Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
HDP 2020-0001; COLLEGE BOULEVARD MITIGATION; Hillside Development Permit (HDP)
(, .. ,r c . ..,. t' '--11ty 0 Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care (Large) D Minor D Environmental Impact Assessment 1K] Habitat Management Permit l l Minor (FOR DEPT. USE ONLY) Legislative Permits D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change D Amendment D Amendment 18] Hillside Development Permit D Minor 1-~--t><-P.w::::'--,...-'Oe::.....::o::...cO::..il O Zone Code Amendment D Nonconforming Construction Permit South Carlsbad Coastal Review Area D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan [81 Special Use Permit D Minor IBJ Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor Permits D Review Permit D Administrative D Minor O Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) B NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT'. PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): 209-060-71, 72 LOCATION OF PROJECT: 2820 Sunny Creek Road, Carlsbad CA 92010 (STREET ADDRESS) NAME OF PROJECT: College Boulevard Mitigation BRIEF DESCRIPTION OF PROJECT: Reissue permits for the enhancement of existing riparian forest and upland habitat, plus creation of new wetlands PROJECT VALUE (SITE IMPROVEMENTS) NA ESTIMATED COMPLETION DATE NA FOR CITY USE ONLY Development No. t:?€ V 14-0 3 / Lead Case No. H D ('./ 2,e) W ~ O ~ 0 I P-1 Page 1 of 6 Revised 03/17 OWNER NAME (PLEASE PRINT) INDIVIDUAL NAME Kurt Wickham (if applicable): COMPANY NAME WP Golf & Equestrian LLC (if applicable): MAILING ADDRESS: 5800 Armada Drive, Suite 100 CITY, STATE, ZIP: Carlsbad, CA 92009 TELEPHONE: 760-602-5827 EMAIL ADDRESS: kwickham@westpartners.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSE!S-t~ T!:l-l-tr?'i11!1~1ATION. APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME Kurt Wickham (if applicable): COMPANY NAME West Nonpublic Holdings, LLC (if applicable): MAILING ADDRESS: 5800 Armada Drive, Suite 100 CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: 760-602-5827 EMAIL ADDRESS: kwickham@westpartners.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE z/7 /2-a DAfE f APPLICANT'S REPRESENTATIVE (Print): Howes, Weiler, Landy -Planning & Engineering MAILING ADDRESS: 2888 Loker Avenue East, #217 CITY, STATE, ZIP: Carlsbad, CA 92010 TELEPHONE: 760-929-2288 EMAIL ADDRESS: pzabrocki@hwl-pe.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ~ IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH T~~~l'\J INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of 6 RECEIVED FEB 1 ! 2020 CITY OF CARLSBAD PLANN!!\!G !J!V!S'.CN DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 03/17 (city of Carlsbad DISCLOSURE STATEMENT P-1{A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Kurt Wickham Corp/Part West Nonpublic Holdings, LLC Title Vice President Title -------------- Address __________ _ Address 5800 Armada Drive, Suite 100, Carlsbad CA 92008 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Kurt Wickham Title Vice President Address __________ _ Corp/Part WP Golf & Equestrian LLC Title _____________ _ Address 5800 Armada Drive, Suite 100 Carlsbad, CA 92008 Page 1 of 2 Revised 07/10 • 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit!Trust________ Non Profit!Trust. _________ _ Title Title -------------------------- Address _________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes Iv! 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. ~~7/2., ~$0 Kurt Wickham Kurt Wickham Print or type name of owner Print or type name of applicant re of owner/applicant's agent if applicable/date Patrick Zabrocki Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 I"'-. ___ ·-------------· ------------ C_cicyof Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: College Boulevard Mitigation Project APPLICANT NAME: West Nonpublic Holdings, LLC 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: See attached addendum sheet. P-1(8) Page 1 of 1 Revised 07/10 Background C 0 College Boulevard Mitigation Project Description February 2020 This application is for a Hillside Development Permit (HDP), Special Use Permit (SUP), Habitat Management Plan (HMP), and for a Minor Subdivision (MS) to allow for the implementation of habitat mitigation associated with the development of College Boulevard Reach "A" on two parcels (APN 209-060-71, 72) totaling 17.44 acres (16.43 net acres) located north of the intersection of College Boulevard and Sunny Creek Road and south of the intersection of Cannon Road and College Boulevard, within Local Facilities Management Zone 15. This application is being made to continue previously approved permits that have expired (HOP 14-04, SUP 14-03, HMP 14-02, and MS 14-10). The project proposed in this application is the exact same project as was previously approved. The proposed College Boulevard Mitigation project consists of the enhancement and preservation of sensitive wetland and riparian habitat, as well as the creation of new wetland, riparian and upland habitat areas adjacent to Agua Hedionda Creek. The creek is currently narrowly incised and flows from east to west through the central portion of the project