HomeMy WebLinkAboutSP 211B; CARLSBAD OAKS NORTH SP AMENDMENT LOTS 1 & 2; Specific Plan (SP)APPLICATIONS APPLIED FOR: (CHECK BOXES)
LAND USE REVIEW
APPLICATION
P-1
. .
. llev.efopment Ser.Vices ·
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Pty•iapiittrlf Petrr!fts (FOR oePT. use oNLYl Leqf{ttattve Pg rm Its (FOR om; use ONLY)
0 Coastal Development Permit (*i O Minor
0 Condltionai Use Permit (*)
D Minor D Extension
0 Day Care (Large)
l2J Environmental Impact Assessment
0 Habitat Management Permit O Minor
0 Hlliside Development Permit(') [J Minor
·. 0 Nonconforming Construction Permit
0 Planned Development Permit O Minor
0 Residential D Non-Residential
0 Planning Commission Determination
· 0 Reasonable Accommodation
0 Site Development Plan □Minor
• 0 Special Use Permit
D Tentative Parcel Map (Minor Subdivision)
. D Tentative Tract Map (Major Subdivision)
D Variance OMinor
0 General Plan Amendment
0 Local Coastal Program Amendment(")
0 Master Plan
ag Specific Plan
0 Zona Change (*)
□Amendment
j)OAmendment
D Zone Code Amendment
i-----=----· -'-' ....... '"'.. South Carl§bad Coastal Review An,a Permits
D Review Permit
D Administrative O Minor D Major
.Viilaqe kevie~ Acea··Perm~
0 Review Permit
0 Administrative O Minor D Major
(*) = eligible for 25% discount
..
._:~ooi· '13)
NOTE:· A PROPOSED PROJEct REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M; A PROPOSED PROJl:CT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).: lor #I -2.¢1--12 o -DI l<!>-r-:tl ""L Zc)°t-121-01
PROJECTNAME: CAt2.LSfJ~'D tJA-k!'S 11),'.JA.T~ _ L&>i'> ··• 11-,_
BRIEF DESCRIPTION OF PROJECT: A,fU£/f.lD 'SP 2.11 Te:> ,e..e'JH'1///E. ''t:c>HtNe/2.C/14 S:-c.11'/'ol'l.T 1
,,
/2.lz Q()/fl&J4tz,v T r:'t2..rJIH-loT~ I .f 1-
BRIEFLEGALDESCRIPTION: l4TS JJ: 7.... tJt:=. e}'f/1.~S8/.fb f/l4cT Vd .. t/7--:/J-/_ C.l+-/2L.-S&fD
~r N1J~1"H;-·l-'f/A~:{· l'E'/1-/JJA-I" A/l!l'./4-'IUl..-~~;z..oe:p .t)£_c.:IJ, Zaq{-.•
LOCATION OF PROJECT: _f?....,"j:/,;....,· .... -~-.. _tJA_. ·....,-~t_A.,.v. .... 'C..,.. · ..... •.,..,..... .............. .....,.._',:=:::,:,:::::=-=-,:~==-'c----'----------~-........ -........ _-----"
STREET ADDRESS .
#Jt>.fl:flf tf ot/T/f .... SIDE OF _n_~_'/1.lr_. _o4-_____ Y_. _A ____ v6_-._ ... _. -.,-.....,...,.......,......_ _______ _
· (NORTH; SOUTH, EAST,WEST) (NAME OF STREET)··
ON THE:
BSWESN ./4:c !Et-Fu£ll1£ ,41/e--~----------·~ __ ...... -· ..... ________ _
(NAME OF STREET) (NAME OF STREET)
Page 1 of6 Revised 01/15
~n~r NAME if.?ffl3tt..T C'c),()Sf'/l."q/<JJ.J. ~
MAILING ADDRESS: f.tf). f?oX £c~3 (p
CITY, STATE, ZIP: S"A-A.I p,~o,cA-. '1'2./1~ .
TaEPHONE: d,,)q ~ 22-J ./t, ~ j
EMAIL ADDRESS: 77#htr:f?M ;/iJtt:~ iJt> 44-··
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
PURPOSES OF THIS APPLICATION.
APPLICANT NAME (Print): ......... $ .... :·_A_•P4_. !£. ___ . -------------
MAILING ADDRESS: _____ ..;.;.._----______ ....._ _______ ___
CITY, STATE, ZIP:
-----------------"------= TELEPHONE:
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
s1:°JNATUR~ · ···'""oA;...;:r...,E,._~"""'"-' "'"s:'-::1G.,..,NA.,..,r""'u""'R=-E---~-----DATE
MAILING ADDRESS; __ -z._-z. ..... 3 .... +_t::=_A_ll. ..... 1+ .... V ..... A-..... · ..... (_A_tl._~ ___ • _...._....._ ........................... ___ -'--_________ _
CITY, STATE, ZIP: C .4'2. l.-<s~'.4b f a.A , . q 2c:i08
TELEPHONE: ~ 6 t;1. > 4'-. ff"-:-"3' /'if',_ ..
