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Home My WebLink AboutPUD 2020-0001; HEMLOCK COAST HOMES; Planned Unit Development - Residential (PUD)City of Carlsbad ~ LAND USE REVIEW APPLICATION P-1 -,, r .,, Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) [Z] Coastal Development Permit D Conditional Use Permit c.Df D Minor z,o U)-00 "'z_. D General Plan Amendment D Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Minor D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change D Amendment D Amendment D Habitat Management Permit D Hillside Development Permit i---------1 D Minor D Nonconforming Construction Permit Ix] Planned Development Permit IX] Minor [Z] Residential D Non-Residential D Planning Commission Determination Reasonable Accommodation D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits □ KJ Site Development Plan 1v1 ~DV tXi Minor -,f) '1fJ ~ OOl'JIJ. D Review Permit D Special Use Permit Ix] Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor D Administrative D Minor D Major NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMEN,-.. PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY *SAME DAY APPOINTMENTS ARE NOT AVAILABLE 204-240-40-00 320 Hemlock Avenue (STREET ADDRESS) Hemlock Coast Homes Removal of existing residential structure and the addition of 4 new single family condominium homes. ESTIMATED COMPLETION DATE 9 / 2022 Development No. b ~ .j U) 2-0 ..,. 0 0 2, 3 Lead Case No. P-1 Page 1 of 6 Revised 03/17 OWNER NAME (PLEASE PRINTr• APPLICANT NAME-(PLEASE PRINT) INDIVIDUAL NAME INDIVIDUAL NAME KIRK MOELLER (if applicable): KIRK MOELLER (if applicable): COMPANY NAME 320 HEMLOCK LLC COMPANY NAME KIRK MOELLER ARCHITECTS (if applicable): (if applicable): MAILING ADDRESS: 2888 LOKER AVE. E. STE 220 MAILING ADDRESS: 2888 LOKER AVE. E. STE 220 CITY, STATE, ZIP: CARLSBAD, CA 92010 CITY, STATE, ZIP: CARLSBAD, CA 92010 TELEPHONE: 760-803-8006 TELEPHONE: 760-803-8006 EMAIL ADDRESS: kirk@kmarchitectsinc.com EMAIL ADDRESS: kirk@kmarchitectsinc.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURP~ THIS APPLICATION. ~ I!!_ -8-27-20 ~ 8-27-20 SIGNATURE DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): SAME AS APPLICANT MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: 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 KNOW~-8-27-20 SIGNA RE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. INI/E CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. ~-== PROPERTY OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of 6 RF.Cf:H/E OCT 13 2020 CITY OF CARLSBAD PLA.NNING D!V!S10!,J DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 03/17 Ccicyof 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<define~. as "Any individual; firm,. co-partn~rship, jointVentllr,r association; social cfu ,.fraternal organization;corporation, estate, trust, receiver, syndicat~. in.this and apy oth.ercounty, · ...... ·d county, city municipality, district or oth~r political subdhlision or any other group or combination ?Pting as a unil" Agents may sign this document; however, the legal name and ~ntity 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.___________ Corp/Part 320 Hemlock, LLC Title____________ Title_S_e_e_a_tt_a_c_h_e_d ________ _ Address _________ _ Address ___________ _ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person __________ _ Title ___________ _ Address _________ _ Corp/Part 320 Hemlock, LLC Title See attached Address ____________ _ 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 l ✓I No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. 9-8-20 9-8-20 Signature of owner/date Signature of applicant/date Kirk Moeller -KMJ Real Estate Kirk Moeller -KMJ Real Estate Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1 (A) Page 2 of 2 Revised 07/10 SCHEDULE A MEMBERS, INTERESTS & SHARING PERCENTAGES Members Address Interest & Sharing Percentage KMJ Real Estate, LLC 2888 Loker Ave. East Suite 10% 220 Carlsbad, CA 92010 Game Over, LLC 444 Executive Center Suite 14.7% 23 8 El Paso, TX 79902 Skeleton Canyon, LLC 444 Executive Center Suite 14.7% 23 8 El Paso, TX 79902 JTC World, LLC 1244 White Sands Dr., San 14.7% Marcos, CA 92078 L WC Holdings, LLC 19292 Bainter Ave., Los 11.8% Gatos, CA 95030 Tustana, LLC 1022 El Camino Lane, Santa 14.7% Ana, CA 90705 Jay Knowles 361 Springs Canyon Way, 10.6% Oceanside, CA 92057 Jason Gentile 7012 Whitewater St., 8.8% Carlsbad, CA 92011 RESOLUTION OF 320 HEMLOCK, LLC WHEREAS, 320 Hemlock, LLC ("Company") was formed pursuant to the Articles of Organization filed with the California Secretary of State on June 29, 2020 under File No. 202018310234 ("Articles") and is governed by that certain Limited Liability Company Operating Agreement dated July 13, 2020 ("Operating Agreement"); WHEREAS, the Articles provide that the Company shall be managed by a single Manager; and the