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HomeMy WebLinkAboutCDP 2017-0064; SLOWIK ADU; Coastal Development Permit (CDP)--------------1' , ______________ , ,_ ___________ _ -t·cityof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APP~ICATI0N$ APP~IEi0 FOR: (CHEiCK i0Xli$) Develqpment Permits (FOR DEPT.USE ONLY) Legislative Permits (FOR DEPT.USE ONLY) D Coastal Development Penn it D Conelitional Use Permit C9f' ,4 ~inor D General Plan Amenelment -ion~ 001p D Minor D Extension D Day Care (Large) D Environmental Impact Assessment 0 Habitat Management Penn It O Minor 0 Hillside Development Permit O Minor 0 Nonconforming Construction Permit D Planned Development Penn~ 0 Minor D Residential D Non-Residential D Planning Comml&&iim 0ewnninaiion D Reasonable Aecom modation D Site Development Plan OMinor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D T8ntativo Tract Map (Major SUbdivision) D Vartance D Minor D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change □Amendment □Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permirs D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major NOTli: A PROPOCliD PAOJ&CT RliQUIRINC APPUCA TION 9U8MITTAL MUCT Ill'. CUIIMtTTliD IIY APPOINn.s:NT"'. PLIIACli CONTACT TIIII APPOINTMliiNTstPliCIAUCT AT (7901 802•2n3 TO SCHEDULE AN APPOIN1MEIIT. 'SAIie DAT APPOIN1MEIIT8 ARE NOT AVAILAl!I.I! ASSESSOR PARCEL NO(S)· LOCATION OF PROJECT ?)(ff I.av~ i-hu D. _,h $WWI II-. /tVt,t. (STREET ADDRESS) NAME OF PROJECT / / ,1 Q1) ~ 0-: (/h t ~R.lj ,Z: 14 d V,~ [ ~~, BRIEF DESCRIPTION OF ~ "t l(}-veA-4.(/., 'p'ti;: Ile') r:eck- PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) ESTIMATED COMPLETION DATE lo-1-1 P, __ FOR CITY USE ONLY O&v&lopment No. 1)SV 2-D/] -D '].., I (o Laad Cau No. P-1 Page 1 of6 Re'1sed 03/17 OWNER NAME (PLEASE PRINT) INDIVIDUAL NAME s (II eppllceble): ~AA@J:t:Il!:5E=~=-=~l/)lo!!,;r()=\~"-::::;, __ _ COMPANY NAME (If applicable): MAILING ADDRESS: .,.,,.. ........... ....c;. ..... ='-"-""-'-""""--== CITY, STATE, ZIP: APPLICANT NAME INDIVIDUAL NAME (if applicable): COMPANY NAME (if applicable): (PLEASE PRINT) MAILING ADDRESS: ------------ TELEPHONE: EMAIL ADDRESS: TELEPHONE: ::2.J~~.21.1,!.lc!,/..::.J:~~"°:!9.!~~.,I EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER ANO THAT ALL THE ABOVE INFORMATION IS TRUE ANO CORRECT TO THE BEST OF MY KNOII\ILEOGE. SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES Of THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION RUE D RECT TO THE BEST OF MY KNOWLEDG SI IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATIO . ~/WE CONSENT TO ENTRY FOR THIS PURPOSE FOR CITY USE ONLY P-1 'K!Ot'""TY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING I PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH SSORS I INTEREST Page 2 of 6 OCT O 3 2017 CARLSBAD DATE' STAMP AP/5116AV'115N:B11.r.E1VED Revised 03/17 ( City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this Information Is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, Joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.' Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) PersonS"1,H\:@H..J .S 42 W ; ~ Corp/Part. _________ _ Title M,.l). Title ___________ _ Address39 '10 'i«, tvNYH I LL ~11/t:.. Address " ------------ O W NE R (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ,8LL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (I.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached If necessary.) Person St'nY"0..::. Sww It'.:-Corp/Parl'------------- Title f-J. • ~ Title ____________ _ Address 391q o ~IJfJ.11Lt .M. Address __________ _ ~~ ff-I) QA-ct ;u.JC.)¥' ---------- Page 1 of 2 Revised 07/10 J 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as tr:tee or beneficiary of the. Non Profit/Trust N /j:!.. Non Profil/Trust, _ _,//,~L;.iP.. ..... ____ _ Title ,~ Title ______ -'--/ ______ _ Address _________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes ~ No if yes, please indicate person(s)· .. ___________ _ NOTE: Attach additional sheets if necessary. Print or type name of owner Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 ol 2 Rellised 07/10 (city of Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: Slowik ADU Development Services Plannlng Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov ----------------------- APPLICANT NAME: Sharon Slowik ---------------------- PI ease describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: 1,100 sq ft one story ADU (2nd dwelling unit) with a 782 sq ft attached garage and coverd patio, to be built in the rear of the property at 3960 Sunnyhill Dr. There is an exisitng 2,855 sq ft single family residence and garge on the property, no changes to this building are proposed. The proposed ADU is to be built on an existing pad at the rear of the property and complies with setbacks and height limates. The design is similar to the existing home and homes in the area. There will be some grading and minor retaining walls for the ADU, parking and privacy. P-1(B) Page 1 of 1 Revised 07 /1 O • {'city of Carlsbad ... HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Plannlng Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gCN Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~ The development project and any alternatives proposed in this application are not contained on the ~ lists compiled pursuant to Section 65962.5 of the state Government Code. D The development project and any alternatives proposed in this application J!!! contained on the lists compiled pursuant to Section 65962.5 of the state Government Code. Phone Number 7{,,f} '3/'Q?;z t,----ztlt '7 PROPERTY OWNER Name ~J <nlq-c, )( I~ Address "1if {pQ 7'Af\l\r tk J} 1;,n_ C'Ml4zf1J40 04 Phone Number:. __________ _ Address of Site: Z414tQ ':7 (1 K) I\ "t t/1 Y}pfL:_ Local Agency (City and County): ______________________ _ Assessor's book, page, and parcel number: '70 f O(t;-f-Q :1'. ~ ('l::LJ Specify list{s): ____________________________ _ Regulatory Identification Number .. · _______________________ _ The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) General Information 1. 2. 3. 4. 5. 6. 7. 8. 9. Name of project: '7 l J 'l-< A] ( / J..... ... Name of developer or project sponsor: ,/ru/(1; U<7td Address: ___________________________ _ City, State, Zip Code: _______________________ _ Pl1un~ Nu111001. Name of person to be contacted concerning this project: ~ /L!{ lj~ Address: ~l~b =-~ 1:4 c, ~: City, State, Zip Code:~ DZ:¥ Phone Number 7'-,0-l/0'./ -S: ~ '7 Address of Project ·::;,CJ'laC) ".2zcl n (\ '1, b .,J, / yf?: Assessor's Parcel Number Z,.o1-t?{p<.f--b'2 -0:0 List and describe any other related permtts and other public approvals required for this project, including those required by city, regio5: state and federal agencies: PL&. , l Existing General Plan Land Use Designation: --~fi:.,--1\..._ ___________ _ Ex1st1ng zoning district" _____ q,,_.,.'\.A...---------------- Ex1st1ng land use(s) , dz-~ ~4 ~ Proposed use of site (ProJect for wh1dfti1s form 1s filed). ----1'-fDi..,.._,.,V.._ _____ _ Project Description 10. Site size t-~I '5f_(.,, q ~~ ,& 11 Proposed Building square footage l JdJ "°/ff-1~2.11 Ff~M,J(J!c 12: Number of floors of construction: -------+-------------- 13. Amount of off-street parking provided: -----,--,-,-1-------------- Associated projects: ________ _./Jl-=-,11J.1f:~-------------14. P-1(0) Page 2 of 4 Revised 07/10 ,.. "'-1, 15. If residential, include the number of units and schedule of unit sizes: ----..J------ 16. It commercial, 1nd1cate the type, whether neighborhood, city or regionally onented, square tootage of sales area, and loading facilities: ______________________ _ ui~ 17. If industrial, indicate type, estimated employ ent per shift, and loading facillties: _____ _ 1B. