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Home My WebLink AboutEIR 09-01; DOS COLINAS; Environmental Impact Report (EIR)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) D D D 00- D [xi- Administrative Permit Administrative Variance Coastal Development Permit Conditional Use Permit Condominium Permit Environmental Impact Assessment Ii}--General Plan Amendment 00 Habitat Management Plan Permit 00--Hillside Development Permit D D D Local Coastal Program Amendment Master Plan Minor Conditional Use Permit (FOR DEPT. USE ONLY) D -------I D ---D ~ o'I-D D -------1 [¼j---------1 Gtf>Abq,o,z_ lx}- thAf O~-Di [R]- µQf' tit, oi D Planned Development Permit Planned Industrial Permit Planning Commission Determination Precise Development Plan (FOR DEPT. USE ONLY) Redevelopment Perm\ ~()l~f -bc,I --------1 Site Development Plan~F~ Special Use Permit -fl.oc;v fl."111J O -01- Specific Plan ,M,'l(t-Lb. ('5f.. ~ \) 7 f oD\q l C V'fMra~.-- Tentati1&'e Parcel Map Obtain from Engineering Department i----------1 D Tenta~~~ IX]-Y:eEieeee l?lk ltP q~-ol i--------1,-1·,t\-J~ Vo -o RY\ l-\-f q l?O IO " 1----------i -z£oGJ,01- 2) ASSESSOR PARCEL NO(S).: zoq--06tJ -(pj' i 70 f PDt2.,10N {) ;.:-7 I 3) PROJECT NAME: ----"'"{2~~"""'5---"Q'-o"'""t,,_._l(V'----'--"A-~S" ________________ _ 4) BRIEF DESCRIPTION OF PROJECT: "3 oo f-/Jiu IT 5'E1u1012.. l./pos11uc 820:rE. cT CoJ..JTA-ININ' t/UD&f/eNt¥A[[ l1v1Nt. u,urt( As:s:,n::tfP CA:Rt£. tJµ,,,~ c~uMe:£-AtJ.D 5;,-t 11:E@flPA-&~£. &/'l'l-d. f/11:te Nf> J:JL CJ>° t1: t.£ft.-~1-c. /\.Jr 5, rt£ poR.. /2.. ti ~ C4-K..Dle/Uf: ro R.. AA IJc; MP c/t/2. ,___~tt A!tl), • 5) OWNER NAME (Print or Type) WE'5, <;rctU,<!>tl.. Ll//tl\Jr;, f</£.1 LLC- MAILING ADDRESS (pe>o~ Ht Dl)£AJ tl~U'I /d.uM # 21 ) CITY AND STATE ZIP TELEPHONE CM~tMJ I CA. C/?.L)IJJ· 7bo...f../16 -76U Form 14 Rev. 03/08 6) APPLICANT NAME (Print or Type) LADwtt; ()tfS/4/() br<.Dvf; /)\Jc. MAILING ADDRESS 2 -z I 4-FA-ll-JI\OA-7' A 11£ CITY AND STATE ZIP TELEPHONE ClrfJ..l~f!A-[) I CA. q'ZfJOf ·760-4/f-J!fz_ EMAIL ADDRESS: PAGE 1 OF 4 L-1~1~ ' 7) BRIEF LEGAL DESCRIPTION />Age.¢ L f3 ~ C/E.Jt.:,: I[) r:-Corf' /Pt.. f1,ec..CJ/IJ/~7. 4 Z<X>7,. t>60:!J J f PAo..a£/--c -Crttcr. o t:.coJl,(/Jt... fllEc.. 3/z7/07i:J7007-ozos-~Fi 8) LOCATION OF PROJECT: &TH-~(DIJ!S of:: Furvt2-1:. Cou/i:'~f,!t, E:ts'1: ll F 8--CJi1'1-fl..JQ ~L STREET ADDR~SS oN THE I E?.14Sr~ w,z.,r I (NORTH, SOUTH, EAST, WEST) BETWEEN I f t,,C~I /.-0 /2. € If-<_ (NAME OF STREET) (NAME OF STREET) AND I C/f !JAJt]l,,.J /)()J4j> (NAME OF STREET) 9) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. 10) NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. N CE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. FOR CITY USE ONLY Form 14 Rev. 03/08 FEB O 2 2009 CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: PAGE 2 OF 4 -· City of Carlsbad lkFl1111hPMDl:L•iluii,H DISCLOSURE STATEMENT Appticant'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 MY!! be disclosed at the time of application submittal. Your project cannot be reviewed untU this information is completed. Please print. Note: Person Is defined as "Any individual, finn, co-partnership, joint venture, associalion, social club, fraternal organization, corporation, estate. trust, receiver, syndicate, fn this and any other county, city and county, city municipally, district or other poHtlcal subclvlslon or any other group or comblnadon acting as a unit.· Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the appHcation. If the applicant includes a corporation or partnership, include the names. title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLlCABLE (NIA) IN THE SPACE BELOW. If a publicly--owned corporation, include the names, titles, and addresses of the corporate officers. (A separate pagr may be attached if necessary.) Person 1 {pY\M, }2,::M,~t.h, Corp/Part lue5[ ~f:A.JJtJ/2.. L 1 VINC, llf/l/ Llc.. Title Yrtib~,g, l>h-i Title Mc,.~< J CwJNif' Address '1c,oS Uir,(J.."-Ye..ll,y ~ "2,s-Address ~& 1-HRKM t//k..l..£y Ro IF-2/J- G.-.ls ~el , CA. Cf Le/ J C' M~-SIS-6(), CJI. qi,011 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of & 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 partnershjp. include the names, tiUe, addresses of aU individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) 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 c;kb¾w.1osil Corp/Part vJf!>t: <;'P.N/()f< L11/IIVC. lo/'~1 l~c Tille i(c;s; dh11d -2 \t\dr.k\:f4 < Tltle_.._, ...... _.l.,., , ... ,14 ..... c ... t _______ _ Address 4«?1.:i !L,4l*, Ve.IL~ 'i!.1626 Address (pr.Po£ l+IP¥tJl/4u£1.,J fl:6.1:/ 2/J- G)sb:,/ Ci 9zorl C'1i1<1..,rtUH2, CA. 92.fJ// 1635 Faraday Avenue• Certabad, CA 92057314 • (780) 602,..800 • FAX ('1801602,8569 • www.cl.carllbad.ca.us i} L -1016 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 at:!! person seiving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust._______ Non Profit/Trust. ________ _ Title _________ _ Title ____________ _ Address. _________ _ Address __________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes 1~ No If yes, please indicate person(s}: . NOTE: Attach addlUonal sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ~jn'iure of owner/date Signature of applicant/date f J. --;; I I ;( C 1Pf1t i &f 1'1-1 bc,e, iA Print or type name of owner Prill or type name of applicant Signature of owner/applicant's ent if applicable/date LA-DWI~ 0£Sl~A/ (;!luv/1, !Ale. /21)8cJ?;r c. L ,4-D£J1~ Print or type name or owner/applicant's agent H:AOMIN\COUNTER\OISCLOSURE STATEMENT 12/06 Page2 of2 -------------;:~-· ---------------....-----------... """" Development Services «, ~ CITY OF DISCLOSURE STATEMENT P-1(A) Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD 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 MAny 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.) ~ Person Jo/f /U /2.! M 6;'{ C: 1:f: Corp/Part Ul,€ST 'yEY,,1• J7Q: LI ti 1 « , L l C. Title &€SI/Jp.JU T Address ~71C:. tle111AD,d t2& cA~t..s134D1 a,-!}, ~2.e1o8 OWNER (Not the owner's agent) Title 111 A:/t!-45&~ e; c tt:>tvA.JE{<_ lf!oo Address S-7'3~ A,e*'A-.():5 IJ/4 d 100 CAI< l-S-J3M I C,4 , '1'2..cXJ8 Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person t)pw /Zt"1~"'fCI+ Corp/Part W#rr 5"£mo~ L1 v1N4 P/e1 Lt..c Title /t?l:S'IIJ£.<JT tRP-lllllf#19EP. Title. __ C>_W,:;,,ctlc:-~--------- Address 5"1'1~ A~,,,,,tf/J/J-g./f?CJ::J Address f746 AIJJff-1-e-'f JJ,2..-# Joo CAQ1,,,,;:~1t-P, aA, c;z.o"'B C~R.t..,StH)_, C4 r C, 2-008 Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST f//,4. If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust.________ Non Profit/Trust:.---_______ _ Title.___________ Title ____________ _ Address. _________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes @No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Print or type name of owner Print or type name of applicant ~~.etd. agentf ~cabl~da~ L;fPtv/Cj ti£'>1(.u ~~r.,/J1 11JC. 12~&,,L C (?. LA-D tc..,,-t; Print or type name of owner/applicant's agent P-1(A) Page2 of 2 Revised 07/10 HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of CompJiance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that ( check one): IZJ 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!!£ contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name:Wtu{k /ks-16/U Movt°. I AJ c-, Address: z z.r cf-MMP1:'-I AtJ[? c~~~s,M cA. 12~08 Phone Number: 760 -4-1 f--J/ f'z__ PRO~ERTY OWNER Name: W1csT <:J£AJ/ul<.. L-t t/lNu P/Jf.. I LLC , Address: GtJOS H/Dlj£1J k'lf-?Lt:.Y !2J:,.--#21s C412.LS!f-4D CA. CJw/1 Phone Number: 1@0 -4-9 b -7ft:; 2/ Local Agency (~nd County):_C_A_r.2_/5-R, __ d-~D _________________ _ 2 I ' Assessor's book, page, and parcel number: OC/ -{)(p O -6j? ~ 70 F. ftPI? · J / Specify list(s): CJf//2/1[5, :,W 12.C B C&R.Cll 5, /V,1/-170 IA L /?£lo fl-!flff > ht '>t S' !TES > 7 • Regulatory Identification Number:_-_____________________ _ Date of List: D P € I iJ ['$4.J £ t ,\dmin/Counter/HazWaste The Hazardous Waste and Substances Sites (Cortese List) is a planning document 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. Government Code section 65962.5 requires the California Environmental Protection Agency to develop at least annually an updated Cortese List. Below is a list of agencies that maintain information regarding Hazardous Waste and Substances Sites. Department of Toxic Substances Control www.dtsc.ca.gov/database/calsites EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board www.swrcb.ca.gov/cwphome/lustis Department of Environmental Health Services www.co.san-diego.ca.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 (619) 338-2222 Call Duty Specialist for Technical Questions at (619) 338-2231 fax: (619) 338-2315 Integrated Waste Management Board www.ciwmb.ca.gov (916) 341-6000 Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www. epa. gov /su perfund/sites/npl/n pl. htm 11/10/08 L---I 076 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ____________ (To be completed by City) Application Number(s): _________________________ _ General Information 1. 2. 3. Name of project: _D=-&_,5=---=C_tJ_L----'-'/ Al~.4==-.5=---------------r----~ :W J e lf-,-..J (2 I ;,t lb JfC If cr_'E Le.Cc -Name of developer or project sponsor: WIEST <;;(E' J..J /0 I<.. LI //IA.)[,, Address: to tJOS' 8(Dw/J ~t.-lE '( /<P, # ZtS' City, State, Zip Code: CAR£$81lQ., CA. 92 0 // I l Phone Number: 7 6 0 -4-9 6 -7 6 Z/ /l lA{Jwtt; /}izs-t~A.J ,P.(Jt,1/J~f A../v. Name of person to be contacted concerning this project: ~o 13€,e. T C. LAp w I c, Address: 2'l-'f4-f_::lf/<A-[)4</ A-tit£. City, State, Zip Code: CA/2 t.-) 15,(/-1) CA-, q 2 cJcJY Phone Number: 1 ~ c) -4 ! IF -l I cf L- 4. Address ofproject: C<JC..C,,/E</£_ ;J.t/£ _. !£t1: fT (). r Et-.CA-ntt,Uo ~ d:L ; Assessor's Parcel Number: z (P 'l--~ G CJ -(p J? / 7 0 r f ~ t t) F 7 / 5. List and describe any other related permits and other public approvals required for this project, including \()._\ those required by city, regional, state and federal agencies: ll'JJIJ/)1! 5vh'.er G uf>, S" v '°1 1-/t>r; 5'P4~ H"" P ,!}-rf~J). r;/JA,. Z<PJJ/£ c1/-1JrN4!£1 /.211tf/P 9~r0/ ,4.11t/E"A..J/J./ ~t>f7{AE,C()~/J~. IJ()J.1-,fllis, PD. 6. Existing General Plan Land Use Designation: ----f<=L.=<-M-'-~-Oc........::...> ___________ _ 7. Existing zoning district: -=L:..::C=----------------------- 8. Existing land use(s): VACA,.ur leA??<2W I 9. Proposed use of site (Project for which this form is filed): /JLA-VJ..,VEf) 5'1!;,U/CJ/2.. Lt f//.U~ {}£///£'l-&/J11tEAJT f .lf-~tJ(2-/)/flt-C 16usr..u, Project Description 10. 11. 12: 13. ff /l ,/ _:t }:121~r Site size: _....,.'1::_"---'-7---'-__ _,,~.,.___c;.-_.> ____ ,-- 1 _____________ _ Proposed Building square footage: ___,~'-1-'<t'-t-"~-{--=f_a ______________ _ Number offloors of construction: I I Z-i 'J 5ro a. y /?, v I l-P I Ill l !" Amount ofoff-street parking provided: ? I.)~ 5f/fCES' fllfc;>v/ /llEI)_ ~ J2G /?120 // IV/Ep 2 02/22/06 14. 15. 17. 18. 19. ~Vt ~A-1J.Drr:1J Associated projects: I/ f{Jc -LC) C-4-1 IO IJ 8? R.. 12.AtJcf{o C/112.c.,,5 lf'l!ffJ ' ~S' Ifresidentia1, include the number ofunits and schedule ofunit sizes: r!-1£ ~ Ar;::::;ot2../;)lf:/3 l/t: l-/4t1St/J~ 1/IUI [l IJ:'4£ l!.€,£1 D£µ1/~L -Tl/:!£ l84t--ANC/£ 0 P: rt/4£ P12.o-:recr At2i£ Co1111MJ£/!J:./,llf-t-L1V/Alq l/,t.lrf!° - If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _-_________________________ _ If industrial, indicate type, estimated employment per shift, and loading facilities: _______ _ If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _____________ _ If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: Cr/lZ(l.lL,1,J 7 2.t>IJ~ Is L,c. w J'f/Cff Is AJ or ):f-t)tr t/ I[ r, 0 /1 Jl1f;:_ .vy 2 o 1(.)£ Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or jg] D substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public D ~ lands or roads. 22. Change in pattern, scale or character of general area of project. [L9 D 23. Significant amounts of solid waste or litter. D ~ 24. Change in dust, ash, smoke, fumes or odors in vicinity. D ~ 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or ~ D alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D IZI 3 02/22/06 26. 28. 29. 30. 31. Yes Site on filled land or on slope of IO percent or more. 00 Use or disposal of potentially hazardous materials, such as toxic D substances, flammables or explosives. Substantial change in demand for municipal services (police, fire, water, IZ] sewage, etc.). Substantially increase fossil fuel consumption (electricity, oil, natural gas, I&] etc.). Relationship to a larger project or series of projects. D Environmental Setting Attach sheets that include a response to the following questions: No D 00 D D 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best ofmy ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: -~1.,,.../i~!?..-_/~O~C) _____ _ 4 02/22/06 Ladwig Design Group, Inc. ADDITIONAL RESPONSE FOR ENVIRONMENTAL IMPACT ASSESSMENT (EIA) FOR DOS COLINAS January 13, 2009 L-1076 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. The current parcels for the Dos Colinas project are undeveloped. Normal development grading will occur including 166 independent living units, 81 assisted living units, 65 cottages and a 35 unit affordable housing project will be created on graded pads. In addition, there will be several recreation areas for the development. A site for the relocation of the Rancho Carlsbad RV Garden and Maintenance area will be created within this development adjacent to Rancho Carlsbad. A residential mobile home park permit amendment for 96-01 is being applied for. The RV and garden site will be constructed within a walled area that will also include a wash area for the RV's and a sewer dump station. In addition, a small maintenance area will be added including a location for a dumpster, employee parking, and material storage. Six (6) RV spaces are reserved for Dos Colinas within the Rancho Carlsbad RV area if needed by residents of Dos Colinas. 22. Change in pattern, scale or character of general area of project. The area is currently undeveloped and as described above, a new development area will be created. 25. Change in ocean, bay, lake, stream, or ground water quality or quantity, or alteration of existing drainage patterns. There will be minor changes in drainage patterns as a result of the development. All drainage impacts and runoff along with pollution control facilities will be provided for within the development boundaries. Discharge to offsite properties from the subdivision will be either at or less than current flows. 26. Site on filled land or on slope of 10% or more. 2234 Faraday Avenue+ Carlsbad, California 92008 (760) 438-3182 + FAX (760) 438-0173 + Email ldg@dwilsoneng.com Additional Response fo1 ,t.:IA) January 14, 2009 Page 2 As part of our application we are including a Hillside Development Permit (HDP), to address in detail the City requirements related to development on slopes. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). Where minimal City services are not required for the property in it's undeveloped state, there will be an increase in demand for the proposed project. The development being proposed will provide sewer, water, and other municipal services as required. 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.) The current undeveloped nature of the property requires minimal fuel consumption primarily for weed control and maintenance of the property. The property will be converted from an undeveloped state to a developed state requiring substantial increases in electricity, oil, and natural gas. 32. (Environmental setting). Dos Colinas is a project that lies on both the west and east sides of future College Boulevard. The area on the west side of College Boulevard is currently undeveloped with a small area being used for agriculture. The topography is generally made up of two separate hills (Dos Colinas) with a low lying area in between. No major soils stability problems exist per our soils report. A cultural resources study was performed by Brian Smith & Associates. Two previously recorded sites are located within the property and both sites lack subsurface deposits. Merkel& Associates prepared a biological resource report. The site consists predominately of general agricultural land. Other vegetation communities include Southern Sycamore-Alder riparian woodland. Southern Willow Scrub, Mule Fat, Scrub, Native Grassland, Diegan Coastal Sage Scrub, disturbed habitat lands, non- native vegetation, and urban develop lands. Merkel further states that the property does not lie within or near an MHCP Biological Resource Core or Linkage area and that the site in its entirety does not function as a wildlife corridor due to it's isolation within surrounding residential development. Habitat based mitigation suggested by Merkel would be required that reduces impacts to a level below significant and insures compliance with the HMP. Pictures of the property have been attached and there are no structures within the limits of the ownership. 2234 Faraday Avenue+ Carlsbad, California 92008 (760) 438-3182 + FAX (760) 438-0173 + Email ldg@dwilsoneng.com Additional Response f01 ,~IA) January 14, 2009 Page 3 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Dos Colinas could be considered an infill project. Immediately to the West is existing Rancho Carlsbad mobile home community. Immediately to the North is an existing tennis court and recreation area for Rancho Carlsbad. Immediately along the eastern edge of proposed College Boulevard are the approved Cantarini and Holly Springs residential projects. Immediately to the South nearest College is a vacant equestrian center. Also, along the south western edge is the existing Rancho Carlsbad par three golf course. The affordable site lies immediately East of future College Boulevard. West of College Boulevard in this area also is a vacant equestrian center. To the North of the affordable site is the undeveloped Lubliner property. Immediately North and within the affordable site is the existing Agua Hedionda Creek. Immediately to the East is an existing affordable housing project built by The Terraces developer. Immediately to the South is a vacant strip of land owned by The Terraces developer. Across the street to the South is the existing Terraces single family development. At the southwest corner of the property immediately West of College is a undeveloped commercial site. 2234 Faraday Avenue+ Carlsbad, California 92008 (760) 438-3182 + FAX (760) 438-0173 + Email ldg@dwilsoneng.com ~equest for fQfund ,t;ity of Carlsbad FILE COPY Account#: 001-3210-5550 (PRIOR YEAR REFUND) Vendor#: Amount of Refund: $2624 Fee Paid For: v 09-02 ---=---------_.:........::...:........::...:;__ ______ _ Date Fee Paid: 0110912009 Fee Paid By: WSL DOS COLINAS R/E LLC Fee Supporting Request: APPLICANT REQUESTED REFUND; APPLICATION NOT NEEDED NAME OF APPLICANT: WSL DOS COLINAS R/E LLC STREET ADDRESS: 6005 HIDDEN VALLEY RD SUITE 290 CITY, STATE & ZIP: CARLSBAD CA 92011-4226 PREPARED BY: BRIDGET DESMARAIS DEVELOPMENT SERVICES OFFICIAL: ----1-f'-"""'J--'-'/-IJ+=~-------- (\_ ~ APPROVING DIVISION OFFICIAL: \tL. \ / ~ ----"""""--'---'-------------- DATE: 04/25/2011 DATE: ---- DATE: LJ/2.C/IJ DATE: ~-cli, 7, DATE: i/-2,:1 {I/ _.,, 0 LacJ,uica _ ~~sign Group, Inc. r1V\T JJt , April 20, 2011 Shannon Werneke City of Carlsbad -Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 CITY Oc CAr.::'11 Q['.l! !. r1 JI J, !"'lt,)D,'H,,- APR 21 2011 L-1076 Subject: Request to Withdraw Variance Application V-09-02 (Sign Variance) Dear Shannon, Based on your latest comment letter of April 19, 2011 -Item 3 under planning for Dos Colinas we hereby request that sign variance V-09-02 be withdrawn from our applications based on a staff determination that it is no longer needed. Please return any un-used funds to the applicant. Sincerely, ~ Robert C. Ladwig, President RCL:pjs cc: John Rimbach 2234 Faraday Avenue Carlsbad, CA 92008 (760) 438-3182 FAX (760) 438-0173 ldg@dwi lsoneng. com ,Bridget Desmarais From: Sent: To: Cc: Subject: Shannon, Don Neu Thursday, April 21, 2011 6:23 PM Shannon Werneke Bridget Desmarais RE: Dos Colinas-request for full refund of Variance application fee I agree with giving a 100 percent refund. Don <_~ ¥ CITY OF CARLSBAD Planning Department Don Neu, AICP City Planner 1635 Faraday Avenue Carlsbad, CA 92008 www.carlsbadca.gov P: 760-602-4601 Don.Neu@carlsbadca.gov From: Shannon Werneke Sent: Thursday, April 21, 2011 5:32 PM To: Don Neu Cc: Bridget Desmarais Subject: Dos Colinas-request for full refund of Variance application fee Don, Bob Ladwig submitted a letter requesting to withdraw the Variance request (monument signs) and a refund of any unused fees. I had indicated to Bob/John Rimbach that 80% of the fees would be refunded since I hadn't drafted the staff report or worked on any resolutions yet. John followed up by email and specifically requested 100% reimbursement since it was the city's determination initially (my call) that a Variance would be required. I feel his request is reasonable and therefore recommend that the full refund be given to him for the Variance. Please let me know if you concur with this recommendation. Thanks, Shannon .