site. The proposed project satisfies the biological resources mitigation measures set forth in Environmental Impact Report, EIR 98-02 (State Clearinghouse No. 99111082), as it relates to the future construction of College Boulevard Reach A, which represents the missing link between the northern and southern extents of College Boulevard, a major arterial road. In conjunction with development of the road, a bridge will be extended over Agua Hedionda Creek. The bridge is adjacent to and immediately east of the project site. The development of College Boulevard, including the bridge, have already been analyzed and approved pursuant to EIR 98-02. The focus of the subject application is purely on the implementation of the biological habitat mitigation for the development of College Boulevard Reach A. Environmental Setting The existing environmental setting of the subject properties can be generally characterized as semirural. Existing uses consist of an equestrian barn and stables, an equestrian training and riding school and a vacant single-family residence. Surrounding land uses include a vacant parcel to the north, a vacant commercially-zoned parcel to the south, the Sunny Creek neighborhood to the southeast consisting of single-family homes and multi-family apartments, and a single-family home and the Rancho Carlsbad golf course to the west. Agua Hedionda Creek, which is currently narrowly incised, flows from east to west through the central portion of the project site. The elevation of the flow line of the creek drops nine feet through the project site, ranging from 60' as it enters on the east side under the College Boulevard right-of-way to 51'above mean sea level (MSL) as it enters the golf course to the west. The southern half of the project site (APN 209-060-72) is generally flat and ranges in elevation from 51' to 75' above MSL. The northern half of the site (APN 209-060-71), steeply climbs in College Boulevard Mitigation Project February 2020 ' .. elevation from 51' to 112 above MSL. The central portion of the project site is located in the floodway, while a majority of the overall project site is currently located in the floodplain. The entire project site is located within a Standards Area pursuant to the Habitat Management Plan (HMP). Project Description The project site, consisting of two privately-owned parcels (APN 209-060-71, 72) totaling 17.44 acres {16.43 net acres), is located north of the intersection of College Boulevard and Sunny Creek Road and south of the intersection of Cannon Road and College Boulevard. Access to the site is provided by a dirt road extending from the southern terminus of College Boulevard. The site is also located within the boundaries of the Zone 15 Local Facilities Management Plan. APN 209-060-71, the northern parcel, is 6.49 acres in size (6.02 net acres) and has a General Plan Land Use designation and zoning designation of Open Space (OS). APN 209-060-72, the southern parcel, is 10.95 acres in size {10.41 net acres) and has a split General Plan Land Use designation of Open Space (OS) and R-4 Residential (R-4) density and a split zoning designation of Open Space (OS) and One Family Residential (R-1). The mitigation area comprises 8.6 acres of the total project area (5.5 acres of upland mitigation area and 3.1 acres of wetland mitigation area). With exception to a few of the stables located at the southeastern corner of the project site, all of the structures will be demolished to implement the proposed habitat mitigation project. Ultimately, the remaining stables will be demolished in conjunction with the development of College Boulevard Reach A. Grading proposed in conjunction with the creation of the mitigation area includes the addition of a contour-graded 2:1 slope adjacent to the northern and southern limits of the new wetland area and the widening of the creek bed. A total of 73,300 cubic yards of cut and 470 cubic yards of fill is proposed. As a result, a total of 72,830 cubic yards is proposed to be exported from the site. The applicant has indicated that the exported material will be utilized in conjunction with the development of College Boulevard Reach A. A 100-foot-wide wetland buffer is proposed from the outer limits of the newly created wetland mitigation area. With exception to the bio- retention basin, which is an allowable encroachment, no development will be allowed within this buffer. The discretionary applications requested to implement the mitigation project are summarized below. Hillside Development Permit. An HOP is proposed to allow for grading in an area which has existing slopes which exceed a gradient of 15% and an elevation differential of 15 feet or more. College Boulevard Mitigation Project February 2020 C 0 Special Use Permit. A SUP is proposed for grading in the existing 100-year floodplain. As part of the proposed project, the existing floodplain limits will be modified as a result of the grading proposed in conjunction with the habitat mitigation area. Habitat Management Plan. The entire project site (APNs 209-060-71, -72) is located in a Standards Area. Pursuant to the city's Habitat Management Plan (HMP), Consistency Findings are required to be processed to remove Parcels C and D from the Standards Area and convert Parcel C to a Hardline Area. In addition, an HMP is required to permanently preserve the sensitive riparian and upland habitat. College Boulevard Mitigation Project February 2020 .. ( City of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): [j] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application.!!:!