HomeMy WebLinkAboutSDP 96-14I; LEGOLAND EMPLOYEE PARKING STRUCTURE; Site Development Plan (SDP)Ccityar
Carlsbad
C
APPLICATIONS APPLIED FOR: (CHECK BOXES)
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
163S Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Devetoement Penn/ts (FOR DEPT USE ONL VJ Leqllllat/ve Permits (FOR DEPT USE ONLY)
{i] Coastal Development Permit (•) 0 Minor
□ Conditional Use Permit ('•)
OMinor D Extension
□ Day Care (Large)
□ Environmental Impact Assessment
□ Habitat Management Permit 0 Minor
□ HIiiside Development Permit(*) D Minor
□ Nonconforming Construction Permit
□ Planned Development Permit D Minor
D Residential 0 Non-Residential
□ Plannlng Commission Determination
D Reasonable Accommodation
Iii Site Development Plan 0 Minor
□ Special Use Permit
□ Tentative Parcel Map (Minor Subdivision)
□ Tentative Tract Map (Major Subdivision)
0 Variance OMinor
D General Plan Amendment
0 Local Coastal Program Amendment(*)
0 Master Plan O Amendment
0 Specific Plan O Amendment
0 Zone Change (*)
0 Zone Code Amendment
South Carlsbad coastal Review Area Permits
D Review Permit
0 Administrative O Minor O Major
VIiiage Review Area Permfts
1---.-1'"7'1-:--:-n __ }J Review Permit
D Administrative D Minor D Major
(•) = eligible for 25% discount
B
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMIT!l:D PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P .M.
ASSESSOR PARCEL N0(S).: 211-100-09 & 11 ---------------------------------PROJECT NAME: LEGOLAND CA Parking Structure
BRIEF DESCRIPTION OF PROJECT: Amend LEGOLAND SOP and CDP to add employee part<ing structure within e)(isting parking lot
BRIEF LEGAL DESCRIPTION: Lois 18•19 of Ctr of cartsbad Tract No 94.09 Carlsbad Ranch units 2 and 3 in the Cdy of Carlsbad.county or San Diego. state or ca.iom1a
LOCATION OF PROJECT: 1 Legoland Drive ---------------s""'TR=E=er=-A,..,o'""o""R""'E""'s--s _____________ _
ON THE: North SIDE OF Palomar Airport Road __ (_N_O __ R=TH-.-S-O_U_T_H_, EAS--T-. W_E_s_n __ (NAME OF STREET)
BETWEEN Legoland Drive AND The Crossings Drive
(NAME OF STREET) (NAME OF STREET)
P-1 Page1of6 Fl '305 00 I Revised 07/15
OWNER NAME
(Print):
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Merlin Entertainments Group US Holdings Inc.
MAILING ADDRESS: 1 Legoland Drive -------------CITY, STATE, ZtP: Carlsbad, CA 92008
TELEPHONE: 760-918-5322 -------------EM A IL ADDRESS: peter.ronchetti@legoland.com
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INF IS TRUE ANO CORRECT TO THE BEST OF MY
KN L OWNER THAT THE APPLICANT A
SE HORIZEO REPR
PU
APPLICANT NAME (Print): Merlin entertainments Group us Holdings Inc
MAILING ADDRESS: 1 Legoland Drive _ __,,;;;.._. _________ _
CITY, STATE, ZIP: Carlsbad, CA 92008
TELEPHONE: 760-918-5322 -------------EMAIL ADDRESS: peter.ronchetti@legoland.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
T ST OF MY KNOWLE GE.
APPLICANT'S REPRESENTATIVE (Print): Hofman Planning & Engineering _____ _,;;., _ __,,;; __ ...,;;... _______________ _
MAILING ADDRESS: 3156 Lionshead Ave, Suite 1
CITY, STATE, ZIP: Carlsbad, CA 92010
TELEPHONE: 760-692-4011
EMAIL ADDRESS: emunoz@hofmanplanning.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KN0\1\/l~ (V1
SIGNATURE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, Pl.ANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. tM'E CONSENT TO ENTRY FOR THIS PURPOSE,
S RJCTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
HE-Ti'll:!~~~i CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
ND ANY S~REST.
FOR CITY USE ONLY
P·1 Page2 of 6
~EIVED
1,AR 10 2016
j TY OF CARLSBAD
DATi~ ~~ijA','tisN~£CEIVED
Revised 07/15
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C Cicyof
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, finn, co-partnership, Joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city munfclpality, district or other polltlcal subdivision or any other group or combination acting as a unit.•
Agents may sign this document; however, the legal name and entity of the appHcant 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 (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 __________ _ Corp/Part Merlin Entertainments Group US Holdings Inc.
Title ___________ _ Title. _____________ _
Address _________ _ Address 1 Legoland Drive, Carlsbad, CA 92008
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of 8bb 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 partnershiQ, 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. __________ _ Corp/Part Merlin Entertainments Group US Holdings Inc.
Title __________ _ Title. _____________ _
Address _________ _ Address 1 Legoland Drive, Carlsbad, CA 92008
Page 1 of2 Revised07110
..
3.
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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 Profitrrrust~---------
Title___________ Title ____________ _
Address. _________ _ Address ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes ~ If yes, please indicate person(s):. __________ _
NOTE: Attach additional sheets if necessary.
Print or type name of owner
Signature of applicant/date
(J J ~ rC~'x{D
Print or type name of applicant
Signature of owner/applicant'
Print or type name of owner/applicant's agent
P-1(A) Page 2of2 Revised 07/10
Ccityor
Carlsbad
PROJECT DESCRIPTION
P-1(8)
PROJECT NAME: LEGOLAND CA Parking Structure
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICANT NAME: Merlin Entertainments Group US Holdings Inc
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:
The LEOGLAND CA Parking Structure will be located on the east edge of the property,
south of an existing maintenance yard and southeast of the existing LEGOLAND Hotel.
The structure will be for LEGOLAND employees with a total floor area of 205,803 SF over
three floors. There will be 618 spaces and 31 bicycle parking spaces within the parking
structure, and 59 parking spaces on a surface lot surrounding the structure. The total
number of proposed parking spaces is 677.
P-1(B) Page 1 of 1 Revised 07 /10
Ccicyof
Carlsbad
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HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
II] The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application .!!! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Merlin Entertainments Group US Holdings Inc.
Address: 1 Legoland Drive
Carlsbad, CA 92008
Phone Number: 760-918-5322
PROPERTY OWNER
N Merlin Entertainments Group US Holdings Inc. ame: _________ _
Address: 1 Legoland Drive
Carlsbad, CA 92008
Phone Number: 760-918-5322
Address of Site: 1 Legoland Drive, Carlsbad, CA 92008
Local Agency (City and county): City of Carlsbad, County of San Diego
Assessor's book, page, and parcel number:_2_1_1_-_1_0_0_-_0_9_&_1_1 __________ _
Specify list(s): ___________________________ _
Regulatory Identification Number: _____________________ _
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of 2 Rellised 02/13
• • C
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ___________ (To be completed by City)
Application Number(s): _______________________ _
General lnfonnation
1.
2.
3.
Name of project: LEGOLAND CA Parking Structure
Name of developer or project sponsor: Merlin Entertainments Group US Holdings Inc
Address: 1 Legoland Drive
City, State, Zip Code: Carlsbad, CA 92008
Phone Number: 760-918-5460
Eric Munoz, Hofman Planning & Engineering Name of person to be contacted concerning this project: ___________ _
Address: 3156 Lionshead Ave, Suite 1
City, State, Zip Code: Carlsbad, CA 92010
Phone Number: 760-692-4011
4. Address of Project: _1_Le_g_o_la_n_d_D_r_iv_e ______________ _
5.
6.
7.
8.
9.
Assessor's Parcel Number: 211-1 00-09 ---------------------
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:
Existing General Plan Land Use Designation: _V_C _____________ _
Existing zoning district: _C_-_T_-_a __________________ _
Existing land use(s): LEGOLAND Theme Park and parking lot
Proposed use of site (Project for which this form is filed): Proposed parking structure
to be located on a portion of the existing LEGOLAND parking lot
Project Description
10. Site size: 128.32 acres
11.