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from e project: ________ _ 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: P-1(0) Page 3 of 4 Revised 07/10 Are the fo/lCMting items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes ~ ?O r.h,mge in existing fe;at11res nf ,any h,a~, tirlel,ancfa, he,a~hes, or hills, nr ~11hsl,anli,al □ alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ • roaas. -; 22. Change in pattern, scale or character of general area of project □ ~ 23. Significant amounts of solid waste or litter. □ ~ 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ • 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ ~ alteration of existing drainage patterns. 26 S1.1bstantial Ghan.ie in exietin.i roi:.e 11r vi1;>rati11n levele in the vicinity □ ~· 27. Site on filled land or on slope of 10 percent or more. • □ 28. Use of dispcsal of potentially hazardous materials, such as toxic substances, □ ~ flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ ¢ etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ ~ 31. Relationship to a larger project or series of projects. □ ~· / Environmental Setting Attach sheets that include a response to the fo/f(NV,ng quesuons: 32. Describe the project site as it exists before the project, including information on topcgraphy, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surroun<ling properties, inclu<ling Information on plants an<l animals an<l any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and infnrm,alinn r,res.,nl"rl "'" '""' ,anrl r.nrr"d In too he~t nf my kn~~ Date: /I) 4,r () Signature: J For: P-1(0) Page 4 of ◄ Revised 07/10 ( City of Ca rlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: 5lOW//c ,z1v1::> DN(!-ll.11-J~ PROJECT ID: ADDRESS: 3i~o '&..,t /'1/J 'i-f1 ILL Df!.,Clrfl.LSBfro,cA q,z.oo~ APN: ea7-Oe4-02 The project is (check one): D New Development 81 Redevelopment The total proposed disturbed area is: ('!>Go ft2 ( 0. 17 ) acres The total proposed newly created and/or replaced impervious area is: 4.604 ft 2 ( o. /0 ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 8TEP1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ ~ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development project', go to Step 2. ITIPI TO •COIIPI.ITID POIIALL1IIVILONIIIR' MCNIC1'I To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; □ ~ b} Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets ouidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ 181 accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ ~ If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If vou answered "no" to the above questions, your oroiect is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV 04/17 •• \• •' ~-•·~ .#,-'!1 ,.,• •. • ~:t,•,• ~ \'-"1,r' '• ,., , I / "'W,>""!,'~'(',., ,. ,"• ,) _., ';," I ._ • -.Jlll)IJt~•~~~~ffil"'i'Jl< .,. -.... "OJ~ .. '--/\~":"'';:'.•~~~~,~~~';;•,::;~~ .... -~-... ,.;,.,-~ 'tr . (IC,; +, • ..l,. i-:,._i,,,. • ' -...1 . --If" -... ... • ' ~ ',it~ • • • ' "' ~.f' ·-:.(.\~.1~i,£":i .. Jt:~~& ['., .,. ·•-~-./•4',.~ ~_;_ .!.L • •-L-.. ~ ~~ ... :.,.; , .' ·._ ""·.-... ,!: ... ,. __ .. ~(. "' .. ., .... .,~} ·. k, ._ ~.l•.,., -~,--... ~<~~ To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ l8J and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ ~ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ 29 refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ ~ development project includes development on any natural slooe that is twenty-five percent or greater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ ~ a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road , highway, freeway or driveway surface collectively over the entire project □ 181 site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ ~ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the oroiect to the ESA (i.e. not commingled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ 181 shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ 181 RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles oer day. 1 O. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ ~ and are expected to generate pollutants post construction? 11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of □ gJ impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC 21.203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box stating "My oroiect is a 'STANDARD PROJECT' ... " and complete applicant information. E-34 Page 3 of 4 REV04/17 STEP, TO BE COIIPLET!D FOR REDIVELOPMENT PROJl!CTS THAT.AR! PRIORITY DEVELOPMENT PROJECTI (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = ____________ sq. ft. Total proposed newly created or replaced impervious area (8) = ___________ sq.ft. Percent impervious area created or replaced (B/A)*100 = _____ % YES NO □ □ If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the check the first box statin "M ro·ect is a PDP ... " and com lete a licant information. D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. ~ My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requireme,::its of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box ApplicantTitle: f'-°,~ EWu~~ Date: \o{z,,/1,aq • Environmentally Sensitive Areas lnclu ut a not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Re un:es Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. Th' B fi c· U O I IS ox or 1ty se n,y YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 04/17 ✓ Ccuyor Carlsbad MINOR COAST AL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov P-6 A proposed project requiring application submittal must be submitted by appointment"'. Please contact the appointment specialist at (760) 602-2723 to schedule an appointment. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planne,J. Please refer to the current fee schedule for the appropriate $/square foot fee rate. ⇒ New Residential Square Footage: 11 DD D square feet x $ ___ _,/sq. ft. = $ ________ _ ⇒ Residential Addition Square Footage: ______ square feet x $ ___ ~/sq. ft. = $ ________ _ ⇒ Any Garage Square Footage: ZB2 D square feet x $ ___ _,/sq. ft. = $ ________ _ ⇒ Residential Conversion Square Footage: ______ square feet x $ ___ _,/sq. ft. = $ ________ _ ⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ______ square feet x $ __ /sq. ft. = $ __________ _ COST OF DEVELOPMENT ESTIMATE:$ ___________ _ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) Ii] 2. A Coastal Development Permit ($60,000 or more cost estimate) D C. Street address of proposed development 3960 Sunnyhill Dr P-6 Page 1 of6 Revised 05117 D. Assessor's Parcel Number of proposed development 207-064-02-00 E. Development Description: ., Briefly describe project: 1,100 sq ft Detached 2nd Dwelling unit (ADU) w/ 2 car garage and covered patio F. Describe the present land uses (I.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: single family homes south: single family homes East: Single family homes west: single family homes G. Is project located within a 100-year flood plain? D Yes Ii] No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? 1K] Yes D No If yes, please describe. 