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 ~~ ~(16
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSORS IN INTEREST. ····.· ... ·.· ..•.. ~~ .. -e;3>
FOR crrv USE ONLY
Page 2 of6
RECEI'
MAR 16 2
CITY OF CAI '
DAf'~~LfeATl0N RECEIVED
Revised 07/15
I
OWNER NAME ~ (Print}: CA1t..t.rl3Jtp t>,4-1-'f' No~rlf c.lll$f,t.l' •· APPLICANT NAME (Print): 5'AH1fi-.
MAILING ADDRESS: ~C)./3,!,X ~s'-MAILING ADDRESS:
CITY, STATE, ZIP: . S"/4fJ Otli.Co 1 cA-. qz.13~ CiTY, STATE, ZIP:
TaEPHONE: t,/t/--i7..~ -L663 TELEPHONE:
EMAIL ADDRESS: ~dd!, 'Te'dtk_t It'. Ct>~ .... EMAIL ADDRESS: ..
. .. . ..
i CERTIFY THAT i AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATiVE OF THE OWNER
. INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY ANO THAT ALL THE ABOVE INFORMATION IS TRUE ANO CORRECT TO .
• KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE • . SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
·••·•PU_R~ATION. . +l~f \k .·SIGNATURE·· . ·. · .. · ~ .. DATE 'SIGNATURE . .. DATE . .. ..
·. APPLICANTS REPRESENTATIVE {Print): /3~8 1-AOlvte( -L~DWi<::; P~"St~ IU '4tl(o;;._;p~ . I JU c.,
MAILING ADDRESS: '2.7..>+ ~AIJ.J+VA-{ Ail£,
. CITY, STATE, ZIP: CM. IA;;gA-Q.; cA .. ,
.. q "2, t!)O z!,
TELEPHONE: "]60;, 4-'ff-"$ J'ti..-
· .· EMAIL ADDRESS: ~ iifi,1.d~, lslf>iJeP:•:f.t. c.<P """-······ ... • .. n. ·"
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION ANO THAT ALL THE ABOVE
•· INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
. ·•·~ 2./1~//b
SGNATURE. · .. · DATE .. . .
.... ...
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNl:R ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
••· ... ·.·.>~PROPE~·.esEb
FOR CITY USE ONLY
P-1 Page 2of 6
RECEIVED
MAR 1 6 2016
CITY OF CARLSBAD
DATfs.1AM IVED
Revised07/15
I
I
( City of
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owne·d
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person___________ Corp/Part ___________ _
Title____________ Title. _____________ _
Address __________ _ Address ____________ _
2. OWNER (Not the owner's agent)
P-1 (A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (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 Techbilt Construction Corp.
Title.____________ Title_O_w_n_er ___________ _
Address __________ _ Address P.O. Box 80036
San Diego, CA 92110
Page 1 of 2
l-or t { ov 6
Revised 07/10
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a tryst,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust_________ Non Profit/Trust. ________ _
Title___________ Title ____________ _
Address Address _________ _ ------------
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes !✓I No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
_c_· -~-------7/,l Lb 74/L£~f p'~~-
Signature of owner/date Signature of applicant/date
Techbilt Construction Corp.
Print or t~ nam~ owner . 0 _ f
-~ { I~ f U'\,ct~, ~\Cet\
Print or type name of applicant
l.ADuAt:[ //J~S/t;,o c5;.,:2c;ur; I ,,vc_
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 :;: 2 Revised 07 /10
Ownership ofTechbilt Construction Corp.
The shareholders of Techbilt Construction Corp are:
Rose S. Tchang
Lorna Tchang Alcala
Genevieve Tchang Frost
Theodore Tchang
{ci~of
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
{760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership.
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation. include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person___________ Corp/Part ____________ _
Title __________ _ Title ____________ _
Address. _________ _ Address ___________ _
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of Ab!:. persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership. include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person.__________ Corp/Part Carlsbad Oaks North Ventures,
Title___________ Title_o_w_n_e_r __________ _
Address__________ Address_P_.O_. B_o_x_B_0_03_6 ______ _
San Diego, CA 9211 o
Pags 1 of 2 Revised 07/10
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust._______ Non Profit/Trust. ________ _
Title___________ Title ____________ _
Address _________ _ Address ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes l✓I No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
~-Z:-~ ,/-,llJo
Signature of owner/date
~e: ~ ?/<f!/1/6
Signature of applicant/date
Carlsbad Oaks North Ventures, LP. /2,f)8e.1t.r CJ, L4DLVrt:;
Print or type name of owner r-,, .J... Print or type name of applicant ~y: '1f' ore..,.:r-nc., G,er-€.:lcil rol'tte.f' C..,4Dlut!4, JtJe5'/t::",(J e;;eo,,,,~ /,l(Jc,
0t~ ,~1 cl\a~, Pres~vtt
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page2of2 Revised 07/10
I I
Ownership of Carlsbad Oaks North Ventures, L.P.
Rose S. Tchang
Lorna Tchang Alcala
Genevieve Tchang Frost
Theodore Tchang
April 18, 2016
~~. . . Ladwig Design Group, Inc.