12:
Proposed Building square footage: _2_0_5_,_8_0_3_s_f _____________ _
Number of floors of construction: _3 __________________ _
13. Amount of off-street parking provided: _6_7_7 _______________ _
14. Associated projects: _L_E_G_O_L_A_N_D _________________ _
P-1(O) Page 2 of 4 Revised 07/10
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15. If residential, include the number of units and schedule of unit sizes: NA ----------
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: ___________________ _
LEGOLAND Theme Park is a tourist-serving commercial use
versus a typical commercial use with retail sales area, etc.
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _N_A ____ _
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: _______ _
NA
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: __________________ _
NA
P-1(0) Page 3 of 4 Revised 07/10
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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 □ 0
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or □ 0
roads.
22. Change in pattern, scale or character of general area of project. □ 0
23. Significant amounts of solid waste or litter. □ 0
24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. □ 0
27. Site on filled land or on slope of 10 percent or more. □ 0
28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0
31. Relationship to a larger project or series of projects. 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 knowledge and belief.
Date: 3-1 0-16 Signature: __ L ___ ·-__ M ___ ~----~___.. ____ _
0 For:
P-1(O) Page 4 of 4 Revised 07/10
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LEGOLAND CA PARKING STRUCTURE -EIA FORM
#31
The proposed parking structure seeks to amend the LEGOLAND Site
Development Plan and Coastal Development Permit (SDP 96-14/CDP 96-14) to
add an employee parking structure, southeast of the existing Hotel 1. The
parking structure will provide parking for LEGOLAND employees. The project is
located within the Carlsbad Ranch Specific Plan.
#32
The property is composed of an existing parking lot which is serving the
LEGOLAND Hotel and Theme Park. Currently, no structures are located on within
the proposed parking structure site. The site is occupied by an asphaltic surfaced
parking lot that is accessed via a private driveway which transects The Crossings
Drive. Vegetation at the site consists of typical lawns, shrubs and trees. The site
is nearly level with elevations gently sloping from the north to south, ranging
from approximately 142 to 134 feet above mean sea level. The geotechnical
conditions of the site are described in the Geotechnical Update Report (included
in the application submittal) dated November 24, 2015 and was prepared by
Leighton and Associates.
Site photos are attached to this EIA.
#33
The proposed parking structure is located within the existing LEGOLAND Theme
Park. Uses surrounding the project site are the existing LEGOLAND maintenance
yard to the north, a surface parking lot to the south and west, and The Crossings
Drive to the east.
LEGOLAND CA PARKING STRUCTURE
Site Photos
Page 1 of 5
LEGOLAND CA PARKING STRUCTURE
Site Photos
IMAGE #1
Page 2 of 5
LEGOLAND CA PARKING STRUCTURE
Site Photos
IMAGE #2
Page 3 of 5
LEGOLAND CA PARKING STRUCTURE
Site Photos
IMAGE #3
Page 4 of 5
LEGOLAND CA PARKING STRUCTURE
Site Photos
IMAGE #4
Page 5 of 5
I""' ,""""' --------------------------..... -------------
C_cicyof
Carlsbad
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (I.e., clarification
regarding a specific requ nt or whether all requirements are necessary for your particular
application} please call ) 6 2-4610.
~----i,-,.--t--H,...~
Applicant Signature:
Staff Signature:
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
Ccicyof
Carlsbad
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WELO WORKSHEETS
LANDSCAPE MANUAL
APPENDIX E
P-25(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
WATER EFFICIENT LANDSCAPE WORKSHEET
This worksheet is filled out by the project applicant and it is a required element of the
Landscape Documentation Package.
HYDROZONE INFORMATION TABLE
Please complete the hydrozone table(s) for each hydrozone. Use as many tables as necessary
to provide the square footage of landscape area per hydrozone.
Controller Hydrozone* Zone
# or
Valve
A LOW 1
A LOW 2
Total
* Hydrozone
VLW -Very Low Water Use Plants
LW -Low Water Use Plants
MW -Moderate Water Use Plants
HW -High Water Use Plants
P-25(C)
Irrigation Plant
Method-Type/Factor***
Rotary Spray
Rotary Spray
**Irrigation Method
MS = Micro-spray
S = Spray
R = Rotor
B= Bubbler
D= Drip
0 = Other
Page 1 of 4
{PF)
0.3
0.3
Hydrozone % of Total
Area (Sq. Ft.) Landscaped
Area
11,804 58%
8,345 42%
20,149 100%
***Plant Factor from WUCOLS Ill or
list as water feature as appropriate
Revised 04/12
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MAXIMUM APPLIED WATER ALLOWANCE
A landscape project subject to the Water Efficient Landscape Ordinance shall include the
MAWA for the plans, including the calculations used to determine the MAWA. A landscape
project shall not exceed the MAWA. The MAWA for a landscape project shall be determined by
the following equation:
0.45
MAWA = (ETo)(0.62)[(&.T-x LA) + (0.3 x SLA)]
The abbreviations used in the equation have the following meanings:
MAWA Maximum Applied Water Allowance in gallons per year.
ETo Evapotranspiration in inches per year.
0.62 Conversion factor to gallons per square foot.
0. 7 ET adjustment factor (ET AF) for plant factors and irrigation efficiency.
LA Landscaped area includes special landscaped area in square feet.
0.3 The additional ET adjustment factor for a special landscaped area (1.0 -0.7 =
0.3)
SLA Special landscaped area in square feet.
Show Calculation:
Note: The more recent and restrictive State issued ET AF value of 0.45 is used to
calculate this site.
MAWA = (ETo)(0.62) [(0.45 x LA)] (no special landscape area SLA on this project)
= (39.68) (0.62) [(0.45 X 20, 149)]
= (24.6016) (9,067.05)
MAWA = 223,063.94 Gallons per year or 298.21 Hundred Cubic Feet per year
*For reference purposes, the MAWA for year 2015 ETAF value of 0.70 is as follows:
MAWA = (ETo)(0.62) [(0.70 x LA)] (no special landscape area SLA on this project)
= (39.68) (0.62) [(0. 70 X 20, 149)]
= (24.6016) (14,104.3)
MAWA = 346,988.35 Gallons per year or 463.89 Hundred Cubic Feet per year
MAXIMUM APPLIED WATER ALLOWANCE= ___ 2_23_,_,_06_3_.9_4 ___ GALLONS PER
YEAR
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ESTIMATED TOTAL WATER USE
A landscape project subject to the Water Efficient Landscape Ordinance shall include the ETWU
for the plans, including the calculations used to determine the ETWU. The ETWU for a
proposed project shall not exceed the MAWA. The following equation shall be used to calculate
the ETWU for each landscaped area and the entire project:
ETWU = (ETo)(0.62{ PFI~HA + SLA)
The abbreviations used in the equation have the following meanings:
ETWU
ETo
0.62
PF
HA
IE
SLA
Estimated total water use in gallons per year.
Evapotranspiration in inches per year.
Conversion factor to gallons per square foot.
Plant factor from WUCOLS Ill
Hydrozone Area in square feet. Each HA shall be classified based upon the
data included in the landscape and irrigation plan as high, moderate, low, or
very low water use.
Irrigation Efficiency of the irrigation method used in the hydrozone.
Special landscaped area in square feet.
Note: The more recent State issued value for high efficiency rotary spray at 0.71 was used
to calculate this site.
Zone 1 Estimated Total Water Use:
ETWU = (ETo)(0.62) [(PF x HA/ IE)] (no special landscape area SLA on this project)
= (39.68) (0.62) [(0.30 X 11,804 / 0.71 )]
= (24.6016) (4,987.61)
ETWU = 122,702.08 Gallons per year or 164.04 Hundred Cubic Feet per year for Zone 1
Zone 2 Estimated Total Water Use:
ETWU = (ETo)(0.62) [(PF x HA/ IE)] (no special landscape area SLA on this project)
= (39.68) (0.62) [(0.30 X 8,345 / 0.71 )]
= (24.6016) (3526.06)
ETWU = 86,746.63 Gallons per year or 115. 97 Hundred Cubic Feet per year for Zone 2
Grand Total Estimated Total Water Use for project area:
ETWU = 209,448.71 Gallons per year or 280.01 Hundred Cubic Feet per year
Hydrozone Table for Calculating ETWU
Please complete the hydrozone table(s). Use as many tables as necessary.