2073 SQ ft single family one story residence with garage B. Will any existing structure be removed/demolished? D Yes ~ No If yes to e~her question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ill. LOT COVERAGE A. Existing and Proposed Existing Pro11osed Total Building Coverage 2855 sq. ft. 1909 sq. ft. 4764 sq. ft. 20 Landscaped Area 16459 sq. ft. 4671 sq. ft. 11789 sq.ft. 50 Hardscape Area 6951 sq. ft. 2762 sq. ft. 6713 sq. ft. 30 Unimproved Area (Left Natural) 0 sq. ft. 0 sq. ft. 0 sq. ft. 0 P-6 Page 2 of6 Revised 05/17 % % % % P-6 B. Parking: Number of existing spaces 4 Number of new spaces proposed 3 Existing/Proposed TOTAL: 7 Number of total spaces required 4 Number of covered spaces 4 Number of uncovered spaces 3 Number of standard spaces 7 Number of compact spaces Is tandem parking existing? Oves#_li] No Is tandem parking proposed? OYes#_li]No C. Grade Alteration: Is any grading proposed? Kl Yes D No If yes, please complete the following: 1. Amount of cut ________ 2_9_0 _________ cu. yds. 2. 3. 4. 5. 6. Amount of fill 60 ________ _:_;:_ ________ cu. yds. Maximum height of fill slope 2' _____________ feet _____________ f.eet Maximum height of cut slope 4' Amount of import or export 230 ----==-=----------'cu. yds. Location of borrow or disposal site TBD Page 3 of6 Revised 05/17 ( City of Carlsbad Project Name: Slowik Residence STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Project Information Project ID: c.. 'DP 90/'7 -nnr,.., '-I DWG No. or Building Permit No.: Source Control BMPa Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www .carlsbadca.gov All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual. Discussion/justification is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "NIA" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be provided. Source Control Requirement Applied? SC-1 Prevention of Illicit Discharges into the MS4 Ill Yes D No D N/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage □Yes D No 11 N/A Discussion/justification if SC-2 not implemented: New private storm drains dissipate onsite. SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind Iii Yes □No D N/A Dispersal Discussion/justification if SC-3 not implemented: E-36 Page 1 of 4 Revised 09/16 C 0 ' Source Control Reaulrement (continued) ~Dlled? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and D Yes D No [I] N/A Wind Dispersal Discussion/justification if SC-4 not implemented: SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal ll}Yes 0 No 0 N/A Discussion/justification if SC-5 not implemented: SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Appendix E.1 of BMP Manual for Quidance). Iii On-site storm drain inlets ll)Yes □No 0 N/A D Interior floor drains and elevator shaft sump pumps D Yes D No Ill N/A □ Interior parking garages D Yes D No Ill N/A D Need for future indoor & structural pest control □Yes ONo 111 N/A Iii Landscape/Outdoor Pesticide Use Ill Yes D No 0 N/A □ Pools, spas, ponds, decorative fountains, and other water features □Yes 0 No 11 N/A D Food service D Yes □No Ill N/A D Refuse areas □Yes □No Ill N/A □ Industrial processes D Yes 0 No Iii N/A □ Outdoor storage of equipment or materials D Yes D No Ill N/A D Vehicle and Equipment Cleaning □Yes □No Ml N/A □ Vehicle/Equipment Repair and Maintenance D Yes 0 No 111 N/A D Fuel Dispensing Areas D Yes 0 No lil N/A D Loading Docks D Yes D No Ill N/A D Fire Sprinkler Test Water □Yes 0 No 111 N/A □ Miscellaneous Drain or Wash Water □Yes ONo ll N/A □ Plazas, sidewalks, and parking lots □Yes ONo Ill N/A For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers. E-36 Page 2 of 4 Revised 09/16 Site D•lgn BMPa All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following . • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion / justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. Site DNlgn Requirement I Applled? 50-1 Maintain Natural Drainage Pathways and Hydrologic Features I Ill Yes I □No I D N/A Discussion/justification if SD-1 not implemented: 50-2 Conserve Natural Areas, Soils, and Vegetation I Ill Yes I □No ID NIA Discussion/justification if SD-2 not implemented: 5D-3 Minimize Impervious Area I ~Yes I 0 No I D NIA Discussion/justification if SD-3 not implemented: 5D-4 Minimize Soil Compaction I Ill Yes I □No ID NIA Discussion/justification if SD-4 not implemented: 5D-5 Impervious Area Dispersion I Ill Yes I ONo ID N/A Discussion/justification if SD-5 not implemented: 0 Site D•lan Raaulrement (continued) I ADDlled? SD-6 Runoff Collection I II Yes l D No ID N/A Discussion/justification if SD-6 not implemented: SD-7 Landscaoinq with Native or Drouqht Tolerant Species I II Yes I D No ID NIA Discussion/justification if SD-7 not implemented: SD-8 Harvesting and Using Precioitation I D Yes I D No I Ill N/A Discussion/justification if SD-8 not implemented: E-36 Page 4 of 4 Revised 09/16 • September 30, 2017 Jeffrey Justice Wells Fargo Home Mortgage 2420 Vista Way, Suite 210 Oceanside, CA 92054 Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Borrower: Property: We enclose the following: Preliminary Report 1920-263885 Michele Graham MGraham@firstam.com The Slowik Family Trust 3960 Sunnyhill Drive calrsbad, califomia 92008 _ _. I First American Title Company 1620 West Fountainhead Parkway, Surte 600 Tempe, AZ 85282 Phn • (480)739-1400 Fax -(Bbb}547-859l Thank you for your confidence and support. We at First American Title Company maintain the fundamental principle: Customer First! C PRELIMINARY REPORT Order No.: 1920-263885 Escrow No.: Page Number: 2 In response to the above referenced application for a policy of title insurance, this 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 trom the coverage and Limitations on Covered Risks ot said policy or policies are set forth in Exhibit A 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 exdusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowners 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 A. 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 exduslons set forth In Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all Hens, 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. First American Title Insurance Company fl-r/4t4- Ditnnis J 0.tmor• Prestdent ~~~ Jetm,y S Rot,,nson Secrelary First American Title Company ,... Dated as of September 25, 2017 at 7:30 A.M. The form of Policy of title insurance contemplated by this repcrt is: ALTA Loan Policy 1056.06 (6-17-06) Order No.: 1920·263885 Escrow No.: Page Number: 3 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: PAUL T. SLOWIK AND SHARON M. SLOWIK, CO-TRUSTEES, OR THEIR NAMED SUCCESSOR TRUSTEES, OF THAT CERTAIN REVOCABLE TRUST AGREEMENT EXECUTED MARCH 2, 2000 BY PAUL T. SLOWIK AND SHARON M. SLOWIK FOR THE BENEFIT OF THE SLOWIK FAMILY The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2017-2018. First Installment: $3,240.69, OPEN Penalty: $0.00 Second Installment: $3,240.69, OPEN Penalty: $0.00 Tax Rate Area: 09000 A. P. No.: 207-064-02-00 2. The lien of bonds and assessment liens, if applicable, collected with the general and special taxes. 