HomeMy WebLinkAboutSDP 96-14C; LEGOLAND HOTEL CALIFORNIA; Site Development Plan (SDP)Ci) CITY OF CARLSBAD V 11-,u
LAND USE REVIEW APPLICATION
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2)
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APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPT. USE ONLY) (FOR DEPT. USE ONLY)
Administrative Permit □ Planned Development Permit
Administrative Variance □ Planned Industrial Permit
Coastal Development Permit Amendme ~tar er, /6C □ Planning Commission
Determination
Conditional Use Permit □ Precise Development Plan
Condominium Permit □ Redevelopment Permit
Environmental Impact Assessment 0 Site Development Plan Amendment SfJf 76 lttC
General Plan Amendment □ Special Use Permit
Habitat Management Plan Permit □ Specific Plan
□ +eAtati..«e l=!aFsel Ma13 Hillside Development Permit Obtain from Engineering Department
Local Coastal Program Amendment □ Tentative Tract Map
Master Plan □ Variance
Minor Conditional Use Permit □ Zone Change
Non-Residential Planned Development □ List other applications not
specified
ASSESSOR PARCEL NO(S).: 211-100-09
PROJECT NAME: LEGOLAND Hotel California
4) BRIEF DESCRIPTION OF PROJECT: A hotel with restaurant located adjacent to the LEGOLAND park
entrance within the existing LEGOLAND property.
5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type)
Merlin Entertainments Group U.S. Holdings Inc. Hofman Planning & Engineering
MAILING ADDRESS MAILING ADDRESS
1 LEGOLAND Drive 3152 Lionshead Avenue
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
Carlsbad, CA 92008 (760)918-5322 Carlsbad, CA 92010 (760) 692-4100
EMAIL ADDRESS: brian.shaw@legoland.com EMAIL ADDRESS: lweinheimer@hofmanplanning.com
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
KNOWLEDGE. ..,-5 ""-CORRECT TO THE BEST OF MY KNOWLEDGE.
L\Lialo.'1 ~ti-t(/4tt-~ 1J10LIJ'o
SIG~ ... DATE • SIGNATURE ------.. DATE
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.
Form 14 Rev. 03/08 PAGE 1 OF 4
7) BRIEF LEGAL DESCRIPTION Lots 18-19 of City of Carlsbad Tract no. 94-09, Carlsbad Ranch units
2 and 3 in the City of Carlsbad, County of Sand Diego, State of CA
8) LOCATION OF PROJECT: 1 LEGOLAND Drive
ON THE I North I
(NORTH, SOUTH, EAST, WEST)
BETWEEN I LEGOLAND Drive
(NAME OF STREET)
STREET ADDRESS
SIDE OF LI ____ Pa_l_o_ma_r ___ Ai_· r ___ p_o_rt_R_oa_d _ __,
(NAME OF STREET)
ANDI L----T~he __ c~r=os~s---i=ng=s=-D-ri_·v_e _ _,
(NAME OF STREET)
9) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO
INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO
ENTRY FOR THIS PURPOSE.
10) NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF
RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE
AP~S-RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
Form 14 Rev. 03/08
RECEIVED
APR 1 ' 2 8
CITY OF CARLSBAD
cPire: sr~m (',P~flif\lON RECEIVED
RECEIVED BY:
PAGE 2 OF 4
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: LEGOLAND Hotel California
APPLICANT NAME: Hofman Planning & Engineering
Please describe fully the proposed project by application type. Include any details
necessary to adequately explain the scope and/or operation of the proposed project.
You may also include any background information and supporting statements regarding
the reasons for, or appropriateness of, the application. Use an addendum sheet if
necessary.
Description/Explanation:
The proposed application includes a Site Development Plan Amendment and Coastal Development
Permit Amendment to the original SDP 96-14 and CDP 96-16 for LEGOLAND Carlsbad. The
proposed project is a 250 room hotel located within the LEGOLAND property, southeast of the
park entrance. The hotel will include a restaurant, bar, and accessory uses. LEGOLAND Hotel
California will provide a convenient lodging option for families and visitors to the LEGOLAND
park and surrounding Carlsbad area.
Project Description 10/96 Page 1 of 1
-• Cit}' of Carlsbad
IQEiei,1■,i•i•J4•Eil•11IA11 i .
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ow·nership 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 & persons having a financial interest
in the application. If the applicant includes a corporation or partnership. include the names, title,
addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE
BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate
officers. (A separate page may be attached if necessary.)
Person N/A
Title. __________ _
Address. _________ _
2. OWNER (Not the owner's agent)
Corp/Part LEGOLAND California LLC
Title Operator
Address 1 LEGOLAND Drive, Carlsbad, CA 92008
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, title, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE
NON-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 N/A -----------Ti tie ___________ _
Address. _________ _
Corp/Part Merlin Entertainments Group u. s. Holdings, Inc.
Title Owner
Address 1 LEGOLAND Drive, Carlsbad, CA 92008
President -John Jakobsen
Secretary -Brian Shaw
Director -Andrew Carr
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
3. NON-PROFIT ORGANIZATION OR TRUST
Jf any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
names and addresses of Arr£ 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 12] 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.
5h ~" 'V,o/mg ~~ 'lbof 2-a,»
Signature of owner"ae Signature of applicant/date
Merlin Entertainment Group U.S. Holdings Inc. Merlin Entertainment Group U.S. Holdings Inc.
Brian Shaw Brian Shaw
Print or type name of owner Print or type name of applicant
Hofman Planning & Engineering -Leslie Weinheimer
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\OISCLOSURE STATEMENT 12/06 Page 2af 2
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
Consultation Of Lists of Sites Related To Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous
Wastes and Substances Sites List compiled by the California Environmental Protection Agency and
hereby certify that ( check one):
G The development project and any alternatives proposed in this application are not contained on
the lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application ill contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PRO~ERTY OWNER
Name: Hofman Planning & Engineering Name: Merlin Entertainments Group u. S. Holdings, Inc.
Address:_31_s_2_L1_· o_n_s_he_a_d_Av_e_n_u_e _____ _ Address: 1 LEGOLAND Drive
Carlsbad, CA 92010 Carlsbad, CA 92008
Phone Number: (760) 692-4014 Phone Number: (760) 918-5322
Address of Site: 1 LEGOLAND DRIVE
Local Agency (City and County): Carlsbad, San Diego county
Assessor's book, page, and parcel number:_2_1_1_-1_0_0_-_09 __________________ _
Specify list(s): _____________________________ _
Regulatory Identification Number:. _________________________ _
Date of List: ________________________________ _
____,_,""'-· .. :~i-==·~~· _· -=-=t/1,,-=--~..;.J,oUL.::..;tt,u,t;....:.· "'""''(,---,;,<..;..,.0°+-/0_fl ___ ~-:.__ '-\/iO/o~
Applicant Signature/Date Property Owner Signature/Date
Admin/Counlc:r/HazWastc
CITY OF CARLSBAD
APPLICATION REQUIREMENTS FOR:
COAST AL DEVELOPMENT PERMIT (SINGLE FAMILY REGULAR AND MINOR)
COASTAL DEVELOPMENT PERMIT SUPPLEMENTAL APPLICATION (FOR ALL COASTAL
DEVELOPMENT PERMITS)
This supplemental application is to be filed for any development requiring a Coastal Development Permit
issued by the City of Carlsbad.
**Application checklist for Non-Single Family Regular Coastal Development Permits covered under
separate handout.
A proposed project requiring that multiple applications be filed must be submitted prior to 3:30 p.m. A
proposed project requiring that only one application be filed must be submitted prior to 4:00 p.m.
All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the
same scale. (Use a scale no smaller than l" = 40'.)
This supplemental application is to be filed for any development requiring a Coastal Development Permit
issued by the City of Carlsbad.
I. GENERAL BACKGROUND
A. Estimated Cost of Development:
Development costing $60,000 or more does not qualify as a Minor Coastal Development
Permit. The Planning Director shall make the final determination regarding a project's cost of
development.
