HomeMy WebLinkAboutPRE 2021-0027; IONIS; Preliminary Review (PRE)--------------------------------------------,
('cityof
Carlsbad
PRELIMINARY REVIEW
REQ,UEST FORM
P-14
Community Development
· Planning Divi$ion
1635 Faraday Avenue
(7fi0) 602-4610
www.carlsbadca.gov
PROJE:CT NAME: lonis -Lots 21 & 22
Assessor's P,n•cel Number(s): Lot 21: 209:..120-23-00, Lot22: 209-120-24-00
Description of proposal (add attachment if necessary):
lonis Pharmaceuticals is expanding their Carlsbad Campus in Carlsbad Oaks North with the proposed addition of a 164,000
S.F. Research and Development building which wm be located on Whiptail Loop, in the City of Carlsbad. A 3-level 44,000 S.F.
parking structure will also be constructed on the site. Consolidation of the two lots will be part of the development permit.
Jonis would liketo minimize the grading and utilize the stepped site which is conveyed in the submittal package.
;
WQt.ild you like to orally present your proposal to your ass1gned staff planner/engineer? Yes □ No l.!J
Please list the staff m.embers you ~o1ve previously spo~en to regarding this project. Please state UN/A" if not.
February 9, 2021 with Jeremy Riddle,ShannonHarker, andMa1;tSanford
FOCUS AREA(S}: (!] Site Desig11 01,.andUse [!].Architectore 00 · Zon Ing Interpretations I!] Engineering Standards 0 Other
OWNER NAME(Pririt): APPU.<;:ANT NAME (Print):.
lonisPhatmaceutkals, Inc Jon Ohlson {c:/o QGAArchitects)
MAH.ING ADDRESS: MAlllNGAODRESS:
2855 Gazelle Col.lrt 2p59 Fi~hAve, Suite·11.s
CITYi.STATE,Zlll: CITY~ STATE, ZIP:
Carlsbad, CA 92010 San Diego, CA 92103
TELEPHONE: TELEPHONE:
760-603-.2!;i€i2 619-820-4921
EMAIL ADDRESS: EMAIL ADDRESS:
WSanders@ionisph.com Johlson@dga~sa,c:orn
I CERTIFY THAT I AM THE LEGAL OWNER AND THATALLJHE I CERiJFY iHAT I AM THE.LEGAL REPRESENTATIVE OFTHE
ABOVE INFORMATION ISTRLlE ANO CORRECT TO THE BEST OF MY OWNER AND THAT ALLTHE ABOVE INFORMATION 15 TRUE
KNOWLEOGE. ~ ;,rtt:r OF MY KNOWLEDGE. ~
/~ f-2-~-:).(-t,uRE--~ si~~ DATE
*Qwner's signature indicates permission to conduct a preliminary
.· review f(>r a development proppsal •
.
CITY USE ONLY
Project Number: P~E 'lo 2-I -00 2-1-Development Number: _D\:;v' 2..,i) 2.--l --o I '+-(
FEE REQUIRED/DATE FEE PAID: $11'f~
RECEIVED BY: ~A -0 ~ _c_r ~11}-/ r•--// r
P~14 Preflminary Review Revised; 05/20
'
City of Carlsbad -Develop~nt Services
Preliminary Review Submittal -July 8, 2021
Proposed Development Summary
lonis Pharmaceuticals
Lots 21 & 22, Whiptail Loop
lonis Pharmaceuticals is outgrowing their current lab/office space at 2855 Gazelle Court. The building
currently is housing 346 employees and has maximized the existing available space within the building
for growth. They have also utilized the 10,000 square feet reserved for future growth at their
Conference Center located at 2850 Gazelle Court, which houses an additional SO employees. The
proposed 164,833 S.F., lab/office biotech building on Lots 21 & 22 is anticipated to provide jobs for 250-
300 people.
Specific Items/Concerns to be Addressed:
1. Overall site design
2. Proposed building use, building location and hillside compliance
3. Approach to minimizing gradin~ impact through utilization of the stepped site
4. Approach to Storm Water Management
5. Approach to project utility locations
6. Building and project setbacks
7. Proposed Building height
8. Storm water requirements that will need to be addressed
9. Proposed building exterior design
10. Review of fire protection, fire access and hose throw
11. Review of proposed landscape/hardscape design and materials
12. Parking reduction justification
13. Acceptance of parking to be provided
14. Review of proposed pedestrian bridge over Whiptail Loop with connection to the Conference
Center
15. Review of optional proposed street crossing
16. Confirmation that a Minor Site Development Permit will be the next process
17. Any additional review comments or input that would assist in moving the project forward
C
Cl TA Preliminary Report Form
(Rev. 11/06)
~ ._)
Order Number: NHSC-5988788 (06)
Page Number: 1
First American Title
Ted Tchang
Techbilt Companies
3575 Kenyon Street
San Diego, CA 92110-5333
Customer Reference:
Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Property:
First American Title Company
4380 La Jolla Village Dr, Suite 200
San Diego, CA 92122
Lots 21 and 22 Carlsbad Oaks North
NHSC-5988788 (06)
Dianne Livingston
(858)410-1303
(714)913-6750
dslivingston@firstam.com
Vacant Land
carlsbad, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to
issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or
interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in
Exhibit A attached. The policy to be issued may contain an arbitration dause. When the Amount of Insurance is less than that set
forth in the arbitration dause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the
exdusive remedy of the parties. Limitations on Covered Risks applicable to the CL TA and AL TA Homeowners Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in
Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of
this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not
covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and
may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of
title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
First American Title
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Dated as of July 05, 2019 at 7:30 A.M.