City of Carlsbad
/\PR 1 8 2016
Planning Division
REVISED
L-1021
PROJECT DESCRIPTION FOR CARLSBAD OAKS NORTH SPECIFIC PLAN SP
211 (B) AMENDMENT
Carlsbad Oaks North Specific Plan SP 211 provides development regulations for 414 acres
of Planned Industrial property in east central Carlsbad. SP 211 was approved by the City
Council on October 8, 2002 by Ordinance No. NS646. A tentative map (CT 97-13) is
approved for the whole SP 211 area by the Carlsbad Planning Commission on August 21,
2002 as resolution No. 5429. Phases I & II of the 3 unit tentative map have been recorded
and constructed. Phase III is planned to be recorded and developed soon which will
complete the subdivision development. One building has been constructed and several more
are in the development process. Lots 1 & 2 (subject of this SP 211 amendment) are
completed lots with no building construction. Lots 1 & 2 have a Specific Plan use
requirement to provide either Lot 1 or 2 as a "Commercial Support" lot. When SP 211 was
approved in 2002 (14 years ago) there were no existing "Commercial Support" lots in the
vicinity and at that time 14 years ago SP 211 provided assurance there would be at some
time "Commercial Support" available to the "Planned Industrial" lots within SP 211. Today
there is a "Commercial Support" lot existing at the intersection of Palomar Airport Road
and Loker Avenue West. Just south of Palomar Airport Road and El Fuerte there are
existing "Commercial Support" uses in the Bressi Ranch. In addition, just to the east of SP
211 there is extensive "Commercial Support" in the City of Vista. Attached to this
application are 2 aerial photo exhibits (2005 and 2014) showing existing "commercial
support" uses. In 2005, Carlsbad Oaks North first 2 phases were under construction and
Faraday Avenue and El Fuerte Street had not been constructed. There were in 2005 2
"commercial support" uses at El Camino real and Alga Road plus the Olympic Resort with a
restaurant where Lowe's is now located. In addition, there was a "commercial support" site
at Palomar Airport Road and Business park Drive in Vista.
2234 Faradav Avenue ♦ Carlsbad, California 92008
(760) 438-3182 ♦ FAX (760) 438-0173 ♦ Email ldg@dwilsoneng.com
Project Description
April 18, 2016
Page 2
In 2014 there are additional "commercial support" sites just to the south of Lots 1 & 2 at
Loker Avenue west and Palomar Airport Road plus in Bressi Ranch just south of Palomar
Airport Road. In addition, west of Lots 1 & 2 at College Boulevard on Faraday Avenue
there are additional "commercial support" uses.
The proposed deletion of the requirement of either Lot 1 or 2 to be used for "commercial
support" still meets the goals and policies of SP 211. Lots 1 & 2 will still be "auxiliary use
lots" as defined in Goal A of SP 211. The acreage proposed for development will not change
or the amount of "auxiliary use" lot acreage along Faraday Avenue within SP 211. Goals B,
C, DE, F and G of SP 211 are still complied with and un-changed with this proposal. Now
that the road system has been completed (Faraday Avenue and El Fuerte Street) future SP
211 users will have easy access to nearby existing "commercial support" uses in Carlsbad
and Vista.
The existing "commercial support" uses east, west and south of SP 211 are all in
established business/industrial areas with a nearby work force to support the existing
"commercial support" uses. Time and distance to existing "commercial support" outside SP
211 is minor and the addition of another "commercial support" use on Lots 1 or 2 of SP 211
would be difficult to support financially because of the nearby existing established sites.
The majority of the proposed uses in SP 211 will be industrial/office uses which typically
are daytime weekday uses limiting the time when commercial uses are needed.
A major concern with any development is the potential for negative traffic impacts from the
proposed change to Lots 1 & 2. There is no change proposed to the development area or
intensity as established by SP 211 and the approved tentative map (CT 97-13). When the
EIR was prepared and approved in 2002 the trip generation assumptions represent a "Trip
Budget" for Carlsbad Oaks North. Conservative totals were incorporated into the modeling
and therefore the analysis represents a worst-case scenario. Table 5.2-3 of the EIR
(attached) shows a total of 235.7 acres, planned industrial (216.9 ac.), light industrial (8.7
ac), low-rise office (4.9 ac), and other commercial (5.2 ac). This total is 68.4 acres more than
the approved tentative map. The EIR on Page 5.2-4 goes on to say that if the eventual land
uses and sizes vary from the currently envisioned development, the potential traffic
impacts will have been addressed by the analysis contained in the EIR, assuming the daily
and peak service trips total remain within the ''budget" identified in Table 5.2-3 (22,650
2234 Faradav Avenue ♦ Carlsbad, California 92008
(760) 438-3182 ♦ FAX (760) 438-0173 ♦ Email ldg@dwilsoneng.com
..
Project Description
April 18, 2016
Page 3
ADT). With the actual developed area at 71 % of what were approved in the traffic report,
no additional traffic impacts will occur.
Based on the existing multiple close by established "Commercial Support" uses to the SP
211 Planned Industrial lots, the unlikely financial success of a new "commercial support"
. use within SP 211 and no traffic impact above what was analyzed in the EIR we no longer
see the need to maintain the option for "Commercial Support" uses on either Lot 1 & 2 of
Carlsbad Oaks North within SP 211 and hearby request the requirement for "Commercial
Support" uses by removed from Lots 1 & 2 of CT 97-13.
Sincerely,
Bob Ladwig
Ladwig Design Group, Inc.
