HomeMy WebLinkAboutCDP 2020-0017; Sarem Residence; Coastal Development Permit (CDP)(city of
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
.,.,,,,. Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY} Legislative Permits (FOR DEPT. USE ONLY}
hZJ Coastal Development Permit
D Conditional Use Permit
D Minor toP-.2020· Q>f -D General Plan Amendment
D Minor D Extension
D Day Care (Large)
D Environmental Impact Assessment
D Habitat Management Permit D Minor
D Hillside Development Permit D Minor
D Nonconforming Construction Permit
D Planned Development Permit D Minor
D Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
D Site Development Plan D Minor
D Special Use Permit
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance D Minor
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
D Zone Change
□Amendment
□Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
D Review Permit
D Administrative D Minor D Major
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST
AT (760} 602-2723 TO SCHEDULE AN APPOINTMENT.
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
ASSESSOR PARCEL NO(S): 207-072-17-00 -----------------------------------
LO CAT 10 N OF PROJECT: 4005 Skyline Road, Carlsbad CA 92008
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
(STREET ADDRESS)
Sarem Residence
single family detached residential project
$1,675,500 ESTIMATED COMPLETION DATE June 30, 2021
Development No. DEY 2. 02.D .. 0110 Lead Case No. CoP 202..o-oot7
P-1 Page 1 of 6 Revised 03/17
OWNER NAME
INDIVIDUAL NAME
(if applicable):
COMPANY NAME
(if applicable):
(PLEASE PRINT)
Scott & Kyra Sarem
MAILING ADDRESS: 6684 Lemon Leaf Dr
c1TY, STATE, ZIP: Carlsbad, CA 92011
TELEPHONE: 760-533-2470
EMAIL ADDRESS: scott@everydayenergy.us
APPLICANT'S REPRESENTATIVE (Print): Scott & Kyra Sarem
APPLICANT NAME (PLEASE PRINT)
INDIVIDUAL NAME
(if applicable): Scott & Kyra Sarem
COMPANY NAME
(if applicable):
MAILING ADDRESS: 6684 Lemon Leaf Dr
CITY, STATE, ZIP: Carlsbad, CA 92011
TELEPHONE: 760-533-2470
EMAIL ADDRESS: scott@everydayenergy.us
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BE•~~IY KN LEDGE.
4/15/2020
DATE
----------------------------MA I LING ADDRESS: 6684 Lemon Leaf Dr
CITY, STATE, ZIP: Carlsbad, CA 92011
TELEPHONE: 760-533-2470
EMAIL ADDRESS: scott@everydayenergy.us
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORM TRUE D CORRECT TO THE BEST OF MY
KN
£.,,.~~-----:;4/15/2020
DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED O H TITL HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE .-.--!,,"'";, .. _IY"_ SUCCESSORS IN INTEREST.
FOR CITY USE ONLY
APR 1 5 2020
Planning Division
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
P-1 Page2of6 Revised 03/17
Ccityof
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. 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 Scott & Kyra Sarem Corp/Part. ___________ _
Title Owners Title --------------6684 Lemon Leaf Dr Carlsbad, CA 92011 Address _________ _ Address ------------
2. OWNER (Not the owner's agent)
P-1 (A)
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 (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 Scott & Kyra Sarem Corp/Part'-------------
Title Owners Title ·--------------
6684 Lemon Leaf Or. ca~sbad CA 92011
Address ----------Address -------------
Page 1 of 2 Revised 07 /1 O
C
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust__________ Non Profit/Trust ___________ _
Title ___________ _ Title _____________ _
Address ----------Address ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
□ Yes lvl No If yes, please indicate person(s): ___________ _
NOTE: Attach additional sheets if necessary.
bove information is true and correct to the best
Scott Sarem Scott Sarem
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1 (A) Page 2 of2 Revised 07 /1 O
Ccicyof
Carlsbad
PROJECT DESCRIPTION
P-1 (B)
Sarem Residence
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: ______________________ _
Scott Sarem APPLICANT NAME: ______________________ _
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation: This a proposed new construction of a single family detached
residential home in Carlsbad.
P-1 (B) Page 1 of 1 Revised 07 /1 O
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: _Y___._/_J~_/_2 .... tJ'-------(To be completed by City)
Application Number(s): CDo-' lo).o -ood> ')
General Information
Sarem Residence 1. Name of project: ________________________ _
Scott Sarem 2. Name of developer or project sponsor: _________________ _
4005 Skyline Road Address: ___________________________ _
Carlsbad, CA 92008 City, State, Zip Code: _______________________ _
760-533-24 70 Phone Number: _________________________ _
Scott Sarem 3. Name of person to be contacted concerning this project: ____________ _
6684 Lemon Leaf Dr Address: ___________________________ _
Carlsbad, CA 92011 City, State, Zip Code: _______________________ _
760-533-2470 Phone Number: _________________________ _
4.
4005 Skyline Road, Carlsbad, CA 92008 Address of Project: ________________________ _
207-072-17-00 Assessor's Parcel Number: _____________________ _
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:
Coastal Development Permit and a Building Permit
Residential 6. Existing General Plan Land Use Designation: _______________ _
R1 -15000 7. Existing zoning district: ______________________ _
Single Family Residential 8. Existing land use(s): _______________________ _
Single Family Residential 9. Proposed use of site (Project for which this form is filed): ____________ _
Project Description
25, 700 square feet 10. Site size: ___________________________ _
6,702 11. Proposed Building square footage: ___________________ _
2 12: Number of floors of construction: ___________________ _
6 spaces
13. Amount of off-street parking provided: __________________ _
n/a 14. Associated projects: _______________________ _
P-1 (D) Page 2of 4 Revised 07 /10
...-..,
-..-,I
15. If residential, include the number of units and schedule of unit sizes: _________ _
one single family home 6702 square feet, ADU 684 square feet
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: ____________________ _
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: ________ _
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clear1y why the application is required: ___________________ _
P-1(D) Page 3of4 Revised 07 /10
, .
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 substantial O 0
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or O 0
roads.
22. Change in pattern, scale or character of general area of project. D 0
23. Significant amounts of solid waste or litter. 0 0
24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or O 0
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. 0 0
27. Site on filled land or on slope of 1 O percent or more. D 0
28. Use of disposal of potentially hazardous materials, such as toxic substances, D 0
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, D 0
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D 0
31. Relationship to a larger project or series of projects. 0 0
Environmental Setting
Attach sheets that include a response to the following questions:
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 of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowled n ie .
Date: ((--le;/ ;;_oA)
For:
P-1(0) Page 4 of 4 Revised 07/10
Ccityof
Carlsbad
MINOR v
COASTAL DEVELOPMENT PERMIT/ Development Services
SINGLE FAMIL y RESIDENCE Planning Division
1635 Faraday Avenue
APPLICATION (760) 602-4610
P-6 www.carlsbadca.gov
A proposed project requiring application submittal must be submitted by appointment*.
Please contact the appointment specialist at (760) 602-2723 to schedule an appointment.
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared
at the same scale. (Use a scale no smaller than 1" = 40'.)
I. GENERAL BACKGROUND
A. Estimated Cost of Development:
Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit.
The City Planner shall make the final determination regarding a project's cost of development.
The primary basis for determining cost of development will be the application of dollar costs per
square foot for different types of residential construction. These costs are set by the
International Conference of Building Officials (ICBO) and are applied throughout San Diego
County.
Please complete the following information to assist in the determination of this project's cost of
development (Contractor proposals may also be submitted for consideration by the City
Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate.
⇒ New Residential Square Footage: 250 1,675,500 6,702 square feet x $ /sq. ft.=$
⇒ Residential Addition Square Footage:
square feet x $ /sq. ft. = $
⇒ Any Gara~e Square Footage: 250 224,000 89 square feet x $ /sq. ft.=$
⇒ Residential Conversion Square Footage:
square feet x $ /sq. ft.=$
⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non-
Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse
uses.)