~ <~("· ¥ CIH o; CARLSBAD Shannon Werneke Associate Planner 1635 Faraday Avenue Carlsbad,CA 92008 1 .. Request for ~fund City of Carlsbad FILE COPY Account#: 001-3210-5550 (PRIOR YEAR REFUND) Vendor#: Amount of Refund: __ $_1_07_8_.4_0 ____ Fee Paid For: _s_P_1_9_1(~C~) ______ _ Date Fee Paid: 0210212009 Fee Paid By: WEST SENIOR LIVING LLC Fee Supporting Request: APPLICANT REQUESTED REFUND NAME OF APPLICANT: WEST SENIOR LIVING LLC STREET ADDRESS: 6005 HIDDEN VALLEY RD SUITE 290 CITY, STATE & ZIP: CARLSBAD CA 92011 PREPARED BY: BRIDGET DESMARAIS DEVELOPMENT SERVICES OFFICIAL: _____ b-)_/~A~------ APPROVING DIVISION OFFICIAL: ___ Q,,,,,_1 -'----'----'Yb'-----=·='----------- CED SENIOR MANAGEMENT ANAL vs~~ c:;4/?J~ APPROVING DEPARTMENT OFFICIAL: fl~) DATE: 04/25/2011 DATE: DATE: o/Zt:/( I DATE: ½db-II DATE: ~b--?/11 0 lad~'l) ~~-ign Group, Inc. April 20, 2011 Shannon Werneke City of Carlsbad -Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 CITY OF CARLSBfo,D APR 21 2011 PLAE-J;,,ji!,,ft~ [)F=P~ PT'.,';~"'.(\lT:1: • " " " '->ii -~ "=< , 'IJ !: , ;t,,,..,.~ ',;! I ._, ______ -_j Subject: Request to Withdraw Specific Plan Amendment SP-19l(C) Dear Shannon, L-1076 Based on your latest comment letter of April 19, 2011 -Item 3 under planning for Dos Colinas we hereby request that Specific Plan Amendment SP-191(C) be withdrawn from our application. The portion of the project that this request is based on has been removed from the Dos Colinas application. Please return any un-used funds to the applicant. Sincerely, ~ Robert C. Ladwig, President RCL:pjs cc: John Rimbach 2234 Faraday Avenue Carlsbad, CA 92008 (760) 438-3182 FAX (760) 438-0173 ldg@dw i lsoneng. com ~ e~ Owners' AssociatQ. Inc. 5200 El Camino Real, Carlsbad, California 92010-7118 Phone: (760) 438-0333 Fax: (760) 438-1808 December 10, 2009 City of Carlsbad -Planning Department Attention: Shannon Werneke 1635 Faraday Avenue Carlsbad, Ca. 92008-7314 CITY OF CARLSBAD DEC 1 7 2009 PLANN1NG DEPA!i l MENT Subject: Letter of Permission to construct certain facilities within Rancho Carlsbad Owners Association property, grant easements and to accept in concept the proposed RV and Garden site, all as shown on Minor Subdivision MS 09-04 and Residential Mobile Home Park Permit Amendment RMHP 96-0l(D) prepared by Hunsaker and Associates San Diego, Inc. Dear Ms Shannon: We have been asked to acknowledge our approval of a proposed amendment to our Rancho Carlsbad Mobile Home Park permit (RMHP 96-01) to provide for the relocation of our existing RV and Garden area east of proposed College Blvd, to a site adjacent to our main property west of proposed College Blvd, on property now owned by West Senior Living R/E, LLC and as shown on RMHP 96-0l(D) -Sheets 1-5 of 5 prepared by Hunsaker and Associates San Diego, Inc. We also acknowledge that the proposed amendment (RMHP 96-0l(D) will have no affect on our existing community and facilities, and the City analysis will be strictly limited to the proposed RV and Garden site, plus the emergency access connection from our existing boundaries to College Blvd as described in the attached letter from Mr. Don Neu -Planning Director, City of Carlsbad dated April 16, 2009. We also acknowledge our review and approval of minor subdivision MS 09-04 (sheets 1, 6, 7 & 9), which shows the grading and drainage improvements for the proposed RV and Garden area and emergency access road. We also have reviewed sheet 6 of 18 of MS 09-04 that shows the realignment of Don Carlos Drive with paved and unpaved parking areas, a truck turn around area, plus sewer improvements that serve Dos Colinas and the extended slopes on College Blvd to support a sound wall. There is also a five-foot pedestrian path over the box culvert for Little Encinas Creek. We will accept these improvements on our property as shown in sheet 6 of MS 09-04, and will grant West Senior Living R/E LLC the right to enter our property to construct the facilities, and will grant the necessary utility and slope easements to the City for the facilities shown. The above consents are subject to and conditioned upon a final agreement among all affected parties. Should such agreement not be agreed to and executed by all parties, then these consents are not effective. s;n rnly you cs,~ arbara Bevis President -RCOA Board of Directors Attachments: Don Neu letter of April 16, 2009 Cc: John Rimbach -West Senior Living R/E, LLC Bob Ladwig -Ladwig Design Group Sue Loftin -RCOA Attorney .. \ C Ladwig Design Group, Inc. June 5, 2009 Shannon Werneke City of Carlsbad -Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 RE: Request for Withdrawal of PUD 09-03 (Dos Colinas) Dear Shannon, L-1076 On behalf of West Senior Living I hereby request withdrawal of PUD 09-03 for the Dos Colinas project (see attached e-mail dated June 3, 2009). A receipt for the deposit (#R0073467) is also attached. The amount of the deposit given to the City on February 2, 2009 was $2,798.00 and was paid by West Senior Living, LLC with check #1014 dated January 30, 2009 (copy attached). Please process this request for withdrawal and send to: West Senior Living, LLC c/o Mr. John Rimbach 6005 Hidden Valley Road #215 Carlsbad, CA 92011 Sincerely, N GROUP, INC. Robert C. Ladwig, President RCL:pjs Enclosure cc: John Rimbach with enclosures 2234 Faraday Avenue Carlsbad, CR 92008 (760) 438-3182 FAX (760) 438-0173 ldg@dwi lsoneng. com Page 1 of 1 Bob Ladwig From: Shannon Werneke [Shannon.Werneke@carlsbadca.gov] Sent: Wednesday, June 03, 2009 2:34 PM To: Bob Ladwig Cc: 'Rimbach, John'; Jeremy Riddle; Van Lynch Subject: Dos Colinas, PUD 09-03 Bob- We have determined that the Non-Residential Planned Development application originally submitted (PUD 09- 03) with the Dos Colinas project is not required as there will be one property owner for the related components of the Continuing Care Retirement Community. Consequently, there is no need for reciprocal access or maintenance agreements. If the RV parcel is sold to RCMHP, they will be responsible for the maintenance. Further, there is separate private access through the RCMHP to the RV site. Therefore, please submit a written request to my attention requesting to withdraw this application and I will accordingly process the refund (may take a month or 2 to get the refund ... and it can only be issued to the person who issued the check). Please submit a copy of this email with your request. Thank you. Shannon Werneke Associate Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-4621 www.carlsbadca.gov 6/3/2009 I · Request for RQund City of Carlsbad f\LE. COP~ Account#: 00132104911 -ITEM#350 Vendor#: Amount of Refund: $2,298.00 Fee Paid For: PUD 09-03 ----------- Date Fee Paid: 02/02/09 Fee Paid By: WEST SENIOR LIVING, LLC ------ Fee Supporting Request: REFUND -APPLICATION WITHDRAWN PER APPLICANT NAME OF APPLICANT: WEST SENIOR LIVING, LLC ------~------------- STREET ADDRESS: 6005 HIDDEN VALLEYT RD STE 290 CITY, STATE & ZIP: CARLSBAD CA 92011 PREPARED BY: _M_e_,..,g_ha_n_M_c_Ki_llo_._p ________ DATE: _0_6/_09_/0_9 ___ _ APPROVING · DEPARTMENT OFFICIA~~_br;(/7? a$~DATE: 6 ~-9-0 I APPROVING OFFICIAL: ---=(1~)1~ul ___ DATE <;-C/-09 0 Ladwig Design Group. Inc. June 5, 2009 Shannon Werneke City of Carlsbad -Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 RE: Request for Withdrawal of PUD 09-03 (Dos Colinas) Dear Shannon, L-1076 On behalf of West Senior Living I hereby request withdrawal of PUD 09-03 for the Dos Colinas project (see attached e-mail dated June 3, 2009). A receipt for the deposit (#R0073467) is also attached. The amount of the deposit given to the City on February 2, 2009 was $2,798.00 and was paid by West Senior Living, LLC with check #1014 dated January 30, 2009 (copy attached). Please process this request for withdrawal and send to: West Senior Living, LLC c/o Mr. John Rimbach G005 Hidden Valley Road #215 Carlsbad, CA 92011 Sincerely, N GROUP, INC. Robert C. Ladwig, President RCL:pjs Enclosure cc: John Rimbach with enclosures 2234 Faraday Avenue Carlsbad, CA 92008 (760) 438-3182 FAX (760) 438-0173 ldg@dw i lsoneng. com C Bob Ladwig From: Sent: To: Shannon Werneke [Shannon.Werneke@carlsbadca.gov] Wednesday, June 03, 2009 2:34 PM Bob Ladwig Cc: 'Rimbach, John'; Jeremy Riddle; Van Lynch Subject: Dos Colinas, PUD 09-03 Bob- Page 1 of 1 We have determined that the Non-Residential Planned Development application originally submitted (PUD 09- 03) with the Dos Colinas project is not required as there will be one property owner forthe related components of the Continuing Care Retirement Community. Consequently, there is no need for reciprocal access or maintenance agreements. If the RV parcel is sold to RCMHP, they will be responsible for the maintenance. Further, there is separate private access through the RCMHP to the RV site. Therefore, please submit a written request to my attention requesting to withdraw this application and I will accordingly process the refund (may take a month or 2 to get the refund ... and it can only be issued to the person _ who issued the check). Please submit a copy of this email with your request. Thank you. Shannon Werneke Associate Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-4621 www.carlsbadca.gov 6/3/2009 Ladwig Design Group, Inc. February 2, 2009 Don Neu Planning Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: Application for Dos Colinas (Ladwig Design Group JN L-1076) Dear Don, Attached is our application for Dos Colinas. We are applying for the following applications. GPA, Zone change, Habitat Management Plan Permit, Special Use Permit -Flood Plain, Minor subdivision (affordable housing), Minor subdivision (commercial living units), Non-residential Planned Development (minor), Hillside Development Permit, Conditional Use Permit for professional care facility, Residential mobile home Park -96-01 amendment, Site Development Plan for 35 affordable housing units, Sunny Creek (SP-191), Specific Plan amendment (minor), Environmental Impact Assessment, Local Facilities Management Plan (-15) amendment, Notice Application and fee. A list of what is included with this application is as follows: • PRE 08-29 Redline mark-up prints and September 16, 2008 comment letter. • 10 copies of the site plan • 7 copies of the landscape plans -1 set for the affordable housing, 1 set for the RMHP 96-01 amendment and 1 set for the commercial living units • 7 sets of architectural plans, building elevations, floor plans and roof plans along with sections of each site. • 3 constraints maps of each site • Completed land use review application form • Environmental Impact Assessment • Disclosure statement • 3 copies of the current preliminary title report along with plotted easements. • Signed statement to waive tentative parcel map time limits (1 for each MS). • 2 copies of the circulation impact analysis. • Lotting exhibit • Composite exhibit 2234 Faraday Avenue+ Carlsbad, California 92008 (760) 438-3182 + FAX (760) 438-0173 + Email ldg@dwilsoneng.com Don Neu February 2, 2009 Page 2 • Fire exhibit • 2 copies of the preliminary soils and geology report including percolation testing. We have also included 2 copies of the soils reports for College Bridge and College road expansion. • (2 copies of Storm Water Management Plan -SWMP.) submitted to engmeermg. • (2 copies of a completed Storm Water Standards Questionnaire.) submitted to engmeermg. • Detailed Project Description. • Signed notice of time limits on discretionary applications. • Noise study. • Biology study. • Signed hazardous waste and substance statement. • Color board with building materials. • Project photographs. • Digital copy of minor subdivisions. • Early public notice package which includes the 600' radius map, owners list, and 2 sets oflabels plus postage fee. • 2 sets of hydrology and hydraulic calculations for the SUP-floodplain application. ,--i f) Sunny Creek specific plan amendment/density map showing deletion of 1 assessor parcel 209-060-68 from specific plan boundaries. • Habitat management plan map showing existing hard line and standards areas. • 1 copy of 8 ½ x 11 vicinity map. • 2 copies of a phase one assessment. • 1 copy of cultural resource study (Brian Smith). • 2 engineering plan check applications for 2 minor subdivision applications. • 2 signed statement of agreements to waive 50 day time restrictions on minor subdivision processing. • Completed application check list for tentative parcel maps. • Separate letter listing items transmitted for engineering. In addition to the above, the attached 2 checks for fees cover the following applications. Planning 1. GPA 2. Zone Change ($6,165.00 X 75%) 3. HMP permit ($3,628.00 X 75%) $ 5,714.00 $ 4,623.75 $ 2,721.00 2234 Faraday Avenue+ Carlsbad, California 92008 (760) 438-3182 + FAX (760) 438-0173 + Email ldg@dwilsoneng.com Don Neu February 2, 2009 Page 3 4. SUP flood plain 5. Non-residential Planned Development (minor) 6. Hillside Development permit ($2,332.00 X 75%) 7. CUP -professional care facility ($4,162.00 X 75%) 8. RMHP amendment (RMHP 161) 9. SDP -affordable housing 10. Sunny Creek specific plan amendment (SP 191) (minor) 11.EIA 12. LFMP (15) amendment 13. Fish and Game fee (negative declaration) 14. Notice fee 15. Postage for Notice fee (579 X 2 X $.042) Total Fee for Planning The fee for engineering for 2 minor subdivision is: • Minor subdivisions ($3,531.00 x 2) $ 3,588.00 $ 2,798.00 $ 1,749.00 $ 3,121.50 0 $10,517.00 $ 1,348.00 $ 1,604.00 $10,000.00 N.I. $ 292.00 $ 486.36 $48,562.61 $ 7,062.00 Please accept all of the above for processing and we look forward to getting City comments in 30 days. If your staff would like us to go through the application with them, please have them contact us. Sincerely, Bob Ladwig, President Ladwig Design Group Enclosures cc: John Rimbach Jeremy Riddle 2234 Faraday Avenue+ Carlsbad, California 92008 (760) 438-3182 + FAX (760) 438-0173 + Email ldg@dwilsoneng.com @ C 0 Chicago Title Company Builders Seaits:~~E)l 2365 Northside Drive, Suite 500, ~~rr'diego, CA 92108 (619) 521-3400 JUL 2 0 2009 Title Department: CITY OF CARLSBAOCustomer: Chicago Title Company PLANNlNG OEP'\Vest Senior Living Attn: Tom Votel/Ranny Harper Attn: John Rimbach Email: votelt@ctt.com & Email: jrimbach@westseniorliving.com ranny.harper@ctt.com Phone: (760) 496-7621 Phone: (619) 521-3673 Reference No.: Carlsbad Map Fax: (619) 521-3608 OrderNo.: 830015755-U50 SIXTH AMENDED PRELIMINARY REPORT Ref: APN: 209-060-68,70,71 Dated as of: July 6, 2009 at 7:30 am In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that se forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report ( and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY CLTA Preliminaiy Rep011 Fonn -Modified (11-17-06) Page I ' C 0 Order No.: 830015755-US0 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: West Senior Living R/E, LLC, a California limited liability company 3. The land referred to in this report is situated in the State of California, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CL TA Preliminaiy Report Fonn -Modified ( 11-17-06) Page2 C 0 Order No.: 830015755-USO LEGAL DESCRIPTION PARCEL 1: INTENTIONALLY OMITTED. PARCEL 2: APN 209-060-71 THAT PORTION OF LOT "B" OR RANCHO AGUA HEDIONDA IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL A OF ADJUSTMENT PLAT 05-14, RECORDED MARCH 27, 2007 AS INSTRUMENT NO. 2007-0205887, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL SOUTH 81 °34'45" EAST 582.19 FEET TO THE NORTHEAST CORNER OF PARCEL 3 OF THE LAND DESCRIBED IN DEED TO RANCHO CARLSBAD PARTNERS RECORDED OCTOBER 21, 2005 AS INSTRUMENT NO. 2005-0911720 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3 SOUTH 13°32'35" WEST 114.38 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 67°35'40" EAST 44.98 FEET; THENCE SOUTH 33°09'38" EAST 90.82 FEET; THENCE NORTH 85°40'16" EAST 237.25 FEET; THENCE SOUTH 87°16'37" EAST 51.00 FEET TO A POINT ON A NON-TANGENT 1400.00 FOOT RADIUS CURVE, SAID POINT ALSO BEING THE EAST LINE OF SAID PARCEL A, CONCA VE WESTERLY, A RADIAL THROUGH SAID POINT BEARS SOUTH 87°16'36" EAST; THENCE SOUTHERLY ON SAID EAST LINE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°16'1 l" AN ARC DISTANCE OF 397.54 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL A; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID PARCEL, NORTH 71 °00'26" WEST 51.00 FEET; THENCE NORTH 47°48'22" WEST 109.00 FEET; THENCE NORTH 34°31 '23" WEST 74.25 FEET; THENCE NORTH 51 °42'45" WEST 60.82 FEET; THENCE NORTH 67°05'36" WEST 190.23 FEET; THENCE NORTH 72°36'06" WEST 238.34 FEET; THENCE NORTH 86°55'17" WEST 94.33 FEET; THENCE NORTH 69°38'23" WEST 78.83 FEET; THENCE NORTH 59°41 '06" WEST 137.28 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL A; THENCE NORTHERLY ALONG THE WEST LINE OF SAID PARCEL, NORTH 13°32'35" EAST 234.