BL:sm
2234 Faradav Avenue ♦ Carlsbad, California 92008
(760) 438-3182 ♦ FAX (760) 438-0173 ♦ Email ldg@dwilsoneng.com
LEGEND
-Projects Lots CJ SP211 Boundary
I = SP211 600 ft Buffer
GENERAL PLAN LAND USE
(P) Public
-(Pl) Planned Industrial
(OS) Open Space
(CF) Community Facilities
(GS) General Commercial
.___,
R-1.5
0 1,000 2,000
I Feet
(LS) Local Shopping Center
(O)Office
(R-1 .5) Low Density (0-1 .5 Du/ Ac)
(R-4) Low-medium Density (0-4 Du/ Ac)
(R-8) Medium Density (4-8 Du/ Ac)
(R-15) Medium-high Density (8-15 Du/ Ac)
(R-15\L) Residential 8-15 du/ac/Local Shopping Center
(R-23) High Density (15-23 Du/ Ac)
(R-30) Residential 23-30 du/ac
CARLSBAD OAKS NORTH LOTS 1 & 2
SPECIFIC PLAN 211 AMENDMENT
Ladwig Design Group, Inc
2234 FARADAY AVENUE
CARLSDBAD. CA 92008
PHONE (760) 438-3182 FAX (760) 438-0173
PHOTO DATE: SANGIS 2014 JOB# L-1021
HAZARDOUS VV'ASTE
AND SUBSTAN.CES
STATEMENT
P-1(C)
Develc,pment S~rvlces
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:s, I have consulted the
Hazardous· Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
✓The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
0 The development project and any atteniatlves proposed in this application m contained on the lists
compiled pursuant to Section 65962.5 of the State Govemrnent Code.
Address of Site:. . :zoc::r -i 20 -o \ -~ .. z,oq -.l 2=6 r-:o·)
LocalAgency(CityandCounty}: C,arl1zbceJ r ·. <-?;zero D(~(? Goc ... m+f.
Assessor's book, page, and parcel number: __ .'-------------------------'-----------
Specify lis«sJ: ..... · ........ ......., ________ ,;.;.;..;.....;..........., ____ ......., __________ '---___ ..,._;, _______ ........................... ----.;..;..;.. ....... _ _.;.;,...,;__.
Regulatory Identification Number:. ______ ~-~------------------
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies· and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of2 Revised 02113
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ____________ (To be completed by City)
Application Number(s): _________________________ _
General Information ,
1. Name of project: loT5 I { 2. &r:: CA-~SlsA-D o/¾f.,{.f' N()/1..Tlf
2. Name of developer or project sponsor: Turf~ I t-T Cd /U rr12 t/ c..,n O IU C ct) /2/.
Address: Po. /3c:;.x fooJ~
City, State, Zip Code: S:A-N D1Ec;o, c,4. 121 J ?'
Phone Number: {o I 4 -"'2-2. '3 -/ IP BJ 5
3. Name of person to be contacted concerning this project: M /...A-'D Cc// 'z
Address: ?,,7-~4 FARA-DA-,c./ A-tie.
City, State, Zip Code: CJ lf-t2L ~#A-/) • C 4. qz&t:J8 ,
Phone Number: '7~ 0 • 4-.?J]-31?>-
4. Address of Project: E#-41JA-c./ A-l/1£ A-T 1£ L F-u£ /l. tJ,;:_
Assessor's Parcel Number: ?,oC} -12° ,(!) I J-"Z 0 9 -/'l.. I -c!:}/
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
')fJ~.c:,1 Fie PL-411.J { ~P-211) ~ J"IIEllD;qf&A./T
6. Existing General Plan Land Use Designation: /¾A-A.tNr 6 1 /I/Z>f/5712/ 4t-( t° I)
7. Existing zoning district: f!J4-IJ/Vk7.> I IV Dd~I ;t!f-L (Pffl)
8. Existing land use(s): -'-/N_~ __ ,-;_12-_1_'4=---L-__________________ _
9. Proposed use of site (Project for which this form is filed): /UZ> if'S"r~/ "'1-L -7~ f2E~Cl~C
• I II' Ct::J.l'k.,, ell.CI,,,. L 5' v/0//,//2.. T I?< cpu I 12.fr,JU Ir A./T r/2Cl.nf I.. C) 7' S' I .[' L
Project Description
10. Site size: i (J 15 I r z = J ~-" Af,:;-_ • 7&rA-L <;;/?$C/,C/c. /?u,,fJv:. 41¢ -#-c.
11. Proposed Building square footage: f€..ll-Sf'~c1 F /<:::... /'L.-,lf-lU , , ,,
12: Number of floors of construction:
13.
14.
P-1(0)
---------------------
,{ Amount of off-street parking provided: __________________ _ •c
Associated projects: __ /\.1_._A-_. ____________________ _
Page2 of4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes: --
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: _-____________________ _
17. If industrial, indicate type, estimated employment per shift, and loading facilities: ~/{J~c> ____ _
>fJ€~ I r-1 L. /JIZ.tJ :r£c,.,1-/J~V£LaP;-1t~NT ~12.0;::Jt:J<;f=t,
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: ________ _
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: _-___________________ _
P-1(D) Page 3 of 4 Revised 07/10
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or
roads.
22. Change in pattern, scale or character of general area of project.
23. Significant amounts of solid waste or litter.
24. Change in dust, ash, smoke, fumes or odors in vicinity.
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity.