______ square feet x $ _ __;/sq. ft. = $ __________ _
COST OF DEVELOPMENT ESTIMATE: $ __ 1_,8_9_9_,5_00 _______ _
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimate) D
2. A Coastal Development Permit ($60,000 or more cost estimate)~
C. Street address of proposed development
4005 Skyline Road, Carlsbad, CA 92008
P-6 Page 1 of 7 Revised 08/19
D. Assessor's Parcel Number of proposed development
207-072-17-00
E. Development Description:
Briefly describe project: single family detached residential project
F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices,
etc.) that surround the proposed development to the:
North: single family homes
South: single family homes -----------------------------
East: single family homes ---~-------------------------
West: ___ s_i-'n g ... l_e _f a_m__.i I y"--h_o_m_e_s ___________________ _
G. Is project located within a 100-year flood plain? OYes ~No
II. PRESENT USE OF PROPERTY
A. Are there existing structures on the property?
If yes, please describe.
single family home
[&]Yes D No
B. Will any existing structure be removed/demolished? [2g Yes D No
If yes to either question, describe the extent of the demolition or removal, including the relocation
site, if applicable (also show on plans).
demolition of existing single family home. Replace with new single family home
Ill. LOT COVERAGE
A. Existing and Proposed
Existing Pro(2osed Total
Building Coverage 1920 sq. ft. 4142 sq. ft. 2222 sq. ft. 16
Landscaped Area 4740 sq. ft. 6587 sq. ft. 1847 sq. ft. 26
Hardscape Area 4123 sq. ft. 12258 sq. ft. 8135 sq. ft. 48
4955 sq. ft. 580 sq. ft. 4375 sq. ft. 2 Unimproved Area (Left Natural)
P-6 Page 2 of 7 Revised 08/19
%
%
%
%
P-6
B. Parking: Number of existing spaces
Number of new spaces proposed _____ _
Existing/Proposed TOT AL:
Number of total spaces required ______ _
Number of covered spaces
Number of uncovered spaces _______ _
Number of standard spaces
Number of compact spaces
Is tandem parking existing?
Is tandem parking proposed?
Oves#_ONo
0Yes#_0No
C. Grade Alteration:
Is any grading proposed? Q9 Yes □No
If yes, please complete the following:
1. Amount of cut 506 ------------------
2. Amount of fill 1496 -------------------
cu. yds.
cu. yds.
3. Maximum height of fill slope ____________ _ n/a feet
4. Maximum height of cut slope ____________ _ n/a feet
990 5. Amount of import or export _____________ _ cu. yds.
TBD 6. Location of borrow or disposal site _______________ _
Page 3 of 7 Revised 08/19
•
City of Carlsbad Climate Action Pian Consistency Checklist
STEP 1: LAND USE CONSISTENCY
The first step in determining CAP consistency for discretionary development is to assess the project's consistency
with the growth projections used in the development of the CAP. This section allows the city to determine a
project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the
CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric
tons of CO2 equivalent (MTC02e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the
environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may
result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance
with the CAP ordinance requirements identified in Step 2 of this checklist.
Checklist Item
(Check the appropriate box and provide an explanation and supporting documentation for your answer)
A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations?
OR,
If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a
land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less
GHG-intensive project when compared to the existing designations?
Yes No
□
If "Yes'', proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and
proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the
Oimate Action Plan.
If "No", proceed to Question B.
B. The CAP established a screening threshold of900 MTCOie/year for new development projects to assist in determining
consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP
screening threshold. Will the proposed land use change result in the construction of less than any one of the following?
• Single-Family Housing: 50 dwelling units
• Multi-Family Housing: 70 dwelling units
• Office: 35,000 square feet
• Retail Store: 11,000 square feet
• Grocery Store: 6,300 square feet
• Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to
determine whether it is below the 900 MTC02e/year screening threshold.
If "Yes", proceed to Step 2 of the checklist.
□ □
If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions
reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the dimate Action Plan to demonstrate how it would offset
the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative
GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section
15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed
and complete a project-specific Self-developed GHG emissions reduction program and~ of the Checklist.
P-30 Page 2 of 7 Revised 02/20
City of Carlsbad Climate Action Pian Consistency Checklist
STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS
Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate
consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply
to development projects that require a building permit. All other development projects shall implement all
emissions-related mitigation measures from the General Plan Update EIR.
Project No./Name:
Property
Address/ APN :
Applicant Name/Co.:
Applicant Address:
Contact Phone:
Contact information of person completing this checklist (if different than above):
Name:
Company
name/address:
Contact Phone:
Contact Email :
Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If
your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for
assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov.
Estimated Building Permit Valuation (BPV): $ __________ _
□ Alterations:
□ BPV ~ $60,000 1A All residential alterations
□ BPV ~ $60,000 1A and 4A 1-2 family dwellings and townhouses with attached
□ Electrical service panel upgrade 4A garages only
Multi-family dwellings only where interior finishes are
□ BPV ~ $200,000 lA and 4A removed and significant site work and upgrades to
structural and mechanical, electrical, and/or plumbing
systems are proposed
l □fton~
□ New construction 1B, 2B, 3B, 4B and
5
□ Alterations:
P-30 Page 3 of 7 Revised 02/20
I
City of Carlsbad Climate Action Plan Consistency Checklist
□ BPV ~ $200,000 or additions ~ 18,5 1,000 square feet
□ BPV ~ $1,000,000 18, 28 and 5 Building alterations of~ 75% existing gross floor area
□ ~ 2,000 sq. ft. new roof addition 2B ands 1B also applies if BPV 2!: $200,000
Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information when completing this section.
A. D Residential addition or alteration~ $60,000 building permit valuation.
See Ord. CS-347, Section 8.
Year Built Single-family Requirements
D Before 1978 Select one:
D Duct sealing D Attic insulation □Cool roof
D 1978 and later Select one:
D Lighting package D Water heating package
D Between 1978 and 1990
D 1991 and later
B. D Nonresidential* new construction or alterations~ $200,000 building permit valuation,
or additions~ 1,000 square feet.
See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3.
A5.203.1.1.1
D Outdoor lighting: .90 Allowed Outdoor Lighting Power
A5.203.1.1.2
D Restaurant service water heating (comply with California Energy Code Section 140.5, as amended)
A5.203.l.2.1
Choose one as applicable: D .95 Energy budget D .90 Energy budget
A5.211.l. **
D On-site renewable energy
A5.211.3**
D Green power (if offered by local utility provider, 50% minimum renewable sources)
A5.212.l
D Elevators and escalators
A5.213.1
D Steel framing
P-30 Page 4 of 7
D N/A _________ _
D Exception: Home energy score~ 7
(attach certification)
Multi-family Requirements
D Attic insulation
Select one:
D Attic insulation D Duct Sealing D Cool roof
Select one:
D Lighting package D Water heating package
D N/A __________ _
D N/A
□ N/A
D N/A
D N/A
D N/A
D N/A
Revised 02/20
City of Carlsbad Climate Action Plan Consistency Checklist
□ N/A
* lndudes hotels/motels and high-rise residential buildings
** For alterations<= $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California
Energy Code section 120.10 instead.
2.
A. Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.l(c) 14 for
requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by
.3kWdc if PV offset option is selected.
Floor Plan ID {use additional
sheets if necessary)
CFA
kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.)
#d.u. Calculated kWdc*
Total System Size:
*Formula calculation where CFA = conditional floor area, #du = number of dwellings per plan type
If proposed system size is less than calculated size, please explain. 1) \ CA. (\ r'\. \ O (\
Exception
□
□
□
kWdc
8. D Nonresidential new construction or alterations <:$1,000,000 BPV and affecting <:75% existing floor area, or addition that increases roof area by <:2,000
square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section.