0
Order Number: NHSC-5988788 (06)
Page Number: 2
Toe form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Techbilt Construction Corp., a california Corporation
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
Toe Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2019-2020, a lien not yet due or
payable.
2. Assessment liens, if applicable, collected with the general and special taxes, including but not limited
to those disclosed by the reflection of the following on the tax roll:
Community Facilities District carlsbad CFD #3 Imp 2.
3. Toe lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
california Government Code for Community Facilities District No. 1, as disclosed by Notice of Special
Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records.
Document(s) declaring modifications thereof recorded June 29, 2004 as Instrument No. 2004-
0606773 of Official Records.
4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the california Revenue and Taxation Code.
5. The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee"
recorded December 03, 1981 as Instrument No. 81-380028 of Official Records.
First American Title
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Order Number: NHSC-5988788 (06)
Page Number: 3
6. The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee"
recorded December 11, 1985 as Instrument No. 85-466658 of Official Records.
7. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property"
recorded November 09, 2004 as Instrument No. 2004-1066056 of Official Records.
8. The terms and provisions contained in the document entitled "Notice and Waiver Concerning
Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation Corridors
case No: CT 97-13" recorded November 09, 2004 as Instrument No. 2004-1066058 of Official
Records.
9. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage"
recorded December 15, 2004 as Instrument No. 2004-1180067 of Official Records.
10. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological
Failure" recorded December 15, 2004 as Instrument No. 2004-1180068 of Official Records.
11. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in
the document recorded February 05, 2007 as Instrument No. 2007-81082 of Official Records, which
provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or
deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual
orientation, familial status, disability, handicap, national origin, genetic information, gender, gender
identity, gender expression, source of income (as defined in california Government Code§ 12955(p))
or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or
california Government Code § 12955. Lawful restrictions under state and federal law on the age of
occupants in senior housing or housing for older persons shall not be construed as restrictions based
on familial status.
Note: You may wish to contact the homeowners association referred to in the above document for
information regarding assessments, transfer requirements or other matters.
Document(s) declaring modifications thereof recorded March 20, 2013 as Instrument No. 2013-
175873 of Official Records.
A declaration of annexation recorded October 25, 2016 as Instrument No. 2016-576403 of Official
Records, but deleting any covenant, condition, or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, sexual orientation, familial status, disability,
handicap, national origin, genetic information, gender, gender identity, gender expression, source of
income (as defined in california Government Code§ 12955(p)) or ancestry, to the extent such
covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code§
12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or
housing for older persons shall not be construed as restrictions based on familial status.
12. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage"
recorded September 02, 2016 as Instrument No. 2016-460153 of Official Records.
13. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological
Failure" recorded September 02, 2016 as Instrument No. 2016-460154 of Official Records.
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Order Number: NHSC-5988788 (06)
Page Number: 4
14. Abutter's rights of ingress and egress to or from Whiptail Loop except at access opening, have been
dedicated or relinquished on the filed Map.
15. The following matters shown or disclosed by the filed or recorded map referred to in the legal
description: Non-Mapping Notes
1. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level
may be placed or permitted to encroach within the area identified as a sight distance corridor in
accordance with city standard public street-design criteria, Section 8.B.3. The underlying property
owner shall maintain this condition.
2. Building permits will not be issued for this project unless the appropriate agency providing water
and sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project time of the application for the building
permit, and that water and sewer capacity and facilities will continue to be available until the time of
occupancy.
3. Geotechnical caution:
The owner of this property on behalf of itself and all of its successors in interest has agreed to hold
harmless and indemnify the City of carlsbad from any action that may arise through any geotechnical
failure, ground water seepage or land subsidence and subsequent damage that may occur on, or
adjacent to, this subdivision due to its construction, operation or maintenance.
16. The Terms, Provisions and Easement(s) contained in the document entitled "Easement and
Maintenance Agreement" recorded October 01, 2018 as Instrument No. 2018-407532 of Official
Records.
