Daybreak Community Church 6515 Ambrosia Lane Carlsbad, CA 92011 HELIX Environmental Planning Prepared by: HEliX Environmental Planning, Inc. 7578 El Cajon Boulevard La Mesa, CA 91942 Section Daybreak Community Church Preserve Management Plan TABLE OF CONTENTS 1.0 INTRODUCTION .................................................................................................................... 1 1.1 Purpose for Inclusion of the Preserve Area in the HMP ..................................... 1 1.2 Purpose of the Preserve Management Plan ......................................................... 1 2.0 PRESERVE DESCRIPTION ................................................................................................... 2 2.1 Geographical and Regional Setting ..................................................................... 2 2.2 Preserve Boundaries and Historic/Current Land Use ......................................... 2 2.3 Geology, Soils, and Hydrology ........................................................................... 2 2.4 Ownership and Legal Description ....................................................................... 3 2.5 Restrictive Covenant Compliance ....................................................................... 3 3.0 HABITAT AND SPECIES DESCRIPTION ........................................................................... 4 3.1 Vegetation Communities .................................................................................... 4 3.1.1 Southern Maritime Chaparral.. ................................................ ., ............... 4 3.1.2 Diegan Coastal Sage Scrub (including disturbed) .................................... 5 3.1.3 Diegan Coastal Sage Scrub/Chaparral Scrub -Disturbed ........................ 6 3.1.4 Ornamental/Non-Native Vegetation ......................................................... 6 3 .1.5 Disturbed Habitat ..................................................................................... 7 3.1.6 Urban/Developed Land ............................................................................. 7 3.3 Wildlife Species .................................................................................................. 9 3.4 Wildlife Corridors and Linkages ....................................................................... 14 3.4.1 Regional Corridors ................................................................................. 15 3.4.2 Local Corridors ....................................................................................... 15 3.5 Fire History ....................................................................................................... 16 3.6 Threats ............................................................................................................... 16 4.0 MANAGEMENT AND MONITORING .............................................................................. 16 4.1 Biological Goals and Tasks ............................................................................... 17 4.1.1 Post-Fire Habitat Management and Monitoring in Years 1 through 5 ... 17 4.1.2 Long-Term Habitat Management and Monitoring After Post-Fire Habitat Recovery ................................................................................................ 19 4.1.3 Long-Term Sensitive Species Management and Monitoring ................. 21 4.2 Constraints ........................................................................................................ 21 4.3 Potential Impacts ............................................................................................... 22 4.5 Fire Management Goals .................................................................................... 22 5.0 ADAPTIVE MANAGEMENT .............................................................................................. 24 6.0 ADMINISTRATION AND REPORTING ............................................................................ 25 6.1 Annual Reports and Preserve Management Plan .............................................. 25 6.2 Data Management ............................................................................................. 26 6.3 Communication and Coordination .................................................................... 26 6.4 Budget/Endowment Management ..................................................................... 27 6.5 Operations and Staffing .................................................................................... 27 7.0 REFERENCES ...................................................................................................................... 27 LIST OF APPENDICES A-1 Restrictive Covenant for the Daybreak Community Church A-2 Plant Species Observed A-3 Animal Species Observed A-4 High and Moderate Category Invasive Plants A-5 Property Analysis Record A-6 Carlsbad HMP Post-Fire Monitoring Protocol LIST OF FIGURES Follows Page 1 Regional Location Map ........................................................................................................ 2 2 Project Vicinity Map (Aerial Photograph) ............................................................ : .............. 2 3 Project Vicinity Map (USGS Topography) .......................................................................... 2 4 Daybreak Community Church Preserve ............................................................................... 2 5 Vegetation ............................................................................................................................ 