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: West Nonpublic Holdings, LLC Address: 5800 Armada Drive, #100 Carlsbad CA 92008 Phone Number: 760-602-5827 PROPERTY OWNER Name: WP Golf & Equestrian LLC Address: 5800 Armada Drive, #100 Carlsbad CA 92008 Phone Number: 760-602-5827 Address of Site: 2820 Sunny Creek Road, Carlsbad CA 92010 Local Agency (City and county): City of Carlsbad, County of San Diego Assessor's book, page, and parcel number:_2_0_9_-_0_6_0_-_7_1_, _7_2 ___________ _ Specify list(s):_N_A __________________________ _ Regulatory Identification Number:_N_A ____________________ _ Date of List: NA ----------------------------- ~~ Applicant Signature/Date z/7/zo 26/w 1 Property Owner Signature/Date I The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 ( Cicyof Carlsbad EIA INFORMATION FORM P-1(0) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1(0) Page 1 of 4 Revised 07/10 C ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: 're(l;t.v.NZ-"i \ \ 'Z-•:>?0 (To be completed by City) Application Number(s): HP~Wl0-0001 t~e2ou,-OCX>Z ( titteww-oooi:t l t1~ ?cZ.0--f)(}eJ General Information 1. Name of project: College Boulevard Mitigation 2. Name of developer or project sponsor: West Nonpublic Holdings, LLC Address: 5800 Armada Drive, Suite 100 City, State, Zip Code: Carlsbad, CA 92008 Phone Number: 760-602-5827 3. Name of person to be contacted concerning this project: Patrick Zabrocki Address: 2888 Loker Avenue East, Suite 218 City, State, Zip Code: Carlsbad, CA 92010 Phone Number: 760-929-2288 4. Address of Project: 2816 Sunny Creek Road Assessor's Parcel Number: 209-060-71 , 72 --------------------- 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: HMP 14-02, HOP 14-04, SUP 14-03, MS 14-10 6. Existing General Plan Land Use Designation: _O_p_e_n_S_p_a_c_e _________ _ 7. Existing zoning district: _O_p_e_n_S_p_a_c_e ________________ _ 8. Existing land use(s): Horse barn and stables 9. Proposed use of site (Project for which this form is filed): _O_p_e_n_s_p_a_c_e ______ _ Project Description 10_ Site size: 17.44 acres (gross)/ 16.43 acres (net) 11. 12: 13. 14. P-1(D) Proposed Building square footage: _N_A ______________ ___.;.. __ _ Number of floors of construction: _N_A __________________ _ Amount of off-street parking provided: _N_A ________________ _ MND for College Boulevard Mitigation· GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10 Associated projects: _______________________ _ Page 2 of 4 Revised 07/10 - 15. If residential, include the number of units and schedule of unit sizes: NA ---------- 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _N_A ____________________ _ 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _N_A ____ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _NA _______ _ 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: _N_A ___________________ _ P-1(0) Page 3 of 4 Revised 07/10 - Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial lZI D alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D lZI roads. 22. Change in pattern, scale or character of general area of project. D lZI 23. Significant amounts of solid waste or litter. D [ZJ 24. Change in dust, ash, smoke, fumes or odors in vicinity. D [ZJ 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or [ZJ D alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D [ZJ 27. Site on filled land or on slope of 1 O percent or more. D lZI 28. Use of disposal of potentially hazardous materials, such as toxic substances, D lZI flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D lZI etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D [ZJ 31. Relationship to a larger project or series of projects. lZI D Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: d-/11 / ~c) Signature:~k~---~ ~ ~ 7 For: P-1 (D} Page 4 of 4 Revised 07/10 College Boulevard Mitigation Project EIA Description 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. The Project spans from the intersection of College Boulevard and Sunny Creek Road through vacant land north. Elevations on the project range from approximately 78 to 100 feet above mean sea level (AMSL). Vegetation in the study area consists of vacant agriculture with remnant patches of native upland vegetation; the native wetland/riparian vegetation in Agua Hedionda Creek; otherwise, the project site largely consists of disturbed lands associated with the previous equestrian uses. Soils on the project site are mapped as Huerhuero loam nine to 30 percent slopes, Riverwash, Salinas clay loam two to nine percent slopes, Tujunga sand zero to five percent slopes, and Visalia sandy loam two to five percent slopes. One previously recorded cultural resource (SDl-14,809) was identified within the project area as a result of the records searches. The archaeological survey of the Dos Colin as/College Boulevard Mitigation Project Area of Potential Effect (APE) was conducted on June 11, 2014. However, an archaeological survey did not identify the presence of any cultural resources within the site location mapped within the project boundary or within the remainder of the property. Barn structures associated with the equestrian facilities are the only structures on site but are mostly blocked from view by the riparian vegetation. 