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL BEING DESCRIBED AS PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 13, 2007 AS INSTRUMENT NO. 2007-603110 OF OFFICIAL RECORDS. PARCEL 3: APN 209-060-68) THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT "B" AS SHOWN ON RECORD OF SURVEY MAP NO. 17348, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 12, 2002 AS INSTRUMENT NO. 2002-0308511; THENCE ALONG THE WESTERLY LINE OF SAID LOT "B" SOUTH 00°14'31" WEST 1093.00 FEET (RECORD SOUTH 00°06'00" WEST 1093.50 FEET); THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 87°25'25" EAST 1132.85 FEET (RECORD SOUTH 87°45'00" EAST 1133.00 FEET); CLTA Preliminaiy Repo1t Fonn -Modified ( 11-17-06) Page 3 C LEGAL DESCRIPTION ( continued) ----------------. 0 Order No.: 830015755-US0 THENCE SOUTH 13°34'44" WEST 299.92 FEET); THENCE SOUTH 13°32'38" WEST 249.90 FEET (RECORD SOUTH 13°16'30" WEST 550.00 FEET) TO THE NORTHWEST CORNER OF PARCEL 4 OF THE LAND DESCRIBED IN DEED TO CARLSBERG RANCHO, LTD., ET AL, RECORDED DECEMBER 21, 2000 AS INSTRUMENT NO. 2000-0699587; THENCE SOUTH 13°32'35" WEST 234.00 FEET (RECORD SOUTH 13°16'30" WEST 234.00 FEET) TO THE SOUTHWEST CORNER OF SAID PARCEL 4, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO RANCHO, LTD., ET AL, RECORDED MARCH 18, 2002 AS INSTRUMENT NO. 2002-0224112; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID LAND, 13°32'35" WEST 525.86 FEET (RECORD SOUTH 13°05'00" WEST 526.30 FEET) THENCE ALONG THE SOUTHERLY LINE OF SAID LAND, SOUTH 76°11 '42" EAST 444.89 FEET (RECORD SOUTH 76°55'00" EAST 445.00 FEET); THENCE SOUTH 63°49'29" EAST 279.99 FEET (RECORD SOUTH 64°25'00" EAST 279.38 FEET); THENCE SOUTH 26°10'31" WEST 14.32 FEET (RECORD SOUTH 02°35'00" WEST 14.66 FEET) TO A POINT ON A NON-TANGENT 40.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE OF SAID CURVE BEARS NORTH 74°41 '58" EAST (RECORD NORTH 74°10'25" EAST) TO SAID POINT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68°21 '28" (RECORD 68°26'44") A DISTANCE OF 47.72 FEET (RECORD 47.78 FEET); THENCE SOUTH 67°00'50" EAST (RECORD SOUTH 67°31 '43" EAST) 202.53 FEET TO THE TRUE POINT OF BEGINNING THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 67°00'50" EAST (RECORD SOUTH 67°31 '43" EAST) 313.86 FEET TO THE SOUTHWESTERLY CORNER OF SAID LAND; THENCE ALONG THE EAST LINE NORTH 22°59'06" EAST 279.42 FEET (RECORD NORTH 22°37'00" EAST 279.13 FEET); THENCE SOUTH 78°03'10" EAST 233.92 FEET (RECORD SOUTH 78°32'00" EAST 234.04 FEET) TO THE MOST EASTERLY CORNER OF SAID LAND; THENCE ALONG THE NORTHERLY LINE, NORTH 55°47'03" WEST 438.09 FEET (RECORD NORTH 56°16'27" WEST 438.16 FEET); THENCE NORTH 33°35'17" WEST (RECORD NORTH 34°12'32" WEST) 77.97 FEET; THENCE LEAVING SAID NORTHERLY LINE, NORTH 69°56'25" WEST 51.00 FEET TO A POINT ON A NON-TANGENT 1400.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 69°56'25" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°51 '40" A DISTANCE OF 69.91 FEET; THENCE SOUTH 22°55'15" WEST 379.99 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL BEING DESCRIBED AS PARCEL C OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 2007 AS INSTRUMENT NO. 2007-0205889 OF OFFICIAL RECORDS. PARCEL 4: APN 209-060-70 THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA IN THE COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL B OF ADJUSTMENT PLAT NO. 00-14, RECORDED MARCH 27, 2007 AS INSTRUMENT NO. 2007-2007 AS INSTRUMENT NO. 2007-205873, SAID POINT BEING THE TRUE POINT OF BEGINNING THENCE ALONG THE NORTH LINE OF SAID PARCEL, SOUTH 89°26'55" EAST 782.37 FEET TO THE NORTHEAST CLTA Preliminary Repo1t Fonn -Modified ( 11-17-06) Page4 C LEGAL DESCRIPTION ( continued) 0 Order No.: 830015755-US0 CORNER OF SAID PARCEL; THENCE ALONG THE EAST LINE OF SAID PARCEL, SOUTH 46°35'02" EAST 647.81 FEET TO THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°19'27" AN ARC DISTANCE OF 779.26 FEET; THENCE SOUTH 24°15'35" EAST 249.01 FEET TO THE BEGINNING OF A TANGENT 1400.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21 °22'55" AN ARC DISTANCE OF 522.46 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL B, SAID POINT ALSO BEING THE NORTHEAST CORNER OF PARCEL A OF ADJUSTMENT PLAT 05-14 RECORDED MARCH 27, 2007 AS INSTRUMENT NO. 2007-0205887; THENCE CONTINUING ON SAID CURVE ALONG THE EAST LINE OF SAID PARCEL A THROUGH A CENTRAL ANGLE OF 5°36'04" AN ARC DISTANCE OF 136.86 FEET; THENCE LEAVING SAID EAST LINE, NORTH 87°16'37" WEST 51.00 FEET; THENCE SOUTH 85°40'16" WEST 237.25 FEET; THENCE NORTH 33°09'38" WEST 90.82 FEET; THENCE NORTH 67°35'40" WEST 44.98 FEET TO A POINT ON THE EAST LINE OF PARCEL 3 OF THE LAND DESCRIBED IN DEED TO RANCHO CARLSBAD PARTNERS, RECORDED OCTOBER 21, 2005 AS INSTRUMENT NO. 2005-0911720 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG SAID EAST LINE, NORTH 13°32'35" EAST 114.38 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 3, SAID POINT ALSO BEING ON THE SOUTH LINE OF SAID PARCEL B OF PLAT NO. 00-14; THENCE WESTERLY ALONG SAID LINE NORTH 81 °34'45" WEST 582.19 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID PARCEL B; THENCE NORTHERLY ALONG THE WEST LINE OF SAID PARCEL B NORTH 13°32'38" EAST 249.90 FEET; THENCE NORTH 13°34'44" EAST 299.92 FEET; THENCE NORTH 87°25'25" WEST 1132.85 FEET; THENCE NORTH 00°14'31" EAST 181.08 FEET; THENCE NORTH 69°52'20" EAST 30.95 FEET; THENCE NORTH 00°09'11" EAST 54.77 FEET; THENCE NORTH 01°25'49" WEST 57.64 FEET; THENCE NORTH 01°16'49" WEST 52.56 FEET; THENCE NORTH 00°21'46" EAST 413.73 FEET; THENCE SOUTH 86°20'05" WEST, 26.79 FEET; THENCE NORTH 00°14'31" EAST 324.31 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL BEING DESCRIBED AS PARCEL B OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 13, 2007 AS INSTRUMENT NO. 2007-0603111 OF OFFICIAL RECORDS. PARCEL 5: AN EASEMENT FOR INGRESS AND EGRESS PURPOSES OVER, ALONG AND ACROSS A PORTION OF LOT 10 OF CARLSBAD TRACT NO. 83-36, ACCORDING TO MAP THEREOF NO. 11242, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 23, 1985 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: CLTA Preliminary Repo11 Fonn -Modified (11-17-06) Page 5 C Order No.: 830015755-US0 LEGAL DESCRIPTION ( continued) BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE BOUNDARY OF SAID MAP NO. 11242 SHOWN AS NORTH 67°09'01" WEST, 516.12 FEET; THENCE ALONG SAID BOUNDARY NORTH 67°09'01" WEST, 40.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 22°53'11" WEST, 56.06 FEET; THENCE SOUTH 67°10'38" EAST, 28.34 FEET TO THE BEGINNING OF A TANGENT 242.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°45'38" A DISTANCE OF 11.66 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS NORTH 25°35'11" EAST; THENCE LEAVING SAID CURVE NORTH 22°53'11" EAST, 56.33 FEET TO THE POINT OF BEGINNING. END OF LEGAL DESCRIPTION CL TA Preliminaiy Repo1t Fonn -Modified ( 11-17-06) Page 6 C 0 Order No.: 830015755-US0 SCHEDULEB At the date hereof, items to be considered and exceptions to coverage m addition to the printed Exceptions and Exclusions in said policy form would be as follows: THE FOLLOWING ITEMS AFFECT PARCEL 2 (209-060-71) 1. Property taxes, including any assessments collected with taxes, for the fiscal year 2009 -2010 that are a lien not yet due. 2. Intentionally omitted 3. The lien of supplemental taxes, if any, assessed pursuant to the prov1s10ns of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California 4. The rights of the public in and to that portion of the herein described land lying within College Avenue. 5. The effect, if any, of Record of Survey Map No. 517, which sets forth, or purports to set forth, certain dimension and bearings of the herein described property. 6. Intentionally omitted. 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress October 20, 1948 in Book 2988, page 430 as Instrument No. I 04290 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress April 19, 1951 in 4063, page 117 as Instrument No.142765 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Odell Isaacs and Vera W. Isaacs roadway and incidental purposes July 15, 1959 in Book 7771, page 15 of Official Records CL TA Preliminaty Report Fonn -Modified (11-17-06) Page 7 C Affects: SCHEDULEB ( continued) Order No.: 830015755-US0 The route thereof affects a portion of said land and is more fully described in said document. 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress July 23, 1959 in Book 7787, page 15 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 11. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress July 23, 1959 in Book 7787, page 75 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 12. An easement and right of way for roadway and public utility and incidental purposes as reserved in instrument recorded September 23, 1963 as Instrument No. 169663 of Official Records, and the right of others to use said easement as conveyed or reserved in various other instruments of record, over, under, along and across the existing traveled way. The route or location cannot be determined from the record. 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: 14. Intentionally omitted. 15. Intentionally omitted. 16. Intentionally omitted. Arthur S. Dockman, et ux road and utility and incidental purposes September 20, 1968 as Instrument No. 163727 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 17. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego County Drainage Maintenance District No. 1 flowage of waters and incidental purposes March 24, 1975 as Instrument No. 75-066441 of Official Records The route thereof affects a portion of said land and is more fully described in said document. CLTA Preliminary Repmt Fonn -Modified (11-17-06) Page 8 C SCHEDULEB ( continued) 0 Order No.: 830015755-US0 18. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego County Flood Control District flowage of waters and incidental purposes March 24, 1975 as Instrument No. 75-066442 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 19. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress March 25, 1975 as Instrument No. 75-067227 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 20. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: 21. Intentionally omitted. San Diego Gas and Electric Company public utilities, ingress, egress March 31, 1975 as Instrument No. 75-71988 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 22. The fact that said land lies within the Carlsbad Islands Annexation to the City of Carlsbad, as disclosed by document recorded April 30, 1987 as Instrument No. 87-236215 of Official Records. 23. The fact that said land lies within the Community Facilities District No. 1 of the City of Carlsbad as disclosed by document recorded December 19, 1990 as Instrument No. 90-0674118 of Official Records. Notice of Special Tax Lien by the City of Carlsbad, Community Facilities District No. 1, recorded May 20, 1991 as Instrument No. 91-0236959 of Official Records. 24. The effect, if any, of Record of Survey Map No. 13868, which sets forth, or purports to set forth, certain dimensions and bearings of the herein property. 25. The fact that said land lies within the Community Facilities District No. 2, Carlsbad Unified School District, as disclosed by document recorded October 7, 1992 as Instrument No. 1992-637693 of Official Records. 26. The effect, if any, of Record of Survey Map No. 13994, which sets forth, or purports to set forth, certain dimensions and bearings of the herein described property. Cl TA Preliminaiy Report Fonn -Modified ( 11-17-06) Page 9 C SCHEDULEB ( continued) 0 Order No.: 830015755-US0 27. The fact that said land lies within the Community Facilities District No. 2, Carlsbad Unified School District, as disclosed by document recorded October 7, 1992 as Instrument No. 92-0647693 of Official Records. 28. The effect, if any, of Record of Survey Map No. 13994, which sets forth, or purports to set forth, certain dimensions and bearings of the herein described property. 29. Rights of the public in and to that portion of the land lying within College Boulevard. 30. The terms and provisions contained in the document entitled "Protest Waiver Agreement" recorded September 7, 1995 as Instrument No. 1995-0398034 of Official Records. 31. An unrecorded Agreement for the Exchange of Real Property and Mutual Development dated as of November _, 1999 as disclosed by the document recorded November 5, 1999 as Instrument No. 1999-0739485 of Official Records. 32. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The City of Carlsbad public drainage and incidental purposes March 13, 2000 as Instrument No. 2000-0125914 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 33. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The City of Carlsbad construct, reconstruct, operate, maintain and repair facilities and incidental purposes April 11, 2001 as Instrument No. 2001-0221300 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 34. The effect, if any, of Record of Survey Map No. 17348, which sets forth, or purports to set forth, certain dimensions and bearings of the herein described property. 35. The terms and provisions contained in the document entitled Lot Line Adjustment Agreement recorded April 21, 2006 as Instrument No. 2006-0279842 of Official Records. 36. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: 37. Intentionally omitted. City of Carlsbad, a municipal corporation public street and public utility purposes March 27, 2007 as Instrument No. 2007-0205880 of Official Records The route thereof affects a portion of said land and is more fully described in said document. CLTA Preliminaty Report Fonn -Modified ( 11-17-06) Page IO 38. Intentionally omitted. 39. Intentionally omitted. SCHEDULEB ( continued) 0 Order No.: 830015755-US0 40. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The City of Carlsbad, a municipal corporation public street, and public utility and incidental purposes March 27, 2007 as Instrument No. 2007-0205884 of Official Records the Easterly 51 feet of said land as shown and described is said document 41. Abutter's rights of ingress and egress to or from College Boulevard have been relinquished in the document recorded March 27, 2007 as Instrument No. 2007-0205885 of Official Records. 42. Abutter's rights of ingress and egress to or from College Boulevard have been relinquished in the document recorded March 27, 2007 as Instrument No. 2007-0205886 of Official Records. 43. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Bepton Investments, LLC, an Arizona limited liability company and Dartford Investments, LLC, an Arizona limited liability company ingress and egress and incidental purposes March 27, 2007 as Instrument No. 2007-0205893 of Official Records The exact location and extent of said easement is not disclosed of record 44. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation public sewer, access and incidental purposes July 17, 2007 as Instrument No. 2007-0479013 of Official Records The route thereof affects a portion of said land and is more fully described in said document. Note: Portion of Easement vacated by document recorded December 24, 2007 as Instrument No. 2007-0790599 and also recorded February 12, 2008 as Instrument No. 2008-071208 of Official Records. 45. Intentionally omitted. 46. The fact that said land is shown on Record of Survey Map No. 20046 recorded January 11, 2008. 47. A claim of Mechanic's Lien Amount: $6,656.98 CLTA Preliminary Rep011 Fonn -Modified ( 11-17-06) Page 11 0 Claimant: Recorded: SCHEDULEB ( continued) Diamond Environmental Services ·"'"" -....,J Order No.: 830015755-US0 August 27, 2008 as Instrument No. 2008-0460111 of Official Records Reference is hereby made to said document for full particulars. 48. Any other claims for Mechanic's Liens that may be recorded, by reason of a recent work of improvement that is disclosed by the Mechanic's Lien shown in the last above numbered item. 49. Rights of parties in possession of said land. Matters affecting the rights of said parties are not shown herein. 50. Matters which may be disclosed by an inspection or survey of said land or by inquiry of the parties of possession thereof. THE FOLLOWING ITEMS AFFECT PARCEL 3 ( 209-060-68 ) 51. Property taxes, including any assessments collected with taxes, for the fiscal year 2009 -2010 that are a lien not yet due. 52. Intentionally omitted 53. The lien of supplemental taxes, if any, assessed pursuant to the prov1s10ns of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California 54. The rights of the public in and to that portion of the herein described land lying within College Avenue. 55. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Edward Kelly, James T. Kelly, Robert S. Kelly, Ellen K. Hall and Lillie Kelly Ortega poles, wires, pipes or similar utility structures July 29, 1936 in Book 541, page 244 as Instrument No. 49122 of Official Records The exact location and extent of said easement is not disclosed of record 56. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: San Diego Gas and Electric Company public utilities, ingress, egress October 20, 1948 in Book 2988, page 430 as Instrument No. 104290 of Official Records CL TA Prelimina1y Repmt Fonn -Modified ( 11-17-06) Page 12 Affects: SCHEDULEB ( continued) Order No.: 830015755-US0 The route thereof affects a portion of said land and is more fully described in said document. 57. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress April 19, 1951 in Book 4063, page 117 as Instrument No. 50708 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 58. An easement for the purpose shown below and rights incidental thereto as reserved in a document. Purpose: Recorded: Affects: drainage October 1, 1958 in Book 7278, page 165 as Instrument No. 161019 of Official Records The exact location and extent of said easement is not disclosed of record 59. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: 60. Intentionally omitted. 61. Intentionally omitted. Odell Isaacs and Vera W. Isaacs roadway July 15, 1959 in Book 7771, page 15 as Instrument No. 142765 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 62. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: 63. Intentionally omitted. San Diego Gas and Electric Company public utilities, ingress, egress October 7, 1971 as Instrument No. 231011 of Official Records The exact location and extent of said easement is not disclosed of record CL TA Preliminaiy Report Fonn -Modified ( 11-17-06) Page 13 SCHEDULEB ( continued) Order No.: 830015755-US0 64. A document entitled "Protest Waiver Agreement", dated, September 1, 1995, executed by Carlsbad Resident Association, Inc., a California nonprofit mutual benefit corporation, as to an undivided 51 % interest, Carlsberg Rancho, Ltd., a California limited partnership, as to an undivided 18% interest, Brookvale Terrace Building Company, a California limited partnership, as to an undivided 21 % interest and Oak Shadows Building Company, a California limited partnership, as to an undivided 10% interest, subject to all the terms, provisions and conditions therein contained, recorded September 7, 1995 as Instrument No. 1995-0398034 of Official Records. 65. A document entitled "Agreement Between Developer-Owner and the City of Carlsbad for the payment of a public facilities fee for inside the boundaries of Community Facilities District No. l", dated April 23, 1996 executed by Carlsbad Residents Association And Abraham Keh and the City of Carlsbad, a municipal corporation, subject to all the terms, provisions and conditions therein contained, Recorded July 12, 1996 as File No. 1996-0351885, Official Records. 