Choose one of the following methods:
0 Gross Floor Area (GFA) Method
GFA:
0 If< 10,000s.f. Enter: 5 kWdc
Min. System Size:
0 If<: 10,000s.f. calculate: 15 kWdc x (GFA/10,000) **
___ kWdc
**Round building size factor to nearest tenth, and round system size to nearest whole number.
□Time-Dependent Valuation Method
Annual TDV Energy use:*** x .80= Min. system size: kWdc ----
*** Attach calculation documentation using modeling software approved by the California Energy Commission.
P-30 Page 5 of 7 Revised 02/20
City of Carlsbad Climate Action 1an Consistency Checklist
L
A. esidential and hotel/motel new construction
Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section.
D For systems serving individual dwelling units choose one:
D Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential
only)/
~at pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise
residential hotel/motel) or 150.l(c) 14 (for low-rise residential)
D Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification
D Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors
D Exception:
D For systems serving multiple dwelling units, install a central water-heating system with all of the following:
D Gas or propane water heating system
D Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential)
D Solar water heating system that is either:
D .60 solar savings fraction or 40 s.f. solar collectors
D .40 solar savings fraction, plus drain water heat recovery
D Exception:
B. D Nonresidential new construction
Please refer to Carlsbad Ordinance CS-347 when completing this section.
D Water heating system derives at least 40% of its energy from one of the following (attach documentation):
□ Solar-thermal D Photovoltaics □ Recovered energy
□ Water heating system is (choose one):
D Heat pump water heater
D Electric resistance water heater(s)
D Solar water heating system with .40 solar savings fraction
□ Exception:
A. esidential New construction and major alterations*
Please refer to Carlsbad Ordinance CS-349 when completin this section.
One an5!):wo-family residential dwelling or townhouse with attached garage:
~ EVSE ready parking space required □ Exception :
□Multifamily residential· -D Exception ·
Total Parking Spaces EVSESpaces
Proposed Capable I Ready
I
Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number)
EVSE Installed= Total EVSE Spaces x .50 (rounded up to nearest whole number)
EVSE other= Total EVSE spaces -EVSE Installed
(EVSE other may be "Capable," "Ready" or "Installed.")
P-30 Page 6 of 7
I
I
Installed I Total
I
Revised 02/20
City of Carlsbad Climate Action Pran Consistency Checklist
*Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation;:: $60,000 or
include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit
valuation;:: $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems
are proposed.
B D Nonresidential new construction (includes hotels/motels) □ Exception ·
Total Parking Spaces EVSE Spaces
Proposed Capable Ready Installed Total
Calculation: Refer to the table below:
Total Number of Parking Spaces provided Number of reQuired EV Spaces Number of reQuired EVSE Installed Spaces
□ 0-9 1 1
□ 10-25 2 1
□ 26-50 4 2
□ 51-75 6 3
□ 76-100 9 5
□ 101-150 12 6
□ 151-200 17 9
□ 201 and over 10 percent of total 50 percent of Required EV Spaces
s. Onar.,•ldGf:0•_,
A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use.
B. Employee ADT /1,000 square feet is selected from the City of Carlsbad Employee ADTTable.
Use GFA Employee ADT/1,000 S.F. Total Employee ADT
Total
If total employee ADT is greater than or equal to 110 employee ADT, a TDM plan is required.
*NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic
to vehicle LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development
Engineering (LOE) staff to determine whether this policy applies to your project.
TOM plan required: Yes □ No □
LOE Staff Verification: □ _____ (staff initials)
P-30 Page 7 of 7 Revised 02/20
C ~ .....,,
CLTA Preliminary Report Form
(Rev. 11/06)
Order Number: DIV-6066955
Page Number: 1
' .. ~ " . . ' , .... .. First American 1itle
~ .-y-.
Karen Patti
Socal Escrow
2963 Carlsbad Boulevard
Carlsbad, CA 92008
Phone:
Fax:
Customer Reference:
Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Owner:
Property:
First American Title Company
7676 Hazard Center Drive, Ste 1100
San Diego, CA 92108
California Department of Insurance License No. 151
1576-KP
DIV-6066955 (09)
Bonnie Stark
(619)231-4631
(866)497-8905
tit1eunit9@firstam.com
Sarem Family Trust
Daley-Wieland Family Trust
4005 Skyline Road
Carlsbad, CA 92008
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to
issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or
interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an Exception below or not exduded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exdusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in
Exhibit A attached. The policy to be issued may contain an arbitration dause. When the Amount of Insurance is less than that set
forth in the arbitration clause, all arl:Jitrable 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 AL TA Homeowner's Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in
Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of
this report carefully. The exceptions and exdusions 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.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of
title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
First American Title
Page 1 of 14
Dated as of October 04, 2019 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
Order Number: DIV-6066955
Page Number: 2
ALTA/CLTA Homeowner's (EAGLE) Policy of Title Insurance (2013) and ALTA Ext Loan Policy 1056.06
(06-17-06) if the land described is an improved residential lot or condominium unit on which there is
located a one-to-four family residence; or ALTA Standard Owner's Policy 2006 (WRE 06-17-06) and the
ALTA Loan Policy 2006 (06-17-06) if the land described is an unimproved residential lot or condominium
unit
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Keith R. Wieland and Maureen Daley-Wieland, Trustees of The Daley-Wieland Family Trust,
Declaration of Trust Dated December 23, 1986, Restated On May 30, 1989, and as Amended, Subject
to Exception No. 7
The estate or interest in the land hereinafter described or referred to covered by this Report is:
FEE
The Land referred to herein Is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2019-2020. ·
First Installment: $5,663.82, OPEN
Penalty: $0.00
Second Installment: $5,663.82, OPEN
Penalty: $0.00
Tax Rate Area: 09000
A. P. No.: 207-072-17-00
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the California Revenue and Taxation Code.
3. An easement for TELEPHONE AN/OR ELECTRIC POLES AND LINES, AND FOR SEWER, WATER
AND/OR GAS MAINS ANO PIPE LINES and incidental purposes in the document recorded OCTOBER
13, 1944 as BOOK 1762, PAGE 126 of Official Records.
The location of the easement cannot be determined from record information.
First American Title
Page 2 of 14
C
Order Number: DIV-6066955
Page Number: 3
4. Covenants, conditions, restrictions and easements in the document recorded FEBRUARY 06, 1950
as BOOK. J48?,J:>A§~J§.5 of Official Records, which provide that a violation thereof shall not defeat
or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but
deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination
based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national
origin, genetic information, gender, gender identity, gender expression, source of income (as defined
in California Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or
restrictions violation 42 U.S.C. § 3604(c) or California Government Code§ 12955. 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.
5. Covenants, conditions, restrictions and easements in the document recorded APRIL 18, 1950
as BOQK 3,586, PAG~ 35~ of Official Records, which provide that a violation thereof shall not defeat
or render invalid the lien of any first mortgage or deed of trust made In good faith and for value, but
deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination
based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national
origin, genetic information, gender, gender identity, gender expression, source of income (as defined
in California Government Code§ 1295S(p)) or ancestry, to the extent such covenants, conditions or
restrictions violation 42 U.S.C. § 3604(c) or California Government Code§ 12955. 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.
6. The terms and provisions contained in the document entitled "POSTNUPTIAL AGREEMENT"
recorded DECEMBER 03, 1087 as INSTRUMENT NO. 87-668068 OF OFFICIAL RECORDS.
7. The effect of a document entitled "QUITCLAIM DEED", recorded MAY 01, 2006 as INSTRUMENT NO.
06-303159 OF OFACIAL RECORDS.