27. Site on filled land or on slope of 10 percent or more.
28. Use of disposal of potentially hazardous materials, such as toxic substances,
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage,
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31. Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
Yes ~ □
□ Ctr
□ B"
□ IE]
□ ~
□ ~
□ ~
□ ~
□ ff
□ ~
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□ [9-""
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:
P-1(O) Page4 of4 Revised 07/10
Ladwig Design Group. Inc.
EIA Information P-1 (D) Environmental Setting Question 32 and 33 responses:
Response to Question 32
Lots 1 and 2 of Carlsbad Oaks North are both graded lots per Carlsbad Tract No. 97-13-1
per map No. 14,926, recorded December 15, 2004. There are no structures on either lot.
Lot No. 1 remains in its original graded condition from the original grading about 10 years
ago. Lot 2 has been used as a temporary construction yard for the desalination pipeline
construction in adjacent Faraday Avenue and will be returned to the original graded
condition.
Response to Question 33
To the west of both lots is open space. To the north of Lot 1 and south of Lot 2 is open space
within the Carlsbad Oaks North Specific Plan area. Further south of Lot 2 is the adjacent
Carlsbad Airport Business Center (SP 200),and developed per CT 74-21. Further to the
west is the Carlsbad Safety Center and Faraday Industrial Park (CT 85-12). Lots 1 and 2
are part of Specific Plan 211, which includes 220.1 acres of open space, 26.6 acres of streets
and 167.3 acres of industrial lots totaling a Specific Plan 211 area of 414 acres.
2234 Faraday Avenue ♦ Carlsbad, California 92008
(760) 438-3182 ♦ FAX (760) 438-0173 ♦ Email ldg@dwilsoneng.com
Ccityof
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 requirement or whether all requirements are necessary for your particular
application) please call (760) 602-4610.
Applicant Signature: ~e': ~
Staff Signature:
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
Customer Reference:
Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Escrow Officer:
Phone:
Fax No.:
E-Mail:
Order Number: Ll-4960297 (06)
Page Number: 2
First American Title
Updated
(02/12/2016)
First American Title Company
4380 La Jolla Village Dr, Suite 200
San Diego, CA 92122
Carlsbad Oaks Lot 1
Ll-4960297 (06)
Dianne Livingston
(858)410-1303
(714)913-6750
dslivingston@firstam.com
Karen Hagen
(858)202-5675
(888)302-8627
khagen@firstam.com
E-Mail Loan Documents to: FACA-RA-LaJolla-7979@firstam.com
Buyer:
Owner: Techbilt Construction
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
Toe printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached. The policy to be issued may ClJflt.ain an arbitration clause. When the Amount of Insurance is less than that set forth in the
arbitration clause, all arbitrable mattzNs shall be arbitrated at the option of either the Company or the Insured as the exdusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and 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.
Rrst American TJt/e
Order Number: LI-4960297 (06)
Page Number: 3
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment should be requested.
Rrst American Title
Dated as of February 09, 2016 at 7:30 A.M.
Order Number: LI-4960297 (06)
Page Number: 4
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
TECHBILT CONSTRUCTION CORP., A CALIFORNIA CORPORATION
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2016-2017, a lien not yet due or
payable.
la. General and special taxes and assessments for the fiscal year 2015-2016.
First Installment: $29,855.50, PAID WITH PENALTY
Penalty: $2,985.55
Second Installment: $29,855.50, OPEN
Penalty: $0.00
Tax Rate Area: 09013
A. P. No.: 209-120-01-00
2. Assessment liens, if applicable, collected with the general and special taxes, including but not
limited to those disclosed by the reflection of the following on the tax roll:
Community Facilities District Carlsbad CFD #3 IMP 2.
3. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 1, as disclosed by Notice of
Special Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records.
Rrst American Title
Order Number: U-4960297 (06)
Page Number: 5
Document(s) declaring modifications thereof recorded June 29, 2004 as Instrument No. 2004-
0606773 of Official Records.
4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the california Revenue and Taxation Code.
5. An offer of dedication for slopes and temporary construction and incidental purposes,
recorded February 11, 2004 as Instrument No. 04-0109582 of Official Records.
To: The City of carlsbad, Municipal Corporation
Said document further recites:
The Granter, for himself, his successors and assigns, hereby waives any claims for any
and all damages to Grantor's remaining property contiguous to the right-of-way hereby
conveyed by reason of the location, construction, landscaping or maintenance of said
street and utilities.
6. The terms and provisions contained in the document entitled Notice of Restriction on Real
Property recorded November 9, 2004 as Instrument No. 04-1066056 of Official Records.
7. The terms and provisions contained in the document entitled Notice and Waiver Concerning
Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation
Corridors case No: CT 97-13 recorded November 9, 2004 as Instrument No. 04-1066058 of
Official Records.
8. An easement shown or dedicated on the Map as referred to in the legal description
For: Public access, sight distance corridor and incidental purposes.
9. Abutter's rights of ingress and egress to or from Faraday Avenue adjacent thereto, except access
opening have been dedicated or relinquished on the filed Map.