66. A document entitled "Agreement Between Developer-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee for Inside The Boundaries of Community Facilities District No. 1 ", dated April 23, 1997 executed by Rancho Carlsbad Partners, a general partnership and the City of Carlsbad, a municipal corporation, subject to all the terms, provisions and conditions therein contained, recorded November 14, 1997 as File No. 1997-0575067, Official Records. 67. A document entitled "Cable Television Bulk Billing Agreement and Grant of Easement", entered into as of January 1, 1998 executed by Daniels Cablevision, Inc., a Delaware corporation and Rancho Carlsbad Partners, a California general partnership, subject to all the terms, provisions and conditions therein contained, recorded December 12, 1997 as File No. 1997-0631753, Official Records. 68. A document entitled "Hold Harmless Agreement Drainage", dated November 4, 1997 executed by Rancho Carlsbad Partners, a California general partnership and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded February 4, 1998 as File No 1998- 0055997, Official Records. 69. A document entitled "Grant of Easements", dated May 7, 1997 executed by Rancho Carlsbad Partners, a California general partnership, as the owner of "Fee Property" and Rancho Carlsbad Partners, a California general partnership, as owner of the "Leasehold Interests", subject to all the terms, provisions and conditions therein contained, recorded march 25, 1998 as file no. 1998- 0161580, official records and re-recorded December 3, 1999 as File No. 1999-0790765 of Official Records. 70. A document entitled "Memorandum of Agreement", dated May 7, 1997 executed by Rancho Carlsbad Partners, a California general partnership, as the owner of the "Leasehold Interests" and Rancho Carlsbad Partners, a general partnership, as the owner of the "Common Area Land", subject to all the terms, provisions and conditions therein contained, recorded March 25, 1998 as File No. 1998-0161581. 71. A document entitled "Memorandum of Agreement", executed by Canan Properties, LLC, a California limited liability company and Rancho Carlsbad Partners, a California general partnership, subject to all the terms, provisions and conditions therein contained, recorded November 5, 1999 as Instrument No. 1999-0739485 of Official Records. CL TA Preliminary Rep01t Fonn -Modified ( 11-17-06) Page 14 C SCHEDULEB ( continued) Order No.: 830015755-US0 72. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation public drainage purposes March 13, 2000 as Instrument No. 2000-0125914 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 73. A document entitled "Memorandum of Tenancy-In-Common Agreement", dated October 31, 2000 executed by Carlsberg Rancho, Ltd., a California limited partnership, Brookvale Terrace Building Company, a California limited partnership and oak shadows building company, a California limited partnership, subject to all the terms, provisions and conditions therein contained, recorded December 21, 2000 as File No. 2000-0699590, of Official Records. 74. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad wastewater pipeline and also includes a means of access to and from said facility April 11, 2001 as Instrument No. 2001-221300 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 75. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The Terraces at Sunny Creek, LLC, a California limited liability company slope easement September 12, 2001 as Instrument No. 2001-0652680 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 76. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress July 26, 2002 as Instrument No. 2002-0629409 of Official Records The exact location and extent of said easement is not disclosed of record 77. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The City of Carlsbad, a municipal corporation public street, public utility and incidental purposes March 27, 2007 as Instrument No. 2007-0205883 of Official Records as shown and described in said document. CL TA Preliminaty Repot1 Fonn -Modified ( 11-17-06) Page 15 SCHEDULEB ( continued) Order No.: 830015755-US0 78. Abutter's rights of ingress and egress to or from College Boulevard have been relinquished in the document recorded March 27, 2007 as Instrument No. 2007-0205885 of Official Records. 79. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation public sewer, access and incidental purposes July 17, 2007 as Instrument No. 2007-0479013 of Official Records The route thereof affects a portion of said land and is more fully described in said document. Note: Portion of Easement vacated by document recorded December 24, 2007 as Instrument No. 2007-790599 and also recorded February 12, 2008 as Instrument No. 2008-071208 of Official Records. 80. Intentionally omitted. 81. The fact said land is shown on Record of Survey Map No. 20046 recorded January 11, 2008. 82. Rights of parties in possession of said land. Matters affecting the rights of said parties are not shown herein. 83. Matters which may be disclosed by an inspection or survey of said land or by inquiry of the parties of possession thereof. THE FOLLOWING ITEMS AFFECT PARCEL 4 (209-060-70) 84. Intentionally omitted 85. The lien of supplemental taxes, if any, assessed pursuant to the prov1s1ons of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California 86. The rights of the public in and to that portion of the herein described land lying within College Avenue. 87. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Edward Kelly, James T. Kelly, Robert S. Kelly, Ellen R. Hall and Lillie Kelly Ortega poles, wires, pipes or similar utility structures and incidental purposes July 29, 1936 in Book 541, page 244 of Official Records The exact location and extent of said easement is not disclosed of record 88. An easement for the purpose shown below and rights incidental thereto as set forth in a document. CL TA Prelimina1y Rep01t Fonn -Modified ( 11-17-06) Page 16 Purpose: Recorded: Affects: SCHEDULEB ( continued) 0 Order No.: 830015755-US0 pole lines, underground conduits and incidental purposes October 3, 1951 in Book 4252, page 595 of Official Records The exact location and extent of said easement is not disclosed of record 89. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose: Recorded: Affects: pole lines, underground conduits together with the right of ingress and egress and incidental purposes January 21, 1960 as Instrument No. 12781 of Official Records The exact location and extent of said easement is not disclosed of record 90. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress October 7, 1971 as Instrument No. 231011, Official Records The exact location and extent of said easement is not disclosed of record 91. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Joseph L. Cantarini and Lillian G. Cantarini, Cline Cantarini and Banning T. Cantarini ingress and egress and public utilities January 9, 1969 as Instrument No. 4773 of Official Records A portion of said land and is more fully described in said document 92. A document entitled "Easement Modification Agreement", dated, September 1, 1995, executed by Banning T. Cantarini, Trustee of the Banning and Carol Cantarini Trust dated August 13, 1982, as amended and Cline V. Cantarini and Dolores Cantarini, Co-trustees of the C.V. and D.F. Cantarini Revocable Trust established March 3, 1988, subject to all the terms, provisions and conditions therein contained, recorded September 7, 1995 as Instrument No. 1995-0398031 of Official Records. Note: A portion of said easement was quitclaimed by document recorded September 7, 1995 as Instrument No. 1995-0398032 of Official Records. 93. Notice of Special Tax Lien by City of Carlsbad, Community Facilities District No. 1 recorded May 20, 1991 as Instrument No. 91-0236959 of Official Records. 94. Terms and provisions contained in that certain document entitled "Protest Waiver Agreement" recorded September 7, 1995 as Instrument No. 1995-398034 of Official Records. Reference is hereby made to said document for full particulars. CL TA Preliminary Report Fonn -Modified ( 11-17-06) Page 17 SCHEDULEB ( continued) Order No.: 830015755-US0 95. A document entitled "Agreement Between Developer-Owner and the City of Carlsbad for the Payment of a Public facilities Fee for Inside the Boundaries of Community Facilities District No. 1", subject to all the terms, provisions and conditions therein contained, recorded July 12, 1996 as Instrument No. 1996-0351885 of Official Records. 96. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation public street and public utility purposes and incidental purposes February 4, 1998 as Instrument No. 1998-0055998 of Official Records As further described in said document Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof 97. The terms and provisions contained in the document entitled "Memorandum of Tenancy-in- Common Agreement" recorded December 21, 2000 as Instrument No. 2000-0699590 of Official Records. 98. The effect of a map purporting to show the land and other property, filed as Map No. 17348 of Record of Surveys. 99. The terms and provisions contained in the document entitled "Memorandum of Agreement" recorded October 21, 2005 as Instrument No. 2005-0911723 of Official Records. 100. A document entitled "Lot Line Adjustment Agreement", dated, January 27, 2006, executed by the Bentley-Monarch Joint Venture, et al, subject to all the terms, provisions and conditions therein contained, recorded April 21, 2006 as Instrument No. 2006-0279842 of Official Records. Reference is hereby made to said document for full particulars. 101 . An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: 102. Intentionally omitted. 103. Intentionally omitted. City of Carlsbad, a municipal corporation public street and public utility purposes March 27, 2007 as Instrument No. 2007-0205880 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 104. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Bepton Investments, LLC, an Arizona limited liability company CLT A Preliminmy Rep011 Fonn -Modified ( 11-17-06) Page 18 C Purpose: Recorded: Affects: SCHEDULEB ( continued) Order No.: 830015755-US0 a temporary non-exclusive easement over and through the existing, unimproved road March 27, 2007 as Instrument No. 2007-0205893 of Official Records The exact location and extent of said easement is not disclosed of record 105. The fact said land is shown on Record of Survey Map No. 20046 recorded January 11, 2008. 106. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. 107. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a full copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. END OF SCHEDULE B CLTA Preliminary Repo1t Fonn -Modified ( 11-17-06) Page 19 C ::) Order No.: 830015755-US0 INFORMATIONAL NOTES Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Note No. 3: Your open order request indicates that a Limited Liability Company will be acquiring, encumbering or conveying real property in your transaction. Under the provisions of "the California Limited Liability Act, effective September 30, 1994" the following will be required: 1. A copy of the Articles of Organization (and all amendments, if any) that has been filed with the Secretary of State. 2. The requirement that this Company be provided with a copy of the Operation Agreement. The copy provided must be certified by the appropriate manager or member that it is a copy of the current operating agreement. 3. If the Limited Liability Company is member-managed then this Company must be provided with a current list of the member names. West Senior Living R/E, LLC, a California limited liability company JRS CLTA Preliminary Repo1t Fonn -Modified ( 11-17-06) Page 20 .. -~ thicago Title 0 Company Builders Services Division 2365 Northside Drive, Suite 500, San ~Ect::l'Oe.B08 (619) 521-3400 Title Department: JUI_ 2 0 2009 Customer: Chicago Title Company CITY OF CARL~BA1)nior Living Attn: Tom Votel/Ken Cyr I ~ ~John Rimbach Email: votelt@ctt.com & ken.cyr@ctt.com PLANN ~oos11-tiJderi Valley Road, #215 Phone: (619) 521-3553 & (619) 521-3555 Carlsbad, Ca. 92011 Fax: (619) 521-3608 Order No.: 930014995-U50 Ref: Sunny Creek FIRST AMENDED PRELIMINARY REPORT Property Address: APN: 209-112-69 Dated as of: May 29, 2009 at 7:30 am In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that se forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY CL TA Preliminaty Report Fonn -Modified ( 11-17-06) Page I :) Order No.: 930014995-US0 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: The Terraces at Sunny Creek LLC, a California limited liability company 3. The land referred to in this report is situated in the State of California, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Repmt Fonn -Modified (11-17-06) Page 2 .. 0 Order No.: 930014995-US0 LEGAL DESCRIPTION REMAINDER PARCEL B OF CARLSBAD TRACT NO. 96-02 (THE TERRACES AT SUNNY CREEK I), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14060, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 27, 2000. END OF LEGAL DESCRIPTION CL TA Preliminaiy Report Fonn -Modified ( l l-17-06) Page 3 C Order No.: 930014995-US0 SCHEDULED At the date hereof, items to be considered and exceptions to coverage m addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. Property taxes, including any assessments collected with taxes, for the fiscal year 2009 -2010 that are a lien not yet due. 2. The lien of supplemental taxes, if any, assessed pursuant to the prov1S1ons of Chapter 3.5 ( commencing with Section 75) of the revenue and taxation code of the State of California 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose: Recorded: Affects: roads, utilities and incidental purposes July 29, 1936 in Book 541, page 244 of Official Records The exact location and extent of said easement is not disclosed of record 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: 5. Intentionally omitted San Diego Gas and Electric Company public utilities, ingress, egress October 20, 1948 in Book 2988, page 430 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 6. The fact that said land lies within the "Ohara Annexation", to the City of Carlsbad, as disclosed by instrument recorded December 3, 1984 as Instrument No. 84-450326 of Official Records. 7. A document entitled "A Hold Harmless Agreement Regarding Drainage", dated, March 26, 1985, executed by H and D Partners, a general partnership, subject to all the terms, provisions and conditions therein contained, recorded June 13, 1985 as Instrument No. 85-210265 of Official Records. 8. Intentionally omitted 9. A document entitled "An Agreement Regarding an Uncontrolled Stockpile", dated, July 27, 1989, executed by Sunny Creek I Partnership and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded August 3, 1989 as Instrument No. 89-412045 of Official Records. 10. A pending assessment for the District shown below. When notice of the assessment is recorded with the County Recorder the assessment shall become a lien on said land. District: Community Facilities District No. 1 of the City of Carlsbad CLTA Prelimina1y Repm1 Fonn -Modified ( 11-17-06) Page4 Disclosed By: Recorded: SCHEDULEB ( continued) Instrument Order No.: 930014995-US0 December 19, 1990 as Instrument No. 1990-674118 of Official Records A notice of special tax lien relative to the City of Carlsbad Community Facilities District No. 1 recorded May 20, 1991 as Instrument No. 1991-236959 of Official Records. 11. A pending assessment for the District shown below. When notice of the assessment is recorded with the County Recorder the assessment shall become a lien on said land. District: Disclosed By: Recorded: Community Facilities District No. 2, Carlsbad Unified School District Instrument October 7, 1992 as Instrument No. 1992-637693 of Official Records 12. A pending assessment for the District shown below. When notice of the assessment is recorded with the County Recorder the assessment shall become a lien on said land. District: Disclosed By: Recorded: Carlsbad Unified School District Community Facilities District No. 3 Instrument May 16, 1995 as Instrument No. 1995-205176 of Official Records 13. The terms and provisions contained in the document entitled "Notice of Restriction on said Property Issued by the City of Carlsbad" recorded November 4, 1999 as Instrument No. 1999- 737837 of Official Records. 14. The terms and provisions contained in the document entitled "A Notice and Waiver Concerning Proximity of the Planned or Existing El Camino Real and College Boulevard Transportation Corridors, Case No. CT 96-02" recorded November 4, 1999 as Instrument No. 1999-737784 of Official Records. 15. The terms and provisions contained in the document entitled "A Notice of Concerning Aircraft Environmental Impacts Case No. CT 96-02" recorded November 4, 1999 as Instrument No. 1999-73 7789 of Official Records. 16. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Rancho Carlsbad Partners, a California general partnership ingress and egress and incidental purposes November 5, 1999 as Instrument No. 1999-739484 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 17. A document entitled "Memorandum of Agreement", dated, November 2, 1999, executed by Canam Properties LLC, a California limited liability company and Rancho Carlsbad Partners, a California general partnership, subject to all the terms, provisions and conditions therein contained, recorded November 5, 1999 as Instrument No. 1999-739485 of Official Records. CL TA Preliminaty Repo11 Fonn -Modified (11-17-06) Page 5 SCHEDULEB ( continued) Order No.: 930014995-US0 18. A document entitled "A Hold Harmless Agreement Geological Failure", dated, February 25, 2000, executed by The Terraces at Sunny Creek, LLC, a California limited liability company, subject to all the terms, provisions and conditions therein contained, recorded April 5, 2000 as Instrument No. 2000-173368 of Official Records. 19. A document entitled "A Hold Harmless Agreement Geological Failure", dated, February 25, 2000, executed by The Terraces at Sunny Creek, LLC, a California limited liability company and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded April 5, 2000 as Instrument No. 2000-173368 of Official Records. 20. Provisions, herein recited, of the dedication statement on the Map of: Provisions: 14060 Various restrictions in improving or developing the property herein described. 21. The fact that the remainder Parcel Bis designated as non building parcel as disclosed on Map No. 14060. 22. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress December 7, 2000 as Instrument No. 2000-665575 of Official Records The exact location and extent of said easement is not disclosed of record 23. An Agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: March 23, 2000 Daniels Cablevision, Inc., a Delaware corporation and Terraces at Sunny Creek, LLC May 1, 2001 as Instrument No. 2001-271288 of Official Records Cable Television Construction Wiring Agreement and Easement Reference is hereby made to said document for full particulars. 