THE REQUIREMENT THE DOCUMENT IS RE-RECORDED TO INCLUDE A COMPLETE AND CORRECT
LEGAL DESCRIPTION
8. Water rights, claims or title to water, whether or not shown by the public records.
9. WE FIND NO OPEN DEED OF TRUST. THE COMPANY WILL REQUIRE SATISFACTORY
PROOF, PRIOR TO INSURING THE CONTEMPLATED TRANSACTION, THAT THE SUBJECT
PROPERTY IS FREE FROM ANY ENCUMBRANCES. PLEASE PROVIDE THE FOLLOWING:
A. AN AFFIDAVIT, EXECUTED BY ALL THE SELLERS/BORROWERS STATING THAT THE
PROPERTY IS FREE AND CLEAR, AND NOTARIZED IN FRONT OF A FIRST AMERICAN
APPROVED NOTARY;
B. THE OWNER STATEMENT FROM THE ESCROW INSTRUCTIONS; AND
C. A WRITTEN STATEMENT FROM ESCROW CONFIRMING WHO THE PROCEEDS WILL BE
DISBURSED TO.
10. This transaction has been identified as having an unknown or Non-Institutional Lender. The company
will require additional documents prior to close. Any and all documents required to close this
transaction must be signed before a First American approved notary.
11. This transaction may be subject to a Geographic Targeting Order ("GTO") issued pursuant to the
Bank Secrecy Act. Information necessary to comply with the GTO must be provided prior to the
Arst American ntte
Page 3 of 14
C
Order Number: DIV-6066955
Page Number: 4
closing. This transaction will not be insured until this information is submitted, reviewed and found to
be complete.
Prior to the issuance of any policy of title insurance, the Company will require:
12. With respect to the trust referred to in the vesting:
a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to
the Company.
b. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
c. other requirements which the Company may impose following its review of the material required
herein and other information which the Company may require.
First American Title
Page 4 of 14
INFORMATIONAL NOTES
Order Number: DIV-ti066955
Page Number: 5
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact
which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if
applicable, 115 and 116.2 attached.
When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single
Family Residence known as 4005 SKYLINE ROAD, CARLSBAD, CA.
2. According to the public records, there has been no conveyance of the land within a period of twenty-
four months prior to the date of this report, except as follows:
None
NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal
Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the Public
Records on or after February 8, 2011, encumbers the Title except as follows: None
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage Is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
First American Title
Pages of 14
LEGAL DESCRIPTION
Order Number: DIV-6066955
Page Number: 6
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
ALL OF LOT 24 AND THE SOlITHERLY 7.74 FEET OF LOT 25 OF CARLSBAD HIGHLANDS, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2647,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1950, THE SAID
7.74 FEET BEING MEASURE ALONG THE EASTERLY LINE OF SAID LOT AND THE NORTHERLY LINE OF
SAID 7.74 FEET BEING PARALLEL WITH THE SOlITHERLY LINE OF SAID LOT.
EXCEPTING FROM SAID LOT 24, THE SOUTHERLY 100.66 FEET THEREOF, THE NORTHERLY LINE OF
SAID SOUTHERLY 100.66 FEET BEING PARALLEL WITH AND DISTANT 100.66 NORTHERLY MEASURED
AT RIGHT ANGLES FROM THE SOlITHERL Y LINE OF SAID LOT 24.
APN: 207-072-17-00
First American Title
Page 6 of 14
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NOTICE
Order Number: DIV-6066955
Page Number: 8
Section 12413.1 of the califomia Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-
escrow capacity, wait a specified number of days after depositing funds, before recording any documents in
connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer
to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be
disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more,
please use wire transfer, cashier's checks, or certified checks whenever possible.
First American Title
Page 8 of 14
EXHIBIT A
Order Number: DIV-6066955
Page Number: 9
UST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POUCY TYPE)
CLTA STANDARD COVERAGE POLICY -1990
EXUUSIONS 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 or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice
of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
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.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability
or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the
land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by
the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in 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.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by
the records of such agency or by the public, records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the public records at Date of Policy.
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02·13)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
Rrst American Title
Page 9 of 14
~ ~
Order Number: DIV-6066955
Page Number: 10
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exdusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exdusion
does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exdusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
UMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
Your Deductible Amoynt
1 % of Policy Amount Shown in Schedule A or $2,500
(whichever is less)
1% of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1% of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $2,500
(whichever is less)
2006 ALTA LOAN POUCY (06-17-06)
EXCLUSIONS FROM COVERAGE
Qur Maxunum Dollar Limit of Liabitity
$10,000
$25,000
$25,000
$5,000
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting,
or relating to
(i) the occupancy, use, or enjoyment of the Land;
(II) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l{a) does not modify or limit the coverage
provided under Covered Risk 5.
{b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B.
3. Defects, liens, encumbrances, adverse daims, or other matters
{a) created, suffered, assumed, or agreed to by the Insured aaimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Polley, but Known to the Insured Caimant and not disclosed in
writing to the Company by the Insured aaimant prior to the date the Insured Claimant became an Insured under this policy;
First Ameriean ntle
Page 10 of 14
(c) resulting in no loss or damage to the Insured Oaimant;
Order Number: DIV-6066955
Page Number: 11
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Oaimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business
laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the
lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any 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 Exdusion does not modify or limit the coverage provided under
Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
[Except as provided in Schedule B -Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs,
attorneys' fees or expenses, that arise by reason of:
[PARTI
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3, Easements, liens or encumbrances, or daims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or
title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss
or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:)
2006 ALTA OWNER'S POUCY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (induding 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 Exdusion l(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Oaimant;
(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;
First American Title
Page 11 of 14
(c) resulting in no loss or damage to the Insured Claimant;
Order Number: DIV-6066955
Page Number: 12
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or
10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Oaimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the
Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching 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, attomeys' fees or expenses, that arise by reason of:
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of sud,
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or
title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.]
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting,
or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d),
14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse daims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Oaimant;
(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 Oaimant prior to the date the Insured Oaimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
( e) resulting in loss or damage that would not have been sustained if the Insured Oaimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business
laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit
the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
first American Title
Page 12 of 14
Order Number: DIV-6066955
Page Number: 13
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or a~ents imposed by governmental authority and created or attaching subsequent to Date of
Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 1 l{b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the
lien of the Insured Mortgage, is
{a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
1 o. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
First American Title
Page 13 of 14
:.~ .,.,, I First American 1itle
Privacy Information
We Are Committed tu ~uanling Custurner Information
,........,_ _.,,
Order Number: DIV-6066955
Page Number: 14
In order to belter 5eM! your needs ,_ and in the Mure. we may a5k yau to prowle us With certaltl tnfotmation. We understand that you may be concerned about what we WII do with such
in(Offlllllon • ia,tio.arly any personal Ot lll\lnCIII lnfamlallon. We agree that yau have it right to know "-we will utifize the personal information you provide to us. Therercre, together with our
subslclaries we have adopted this Privacy Pallty to l)CMITI the 1111! and handling d your personal lnfomatlon.
Applicability
Thi$ Privacy Pallty governs our use of the illfonnatlan lllat VOii provide to us. It does not govern the manner in which we may use information we have obtained from any ather source, such iK
information alltalned from a public recofd a, (,am another person or entity. Fi~ American has also adopted broader guidelines that govern our use of personal Information reganlless or its SOU/Ce.
Ftrst Amertcan oh thesl! guidelines 11s Fair lnfarmallOn values.
Types of Information
Depending upgn which of our sen,icm you are utilizing, the types of nonpublic personal information that we fflll' collect include:
• lnfOrmatian we recdwt from you on applications, forms and ln other communlcations to us, whether in writing, in person, by telephone or any other means;
• Information about l'IJUf transacllans with us, our affillitted companies, or others; and
• Information we rean,e from a consumer reporting agency.