The primary basis for determining cost of development will be the application of dollar costs
per square foot for different types of residential construction. These costs are set by the
International Conference of Building Officials (ICBO) and are applied throughout San Diego
County.
Please complete the following information to assist in the determination of this project's cost
of development (Contractor proposals may also be submitted for consideration by the
Planning Director). Please refer to the current fee schedule for the appropriate $/square foot
fee rate.
⇒
⇒
⇒
⇒
⇒
New Residential Square Footage:
N/A square feet x $ /sq. ft.=$
Residential Addition Square Footage: N/A square feet x $ /sq. ft.=$
Any Garage Square Footage:
square feet x $ /sq. ft.=$ N/A
Residential Conversion Square Footage:
square feet x $ /sq. ft.=$ N/A
Please contact the City of Carlsbad Building Department for current fee rate for Non-
Residential uses (i.e. Retail/Store; Restaurants; Office; and
Manufacturing/Warehouse uses.)
______ square feet x $ __ /sq. ft.= $_N_/_A __________ _
COST OF DEVELOPMENT ESTIMATE:$ cost will exceed $60, ooo
♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦
Form 13 Revised 04/04 Page 1 of7
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimate) D
2. A Regular Coastal Development Permit ($60,000 or more cost estimate) G
C. Street address of proposed development
1 LEGOLAND Drive
D. Assessor's Parcel Number of proposed development
211-100-09
E. Development Description:
Briefly describe project: A hotel with restaurant located adjacent to the
LEGOLAND park entrance within the existing LEGOLAND property.
F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.)
that surround the proposed development to the:
North: __ LE_G_O_LAND ___ P_a_r_k ________________________ _
South: __ P_a_r_k_i_n_g_l_ot _________________________ _
East:. ___ L_EG_o_LAND ___ A_d_m_i_n_i_s_t_r_at_i_· o_n_b_u_i_l_d_i_n_g _______________ _
West: ___ Pa_r_k_i_·n_g_l_o_t ________________________ _
G. Is project located within a I OO-year flood plain? Q No
II. PRESENT USE OF PROPERTY
A.
B.
Are there existing structures on the property?
If yes, please describe.
Will any existing structure be removed/demolished?
Dves G No
Oves [3 No
If yes to either question, describe the extent of the demolition or removal, including the
relocation site, if applicable (also show on plans).
Structures will not be removed/demolished but existing parking lot will be
replaced by hotel.
III. LOT COVERAGE
A. Existing and Proposed
Building Coverage
Landscaped Area
Hardscape Area
Unimproved Area
(Left Natural)
Overall Site
Existing
235,493 sq. ft.
2,750,170sq.ft.
sq. ft.
sq. ft.
Hotel Area
New Proposed
212,073 sq. ft.
18, 813sq. ft.
sq. ft.
sq. ft.
New Overall Site
Total
44 7, 566 sq. ft. (8%)
2,768,983 sq. ft. (50%)
sq. ft.
sq. ft.
♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦
Form 13 Revised 04/04 Page 2 of7
B. Parking: Number of existing spaces
Number of new spaces proposed
Existing/Proposed TOT AL:
Number of total spaces required
Number of covered spaces
Number of uncovered spaces
Number of standard spaces
Number of compact spaces
Is tandem parking existing?
Is tandem parking proposed?
C. Grade Alteration:
Is any grading proposed?
If yes, please complete the following:
1. Amount of cut
2. Amount of fill
3. Maximum height of fill slope
4. Maximum height of cut slope
5. Amount of import or export
6. Location of borrow or disposal site
5,310 (excess parking included)
0-existing spaces partially relocated
4,795
4,154
0
4,154
Oves#_ G]No
Oves#_ []No
0ves □No
1850 cu. yds.
3630 cu. yds.
0 feet
4 feet
1780 cu. yds.
LEGOLAND
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Form 13 Revised 04/04 Page 3 of7
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: "'-/ -/ 'j -i (To be completed by City)
Application Number(s): SDP 96-14 (cl /CDP 96-16 (c}
General Information
I. Name of project: LEGOLAND Hotel California
2. Name of developer or project sponsor: Merlin Entertainments Group u. s. Holdings Inc.
Address: __ l_L_E_G_O_LAND ___ D_r_i_v_e __________________________ _
City, State, Zip Code: __ c_a_r_l_s_b_a_dc..., _CA __ 92_o_o_s ____________________ _
Phone Number: (760) 918-5322
3. Name of person to be contacted concerning this project: Hofman Planning: Leslie Weinheimer
Address: 3152 Lionshead Avenue
City, State, Zip Code: Carlsbad, CA 92010
PhoneNumber: (760) 692-4014
4. Address of Project: 1 LEGOLAND Drive, Carlsbad 92008
Assessor's Parcel Number: _2_1_1_-_1_0_0_-_0_9 _______________________ _
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:
6.
7.
8.
Site Development Plan Amendment and Coastal Development Permit Amendment
Existing General Plan Land Use Designation: _T_-_R ___________________ _
Existing zoning district: _c_-_T_-_o __________________________ _
Existing land use(s): ___ T_h_e_m_e_P_a_r_k _______________________ _
9. Proposed use of site (Project for which this form is filed): Theme Park and hotel
Project Description
IO. Site size: Overall Site =128. 32
11. Proposed Building square footage: _2_12_, 0_7_3_s_qu~a_r_e_f_e_e_t ________________ _
12: Number of floors of construction: __ 3 ________________________ _
13. Amount of off-street parking provided: _4..:..., _7_9_5 _____________________ _
2
02/22/06
14. Associated projects: LEGOLAND Carlsbad -Theme park
15. If residential, include the number of units and schedule of unit sizes: --'N:.:....:A=-=---------------
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales
area, and loading facilities: ____________________________ _
Hotel -City/Regionally oriented
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _N~/_A ______ _
18. If institutional, indicate the major function, estimated employment 11er shift, estimated occupancy, loading
facilities, and community benefits to be derived from the project: _N_A _____________ _
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly
why the application is required: _N_/_A ________________________ _
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional
sheets as necessary).
Yes No
20. Change in existing features of any bays, tidelands, beaches, or hills, or □ ~
substantial alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public □ 0
lands or roads.
22. Change in pattern, scale or character of general area of project. □ G8
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 □ 0
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. □ 0
3
02/22/06
26.
28.
29.
30.
31.
Yes
Site on filled land or on slope of IO percent or more. D
Use or disposal of potentially hazardous materials, such as toxic D
substances, flammables or explosives.
Substantial change in demand for municipal services (police, fire, water, D
sewage, etc.).
Substantially increase fossil fuel consumption (electricity, oil, natural gas, D
etc.).
Relationship to a larger project or series of projects. 0
Environmental Setting
Attach sheets that include a response to the following questions:
No
~
0
GI
□
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: __ i_,_0~'10.,_l_78 _____ _
4
02/22/06
Supplemental
31. LEGOLAND Hotel California is related to the larger LEGOLAND Carlsbad
Theme park. It will be developed within the overall LEGOLAND property in a
portion of the existing parking lot.
32. The overall project site is LEGOLAND Carlsbad including the theme park,
service/administration area and parking lot. The proposed hotel project site
would be located on a portion of the existing parking lot southeast of the park
entrance. There are no existing structures on site. The hotel site contains asphalt
and a few landscaped medians within the parking lot that will be removed.
33. The proposed hotel is located within the LEGOLAND property. The
LEGOLAND theme park is located to the north of the hotel and parking lots are
situated to the south, west and southeast. The LEGOLAND property has a
generous landscape setback from all surrounding roadways including
LEGOLAND Drive, The Crossings and Palomar Airport Road. Surrounding
properties are well buffered from the LEGOLAND property and include the
municipal golf course to the east, the Sheraton hotel to the northeast and offices
to the west.