24. An Agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: March 7, 2000 The Terraces at Sunny Creek, LLC, a California partnership and the city of Carlsbad, a municipal corporation March 15, 2002 as Instrument No. 2002-221632 of Official Records Agreement for Reimbursement of Costs for the Palmer Way Sewer Extension Design and Construction Cost CLTA Preliminary Rep011 Fonn -Modified (11-17-06) Page 6 C SCHEDULEB ( continued) Order No.: 930014995-US0 Reference is hereby made to said document for full particulars. 25. An Agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: August 22, 2002 The Terraces at Sunny Creek, LLC, a California partnership and Carlsbad Municipal Water District September 20, 2002 as Instrument No. 2002-810058 of Official Records Agreement for Reimbursement of Costs for Construction of the College Boulevard 36" water pipeline extension Reference is hereby made to said document for full particulars. 26. A pending court action as disclosed by a recorded notice. Plaintiff: Defendant: County: Court: Case No.: Nature of Action: Recorded: Belfor USA Group, Inc., a California corporation The Terraces at Sunny Creek, LLC, et al San Diego, North County Division Superior GIN030328 Lawsuit June 18, 2003 as Instrument No. 2003-719546 of Official Records Reference is hereby made to said document for full particulars. A complete examination of said proceedings has yet been made. Upon completion of our examination we will advise you of our findings. 27. An Agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: August 21, 2003 The Terraces at Sunny Creek, LLC, a limited liability company and the City of Carlsbad, a municipal corporation August 25, 2003 as Instrument No. 2003-1030938 of Official Records Agreement for Reimbursement of Costs for the Construction of the south Agua Hedionda Interceptor Sewer, Trunk 1 E Reference is hereby made to said document for full particulars. 28. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. CLTA Preliminaiy Rep01t Fonn -Modified (11-17-06) Page 7 SCHEDULEB ( continued) 0 Order No.: 930014995-US0 29. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a full copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. END OF SCHEDULE B CLTA Preliminaiy Repott Fonn -Modified (11-17-06) Page 8 C 0 Order No.: 930014995-US0 INFORMATIONAL NOTES Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Note No. 3: Your open order request indicates that a Limited Liability Company will be acquiring, encumbering or conveying real property in your transaction. Under the provisions of "the California Limited Liability Act, effective September 30, 1994" the following will be required: 1. A copy of the Articles of Organization (and all amendments, if any) that has been filed with the Secretary of State. 2. The requirement that this Company be provided with a copy of the Operation Agreement. The copy provided must be certified by the appropriate manager or member that it is a copy of the current operating agreement. 3. If the Limited Liability Company is member-managed then this Company must be provided with a current list of the member names. Note No. 4: Property taxes, for the fiscal year 2008 -2009 are paid. For information purposes the amounts are: 1st Installment: 2nd Installment: Exemption: Code Area: Assessors Parcel Number: GP $321.1 7 Paid $321.17 Paid $None 09125 209-112-69 CL TA Preliminary Repmt Fonn -Modified ( 11-17-06) Page 9 INFORMATIONAL NOTES ( continued) ATTACHMENT ONE PRIVACY STATEMENT IMPORTANT INFORMATION: Order No.: 930014995-US0 For those of you receiving this report by electronic delivery the Privacy Statement and Exclusions From Coverage are linked to this report. Please review this information by selecting the link. For those of you who are receiving a hard copy of this report, a copy of this information has been submitted for your review. CLTA Preliminary Repmt Fonn -Modified ( 11-17-06) Page 10 C~AGO TITLE INSURANCE COMP~Y Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates or others; • From our Internet web sites; • From the public records maintained by government entities that we wither obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Multiple Products or Services: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We apologize for any inconvenience this may cause you. Piivacy Statement ( I 0-21-03) ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power. and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it. unless: a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. 4. 5. Title Risks: that are created. allowed, or agreed to by you 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 Title Risks Failure to pay value for your title. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A OR in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. In addition to the Exclusions you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: I. 2. Any right, interests, or claims of parties in possession of the land not shown by the public records. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. 4. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. 2. 3. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection, or the eftect 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 aftecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 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. Defects, liens, encumbrances, adverse claims or other matters: 4. 5. 6. (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or 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 claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereat: 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. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' lees or expenses) which arise by reason of: I. 2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof Attachment One ( 11-17-06) Page 12 3. 4. 5. Easements, liens or encumbrances, 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 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. ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM I COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. 2, 3. (a) Any law, ordinance or governmental regulation (including 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 character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or 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. 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. Defects, liens, encumbrances. adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy (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 4. 5. 6. 7. to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 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. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and 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 Policy the insured has advanced or is obligated to advance. Any claim, which arises out of the transaction creating the interest of the mortgagee 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 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 or equitable subordination: or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preterential transfer results from the failure: (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. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. 2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings. whether or not shown by the records of such agency or by the public records. Any facts, rights. interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. 4. 5. Easements, liens or encumbrances, 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 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. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' lees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmenta I protection: or the etlect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. Attachment One ( l l-17-06) 2. 3. Page 13 (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Detects, liens, encumbrances, adverse claims, or other matters (a) created, suftered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy: (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or ATTACHMENT ONE (CONTINUED) 4. 5. (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Morti.,'llge. 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. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. 7. Any claim. by reason of the operation of federal bankruptcy. state insolvency. or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage. is (a) a fraudulent conveyance or fraudulent transfer. or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk I l(b). The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs. attorneys' fees or expenses) that arise by reason of: I. 2. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) Proceedings by a public agency that may result in taxes or assessments. or notices of such proceedings. whether or not shown by the records of such agency or by the Public Records. Any facts. rights. interests. or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. 4. 5. Easements. liens or encumbrances, or claims thereof. not shown by the Public Records. Any encroachment. encumbrance, violation, variation. or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. (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. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law. ordinance or governmental regulation (including 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 character. dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws. ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or 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. 4. Defects, liens. encumbrances. adverse claims or other matters: (a) created. suffered. assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; 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. Any claim. 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 insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (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. The above policy fonn may be issued to afford either Standard Coverage or Extended Coverai.,-e. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs. attorneys' foes or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the 3. Easements. liens or encumbrances. or claims thereof. which are not 2. records of any taxing authority that levies taxes or assessments on real shown by the public records. property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, shortage in area. which may result in taxes or assessments, or notices of such encroachments. or any other facts which a correct survey would proceedings. whether or not shown by the records of such agency or disclose. and which are not shown by the public records. by the public records. Any facts. rights. interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 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. Attachment One ( 11-17-06) Page 14 ATTACHMENT ONE (CONTINUED) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy. and the Company will not pay loss or damage. costs. attorneys' fees. or expenses that arise by reason of: I. (a) Any law. ordinance. permit. or governmental regulation (including those relating to building and zoning) restricting. regulating. prohibiting. or relating to 2. 3. (i) the occupancy, use. or enjoyment of the Land; (ii) the character. dimensions. or location of any improvement erected on the Land; (iii) the subdivision of land: or (iv) environmental protection; or the effect of any violation of these laws. ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Defects. liens. encumbrances. adverse claims. or other matters (a) created. suffered. assumed. or agreed to by the Insured Claimant; 4. 5. (b) not Known to the Company. not recorded in the Public Records at Date of Policy. but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10): or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim. by reason of the operation of federal bankruptcy. state insolvency. or similar creditors' rights laws. that the transaction vesting the Title as shown in Schedule A. is (a) a fraudulent conveyance or fraudulent transfer: or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs. attorneys· fees or expenses) that arise by reason of: I. 2. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments. or notices of such proceedings. whether or not shown by the records of such agency or by the Public Records. Any facts. rights. interests. or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. 4. 5. Easements. liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. (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. CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B. You are not insured against loss. costs. attorneys' fees. and expenses resulting from: I. Governmental police power. and the existence or violation of any law or government regulation. This includes ordinances. laws and regulations concerning: a. building b. zoning c. Land use d. improvements on the Land e. Land division f environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14. 15. 16. 17 or 24. 2. 3. The failure of Your existing structures. or any part of them. to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. The right to take the Land by condemning it. unless: Attachment One ( 11-17-06) Page 15 4. 5. 6. a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date. but not to Us. unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7. 8.d. 22. 23. 24 or 25. Failure to pay value for Your Title. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A: and b. in streets. alleys. or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. -ATTACHMENT ONE (CONTINUED) LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk I 8: Your Deductible Amount .LQQ¾ of Policy Amount or $ 2,500.00 (whichever is less) .LQQ% of Policy Amount or $ 5,000.00 (whichever is less) 1.00% of Policy Amount or $ 5,000.00 (whichever is less) 1.00% of Policy Amount or $ 2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) 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 tees or expenses which arise by reason of: I. 2. 3. (a) Any law, ordinance or governmental regulation (including 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 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 areas 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 s notice of the enforcement thereof or a notice of a detect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (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, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 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. Detects. liens. encumbrances, adverse claims or other matters: (a) created, suflered, assumed or agreed to by the Insured Claimant: (b) not Known to the Company, not recorded in the Public Records at Date of Policy. but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy: (c) resulting In no loss or damage to the Insured Claimant: Attachment One ( 11-17-06) 4. 5. 6. 7. 8. 9. Page 16 (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, I 8. I 9. 20, 21. 22. 23, 24, 25 and 26): or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness. to comply with applicable doing business laws of the state in which the Land is situated. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereat: which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance: or (b) The time a modification is made to the tenns of the Insured Mortgage which changes the rate of interest charged. if the rate of Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. 0 ( continued) NOTICE You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must -prior to the close of the current transaction -inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company 1s required to determine if you qualify for a discount which is subject to other terms and conditions. Attachment One ( 11-17-06) Page 17 209-11 .·,· . ,: ~-... : ...... _ .. ··"::. :-··: ... :::;:/~·:.~·!~~j \?°f:-f:j-?;.:::;:~~\'":·: .; :_ ··-::...:,·:.~,~:t:'f-·"t.", ~:.: .... ·CARLSBAD TRAcr·· NO. @coicm1«tsSAHDN1UetmU1YEASD1tNTOwtAl£0HEREOR (THE TERRACES AT SUNNY C 7'f--A-----c .. ,. -----< i SOC & C CO. Ill{. 4063/117, 8K .21198/430. -----HO WIOlll . REMAINDER PARCEL 'B' ( HOM• au11..01WGr Pl'Rc:.Ef..) N671D'l5'W SUNN¥ .CREEK )ROAD DATA TABLE (i) A•5t"20'10" (:!) A•H"03'11" Q) A-35"21'55' @ 6-215'.lS'lO" ® A•l4'59'at• (i) A•09'15'34" Ci) A-Ol'l3'37' ____ ...!N!!!8~T1p'.,J8,._'W..,._ ___ _ -----x!!39l,14 ______ _ This map with plotted easement(s) is provided as a courtesy. The locat10n of the easemant(s) is benelllld to be approximately oorrecl, but Is not guaranteed. Chicago Title will not assume responsibility lor 118 accuracy. If you want such a gU8rantee, you should obtain the seMces of a hcansad surveyor or ang,neer. lt-50.00' l.a51.78' R-30,00' • l•31, 18' R-SO.OO' L•30.!16' R•S0.00' R•43.SO' Jt-.43.50' R~43.SO' L•186.14' 1.•11.38' L•1.03' L•2.4S' 173 @. I 930014995-US0 Legend SDG&E --1948 In Bk 2988 Pg 430 ors f7777,:1 Access Easement ~ 1999-739484 @ 0. . C 0 Chicago Title ompany Builders Services Division 2365 Northside Drive, Suite 500, San IR~ffi\'~08 (619) 521-3400 Title Department: Chicago Title Company Attn: Tom Votel/Ranny Harper Email: votelt@ctt.com & ranny.harper@ctt.com Phone: (619) 521-3673 Fax: (619) 521-3608 Order No.: 930014533-U50 JUL 2 0 2003 CITY Customer: OF ~lSAf)r Living R/E, LLC PLANNING D@P-1'fr. John Rimbach Phone: (760) 496-7621 Reference No.: Camino Carlsbad FIRST AMENDED PRELIMINARY REPORT Property Address: APN: 209-060-58, 53 Dated as of: March 27, 2009 at 7:30 am In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY CL TA Preliminaiy Repott Fonn -Modified ( 11-17-06) Page I 0 Order No.: 930014533-US0 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: Camino Carlsbad, LLC, a California limited liability company 3. The land referred to in this report is situated in the State of California, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CL TA Preliminaty Rep01t Fonn -Modified ( 11-17-06) Page2 • C Order No.: 930014533-U50 LEGAL DESCRIPTION PARCEL 1: (PORTION APN 209-060-58) THAT CERTAIN PORTION OF LOT "B" OF THE RANCHO AGUA HEDIONDA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT "B" AS SHOWN ON RECORD OF SURVEY MAP NO. 517, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE WEST LINE OF SAID LOT "B" AS SHOWN ON SAID RECORD OF SURVEY MAP SOUTH 0° 06' EAST 1093.5 FEET TO AN ANGLE POINT IN SAID WEST LINE, SAID POINT BEING ALSO THE NORTHWEST CORNER OF A 39.0 ACRE PARCEL OF LAND AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 517, ALSO SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUING ALONG SAID WEST LINE SOUTH 0° 11' EAST 1197.17 FEET; THENCE LEAVING SAID WEST LINE NORTH 84° 02' 08" EAST 62.80 FEET; THENCE NORTH 37° 32' 03" EAST 460.00 FEET; THENCE SOUTH 80° 28' 02" EAST 275.00 FEET; THENCE SOUTH 40° 28' 07'' EAST 130.00 FEET; THENCE SOUTH 15° 58' 12" EAST 236.00 FEET; THENCE SOUTH 28° 01' 43" WEST, 106.39 FEET; THENCE SOUTH 76° 46' 39" EAST, 104.48 FEET TO A POINT ON THE EASTERLY LINE OF THE ABOVE MENTIONED 39.0 ACRE PARCEL OF LAND AS SHOWN ON SAID RECORD OF SURVEY MAP; THENCE ALONG SAID EASTERLY LINE NORTH 13° 13' 21" EAST (NORTH 13° 12' EAST RECORD) 1312.20 FEET TO THE NORTHEAST CORNER OF SAID 39.0 ACRE PARCEL OF LAND; THENCE ALONG THE NORTHERLY LINE THEREOF NORTH 87° 47' 35" WEST 1133.30 FEET (NORTH 87° 45' WEST 1133.0 FEET RECORD) TO THE TRUE POINT OF BEGINNING. PARCEL 2: (PORTION APN 209-060-58) THAT CERTAIN PORTION OF LOT "E" OF THE RANCHO AGUA HEDIONDA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT "B" AS SHOWN ON RECORD OF SURVEY MAP NO. 517, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE WEST LINE OF SAID LOT "B" AS SHOWN ON SAID RECORD OF SURVEY MAP SOUTH 0° 06' EAST 1093.5 FEET TO AN ANGLE POINT IN SAID BOUNDARY; THENCE ALONG SAID WEST LINE SOUTH 0° 11' EAST 164.57 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUING ALONG SAID WEST LINE SOUTH 0° 11' EAST 1032.60 FEET; THENCE LEAVING SAID WEST LINE SOUTH 84° 02' 08" WEST 109.20 FEET; THENCE SOUTH 9° 02' 13" WEST 210.