Affects: Lot 21
17. Rights of the public in and to that portion of the Land lying within any Road, Street, Alley or Highway.
18. Water rights, claims or title to water, whether or not shown by the public records.
19. Rights of parties in possession.
Prior to the issuance of any policy of title insurance, the Company will require:
20. With respect to Techbilt Construction Corp., a California corporation:
a. A certificate of good standing of recent date issued by the Secretary of State of the corporation's
state of domicile.
b. A certified copy of a resolution of the Board of Directors authorizing the contemplated transaction
and designating which corporate officers shall have the power to execute on behalf of the
corporation.
c. Other requirements which the Company may impose following its review of the material required
herein and other information which the Company may require.
Rrst American Title
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Order Number: NHSC-5988788 (06)
Page Number: 5
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
1. General and special taxes and assessments for the fiscal year 2018-2019.
First Installment:
Penalty:
Second Installment:
Penalty:
Tax Rate Area:
A. P. No.:
(Affects LOT 21)
$29,857.11, PAID
$0.00
$29,857.11, PAID
$0.00
09013
209-120-23-00
2. General and special taxes and assessments for the fiscal year 2018-2019.
First Installment:
Penalty:
Second Installment:
Penalty:
Tax Rate Area:
A. P. No.:
(Affects LOT 22)
$28,238.61, PAID
$0.00
$28,238.61, PAID
$0.00
09013
209-120-24-00
3. The property covered by this report is vacant land.
4. According to the public records, there has been no conveyance of the land within a period of twenty-
four months prior to the date of this report, except as follows:
None
5. We find no outstanding voluntary liens of record affecting subject property. Disclosure should be
made concerning the existence of any unrecorded lien or other indebtedness which could give rise to
any possible security interest in the subject property.
First American Title
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LEGAL DESCRIPTION
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Order Number: NHSC-5988788 (06)
Page Number: 6
Real property in the City of carlsbad, County of San Diego, State of California, described as follows:
LOTS 21 AND 22 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS NORTH PHASE 3, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
16145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 13, 2016.
APN: 209-120-23-00 (LOT 21) and 209-120-24-00 (LOT 22)
Rrst American Title
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t.!AP 14926-CARLSBAD TCT NO 97-13-01 CARLSBAD OAKS NORTH PHASE 1
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NOTICE
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Order Number: NHSC-5988788 (06)
Page Number: 8
Section 12413.1 of the california Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-
escrow capacity, wait a specified number of days after depositing funds, before recording any documents in
connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer
to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be
disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more,
please use wire transfer, cashier's checks, or certified checks whenever possible.
Rrst American Title
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Order Number: NHSC-5988788 (06)
Page Number: 9
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CLTA STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice
of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability
or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the
land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by
the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors'
rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by
the records of such agency or by the public, records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
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Order Number: NHSC-5988788 (06)
Page Number: 10
CLTA/ ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE (12-02-13)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion
does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
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 % of Policy Amount Shown in Schedule A or $2,500
(whichever is less)
1% of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $2,500
(whichever is less)
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
Our Maximum Dollar Limit of Liability
$10,000
$25,000
$25,000
$5,000
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting,
or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
Rrst American Title
(iii) the subdivision of land; or
(iv) environmental protection;
Order Number: NHSC-5988788 (06)
Page Number: 11
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exdusion l(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured 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:
[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
Rrst American Tltle
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Order Number: NHSC-5988788 (06)
Page Number: 12
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or
10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the
Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy
and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
[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.
7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.]
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting,
or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d),
Arst American Title
14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business
laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit
the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of
Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the
lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
1 o. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11 . Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
Arst American Title
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~I FtrSt American 1itle
Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain infonnation. We understand that you may be concerned about what we will do with such
infonnation -particularly any personal or financial infonnation. We agree that you have a right to know how we will utilize the personal infonnation you provide to us. Therefore, together with our
subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal infonnation.
Applicability
This Privacy Policy governs our use of the infonnation that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as
infonnation obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal infonnation regardless of its source.
First American calls these guidelines its Fair Infonnation Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal infonnation that we may collect include:
• Infonnation we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;
• Infonnation about your transactions with us, our affiliated companies, or others; and
• Infonnation we receive from a consumer reporting agency.
Use of Information
we request infonnation from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your infonnation to nonaffiliated parties
except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period
after which any customer relationship has ceased. Such infonnation may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal infonnation listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty
insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial
institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
we will use our best efforts to ensure that no unauthorized parties have access to any of your infonnation. We restrict access to nonpublic personal infonnation about you to those individuals and
entities who need to know that infonnation to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal infonnation.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is Important you know how we treat the infonnation about you we receive on the Internet.
In general, you can visit First American or its affiliates' Web sites on the Wor1d Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the
domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar infonnation. First
American uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need infonnation from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of
collection how we will use the personal information. Usually, the personal infonnation we collect is used only by us to respond to your inquiry, process an order or allow you to access specific
account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize infonnation to your personal tastes. A cookie is an element of data that a Web site
can send to your browser, which may then store the cookie on your hard drive.
FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and
productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record
and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use infonnation about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate infonnation.
When, as with the public record, we cannot correct inaccurate infonnation, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer
can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on
our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form SO-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)