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. Easements and servitudes as they appear on maps, or in documents recorded in the Official Records of said County and matters in various instruments of record which contain, among other things, easements and rights of way in, on, over or under the common area, if applicable, for the purpose of constructing, erecting, operating or maintaining thereon or there under, overhead or underground lines, cables, wires, conduits, or other devices for electricity, power, telephone and other purposes, storm water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes and any similar public or quasi-public improvements or facilities. Also, the equitable right of use and enjoyment in and to and throughout the common area, If applicable, as well as non-exclusive easements and equitable right for Ingress to the Flrst American Title Company C 0 Order No.: 1920-263885 Escrow No.: Page Number: 4 owner herein described. Reference is hereby being made to various documents and maps of record for full and further particulars. 5. Limitations, covenants, conditions, restrictions, resolutions, annexations, reservations, easements, exceptions, terms, assessments, liens and charges, if applicable, in instruments recorded in the official records of said county any amendments and modifications thereto, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 use 3604(C) or applicable state law. 6. A deed of trust to secure an original indebtedness of $471,000.00 recorded September 01, 2015 as INSTRUMENT NO. 15-461744 OF OFFICIAL RECORDS. Dated: Trustor: Trustee: Beneficiary: August 17, 2015 PAUL T. SLOWIK AND SHARON M. SLOWIK, CO-TRUSTEES, OR THEIR NAMED SUCCESSOR TRUSTEES, OF THAT CERTAIN REVOCABLE TRUST AGREEMENT EXECUTED MARCH 2, 2000 BY PAUL T. SLOWIK AND SHARON M. SLOWIK FOR THE BENEFIT OF THE SLOWIK FAMILY ADELITY NATIONAL TITLE INSURANCE COMPANY WELLS FARGO BANK, N.A. First American Title COmpany INFORMATIONAL NOTES Order No.: 1920-263885 Escrow No.: Page Number; 5 1. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single Family Residence known as 3960 SUNNYHILL DRNE, CALRSBAD, CA. 2. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the Public Records on or after February 8, 2011, encumbers the Title except as follows: None The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy Jacket for the policy that is to be issued in connection with your transaction. Arst American Tltle Company C LEGAL DESCRIPTION Order No.: 1920-263885 Escrow No.: Page Number: 6 Real property in the City of Calrsbad, County of 5an Diego, State of California, described as follows: LOT 28 OF CARLSBAD HIGHLANDS, IN THE CHY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2647, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1950. EXCEPTING FROM SAID LOT THAT PORTION THEREOF LYING NORTHERLY OF A LINE WHICH IS PARALLEL WITH AND 6.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 28 AT THE NORTHERLY TERMINUS OF A CURVE THEREIN CONCAVE EASTERLY AND HAVING A RADIUS OF 200.00 FEET, SAID POINT BEING DISTANT NORTHERLY ALONG SAID CURVE, 102.17 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 28; THENCE NORTH 81°35'30" EAST PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 215.00 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID LOT. APN: 207-064-02-00 First American Title Company NOTICE Order No.: 1920-263885 Escrow No.: Page Number: 7 Section 12413.1 of the california insurance code, effective January 1, 1990, requires that any title insurance company, under-written title company, underwritten title oompany, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the trans-action or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of tnree to seven days, or more please use wire transfer, casnier's checks, or certified checks whenever possible. ************ NOTICE In accordance with section 18662 of the revenue and taxation code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of california real property interest by either: 1. A seller who is an individual with a last known street address outside of california or when the disbursement instructions authorize the proceeds be sent to a financial intennediary of the seller, or 2. A corporate seller which has no pennanent place of business in california. The buyer may become subject to penalty for foilure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), or 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of canfornla, or If a corporation, nas a permanent place of ous1ness In callfomla, or 3. The seller, who is an individual, executes a written certifcate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in section 1034 of the internal revenue code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The califomia statutes referenced above include provisions which authorize the franchise tax board to grant reduced withholding and waivers from withholding on a case-by--case basis. The parties to this transaction should seek an attorney's, accountants, or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. First American Tltle Company 09 • ·~ • •. •• r( ~ :,:, ii! ( g "' f @ ~~JTY EIOCl<.ao7PIUOf.$11T2Qf"2 ~--5,:, 9'. • '<,1..' '' \'"~ \ •J-.: <" . .,,..3!-•-j ....... ,.,.. ........ s l'~A 1' ·. \ ,<t-' @ SH 1 @ -· @ 111•~~:~.-I \ 2C7-06 SHT 2 OF 2 ,.!oo· ~\ \\ \ .,. ' ~ \ ;,.\ ,,,~ ~l."' \, ' ~ ~ ·. ' \\D ' ' \ \ ' ' \ \ V \ ~-~'-.. \ :. . l!! ,i;, ,,-:: ~ .... ~ ,~ ~ '<- BREA LN rjl IM-/ll:!1m,I, EK CHANGES 1LKi01.oiiiw!i -CUT '..!ill! ,i,,. ';LJldn °"' J"•··::. mi>· 'it!.. .,... -', .. '11.l .. (@ ~ I-+-+-.:,+--I ti) SHT I gi MAP5524-H0LLV BRAE ESTATES MAP 26'+ J • CARLSlAD HIGILNIDS ROS 939,3558,44!!4,151142,16863 <C " " .!I m "'~ 0 fai 3 • ~ Q'ZZ ~ 0 0 .. :. :. "' :. ~ i ., () 0 - First American Tl~e Company Order No.: 1920·263885 Escrow No.: Page Number: 9 -··--···-·-··--. -------·----C 0 WIRE INSTRUCTIONS for First American Title Company First American Trust, FSB 5 First American Way Santa Ana, CA 92707 ABA #122241255 ACCOUNT #3110570000 Order No.: 1920-263885 Escrow No.: Page Number: 10 CREDIT: First American Title Company Escrow Trust Account TITLE OFFICER: Michele Graham TITLE #1920-263885 NOTE: THIS INFORMATION SHOULD BE USED FOR ALL FUNDS TO BE WIRED FOR THIS ORDER. PLEASE INCLUDE THE TITLE OFFICER'S NAME AND TITLE NUMBER WHEN WIRING FUNDS. First American Title Company EXHIBIT A -- Order No.: 1920-263885 Escrow No.: Page Number: 11 UST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1, CAUFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POUCY • 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy doe5 not Insure DgDin~ loss or dcmage (and the Compony will not pay cost5, attorneys' fee, or expenses) which arl5e by reo:son of: I. 2. 3. 4. 5. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, nr nntirP nr ~lf'h rirnrPPf'ilnoc:, whPtht:>r nr nnt c:hnwn hy thP rPrnrric: nf ,;i 1r'h ;iQPnrv nr hy ttlP f"II 1hlir rPl"'Orth:. Any facts, rights, Interests, or claims whk:h are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in pQSSeSSion thereof. Easements, liens or enwmbrances, or claims thereof, which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. (a) Unpatented mining dalms; (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. 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. (o) Any klw, ordinonce or govcmmentDI regulotion (Including but not limited to building end zoning li!m51 ordlnoncC$, or regulations} restricting, regulating, prohibiting or relating to {i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensiOns or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or oovernmental reoulations. except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not exduded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ot Polley. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. J. Defects, liens, encumbrances, odverse clolm5 or other matters: {a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed in writtno to the Company by the insured claimant orior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or {e) resulting in loss or damage which would not have been sustained if the Insured dalmant had pakt value for the Insured mortgage or tor the estate or interest insured by this policy. 4. Unenforceability of the llen of the insured mortgage because of the inability or failure of the Insured at Date of Polley, or the inabllity or failure of any subsequent owner of the indebtedness, to comply with applicable "doing businessn laws of the state in which the land Is situated. S. Invalidity or unenforccablUty of the lien of the insured mortgage, or doim thereof, which arise,. out of the tnmsactton evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest Insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERlCAN LAND TITLE ASSOCIATION OWNER'S POUCY FORM B • 1970 SCHEDULE OF EXCWSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation In ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental reoulatlon. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of Policy. 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 and not shown by the publie records but known to the insured daimant either at Date of Policy or at the date such claimant acquired an estate or Interest Insured by this policy and not disclosed in writing by the insured First American Title Company C Order No.: 1920-263885 Escrow No.: Page Number: 12 claimant to the Company prior to the date such insured daimant became an insured hereunder; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained rf the insured claimant had paid value For the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY FORM B -1970 WITH REGIONAL EXCEPTIONS WhPn thP AmNir:;=m I and TrtlP A!ic;nci;,Jtinn pnliry i!. uSP.d a~ a StandMd C".over;tgP. Policy ;11"1 not i:J"i an FxtP.ndM C..oW'raCJP Polity thP. exduslons set forth in paragraph 2 above are used and the following exceptions to coverage appear In the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown In parts one and two following: Part One 1. 2. 3. 4. 5. 6. 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. Any raas, ngnrs, interests, or cta1ms wrticn are not snown DY cne pu011c recoras Dut wrt1en cou1a De ascerta1nea by an lnspecoon of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the pub-lk: records. Discrepancies, conflicts in boundary lfnes, shortage in area, encroachments, or any other facts which a correct survey would dlsclo:.c, ond which ore not :1hown by public records. Unpatented mining daims; reservations or exceptions in patents or in Acts authorizing the issuance thereof~ water rights, claims or tltte to water. Any llen, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY • 1970 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCWSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the Janet or orohibltino a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any vtolatlon of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of palice pawer unless notice of the exercise of such rights appears in the public records at Date of Polley. 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 <.:ompany ana not Shown by the public recoras but known to the insured Claimant either at Date ot Policy or at the date such claimant acquired an est.ate or Interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c} resulting in no k>ss or damage to the insured claimant; (d} attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any mtutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceabillty of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to c.ompJy with applicable "doing business" laws of the state in which the land is situated. S. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY -1970 WITH REGIONAL EXCEPTIONS When the Amo:·icon Lond Title A:.~UGllon Lendei 5 Pofk:y i5 u:sed 05 a Standard Covet age Pofic.y ond not a:» an E.l'itendcd Cove,a9e Policy, the exdusions set forth In paragraph 4 above are used and the following exceptions to coverage appear In I.tie policy. SCHEDULER This policy does not insure against loss or damage by reason of the matters shown in parts one and two followtng: Part One I. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or asses5ments on real property or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but whlch could be ascertained by an inspection of said land or by maklng inquiry of persons in possession thereof. Easements, daims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions ln patents or in Acts authorizing the issuance thereof; water rights, claims or tltte to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, Imposed by law and not shown by the µuUlit.. 1~Ull.b. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY -1992 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE EXCWSIONS FROM COVERAGE First American Title COmpany ' Order No.: 1920·263885 Escrow No.: Page Number: 13 The following matters are expressly excluded from the coverage of this policy and the Company wUI not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (al Anv law, ordinance or aovemmental reouStion {lndudina but not limited to buildlna and zonino laws, ordinances. or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the tand; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement mereot or a notice Of a defect, uen or encumorance resumng rrom a VlOlatton or a11egeo v101at10n atrecttng me land nas oeen recorded In the public records at Date of Polley; (b) Any governmental polke power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: {a} whether or not rea:irded in the public records at Date of Polley, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the puboc 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 pulley; (c) resulting in no loss or damage to the Insured claimant; (d} attaching or created subsequent to Date of Policy (except to the extent that this policy Insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance Is afforded herein as to ~§P.i:;,c;mpnt<; for strP.P.t improvemenh. under 00Mtn.1rtinn or romr,~Pd at datf' nf pnllry); nr (e) resulting In loss or damage which would not have been sustained If the insured dalmant had pak:I value for the Insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inabiHty or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with the applicable ~doing buS!ness" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, Which arises out of the transaction evidenced by the insured mortgage and Is based upon usury or any consumer credit protection or truth In lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory llen for services, labor or materials over the lien of the in:,ured mortgage) arising from tin improvement or work related to the lond which is contracted fur 12nd commenced subsequent to Date of Policy and is not financed In whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Polley the insured has advanced or ts obligated to advance. 7. Any dalm, which arises out of the transaction creatlng the Interest of the mortgagee insured by this pcllcy, by reason of the operation of federal bankruptcy, state insolvency. or similar creditOrs' rights laws. that Is based on: (I) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or {Ill) the transactton creating the interest or me insured mortgagee beU1g deemed a preferential transfer except where me preferential transfer results from the faUure: {a) to timely record the instrument of transfer; or (b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. 