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF ROAD SURVEY 682, 60 FEET WIDE, DISTANT THEREON NORTH 66° 57' 42" WEST (NORTH 67° 10' 00" WEST PER R.S. 682) 35.00 FEET FROM ROAD SURVEY STATION 130 + 02.98 B.C. "B" LINE REALIGNMENT; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 66° 57' 42" WEST (RECORD NORTH 67° 10' 00" WEST) 501.24 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY NORTH 29° 40' 36" EAST 1213.62 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: (APN 209-060-53) CLTA Preliminaiy Repo1t Fonn -Modified ( 11-17-06) Page 3 .. C LEGAL DESCRIPTION ( continued) :) Order No.: 930014533-US0 BEGINNING AT A POINT IN THE NORTHERLY LINE OF THAT CERTAIN 60 FOOT STRIP OF LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED FEBRUARY 19, 1962, AS DOCUMENT NO. 28911 OF OFFICIAL RECORDS, DISTANT THEREON, 660 FEET WESTERLY FROM THE INTERESECTION OF SAID NORTHERLY LINE WITH THE LOT LINE BETWEEN LOTS "B" AND "E"; THENCE ALONG THE NORTHERLY LINE OF SAID 60 FOOT STRIP OF LAND SOUTH 66° 57' 24" EAST 501.61 FEET; THENCE NORTH 9° 02' 34" EAST 110 FEET TO POINT "A" OF THIS DESCRIPTION; THENCE CONTINUING NORTH 9° 02' 34" EAST 100 FEET; THENCE NORTH 84° 02' 26" EAST 172 FEET TO POINT "B" OF THIS DESCRIPTION; THENCE SOUTH 10° 55' 38" WEST 301.86 FEET TO A POINT IN THE ARC OF A 1,030 FOOT RADIUS CURVE CONCAVE SOUTHERLY IN THE NORTHERLY LINE OF THAT CERTAIN 80 FOOT STRIP DESCRIBED IN PARCEL 61571-A IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 19, 1962, AS FILE NO. 28912 OF OFFICIAL RECORDS; THENCE EASTERLY ALONG SAID CURVE 45 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG A STRAIGHT LINE THROUGH POINT "B" TO A POINT 160 FEET SOUTHERLY FROM POINT "B"; THENCE WESTERLY ALONG A STRAIGHT LINE 185 FEET TO POINT "A"; THENCE SOUTH 9° 02' 34" WEST 110 FEET; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID 60 AND 80 FOOT STRIPS OF LAND TO THE TRUE POINT OF BEGINNING IN LOTS B AND E. END OF LEGAL DESCRIPTION CLTA Preliminary Repo1t Fonn -Modified ( 11-17-06) Page 4 Order No.: 930014533-US0 SCHEDULEB At the date hereof, items to be considered and exceptions to coverage m addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. Property taxes, including any assessments collected with taxes, for the fiscal year 2009 -2010 that are a lien not yet due. 2. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2008 -2009 1st Installment: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: Assessors Parcel Number: $8,682.99 (Paid) $8,682.99 $878.29 (Due after April 10) $None 09162 209-060-58 Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2008 -2009 1st Installment: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: Assessors Parcel Number: $309.36 (Paid) $309.36 $40.93 (Due after April 10) $None 09162 209-060-53 3. The lien of supplemental taxes, if any, assessed pursuant to the prov1s10ns of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California 4. The rights of the public to use a right-of-way any portion of the herein described land lying within any lawfully dedicated public street or highway. 5. The right of Edward Kelly, James Kelly, Robert S. Kelly, Alice K. Morrison and Lillie Kelly Ortega, and their respective successors and assigns, to use all roads and rights of way now existing or traveled over and across any portion of the property in question; together with right and easement to install any poles, pipes or similar utility structures over and along any or all of such rights of way, as granted in that certain instrument dated March 26, 1936 and filed for record July 29, 1936 in the office of the county recorder of San Diego County in Book 541, page 244 of Official Records. 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: County of San Diego public road (R.S. 682) CLTA Preliminaiy Repott Fonn -Modified (11-17-06) Page 5 C Recorded: Affects: SCHEDULEB ( continued) ,,....,. ....,j Order No.: 930014533-US0 January 5, 1938 in Book 727, page 441 of Official Records The route thereof affects a portion of said land and is more fully described in said document. Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof 7. Intentionally omitted 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress October 20, 1948 in Book 2988, page 343 as Instrument No. 104247 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 9. An Agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: October 11, 1950 W. D. Cannon, First Pary and Ellen K. Hall, Second Party October 13, 1950 in Book 3819, page 191 of Official Records Among other things that second party does give and grant to first party as the sole and exclusive right to enter from time to time hereafter upon the hereinafter described lands for the purpose of drilling or digging wells for water and for such other necessary pipelines and electric lines and to take and remove all water that may develop on said lands as his sole discretion may determine Reference is hereby made to said document for full particulars. By an instrument dated October 20, 1953 and recorded January 11, 1954 in Book 5408, page 328 of Official Records, said William D. Cannon did grant and convey to Paul Ecke, a single man, an undivided one-half interest in and to all rights obtained by him under said agreement 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress April 27, 1951 in Book 4076, page 366 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 11. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Paul Ecke CLTA Prelimina1y Repo11 Fonn -Modified ( 11-17-06) Page 6 C Purpose: Recorded: Affects: SCHEDULEB ( continued) a water pipeline 0 Order No.: 930014533-US0 January 11, 1954 in Book 5108, page 328 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Paul Ecke and Magdalena Ecke a line of independent lines of pipe and all necessary and proper fixtures for use in connection therewith December 1, 1954 in Book 5446, page 324 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose: Recorded: Affects: road and utility purposes July 15, 1959 in Book 7771, page 17 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 14. The reservation of all water rights and water revenue from said land as reserved by Carroll R. Kelly and Alice L. Kelly, husband and wife in deed recorded December 26, 1962 as Instrument No. 219750 of Official Records. 15. An Agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: June 1, 1964 The City of Carlsbad, a municipal corporation and Carroll R. Kelly and Alice Kelly, husband and wife June 22, 1964 as Instrument No. 111 716 of Official Records Water rights Reference is hereby made to said document for full particulars. An Assignment of rights and privileges under said agreement to Richard C. Kelly recorded November 5, 1984 as Instrument No. 1984-417372 of Official Records. 16. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the right of way, where required for the construction and maintenance, as contained in the deed recorded November 28, 1969 as Instrument No. 217329 of Official Records. 17. An Unrecorded Lease affecting the premises herein described, executed by and between the parties herein named, with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Richard C. Kelly Carlsbad Golf Courses, a general partnership composed of David F. Dawes and Ronald S. Schwab CL TA Preliminary Rep011 Fonn -Modified ( 11-17-06) Page 7 C Recorded: SCHEDULEB ( continued) 0 Order No.: 930014533-US0 July 10, 1972 as Instrument No. 177324 of Official Records The present ownership of the Leasehold created by said Lease and other matters affecting the interest of the Lessee are not shown herein. 18. An Agreement to Amend or Modify certain provisions of said lease, as set forth in the document executed by: Lessor: Lessee: Recorded: Richard C. Kelly Rancho Carlsbad Golf Course, a general partnership, composed of David F. Dawes and Ronald S. Schwab November 25, 1977 as Instrument No. 77-487485 of Official Records The present ownership of the Leasehold created by said Lease and other matters affecting the interest of the Lessee are not shown herein. The effect of a quitclaim deed from P. Garcia-Ovies, as trustee and receiver in Western Land & Development Co. Chapter II Case No. 93-06535 PS 11 U.S. Bankruptcy Court, Southern District of California to the Carlsbad Resident Association, Inc., a California nonprofit mutual benefit corporation, as to an undivided 51 % interest, Carlsberg Rancho Ltd., a California limited partnership, as to an undivided 18% interest, Brookvale Terrace Building Company, a California limited partnership, as to an undivided 21 % interest, and Oak Shadows Building Company, a California limited partnership, as to an undivided 10% interest recorded September 7, 1995 as Instrument No. 1995-0398027 of Official Records. Assignment of the Lessee's interest in said Lease, Assignor: Assignee: Recorded: Rancho Carlsbad Golf Course, a California general partnership The Carlsbad Resident Association, Inc., a California nonprofit mutual benefit corporation, Carlsberg Rancho, Ltd., a California limited partnership, and Oak Shadow Building Company, a California limited partnership, as tenant in common September 7, 1995 as Instrument No. 1995-0398029 of Official Records An Assignment to Rancho Carlsbad Partners, a California limited partnership was recorded June 28, 1996 as Instrument No. 1996-0327918 of Official Records. The effect of a grant deed from the Carlsbad Resident Association, Inc., a California nonprofit mutual benefit corporation, Carlsberg Rancho, Ltd., a California limited partnership, Brookvale Terrace Building Company, a California limited partnership and Oak Shadows Company, a California limited partnership, as tenant in common to Rancho Carlsbad Partners, a California general partnership recorded June 28, 1996 as Instrument No. 1996-0327916 of Official Records. Assignment of the Lessee's interest in said Lease, Assignor: Rancho Carlsbad Partners, a California general partnership CLTA Preliminary Report Fonn -Modified ( 11-17-06) Page 8 C Assignee: Recorded: SCHEDULEB ( continued) 0 Order No.: 930014533-USO Carlsberg Rancho Ltd., a California limited partnership, Brookvale Terrace Building Company, a California limited partnership, and Oak Shadows Building Company, a California limited partnership, as tenant in common December 21, 2000 as Instrument No. 2000-0699589 of Official Records Agreement for assignment and assumption of lease recorded February 4, 2003 as Instrument No. 2003-0130231 of Official Records. Assignment of Lease recorded October 21, 2005 as Instrument No. 2005-0911722 of Official Records. Assignment of Lease recorded October 16, 2007 as Instrument No. 2007-0663989 of Official Records. 19. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Gerald G. Weland and Frances A. Weland road purposes July 28, 1972 as Instrument No. 195918 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 20. Notice of special tax lien by the City of Carlsbad, Community Facilities District No. 1, recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records. 21. A document entitled "Grant of Easements", dated, May 7, 1997, executed by Rancho Carlsbad Partners, a California general partnership, as to owner of "Fee Property" and Rancho Carlsbad Partners, a California general partnership, as owner of the "Leasehold Interest", subject to all the terms, provisions and conditions therein contained, recorded March 25, 1998 as Instrument No. 1998-0161580, of Official Records and re-recorded December 3, 1999 as Instrument No. 1999- 0790765 of Official Records. 22. A document entitled "Memorandum of Agreement", dated, May 7, 1997, executed by Rancho Carlsbad Partners, a California general partnership, as the owner of the "Leasehold Interest", and Rancho Carlsbad Partners, a California general partnership, as the owner "common area land, subject to all the terms, provisions and conditions therein contained, recorded March 25, 1998 as Instrument No. 1998-0161581 of Official Records. 23. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation wastewater pipeline easement and temporary construction September 29, 2000 as Instrument No. 2000-0523120 of Official Records The route thereof affects a portion of said land and is more fully described in said document. CLTA Preliminaiy Rep011 Fonn -Modified ( 11-17-06) Page 9 C SCHEDULEB ( continued) 0 Order No.: 930014533-US0 24. An Agreement for assignment and assumption of lease by and between Richard C. Kelly, an individual and Mesa Shopping Center, LLC, Mira Mesa Shopping Center, LLC, Mira Mesa Shopping Center-West, LLC, the Elliot Feuerstein Trust, the Roberta Feurstein Children's Trust recorded December 20, 2001 as Instrument No. 2001-0938913 of Official Records. 25. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. 26. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a full copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. END OF SCHEDULE B CLTA Preliminary Repo1t Fonn -Modified ( 11-17-06) Page 10 C :) Order No.: 930014533-US0 INFORMATIONAL NOTES Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Note No. 3: Your open order request indicates that a Limited Liability Company will be acquiring, encumbering or conveying real property in your transaction. Under the provisions of "the California Limited Liability Act, effective September 30, 1994" the following will be required: I. A copy of the Articles of Organization (and all amendments, if any) that has been filed with the Secretary of State. 2. The requirement that this Company be provided with a copy of the Operation Agreement. The copy provided must be certified by the appropriate manager or member that it is a copy of the current operating agreement. 3. If the Limited Liability Company is member-managed then this Company must be provided with a current list of the member names. GP CLTA Preliminaiy Repmt Fonn -Modified (11-17-06) Page 11 C INFORMATIONAL NOTES ( continued) ATTACHMENT ONE PRIVACY STATEMENT IMPORTANT INFORMATION: Order No.: 930014533-US0 For those of you receiving this report by electronic delivery the Privacy Statement and Exclusions From Coverage are linked to this report. Please review this information by selecting the link. For those of you who are receiving a hard copy of this report, a copy of this information has been submitted for your review. CLTA Preliminaiy Rep011 Fonn -Modified (11-17-06) Page 12 C~AGO TITLE INSURANCE COM~Y Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates or others; • From our Internet web sites; • From the public records maintained by government entities that we wither obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Multiple Products or Services: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy Statement ( I 0-21-03) ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B. you are not insured against loss. costs, attorneys' tees, and expenses resulting from: I. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it. unless: a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. 4. 5. Title Risks: that are created, allowed. or agreed to by you 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 Title Risks Failure to pay value for your title. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A OR in streets. alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. In addition to the Exclusions you are not insured against loss. costs. attorneys' fees, and the expenses resulting from: I. 2. Any right, interests, or claims of parties in possession of the land not shown by the public records. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. 4. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs. attorneys' fees or expenses which arise by reason of: I. 2. 3. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use. or enjoyment of the land; (ii) the character. dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection. or the eflect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or notice of a detect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 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. Detects, liens, encumbrances, adverse claims or other matters: 4. 5. 6. (a) whether or not recorded in the public records at Date of Policy. but created, suffered. assumed or agreed to by the insured claimant; (b) not known to the Company. not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or 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 claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness. to comply with the applicable doing business laws of the state in which the land is situated. 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. Any claim. which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender. by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE 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: I. 2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings. whether or not shown by the records of such agency or by the public records. Any facts. rights. interests. or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof Attachment One ( 11-17-06) 3. 4. 5. Page 14 Easements, liens or encumbrances, 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 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. C ATTACHMENT ONE (CONTINVED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (I0-17-92) WITH ALTA ENDORSEMENT-FORM I COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. 2. 3. (a) Any law, ordinance or governmental regulation (including 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 character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or 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. 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. Defects. liens, encumbrances. adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy (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 4. 5. 6. 7. to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy): or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. Uncnforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 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. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and 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 Policy the insured has advanced or is obligated to advance. Any claim, which arises out of the transaction creating the interest of the mortgagee 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 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 or equitable subordination: or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the prelerential transler results from the failure: (a) to timely record the instrument oftransler; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. 2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts. rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3. 4. 5. Easements, liens or encumbrances, 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 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. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' lees. or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting. regulating, prohibiting, or relating to (i) the occupancy, use. or er\joyment of the Land: (ii) the character, dimensions. or location of any improvement erected on the Land: ( iii) the subdivision of land: or (iv) environmental protection: or the eftect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. Attachment One (11-17-06) Page 15 2. 3. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Detects. liens, encumbrances, adverse claims, or other matters (a) created. suflered. assumed. or agreed to by the Insured Claimant: (b) not Known to the Company, not recorded in the Public Records at Date of Policy. but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy: (c) resulting in no loss or damage to the Insured Claimant (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11. 13, or 14): or C ATTACHMENT ONE (CONTINUED) :, 4. 5. (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 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. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. 7. 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 trans/er. or (b) a preferential transfer for any reason not stated in Covered Risk I 3(b) of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk I l(b). The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs. attorneys· fees or expenses) that arise by reason of: I. 2. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or asse,?sments 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. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. 4. 5. Easements, liens or encumbrances, or claims thereof. not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. (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. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs. attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including 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 character, dimensions or location of any improvement now or hereatler erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a detect. 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. 4. Detects. liens. encumbrances. adverse claims or other matters: (a) created. sutlered, assumed or agreed to by the insured claimant: (b) not known to the Company. not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy: 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. Any claim. which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of tederal 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 insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (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. The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE 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: I. 2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof Attachment One ( 11-17-06) 3. 4. 5. Page 16 Easements. liens or encumbrances. or claims thereat: 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 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. ATTACHMENT ONE (CONTINUED) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: (b) not Known to the Company. not recorded in the Public Records at Date of Policy. but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy: I. (a) Any law, ordinance, permit. or governmental regulation 2. 3. (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land: ( ii) the character, dimensions, or location of any improvement erected on the Land: (iii) the subdivision of land: or (iv) environmental protection: or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Defects. liens. encumbrances. adverse claims. or other matters (a) created, suftered, assumed, or agreed to by the Insured Claimant: 4. 5. (c) resulting in no loss or damage to the Insured Claimant: (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and I 0): or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim. by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer: or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys· fees or expenses) that arise by reason of: I. 2. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records: (b) proceedings by a public agency that may result in taxes or assessments. or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Any facts, rights, interests. or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. 4. 5. Easements, liens or encumbrances, or claims thereo[ not shown by the Public Records. Any encroachment. encumbrance. violation. variation. or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. (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. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALT A HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of any law a. a notice of exercising the right appears in the Public Records at or government regulation. This includes ordinances, laws and the Policy Date; or regulations concerning: b. the taking happened before the Policy Date and is binding on You a. building if You bought the Land without Knowing of the taking. b. zoning 4. Risks: c. Land use a. that are created, allowed. or agreed to by You. whether or not d. improvements 011 the Land they appear in the Public Records: e. Land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16. 17 or 24. 2. 3. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. The right to take the Land by condemning it. unless: Attachment One ( 11-17-06) Page 17 5. 6. b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date: c. that result in no loss to You; or d. that first occur alter the Policy Date -this does not limit the coverage described in Covered Risk 7. 8.d. 22, 23, 24 or 25. Failure to pay value for Your Title. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A: and b. in streets. alleys. or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. C ATTACHMENT ONE (CONTINUED) LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owners Coverage Statement as follows: For Covered Risk 14. 15. 16 and 18. Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: Your Deductible Amount Lill)% of Policy Amount or $ 2,500.00 (whichever is less) 1.00% of Policy Amount or $ 5,000.00 (whichever is less) 1.00% of Policy Amount or $ 5,000.00 (whichever is less) Lill)% of Policy Amount or $ 2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $ 25.000.00 $25,000 00 $5,000.00 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) 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 tees or expenses which arise by reason of: I. 2. 3. (a) Any law. ordinance or governmental regulation (including 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 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 areas of the Land or any parcel of which the Land is or was a part: or (iv) environmental protection, or the eftect of any violation of these laws, ordinances or governmental regulations, except to the extent that s notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation at1ecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (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 detect. lien or encumbrance resulting from a violation or alleged violation aftecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13. 14, and 16 of this policy. 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. Defects. liens. encumbrances, adverse claims or other matters: (a) created, suftered, assumed or agreed to by the Insured Claimant: (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy: (c) resulting In no loss or damage to the Insured Claimant: Attachment One ( 11-1 7-06) 4. 5. 6. 7. 8. 9. Page 18 (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8. 16. 18, 19, 20. 21. 22, 23. 24, 25 and 26): or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy. or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 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, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title. the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged. if the rate of Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. The failure of the residential structure, or any portion thereof to have been constructed before. on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. ( continued) NOTICE You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must -prior to the close of the current transaction -inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company 1s required to determine if you qualify for a discount which is subject to other terms and conditions. Attachment One ( 11-17-06) Page 19 209-06 1t3l30{ROS) ® JT,-fB Ac This map wtlh plotled easement(s) is provided as a courtesy. The location of the easement(s) is believed to be epprox1mately correct, but Is not guaranteed. Chicago TIiie wtll not assume responsibility for Its accuracy. If you want such a guarantee. you should obtain the services of a licensed surveyor or engineer. @ I 930014533-US0 Legend SDG&E --1951 In Bk 4076 Pg 366 ors Water Pipeline -=--1954 In Bk 5108 Pg 328 ors Water pipeline --1954 in Bk 5446 Pg 324 ors 11 Road and Utilities L..;.;_J 1959 In Bk 7771 Pg 17 ors r,::;:;:"7 Road E.........J 1972-195918 ~ Wastewater Pipeline Li:....L:J 2000-523120 @ C ~ Chicago Title Company Builders Ser'ff~~eD 2365 Northside Drive, Suite 500, San 'Diego', CA 92108 (619) 521-3400 Title Department: Chicago Title Company Attn: Tom Votel/Ranny Harper Email: votelt@ctt.com & ranny.harper@ctt.com Phone: (619) 521-3673 Fax: (619) 521-3608 Order No.: 930014532-U50 JUL 2 0 2009 CITY OF CARLSBADustomer: PLANNINS'~lenior Living, R/E, LLC Attn; Mr. John Rimbach Phone: (760) 496-7621 Reference No.: 168-050-35 wop FIRST AMENDED PRELIMINARY REPORT Property Address: APN: 168-050-35 Dated as of: April 9, 2009 at 7:30 am In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLT A and ALT A Homeowner' s Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY CLTA Preliminary Repott Fonn -Modified ( 11-17-06) Page I C 0 Order No.: 930014532-US0 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: Rancho Carlsbad Owners' Association 3. The land referred to in this report is situated in the State of California, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Prelimina1y Rep01t Fonn -Modified ( 11-17-06) Page2 . l C 0 Order No.: 930014532-US0 LEGAL DESCRIPTION PARCEL 3 OF PARCEL MAP 17985, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 4, 1998 AS INSTRUMENT NO. 1998-0055996, OF OFFICIAL RECORDS. APN: 168-050-35 END OF LEGAL DESCRIPTION CL TA Preliminaiy Report Fonn -Modified ( 11-17-06) Page 3 0 Order No.: 930014532-US0 SCHEDULEB At the date hereof, items to be considered and exceptions to coverage m addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. Property taxes, including any assessments collected with taxes, for the fiscal year 2009 -2010 that are a lien not yet due. 2. Taxes are not billable. 3. The lien of supplemental taxes, if any, assessed pursuant to the prov1s1ons of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: George W. Tarry and Edwina S. Tarry road September 10, 1957 in Book 6740, page 102 of Official Records Parcel 3 As shown on Parcel Map No. 1 7985 5. The right and privilege to spill water together with the right of ingress, egress as granted to Carlsbad Municipal Water District and described in deed recorded January 4, 1963 as Instrument No. 1851 and 1852 of Official Records. The exact location and extent of said easement is not disclosed of record 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress October 7, 1971 as Instrument No. 71-231011 of Official Records The exact location and extent of said easement is not disclosed of record 7. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: September 7, 1995 as Instrument No. 1995-0398034 of Official Records CLTA Prelimina1y Repmt Fonn -Modified ( 11-17-06) Page4 SCHEDULEB ( continued) Order No.: 930014532-US0 Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. 8. A document entitled "Agreement Concerning Proposed Property Exchange", dated, September 6, 1995, executed by Carlsbad Resident Association, Inc., a California nonprofit mutual benefit corporation, Carlsberg Rancho, Ltd., a California limited partnership, Brookvale Terrace Building Company, a California limited partnership, and Oak Shadows Building Company, a California limited partnership, and Banning T. Cantarini, Trustee of the Running and Carol Cantarini Trust dated August 13, 1982, as amended and Cline V. Cantarini and Dolores Cantarini, Co-trustees of the C.V. and D.P. Cantarini Revocable Trust, established March 3, 1988, subject to all the terms, provisions and conditions therein contained, recorded September 7, 1995 as Instrument No. 1995- 0398042 of Official Records. 9. Any rights, interests or claims which may exist or arise by reason of the following matters disclosed by an inspection or survey: Encroachments: 1. The Masonry screen wall along the Northwest boundary encroaches on the 60.00' private road easement recorded September 10, 1957 in Book 6740, page 102, of Official Records. The encroachments are shown on sheets 4 and 5 and varies from O' to 25'. 10. A document entitled "Agreement between Developer-owner and the City of Carlsbad for the Payment of a public facilities fee for inside the boundaries of Community Facilities District No. l", dated, April 23, 1996, executed by Carlsbad Residents Association and Abraham Keh and the City of Carlsbad, a municipal corporation, subject to all the terms, provisions and conditions therein contained, recorded July 12, 1996 as Instrument No. 1996-0351885 of Official Records. 11. A document entitled "Cable Television Bulk Billing Agreement and Grant of Easement", dated, January 1, 1998, executed by Daniels Cablevision, Inc., a Delaware corporation and Rancho Carlsbad Partners, a California general partnership, subject to all the terms, provisions and conditions therein contained, recorded December 12, 1997 as Instrument No. 1997-0631753 of Official Records. 12. Provisions, herein recited, of the dedication statement on the Map of: Parcel Map No. 17985 CLTA Preliminary Repmt Fonn -Modified ( 11-17-06) Page 5 C Provisions: SCHEDULEB ( continued) Order No.: 930014532-US0 All existing improvements within the park are private and are to be privately maintained by the homeowners association. the improvements and property located within the areas offered for dedication are to be maintained by the homeowners association until such offers are accepted by the city and the maintenance responsibilities are accepted by city council action. The owners of this property on behalf of itself and all of its successors in interest have agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any damages caused by the drainage system and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. The onsite drainage system shall be maintained in perpetuity by the underlying property owner unless accepted in writing by the city; and that all future use of the property within the 100-year flood plain will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 13. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.: Easement Purpose: Affects: Parcel Map No. 17985 The privilege and right to extend drainage structures, excavation and embankment slopes beyond the limits of college boulevard where required for the construction and maintenance of said drainage structures and slopes, reserving unto owner, its successors, or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by the city engineer of the City of Carlsbad. Parcel 3 14. A document entitled "Hold Harmless Agreement Drainage", dated, November 4, 1997, executed by Rancho Carlsbad Partners, a California general partnership and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded February 4. 1998 as Instrument No. 1998-0055997 of Official Records. 15. A document entitled "Covenant and Easement", dated, November 4, 1997, executed by Rancho Carlsbad Partners, a California general partnership and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded February 4, 1998 as Instrument No. 1998-0055999 of Official Records. 16. The effect of a condominium plan entitle "Rancho Carlsbad Country Club Estates", executed by Rancho Carlsbad Partners, a California general partnership on February 19. 1998 as Instrument No. 1998-0085694 of Official Records. CLTA Prelimina1y Rep011 Fonn · Modified ( 11-17-06) Page 6 0 SCHEDULEB ( continued) Order No.: 930014532-US0 17. The matters set forth in the document shown below which, among other things, contains or provides for: certain easements; liens and the subordination thereof; provisions relating to partition; restrictions on severability of component parts; and covenants, conditions and restrictions (but omitting any covenant or restrictions, if any, based upon on race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law). Recorded: June 7, 2005 as Instrument No. 2005-0478259 of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which are stated to be subordinate to the lien of a first mortgage or first Deed of Trust made in good faith and for value. 18. A document entitled "Amendment No. 2 to Partnership Agreement Rancho Carlsbad", dated, December 31, 1997, executed by the Carlsbad Resident Association, Inc., a California nonprofit mutual benefit corporation, Carlsbad Rancho, Ltd., a California limited partnership and Oak Shadows Building Company, a California limited partnership, subject to all the terms, provisions and conditions therein contained, recorded February 19, 1998 as Instrument No. 1998-086081 of Official Records. Said instrument contains provisions for easements and maintenance costs. 19. A document entitled "Contract to Secure Future Public Improvements", dated, October 10, 1997, executed by the City of Carlsbad and Rancho Carlsbad Partners, a California general partnership, subject to all the terms, provisions and conditions therein contained, recorded March 24, 1998 as Instrument No. 1998-0158219 of Official Records. CLTA Preliminary Report Fonn -Modified ( 11-17-06) Page 7 C SCHEDULEB ( continued) 0 Order No.: 930014532-US0 20. A document entitled "Grant of Easements", dated, May 7, 1997, executed by Rancho Carlsbad Partners, a California general partnership, as to the owner of "Fee Property" and Rancho Carlsbad Partners, a California general partnership, as owner of the "Leasehold Interests", subject to all the terms, provisions and conditions therein contained, recorded March 25, 1998 as Instrument No. 1998-0161580 of Official Records and re-recorded December 3, 1999 as Instrument No. 1999- 0790765 of Official Records. 