CITY OF CARLSBAD ESTIMATED TOTAL WATER USE ETWU
Evapotranspiration Rate
ETo *
Conversion Factor
(Step 1 x Step 2)
Plant Factor (PF)**
(From WUCOLS) (VLW
-HW 0.1 -0.8
Area of Hydrozone (sq.
ft. HA
(Step 4 x Step 5)
Irrigation Efficiency
IE***
(Step 6 + Step 7)
(Total All Step 8 + Total
SLA sq. ft. in Step 5)
(Step 3 x Step 9)
Estimated Total Water
Use in gallons per year
(ETWU) -Total shall not
exceed MAWA
ETo*
West of 1-5 = 40. 0
Process
Step No.
Below
1
2
3
4
5
6
7
8
9
10
Hydrozone Number (1 -5 with SLA Zone Below -use as many
tables as necessar to com lete all h drozones
1 2 3 4
39.68
0.62
24.6016
Zone 1 Zone 2
LW=0.30 LW=0.30
11 ,804 8,345
3,541 .2 2,503.5
0.71 0.71
4,987.61 3,526.06
8,513.67 (no SLA)
ETWU = 209,448.71 Gallons per year
MAWA = 223,063.94 Gallons per year
Balance = -13,614.23 Gallons per year
5 SLA
Project is under MAWA and compliant with 2016 drought values
***IE
East of l-5 and West of El Camino Real = 44. 0
East of El Camino Real = 47. 0
Micro-spray = . 80
Spray= .55 Rotor=. 70 Note: Most recent State value for high
Applicant may provide a different ETo if supported
by documentation subject to approval by the City
Planning Division
Note: Active CIMIS Station #173 Torrey Pines
used. 2016 Reported ET o of 39 .68
** Plant Factor & Water Use
0.1 = VLW-Very Low Water Use Plants * 0.3 = LW-Low Water Use Plants
0. 5 = MW -Moderate Water Use Plants
0. 8 = HW -High Water Use Plants
Bubbler=. 75 efficiency rotary spray used at 0.71
Drip= .80
Applicant may provide a different IE if supported by
documentation subject to approval by the City
Planning Division (Turf and Landscape Irrigation
Best Management Practices, April 2005)
Galifomia Irrigation Management Information System {CIMIS) Rendered in ENGLISH Units.
Printed on Friday, March 04, 2016
CIMIS Monthly Average ETo Report
Average ETo Values by Station
173 Torrey Rines scv 2.13 2.38 3.35 3.91 4.17 423 4.50 4.39 3.67 2.83 2.25 1.87 39'.68
~-
. ~ C~tyof
Carlsbad
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
De velopment Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
To address post-development pollutants that may be generated from development projects, the City requires that new development and
significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project
design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards
(Volume 4, Chapter 2).
Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision,
discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that
must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to
'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'.. Many
aspects of project site design are dependent upon the storm water standards applied to a project.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has
responsibility for making the final assessment after submission of the development application, If staff determines that the questionnaire
was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return
of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please
seek assistance from Land Development Engineering staff.
A separate completed and signed questionnaire must be submitted for each new development application submission. Only one
completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently ..
In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits
for the project.
' Pieiise start by completing Step 1 and follow t/1e instructions. When completed, sign the form ai the end and submit this with your
application to the city. ir~=--~·-· ... .,,...-....,..-~~---..-·--1,•,1-.. ,~ .'-·,: , .. , . .-Jl.. , h • .. t;•~..J....: • • -~: '~ • <I ' '1, ~~:. ;..., .:...:. ~'l.:'G~.s ~:B.Jb l · ,. ,~•,: -·, ·-·~ t __ :
To determine if your project Is a priority development project, please answer the following questions:
YES NO
·-,·-. -.. ~--.. -·---.. 1. Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meef .. ••'
the following criteria: (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or X other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from
paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in
accordance with USEPA Green Streets auidaoce?. -·· -·-
Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are .. )(. 2. .
designed and constructed in accordance with the USEPA Green StreE!ts guidance?
' ' If you answered "yes" to one or more of the above questions, then your project is NOT a priority development project and therefore is
NOT subject to the storm water criteria required for priority development projects. Go to step 4, mark the last box stating "my
project does not meet PDP requirements" and complete applicant Information.
If you answered "no" to both questions, then go to Step 2. ✓
. ' .' .. ..
E-34 Page 1 of 3 Effective 6/27/13
City of
arlsbad
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
'·• C ..
MPUTED>F.Q)td_4'~ O,C:REDEVa.OP.Ml:NlrP.RGlJEGJS, .1:~ft: ~~ .·. ·-,-...aa;a
To determine if your project is a prkirity development project, please answer the following questions: YES
1:. Is your projecf a new development that creates 10,000 square feet or more of impervious surfaces coliectively
over the entire project site? This includes commercial, industrial, residential, mixed-use, and public
develooment oroiects on oublic or orivate land.
2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire .. ..
project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial, >< industrial, residential, mixed-use and.f)ublic develooment oroiects on oublic or orivate land.
3. Is your project a new or redevelopment project thi:it' creates 5,000 sq·uare feet or more of impervious surface
collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared
foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared
foods and drinks for immediate consumotion. ..
4. Is your "project a new or-r edevelopment project thatcreates 5,000 sqiiFirf! feet or more of impervious surface ' collectively over the entire project site and supports a hillside development project? A hillside development
project_includes development on any natural slope that is twenty-five percent or greater.
-.. -. ·-·· ·-·
5. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface >< collectively over the entire project site and supports a parking lot A parking lot is a land area or facility for the
temoor.arv oarkina or storaae of motor .v~hicLe..s. used oersonallv foe.business or for commerce.
6. Ts your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a street, road, highway freeway or driveway? A street, X road, highway, freeway or driveway is any paved impervious surface used for the transportation of
automobiles, trucks, motorcycles, and other vehicles. . .. 7. Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of
impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive '
Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less
from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the
oroiect to_the ESA.fi. e. nQt.c.omminafes with flows from adjacent landsl. *
8. Is your project a new development that supports an automotive repair shop? An automotive repair shop is a
facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, ;
50.14,. 5541 7532-7534 or 7536.c7539. .. -. ... -...... --
NO
X
X
--
X
><
X
9. · Is you·r project a new development that supports a retail gasoline outlet (RGO)? This category includes RGO's 'X that meet the fol/owing criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of
100 or more vehicles per day. ".
10.1s your project a new or redevelcipment ·project that results in the disturbance of one or more acres of land and X are expected to generate pollutants post construction?
.. .. ..
11.ls your project located within 200 feet of the ·Pacific Ocean and '(1) creates 2,500 square feet or more of >< impervious surface or.(2) incre9!ie~ imp~rvious surface on_ the prpperty_ by more th_an 1 Oo/o?
. jf yol.i_ an·swered "yes' to one or more of the above questions, you ARE a priority development project and are therefore subject to
, lh,p]!'!nJe'}ting structural Best Management Practices (BMP's) in addition to implementing Standard Storm Water Requirem~nts such
;3s source control and low impact development BMP's. A Storm Water Management Plan (SWMP} must be submitted· with your
application(s} for development. Go to step 3 for redevelopment projects. For new f).ro)e.cts; go to step 4 al the end of this
q~e~_tior)naire; check the "my project meets PDP requirements" box and complete !PPll~nf information. ✓
:
If you answered "no" to all of the above questions, you ARE NOT a priority development project and are therefore subject to
Implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all
development projects. A Storm Water Management Plan (SWMP) is not required with your application(s} for development. Go to step
4 at the end of this questionnaire, check the "my project does not meet PDP requirements" box and complete applicant
Information. I
. -
E-34 Page 2 of 3 Effective 6/27 /13
I I
l_ CityQ.f ·-·1sbad
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
-STEP)
Develoe.ment Services.
land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
. QJECJS_T.ttAT AAE_fl,U_O~ QEYE.LOPEMENJ lmOJECTS ONLY
Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than ~-.-·_:~_ ._
50% of the surface area of .the rev.iousl existiri . develo ment? . A
· If you answei'ed "yes;" the structural BMP's requireo for Priority Development Projecls apply oiilyto the creation or replacement of ·
impervious surface and not the entire development. Go to step 4, check the "my project meets PDP requirements" box and
complete applicant information.
, If you-answered ·no," the structural BM P's required for Priority Development Projects apply to the en_t _ e development. Go to step 4,
, check the "m ~ _ro·ect meets PDP re uirements" box ana com _ lete a licant information. _
-;tri[ MY projf:!f l meets PRIORITY·D.EVEI.LOPMENT PROJECT (PDP) requirements and mu1>t cqmply with additional stonmwater
criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for·submittal at time of application.