7, AMERICAN LAND TITI.E ASSOCIATION LOAN POUCY • 1992 WITH REGIONAL EXCEPTIONS wnen me American Lana 111:1e Assoaation po11cy 1s used as a :,tancsarCI coverage Polley ana not as an t:xtendeel c.:overage l'Olley tf1e exduslons set forth In paragraph 6 above are used and the followlng exceptions to coverage appear In the policy. SCHEDULE B This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as. existing liens by the records of any taxing author1ty that levies taxes or assessments on real property or by the public records. Any facts, rights, Interests, or dalms which are not shown by the public records but which could be ascertained by an Inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would 01sc1ose, ano wnich are not Shown by puouc recoros. Unpatented mining claims; reservations or exceptions In patents or in Acts authorizing the issuance thereof; water rights, daims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, Imposed by law and not shown by the public records. 8, AMERICAN LAND TmE ASSOClATlON OWNER'S POUCY • 1992 EXCLUSIONS FROM COVERAGE First American TI~e company C Order No.: 1920-263885 Escrow No.: Page Number: 14 The following matters are expressly exduded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason or: I. (a) Any law, ordinance or governmental regulation (induding but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (ii) the d"laracter, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public record~ iat Dote of Polk;y. {b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, Hen or encumbrance resulting from a vfolation or a!Jeged violation affecting the land has been recorded in the public records at Date of Polley. 2. Rlahts of eminent domain unless notice of the exercise thereof has been recorded in the PUblic records at Date of PoltCY, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a} created, suffered, assumed or agreed to by the insured dalmant; (D) not Known to tne Lompany, not recon:iea In cne public recoras at uate or 1-'0lfC'/, Dut known to me msurect c1a1mant and not disclosed in writing to the Company by the Insured daimant 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 Data of Policy; or (e} resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any clalm, which arises out of the transaction vesting in the Insured the estate or interest Insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (Ii) the transaction creating the estate or interest tnsured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (d) tu Umt:ly lt:!UJII.J lht in!>llUllll:!fll ur lrdll!>ftr; UI (b) of such recordatlon to Impart notice to a purchaser for value or a judgment or lien aeditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER"S POUCY • 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exdusions set forth in paragraph 8 above are used and the following exceptions to coverage appear In the Policy. SCHEDULE B This polk:y does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason or: Part One: I. ,. 3. 4. 5 6. 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. Any facts, rights, lntor9':tl:, or clalm5: whk:h arQ not chown by tha public record5: but which could be ascert:ain'Kt by an lm;PQCtk)n of said land or by making inquiry of persons in possession thereof. Easements, daims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary Nnes, shortage in area, encroachments, or any other tacts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, clalms or title to water. My lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POUCY • 1987 EXCWSIONS In addition to the Exceptions in Schedule B, you are not Insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental pollce power, and the existence or violation of any law or government regulation. This Includes building and zoning ordinances and also laws and regulations concerning: • land use • land division * Improvements on the land "' environmental protection 2. This exclusion does not apply to vJolatlons or the enforcement of these matters which appear in the public records at Polley Date. 3. This exduslon does not limit the zoning coverage described In Items 12 and 13 of Covered Title Risks. 4. The rtght to take the land by condemning It, unless: • a notice of exercising the right appears In the public records on the Polley Date * the taking happened prior to the Polley Date and is binding on you If you bought the land without knowing of the taking. 5. Title Risks: "' that are created, allowed, or agreed to by you First American Title Company Order No.: 1920-263885 Escrow No.: Page Number: 15 * that are known to you, but not to us, on the Policy Date • unless they appeared in the public records • that result in no loss to you * that first affect your title after the Policy Date ~ this does not limit the labor and material lien coverage in Item 8 of Covered Tttle Risks 6. Failure to pay value for your title. 7. Lack of a right: "' to any land outside the area spectfically described and referred to In Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion doo not limit the accc,, coverage In Item !i of Covered Title Risk:t. 11. EAGLE PROT£CTION OWNER'S POUCY CLTA HOMEOWNER'S POUCY OF TITLE INSURANCE· 2008 AL TA HOMEOWNER'$ POU CY OF TITLE INSURANCE • 2008 CtnHlll'll!d Rhclcil 16 (Suhdiviclon taw Vlnbitinn). 1R (Building Ptitrmlt). 11 ('l.onlng) 11nd 71 (1Enn-n11dlm11mt of bnundary walhc or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCWSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police pcwer, and the existence or violation of those portions of any law or government regulation concerning: b. zoning a. building c. land use e. land division d. Improvements on the land f. environmental protection This Exclusion does not limit the coverage descnbed 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 appllcab~ building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Lond by condemning It Thl5 fxdusk:ln d~ not llmlt the c;QVC1·oge d=oibcd in Covered rusk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded In the Publk: 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 rer...ult in no loss to You; or d. that first occur after the Polley Date• this does not llmlt 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: d. tu any ldnd oubide the ared spedflcolly de;(;ribell and referred to In paragfdph 3 uf Sl:hedule A; c1nd b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described In covered Risk 11 or 21 UMffATJONS ON COVERED RISKS Your insurance for the folbwing covered Risks is limited on the Owner's Coverage Statement as follows: Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on St:hedulf! A are M follows: Your Deductible Amount Covered Risk 16: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1% of Polity Amount or $2,500.00 (whichever Is less) Our Malrimum DqHar Limit of L @biljty $10,000.00 $25,000.00 $25,000.00 $5,000.00 12. THIRO GENERATION EAGLE LOAN POUCY AMERICAN LANO TITLE ASSOCIATION EXPANOED COVERAGE RESIOENTIAL LOAN POUCY (1/01/08) EXCLUSIONS FROM COVERAGE The folk>wing matters are expressly excluded from the coverage of this palicy and the Company will not pay loss or damage, costs, attorneys' fees er expenses which arise by reason of: First American lltle company C 0 Order No.: 1920·263885 Escrow No.: Page Number: 16 1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restrk:ting, regulating, prohibiting, or relating to (I} the occupancy, use, or enjoyment of the Land; (ii} the character, dlmensk>ns, or location of any improvement Ct"Cctcd on the Lond; (ill) the :,ubdi'wislon of land; Of'{iv) environment.al protection; or the effect of any violotfon of these laws, ordinances, or governmental regulations. This Exdusion l(a) does not modify or llmlt the coverage provided under Covered Risk S, 6, 13(c), 13(d), 14 or 16. (b)Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered RtSk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or a. 