Use ot Information
We request lntannation from yau re, OUt own legitimate business purposes and not for the benefit cl any nonaffiiated party. Therefare, we wil not release your information to nonafflliated pa,tles
ercecit: (l) as necessary fa, us to f1l'CNlde the prClduct er setVice you haw requested of us; o, (2) iK ~ bv law. We may.'-• stllre such intarmation lncleftnill!ly, lnduding the period
after which an, customer rC!latlanshlp has ceased. Such intonnallan may be used for any lrarnal pu,pme. such iK quality c:onlnJI efforts o, CllllOmer aNly!is. We may illso provide all cl the types of
nonpublic personal informalion bled atx,,,e to one er -d our afllllated companies. Suell allllilled camp,r,ieS include ftnanclll service provtders, such as We insures, p,ope,ty and cMUllly
inSurffl, and IN5t and IIWl!stnlert advlsDry ~ or Cllll1)al1ll!s IIWOlved In real e5lale seNlces, such as appralSil companies, hcffle -,a,,ty Cllffll1lfflf$ "1d escn:,w aimpllllil5. ~.
we may also prow1e Ill the Information we Cllkct, as descrad above, to cumpanieS that perform marketing serw:es on our bellall, on behalf ol au, alllllaled ~ o, to oct,er fwnciill
lnStlb.tions with wt-, weorcuatlWlted COfflPlllleS haft joint matlcellnO ~
Fo..,_ Customers
Even if you are no longer our customer, our Privacy Policy wll continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure lhat no unaulhorizt!d J)lltles law access to any of your llllormatiOn. We -ac.cess to nonpublic penonal infonnatlon about you to those lndMdulls and
enooes who need to know that ll1formatfon to ~ praduds or 1ffllces lo you. We wtl use our best efforts to trm and CNetSl!e our emp1avees and agents to ensure lhat your intOffllltion will be
handled N!!jlOIISibly and In aa:onllJnce with this PriYKy Palley and First American's Fair lrlormallan Values. We amenlly maintain physjcal, electronk:, 111d p,ocedural rafeguards thill comply with
federal ~to gua,dyour nonpubbc personal inforrn;iUan.
Information Obtained Through Our Web Site
first American Financial Corporation is sensitive to priWt'f iSM!S on the Internet. we believe it Is Important you kl1ow how we treat the inrom1ltlon about you we recelw on the lntl!m«.
In general, you can visit First American or Its affillales' Web sites on lhe World Wide Web without tellng us whO you are o, rwealing any lnfonnation about rainelf, Our Web seM!B collect the
damatn names, not the e-mail addn!s$e$, ol Visitors. This information Is aggregated to measure the number of 'risits. -. time spe,,t on the site, pages 'llewal ill1d Similar information. First
AmeriCan uses lhis infOtmltion to muwre the use d our Site and to dellelop idss to Improve the content cl our site.
There are limes, howewr, when we may need lnformlltion rrom you, sud! as your name and l!fflilil addn!ss. Whet Information Is needed, we wil use our best efforts to let you know at the time of
collection how we will use the personal Information. USually, the perDIII Information we collect Is used only II)' us to respond to your Inquiry, process an order or allow you to access specific
account/pro/lie inrormatlon. Ir you ~ to share any pencnal Information Wllh us, we will only U"Se 4 in acmn!aince with the policies culined a~.
Business Relationships
First American Financial Co,Jloration's stte and It's afllfiates' Sites may contain Hnks to other Web sites. WhRe we try to link only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the privacy pracUces employed by other sites.
Cookies
Same or First Amerlan's Web sites may make use cl "coolae" l«hnology to measure site activity end to customize information to your personal titstes. A coolae is an element of data that a Web site
Citn send to your browser, which may then store the cookie on your hard drM!. Flr$1Am.com uses stottd coalcies. The goat cl this technology Is to better sen,e you when vlsillng our SIie, save you time when you are hen! and to Pl'O'lffle you With a more meaningful and
productive Web site exoe,iente.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Publlc: R-.1 We bejjeve that an open publjc record aeates §ignificant value for society, enhances comumer choice and creates consumer opportunity. We activelV support an open publfc record
and empt,awe Its Importance 111d CO'ltnbutlon lo our eaJIICJl'nV.
Use We believe we should bl!have fl!Sl)OIISlblV wta, we use information about a conwmer in our business. We will obey the laws governing the collection, use and dissemonatlan of ditla.
Accuracy We wlU talci! reasonable steps to help assure the accu,acy of the data we collect, U5e and disseminate. Where possible, we will 1alce reasonable steps to correct inaccurate information.
When, as With the public record, we cannot correct tnacturate information, we will take all reasonatlle ~ to 11ssist consumers in identifying the source ol lhe erroneous data so that the consumer
can secure the required correcUons. Education We endeavor to educate the ll5C!J'$ cl our praduds and senrices, our~ ill1d ochers in our lndustJy about the impOrt.1nce ol consumer privacy. We wnl instruct our employees on
our far information values and on the responSlble coledlon and use cl data. Wt! will encourage others In our industry to collect and use lnfOrmalion in a responsible manner.
Security We wilt maintain appropriate facilltles and systems to p,otect :agalnit unauthorill!CI access to and corruption of the data we maintain.
Form SO-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)
First American Title
Page 14 of 14
Homeowner's Policy of Title Insurance
First American Title For a One-To-Four Family Residence
ISSUED BY
First American Title Insurance Company
Eagle Policy POLICY NUMBER
5026100-6066955
OWNER'S INFORMATION SHEET
Your Trtle Insurance Policy is a legal contract between You and Us.
It applies only to a one-to-four family residence and only if each insured named in Schedule A is a Natural Person. If
the Land described in Schedule A of the Policy is not an improved residential lot on which there is located a one-to-four
family residence, or if each insured named in Schedule A is not a Natural Person, contact Us immediately.
The Policy insures You against actual loss resulting from certain Covered Risks. These Covered Risks are listed
beginning on page 2 of the Policy. The Policy is limited by:
• Provisions of Schedule A
• Exceptions in Schedule B
• Our Duty To Defend Against Legal Actions On Page 3
• Exclusions on page 4
• Conditions on pages 4, 5 and 6.
You should keep the Policy even if You transfer Your Title to the Land. It may protect against claims made against You
by someone else after You transfer Your Title.
IF YOU WANT TO MAKE A CLAIM, SEE SECTION 3 UNDER CONDmONS ON PAGE 4.
The premium for this Policy is paid once. No additional premium is owed for the Policy.
This sheet is not Your insurance Policy. It is only a brief outline of some of the important Policy features. The Policy
explains in detail Your rights and obligations and Our rights and obligations. Since the Policy -and not this sheet -is
the legal document,
YOU SHOULD READ THE POUCY VERY CAREFULLY.
If You have any questions about Your Policy, contact:
First American Trtle Insurance Company
1 First American Way
Santa Ana, C81ifornia 92707
Homeowner's Policy of Title Insurance for a One-to-Four Family Residence
TABLE OF CONTENTS
OWNER'S COVERAGE STATEMENT
COVERED RISKS
OUR DUlY TO DEFEND AGAINST LEGAL ACTIONS
SCHEDULE A
Policy Number, Date and Amount
Deductible Amounts and Maximum Dollar Limits of Liability
Street Address of the Land
1. Name of Insured
2. Interest in Land Covered
3. Description of the Land
SCHEDULE B -EXCEPTIONS
EXCLUSIONS
~
2
2 &3
3
Insert
Insert
4
CONDITIONS
1. Definitions
2. Continuation of Coverage
3. How to Make a Oaim
4. Our Choices When We Learn of a Oaim
5. Handling a Oaim or Legal Action
6. Limitation of Our Liability
7. Transfer of Your Rights to Us
8. This Policy is the Entire Contract
9. Increased Policy Amount
10. Severability
11. Arbitration
12. Choice of Law
~
4
4
4&5
5
5
5&6
6
6
6
6
6
6
orm 5026100 (7-1-14) age 1 of 10 AL TA Homeowner's Policy of Title Insurance (Rev. 12-2-13
Homeowner's Policy of Title Insurance
First American Title For a One-To-Four Family Residence
ISSUED BY
First American ntle Insurance Company
POLICY NUMBER Eagle Policy 5026100-6066955
As soon as You Know of anything that might be covered by this Policy, You must notify Us promptly in
writing at the address shown in Section 3 of the Conditions.