10. The following matters shown or disclosed by the filed or recorded map referred to in the legal
description: Geotechnical caution and various notes and recitals
11. The terms and provisions contained in the document entitled Hold Harmless Agreement Drainage
recorded December 15, 2004 as Instrument No. 04-1180067 of Official Records.
12. The terms and provisions contained in the document entitled Hold Harmless Agreement
Geological Failure recorded December 15, 2004 as Instrument No. 04-1180068 of Official
Records.
13. The terms and provisions contained in the document entitled Waiver and Consent to Creation of
a Community Facilities District and Agreement to Pay Fair Share Cost of CT 97-13
recorded December 15, 2004 as Instrument No. 04-1180069 of Official Records.
14. The terms and provisions contained in the document entitled Encroachment Agreement
recorded December 15, 2004 as Instrument No. 04-1180071 of Official Records.
Rrst American Title
.......)
Order Number: LJ-4960297 (06)
Page Number: 6
15. The terms and provisions contained in the document entitled Agreement Between
Developer/Owner and the City of Carlsbad for the Payment of a Local Drainage Area Fee
recorded December 21, 2004 as Instrument No. 04-1201221 of Official Records.
16. The terms and provisions contained in the document entitled 404 Permit 200200641-JMB
recorded December 30, 2004 as Instrument No. 04-1229604 of Official Records.
17. An easement for public utilities and incidental purposes, recorded November 9, 2006 as
Instrument No. 2006-0800401 of Official Records.
In Favor of:
Affects:
San Diego Gas & Electric Company, a Corporation
The land
The location of the easement cannot be determined from record information.
18. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions
in the document recorded February 5, 2007 as Instrument No. 2007-0081082 of Official Records,
which provide that a violation thereof shall not defeat or render invalid the lien of any first
mortgage or deed of trust made in good faith and for value, but deleting any covenant,
condition, or restriction indicating a preference, limitation or discrimination based on race, color,
religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic
information, gender, gender identity, gender expression, source of income (as defined in
California Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or
restrictions violation 42 U.S.C. § 3604(c) or california Government Code§ 12955. Lawful
restrictions under state and federal law on the age of occupants in senior housing or housing for
older persons shall not be construed as restrictions based on familial status.
Note: You may wish to contact the homeowners association referred to in the above document
for information regarding assessments, transfer requirements or other matters.
19. A perpetual easement for sewer lines, pipe lines and incidental purposes, recorded February 26,
2009 as Instrument No. 2009-0095509 of Official Records.
In Favor of:
Affects:
The Buena Sanitation District
The land
20. Water rights, claims or title to water, whether or not shown by the public records.
21. Rights of parties in possession.
Prior to the issuance of any policy of title insurance, the Company will require:
22. With respect to Techbilt Construction Corp., a California corporation:
a. A certificate of good standing of recent date issued by the Secretary of State of the
corporation's state of domicile.
b. A certified copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
the corporation.
c. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require.
First American Tttle
Order Number: Ll-4960297 (06)
Page Number: 7
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1. The property covered by this report is vacant land.
2. According to the public records, there has been no conveyance of the land within a period
of twenty four months prior to the date of this report, except as follows:
A document recorded April 24, 2014 as Instrument No. 2014-0163998 of Official Records.
From: Techbilt Construction Corp., a California corporation
To: Solana Carlsbad Oaks LLC, a Delaware limited liability company
A document recorded August 6, 2015 as Instrument No. 2015-0415303 of Official Records.
From: Solana Carlsbad Oaks LLC, a Delaware limited liability company
To: Techbilt Construction Corp., a California corporation
3. We find no open deeds of trust. Escrow please confirm before closing.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
Rrst American Tttle
Order Number: LJ-4960297 (06)
Page Number: 8
LEGAL DESCRIPTION
Real property in the City of carlsbad, County of San Diego, State of California, described as
follows:
LOT 1 OF CARLSBAD TRACT NO. 97-13-1, CARLSBAD OAKS NORTH PHASE 1, IN THE OTY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 14926, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 15, 2004.
APN: 209-120-01-00
Rrst Ameriean Title
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NOTICE
Order Number: LJ-4960297 (06)
Page Number: 10
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
Rrst American Tttle
EXHIBIT A
Order Number: LJ-4960297 (06)
Page Number: 11
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POUCY TYPE)
CLTA/ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE (02-03-10)
EXCWSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building; (d) improvements on the Land;
(b) zoning; (e) land division; and
( c) land use; (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 ID You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar credilXlrs' rights laws.
UMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21
Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Voyr Qedyctjbfe Amount
Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1 % of Policy Amount or $2,500.00 (whichever is less)
our Maxjmym Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POUCY (6-1-87)
EXCWSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
( c) and division
( d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
First Ameriean Title
Order Number: LJ-4960297 (06)
Page Number: 12
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
(c) that result in no loss to you
( d) 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:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POUCY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly exduded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exdusion 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,
13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b} proceedings by a public agency that may result in taxes or assessments, or notices of such
First American Title
Order Number: U-4960297 (06)
Page Number: 13
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.
2006 ALTA OWNER'S POUCY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l{a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l{b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but 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 or
10); 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:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or 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.
Rrst American T,t/e
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c),
13( d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse 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 ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
Rrst American Tltle
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I Fust American 1itle
Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such
information • particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as
information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal Information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffillated party. Therefore, we will not release your information to nonafflllated parties
except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period
after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty
insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial
institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confldentlallty and Sealrlty
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and
entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet.