I understand flow control (hydromodification) requirements may apply to my project.-Refer to SUSMP for details.
0 My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per
the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project.
Applicant Information and Signature Box
AddrP.ss,
3156 Lionshead Ave, Suite 1, Carlsbad, CA
Ap12licant Nam·e: · ·
Eric Munoz
Applicant Signature: .
~ lbv]
Accessor's Parcel Number(s): 211-100-09 . . . . ·
Applica'nt Title: · · ·
Director of Planning
This Box for City Use Only
Cify Concurrence: [ YES T 1'r0
I. I
By:
Date: ----.,
' -
Project ID:
• Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas
designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the
San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources
Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their
quivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent
environmentally sensitive areas which have been identified by the Copermittees.
E-34 Page 3 of 3 Effective 6/27/13
C :>
Chicago Title Company
Builders Services Division
2365 Northside Drive, Suite 500, San Diego, CA92108 (619) 521-3400
Title Department:
Chicago Title Company
Attn: Tom Votel/Ken Cyr
Email: votelt@ctt.com&ken. cyr@ctt.com
Phone: (619) 521-3553 &(619) 521-3555
Fax: (619) 521-3608
Order No.: 12201482-996-U50
Customer:
Merlins Entertainments Group US Holdings,
Inc
Attn: Robert Lorenzini
Email: bob.lorenzini@legoland.com
Phone: (760) 918-5353
Fax: (760) 918-5328
Reference No.: Le2:o Preliminarv Reoort
FIRST AMENDED PRELIMINARY REPORT
Property Address: 1 Legoland Drive, Carlsbad, CA
Dated as of November 24, 2015 at 7:30 am
In response to the application for a policy of title insurance referenced herein, Chicago Title Company
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies
of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring
against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred
to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions
and Stipulations or Conditions of said Policy forms.
The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy
or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause.
When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain
coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are
available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in
Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with
notice of matters which are not covered under the terms of the title insurance policy and should be
carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of
title and may not list all liens, defects, and encumbrances affecting title to the land.
CALIFORNIA LAND TITLE ASSOCIATION ST AND ARD COVERAGE POLICY
CLTA Preliminary Report Form -Modified (11-17-06)
Page 1
0 Qrder No.: 12201482-996-U50
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee
2. Title to said estate or interest at the date hereofis vested in:
Merlin Entertainments Group U. S. Holdings Inc., a Delaware corporation
3. The land referred to in this report is situated in the State of California, County of San Diego and is
described in the Legal Description, attached hereto:
END OF SCHEDULE A
CLTA Preliminary Report Form -Modified (11-17-06)
Page2
C 0 Order No.: 12201482-996-US0
LEGAL DESCRIPTION
LOTS 18 AND 19 OF CITY OF CARLSBAD TRACT 94-09, CARLSBAD RANCH-UNITS 2 & 3, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 13408, RECORDED IN THE OFFICE OF THE COUNTYRECORDER OF
SAN DIEGOCOUNTYON APRIL 1, 1997.
APN: 211-100-09 AND 11
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form -Modified (11-17-06)
Page 3
C Qrder No.: 12201482-996-U50
SCHEDULED
At the date hereof, items to be considered and exceptions to coverage in addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
1. Property taxes, including any assessments collected with taxes, for the fiscal year 2015 -2016
1st Installment:
Penalty:
2nd Installment:
Penalty and Cost:
Code Area:
Assessors Parcel Number:
$1,010,364.43
$101,036.44 (Due after December 10)
$1,010,364.43
$101,046.44 (Due after April 10)
9176
211-100-09-00
2. Supplemental taxes for the fiscal year 2015 -2016 assessed pursuant to the provisions of Chapter
3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California.
l st Installment:
Penalty:
Delinquent:
2nd Installment:
Penalty:
Delinquent:
Code Area:
Assessment No.:
$671.42
$67.14
12/10/2015
$671.42
$77.14
04/10/2016
9176
839-104-03-73
3. Supplemental taxes for the fiscal year 2015 -2016 assessed pursuant to the provisions of Chapter
3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California.
1st Installment:
Penalty:
Delinquent:
2nd Installment:
Penalty:
Delinquent:
Code Area:
Assessment No.:
$2,412.83
$241.28
12/10/2015
$2,412.83
$251.28
04/10/2016
9176
839-104-03-93
CLTA Preliminary Report Form -Modified (11-17-06)
Page4
C
SCHEDULED
( continued)
:) Order No.: 12201482-996-US0
4. Supplemental taxes for the fiscal year 2015 -2016 assessed pursuant to the provisions of Chapter
3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California.
1st Installment:
Penalty:
Delinquent:
2nd Installment:
Penalty:
Delinquent:
Code Area:
Assessment No.:
$2,677.50
$267.75
12/10/2015
$2,677.50
$277.75
04/10/2016
9176
849-104-03-64
5. Supplemental taxes for the fiscal year 2015 -2016 assessed pursuant to the provisions of Chapter
3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California.
1st Installment:
Penalty:
Delinquent:
2nd Installment:
Penalty:
Delinquent:
Code Area:
Assessment No.:
$30,068.32
$3,006.83
12/10/2015
$30,068.32
$3,016.83
04/10/2016
9176
849-104-03-84
6. The lien of supplemental taxes, if any, assessed pursuant to the prov1s1ons of Chapter 3.5
(commencing with Section 75) of the revenue and taxation code of the State of California
7. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
public utilities, ingress, egress
July 5, 1972 as Instrument No. 72-172891, of Official Records
The exact location and extent of said easement is not disclosed of
record
8. The privilege and right to extend drainage structures and excavation and embankment slopes
beyond the limits of Palomar Airport Road, where required for the construction and maintenance of
said Street, as contained in the deed recorded September 15, 1988 as Instrument No. 88-463304, of
Official Records.
Affects Lot 18 herein described.
9. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
June 27, 1988
Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September
8, 1983
CLTA Preliminary Report Form -Modified (11-17-06)
Page 5
0
Grantee:
Purpose:
Recorded:
Affects:
SCHEDULED
( continued)
The City of Carlsbad
Drainage
'~rder No.: 12201482-996-US0
September 15, 1988 as Instrument No.88-0463305, of Official
Records
Lot 18
10. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
June 27, 1988
Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September
8, 1983
The City of Carlsbad
open space and incidental purposes
September 15, 1988 as Instrument No.88-0463306, of Official
Records
Lot 18
11. The privilege and right to extend drainage structures and excavation and embankment slopes
beyond the limits of Palomar Airport Road, where required for the construction and maintenance of
said public highway, as contained in the deed recorded September 15, 1988 as Instrument No.88-
463310, of Official Records.
Affects Lot 18 herein described.
12. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
June 24, 1988
Carltas Company, a California limited partnership
City of Carlsbad
drainage
September 15, 1988 as Instrument No.88-0463313, of Official
Records
Lot 18
13. A pending assessment for the District shown below. When notice of the assessment is recorded
with the CountyRecorder the assessment shall become a lien on said land.
District:
Disclosed By:
Recorded:
Community Facilities District No. 1
Assessment District Boundary
December 19, 1990 as Instrument No.1990-0674118, of Official
Records
Notice of special tax lien pursuant to the requirements of Section 3114.5 of the Streets and
Highways Code and Section 53328.3 of the Government Code recorded May 20, 1991 as
Instrument No. 1991-0236959, of Official Records.
14. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
CLTA Preliminary Report Form -Modified (11-17-06)
Page6
C
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
:> Order No.: 12201482-996-US0
SCHEDULEB
( continued)
May 20, 1992
Carltas Company, a limited partnership
The City of Carlsbad
Traffic signal maintenance
July 15, 1992 as Instrument No.1992-0443116, of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
Affects Lot 18 herein described
15. An Agreement, and the terms and conditions as contained therein
Dated:
By and Between:
Recorded:
Regarding:
Affects:
December 21, 1993
Carltas Company and City of Carlsbad
December 30, 1993 as Instrument No.1993-0886034, of Official
Records
Drainage fees as required by the growth management program and
the adopted local facilities management plan for zone 13
The herein described land and other land.
Reference is hereby made to said document for full particulars.
16. A document entitled "Hold Harmless Agreement Drainage", executed by Carlsbad Ranch
Company, L. P., and the City of Carlsbad, subject to all the terms, provisions and conditions therein
contained, recorded June 12, 1995 as Instrument No. 1995-0245821, of Official Records.