OWNER'S COVERAGE STATEMENT
This Policy insures You against actual loss, induding any costs, attorneys' fees and expenses provided under this Policy. The loss must
result from one or more of the Covered Risks set forth below. This Polley covers only Land that is an improved residential lot on which there
is located a one-to-four family residence and only when each insured named in Schedule A is a Natural Person.
Your insurance is effective on the Policy Date. This Policy covers Your actual loss from any risk described under Covered Risks if the event
creating the risk exists on the Policy Date or, to the extent expressly stated in Covered Risks, after the Policy Date.
Your insurance is limited by all of the following:
• The Policy Amount
• For O>vered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A
• The Exceptions in Schedule B • Our Duty To Defend Against Legal Actions
• The Exclusions on page 4
• The O>nditions on pages 4, 5 and 6
COVERED RISKS
The O>vered Risks are:
1. Someone else owns an interest in Your Title.
2. Someone else has rights affecting Your Title because of leases, contracts, or options.
3. Someone else daims to have rights affecting Your Title because offorgery or impersonation.
4. Someone else has an Easement on the Land.
5. Someone else has a right to limit Your use of the Land.
6. Your Title is defective. Some of these defects are:
a. Someone else's failure to have authorized a transfer or conveyance of your Title.
b. Someone else's failure to create a valid document by electronic means.
c. A document upon which Your Title is based is invalid because it was not properly signed, sealed, acknowledged, delivered or
recorded.
d. A document upon which Your Title is based was signed using a falsified, expired, or otherwise invalid power of attorney.
e. A document upon which Your Title is based was not properly filed, recorded, or indexed in the Public Records.
f. A defective judicial or administrative proceeding.
7. Any of Covered Risks 1 through 6 occurring after the Policy Date.
8. Someone else has a lien on Your Title, induding a:
a. lien of real estate taxes or assessments imposed on Your Title by a governmental authority that are due or payable, but unpaid;
b. Mortgage;
c. judgment, state or federal tax lien;
d. charge by a homeowner's or condominium association; or
e. lien, occurring before or after the Policy Date, for labor and material furnished before the Policy Date.
9. Someone else has an encumbrance on Your Title.
10. Someone else dairns to have rights affecting Your Title because of fraud, duress, incompetency or incapacity.
11. You do not have actual vehicular and pedestrian access to and from the Land, based upon a legal right.
12. You are forced to correct or remove an existing violation of any covenant, condition or restriction affecting the Land, even if the
covenant, condition or restriction is excepted in Schedule B. However, You are not covered for any violation that relates to:
a. any obligation to perform maintenance or repair on the Land; or
b. environmental protection of any kind, induding hazardous or toxic conditions or substances
unless there is a notice recorded in the Public Records, describing any part of the Land, daiming a violation exists. Our liability for this
Covered Risk is limited to the extent of the violation stated in that notice.
13. Your Title is lost or taken because of a violation of any covenant, condition or restriction, which occurred before You acquired Your
Title, even if the covenant, condition or restriction is excepted in Schedule B.
orm 5026100 (7-1-14) age 2 of 10 AL TA Homeowner's Polley of Tltle Insurance (Rev. 12-2-13
COVERED RISKS (Continued)
14. The violation or enforcement of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; or
f. environmental protection,
if there is a notice recorded in the Public Records, desrnbing any part of the Land, daiming a violation exists or declaring the intention
to enforce the law or regulation. Our liability for this Covered Risk is limited to the extent of the violation or enforcement stated in that
notice.
15. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 14 if there is a notice
recorded in the Public Records, describing any part of the Land, of the enforcement action or intention to bring an enforcement action.
Our liability for this Covered Risk is limited to the extent of the enforcement action stated in that notice.
16. Because of an existing violation of a subdivision law or regulation affecting the Land:
a. You are unable to obtain a building permit;
b. You are required to correct or remove the violation; or
c. someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan
on it.
The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability
shown in Schedule A.
17. You lose Your Title to any part of the Land because of the right to take the Land by condemning it, if:
a. there is a notice of the exercise of the right recorded in the Public Records and the notice describes any part of the Land; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
18. You are forced to remove or remedy Your existing structures, or any part of them -other than boundary walls or fences -because any
portion was built without obtaining a building permit from the proper government office. The amount of Your insurance for this
Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
19. You are forced to remove or remedy Your existing structures, or any part of them, because they violate an existing zoning law or
zoning regulation. If You are required to remedy any portion of Your existing structures, the amount of Your insurance for this Covered
Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
20. You cannot use the Land because use as a single-family residence violates an existing zoning law or zoning regulation.
21. You are forced to remove Your existing structures because they encroach onto Your neighbor's land. If the encroaching structures are
boundary walls or fences, the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum
Dollar Limit of Liability shown in Schedule A.
22. Someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it
because Your neighbor's existing structures encroach onto the Land.
23. You are forced to remove Your existing structures which encroach onto an Easement or over a building set-back line, even if the
Easement or building set-back line is excepted in Schedule B.
24. Your existing structures are damaged because of the exercise of a right to maintain or use any Easement affecting the Land, even if the
Easement is excepted in Schedule B.
25. Your existing improvements (or a replacement or modification made to them after the Policy Date), induding lawns, shrubbery or trees,
are damaged because of the future exercise of a right to use the surface of the Land for the extraction or development of minerals,
water or any other substance, even if those rights are excepted or reserved from the description of the Land or excepted in Schedule B.
26. Someone else tries to enforce a discriminatory covenant, condition or restriction that they daim affects Your Title which is based upon
race, color, religion, sex, handicap, familial status, or national origin.
27. A taxing authority assesses supplemental real estate taxes not previously assessed against the Land for any period before the Policy
Date because of construction or a change of ownership or use that occurred before the Policy Date.
28. Your neighbor builds any structures after the Policy Date --other than boundary walls or fences --which encroach onto the Land.
29. Your Title is unmarketable, which allows someone else to refuse to perform a contract to purchase the Land, lease it or make a
Mortgage loan on it.
30. Someone else owns an interest in Your Title because a court order invalidates a prior transfer of the title under federal bankruptcy,
state insolvency, or similar creditors' rights laws.
31. The residence with the address shown in Schedule A is not located on the Land at the Policy Date.
32. The map, if any, attached to this Policy does not show the correct location of the Land according to the Public Records.
OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS
We will defend Your Title in any legal action only as to that part of the action which is based on a Covered Risk and which is not excepted or
exduded from coverage in this Policy. We will pay the costs, attorneys' fees, and expenses We incur in that defense.
We will not pay for any part of the legal action which is not based on a Covered Risk or which is excepted or exduded from coverage in this
Policy.
We can end Our duty to defend Your Title under section 4 of the Conditions.
This policy is not complete without schedules A and B.
5026100 (7-1-14) age 3 of 10 Al TA Homeowner's Policy of Title Insurance (Rev. 12-2-13
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exdusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This
Exdusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exdusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Trt:le.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exdusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy,
state insolvency, or similar creditors' rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
CONDITIONS
1. DEFINMONS
a. Easement -the right of someone else to use the Land
for a special purpose.
b. Estate P!annjng Entity -a legal entity or Trust
established by a Natural Person for estate planning.
c. .KoQYfil -things about which You have actual
knowledge. The words "Know'' and "Knowing" have
the same meaning as Known.
d. J.i!lli! -the land or condominium unit described in
paragraph 3 of Schedule A and any improvements on
the Land which are real property.
e. Mortgage -a mortgage, deed of trust, trust deed or
other security instrument.
f. Natural Person -a human being, not a commercial or
legal organization or entity. Natural Person indudes a
trustee of a Trust even if the trustee is not a human
being.
g. Policy Date -the date and time shown in Schedule A.
If the insured named in Schedule A first acquires the
interest shown in Schedule A by an instrument
recorded in the Public Records later than the date and
time shown in Schedule A, the Policy Date is the date
and time the instrument is recorded.
h. PybHc Records -records that give constructive notice
of matters affecting Your Title, according to the state
statutes where the Land is located.
i. Iitie. -the ownership of Your interest in the Land, as
shown in Schedule A.
j. To.ls!; -a living trust established by a Natural Person
for estate planning.
k. We/Our/Us -First American Title Insurance Company.