In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the
domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First
American uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of
collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific
account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site
can send to your browser, which may then store the cookie on your hard drive. ArstAm com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and
productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record
and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information.
When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer
can secure the required conrections.
Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on
our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form SO-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001·2010 First American Financial Corporation)
I '
Cl TA Preliminary Report Form
(Rev. 11/06)
Order Number: NHSC-3065853 (06)
Page Number: 1
First American Title
First American Title Company
4380 La Jolla Village Dr, Suite 200
San Diego, CA 92122
Ted Tchang
Techbilt Companies
PO Box 80036
San Diego, CA 92138-0036
Customer Reference:
Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Owner:
Carlsbad Oaks North Lot 2
NHSC-3065853 (06)
Dianne Livingston
(858)410-1303
(714)913-6750
dslivingston@firstarn .corn
Carlsbad Oaks North Ventures, LP
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached. The policy to be issued may contain an arbitration dause. When the Amount of Insurance is less than that set forth In the
arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exdusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies ofTitle Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and 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.
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.
Rrst American Title
Dated as of February 09, 2016 at 7:30 A.M.
Order Number: NHSC-3065853 (06)
Page Number: 2
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
CARLSBAD OAKS NORTH VENTURES LP., A CALIFORNIA LIMITED PARTNERSHIP
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2016-2017, a lien not yet due or
payable.
2. General and special taxes and assessments for the fiscal year 2015-2016.
First Installment: $35,430.82, PAID WITH PENAL TY
Penalty: $3,543.08
Second Installment: $35,430.82, OPEN
Penalty: $0.00
Tax Rate Area: 09013
A. P. No.: 209-121-01-00
3. Assessment liens, if applicable, collected with the general and special taxes, including but not
limited to those disclosed by the reflection of the following on the tax roll:
Community Facilities District carlsbad CFO #3 IMP 2.
4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 1, as disclosed by Notice of
Special Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records.
First American TJtle
Order Number: NHSC-3065853 (06)
Page Number: 3
Document(s) declaring modifications thereof recorded June 29, 2004 as Instrument No. 2004-
0606773 of Official Records.
5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
6. An easement for sewer pipelines and incidental purposes, recorded December 21, 1965 as
Instrument No. 229636 of Official Records.
In Favor of:
Affects:
Buena Sanitation District, a County Sanitation District
As described therein
7. An offer of dedication for slopes and temporary construction and incidental purposes,
recorded February 11, 2004 as Instrument No. 2004-0109582 of Official Records.
To: The City of Carlsbad, Municipal Corporation
Said document further recites:
The Granter, for himself, his successors and assigns, hereby waives any claims for any
and all damages to Grantor's remaining property contiguous to the right-of-way hereby
conveyed by reason of the location, construction, landscaping or maintenance of said
street and utilities.
8. The terms and provisions contained in the document entitled Notice of Restriction on Real
Property recorded November 9, 2004 as Instrument No. 2004-1066056 of Official Records.
9. The terms and provisions contained in the document entitled Notice and Waiver Concerning
Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation
Corridors Case No: CT 97-13 recorded November 9, 2004 as Instrument No. 2004-1066058 of
Official Records.
10. Abutter's rights of ingress and egress to or from Faraday Avenue and El Fuerte Street, have been
dedicated or relinquished on the filed Map.
11. An easement shown or dedicated on the Map as referred to in the legal description
For: Proposed private drainage, sewer and incidental purposes.
12. The terms and provisions contained in the document entitled Hold Harmless Agreement Drainage
recorded December 15, 2004 as Instrument No. 2004-1180067 of Official Records.
13. The terms and provisions contained in the document entitled Hold Harmless Agreement
Geological Failure recorded December 15, 2004 as Instrument No. 2004-1180068 of Official
Records.
14. The terms and provisions contained in the document entitled Waiver and Consent to Creation of
a Community Facilities District and Agreement to Pay Share Cost of CT 97-13 recorded December
15, 2004 as Instrument No. 2004-1180069 of Official Records.
15. The terms and provisions contained in the document entitled Encroachment Agreement
recorded December 15, 2004 as Instrument No. 2004-1180071 of Official Records.
First American Title
Order Number: NHSC-3065853 (06)
Page Number: 4
16. The terms and provisions contained in the document entitled Encroachment Agreement
recorded December 15, 2004 as Instrument No. 2004-1180072 of Official Records.
17. The terms and provisions contained in the document entitled Agreement Between
Developer/Owner and the City of Carlsbad for the Payment of a Local Drainage Area Fee
recorded December 21, 2004 as Instrument No. 2004-1201221 of Official Records.
18. The terms and provisions contained in the document entitled 404 Permit 200200641-JMB
recorded December 30, 2004 as Instrument No. 2004-1229604 of Official Records.
19. An easement for sewer access and incidental purposes, recorded October 18, 2005 as Instrument
No. 2005-0899788 of Official Records.