Views looking NORTH
View looking WEST
View looking NORTHWEST
View looking EAST
View looking SOUTHEAST
Chicago Title Company
Builders Services Division
2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400
Title Department:
Chicago Title Company
Attn: Tom Votel/Ken Cyr
Email: votelt@ctt.com & cyrk@ctt.com
Phone: (619) 521-3673
Fax: (619) 521-3608
Order No.: 603041285-U50
Escrow Department:
FIRST AMENDED PRELIMINARY REPORT
Property Address: Legoland
Dated as of: March 18, 2008 at 7:30 am
CHICAGO TITLE INSURANCE 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
in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exclusion from the coverage of said Policy or Policies are set forth
in the attached list. Copies of the Policy forms are available upon request.
Please read the exceptions shown or referred to in Schedule B and the exceptions and
exclusions set forth in the attached list 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.
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
CL TA Preliminary Report Form (Rev 1/1/95)
Page 1
Order No.: 603041285-US0
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee
2. Title to said estate or interest at the date hereof is vested in:
Merlin Entertainments Group U.S. Holdings Inc., a Delaware corporation
3. The land referred to in this report is situated in the State of California, County of San Diego and is
described in the Legal Description, attached hereto:
END OF SCHEDULE A
CL TA Preliminary Report Form (Rev 1/1/95)
Page 2
Order No.: 603041285-US0
LEGAL DESCRIPTION
LOTS 18 AND 19 OF CITY OF CARLSBAD TRACT 94-09, CARLSBAD RANCH-UNITS 2 & 3, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 13408, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON APRIL 1, 1997.
Assessor's Parcel Number: 211-100-09 and 211-100-11
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form (Rev 1/1/95)
Page 3
Order No.: 603041285-U50
SCHEDULEB
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the
policy form designated on the face page of this Report would be as follows:
1. Property taxes, including any assessments collected with taxes, for the fiscal year 2008 -2009 that
are a lien not yet due.
2. (A)Property taxes, including any personal property taxes and any assessments collected with taxes,
for the fiscal year 2007 -2008
1st Installment:
2nd Installment:
Penalty and Cost:
Homeowners Exemption:
Code Area:
Assessors Parcel Number:
$ 626,422.11 (Paid)
$ 626,422.11
$ 62,652.21 (Due after April 10)
None
09176
211-100-09
(B)Supplemental taxes for the fiscal year 2007 -2008 assessed pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of
California.
1st Installment:
Penalty:
Delinquent:
2nd Installment:
Penalty:
Delinquent:
Code Area:
Assessment No.:
$17,256.97
$ 1,725.69
November 5, 2007
$ 17,256.97
$ 1,735.69
April 10, 2008
09176
900-000-89-00
(C)Supplemental taxes for the fiscal year 2007 -2008 assessed pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of
California.
1st Installment:
Penalty:
Delinquent:
2nd Installment:
Penalty:
Delinquent:
Code Area:
Assessment No.:
CL TA Preliminary Report Form (Rev 1/1/95)
$49,999.99
$4,999.99
November 5, 2007
$49,999.99
$5,099.99
April 10, 2008
09176
900-000-90-00
Page4
SCHEDULEB
( continued)
Order No.: 603041285-US0
3. Taxes for APN: 211-100-11, Lot 19 Map No. 13408 (Not Billable), per County tax rolls.
4. An assessment by the improvement district shown below
Assessment (or Bond) No.:
Series:
District:
For:
Parcel
95-1
Carlsbad
CRL RCH Assmnt95-l
Said assessment is collected with County/City property taxes.
An assessment district diagram, thereof recorded June 4, 1997 as Instrument No. 1997-0262318, of
Official Records.
A notice of assessment thereof, recorded June 4, 1997 as Instrument No. 1997-0262319, of Official
Records.
5. The lien of supplemental taxes, if any, assessed pursuant to the prov1s1ons of Chapter 3.5
(commencing with Section 75) of the revenue and taxation code of the State of California
6. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
public utilities, ingress, egress
July 5, 1972 as Instrument No. 72-172891, of Official Records
The exact location and extent of said easement is not disclosed of
record
7. The privilege and right to extend drainage structures and excavation and embankment slopes
beyond the limits of Palomar Airport Road, where required for the construction and maintenance of
said Street, as contained in the deed recorded September 15, 1988 as Instrument No. 88-463304, of
Official Records.
Affects Lot 18 herein described.
8. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
June 27, 1988
Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September
8, 1983
The City of Carlsbad
Drainage
September 15, 1988 as Instrument No. 88-0463305, of Official
Records
Lot 18
9. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
CLT A Preliminary Report Form (Rev 1/1/95)
Page 5
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
Order No.: 603041285-US0
SCHEDULED
( continued)
June 27, 1988
Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September
8, 1983
The City of Carlsbad
open space and incidental purposes
September 15, 1988 as Instrument No. 88-0463306, of Official
Records
Lot 18
10. The privilege and right to extend drainage structures and excavation and embankment slopes
beyond the limits of Palomar Airport Road, where required for the construction and maintenance of
said public highway, as contained in the deed recorded September 15, 1988 as Instrument No. 88-
463310, of Official Records.
Affects Lot 18 herein described.
11. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
June 24, 1988
Carltas Company, a California limited partnership
City of Carlsbad
drainage
September 15, 1988 as Instrument No. 88-0463313, of Official
Records
Lot 18
12. A pending assessment for the District shown below. When notice of the assessment is recorded
with the County Recorder the assessment shall become a lien on said land.
District:
Disclosed By:
Recorded:
Community Facilities District No. 1
Assessment District Boundary
December 19, 1990 as Instrument No. 1990-0674118, of Official
Records
Notice of special tax lien pursuant to the requirements of Section 3114.5 of the Streets and
Highways Code and Section 53328.3 of the Government Code recorded May 20, 1991 as
Instrument No. 1991-0236959, of Official Records.
13. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
CLT A Preliminary Report Form (Rev 1/1/95)
May 20, 1992
Carltas Company, a limited partnership
The City of Carlsbad
Traffic signal maintenance
July 15, 1992 as Instrument No. 1992-0443116, of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
Page 6
SCHEDULEB
( continued)
Order No.: 603041285-050
Affects Lot 18 herein described
14. An Agreement, and the terms and conditions as contained therein
Dated:
By and Between:
Recorded:
Regarding:
Affects:
December 21, 1993
Carltas Company and City of Carlsbad
December 30, 1993 as Instrument No. 1993-0886034, of Official
Records
Drainage fees as required by the growth management program and
the adopted local facilities management plan for zone 13
The herein described land and other land.
Reference is hereby made to said document for full particulars.
15. A document entitled "Hold Harmless Agreement Drainage", executed by Carlsbad Ranch
Company, L. P., and the City of Carlsbad, subject to all the terms, provisions and conditions therein
contained, recorded June 12, 1995 as Instrument No. 1995-0245821, of Official Records.
16. A document entitled "Hold Harmless Agreement Geological Failure", executed by Carlsbad
Ranch Company, L. P., and the City of Carlsbad, subject to all the terms, provisions and conditions
therein contained, recorded June 12, 1995 as Instrument No. 1995-0245822, of Official Records.
1 7. A document entitled "Development Agreement", dated, January 6, 1996, executed by City of
Carlsbad and Lego Park Planning, Inc., subject to all the terms, provisions and conditions therein
contained, recorded March 22, 1996 as Instrument No. 1996-0141299, of Official Records.
Affects Lot 18 herein described
18. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or
restriction is controlled or permitted by any applicable federal or state law, any covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, medical condition, national origin, source of income, or ancestry" as set forth in
the document
Recorded: July 11, 1996 as Instrument No. 1996-0348524, of Official Records
Note: Section 12956.1 of the government code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income as defined in subdivision (p) of Section 12955, or
ancestry, that restriction violates state and federal fair housing laws and is void, and may be
removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for older persons shall not be
construed as restrictions based on familial status."