I. You/Your -the insured named in Schedule A and also
those identified in Section 2.b. of these Conditions.
2. CONTINUATION OF COVERAGE
a. This Policy insures You forever, even after You no
longer have Your Title. You cannot assign this Policy
to anyone else.
b. This Policy also insures:
(1) anyone who inherits Your Title because of Your
death;
5026100 (7-1-14) age 4 of 10
(2) Your spouse who receives Your Title because of
dissolution of Your marriage;
(3) the trustee or successor trustee of Your Trust or
any Estate Planning Entity created for You to whom
or to which You transfer Your Title after the Policy
Date;
( 4) the beneficiaries of Your Trust upon Your death; or
(5) anyone who receives Your Title by a transfer
effective on Your death as authorized by law.
c. We may assert against the insureds identified in Section
2.b. any rights and defenses that We have against any
previous insured under this Policy.
3. HOW TO MAKE A CLAIM
a. Prompt Notice Of Your Qaim
(1) As soon as You Know of anything that might be
covered by this Policy, You must notify Us promptly
in writing.
(2) Send Your notice to First American Title
Insurance Company, Attn: Claims National
Intake Center, 1 First American Way, Santa
Ana, califomia 92707. Phone: 888-632-
1642. Please indude the Policy number shown in
Schedule A, and the county and state where the
Land is located. Please enclose a copy of Your
policy, if available.
(3) If You do not give Us prompt notice, Your coverage
will be reduced or ended, but only to the extent
Your failure affects Our ability to resolve the daim
or defend You.
b. Proof Of Your Loss
(1) We may require You to give Us a written statement
signed by You describing Your loss which includes:
(a) the basis of Your daim;
(b) the Covered Risks which resulted in Your loss;
(c) the dollar amount of Your loss; and
(d) the method You used to compute the amount
of Your loss.
ALTA Homeowner's Policy of Title Insurance (Rev. 12-2-13
CONDmONS (Continued)
(2) We may require You to make available to Us
records, dlecks, letters, contracts, insurance
policies and other papers which relate to Your
daim. We may make copies of these papers.
(3) We may require You to answer questions about
Your claim under oath.
( 4) If you fail or refuse to give Us a statement of
loss, answer Our questions under oath, or make
available to Us the papers We request, Your
coverage will be reduced or ended, but only to
the extent Your failure or refusal affects Our
ability to resolve the claim or defend You.
4. OUR CHOICES WHEN WE LEARN OF A CLAIM
a. After We receive Your notice, or otherwise learn, of a
claim that is covered by this Policy, Our dloices
include one or more of the following:
(1) Pay the claim;
(2) Negotiate a settlement;
(3) Bring or defend a legal action related to the
claim;
(4) Pay You the amount required by this Policy;
(5) End the coverage of this Policy for the claim by
paying You Your actual loss resulting from the
Covered Risk, and those costs, attorneys' fees
and expenses inrurred up to that time whidl We
are obligated to pay;
(6) End the coverage described in Covered Risk 16,
18, 19 or 21 by paying You the amount of Your
insurance then in force for the partirular Covered
Risk, and those costs, attorneys' fees and
expenses incurred up to that time whidl We are
obligated to pay;
(7) End all coverage cl this Policy by paying You the
Policy Amount then in force, and those costs,
attorneys' fees and expenses incurred up to that
time whidl We are obligated to pay;
(8) Take other appropriate action.
b. When We dloose the options in Sections 4.a. (5), (6)
or (7), all Our obligations for the claim end, including
Our obligation to defend, or continue to defend, any
legal action.
c. Even if We do not think that the Policy covers the
claim, We may dloose one or more of the options
above. By doing so, We do not give up any rights.
5. HANDUNG A CLAIM OR LEGAL ACTION
a. You must cooperate with Us in handling any claim or
legal action and give Us all relevant information.
b. If You fail or refuse to cooperate with Us, Your
coverage will be reduced or ended, but only to the
extent Your failure or refusal affects Our ability to
resolve the claim or defend You.
c. We are required to repay You only for those
settlement costs, attorneys' fees and expenses that
We approve in advance.
d. We have the right to dloose the attorney when We
bring or defend a legal action on Your behalf. We can
appeal any decision to the highest level. We do not
have to pay Your claim until the legal action is finally
decided.
e. Whether or not We agree there is coverage, We can
bring or defend a legal action, or take other
appropriate action under this Policy. By doing so, We
do not give up any rights.
rm 5026100 (7·1·14) age 5 of 10
6. UMITATION OF OUR LIABILITY
a. After subtracting Your Deductible Amount if it applies,
We will pay no more than the least of:
(1) Your actual loss;
(2) Our Maximum Dollar Limit of Liability then in force
for the particular Covered Risk, for claims covered
only under Covered Risk 16, 18, 19 or 21; or
(3) the Policy Amount then in force.
and any costs, attorneys' fees and expenses that We are
obligated to pay under this Policy.
b. If We pursue Our rights under Sections 4.a.(3) and 5.e.
of these Conditions and are unsuccessful in establishing
the Title, as insured:
(1) the Policy Amount then in force will be increased by
10% of the Policy Amount shown in Schedule A,
and
(2) You shall have the right to have the actual loss
determined on either the date the claim was made
by You or the date it is settled and paid.
c. (1) If We remove the cause of the claim with
reasonable diligence after receiving notice of it, all
Our obligations for the claim end, including any
obligation for loss You had while We were
removing the cause cl the claim.
(2) Regardless of 6.c.(1) above, if You cannot use the
Land because of a claim covered by this Policy:
(a) You may rent a reasonably equivalent
substitute residence and We will repay You for
the actual rent You pay, until the earlier of:
(i) the cause of the claim is removed; or
(ii) We pay You the amount required by this
Policy. If Your claim is covered only
under Covered Risk 16, 18, 19 or 21, that
payment is the amount of Your insurance
then in force for the particular Covered
Risk.
(b) We will pay reasonable costs You pay to
relocate any personal property You have the
right to remove from the Land, including
transportation of that personal property for up
to twenty-five (25) miles from the Land, and
repair of any damage to that personal property
because of the relocation. The amount We will
pay You under this paragraph is limited to the
value of the personal property before You
relocate it.
d. All payments We make under this Policy reduce the
Policy Amount then in force, except for costs, attorneys'
fees and expenses. All payments We make for claims
which are covered only under Covered Risk 16, 18, 19 or
21 also reduce Our Maximum Dollar Limit of Liability for
the particular Covered Risk, except for costs, attorneys'
fees and expenses.
e. If We issue, or have issued, a Policy to the owner of a
Mortgage that is on Your Title and We have not given
You any coverage against the Mortgage, then:
(1) We have the right to pay any amount due You
under this Policy to the owner of the Mortgage, and
any amount paid shall be treated as a payment to
You under this Policy, including under Section 4.a.
of these Conditions;
(2) Any amount paid to the owner of the Mortgage
shall be subtracted from the Policy Amount then in
force; and
AL TA Homeowner's Policy of 11tle Insurance (Rev. 12-2-13
CONDmONS (Continued)
(3) If Your daim is covered only under Covered Risk
16, 18, 19 or 21, any amount paid to the owner
of the Mortgage shall also be subtracted from Our
Maximum Dollar Limit of Liability for the partirular
Covered Risk.
f. If You do anything to affect any right of recovery You
may have against someone else, We can subtract from
Our liability the amount by whidl You reduced the
value of that right
7. TRANSFER OF YOUR RIGHTS TO US
a. When We settle Your daim, We have all the rights and
remedies You have against any person or property
related to the daim. You must not do anything to
affect these rights and remedies. When We ask, You
must execute dOOJments to evidence the transfer to
Us of these rights and remedies. You must let Us use
Your name in enforcing these rights and remedies.
b. We will not be liable to You if We do not pursue these
rights and remedies or if We do not recover any
amount that might be recoverable.
c. We will pay any money We collect from enforcing
these rights and remedies in the following order:
(1) to Us for the costs, attorneys' fees and expenses
We paid to enforce these rights and remedies;
(2) to You for Your loss that You have not already
collected;
(3) to Us for any money We paid out under this Policy
on account of Your daim; and
(4) to You whatever is left:.
d. If You have rights and remedies under contracts (such
as indemnities, guaranties, bonds or other policies of
insurance) to recover all or part of Your loss, then We
have all of those rights and remedies, even if those
contracts provide that those obligated have all of Your
rights and remedies under this Policy.