In Favor of:
Affects:
City of Vista
Said land
20. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions
in the document recorded February 5, 2007 as Instrument No. 2007-0081082 of Official Records,
which provide that a violation thereof shall not defeat or render invalid the lien of any first
mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition
or restriction indicating a preference, limitation or discrimination based on race, color, religion,
sex, sexual orientation, marital status, ancestry, disability, handicap, familial status, national
origin or source of income (as defined in california Government Code §12955(p)), to the extent
such covenants, conditions or restrictions violate 42 U.S.C. §3604(c) or California Government
Code §12955 . Lawful restrictions under state and federal law on the age of occupants in senior
housing or housing for older persons shall not be construed as restrictions based on familial
status.
Note: You may wish to contact the homeowners association referred to in the above document
for information regarding assessments, transfer requirements or other matters.
Document(s) declaring modifications thereof recorded March 20, 2013 as Instrument No. 2013-
0175873 of Official Records.
21. A deed of trust to secure the performance of an agreement or other obligation, recorded August
28, 2012 as Instrument No. 2012-0513984 of Official Records.
Dated: August 6, 2012
Trustor: Carlsbad Oaks North Ventures LP., a California Limited
Partnership
Trustee: SureTec Information Systems, Inc.
Beneficiary: SureTec Insurance Company
Rrst American Title
Order Number: NHSC-3065853 (06)
Page Number: 5
Notes:
a. If this deed of trust is to be eliminated in the policy or policies contemplated by this
report/commitment, we will require all of the following prior to the recordation of any documents
or the issuance of any policy of title insurance:
i. Original note and deed of trust.
ii. Payoff demand statement signed by all present beneficiaries.
iii. Request for reconveyance signed by all present beneficiaries.
b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer,
we will also require a full copy of the loan servicing agreement executed by all present
beneficiaries.
c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will
require a certification pursuant to Section 18100.5 of the california Probate Code in a form
satisfactory to the Company
22. Water rights, claims or title to water, whether or not shown by the public records.
23. Rights of parties in possession.
Prior to the issuance of any policy of title insurance, the Company will require:
24. With respect to carlsbad Oaks North Ventures LP., a California limited partnership:
a. That a certified copy of the certificate of limited partnership (form LP-1) and any amendments
thereto (form LP-2) be recorded in the public records;
b. A full copy of the partnership agreement and any amendments;
c. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
d. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require.
First American Title
,....,
Order Number: NHSC-3065853 (06)
Page Number: 6
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1. The property covered by this report is vacant land.
2. According to the public records, there has been no conveyance of the land within a period of
twenty-four months prior to the date of this report, except as follows:
None
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
Rrst American Title
Order Number: NHSC-3065853 (06)
Page Number: 7
WIRE INSTRUCTIONS
for
First American Title Company
1250 Corona Pointe Court, Ste 200
Corona, CA 92879
(951)256-5880
Fax -(909)476-2401
First American Title Company, Demand/Draft Sub-Escrow Deposits
Riverside County, California
First American Trust, FSB
5 First American Way
Santa Ana, CA 92707
Banking Services: (877) 600-9473
ABA 122241255
Credit to First American Title Company
Account No. 3097840000
Reference Title Order Number 3065853 and Title Officer Dianne Livingston
Please wire the day before recording.
Rrst American Title
Order Number: NHSC-3065853 (06)
Page Number: 8
LEGAL DESCRIPTION
Real property in the City of carlsbad, County of San Diego, State of california, described as
follows:
LOT 2 OF CARLSBAD TRACT NO. 97-13-1, CARLSBAD OAKS NORTH PHASE I, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 14926, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 15, 2004.
APN: 209-121-01-00
Rrst American Title
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NOTICE
Order Number: NHSC-3065853 (06)
Page Number: 10
Section 12413.1 of the california Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
First AmeriaJn Title
EXHIBIT A
Order Number: NHSC-3065853 (06)
Page Number: 11
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POUCY TYPE)
CLTA/ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building; (d) improvements on the Land;
(b) zoning;
(c) land use;
(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.
UMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21
Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount
Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1 % of Policy Amount or $2,500.00 (whichever is less)
our Maxjmum ponar Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POUCY (6-1-87)
EXCWSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
( d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
Rrst American T,t/e
Order Number: NHSC-3065853 (06)
Page Number: 12
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
(c) that result in no loss to you
( d) 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:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCWSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
13, or 14); or
(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.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk 11(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
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedinqs by a public agency that may result in taxes or assessments, or notices of such
Rrst American Title
Order Number: NHSC-3065853 (06)
Page Number: 13
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.
2006 ALTA OWNER'S POUCY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Oaimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(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 or
10); 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:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or 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.
First American Title
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exdusion 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 Oaimant 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 ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exdusion 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.
First American Title
¥1 First American 1itle
Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and In the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such
information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Polley governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as
information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which Of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties
except: (1) as necessary for us to provide the product or service you have requested Of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period
after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as tltle insurers, property and casualty
insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial
institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and
entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe It is important you know how we treat the information about you we receive on the Internet.
In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the
domain names, not the e-mail addresses, Of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First
American uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of
collection how we will use the personal Information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific
account/profile information. If you choose to share any personal information with us, we will only use It in accordance with the policies outlined above.
Business Relatl-hlps
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site
can send to your browser, which may then store the cookie on your hard drive.
FjrstAm com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and
productive Web site experience.
Fair Information Values
Faimeu We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record
and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information.
When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer
can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on
our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form SO-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)