CLT A Preliminary Report Form (Rev 1/1/95)
Page 7
SCHEDULED
( continued)
Order No.: 603041285-US0
Note: If you should request a copy of the document referred to above, California Law requires that
a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent,
or association that provides a copy of a declaration, governing document, or deed to any person
shall place a cover Page over, or stamp on the first Page of the previously recorded document or
documents a statement, in at least 14-point boldface type, relating to unlawful restrictions.
19. A document entitled "Notice of Restriction on Real Property", dated, May 20, 1996, executed by
City of Carlsbad, Carlsbad Ranch Company, L. P., CB Ranch Enterprises, Carlsbad Estate Holding,
Inc., and National Association of Music Merchants, Inc., subject to all the terms, provisions and
conditions therein contained, recorded September 5, 1996 as Instrument No. 1996-0450388, of
Official Records.
20. A document entitled "Agreement Between Developer-Owner and the City of Carlsbad for the
Payment of a Public Facilities Fee for Inside the Boundaries of Community Facilities District
No. l", dated, December 17, 1996, executed by City of Carlsbad and Lego Land Carlsbad, Inc.,
Corporation, subject to all the terms, provisions and conditions therein contained, recorded
February 7, 1997 as Instrument No. 1997-0056338, of Official Records.
Affects Lot 18 herein described
21. An Agreement, and the terms and conditions as contained therein
Dated:
By and Between:
Recorded:
Regarding:
February 21, 1997
Carlsbad Ranch Company, L. P., and Carlsbad Estate Holding, Inc.,
and Acknowledged and Consented to by the California Coastal
Commission
February 24, 1997 as Instrument No. 1997-0080274, of Official
Records
Open space deed restriction
Reference is hereby made to said document for full particulars.
Affects Lot 18 herein described
22. The fact that the ownership of said land does not include rights of access to or from the Street and
Highway abutting said land, such rights having been relinquished by the map of said tract.
Affects: Lot 18 adjacent to Palomar Airport Road
Said land however, abuts upon a public thoroughfare other than the road referred to above, over
which rights of vehicular ingress and egress have not been relinquished.
23. The fact that the ownership of said land does not include rights of access to or from the street,
highway, or freeway abutting said land, such rights having been relinquished by the Map of said
Tract.
Affects:
CLTA Preliminary Report Form (Rev 1/1/95)
Lot 19 on the South adjacent to Lots 9 and 10 as shown on said Map
No. 13408
Page 8
SCHEDULED
( continued)
Order No.: 603041285-US0
Said land, however, abuts upon a public thoroughfare other than the road referred to above, over
which rights of vehicular ingress and egress have not been relinquished.
24. An easement for the purpose shown below and rights incidental thereto as shown or as offered for
dedication on the recorded Map shown below.
Map No.:
Easement
Purpose:
Affects:
13408
general access and public utilities and drainage
as shown on said Map No. 13408
25. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or
restriction is controlled or permitted by any applicable federal or state law, any covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, medical condition, national origin, source of income, or ancestry" as set forth in
the document
Recorded: April 1, 1997 as Instrument No. 1997-0150347, of Official Records
Note: Section 12956.1 of the government code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income as defined in subdivision (p) of Section 12955, or
ancestry, that restriction violates state and federal fair housing laws and is void, and may be
removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for older persons shall not be
construed as restrictions based on familial status."
Note: If you should request a copy of the document referred to above, California Law requires that
a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent,
or association that provides a copy of a declaration, governing document, or deed to any person
shall place a cover Page over, or stamp on the first Page of the previously recorded document or
documents a statement, in at least 14-point boldface type, relating to unlawful restrictions.
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien
of any mortgage or Deed of Trust made in good faith and for value.
Said instrument also provides for the levy of assessments, the lien of which are stated to be
subordinate to the lien of a first mortgage or first Deed of Trust made in good faith and for value.
Among other things, said document provides:
Easements and Restrictions
26. An Unrecorded Lease affecting the premises herein described, executed by and between the parties
herein named, with certain terms, covenants, conditions and provisions set forth therein.
Lessor: Lego Carlsbad AG, (Lego Carlsbad Inc.) a Swiss corporation
CL TA Preliminary Report Form (Rev 1/1/95)
Page9
Lessee:
Recorded:
SCHEDULED
( continued)
Order No.: 603041285-US0
Lego Land Carlsbad, Inc., a California corporation
April 16, 1997 as Instrument No. 1997-0175999, of Official Records
The present ownership of the Leasehold created by said Lease and other matters affecting the
interest of the Lessee are not shown herein.
An assignment and assumption of Lease dated as of July 11, 2005, by and between Lego Land
Estates AG (Lego Land Estates, Inc.), a Swill corporation and Play U. S. Acquisitions Co. Inc., a
Delaware corporation, recorded August 29, 2005 as Instrument No. 2005-0744001, of Official
Records.
27. A document entitled "Landscape Maintenance and Easement Agreement", dated, April 27,
1997, executed by Carlsbad Ranch Company, L. P., a California limited partnership and Lego
Carlsbad AG (Lego Carlsbad Inc.), a Swiss corporation, subject to all the terms, provisions and
conditions therein contained, recorded April 29, 1997 as Instrument No. 1997-0 I 97544, of Official
Records.
First amendment to landscape maintenance and easement agreement dated April 9, 1998, executed
by Carlsbad Ranch Company, L. P., a California limited partnership and Lego Land Estates AG
(Lego Land Estates Inc.), a Swiss corporation, recorded April 27, 1998 as Instrument No. 1998-
0239009, of Official Records.
28. A document entitled "Hold Harmless Agreement Drainage", dated, May 29, 1997, executed by
Lego Carlsbad AG (Lego Carlsbad Inc.) a Swiss corporation, subject to all the terms, provisions
and conditions therein contained, recorded July 1, 1997 as Instrument No. 1997-0310071, of
Official Records.
29. A document entitled "Notice of Restriction on Real Property", dated, July 29, 1997, executed by
Lego Land Estates AG (Lego Land Estate3, Inc.) and City of Carlsbad, subject to all the terms,
provisions and conditions therein contained, recorded August 14, 1997 as Instrument No. 1997-
0391746, of Official Records.
30. A document entitled "Notice Concerning Aircraft Environmental Impacts Case No.: SDP 96-
14/CDP 96-16", dated, July 29, 1997, executed by Lego Land Estates AG (Lego Land Estate, Inc.),
subject to all the terms, provisions and conditions therein contained, recorded August 14, 1997 as
Instrument No. 1997-0391747, ofOfficial Records.
31. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
October 30, 1997
Lego Land Estates (Lego Land Estates Inc.), a Swiss corporation
San Diego Gas and Electric Company, a corporation
public utilities, ingress, egress
November 6, 1997 as Instrument No. 1997-0560979, of Official
Records
Lot 18
The exact location and extent of said easement is not disclosed of record
CL TA Preliminary Report Form (Rev 1/1/95)
Page 10
SCHEDULER
( continued)
Order No.: 603041285-USO
32. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
November 10, 1997
Lego Land Estates (Lego Land Estates Inc.), a Swiss corporation
San Diego Gas and Electric Company, a corporation
public utilities, ingress, egress
December 1, 1997 as Instrument No. 1997-0603896, of Official
Records
Lot 18
33. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
January 21, 1998
Lego Land Estates (Lego Land Estates Inc.), a Swiss corporation
Carlsbad Municipal Water District
water line easement
March 6, 1998 as Instrument No. 1998-0122320, of Official Records
Lot 18
34. A Grant Deed of waterline easement for the purpose shown below and rights incidental thereto as
set forth in a document
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
October 21, 1998
Lego Land Estates (Lego Land Estates Inc.), a Swiss corporation
Carlsbad Municipal Water District
water line easement
March 6, 1998 as Instrument No. I 998-0122321, of Official Records
Lot 18
35. A Grant Deed of waterline easement for the purpose shown below and rights incidental thereto as
set forth in a document
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
January 21, 1998
Lego Land Estates (Lego Land Estates Inc.), a Swiss corporation
Carlsbad Municipal Water District
water line easement
March 6, 1998 as Instrument No. 1998-0122322, of Official Records
Lot 18
35A. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
CLTA Preliminary Report Form (Rev 1/1/95)
Grand Pacific Carlsbad, L. P ., a California limited partnership
storm drain easement
August 3, 2005 as Instrument No. 2005-0660417, of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
Page II
SCHEDULEB
( continued)
Order No.: 603041285-US0
36. Intentionally omitted
3 7. Intentionally omitted
38. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded June 6, 2006 as Instrument No. 2006-0398658, of Official Records.