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. College Boulevard and a vacant property lies south of the project. The Rancho Carlsbad Golf Course is to the west of the project. Agricultural lands are to the north and the east of the project. Sunny Creek Apartments (2-and 3-story) and the Terraces single family home neighborhood (2-story) are located to the southeast of the project site. t~ HOWES IWEILER II.ANDY PUNNING & ENGINEERING College Boulevard Mitigation Project EIA ATTACHMENT 1 -SITE PHOTOGRAPHS Photo 1: From terminus of College Blvd looking Nat the site. Photo 2: Agua Hedionda Creek and associated habitat. Photo 3: Stables in the central portion of the project site. Photo 4: From SE part of site looking N at the riparian habitat. tiinil HOWES IWEllER I LANDY A.ANNINO A ENGINEERING College Boulevard Mitigation Project EIA ATTACHMENT 2 -SURROUNDING SITE PHOTOGRAPHS Photo 1: Terraces homes from near College and Sunny Creek Road intersection. Photo 2: Golf course and stables along western boundary. Photo 3: Agriculture to the N of the project site. Photo 4: Agriculture to the N of the project site. (city of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: """\ ------------ Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please•==~ Applicant Signature: ~ = - Staff Signature: -+-~-1-===J+~f..,,...~------------ Date: __ o=~-;li-a.•~•J"""z."""o'--=i..o=------------- To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 ('city of Carlsbad TENTATIVE PARCEL MAP WAIVER OF PROCESSING TIME LIMITS P-1(F) Proposed Minor Subdivision No.: M~'2.oU>-00ot Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov Subdivision Map Act (SMA) Section 66452.1 sets a 50-day time limit for the Planning Division to process tentative parcel maps. Per SMA Section 66451.1, this time limit may be extended by mutual consent of the applicant and the city to allow for concurrent processing of related approvals or an environmental review of the project. By accepting applications for tentative parcel maps concurrently with applications for other approvals that are prerequisites to the map (e.g., Environmental Information Form, Environmental Impact Report, Condominium Permit, Planned Unit Development), the 50-day time limit is often exceeded. For the city to process a tentative parcel map application concurrently, the property owner or applicant must sign this agreement. If this agreement is not signed, the city will accept the tentative parcel map application only after all prerequisites to the map have been processed and approved. The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time restriction and hereby waives such time restriction for city planner action. ~ t:::,...,,,.(,,(),~m .::z./7~ ~ Print Name Date P-1 (F) Signer is (check one): ~roperty Owner □Applicant Rev. 04/13 ~FN T G "1. CIIICA<JOTITLF G f"ldellty Satlonal Title· (I Conmonwealtti BUILDER SERVICES 2365 Northside Drive, Suite 600 San Diego, CA 92108 Phone: (619) 521-3500 Fax: (619) 521-3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00123505-996-SD1-CF2 West Nonpublic Holdings, LLC 5800 Armada Drive, Suite 100 Carlsbad, CA 92008 ATTN: KurtK. Wickham Email: kwickham@westpartners.com REF: Escrow/Customer Phone: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@ctt.com PROPERTY: 2816 & 2820 SUNNY CREEK RD., CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company ~ By:--~----- Authorized Signature CLTA Preliminary Report Form -Modified (l 1/17/06) • S...rrt.-ry RECEIVED FEB 11 2020 CITY Of CARLSBAD PLANNING DIVISION Pagel C ~FN T G :,s. Cllll'AGOTITLF • f'idelity National ·nttc· .. - I BUILDER SERVICES PRELIMINARY REPORT EFFECTIVE DATE: January 9, 2020 at 7:30 a.m. ORDER NO.: 00123505-996-SD1-CF2 The fonn of policy or policies oftitle insurance contemplated by this report is: A Preliminary Report Only 0 2365 Northside Drive, Suite 600 San Diego, CA 92108 Phone: (619) 521-3500 Fax: (619) 521-3608 1. THE EST A TE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY TIIlS REPORT IS: AFEE 2. TITLE TO SAID ESTA TE OR INTEREST AT THE DA TE HEREOF IS VESTED IN: WP GOLF AND EQUESTRIAN, LLC, a California limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form -Modified (11/17/06) Page2 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00123505-996-SDI-CF2 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: APN 209-060-71-00 THAT PORTION OF LOT B OF RANCHO AGUA HEDIONDA IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL A OF ADJUSTMENT PLAT 05-14, RECORDED MARCH 27, 2007 AS FILE NO. 2007-0205887, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL SOUTH 81°34'4511 EAST 582.19 FEET TO THE NORTHEAST CORNER OF PARCEL 3 OF THE LAND DESCRIBED IN DEED TO RANCHO CARLSBAD PAR1NERS