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 Oaimant became an Insured under this palicy; (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 Cuvt=tW R.J3k 11, 10, 171 18, 19, 20, 21, 22, 23, 2◄, 27 l.n 28); 01 (e} resulting in loss or damage which would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforce.abillty of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing bui.inei.s laws of the ~te where the Land is: i.ituatQd. 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 upan usury, or any consumer credit protection or truth-in-lending law. This ExdusfOn does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of Invalidity, unenforceabillty or lack of priority of the Uen of the Insured Mort.gage as to Advances or modificaHons made after the Insured has Knowledge that the vestee shown In Schedule A Is no longer the owner of the estate or interest covered by this poUcy. This Exdusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exdusion does not modify or limit the coverage provided in covered Risk ll(b) or 25. 8. 1 he rauure ot I.tie resldenttal structure, or any portion ot It, to have tieen constructecl netore, on or atter Date ot .,alley in accordance with appllcable building codes. This Exclusion does not modify or limlt the coverage provided in Covered Risk S or 6. 13, AMERICAN LAND TITLE ASSOCIATION LOAN POUCY • 2006 EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the COmpany will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to buikting and zoning) restrk.:ting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the ch.lroctcr, dimensions, or location of ,:my improvement erected on the Li:lnd; (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 Drovlded under Covered Risk 5. (b) Any governmental police pcwer. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exdusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encLmbrances, adverse claims, or other matters (a} created, suffered, assumed, or agreed to by the Insured Claimant; {DJ not Known to tne LOmpany, not recordea in tne f'UDHc Kecoras at uate or 1-'ollcy, our Known to me insured ua1mant and not d1SCl0Se(l tn wrmng to the Company by the Insured Oalmant prior to the date the Insured Oalmant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Oalmant; (d} attaching or created subsequent to Date of Polley (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that wouk:I not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the Inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceablltty In whole or in part of the llen of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-inwlending \aw. 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 (LI) d µ1t:rt:1tmtldl lldJl3re, ru, dl!y ,~~ .. uu IIUl Mdlt::ll ill CUVt:IW R.l3k 13(l.l) u(Ulb JJUIILy. 7. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. Thfs Exduston does not modify or limit the coverage provided under Covered Risk ll(b). 14, AMERICAN LAND Tl1U ASSOCIATION LOAN POUCY • 2006 WITH REGIONAL EXCEPTIONS First American Title Company C r~ When the American Land Title Assodati licy is used as a Standard coverage Polley and not a,.._txtended coverage Polley the exdusions set forth in paragraph 14 above are used and the following exceptions to coverage appear In the policy. SCHEDULE 8 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or aS$essments that are not shown as existing liem; by the records of any taxing authority that levies taxes or as~ments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or th;1t may hP a~~rtPrl hy r,P:r~nc;, in po!=!~c;inn nf thP I ;:mrt. 3. Easements, liens or encumbrances, or daims thereof, not shown by the Public Records. 4. Any encroachment. encumbrance, violation, variation, or actverse dra.imstance affecting the Title that would be disdosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mininc daims; (b) reservations or exceptions in patents or in Acts authorizino the issuance thereof; (c) water riahts, claims or title to water, whether or not the matters excepted under (a}, (b), or (c} are shown by the Public Records. 15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY • 2006 EXCLUSIONS FROM COVERAGE The following matter.; are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to bulldlng and zoning) restricting, regulating, prohibiting, or relating to {I} the oca.ipancy, use, or enjoyment of the Land; {ii) the character, dimensions, or locatlOn of any improvement erected on the Land; (Iii) the subdivision of land; or (tv) environmental protedion;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 Rtsk 5. (b) Any governmental p01ice power. This Exclusion t(b} does not modjfy or limit the coverage provided under Covered Risk 6. 2. Rlghb of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Ri5k 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Qaimant; (b) not Known to the Company, not recorded In the Publk: Records at Date of Polley, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Oaimant priOr to the date the Insured Oalmant 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 Risks 9 and 10); or {e) resulting In los.s or damage that would not have been sustained If the Insured Claimant had paid value for the Titte. 4. Any e1a1m, oy reason at tne operanon ot teaera1 1>an1<n.1ptcy, state mSOlVency, or S1m11ar creditors! ngnts 1aws, tnat tne transaction vesting tne I !tie as shown In Schedule A, Is (a} a fraudulent conveyance or fraudulent transfer; or (b} a preferential transfer for any reason not stated in COvered Risk 9 of this p0licy. S. /\ny lien on the Title for real est.ate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown In Schedule A. 16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY · 2006 WITH RfGIONAL excePTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 16 above are used and the following exceptions to coverage appear In the policy. SCHEDULES This policy does not insure against loss or damage {and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or asse5$ffients that are not shown as extstlno liens by the records of any taxing authorltv 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 daims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. J. Easements, 11ens or encumbrances, or claims thereof, not snown t>y tne 1-'libhc Kecords. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disctosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a} Unpatented mining claims; {b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c} water rights, claims or title to water, whether or not the matters excepted under (a), (b}, or (c) are shown by the Public Records, First American Title Company C 0 rust American Title ::¥7 I Rrst American Tttle Privacy Jnfunnation We Are Committed to Safeguarding C11111tomer Information In order to better serve your needs now and in ttlt' Mure, we may ask. you to provide us with C@ftaln informaNon. we unde:mMld that you may be concerned about what we will dO With St.Jch informatloo • part.icu/arty anv oersonat or financial lnformatloo. We aoree that vou have a right to le.now how we wm utilize the DetSOnal infonnatlOl'I voo orovide to IJ5, Therefore. together With our subsidiaries we have adopted this Privacy Polley to govern the use and handling of your personal Information. Appllcabiltty This PrNacy Policy governs our use of the Information that you provide to us. It does not govern the manner in which we may use Information we have obtained from any other 50Ufe@. SUCh as Information oota\f'leo from a public record or from another person or entity. First American has also adopted broader guidellnes that govern our use of personal Information regardless or its source. l"lrM American adb the-"' guiddJnc, Its r.,1,-Jnformetlon V11lues. Types of InfonNtion Depending upon whidl of our servkeS you are utHizing, the types of noopublic personal Information that we may collect Jndude: • Infl)rrnatl()n we recelVe from you on appllcatlons, forms and In other communications to us, whether In writing, in person, by telephone or any other means; • InfOrmatiOn about your transactions with us, our affiliattd compani6, or othet5; and • Information we recetve rrom a consumer ll!PQrtin9' agency. Ute Of lnfomlatlon We request Information from you for our own Jegltimate business purposes and not for the benefit of any nonafflllated party. Therefore, we will not release -;oor infonnation to nonafflllated parties exCEpt: (1) as necessary for us to provide the product or service you have requested of us; or (2) as l)elfflitted by law. We may, however, store such Information indeflnltely, inciudsig the period after whidl any customer relationship has ceased. Suet, infonnatton mav be used for any lntffllal purpose, sud1 as quahty control efforts or CU$t0mel' analysts. We may also provide all of the types of nonr,uhlir pPf"';Or'l,lll lnfnrm:rticm lktM ii~ to llrlP rw mnrP. nf nur ;iffill'lh!d rorn.,;in!P.s .. c;om ;iffillMf!rl r.omp;mW!!; lnc.lrnP l'IMnd;II .,,,.rvk":P. pmvlders, l;lJffi il"I titllo ln~ul'f!I'!., prnl)Rrty iltll'f r:;Ku;dty insurers, and trust and investment advisory companies, or companies Involved In real estate services, s-uch as appraisal companies, home warranty companies and escrow companies. Furthennore, we may also provide all the Information we collect, as d&scrlbed abOve, to companies that perfom\ martetfng services on our behalf", on behalf" Of ow-affiliated companies or to other finencial Institutions with whom we or our affiliated companies have joint marb!ting agreements. _.__. even II you ore no ~r our -c:u,tomer, our ~oey Polley wm continue t-o appl), t-o you. ConlldutlaHt, au s.ec:urtty We will use our best efforts to ensure that no unauthoriZed parties have access to any of your information. We restrict access to nonpublic ~ Information about you to those indMduals and entities who need to know that information to provide products or services to you. We witl use our best efforts to train and oversee our employees and agents to ensure that your lnformallon wHI be handled responsibly and in accordance with this Pnvacy Policy and Fht American's Falr InformatiOn Values. We rurrenttv maintain ph\/Siall, electronic, and procedural safeguards that comptj, with federal regulations to guard your nonpublic personal Information. In,.,.,._tion Obtained Throtagh our Web Site First American Financial C{lq)()l'ilt:ion Is sensitive to privacy .Issues on the Internet. We believe it is important you know how we treat the information about YO!J we receive on the Internet. In general, you can vlSit Flrst American or Its affilates' Web stes on ttie Wortd Wide Web without telling, 115 who you are or revealing any information 8b0ut you,seff. Our Web serwn collect the c1om;'lin nitmtK, nnt thP. P.-mltt1 11dd-, of vkitntl:;. Thi<;; lnf<ltrrurtlon k i!QOl"FQo'ltfri to m1111~drtl! thP. numbP.r of vkm., ilW!r.ltJf! limfl '>f}Pnt on thF! !i:lh!, Pll(IP!. vlP.wf!d ,100 !.lmffar fnfnmufflon. ~ American uses this infonnatlon to measure the use of our Site and ID~ ideas to improve the COllt8tt of our site. There are tlmes, however, when we may need infonnatlon from you, such as your name and emali address. When informat:km Is needed, we wll use our best efforts to let you know at the time of coRectiOn how we wm use the personal lnfOrmatlon. Usuatfy, the personal Information we C0flect Is used only by us to respond to your tnqoJry, process an order or allow you to access specific account/profile Information. 1f you ctioose to share any personal information with us, we Wll only use it in accordance With the policies outfined above. h•I-Rei .. '""'-'liP" First American Financial Corporation's site and Its afflllates' sites may contain links to other Web des, While we try to llnk 0111\1 to sites that share our high standards and respect for privacy, we are not~ for the <Mtent or the privacy practices employed by other Siles. CooklN Some of First American's Web Sites may make use of "cookie" technology to measure site activity and to customize information to Yo!J' personal tastes. A cookie Is an element of aata that e Web Site c;an send to ywr browser, whk:h may then store the cookie on your hard drllfe, F!'$1:AffLCOffl uses stored cooties. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide \IOU with a more meaningful a!'ld Pf()dl.Jctlve Web site experience. Fair Information Values F""'-WP r-nndtlPr rT1n<:11rnPr lf»lr,Pr"t"tlnn" ,..,,,..,t t~ r,rh,My In "!I ntll' h,,,.J..,..,.._,.~ Wp ,.,,..ly nffH (""'11,..,.. "nrl -.vi,._ th;,t ,.,...,,,... " f;,\lrlrahlp tu,i,,°"'p ........,_ ,..,.,.,..,...,.., h-nl'« """ rnn'",.......- priv«y. Pldt8c:: Record We believe that an open pubffc record creates significant vakre ror society, entiances consumer choice and ae.ites ainsumer opportunity. We aaively support an open public rewrd and emphaSize Its Importance and contrliutlon to our economy. U.. We believe we should behave responsibly when we use information about a mnsumer In our business. We wlU obey the laws governing the a,llection, use and dissemination of data. Acacracy We wUf take reMOnable steps to help assure the accuracy of the data we collect, use and disseminate. Where posstble, we will take ff!:irS0flitble steps to CXlm!d' lnar:rllrate Information. 'Nl1t111, dl> wlUI Ull:l Jll,llilk. ltu,111J, Wl;: l.dl111Ul u.,,,t=U. h1<tU.U1<1\Ji:, !11f1,1111111llu11, w~ will l,,tlu: .. 111-..i1c1L,he-~~ lu Ol»i:>l U,,lllUIIJl;:I~ it1 lut!rlllfylrl\,f lht: !:oUUIU:l ur U11;: ""''-"'= 1Jcnd W Uldl I.Ill;: U/11:.Ullll;:1 can secure the required correc.tlons. EducatlOn We endeavor to educate the users Of 011r prodocts and services, our employees and others in our industry about the ~nee of ams-umer privacy. We Wfll lnstruct: our employees on our fair lnformatiQn values and on the responsible collectlon and use of datd. We w■ encourage others In our induStry to collect and use Information in a responsl:ile manner. Security We wlR maintain app,opnate fadlltles and systems to protect against unallthorlzed access to and corruption of the data we malnfi!Jn. f"orm 5Q+PR.IVACY (9/1/10} Page 1 or 1 PrlVacy JnfOrmatlon (2001~2010 l'"lrst American l"lnanc1a1 corporation)