39. Rights of parties in possession of said land.
Matters affecting the rights of said parties are not shown herein.
40. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by the public records.
41. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations
secured thereby
Amount:
Dated:
Trustor:
Trustee:
Beneficiary:
assigns
Recorded:
$227,272,727.00
May 21, 2007
Merlin Entertainments Group U.S. Holdings Inc., a Delaware corporation
Chicago Title Company
Bayerische Hypo-UNO Vereinsbank AG London Branch, its successors and/or
May 21, 2007 as file No. 2007-0343513 of Official Records
42. An Unrecorded Lease affecting the premises herein described, executed by and between the parties
herein named, with certain terms, covenants, conditions and provisions set forth therein.
Lessor:
Lessee:
Disclosed by:
Recorded:
Merlin Entertainments Group U.S. Holdings Inc., a Delaware
corporation
Lego Land California, LLC, a Delaware limited liability company
Subordination and Attomment Agreement
May 21, 2007 as file No. 2007-0343514 of Official Records
The present ownership of the Leasehold created by said Lease and other matters affecting the
interest of the Lessee are not shown herein.
END OF SCHEDULE B
CL TA Preliminary Report Form (Rev 1/1/95)
Page 12
Order No.: 603041285-US0
INFORMATIONAL NOTES
Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the
insured may demand arbitration. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating to this policy,
any service of the Company in connection with its issuance or the breach of a policy provision or
other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued
if you wish to review the arbitration provisions and any other provisions pertaining to your Title
Insurance coverage.
Note No. 2: Your open order request indicates that a corporation formed outside of the jurisdiction
of the State of California will be acquiring, encumbering or conveying the property in your
transaction. Therefore, it is the requirement of this Company that prior to the issuance of our policy
of title insurance we be furnished an opinion by independent counsel authorized to practice law in
the foreign jurisdiction, at no cost to this company, which opinion shall make the following
representations:
( 1) That counsel has reviewed and studied the articles of incorporation and any other pertinent
documents in light of the applicable laws of that jurisdiction;
(2) That the corporation was properly incorporated in that jurisdiction;
(3) That the corporation is presently in good standing in that jurisdiction;
(4) That the corporation has both the power and authority to own property in the United
States/State of California, both under its articles and the laws of the jurisdiction;
(5) That the named person(s) who will execute documents (if any) on behalf of the corporation
is/are authorized to do so.
MBB/lst amend
CLT A Preliminary Report Form (Rev 1/1/95)
Page 13
Ch....CAGO TITLE INSURANCE COMhirNY
Fidelity National Financial Group of Companies' Privacy Statement
July 1, 2001
We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws.
We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to
whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy
Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with
applicable privacy laws.
In the course of our business, we may collect Personal Information about you from the following sources:
• From applications or other forms we receive from you or your authorized representative;
• From your transactions with, or from the services being performed by, us, our affiliates or others;
• From our Internet web sites;
• From the public records maintained by government entities that we wither obtain directly from those entities, or
from our affiliates or others; and
• From consumer or other reporting agencies
Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or
intrusion. We limit access to the Personal Information only to those employees who need such access in connection with
providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate
settlement service providers. We may also disclose your Personal Information:
• To agents, brokers or representatives to provide you with services you have requested;
• To third-party contractors or service providers who provide services or perform marketing or other functions on our
behalf; and
• To others with whom we enter into joint marketing agreements for products or services that we believe you may
find of interest.
In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to
do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise
permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any
agreement, transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such
documents may contain your Personal Information.
Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom
your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or
deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the
costs incurred in responding to such requests.
All requests must be made in writing to the following address:
Multiple Products or Services:
Privacy Compliance Officer
Fidelity National Financial, Inc.
601 Riverside Drive
Jacksonville, FL 32204
Ifwe provide you with more than one financial product or service, you may receive more that one privacy notice from us. We
apologize for any inconvenience this may cause you.
Privacy Statement (10-21-03)
LIST OF ~NTED EXCEPTIONS AND E~LUSIONS
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by ( a) above, except to the extent that a notice of the exercise thereof or notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this
policy;
( c) resulting in no loss or damage to the insured claimant;
( d) attaching or created subsequent to Date of Policy; or resulting in loss or damage which would not have been sustained if the insured
claimant had paid value for he insured mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is
situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights
laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the
land which may be asserted by persons in possession thereof
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,
and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
Exceptions and Exclusions
AMERICAN LAND TITL~SSOCIATION RESIDENTIAL TITLE INMrkANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting
from:
I. Governmental police power, and the existence or violation of any law or government regulation. This includes building
and zoning ordinances and also laws and regulations concerning:
• land use
• improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at
Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the
taking
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8
of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in Item 3 of Schedule A
OR
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions, you are not insured against loss, cost, attorneys' fees and expenses resulting from:
1. Someone claiming an interest in your land by reason of:
A. Easements not shown in the public records
B. Boundary disputes not shown in the public records
C. Improvements owned by your neighbor placed or you land
2. If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Units,
Item 12 of Covered Title Risks does not insure you against loss costs attorneys' fees, and expenses resulting from:
A. The forced removal of any Additional Dwelling Unit, or,
B. The forced conversion of any Additional Dwelling Unit back to its original use.
if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or
government regulation.
Exceptions and Exclusions
CALIFORNIA LAND TITLE~SOCIA TION HOMEOWNER'S POLICY ('ff"'TITLE INSURANCE (6/2/98)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/17/98)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting
from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances,
laws and regulations concerning:
a. Building
b. Zoning
C. Land use
d. Improvements on Land
e. Land division
f. Environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement
appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17, or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building
codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public
Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the
taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or
25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
Exceptions and Exclusions
AMERICA~'1'..AND TITLE ASSOCIATION LOAN POL~ (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT -FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the
character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or
a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,
but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the
rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant
and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an
insured under this policy;
( c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of
the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein
as to assessments for street improvements under construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or
the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the
state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction
evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or
materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is
contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the
indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
Exceptions and Exclusions
. •·
AMERICA~AND TITLE ASSOCIATION LOAN POL~ (10-17-92)
WITH ALTA ENDORSEMENT -FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
(Continued)
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of
the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent
transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable
subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy forms 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 General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which
arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an
inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)
water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public
records.
Exceptions and Exclusions
AMERICAN'b<ND TITLE ASSOCIATION OWNER'S POffltY (10-17-92)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
(b) Any governmental police power not excluded by ( a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this
policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
( e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest
insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the
operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy forms 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 General Instructions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the
land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,
and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
Exceptions and Exclusions
...
ALTA EXP~D COVERAGE RESIDENTIAL LOAN PO'L1CY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this
policy;
( c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured
mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for
street improvements under construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is
situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This
exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26.
7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made
after the insured has knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this
policy. This exclusion does not limit the coverage provided in Covered Risk 8.
8. Lack of priority of the lien of the insured Mortgage as to each and every advance made after Date of Policy, and all interest charged
thereon, over liens, encumbrances and other matters affecting the title, the existence of which are known to the insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of
interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the
coverage provided in Covered Risk 8.
9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance
with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the
Public Records at Date of Policy.