17. A document entitled "Hold Harmless Agreement Geological Failure", executed by Carlsbad
Ranch Company, L. P., and the City of Carlsbad, subject to all the terms, provisions and conditions
therein contained, recorded June 12, 1995 as Instrument No. 1995-0245822, of Official Records.
18. A document entitled "Development Agreement", dated, January 6, 1996, executed by City of
Carlsbad and Lego Park Planning, Inc., subject to all the terms, provisions and conditions therein
contained, recorded March 22, 1996 as Instrument No. 1996-0141299, of Official Records.
Affects Lot 18 herein described
19. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or
restriction is controlled or permitted by any applicable federal or state law, any covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, medical condition, national origin, source of income, or ancestry" as set forth in
the document
Recorded: July 11, 1996 as Instrument No.1996-0348524, of Official Records
CLT A Preliminary Report Form • Modified (11-17-06)
Page 7
0
SCHEDULED
( continued)
~rder No.: 12201482-996-US0
Note: Section 12956.1 of the government code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income as defined in subdivision (p) of Section 12955, or
ancestry, that restriction violates state and federal fair housing laws and is void, and may be
removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for older persons shall not be
construed as restrictions based on familial status."
Note: If you should request a copy of the document referred to above, California Law requires that
a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent,
or association that provides a copy of a declaration, governing document, or deed to any person
shall place a cover Page over, or stamp on the first Page of the previously recorded document or
documents a statement, in at least 14-point boldface type, relating to unlawful restrictions.
20. A document entitled "Notice of Restriction on Real Property", dated, May 20, 1996, executed by
City of Carlsbad, Carlsbad Ranch Company, L. P ., CB Ranch Enterprises, Carlsbad Estate Holding,
Inc., and National Association of Music Merchants, Inc., subject to all the terms, provisions and
conditions therein contained, recorded September 5, 1996 as Instrument No. 1996-0450388, of
Official Records.
21. A document entitled "Agreement Between Developer-Owner and the City of Carlsbad for the
Payment of a Public Facilities Fee for Inside the Boundaries of Community Facilities District
No. 1", dated, December 17, 1996, executed by City of Carlsbad and Lego Land Carlsbad, Inc.,
Corporation, subject to all the terms, provisions and conditions therein contained, recorded
February 7, 1997 as Instrument No. 1997-0056338. of Official Records.
Affects Lot 18 herein described
22. An Agreement, and the terms and conditions as contained therein
Dated:
By and Between:
Recorded:
Regarding:
February 21, 1997
Carlsbad Ranch Company, L. P., and Carlsbad Estate Holding, Inc.,
and Acknowledged and Consented to by the California Coastal
Commission
February 24, 1997 as Instrument No.1997-0080274, of Official
Records
Open space deed restriction
Reference is hereby made to said document for full particulars.
Affects Lot 18 herein described
23. The fact that the ownership of said land does not include rights of access to or from the Street and
Highway abutting said land, such rights having been relinquished by the map of said tract.
Affects: Lot 18 adjacent to Palomar Airport Road
Said land however, abuts upon a public thoroughfare other than the road referred to above, over
which rights of vehicular ingress and egress have not been relinquished.
CLTA Preliminary Report Form -Modified (I 1-17-06)
Page 8
C
SCHEDULEB
( continued)
.:) Order No.: 12201482-996-U50
24. The fact that the ownership of said land does not include rights of access to or from the street,
highway, or freeway abutting said land, such rights having been relinquished by the Map of said
Tract.
Affects: Lot 19 on the South adjacent to Lots 9 and 10 as shown on said Map
No.13408
Said land, however, abuts upon a public thoroughfare other than the road referred to above, over
which rights of vehicular ingress and egress have not been relinquished.
25. An easement for the purpose shown below and rights incidental thereto as shown or as offered for
dedication on the recorded Map shown below.
Map No.:
Easement
Purpose:
Affects:
13408
general access and public utilities and drainage
as shown on said Map No. 13408
26. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or
restriction is controlled or permitted by any applicable federal or state law, any covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, medical condition, national origin, source of income, or ancestry" as set forth in
the document
Recorded: April 1, 1997 as Instrument No.1997-0150347, of Official Records
Note: Section 12956. l of the government code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income as defined in subdivision (p) of Section 12955, or
ancestry, that restriction violates state and federal fair housing laws and is void, and may be
removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for older persons shall not be
construed as restrictions based on familial status."
Note: If you should request a copy of the document referred to above, California Law requires that
a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent,
or association that provides a copy of a declaration, governing document, or deed to any person
shall place a cover Page over, or stamp on the first Page of the previously recorded document or
documents a statement, in at least 14-point boldface type, relating to unlawful restrictions.
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien
of any mortgage or Deed of Trust made in good faith and for value.
Said instrument also provides for the levy of assessments, the lien of which are stated to be
subordinate to the lien of a first mortgage or first Deed of Trust made in good faith and for value.
Among other things, said document provides:
CLTA Preliminary Report Form -Modified (11-17-06)
Page9
Easements and Restrictions
SCHEDULED
( continued)
Qrder No.: 12201482-996-U50
27. An Unrecorded Lease affecting the premises herein described, executed by and between the parties
herein named, with certain terms, covenants, conditions and provisions set forth therein.
Lessor:
Lessee:
Recorded:
Lego Carlsbad AG, (Lego Carlsbad Inc.) a Swiss corporation
Lego Land Carlsbad, Inc., a California corporation
April 16, 1997 as InstrumentNo.1997-0175999, of Official Records
The present ownership of the Leasehold created by said Lease and other matters affecting the
interest of the Lessee are not shown herein.
An assignment and assumption of Lease dated as of July 11, 2005, by and between Lego Land
Estates AG (Lego Land Estates, Inc.), a Swill corporation and PlayU. S. Acquisitions Co. Inc., a
Delaware corporation, recorded August 29, 2005 as Instrument No. 2005-0744001, of Official
Records.
An agreement which states that this instrument was subordinated
To:
Recorded:
By Agreement
Recorded:
Deed of Trust
May 21, 2007 as Instrument No.2007-0343513 of Official Records
May 21, 2007 as Instrument No.2007-0343514 of Official Records
The terms and prov1s1ons contained in the document entitled "Amended and Restated
Subordination and Attornment Agreement" recorded July 8, 2008 as Instrument No. 2008-
0364321 of Official Records.
Second Amended and Restated Subordination and Attomment Agreement recorded November 29,
2010 as File No. 2010-065677, Official Records.
28. A document entitled "Landscape Maintenance and Easement Agreement", dated, April 27,
1997, executed by Carlsbad Ranch Company, L. P., a California limited partnership and Lego
Carlsbad AG (Lego Carlsbad Inc.), a Swiss corporation, subject to all the terms, provisions and
conditions therein contained, recorded April 29, 1997 as Instrument No. 1997-0197544, of Official
Records.
First amendment to landscape maintenance and easement agreement dated April 9, 1998, executed
by Carlsbad Ranch Company, L. P., a California limited partnership and Lego Land Estates AG
(Lego Land Estates Inc.), a Swiss corporation, recorded April 27, 1998 as Instrument No. 1998-
0239009, of Official Records.
29. A document entitled "Hold Harmless Agreement Drainage", dated, May 29, 1997, executed by
Lego Carlsbad AG (Lego Carlsbad Inc.) a Swiss corporation, subject to all the terms, provisions
and conditions therein contained, recorded July 1, 1997 as Instrument No. 1997-0310071, of
Official Records.
CLTA Preliminary Report Form -Modified (l l-17-06)
Page 10
C
SCHEDULEB
( continued)
:, Order No.: 12201482-996-US0
30. A document entitled "Notice of Restriction on Real Property", dated, July 29, 1997, executed by
Lego Land Estates AG (Lego Land Estate3, Inc.) and City of Carlsbad, subject to all the terms,
provisions and conditions therein contained, recorded August 14, 1997 as Instrument No. 1997-
0391746. of Official Records.
31. A document entitled "Notice Concerning Aircraft Environmental Impacts Case No.: SDP 96-
14/CDP 96-16", dated, July 29, 1997, executed by Lego Land Estates AG (Lego Land Estate, Inc.),
subject to all the terms, provisions and conditions therein contained, recorded August 14, 1997 as
Instrument No. 1997-0391747, of Official Records.
32. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
October 30, 1997
LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation
San Diego Gas and Electric Company, a corporation
public utilities, ingress, egress
November 6, 1997 as Instrument No.1997-0560979, of Official
Records
Lot 18
The exact location and extent of said easement is not disclosed of record
33. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
November 10, 1997
LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation
San Diego Gas and Electric Company, a corporation
public utilities, ingress, egress
December 1, 1997 as Instrument No.1997-0603896, of Official
Records
Lot 18
34. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
January 21, 1998
LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation
Carlsbad Municipal Water District
water line easement
March 6, 1998 as Instrument No.1998-0122320, of Official Records
Lot 18
3 5. A Grant Deed of waterline easement for the purpose shown below and rights incidental thereto as
set forth in a document
Dated: October 21, 1998
Grantor: LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation
Grantee: Carlsbad Municipal Water District
Purpose: water line easement
CLTA Preliminary Report Form -Modified (11-17-06)
Page 11
Recorded:
Affects:
SCHEDULEB
( continued)
~rder No.: 12201482-996-U50
March 6, 1998 as Instrument No.1998-0122321, of Official Records
Lot 18
36. A Grant Deed of waterline easement for the purpose shown below and rights incidental thereto as
set forth in a document
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
January 21, 1998
LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation
Carlsbad Municipal Water District
water line easement
March 6, 1998 as Instrument No.1998-0122322, of Official Records
Lot 18
37. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Grand Pacific Carlsbad, L. P., a California limited partnership
storm drain easement
August 3, 2005 as Instrument No.2005-0660417, of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
38. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded June 6, 2006 as Instrument No. 2006-0398658 of Official Records.
39. A Deed of Trust to secure an indebtedness in the original amount shown below.
Amount:
Dated:
Trustor:
Trustee:
Beneficiary:
Loan Number:
Recorded:
$227,272,727.00
May 21, 2007
Merlin Entertainment Group U. S. Holdings Inc., a Delaware
corporation
Chicago Title Company
Bayerische Hypo-Und Vereinsbank AG London Branch, its
successors and/or assigns
Not shown
May 21, 2007 as Instrument No.2007-03435 I 3 of Official Records
Said Deed of Trust was amended and restated by that certain document entitled "Amended and
Restated Deed of Trust with Absolute Assignment of Leases and Rents, Security Agreement and
Fixture Filing, executed by Merlin Entertainment Group, U. S. Holdings Inc., a Delaware
corporation, as Trustor, to Chicago Title Insurance Company, as Trustee, for the Benefit of
Bayerische Hypo-UndVereinsBank AG, Milan Branch, as Beneficiary recorded July 8, 2008 as
Instrument No. 2008-0364320 of Official Records.
CLTA Preliminary Report Form -Modified (l l-17-06)
Page 12
C
SCHEDULED
( continued)
:) Order No.: 12201482-996-US0
Second Amended and Restated Deed of Trust, Assignment of Leases and Rents, Security
Agreement, Financing Statement and Fixture Filing recorded November 29, 2010 as File No. 2010-
0652676, Official Records.
Memorandum of Loan Modification Agreement and Amendment to Deed of Trust
Executed by:
Recorded:
Merlin Entertainments Group U.S. Holdings Inc., a Delaware
corporation and Unicredit Bank AG London Branch (formerly
Bayerische Hypo-Und Vereinsbank AG London Branch)
February 28, 2011 as File No. 2011-0108025, Official Records
Memorandum of Loan Modification Agreement and Amendment to Deed of Trust
Executed by:
Recorded:
Merlin Entertainments Group U.S. Holdings Inc., a Delaware
corporation and Unicredit Bank AG London Branch (formerly
Bayerische Hypo-Und Vereinsbank AG London Branch)
June 2, 2011 as File No. 2011-0282086, Official Records
40. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded March 24, 2010 as Instrument No. 2010-0146897 of Official Records.
41. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Permanent Stormwater Quality Best Management Practice
Maintenance Agreement
January 12, 2012 as File No. 2012-0019022, Official Records
Reference is hereby made to said document for full particulars.
42. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Hold Harmless Agreement Drainage
Recorded: January 12, 2012 as File No. 2012-0019023, Official Records
Reference is hereby made to said document for full particulars.
43. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Hold Harmless Agreement Geological Failure
Recorded: January 12, 2012 as File No. 2012-0019024, Official Records
Reference is hereby made to said document for full particulars.
CLTA Preliminary Report Form -Modified (l l-17-06)
Page 13
0
SCHEDULEB
( continued)
~rder No.: 12201482-996-U50
44. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Notice of Restriction on Real Property
Recorded: March 6, 2012 as File No. 2012-0131245, Official Records
Reference is hereby made to said document for full particulars.
Affects Lot 18
45. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Permanent Stormwater Quality Best Management Practice
Maintenance Agreement
March 5, 2013 as File No. 2013-0142200, Official Records
46. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
public utilities and ingress and egress
November 26, 2014 as Instrument No. 2014-0519247 Official
Records
The exact location and extent of said easement is not disclosed of
record
4 7. The terms and provisions contained in the document entitled "Permanent storm water quality best
management practice maintenance agreement" recorded February 23, 2015 as Instrument No. 2015-
0078873 Official Records.
48. The terms and provisions contained in the document entitled "Permanent stormwater quality best
management practice maintenance agreement" recorded September 23, 2015 as Instrument No.
2015-0500753 Official Records.
49. Water rights, claims or title to water, whether or not shown by the public records.
50. Matters which may be disclosed by an inspection and/or by a correct ALTNACSM Land Title
Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in
possession thereof.
This office must be notified at least 7 business days prior to the scheduled closing in order to
arrange for an inspection of the land; upon completion of this inspection you will be notified of the
removal of specific coverage exceptions and/or additional exceptions to coverage.
51. Any rights of parties in possession of said land, based on any unrecorded lease, or leases.
This Company will require a full copy of any unrecorded lease, together with all supplements,
assignments, and amendments for review.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 14
C
END OF SCHEDULE B
CLTA Preliminary Report Form -Modified (l l-17-06)
SCHEDULED
( continued)
Page 15
:) Order No.: 12201482-996-U50
0 Qrder No.: 12201482-996-050
INFORMATIONAL NOTES
Note No. l:The policy of title insurance will include an arbitration provision. The Company or the
insured may demand arbitration. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating to this policy,
any service of the Company in connection with its issuance or the breach of a policy provision or
other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued
if you wish to review the arbitration provisions and any other provisions pertaining to your Title
Insurance coverage.
Note No. 2:The policy to be issued may contain an arbitration clause. When the Amount of
Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties.
Note No. 3: Your open order request indicates that a corporation formed outside of the jurisdiction
of the State of California will be acquiring, encumbering or conveying the property in your
transaction. Therefore, it is the requirement of this Company that prior to the issuance of our policy
of title insurance we be furnished an opinion by independent counsel authorized to practice law in
the foreign jurisdiction, at no cost to this company, which opinion shall make the following
representations:
( 1) That counsel has reviewed and studied the articles of incorporation and any other pertinent
documents in light of the applicable laws of that jurisdiction;
(2) That the corporation was properly incorporated in that jurisdiction;
(3) That the corporation is presently in good standing in that jurisdiction;
( 4) That the corporation has both the power and authority to own property in the United
States/State of California, both under its articles and the laws of the jurisdiction;
(5) That the named person(s) who will execute documents (if any) on behalf of the corporation
is/are authorized to do so.
CLTA Preliminary Report Form -Modified (l l-17-06)
Page 16
C Fidelity National Financial, Inc
Privacy Statement
0 Effective Date: 5/1/2008
Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal
lnformation")and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNFs privacy practices,
including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF
follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share
information as described herein.
Personal Information Collected
We may collect Personal Information about you from the following sources:
• Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification
number, asset information and income information;
• Information we receive from you through our Internet websites, such as your name, address, Internet Protocol address, the website links
you used to get to our websites, and your activity while using or reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy,
premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in
such transactions, account balances, and credit card information; and
• Information we receive from consumer or other reporting agencies and publicly recorded.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from our consumer or other credit reporting agencies) to various
individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these
disclosures. Disclosures may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to
enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connections with an insurance
transactions;
• To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or
providing you with services you have requested;
• To an insurance regulatory, or law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a
governmental investigation;
• To companies that perform marketing services on our behalf or to other financial institutions with which we have had joint marketing
agreements and/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be
determined, settled, paid or released prior to a title or escrow closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to
comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or
legal process.