4 6 Fire History ........................................................................................................................ 16 7 Fencing and Signage .......................................................................................................... 16 LIST OF TABLES No. Title Follows Page 1 Existing Vegetation Communities within the Preserve ...................................................... .4 2 Special-Status Plant Species with Potential to Occur .......................................................... 8 2 Special-Status Animal Species with Potential to Occur .................................................... 1 0 11 11'/ft:,~"'== ~l Order No. 140-1759182-66 Orange Coast Title Company 3536 Concours Drive, Suite 120 Ontario, CA 91764 909-987-5433 cr= -------PRELIMINARYREPORT ~-~ Orange Coast Title Company 3536 Concours Suite 120 Ontario, CA 91764 Attention: Property address: Dated: Claudia Holcomb I: 6515 Ambrosia Lane, Carlsbad, CA 92011 2: El Camino Real, Carlsbad, C A 920 I I May 19,2016 Your no.: Order no.: 6515 Ambrosia 140-1759182-66 In response to the above referenced application for a policy of title insurance, Orange Coast Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount oflnsurance 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 CL TA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as the condition of title and may not Jist all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of May 13,2016 at 7:30AM The form of policy of title insurance contemplated by this report is: Page 1 r/IJJ--r ---- Helen Johnson, Title Officer Ph: 909-987-5433 Email: helenj@octitle.com DAYBREAK COMMUNITY CHURCH PRESERVE MANAGEMENT PLAN Prepared for: Daybreak Community Church 6515 Ambrosia Lane Carlsbad, CA 92011 Prepared by: HELIX Environmental Planning, Inc. 7578 El Cajon Boulevard La Mesa, CA 91942 March 2016 1.0 INTRODUCTION 1.1 PURPOSE FOR INCLUSION OF THE PRESERVE AREA IN THE HMP The purpose of this Preserve Management Plan (PMP) is to provide long-term management, monitoring, and reporting guidelines that are consistent with the San Diego County's Multiple Habitat Conservation Program (MHCP), Carlsbad Open Space Management Plan (OSMP) (Technology Associates International Corporation [TAlC], 2004), and the City of Carlsbad Habitat Management Plan (HMP) for approximately 3.9 acres of biological open space associated with the Daybreak Community Church Project (project). This PMP will provide conservation of sensitive resources and will meet HMP pennit and California Environmental Quality Act (CEQA) obligations for the project through the establishment of the Daybreak Community Church Preserve (preserve). 1.2 PURPOSE OF THE PRESERVE MANAGEMENT PLAN The purpose of this PMP is to: • Meet the requirements for environmental documentation to comply with state and federal statutes and regulations; • Identify required personnel qualifications for implementing management goals and objectives; • Serve as a budget planning aid for annual budget preparation; • Provide an overview of the preserve's management goals and objectives, as well as specific directives for the protection and management of native habitats and wildlife; • Summarize existing data on the native habitats, plants, and wildlife which occur on or use this property; and } • Outline appropriate public uses of the preserve and its resources. The applicant is proposing that San Diego Habitat Conservancy (SDHC) be the Preserve Manager for the preserve. Jim Rocks, who will be SDHC's manager for this site, meets all of the requirements of a Preserve Manager. The contact information for SDHC is: 2770 Historic Decatur Road, Ste. 205 San Diego, CA 92106 (619) 365-4839 www .sdhabitat.org HELIX Environmental Planning------------------------------- Preserve Management Plan for Daybreak Community Church Preserve I DAY-07 I March 2076 DAYBREAKCHURCH MINUTES OF A MEETING OF THE BOARD OF DIRECTORS OF DAYBREAK COMMUNITY CHURCH OF COASTAL NORTH COUNTY, A CALIFORNIA NON·PROFIT RELIGIOUS CORPORATION Dated: May 4, 2016 A Meeting of the Board of Directors of Daybreak Community Church of Coastal North County, a California non-profit religious corporation (the "Corporation'') was held on May 4, 2016 at 3:30p.m., at the offices of the Corporation in Carlsbad, California. The following, being all the members ofthe Board of Directors, were present and participated in the meeting: Jason Graves President Gary Webb, Vice President l3ruc~Mo~!1" Secretary~Tr~asl1rer and J::lder Eric Fracassi Trustee Mitch Guarneros, Trustee Bill Keeline Elder The President stated the first order of business for the Board was to consider granting Gary Webb, Vice President, authority to execute documents on behalf of the Corporation pertaining to the Corporation's applications with the City of Carlsbad. After discussion, upon motion duly made, seconded and carried by unanimous vote, the following resolution was adopted: RESOLVED, the Corporation authorizes Gary Webb, Vice President to execute documents on behalf of the Corporation pertaining to the Corporation's applications with the City of Carlsbad. There being no further business to come before the meeting, upon motion duly made, seconded and unanimously carried, lh,: meeting was adjourned. \ 7,-/ .y -r-~1;_/ ~--~ ,J?rarav~ h-WI ... ·--/ ?/ Bruce Moon . President . SecretarytTreasurer .. 6515 ambrosia lane . carlsbad ca 92011 . www.daybreakchurch.org