Exceptions and Exclusions
Chicago Title Company
Builders Services Division
2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400
Title Department:
Chicago Title Company
Attn: Tom Votel/Ken Cyr
Email: votelt@ctt.com & cyrk@ctt.com
Phone: (619) 521-3673
Fax: (619) 521-3608
Order No.: 603041285-U50
THIRD AMENDED PRELIMINARY REPORT
Property Address: Legoland
Dated as of: January 13, 2011 at 7:30 am
CHICAGO TITLE INSURANCE 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
in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exclusion from the coverage of said Policy or Policies are set forth
in the attached list. Copies of the Policy forms are available upon request.
Please read the exceptions shown or ref erred to in Schedule B and the exceptions and
exclusions set forth in the attached list 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.
CALIFORNIA LAND TITLE ASSOCIATION ST AND ARD COVERAGE POLICY
CLTA Preliminary Report Form (Rev 1/1/95)
Page I
Order No.: 603041285-050
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee
2. Title to said estate or interest at the date hereof is vested in:
Merlin Entertainments Group U.S. Holdings Inc., a Delaware corporation, formerly known as Play
U.S. Acquisitionco Inc., a Delaware corporation
3. The land referred to in this report is situated in the State of California, County of San Diego and is
described in the Legal Description, attached hereto:
END OF SCHEDULE A
CLTA Preliminary Report Form (Rev 1/1/95)
Page2
Order No.: 603041285-US0
LEGAL DESCRIPTION
LOTS 18 AND 19 OF CITY OF CARLSBAD TRACT 94-09, CARLSBAD RANCH-UNITS 2 & 3, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 13408, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON APRIL 1, 1997.
Assessor's Parcel Number: 211-100-09 and 211-100-11
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Fonn (Rev 1/1/95)
Page3
,....
Order No.: 603041285-US0
SCHEDULEB
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the
policy form designated on the face page of this Report would be as follows:
1. Property taxes, including any assessments collected with taxes, for the fiscal year 2011 -2012 that
are a lien not yet due.
2. Property taxes, including any personal property taxes and any assessments collected with taxes, for
the fiscal year 2010 -2011
1st Installment:
2nd Installment:
Penalty and Cost:
Homeowners Exemption:
Code Area:
Assessors Parcel Number:
$679,294.84 (Paid)
$679,294.84
$67,939.48 (Due after April IO)
$none
09176
211-100-09
Supplemental taxes for the fiscal year 2010 -2011 assessed pursuant to the provisions of Chapter
3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California.
1st Installment:
2nd Installment:
Penalty:
Delinquent:
Code Area:
Assessment No.:
$49,999.99 (Paid)
$49,999.99 open, delinquent
$5,009.99
10/27/2010
09176
900-000-92-00
Supplemental taxes for the fiscal year 2010 -2011 assessed pursuant to the provisions of Chapter
3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California.
1st Installment:
2nd Installment:
Penalty:
Delinquent:
Code Area:
Assessment No.:
$16,541.26 (Paid)
$16,541.26
$1,664.12
04/10/2011
09176
899-277-28-99
3. Taxes for APN: 211-100-11, Lot 19 Map No. 13408 (Not Billable), per County tax rolls.
4. An assessment by the improvement district shown below
Assessment (or Bond) No.:
Series:
District:
For:
Parcel
95-1
Carlsbad
CRL RCH Assrnnt95-1
Said assessment is collected with County/City property taxes.
CLTA Preliminary Report Form (Rev 1/1/95)
Page4
SCHEDULEB
( continued)
-Order No.: 603041285-US0
An assessment district diagram, thereof recorded June 4, 1997 as Instrument No. 1997-0262318, of
Official Records.
A notice of assessment thereof, recorded June 4, 1997 as Instrument No. 1997-0262319, of Official
Records.
5. The lien of supplemental taxes, if any, assessed pursuant to the prov1S1ons of Chapter 3.5
(commencing with Section 75) of the revenue and taxation code of the State of California
6. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
public utilities, ingress, egress
July 5, 1972 as Instrument No.72-172891, of Official Records
The exact location and extent of said easement is not disclosed of
record
7. The privilege and right to extend drainage structures and excavation and embankment slopes
beyond the limits of Palomar Airport Road, where required for the construction and maintenance of
said Street, as contained in the deed recorded September 15, 1988 as Instrument No. 88-463304, of
Official Records.
Affects Lot 18 herein described.
8. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
June 27, 1988
Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September
8, 1983
The City of Carlsbad
Drainage
September 15, 1988 as Instrument No. 88-0463305, of Official
Records
Lot 18
9. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
CLTA Preliminary Report Fonn (Rev 1/1/95)
June 27, 1988
Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September
8, 1983
The City of Carlsbad
open space and incidental purposes
September 15, 1988 as Instrument No. 88-0463306, of Official
Records
Lot 18
Page 5
SCHEDULEB
( continued)
Order No.: 603041285-USO
10. The privilege and right to extend drainage structures and excavation and embankment slopes
beyond the limits of Palomar Airport Road, where required for the construction and maintenance of
said public highway, as contained in the deed recorded September 15, 1988 as Instrument No. 88-
463310, of Official Records.
Affects Lot 18 herein described.
11. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
June 24, 1988
Carltas Company, a California limited partnership
City of Carlsbad
drainage
September 15, 1988 as Instrument No. 88-0463313, of Official
Records
Lot 18
12. A pending assessment for the District shown below. When notice of the assessment is recorded
with the County Recorder the assessment shall become a lien on said land.
District:
Disclosed By:
Recorded:
Community Facilities District No. 1
Assessment District Boundary
December 19, 1990 as Instrument No. 1990-0674118, of Official
Records
Notice of special tax lien pursuant to the requirements of Section 3114.5 of the Streets and
Highways Code and Section 53328.3 of the Government Code recorded May 20, 1991 as
Instrument No. 1991-0236959, of Official Records.
13. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
May 20, 1992
Carltas Company, a limited partnership
The City of Carlsbad
Traffic signal maintenance
July 15, 1992 as Instrument No. 1992-0443116, of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
Affects Lot 18 herein described
14. Intentionally omitted.
15. A document entitled "Hold Harmless Agreement Drainage", executed by Carlsbad Ranch
Company, L. P., and the City of Carlsbad, subject to all the terms, provisions and conditions therein
contained, recorded June 12, 1995 as Instrument No. 1995-0245821, of Official Records.
CLTA Preliminary Report Form (Rev 1/1/95)
Page6
SCHEDULEB
( continued)
Order No.: 603041285-050
16. A document entitled "Hold Harmless Agreement Geological Failure", executed by Carlsbad
Ranch Company, L. P., and the City of Carlsbad, subject to all the terms, provisions and conditions
therein contained, recorded June 12, 1995 as Instrument No. 1995-0245822, of Official Records.
17. A document entitled "Development Agreement", dated, January 6, 1996, executed by City of
Carlsbad and Lego Park Planning, Inc., subject to all the terms, provisions and conditions therein
contained, recorded March 22, 1996 as Instrument No. 1996-0141299, of Official Records.
Affects Lot 18 herein described
18. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or
restriction is controlled or permitted by any applicable federal or state law, any covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, medical condition, national origin, source of income, or ancestry" as set forth in
the document
Recorded: July 11, 1996 as Instrument No. 1996-0348524, of Official Records
Note: Section 12956.1 of the government code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income as defined in subdivision (p) of Section 12955, or
ancestry, that restriction violates state and federal fair housing laws and is void, and may be
removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for older persons shall not be
construed as restrictions based on familial status."
Note: If you should request a copy of the document referred to above, California Law requires that
a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent,
or association that provides a copy of a declaration, governing document, or deed to any person
shall place a cover Page over, or stamp on the first Page of the previously recorded document or
documents a statement, in at least 14-point boldface type, relating to unlawful restrictions.
19. A document entitled "Notice of Restriction on Real Property", dated, May 20, 1996, executed by
City of Carlsbad, Carlsbad Ranch Company, L. P., CB Ranch Enterprises, Carlsbad Estate Holding,
Inc., and National Association of Music Merchants, Inc., subject to all the terms, provisions and
conditions therein contained, recorded September 5, 1996 as Instrument No. 1996-0450388, of
Official Records.