RECORDED OCTOBER 21, 2005 AS FILE NO. 2005-0911720 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3 SOUTH 13°32'35" WEST 114.38 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 67°35'40" EAST 44.98 FEET; THENCE SOUTH 33°09'38" EAST 90.82 FEET; THENCE NORTH 85°40'16" EAST 237.25 FEET; THENCE SOUTH 87°16'37" EAST 51.00 FEET TO A POINT ON A NON-TANGENT 1400.00-FOOT RADIUS CURVE, SAID POINT ALSO BEING THE EAST LINE OF SAID PARCEL A, CONCAVE WESTERLY, A RADIAL THROUGH SAID POINT BEARS SOUTH 87°16'36" EAST; THENCE SOUTHERLY ON SAID EAST LINE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°16'11" AN ARC DISTANCE OF 397.54 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL A; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID PARCEL, NORTH 71°00'26" WEST 51.00 FEET; THENCE NORTH 47°48'2211 WEST 109.00 FEET; THENCE NORTH 34°31'23" WEST 74.25 FEET; THENCE NORTH 51°42'45" WEST 60.82 FEET; THENCE NORTH 67°05'36" WEST 190.23 FEET; THENCE NORTH 72°36'06" WEST 238.34 FEET; THENCE NORTH 86°55'17" WEST 94.33 FEET; THENCE NORTH 69°38'23" WEST 78.83 FEET; THENCE NORTH 59°41'0611 WEST 137.28 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL A; THENCE NORTHERLY ALONG THE WEST LINE OF SAID PARCEL, NORTH 13°32'3511 EAST 234.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL BEING DESCRIBED AS PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 13, 2007 AS INSTRUMENT NO. 2007-0603110 OF OFFICIAL RECORDS. PARCEL B: APN: 209-060-72-00 THAT PORTION OF LOT B OF RANCHO AGUA HEDIONDA IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT "B" AS SHOWN ON RECORD OF SURVEY MAP NO. 17348, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 12, 2002 AS FILE NO. 2002-0308511; THENCE ALONG THE WESTERLY LINE OF SAID LOT "B", SOUTH 00°14'31" WEST 1093.00 FEET (RECORD SOUTH 00°06'00" WEST 1093.50 FEET); THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 87°25'25" EAST 1132.85 FEET (RECORD SOUTH 87°45'00" EAST 1133.00 FEET); THENCE SOUTH 13°34'4411 WEST 299.92 FEET; THENCE SOUTH 13°32'38" WEST 249.90 FEET (RECORD SOUTH 13°16'3011 WEST 550.00 FEET) TO THE NORTHWEST CORNER OF PARCEL 4 OF THE LAND DESCRIBED IN DEED TO CARLSBERG RANCHO, LTD., ET AL, RECORDED DECEMBER 21, 2000 AS FILE NO. 2000-0699587; THENCE SOUTH 13°32'35" WEST 234.00 FEET (RECORD SOUTH 13°16'30" WEST 234.00 FEET) TO THE SOUTHWEST CORNER OF SAID PARCEL 4, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO CARSLBERG RANCHO, LTD., ET AL, RECORDED MARCH 18, 2002 AS FILE NO. 2002-0224112, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID LAND, SOUTH 13°32'3511 WEST 525.86 FEET (RECORD SOUTH 13°05'0011 WEST 526.30 FEET); THENCE ALONG THE SOUTHERLY LINE OF SAID LAND, SOUTH 76° 11 '42" EAST 444.89 FEET (RECORD SOUTH 76°55'00" EAST 445,00 FEET); THENCE SOUTH 63°49'29" EAST 279.99 FEET (RECORD SOUTH 64°25'00" CL TA Preliminary Report Form -Modified (l l/l 7 /06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: C EXHIBIT A (Continued) Chicago Title Company ORDER NO.: 00123505-996-SDI-CF2 EAST 279.38 FEET); THENCE SOUTH 26°10'31" WEST 14.32 FEET (RECORD SOUTH 02°35'00" WEST 14.66 FEET) TO A POINT ON A NON-TANGENT 40.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE OF SAID CURVE BEARS NORTH 74°41'58" EAST (RECORD NORTH 74°10'25" EAST) TO SAID POINT, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68°21'28" (RECORD 68°26'44") A DISTANCE OF 47.72 FEET (RECORD 47.78 FEET); THENCE SOUTH 67°00'50" EAST (RECORD SOUTH 67°31'43" EAST) 202.53 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 22°55'15" EAST 379.99 FEET TO A POINT ON A 1400.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°55'41" A DISTANCE OF 95.98 FEET; THENCE NORTH 71°00'26" WEST 51.00 FEET; THENCE NORTH 47°48'22" WEST 109.00 FEET; THENCE NORTH 34°31'23" WEST 74.25 FEET; THENCE NORTH 51°42'45" WEST 60.82 FEET; THENCE NORTH 67°05'36" WEST 190.23 FEET; THENCE NORTH 72°36'06" WEST 238.35 FEET; THENCE NORTH 86°55'17" WEST 94.33 FEET; THENCE NORTH 69°38'23" WEST 78.82 FEET; THENCE NORTH 59°41'06" WEST 137.28 FEET TO THE TRUE POINT OF BEGlNNING. SAID PARCEL BEING DESCRIBED AS PARCEL D OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 2007 AS INSTRUMENT NO. 2007-0205890 OF OFFICIAL RECORDS. CLTA Preliminary Report Form -Modified (11/17/06) Page4 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00123505-996-SDI-CF2 EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A.. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2020-2021. B. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 209-060-71-00 2019-2020 $5,004.99, PAID. $5,004.99, OPEN (Delinquent after April 10) $510.49 $0.00 09162 Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 209-060-72-00 2019-2020 $8,670.55, PAID. $8,670.55, OPEN (Delinquent after April 10) $87705 $0.00 09162 C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. MATTERS AFFECTING PARCEL A: 1. The rights of the public in and to that portion of the herein described land lying within College Blvd. 2. The effect, if any, of Record of Survey Map 517, which sets forth, or purports to set forth, certain dimensions and bearings of the herein described property. 