21. A document entitled "Memorandum of Agreement", dated, May 7, 1997, executed by Rancho Carlsbad Partners, a California general partnership, as the owner of the "Leasehold Interest", and Rancho Carlsbad Partners, a general partnership, as the owner of the "Common Area Land", subject to all the terms, provisions and conditions therein contained, recorded March 25, 1998 as Instrument No. 1998-0161581 of Official Records. 22. An easement for the purpose shown below and rights incidental thereto, as set forth in a document Purpose: ingress, egress, support and recreational use, as granted/reserved by various instruments of record, one of which was recorded November 20, 1998 as Instrument No. 1998-0756568 of Official Records Affects: over Parcels 2, 3 and 4, in the City of Carlsbad, County of San Diego, State of California, according to parcel map thereof no. 17985, filed in the office of the county recorder of San Diego County, February 4, 1998, as described in enabling declaration recorded February 29, 1998 as File No. 1998-0085695, Official Records. The exact location and extent of said easement is not disclosed of record 23. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The City of Carlsbad and Carlsbad Municipal Water District Wastewater pipeline and recycled water line purposes February 17, 1999 as Instrument No. 1999-0095129 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 24. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The City of Carlsbad, and Carlsbad Municipal Water District wastewater pipeline and recycled water line purposes February 17, 1999 as Instrument No. 1999-0095130 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 25. The fact that said land is described as "Community Common Area" in the records of the San Diego County Tax Assessor. CLTA Prelimina1y Report Fonn-Modified(l l-17-06) Page 8 C 26. A claim of Mechanic's Lien Amount: Claimant: SCHEDULEB ( continued) $22,623.34 Escondido Asphalt Order No.: 930014532-US0 Recorded: March 18, 2009 as Instrument No. 2009-0136910 of Official Records Reference is hereby made to said document for full particulars. 27. Any other claims for Mechanic's Liens that may be recorded, by reason of a recent work of improvement that is disclosed by the Mechanic's Lien shown in the last above numbered item. 28. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. 29. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a full copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. END OF SCHEDULE B CL TA Preliminmy Report Fonn -Modified ( 11-17-06) Page 9 0 0 Order No.: 930014532-US0 INFORMATIONAL NOTES Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Note No. 3: This Company will require the following in order to insure title in, or a conveyance from, the entity named below. Name: Rancho Carlsbad Owners' Association (A) A copy of the By-Laws or Articles of Association (sometimes known as the "agreement" or "charter"). (B) A copy of a Resolution of the Association approving the present transaction and identifying the subject land. The resolution should also state that the transaction is necessary for the business purposes of the association and should name the parties who are authorized to execute documents for the association. GP CL TA Preliminary Report Fonn -Modified ( 11-17-06) Page 10 0 INFORMATIONAL NOTES ( continued) ATTACHMENT ONE PRIVACY STATEMENT IMPORTANT INFORMATION: Order No.: 930014532-US0 For those of you receiving this report by electronic delivery the Privacy Statement and Exclusions From Coverage are linked to this report. Please review this information by selecting the link. For those of you who are receiving a hard copy of this report, a copy of this information has been submitted for your review. CLTA Preliminary Rep011 Fonn -Modified (11-17-06) Page 11 c&lAGO TITLE INSURANCE COM~Y Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates or others; • From our Internet web sites; • From the public records maintained by government entities that we wither obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Multiple Products or Services: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We apologize for any inconvenience this may cause you. P1ivacy Statement ( I 0-21-03) C ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B. you are not insured against loss, costs, attorneys' fees. and expenses resulting from: 1. Governmental police power. and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. 4. 5. Title Risks: that are created, allowed, or agreed to by you 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 Title Risks Failure to pay value for your title. Lack of a right: to any land outside the area specifically described and reforred to in Item 3 of Schedule A OR in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. In addition to the Exclusions you are not insured against loss. costs, attorneys· fees. and the expenses resulting from: I. 2. Any right, interests, or claims of parties in possession of the land not shown by the public records. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. 4. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. 2. 3. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances. or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use. or enjoyment of the land: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection, or the effect of any violation of these laws. ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien. or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or notice of a defCct. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 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. Defects. liens. encumbrances. adverse claims or other matters: 4. 5. 6. (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or 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 claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage. or claim thereol'. 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. Any claim. which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE 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: I. 2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings. whether or not shown by the records of such agency or by the public records. Any facts. rights. interests. or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof Attachment One ( 11-17-06) 3. 4. 5. Page 13 Easements, liens or encumbrances, 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 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. 0 ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs, attorneys' fees or expenses which arise by reason of: I. 2. 3. (a) Any law. ordinance or governmental regulation (including 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 character, dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection, or the effect of any violation of these laws. ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or 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. 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. Detects. liens, encumbrances. adverse claims or other matters: (a) created. suffered. assumed or agreed to by the insured claimant: (b) not known to the Company. not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy (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 materia I or 4. 5. 6. 7. to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy): or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness. to comply with applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage. or claim thereat: 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. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services. labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and 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 Policy the insured has advanced or is obligated to advance. Any claim. which arises out of the transaction creating the interest of the mortgagee 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 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 or equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (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. The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE 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: I. 2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings. whether or not shown by the records of such agency or by the public records. Any facts. rights. interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3. 4. 5. Easements, liens or encumbrances, 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 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. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy. and the Company will not pay loss or damage. costs. attorneys' fees. or expenses that arise by reason of: I. (a) Any law. ordinance. pennit. or governmental regulation (including those relating to building and zoning) restricting. regulating. prohibiting. or relating to (i) the occupancy, use. or enjoyment of the Land: (ii) the character. dimensions. or location of any improvement erected on the Land: (iii) the subdivision of land: or (iv) environmental protection: or the etlect of any violation of these laws. ordinances. or governmental regulations. This Exclusion I (a) does not modity or limit the coverage provided under Covered Risk 5. Attachment One ( 11-17-06) 2. 3. Page 14 (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modity or limit the coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances. adverse claims. or other matters (a) created. suffered. assumed. or agreed to by the Insured Claimant: (b) not Known to the Company. not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy: (c) resulting in no loss or damage to the Insured Claimant: (d) attaching or created subsequent to Date of Policy (however. this does not modity or limit the coverage provided under Covered Risk I I. 13. or 14): or ATTACHMENT ONE (CONTINUED) 4. 5. (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 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. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. 7. Any claim. by reason of the operation of federal bankruptcy. state insolvency. or similar creditors' rights laws. that the transaction creating the lien of the Insured Mortgage. is (a) a fraudulent conveyance or fraudulent transfer. or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk I l(b). The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs. attorneys· fees or expenses) that arise by reason of: I. 2. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records: (b) Proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings. whether or not shown by the records of such agency or by the Public Records. Any facts. rights. interests. or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. 4. 5. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment. encumbrance, violation, variation. or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. (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. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs. attorneys' fees or expenses which arise by reason of: 1. (a) Any law. ordinance or governmental regulation (including 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 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 eftect of any violation of these laws, ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a detect. 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. 4. Detects, liens. encumbrances. adverse claims or other matters: (a) created. sutlered, assumed or agreed to by the insured claimant: (b) not known to the Company. not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy: 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. Any claim. which arises out of the transaction vesting in the insured the estate or interest insured by this policy. by reason of the operation of tederal 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 insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (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. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs. attorneys' tees or expenses) which arise by reason of I. 2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts. rights. interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. Attachment One ( 11-17-06) 3. 4. 5. Page 15 Easements. liens or encumbrances, 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 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. ATTACHMENT ONE (CONTINUED) 0 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of I. (a) Any law, ordinance, permit or governmental regulation (including those relating to building and zoning) restricting, regulating. prohibiting. or relating to 2. 3. (i) the occupancy, use, or enjoyment of the Land: (ii) the character. dimensions, or location of any improvement erected on the Land: (iii) the subdivision of land: or (iv) environmental protection: or the effect of any violation of these laws. ordinances, or governmental regulations. This Exclusion I (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Defects. liens, encumbrances. adverse claims, or other matters (a) created. suffered. assumed, or agreed to by the Insured Claimant: 4. 5. (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy: (c) resulting in no loss or damage to the Insured Claimant: (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and IO): or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy. state insolvency, or similar creditors' rights laws. that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer: or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys· fees or expenses) that arise by reason of: I. 2. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records: (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings. whether or not shown by the records of such agency or by the Public Records. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. 4. 5. Easements, liens or encumbrances, or claims thereof: not shown by the Public Records. Any encroachment. encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. (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. CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss. costs. attorneys' fees. and expenses resulting from: I. Governmental police power. and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on the Land e. Land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15. 16, 17 or 24. 2. 3. The failure of Your existing structures. or any part of them. to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. The right to take the Land by condemning it. unless: Attachment One ( 11-17-06) Page 16 4. 5. 6. a. a notice of exercising the right appears in the Public Records at the Policy Date: or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. Risks: a. that are created, allowed. or agreed to by You. whether or not they appear in the Public Records: b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date: c. that result in no loss to You: or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d. 22. 23, 24 or 25. Failure to pay value for Your Title. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A: and b. in streets. alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. ATTACHMENT ONE (CONTINUED) LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: Your Deductible Amount 1.00% of Policy Amount or $ 2,500.00 (whichever is less) Lll.Q¾ of Policy Amount or $5,000.00 (whichever is less) Lll.Q¾ of Policy Amount or $ 5,000.00 (whichever is less) Lll.Q¾ of Policy Amount or $ 2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $ 25 000.00 $5,000.00 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: I. 2. 3. (a) Any law, ordinance or governmental regulation (including 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 character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation m ownership or a change in the dimensions or areas 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 s 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (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 lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, I 3, 14, and 16 of this policy. 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. Defects, liens, encumbrances. adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; Attachment One (11-17-06) 4. 5. 6. 7. 8. 9. Page 17 (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 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, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, S(e) and 26. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made alter the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy. and all interest charged thereon, over liens, encumbrances and other matters affecting the title. the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. The failure of the residential structure, or any portion thereof to have been constructed before, on or alter Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. 0 ( continued) NOTICE You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must -prior to the close of the current transaction -inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company infonnation concerning a prior transaction, the Company rs required to determine if you qualify for a discount which is subject to other terms and conditions. Attachment One ( 11-17-06) Page 18 168-05 ~ CC'l"ENANT O~ EASEMENT ~ F'CR EMERGENCY INGRESS /..ND (GRESS R(COROED tt0Yt;tif8·\S fllt/PAGE NO. 9o-J;..Il1(j __ O.R. . . . . ·-... •'• ...... ~ .. . ...... : :qlt. W!;.:=.~ ·::.!i.:; ::;.:at u, b:·i:r· .. , ... ,.,·~ cur• ... ~r ,·iu G,. J:.':,!t:Y aJ:11m,:·. · · .,::!:1;y form,~ !'ls::1·0..:..:~i!l~ f,y 1u~un u.-.-: .. , ,_, \!i..,r,.•rm ... '• EXISTl~G [f.SF.·m~T ro~ W!.Trn D. C,\Nr-:C!l PER 0£EO R(CCRC 1952 IN CCC;( 4}85 Pf.Ct: ~37. RECORDS. EXISftNG EAS(!,!ENT rcR PH'f.LI, IAUNiCIP/.l ','/ATER oism:cT' REC 1957 !N !3COX 6!}2J PA~E 34>'3 RE:COROS. EXISTiN~ EAS(•,•ENT roR COUN COUNIY er S,\N. O!EGO R[CORO PER oocwrnr No. 9,654 or (EXCEPT i',HRE SHO'/,~ OTr.rn• (XISllNC EASE.II.ENT FOR RC/,0 CARLSS:·D n(COR0EO J~~UA~Y DOCUMEr,T t:o. 51 iO o~· cmc1 D:•srn-10 ~SE',lfJH TO SA.lot c:E CC'.'.P.41.rf ?.E:C:)RQ(D JULY 2'), 7!5-197~8': Cr ornct,\L RECO. 7P·JP, .. ;; a ' ' . 7 '-._ "~ ~COLlECE i30~LEVARi) P~auc RQ.~D~ r,0,.., r1, t:J ,~ '( £ASCII.ENT RECCROEOJ'~.l'l"M.AS -.., "' AS ti!..£/P/,GE N0.98--'-l,.!i.1&3-0.R. " . " '· r• r• -J 7~ '- 00 '-" (REMAINDER PARCEC°'., '-. This map with plotted easement(s) is provided as a courtesy. The location of the easement(s) Is beliewd to be approximately correct, but is not guaranteed. Chicago TIiie WIii not assume responsibility for ,ts accuracy. tf you want such a guarantee, you should obtain the services of a licensed surveyor or engineer. @. / 930014532-US0 Legend Road 1957 in Bk 6740 Pg 102 ors ~ ITEM 1 Wastewater Pipeline ~ 1999-95129and95130 CJ Emergency Ingress and Egress 1998-55999