20. A document entitled "Agreement Between Developer-Owner and the City of Carlsbad for the
Payment of a Public Facilities Fee for Inside the Boundaries of Community Facilities District
No. l", dated, December 17, 1996, executed by City of Carlsbad and Lego Land Carlsbad, Inc.,
Corporation, subject to all the terms, provisions and conditions therein contained, recorded
February 7, 1997 as Instrument No. 1997-0056338. of Official Records.
Affects Lot 18 herein described
21. An Agreement, and the terms and conditions as contained therein
Dated: February 21, 1997
CLTA Preliminary Report Form (Rev 1/1/95)
Page 7
-
By and Between:
Recorded:
Regarding:
SCHEDULEB
( continued)
Order No.: 603041285-050
Carlsbad Ranch Company, L. P., and Carlsbad Estate Holding, Inc.,
and Acknowledged and Consented to by the California Coastal
Commission
February 24, 1997 as Instrument No. 1997-0080274, of Official
Records
Open space deed restriction
Reference is hereby made to said document for full particulars.
Affects Lot 18 herein described
22. The fact that the ownership of said land does not include rights of access to or from the Street and
Highway abutting said land, such rights having been relinquished by the map of said tract.
Affects: Lot 18 adjacent to Palomar Airport Road
Said land however, abuts upon a public thoroughfare other than the road referred to above, over
which rights of vehicular ingress and egress have not been relinquished.
23. The fact that the ownership of said land does not include rights of access to or from the street,
highway, or freeway abutting said land, such rights having been relinquished by the Map of said
Tract.
Affects: Lot 19 on the South adjacent to Lots 9 and 10 as shown on said Map
No. 13408
Said land, however, abuts upon a public thoroughfare other than the road referred to above, over
which rights of vehicular ingress and egress have not been relinquished.
24. An easement for the purpose shown below and rights incidental thereto as shown or as offered for
dedication on the recorded Map shown below.
Map No.:
Easement
Purpose:
Affects:
13408
general access and public utilities and drainage
as shown on said Map No. 13408
25. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or
restriction is controlled or permitted by any applicable federal or state law, any covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, medical condition, national origin, source of income, or ancestry" as set forth in
the document
Recorded: April 1, 1997 as Instrument No. 1997-0150347, of Official Records
Note: Section 12956.1 of the government code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income as defined in subdivision (p) of Section 12955, or
CLTA Preliminary Report Form (Rev 1/1/95)
Page 8
SCHEDULEB
( continued)
Order No.: 603041285-US0
ancestry, that restriction violates state and federal fair housing laws and is void, and may be
removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for older persons shall not be
construed as restrictions based on familial status."
Note: If you should request a copy of the document referred to above, California Law requires that
a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent,
or association that provides a copy of a declaration, governing document, or deed to any person
shall place a cover Page over, or stamp on the first Page of the previously recorded document or
documents a statement, in at least 14-point boldface type, relating to unlawful restrictions.
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien
of any mortgage or Deed of Trust made in good faith and for value.
Said instrument also provides for the levy of assessments, the lien of which are stated to be
subordinate to the lien of a first mortgage or first Deed of Trust made in good faith and for value.
Among other things, said document provides:
Easements and Restrictions
26. An Unrecorded Lease affecting the premises herein described, executed by and between the parties
herein named, with certain terms, covenants, conditions and provisions set forth therein.
Lessor:
Lessee:
Recorded:
Lego Carlsbad AG, (Lego Carlsbad Inc.) a Swiss corporation
Lego Land Carlsbad, Inc., a California corporation
April 16, 1997 as Instrument No. 1997-0175999, of Official Records
The present ownership of the Leasehold created by said Lease and other matters affecting the
interest of the Lessee are not shown herein.
An assignment and assumption of Lease dated as of July 11, 2005, by and between Lego Land
Estates AG (Lego Land Estates, Inc.), a Swill corporation and Play U. S. Acquisitions Co. Inc., a
Delaware corporation, recorded August 29, 2005 as Instrument No. 2005-0744001, of Official
Records.
27. A document entitled "Landscape Maintenance and Easement Agreement", dated, April 27,
1997, executed by Carlsbad Ranch Company, L. P., a California limited partnership and Lego
Carlsbad AG (Lego Carlsbad Inc.), a Swiss corporation, subject to all the terms, provisions and
conditions therein contained, recorded April 29, 1997 as Instrument No. 1997-0197544, of Official
Records.
First amendment to landscape maintenance and easement agreement dated April 9, 1998, executed
by Carlsbad Ranch Company, L. P ., a California limited partnership and Lego Land Estates AG
(Lego Land Estates Inc.), a Swiss corporation, recorded April 27, 1998 as Instrument No. 1998-
0239009, of Official Records.
CLTA Preliminary Report Form (Rev 1/1/95)
Page 9
SCHEDULEB
( continued)
-Order No.: 603041285-US0
28. A document entitled "Hold Harmless Agreement Drainage", dated, May 29, 1997, executed by
Lego Carlsbad AG (Lego Carlsbad Inc.) a Swiss corporation, subject to all the terms, provisions
and conditions therein contained, recorded July 1, 1997 as Instrument No. 1997-0310071, of
Official Records.
29. A document entitled "Notice of Restriction on Real Property", dated, July 29, 1997, executed by
Lego Land Estates AG (Lego Land Estate3, Inc.) and City of Carlsbad, subject to all the terms,
provisions and conditions therein contained, recorded August 14, 1997 as Instrument No. 1997-
0391746, of Official Records.
30. A document entitled "Notice Concerning Aircraft Environmental Impacts Case No.: SDP 96-
14/CDP 96-16", dated, July 29, 1997, executed by Lego Land Estates AG (Lego Land Estate, Inc.),
subject to all the terms, provisions and conditions therein contained, recorded August 14, 1997 as
Instrument No. 1997-0391747, of Official Records.
31. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
October 30, 1997
Lego Land Estates (Lego Land Estates Inc.), a Swiss corporation
San Diego Gas and Electric Company, a corporation
public utilities, ingress, egress
November 6, 1997 as Instrument No. 1997-0560979, of Official
Records
Lot 18
The exact location and extent of said easement is not disclosed of record
32. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
November 10, 1997
Lego Land Estates (Lego Land Estates Inc.), a Swiss corporation
San Diego Gas and Electric Company, a corporation
public utilities, ingress, egress
December 1, 1997 as Instrument No. 1997-0603896, of Official
Records
Lot 18
33. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
CLTA Preliminary Report Form (Rev 1/1/95)
January 21, 1998
Lego Land Estates (Lego Land Estates Inc.), a Swiss corporation
Carlsbad Municipal Water District
water line easement
March 6, 1998 as Instrument No. 1998-0122320, of Official Records
Lot 18
Page IO
SCHEDULEB
( continued)
Order No.: 603041285-US0
34. A Grant Deed of waterline easement for the purpose shown below and rights incidental thereto as
set forth in a document
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
October 21, 1998
Lego Land Estates (Lego Land Estates Inc.), a Swiss corporation
Carlsbad Municipal Water District
water line easement
March 6, 1998 as Instrument No. 1998-0122321, of Official Records
Lot 18
35. A Grant Deed of waterline easement for the purpose shown below and rights incidental thereto as
set forth in a document
Dated:
Grantor:
Grantee:
Purpose:
Recorded:
Affects:
January 21, 1998
Lego Land Estates (Lego Land Estates Inc.), a Swiss corporation
Carlsbad Municipal Water District
water line easement
March 6, 1998 as Instrument No. 1998-0122322, of Official Records
Lot18
35A. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
36. Intentionally omitted
3 7. Intentionally omitted
Grand Pacific Carlsbad, L. P., a California limited partnership
storm drain easement
August 3, 2005 as Instrument No. 2005-0660417, of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
38. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded June 6, 2006 as Instrument No. 2006-0398658, of Official Records.