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress July 23, 1959 in Book 7787, page 15 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress July 23, 1959 in Book 7787, page 75 of Official Records The route thereof affects a portion of said land and is more fully described in said document. CL TA Preliminary Report Form -Modified ( 11/17 /06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: C EXCEPTIONS (Continued) 0 Chicago Title Company ORDER NO.: 00123505-996-SD1-CF2 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego County Drainage Maintenance District No. 1 Flowage of waters and incidental purposes March 24, 1975 as Instrument No. 75-66441 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 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 County Flood Control District Flowage of water and incidental purposes March 24, 1975 as Instrument No. 66442 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress March 25, 1975 as Instrument No. 75-067227 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress March 31, 1975 as Instrument No. 75-7 I 988 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 9. The fact that said land lies within the Community Facilities District No. 1 of the City of Carlsbad, as disclosed by document recorded December 19, 1990 as Instrument No. 90-0674118 of Official Records. Notice of Special Tax Lien by the City of Carlsbad, Community Facilities District No. 1 recorded May 20, 1991 as Instrument No. 91-0236959 of Official Records. 10. The effect, if any, of Record of Survey Map No. 13868, which sets forth, or purports to set forth, certain dimensions and bearings of the herein described property. 11. The fact that said land lies within the Community Facilities District No. 2, Carlsbad Unified School District, as disclosed by document recorded October 7, 1992 as Instrument No. 92-0637693 of Official Records. 12. The effect, if any, of Record of Survey Map No. 13994, which sets forth, or purports to set forth, certain dimensions and bearings of the herein described property. 13. The terms and provisions contained in the document entitled "Protest Waiver Agreement" recorded September 7, 1995 as Instrument No. 1995-0398034 of Official Records. CLTA Preliminary Report Form -Modified (11/17/06) Page6 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00123505-996-SDI-CF2 EXCEPTIONS (Continued) 14. An unrecorded Agreement for the Exchange of Real Property and Mutual Development dated as of November_, 1999 as disclosed by the document recorded November 5, 1999 as Instrument No. I 999-0739485 of Official Records. 15. The effect, if any, of Record of Survey Map No. 17348, which sets forth, or purports to set forth, certain dimensions and bearings of the herein described property. 16. The terms and provisions contained in the document entitled Lot Line Adjustment Agreement recorded April 21, 2006 as Instrument No. 2006-0279842 of Official Records. 17. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The City of Carlsbad, a municipal corporation Public Street, Public Utility and Incidental Purposes March 27, 2007 as Instrument No. 2007-0205883 of Official Records The easterly 51 feet of said land as shown and described is said document 18. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The City of Carlsbad, a municipal corporation Public Street, Public Utility March 27, 2007 as Instrument No. 2007-0205884 of Official Records The Easterly 51 feet of said land 19. Abutter's rights of ingress and egress to or from College Boulevard have been relinquished in the document recorded March 27, 2007 as Instrument No. 2007-0205885 of Official Records. 20. Abutter's rights of ingress and egress to or from College Boulevard have been relinquished in the document recorded March 27, 2007 as Instrument No. 2007-0205886 of Official Records. 21. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a Record of Survey No. 20046 MATTERS AFFECTING PARCEL B: 22. The rights of the public in and to that portion of the herein described land lying within College Blvd. 23. The effect, if any, of Record of Survey Map 517, which sets forth, or purports to set forth, certain dimensions and bearings of the herein described property. 24. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress October 20, 1948 in Book 2988, page 343 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 25. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. San Diego Gas and Electric Company CL TA Preliminary Report Form -Modified ( I 1/17 /06) Page? PRELIMINARY REPORT YOUR REFERENCE: Purpose:. Recorded:. Affects:. C EXCEPTIONS (Continued) public utilities, ingress, egress Chicago Title Company ORDER NO.: 00123505-996-SDI-CF2 October 20, 1948 in Book 2988, page 430 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 26. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress April 19, 1951 in Book 4063, page 117 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 27. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress July 23, I 959 in Book 7787, page 75 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 28. 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 January 13, 1969 as Instrument No. 6807 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 29. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Carlsbad Municipal Water District Pipeline or pipelines and incidental purposes February 13, 1970 as Instrument No. 25854 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 30. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego County Drainage Maintenance District No. I Flowage of waters and incidental purposes March 24, 1975 as Instrument No. 75-66441 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 31. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego County Flood Control District Flowage of water and incidental purposes March 24, 1975 as Instrument No. 66442 of Official Records The route thereof affects a portion of said land and is more fully described in said document. CL TA Preliminary Report Form -Modified (11/17/06) Page 8 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00123505-996-SDI-CF2 32. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The City of Carlsbad Public utility and storm drain and incidental purposes April 9, 1985 as Instrument No. 85-0120616 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 33. The fact that said land lies within the Community Facilities District No. 1 of the City of Carlsbad, as disclosed by document recorded December 19, 1990 as Instrument No. 90-0674118 of Official Records. Notice of Special Tax Lien by the City of Carlsbad, Community Facilities District No. 1 recorded May 20, 1991 as Instrument No. 91-0236959 of Official Records. 34. The effect, if any, of Record of Survey Map No. 13868, which sets forth, or purports to set forth, certain dimensions and bearings of the herein described property. 35. The fact that said land lies within the Community Facilities District No. 2, Carlsbad Unified School District, as disclosed by document recorded October 7, 1992 as Instrument No. 92-0637693 of Official Records. 36. The effect, if any, of Record of Survey Map No. 13994, which sets forth, or purports to set forth, certain dimensions and bearings of the herein described property. 37. The terms and provisions contained in the document entitled "Protest Waiver Agreement" recorded September 7, 1995 as Instrument No. 1995-0398034 of Official Records. 38. An unrecorded Agreement for the Exchange of Real Property and Mutual Development dated as of November __ , 1999 as disclosed by the document recorded November 5, 1999 as Instrument No. 1999-0739485 of Official Records. 39. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose:. Recorded:. Affects:. Public drainage and incidental purposes March 13, 2000 as Instrument No. 2000-0125914 of Official Records As described therein 40. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The City of Carlsbad Construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose April 11, 200 I as Instrument No. 2001-0221300 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 41. The effect, if any, of Record of Survey Map No. 17348, which sets forth, or purports to set forth, certain dimensions and bearings of the herein described property. 42. The terms and provisions contained in the document entitled Lot Line Adjustment Agreement recorded April 21, 2006 as Instrument No. 2006-0279842 of Official Records. 43. An easement for the purpose shown below and rights incidental thereto as set forth in a document. CLTA Preliminary Report Form -Modified (11/17/06) Page9 C PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00123505-996-SDI-CF2 Granted To:. Purpose:. Recorded:. Affects:. EXCEPTIONS (Continued) The City of Carlsbad, a municipal corporation Public Street, Public Utility and Incidental Purposes March 27, 2007 as Instrument No. 2007-0205883 of Official Records The easterly 51 feet of said land as shown and described is said document 44. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The City of Carlsbad, a municipal corporation Public Street, Public Utility March 27, 2007 as Instrument No. 2007-0205884 of Official Records The Easterly 51 feet of said land 45. Abutter's rights of ingress and egress to or from College Boulevard have been relinquished in the document recorded March 27, 2007 as Instrument No. 2007-0205885 of Official Records. 46. Abutter's rights of ingress and egress to or from College Boulevard have been relinquished in the document recorded March 27, 2007 as Instrument No. 2007-0205886 of Official Records. 47. An easement for the purpose shown below and rights incidental thereto as set forth in a document. City of Carlsbad, a municipal corporation Public sewer and access purposes December 5, 2007 as Instrument No. 2007-0755947 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 48. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a record of survey Record of Survey No.:. 20046 MATTERS AFFECTING BOTH PARCELS: 49. Please be advised that our search did not disclose any open Deeds of Trust ofrecord. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 50. Water rights, claims or title to water, whether or not disclosed by the public records. 51. Matters which may be disclosed by an inspection and/or by a correct ALT A/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 52. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. CL TA Preliminary Report Form -Modified (11/17 /06) Page 10 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00123505-996-SDI-CF2 PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CL TA Preliminary Report Form -Modified ( 1 1/17 /06) Page 11 PRELIMINARY REPORT YOUR REFERENCE: C REQUIREMENTS SECTION 0 Chicago Title Company ORDER NO.: 00123505-996-SD1-CF2 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: WP GOLF AND EQUESTRIAN, LLC, a California limited liability company a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF REQUIREMENTS CLTA Preliminary Report Form-Modified (I 1/17/06) Page 12 PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00123505-996-SD1-CF2 I. None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 2. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as 2816 & 2820 Sunny Creek Rd., located within the city of Carlsbad, California,, to an Extended Coverage Loan Policy. 3. Note: 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. 4. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 5. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/rp CL TA Preliminary Report Form -Modified (l l/17 /06) Page 13 ··~•• C ::~~If IRE SAFE [ inquire before you wire! IV I 0 Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Wire Fraud Alert Federal Bureau of Investigation: http://www.lbi.gov Original Effective Date: 5/11/2017 Internet Crime Complaint Center: http://www.ic3.gov Page 1 Current Version Date: 5/11/2017 WIRE0016 (OSI Rev. 12/07/17) TM and© Fidelity National Financial, Inc. and/or an affiliate. All rights reserved FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective January 1, 2020 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. 1/1/2020) MISC0219 (DSI Rev. 1/2/20) Copyright © 2020. Fidelity National Financial, Inc. All Rights Reserved Page 1 Order No. 00123505-996-SDI-CF2 C • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We do share Personal Information among affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt our request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent To This Privacy Notice; Notice Changes; Use of Comments or Feedback By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the FNF Privacy Statement (Eff. 1/1/2020) MISC0219 (DSI Rev. 1/2/20) Copyright © 2020. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 00123505-996-SDI-CF2 last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. We may use comments or feedback that you submit to us in any manner without notice or compensation to you. Accessing and Correcting Information: Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, send your requests to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: FNF Privacy Statement (Eff. 1/1/2020) MISC0219 (DSI Rev. 1/2/20) Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2020. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00123505-996-SD1-CF2 C Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50%, of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RA TE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 1-10-2010 ATTACHMENT ONE 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 ( e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation offederal 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 or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One (6-5-14) CA & NV C c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One (6-5-14) CA & NV (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) Attachment One (6-5-14) CA & NV 0 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, l3(c), l3(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, l3(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19,20,21,22,23,24,27or28);or ( e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk l l(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5-14) CA & NV 8 I Ol 0 C,j O> 0 CB ~-..... '~---~- •" :' --'i ~,! b+bti"'n This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of rnle insurance is expressly modified by endorsement, if any, the Company does not Insure dimensions, distances, location of easements, acreage or other matters shown thereon. Escrow No.: Property Address: OWNER'S DECLARATION 00123505-996-SD 1-CF2 2816 & 2820 Sunny Creek Rd. Carlsbad, CA The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at 2816 & 2820 Sunny Creek Rd., Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). b. Declarant is the _____________ of _______________ _ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at 2816 & 2820 Sunny Creek Rd., Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with ____________ upon the Land in the approximate total sum of $ _____ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: ____________________ . Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Chicago Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as __________ , ___________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured lnstrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land. This declaration is made with the intention that Chicago Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ___ at Signature: Owner's Declaration MISC0220 (DSI Rev. 10/17/17) Printed: 3/23/2017 I :57 PM by RP Page 11 Escr<