Disclosure to Affiliated Companies -We are permitted by law to share your name, address and facts about your transaction with other FNF
companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for
marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from
consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure
is otherwise permitted by law.
Disclosure to Nonaffiliated Third Parties -We do not disclose Personal Information about our customers or former customers to nonaffiliated
third parties, except as outlines herein or as otherwise permitted by law.
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to
you. We maintain physical , electronic, and procedural safeguards that comply with federal regulation to guard Personal Information.
Access to Personal Information/
Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information.under certain circumstances to find out to whom
your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is
to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling
future coverage claims.
For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity.
Where permitted by law we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to:
Changes to this Privacy Statement
Chief Privacy Officer
Fidelity National Financial, Inc.
601 Riverside Drive
Jacksonville, FL32204
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we
will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this
Privacy Statement was revised or materially changed.
Privacy Statement (05-01-08)
0 ATTACHMENT ONE 0 AMERICANLAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs,
attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government
regulation. Tilis includes building and zoning ordinances and also laws and
regulations concerning:
• land use
• improvements on the land
• land division
• environmental protection Tilis exclusion does not apply to violations or the enforcement of these matters
which appear in the public records at policy date.
Tilis exclusion does not limit the zoning coverage described in Items 12 and 13 of
Covered Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you
bought the land without knowledge of the taking
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and
the expenses resulting from:
I. Any rights, interests, or claims of parties in possession of the land not shown by the
public records. 2. Any easements or liens not shown by the public records. Tilis does not limit the lien
coverage in Item 8 of Covered Title Risks.
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date-unless they appeared in
the public records
• that result in no loss to you
• that first affect your title after the Policy Date -this does not limit the labor and
material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in Item 3 of
Schedule A
or
• in streets, alleys, or waterways that touch your land Tilis exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
3. Any facts about the land which a correct survey would disclose and which are not
shown by the public records. Tilis does not limit the forced removal coverage in
Item 12 of Covered Title Risks.
4. Any water rights or claims or title to water in or under the land, whether or not
shown by the public records.
CALIFORNIALAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the
Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by
reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to
building and 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 noltce of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in
the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in
the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not 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 vestinj! in the insured the estate or interest insured by this policy or the transaction creatmg the interest of the insured
lender, by reason of the operation of federal bankruptcy, state insolvency or similar
creditors' rights laws.
SCHEDULE B,PART I
EXCEPTIONS FROM COVERAGE
Tilis 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.
PART!
4.
5.
6.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any
other facts which a correct survey would disclose, and which are not shown by the
public records.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts
authonzing 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.
Any lien or right to a lien for services, labor or material not shown by the Public
Records.
FORMERLY AMERICANLAND TITLE ASSOCIATION WAN POLICY (10-17-92)
WITH A.LT,A, ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the
Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
2.
3.
(a) Any law, ordinance or governmental regulation (including but not limited to
building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the
character, dimensions or location of any improvement now or hereafter erected on
the land; (iii) a separation in ownership or a change in the dimensions or area of the
land or any parcel of which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental
regulations, except to the extent that a notice of the enforcement thereof or a notice
of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent
that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or allej!ed violation affecting the land has been recorded in
the public records at Date of Pohcy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in
the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
Defects, liens, encumbrances, adverse claims, or other matters:
( a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy,
but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an insured under
this policy,
Attachment One (07-26-10)
Page 18
4.
5.
6.
7.
( c) resulting in no loss or damage to the insured claimant;
( d) attaching or created subsequent to Date of Policy ( except to the extent that this
policy insures the priority of the lien of the insured mortgage over any statutory lien
for services, labor or material or to the extent insurance is afforded herein as to
assessments for street improvements under construction or completed at Date of
Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured
claimant had paid value for the insured mortgage.
Unenforceability of the lien of the insured mortgage because of the inability or
failure of the insured at Date of Policy, or the inability or failure of any subsequent
owner of the indebtedness, to comply with applicable doing business laws of the
state in which the land is situated.
Invalidity or uneriforceability of the lien of the insured mortgage, or claim thereof,
which arises out of the transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in lending law.
Any statutory lien for services, labor or materials ( or the claim of priority of any
statutory lien for services, labor or materials over the lien of the insured mortgage)
arising from an improvement or work related to the land which is contracted for and
commenced subsequent to Date of Policy and is not fmanced in whole or in part by
proceeds of the indebtedness secured by the insured mortgage which at Date of
Policy the insured has advanced or is obligated to advance. Any claim, which arises out of the transaction creating the interest of the mortgagee
insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a
fraudulent conveyance or fraudulent transfer; or
C ATTACHMENT ONE
(CONTINUED)
(ii) the subordination of the interest of the insured mortgagee as a result of the
application of the doctrine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a
preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment
or lien creditor.
The above policy 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
1bis policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
I. 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 not shown by the Public
Records.
2006 AMERICANLAND TITLE ASSOCIATION LOAN POLICY (06-17--06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the
Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by
reason of:
I.
2.
3.
(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 ofland; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations.
This Exclusion !(a) does not modify or limit the coverage provided under Covered
Risk 5.
(b) Any governmental police power. 1bis Exclusion I (b) does not modify or limit
the coverage provided under Covered Risk 6.
Rights of eminent domain. This Exclusion does not modify or limit the coverage
provided under Covered Risk 7 or 8.
Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(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;
4.
5.
6.
7.
( c) resulting in no loss or damage to the Insured Claimant;
( d) attaching or created subsequent to Date of Policy (however, this does not
modify or limit the coverage provided under Covered Risk 11, 13, or 14); or
( e) resulting in loss or damage that would not have been sustained if the Insured
Claimant had paid value for the Insured Mortgage.
Unenforceability of the lien of the Insured Mortgage because of the inability or
failure of an Insured to comply with applicable doing-business laws of the state
where the Land is situated.
Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based
upon usury or any consumer credit protection or truth-in-lending law.
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 l 3(b) of this
policy.
Any lien on the Title for real estate taxes or assessments imposed by governmental
authority and created or attaching between Date of Policy and the date of recording
of the Insured Mortgage in the Public Records. This Exclusion does not modify or
limit the coverage provided under Covered Risk l l(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
1bis policy does not insure against loss or damage ( and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
I. (a) Taxes or assessments that are not shown as existing liens by the records of any
taxing authority that levies taxes or assessments on real property or by the Public
Records; (b) proceedings by a public agency that may result in taxes or assessments,
or notices of such proceedings, whether or not shown by the records of such agency
or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but
that could be ascertained by an inspection of the Land or that may be asserted by
persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public
Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance
affecting the Title that would be disclosed by an accurate and complete land survey
of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts
authorizing the issuance thereof; ( c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public
Records.
FORMERLY AMERICANLAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the
Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by
reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to
building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the
character. dimensions or location of any improvement now or hereafter erected on
the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice
of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by ( a) above, except to the extent
that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in
the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in
the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
3.
4.
Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy,
but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an insured under
this policy;
( c) resulting in no loss or damage to the insured claimant;
( d) attaching or created subsequent to Date of Policy, or
(e) resulting in loss or damage which would not have been sustained if the insured
claimant had paid value for the estate or interest insured by this J?Olicy.
Any claim, which arises out of the transaction vesting in the msured the estate or
interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being
deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being
deemed a preferential transfer except where the preferential transfer results from the
failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a
judgement or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
I. 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,
Attachment One (07-26-10)
Page 19
or notices of such proceedings, whether or not shown by the records of such agency
or by the public records.
0 ATTACHMENT ONE
(CONTINUED) 0
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 not shown by the Public
Records.
2006 AMERICANLAND TITLE ASSOCIATION OWNER'S POLICY (06-17--06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the
Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by
reason of:
I. (a) Any law, ordinance, permit, or governmental regulation (including those
relating to building and zoning) restricting, regulating, prohibiting, or relating to
(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 ofland; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations.
This Exclusion !(a) does not modify or limit the coverage provided under Covered
Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage
provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of
Policy, but Known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an
Insured under this policy;
( c) resulting in no loss or damage to the Insured Claimant;
( d) attaching or created subsequent to Date of Policy (however, this does not
modify or limit the coverage provided under Covered Risk 9 and IO); or
( e) resulting in loss or damage that would not have been sustained if the Insured
Claimant had paid value for the Title.