39. Rights of parties in possession of said land.
Matters affecting the rights of said parties are not shown herein.
40. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by the public records.
CLTA Preliminary Report Form (Rev 1/1/95)
Page 11
SCHEDULEB
( continued)
Order No.: 603041285-US0
41. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations
secured thereby
Amount:
Dated:
Trustor:
Trustee:
Beneficiary:
Recorded:
$227,272,727.00
May 21, 2007
Merlin Entertainments Group U.S. Holdings Inc., a Delaware
corporation
Chicago Title Company
Bayerische Hypo-UND Vereinsbank AG London Branch, its
successors and/or assigns
May 21, 2007 as file No. 2007-0343513 of Official Records
The terms and provisions contained in the document entitled "Amended and Restated Deed of
Trust, Assignment of Leases and Rents, Security Agreement, Financing Statement and Fixture
Filing" recorded July 8, 2008 as Instrument No. 2008-0364620 Official Records.
The terms and provisions contained in the document entitled "Second Amended and Restated Deed
of Trust, Assignment of Leases and Rents, Security Agreement, Financing Statement and Fixture
Filing" recorded November 29, 2010 as File No. 2010-0652676, Official Records.
42. An Unrecorded Lease affecting the premises herein described, executed by and between the parties
herein named, with certain terms, covenants, conditions and provisions set forth therein.
Lessor:
Lessee:
Disclosed by:
Recorded:
Merlin Entertainments Group U.S. Holdings Inc., a Delaware
corporation
Lego Land California, LLC, a Delaware limited liability company
Subordination and Attomment Agreement
May 21, 2007 as file No. 2007-0343514 of Official Records
The present ownership of the Leasehold created by said Lease and other matters affecting the
interest of the Lessee are not shown herein.
The terms and provisions contained in the document entitled "Amended and Restated
Subordination and Attomment Agreement" recorded July 8, 2008 as Instrument No. 2008-0364321
Official Records.
The terms and provisions contained in the document entitled "Second Amended and Restated
Subordination and Attomment Agreement" recorded November 29, 2010 as File No. 2010-
0652677, Official Records.
43. Intentionally omitted.
CLTA Preliminary Report Form (Rev 1/1/95)
Page 12
SCHEDULEB
( continued)
..
Order No.: 603041285-US0
44. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Notice of Restriction on Real Property
Recorded: March 24, 2010 as File No. 2010-0652676, Official Records
Reference is hereby made to said document for full particulars.
Affects Lot 18
END OF SCHEDULE B
CL TA Preliminary Report Fonn (Rev I /1/95)
Page 13
..
Order No.: 603041285-US0
INFORMATIONAL NOTES
Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the
insured may demand arbitration. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating to this policy,
any service of the Company in connection with its issuance or the breach of a policy provision or
other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued
if you wish to review the arbitration provisions and any other provisions pertaining to your Title
Insurance coverage.
Note No. 2: Your open order request indicates that a corporation formed outside of the jurisdiction
of the State of California will be acquiring, encumbering or conveying the property in your
transaction. Therefore, it is the requirement of this Company that prior to the issuance of our policy
of title insurance we be furnished an opinion by independent counsel authorized to practice law in
the foreign jurisdiction, at no cost to this company, which opinion shall make the following
representations:
( 1) That counsel has reviewed and studied the articles of incorporation and any other pertinent
documents in light of the applicable laws of that jurisdiction;
(2) That the corporation was properly incorporated in that jurisdiction;
(3) That the corporation is presently in good standing in that jurisdiction;
(4) That the corporation has both the power and authority to own property in the United
States/State of California, both under its articles and the laws of the jurisdiction;
(5) That the named person(s) who will execute documents (if any) on behalf of the corporation
is/are authorized to do so.
MBB/1 st amend
CLTA Preliminary Report Fonn (Rev 1/1/95)
Page 14
-CHICAGO TITLE INSURANCE COMPANY
Fidelity National Financial Group of Companies' Privacy Statement
July 1, 2001
We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws.
We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to
whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy
Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with
applicable privacy laws.
In the course of our business, we may collect Personal Information about you from the following sources:
• From applications or other forms we receive from you or your authorized representative;
• From your transactions with, or from the services being performed by, us, our affiliates or others;
• From our Internet web sites;
• From the public records maintained by government entities that we wither obtain directly from those entities, or
from our affiliates or others; and
• From consumer or other reporting agencies
Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or
intrusion. We limit access to the Personal Information only to those employees who need such access in connection with
providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate
settlement service providers. We may also disclose your Personal Information:
• To agents, brokers or representatives to provide you with services you have requested;
• To third-party contractors or service providers who provide services or perform marketing or other functions on our
behalf; and
• To others with whom we enter into joint marketing agreements for products or services that we believe you may
find of interest.
In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to
do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise
permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any
agreement, transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such
documents may contain your Personal Information.
Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom
your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or
deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the
costs incurred in responding to such requests.
All requests must be made in writing to the following address:
Multiple Products or Services:
Privacy Compliance Officer
Fidelity National Financial, Inc.
601 Riverside Drive
Jacksonville, FL 32204
If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We
apologize for any inconvenience this may cause you.
Privacy Statement ( I 0-21-03)
... .._., "-'
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this
policy;
( c) resulting in no loss or damage to the insured claimant;
( d) attaching or created subsequent to Date of Policy; or resulting in loss or damage which would not have been sustained if the insured
claimant had paid value for he insured mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is
situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights
laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the
land which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,
and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
Exceptions and Exclusions
...
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting
from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building
and zoning ordinances and also laws and regulations concerning:
• land use
• improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at
Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the
taking
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8
of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in Item 3 of Schedule A
OR
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions, you are not insured against loss, cost, attorneys' fees and expenses resulting from:
I. Someone claiming an interest in your land by reason of:
A Easements not shown in the public records
B. Boundary disputes not shown in the public records
C. Improvements owned by your neighbor placed or you land
2. If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Units,
Item 12 of Covered Title Risks does not insure you against loss costs attorneys' fees, and expenses resulting from:
A The forced removal of any Additional Dwelling Unit, or,
B. The forced conversion of any Additional Dwelling Unit back to its original use.
if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or
government regulation.
Exceptions and Exclusions
..
· CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/17/98)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting
from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances,
laws and regulations concerning:
a. Building
b. Zoning
C. Land use
d. Improvements on Land
e. Land division
f. Environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement
appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17, or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building
codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public
Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the
taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or
25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
Exceptions and Exclusions
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT -FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the
character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or
a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,
but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the
rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant
and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an
insured under this policy;
( c) resulting in no loss or damage to the insured claimant;
( d) attaching or created subsequent to Date of Policy ( except to the extent that this policy insures the priority of the lien of
the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein
as to assessments for street improvements under construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or
the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the
state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction
evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or
materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is
contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the
indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
Exceptions and Exclusions
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT -FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT -FORM 1 COVERAGE
(Continued)
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of
the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent
transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable
subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy forms 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 General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which
arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an
inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)
water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public
records.
Exceptions and Exclusions
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this
policy;
( c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
( e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest
insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy forms 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 General Instructions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the
land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,
and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
Exceptions and Exclusions
',..__,,,, ....,,..,,,
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this
policy;
( c) resulting in no loss or damage to the insured claimant;
( d) attaching or created subsequent to Date of Policy ( except to the extent that this policy insures the priority of the lien of the insured
mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for
street improvements under construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is
situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This
exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26.
7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made
after the insured has knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this
policy. This exclusion does not limit the coverage provided in Covered Risk 8.
8. Lack of priority of the lien of the insured Mortgage as to each and every advance made after Date of Policy, and all interest charged
thereon, over liens, encumbrances and other matters affecting the title, the existence of which are known to the insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of
interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the
coverage provided in Covered Risk 8.
9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance
with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the
Public Records at Date of Policy.
Exceptions and Exclusions