8. THIS POUCY IS THE ENTIRE CONTRACT
This Policy, with any endorsements, is the entire contract
between You and Us. To determine the meaning of any part
of this Policy, You must read the entire Policy and any
endorsements. Any changes to this Policy must be agreed to
in writing by Us. Any daim You make against Us must be
made under this Policy and is subject to its terms.
9. INCREASED POUCY AMOUNT
The Policy Amount then in force will increase by ten percent
(10%) of the Policy Amount shown in Schedule A each year
for the first five years following the Policy Date shown in
Schedule A, up to one hundred fifty percent ( 150%) of the
Policy Amount shown in Schedule A. The increase each year
will happen on the anniversary of the Policy Date shown in
Schedule A.
10. SEVERABILITY
If any part of this Policy is held to be legally unenforceable,
both You and We can still enforce the rest of this Policy.
11. ARBITRATION
a. If permitted in the state where the Land is located, You
or We may demand arbitration.
b. The law used in the arbitration is the law of the state
where the Land is located.
c. The arbitration shall be under the Title Insurance
Arbitration Rules of the American Land ntte Association
("Rules"). You can get a copy of the Rules from Us.
d. Except as provided in the Rules, You cannot join or
consolidate Your daim or controversy with daims or
controversies of other persons.
e. The arbitration shall be binding on both You and Us.
The arbitration shall decide any matter in dispute
between You and Us.
f. The arbitration award may be entered as a judgment in
the proper court.
12. CHOICE OF LAW
The law of the state where the Land is located shall apply to
this policy.
In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its
authorized officers as of Date of Policy shown in Schedule A.
First American Tille Insurance Company
g/-//1~
Dennis J G1lmore-
Presl(!ent
~rJ-~
Jeffrey S Robinson
Secretary
(This Policy is valid only when Schedules A and B are attached) This Jacket was created electronically and constitutes an original document
Copyright 2006-2013 American Land Tltle Association. All rights reserved. The use of this form is restricted to AL TA licensees and AL TA
members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
5026100 (7-1-14) age 6 of 10 AL TA Homeowner's Polley rl Title Insurance (Rev. 12-2-13
Homeowner's Policy of Title Insurance
Rrst American Title For a One-To-Four Family Residence
ISSUED BY
First American Title Insurance Company
Eagle Schedule A POLICY NUMBER
6066955
SCHEDULE A
Name and Address of Title Insurance Company:
FIRST AMERICAN 11TLE INSURANCE COMPANY, 1 First American Way, Santa
Ana, california 92707
Ale No.: DIV-6066955 Premium: $3,293.00
Policy Amount: $1,700,000.00 Policy Date (and lime): November 05, 2019 at 03:40
P.M.
Deductible Amounts and Maximum Dollar Limits of Liability for Covered Risk 16, 18, 19 and 21:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
Your Deductible Amount
1 % of Policy Amount Shown in Schedule A
or
$2,500
(whichever is less)
1 % of Policy Amount Shown in Schedule A
or
$5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A
or
$5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A
or
$2,500
(whichever is less)
Street Address of the Land: 4005 Skyline Road, carlsbad, CA 92008
1. Name of Insured:
Our Maximum Dollar Limit of Liability
$10,000
$25,000
$25,000
$5,000
Scott Alexander Sarem and Kyra Bush Sarem, Trustees or their Successor Trustee under the Sarem
Family Trust dated 7/17/2008
2. Your interest in the Land covered by this Policy is:
FEE
3. The Land referred to in this Policy is described as:
Real property in the City of carlsbad, County of San Diego, State of california, described as follows:
ALL OF LOT 24 AND THE SOUTHERLY 7.74 FEET OF LOT 25 OF CARLSBAD HIGHLANDS, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
5026100 (7-1-14) age 7 of 10 AL TA Homeowner's Policy of Title Insurance {Rev. U-2-13
THEREOF NO. 2647, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
APRIL 18, 1950, THE SAID 7.74 FEET BEING MEASURE ALONG THE EASTERLY LINE OF SAID LOT
AND THE NORTHERLY LINE OF SAID 7.74 FEET BEING PARALLEL WITH THE SOUTHERLY LINE OF
SAID LOT.
EXCEPTING FROM SAID LOT 24, THE SOUTHERLY 100.66 FEET THEREOF, THE NORTHERLY LINE OF
SAID SOUTHERLY 100.66 FEET BEING PARALLEL WITH AND DISTANT 100.66 NORTHERLY
MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID LOT 24.
APN: 207-072-17-00
5026100 (7-1-14) ALTA Homeowner's Polley of Title Insurance (Rev. 12-2·13
Homeowner's Policy of Title Insurance
First American Title For a One-To-Four Family Residence
ISSUED BY
First American Title Insurance Company
Eagle Schedule B POUCY NUMBER
6066955
File No.: DIV-6066955
EXCEPTIONS
In addition to the Exclusions, You are not insured against loss, costs, attorneys' fees, and expenses
resulting from:
1. General and special taxes and assessments for the fiscal year 2019-2020.
First Installment: $5,663.82, PAID
Penalty:
Second Installment:
Penalty:
Tax Rate Area:
A. P. No.:
$0.00
$5,663.82, OPEN
$0.00
09000
207-072-17-00
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the california Revenue and Taxation Code.
3. An easement for TELEPHONE AN/OR ELECTRIC POLES AND LINES, AND FOR SEWER, WATER
AND/OR GAS MAINS AND PIPE LINES and incidental purposes in the document recorded OCTOBER
13, 1944 as BOOK 1762, PAGE 126 of Official Records.
The location of the easement cannot be determined from record information.
4. Covenants, conditions, restrictions and easements in the document recorded FEBRUARY 06, 1950
as BOOK 3485, PAGE 165 of Official Records, which provide that a violation thereof shall not defeat
or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but
deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination
based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national
origin, genetic information, gender, gender identity, gender expression, source of income (as defined
in california Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or
restrictions violation 42 U.S.C. § 3604(c) or california Government Code§ 12955. 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.
orm 5026100 (7-1-14) age 9 of 10 AL TA Homeov.mer's Polity of Title Insurance (Rev. 12-2-13
. .
5. Covenants, conditions, restrictions and easements in the document recorded APRIL 18, 1950
as BOOK 3586, PAGE 359 of Official Records, which provide that a violation thereof shall not defeat
or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but
deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination
based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national
origin, genetic information, gender, gender identity, gender expression, source of income (as defined
in california Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or
restrictions violation 42 U.S.C. § 3604(c) or california Government Code§ 12955. 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.
6. Water rights, claims or title to water, whether or not shown by the public records.
7. A deed of trust to secure an indebtedness in the original principal amount of
$1,021,300.00 recorded November 05, 2019 as Document No.2019-0508084 of Official Records.
Dated: November 01, 2019
Trustor: Scott Alexander Sarem and Kyra Bush Sarem, Trustees or their Successor Trustee
under the Sarem Family Trust dated 7/17/2008
Trustee: First American Title Company
Beneficiary: Mortgage Electronic Registration Systems, Inc., solely as nominee for LendUS, LLC.,
a Limited Liability Company
orm 5026100 (7-1-14) age 10 rA 10 AL TA Homeowner's Polley rA Tftfe Insuranre (Rev. 12-2-13