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, attorneys' fees or expenses) that arise by reason of:
I. (a) Taxes or assessments that are not shown as existing liens by the records of any
taxing authority that levies taxes or assessments on real property or by the Public
Records; (b) proceedings by a public agency that may result in taxes or assessments,
or notices of such proceedings, whether or not shown by the records of such agency
or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but
that could be ascertained by an inspection of the Land or that may be asserted by
persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public
Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance
affecting the Title that would be disclosed by an accurate and complete land survey
of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts
authonzing the issuance thereof; (c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public
Records.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22--03)
ALTAHOMEOWNER'S POLICY OF TITLE INSURANCE (10-22--03)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
I. Governmental police power, and the existence or violation of any law or government
regulation. This includes ordinances, laws and regulations concerning:
a. building
b. zoning
c. Land use
d. improvements on Land e. Land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice
of the violation or enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17
or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in
accordance with applicable building codes. This Exclusion does not apply to
violations of building codes if notice of the violation appears in the Public Records
at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. notice of exercising the right appears in the Public Records at the Policy Date;
or
b. the taking happened before the Policy Date and is binding on You if You
bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the
Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in
the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described
in Covered Risk 7, 8.d, 22, 23, 24 or 25.
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 18.
LIMITATIONS ON COVERED RISKS
Covered Risk 14:
Covered Risk I 5:
Covered Risk 16:
Covered Risk I 8:
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount
1.00% of Policy Amount
or
$ 2 500.00
(whichever is less)
1.00% of Policy Amount
or
$ 5 000.00
( whichever is less)
1.00% of Policy Amount
or
$5,000.00
(whichever is less)
1.00% of Policy Amount
or
$2,500.00
(whichever is less)
Our Maximum Dollar
Limit ofLiability
$ 10 000.00
$ 25 000.00
$5,000.00
Attachment One (07-26-10)
Page 20
C ATTACHMENT ONE
(CONTINUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
I. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in
Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, 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.
LIMITATIONS ON COVERED RlSKS
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:
Your Deductible Amount
Covered Risk 16:
Covered Risk 1 8:
Covered Risk 19:
Covered Risk 21 :
Our Maximum Dollar Limit of Liability
1.00% of Policy Amount Shown in Schedule A
or
$2,500.00
(whichever is less)
1.00% of Policy Amount Shown in Schedule A
or
$5,000.00
(whichever is less)
1.00% of Policy Amount Shown in Schedule A
or
$5,000.00
(whichever is less)
1.00% of Policy Amount Shown in Schedule A
or
$2,500.00
(whichever is less)
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA EXP ANDED COVERAGE RESIDENTIAL WAN POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the
Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by
reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to
zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use, or enJoyment of the Land; (ii) the character,
dimensions or location of any improvements now or hereafter erected on the Land;
(iii) a separation in ownership or a change in the dimensions or areas of the Land or
any parcel of which the Land is or was a part; or (iv) environmental protection, or
the effect of any violation of these laws, ordinances or governmental regulations,
except to the extent that 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this
policy.
(b) Any governmental police power not excluded by (a) above, except to the extent
that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the Land has been recorded
in the Public Records at Date of Policy. This exclusion does not limit the coverage
provided under Covered Risks 12, 13, 14, and 16 of this policy.
Attachment One (07-26-10)
2.
3.
4.
Page 21
Rights of eminent domain unless notice of the exercise thereof has been recorded in
the Public Records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a
purchaser for value without Knowledge.
Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of
Policy, but Known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an
Insured under this policy;
( c) resulting in no loss damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph does not limit
the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and
26); or
( e) resulting in loss or damage which would not have been sustained if the Insured
Claimant had paid value for the Insured Mortgage.
Unenforceability of the lien of the Insured Mortgage because of the inability or
failure of the Insured at Date of Policy, or the inability or failure of any subsequent
owner of the indebtedness, to comply with applicable doing business laws of the
state in which the Land is situated.
5.
6.
7.
0 ATTACHMENT ONE
(CONTINUED)
Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof,
which arises out of the transaction evidenced by the Insured Mortgage and is based
upon usury, except as provided in Covered Risk 27, or any consumer credit
protection or truth in lending law.
Real property taxes or assessments of any governmental authority which become a
lien on the Land subsequent to Date of Policy. This exclusion does not limit the
coverage provided under Covered Risks 7, 8(e) and 26.
Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured
Mortgage as to advances or modifications made after the Insured has Knowledge
that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in
Covered Risk 8.
8.
9.
Lack of priority of the lien of the Insured Mortgage as to each and every advance
made after Date of Policy, and all interest charged thereon, over liens, encumbrances
and other matters affecting the title, the existence of which are Known to the
Insured at:
(a) The time ofthe advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which
changes the rate of interest charged, if the rate of interest is greater as a result ofthe
modification than it would have been before the modification. This exclusion does
not limit the coverage provided in Covered Risk 8.
The failure of the residential structure, or any portion thereof to have been
constructed before, on or after Date of Policy in accordance with applicable building
codes. This exclusion does not apply to violations of building codes if notice of the
violation appears in the Public Records at Date of Policy.
ALTA EXPANDED COVERAGE RESIDENTIAL WAN 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 which arise by reason of:
I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting. or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision ofland; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6,
13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an Insured under this policy;
( c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or
28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is
situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any
consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee
shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7 Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or
limit the coverage provided in Covered Risk l l(b) or 25.
8. The failure of the residential structure, or any portion ofit, 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.
Attachment One (07-26-10)
Page 22
C 0
NOTICE
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced
residential property in California between May 19, 1995 and November 1, 2002. If you had more than one
qualifying transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is the subject of your current transaction, you
do not have to do anything; the Company will provide the discount, provided you are paying for escrow
or title services in this transaction.
If your previous transaction involved property different from the property that is subject of your current
transaction, you must -prior to the close of the current transaction -inform the Company of the earlier
transaction, provide the address of the property involved in the previous transaction, and the date or
approximate date that the escrow closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on property that is not the subject of this
transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a
discount. If you provide the Company information concerning a prior transaction, the Company is
required to determine if you qualify for a discount which is subject to other terms and conditions.
Notice
Page 23
~tice of Available Discounts O
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and
its subsidiaries ("FNF'') must deliver a notice of each discount available under our current rate filing along with
the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of
this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your
transaction may not qualify for the below discounts.
You are encouraged to discuss the applicability of one or more of the below discounts with a Company
representative. These discounts are generally described below; consult the rate manual for a full description of
the terms, conditions and requirements for such discount. These discounts only apply to transactions involving
services rendered by the FNF Family of Companies. This notice only applies to transactions involving property
improved with a one-to-four family residential dwelling.
Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company
as indicated by the named discount.
FNF Underwritten Title Companies
CTC -Chicago Title Company
Available Discounts
FN F Underwriters enc -Chicago Title Insurance Co.
CREDIT FOR PREUMINARY TITLE REPORTS AND/OR COMMITMENTS ON
SUBSEQUENT POLICIES
Where no major change in the title has occurred since the issuance of the original report or commitment, the
order may be reopened within 12 -36 months and all or a portion of the charge previously paid for the report
or commitment may be credited on a subsequent policy charge within the following time period from the date of
the report.
FEE REDUCTION SETTLEMENT PROGRAM
Eligible customers shall receive a $20.00 reduction in their title and/or escrow fees charged by the Company for
each eligible transaction in accordance with the terms of the Final Judgments entered in The People of the State
of California.
DISASTER LOANS
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an
owner of record, within 24 months of the date of a declaration of a disaster area by the government of the
United States or the State of California on any land located in said area, which was partially or totally destroyed
in the disaster, will be 50% of the appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS
On properties used as a church or for charitable purposes within the scope of the normal activities of such
entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50%
to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a
lender's policy shall be 32% to 50% of the appropriate title insurance rate, depending on the type of coverage
selected.
SHORT TERM RATE
The Short Term Rate is a reduction of the charges shown in the Insurance Tables which is allowable only when
the current order is placed within 60 months from the date of issuance of a prior CLTA or ALTA Form of Policy of
any qualified title insurer and provided further that the grantor, borrower, lender, lessor or assignor is insured
by or under the terms of a prior policy, or is the vested owner of the interest insured by said policy. The short
term rate is 64% to 92% of the appropriate title insurance rate depending on the type of coverage selected.
EMPLOYEE RATE
No charge shall be made to employees (including employees on approved retirement) of the Company or its
underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing,
refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized
only in connection with those costs which the employee would be obligated to pay, by established custom, as a
party to the transaction.
CA Discount Notice CT (9-17-09)
Page 24
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