Operating Agreement and the Statement of Information of the Company filed September 28, 2020 provide and identify KMJ Real Estate, LLC ("KMJ") as the sole Manager of the Company; WHEREAS, KMJ was formed pursuant to the Articles of Organization filed with the California Secretary of State on June 17, 2017 under File No. 201716010369, is governed by that certain Limited Liability Company Operating Agreement of same date ("KMJ Operating Agreement"), which, together with the Statement of Information of KMJ filed July 30, 2020 provide and identify John H. Norum, Mike Moore and Kirk Moeller as the sole Managers; APPOINTMENT OF AUTHORIZED AGENTS RESOLVED, the Manager of the Company hereby appoints, authorizes and empowers each of the following as an agent of the Company, by their/his sole signature, to do or cause to be done any and all acts which are necessary or proper to effect the business purposes of the Company, including arising from or in furtherance of the development of 320 Hemlock, Carlsbad, CA 92008: Agents John H. Norum Mike Moore Kirk Moeller FINALLY RESOLVED, that this Resolution supersedes and replaces any and all prior resolutions, consents and/or directions of the Company in connection with the matters included herein. The undersigned constitutes the sole Manager of the Company, and in such capacity, the sole Managers ofKMJ, and hereby execute this Resolution, dated as of September 28, 2020. "Company" 320 Hemlock, LLC By: KMJ Real Estate, LLC, as the sole Manager bHMe@r -~~=----Kirk Moeller (Sep 28, 2020 16:43 PDT) Mike Moore (Sep 28, 7070 16:50 PDT) tdwc NttrUfH/ john Norurn (Sep 28, 2020 16:51 PDT) Kirk Moeller, Manager Mike Moore, Manager John H. Norum, Manager 320 Hemlock Resolution V2 Final Audit Report 2020-09-28 Created: 2020-09-28 By: John Norum Oohn@jhnmgmt.com) Status: Signed Transaction ID: CBJCHBCAABAAkjcnp0plP-wF3-HG79T5FSWSM_ZV9NzG "320 Hemlock Resolution V2" History ~ Document created by John Norum Oohn@jhnmgmt.com) 2020-09-28 -11 :41 :19 PM GMT-IP address: 75.80.23.6 G?. Document emailed to Kirk Moeller (kirk@kmjre.com) for signature 2020-09-28 -11 :42:40 PM GMT ~ Email viewed by Kirk Moeller (kirk@kmjre.com) 2020-09-28 -11 :43:02 PM GMT-IP address: 75.80.2.19 0; Document e-signed by Kirk Moeller (kirk@kmjre.com) Signature Date: 2020-09-28-11:43:30 PM GMT-Time Source: server-IP address: 75.80.2.19 8.-Document emailed to Mike Moore (mike@kmjre.com) for signature 2020-09-28 -11 :43:31 PM GMT ~ Email viewed by Mike Moore (mike@kmjre.com) 2020-09-28 -11 :49:46 PM GMT-IP address: 174.195.149.73 0"0 Document e-signed by Mike Moore (mike@kmjre.com) Signature Date: 2020-09-28 -11 :50:17 PM GMT -Time Source: server-IP address: 174.195.149.73 8.-Document emailed to John Norum Uohn@kmjre.com) for signature 2020-09-28 -11 :50: 18 PM GMT ~ Email viewed by John Norum Oohn@kmjre.com) 2020-09-28 -11 :51 :08 PM GMT-IP address: 75.80.23.6 6-0 Document e-signed by John Norum Oohn@kmjre.com) Signature Date: 2020-09-28 -11 :51 :33 PM GMT -Time Source: server-IP address: 75.80.23.6 9 Agreement completed. 2020-09-28 -11 :51 :33 PM GMT • Adobe Sign Ccityof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: Hemlock Coast Homes APPLICANT NAME: Kirk Moeller -KM Architects Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: The project consists of the removal of a residential single family structure and garage and the addition of (4) 3 story two car garage condominium residential twin homes within two separate buildings. The project shall also contain 2 visitor parking spaces and shall be designed utilizing California Coastal Architectural style. P-1(8) Page 1 of 1 Revised 07/10 P''''"'' {_ Cicyof 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): Ii] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application m contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Kirk Moeller -KM Architects Address: 2888 Loker Ave. East Ste 220 Carlsbad, CA 92010 Phone Number: 760-803-8006 Address of Site: 320 Hemlock PROPERTY OWNER Name: 320 Hemlock LLC Add 2888 Loker Ave. East Ste 220 ress: _________ _ Carlsbad, CA 92010 Phone Number: 760-803-8006 Local Agency (City and County):_c_a_r_ls_b_a_d_,_s_a_n_D_,_·e_g_o _____________ _ Assessor's book, page, and parcel number:_2_0_4_-_2_4_0_-4_0_-_0_0 ____________ _ Specify list(s):_N_o_n_e __________________________ _ Regulatory Identification Number: ______________________ _ Date of List: _____________________________ _ Applicant Signature/Date Property Owner Signature/Date 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 . . ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: _/_o-1-/..:....J'-~;;;...:_1_1.o_"'u_D _____ (To be completed by City) Application Number(s): PuD 2oio -a.JO 1 General Information 1. Name of project: HEMLOCK COAST HOMES 2. Name of developer or project sponsor: _K;_;;,;_;_M=J....:.R=E=A-==-L=E:....:S:....:T=A..:..T:....:E=-------------- Address: 2888 LOKER AVE. EAST SUITE 220 City, State, Zip Code: CARLSBAD, CA 92010 Phone Number: 760-803-8006 3. Name of person to be contacted concerning this project: KIRK MOELLER Address: 2888 LOKER AVE. EAST SUITE 220 City, State, Zip Code: CARLSBAD, CA 92010 Phone Number: 760-803-8006 __;_.:....:.......:....:....:........:~-=----------------------- 4. Address of Project: _3_2_0_H_E.....;.;_M...;;;L...;;;O_;C;_;_K..:........: _________________ _ Assessor's Parcel Number: 204-240-40-00 ----------------------- 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: NONE 6. Existing General Plan Land Use Designation: _R_-_2_3 ______________ _ 7. Existing zoning district: _R_-3 ______________________ _ 8. Existing land use(s): _R_E_S_ID:....:E::..:N....:..T..:....lc:....A=L;___ _________________ _ 9. Proposed use of site (Project for which this form is filed): (4) THREE STORY RESIDENTIAL TWIN HOMES Project Description 10. Site size: .19 ac ----------------------------- 11. Proposed Building square footage: ...:.7-'-'7'-'7'-1=-S.:.:....F ________________ _ 12: Number of floors of construction: 3 --------------------- 13. Amount of off-street parking provided: 2 VISITOR SPACES ------------------- 14. Associated projects: ________________________ _ P-1(0) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: 4 UNITS TOTAL Unit 1 = 1,754 sq. ft., Unit 2 = 1,673 sq. ft., Unit 3 = 2,172 sq. ft., Unit 4 = 2,172 sq. ft. 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: ________ _ N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ____________________ _ N/A P-1(O) 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 D Ix! alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. IX! □ □ □ □ □ □ 29. Substantial change in demand for municipal services (police, fire, water, sewage, D etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: □ □ IX) IX! 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. See attached 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. See attached 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: _9-_2_-2_0 _______ _ ~e ..... Signature: -==---.::__.::.:~~-~==== -::::__ _____ _ For: Kirk Moeller P-1(O) Page 4 of 4 Revised 07/10 KIRK MOELLER ARCHITECTS, INC. September 8, 2020 City of Carlsbad (Planning Department) 1635 Faraday Avenue Carlsbad, CA 92008 760-602-4610 Kirk Moeller Architects, Inc. 2888 Loker Ave. East Suite 220 Carlsbad, California 92010 Phone:760-814-8128 kirk@kmarchitectsinc.com Re: Carlsbad Coast Homes responses to EIAinformation form P-1(O) questions 32 and 33. 32. The existing project site currently contains an existing vacant single story, single-family residence with attached garage. Overall site is flat. Existing landscape is non-native landscape. The site contains a single avocado tree in the back yard. Cultural, historical, and scenic aspects of the existing site do not exist. See attached photos. 33. Surrounding properties include existing single story, single-family residential to the North, South and East. A multi-family three story apartment building exists to the West. Cultural, historical, and scenic aspects of the surrounding sites do not exist. Site Photographs View of Hemlock looking West from Southwest corner of property 9-9-2020 ~ ~ .,,,..-,,--- ---_,/ --\ ::--------~~ -~ --- View of Hemlock looking East from Northwest corner of property View of Hemlock looking South from center of property View from Hemlock looking North at from of existing residence View from center of backyard looking Northeast (i'cityof 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 ::::::::o;::::::e: c~ih Staff Signature: __ Date: 8-27-20 To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 {'city of Carlsbad ,..._ ,......,_ '-fENTATIVE PARCEL MAP"' WAIVER OF PROCESSING TIME LIMITS P-1 (F) Proposed Minor Subdivision No.: ~02..0 -QOO 2 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. ~ Kirk Moeller 8-27-20 Signer is (check one): -~-----------------------□Property Owner [{)Applicant Signature Print Name Date ~ =--===. Kirk Moeller 8-27-20 Signer is (check one): -~-----------------------[{)Property Owner □Applicant Signature Print Name Date P-1 (F) Rev. 04/13 TENCTIVE PARCEL MAP TENAN.; (''cicyof Carlsbad NOTIFICATION STATEMENT Development Services (Statement of Compliance with Subdivision Map Act Sect. 66427 .1) P-1 (G) Proposed Minor Subdivision No.: /l1,5 2-o 1o -Oo D 3 Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov I hereby certify that I have read Subdivision Map Act Section 66427.1 (provided below) and that I will make all notifications to the tenants required therein. ~ Kirk Moeller 8-27-20 Signature Print Name Date □Property Owner Sig~ 0Property Owner [Z]Applicant □Applicant Subdivision Map Act Section 66427.1 Kirk Moeller 8-27-20 Print Name Date (a) The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project, unless it finds as follows: (1) Each tenant of the proposed condominium, community apartment project, or stock cooperative project, and each person applying for the rental of a unit in the residential real property, has received or will have received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451 ). (2) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received or will receive each of the following notices: (A) Written notification, pursuant to Section 66452.9, of intention to convert, provided at least 60 days prior to the filing of a tentative map pursuant to Section 66452. (B) Ten days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, that the period for each tenant's right to purchase begins with the issuance of the final public report, and that the report will be available on request. (C) Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate. (D) Written notification within 10 days after approval of a final map for the proposed conversion. (E) One hundred eighty days' written notice of intention to convert, provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to Section 66452.11, but not before the local authority has approved a tentative map for the conversion. The notice given pursuant to this paragraph shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. (F) Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in Section 11018.2 of the Business and Professions Code, and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of his or her intention not to exercise the right. (b) The written notices to tenants required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a) shall be deemed satisfied if those notices comply with the legal requirements for service by mail. (c) This section shall not diminish, limit or expand, other than as provided in this section, the authority of any city, county, or city and county to approve or disapprove condominium projects. (d) If a rental agreement was negotiated in Spanish, Chinese, Tagatog, Vietnamese, or Korean, all required written notices regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in that language. P-1 (G) Page 1 of 1 Revised 11/12 .. ( Cicyof Carlsbad MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov P-6 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 All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. ⇒ New Residential Square Footage: 7 771 square feet x $ 150 /sq. ft. = $ 1,165,650 ⇒ Residential Addition Square Footage: ⇒ ______ square feet x $ _____ /sq. ft. = $ ________ _ Any Garage Square Footage: part of new residential 1,824 square feet x $ /sq. ft. = $ square footage cost abv. ⇒ Residential Conversion Square Footage: ______ square feet x $ _____ /sq . ft. = $. ________ _ ⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and ManufacturingJ\t'Varehouse uses.) ______ square feet x $ ___ /sq. ft. = $ __________ _ COST OF DEVELOPMENT ESTIMATE: $_1..:..,1..;..65.;..:.,6_5..;..0 _______ _ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) D 2. A Coastal Development Permit ($60,000 or more cost estimate) [RI C. Street address of proposed development P-6 Page 1 of 7 Revised 08/19 D. Assessor's Parcel Number of proposed development 204-240-40-00 E. Development Description: Briefly describe project: Removal of existing residential structure and two car garage. Construction of a four unit, three story double twin home residential condo project each with private two car garage. F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: Single Family homes South: Single Family homes East: Single Family homes West: Multi -Family homes G. Is project located within a 100-year flood plain? 0Yes [R] No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? IB] Yes D No If yes, please describe. An existing single story two bedroom home with attached two car garage exists on site currently. B. Will any existing structure be removed/demollshed? [R] Yes O No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). All existing site improvements shall be removed as shown on plans. 111. LOT COVERAGE A. Existing and Proposed Existing Pro12osed Total Building Coverage 1,513 sq. ft. 2,760 sq. ft. 1,247 sq. ft. 33.5 Landscaped Area 5,644 sq. ft. TBD sq. ft. TBD sq. ft. TBD Hardscape Area 1,086 sq. ft. TBD sq. ft . TBD sq. ft. TBO Unimproved Area (Left Natural) 0 sq. ft. 0 sq. ft. 0 sq. ft. 0 Page 2 of7 Revised 08/19 % % % % P-6 B. Parking: Number of existing spaces _4 ______ _ Number of new spaces proposed _1_8 ____ _ Existing/Proposed TOTAL: ...;.1.;;..8 _____ _ Number of total spaces required _1_8 ____ _ Number of covered spaces _16 _____ _ Number of uncovered spaces _2 ______ _ Number of standard spaces _1_8 _____ _ Number of compact spaces _o ______ _ Is tandem parking existing? D Yes# __ 00 No Is tandem parking proposed? D Yes # __ [RJ No C. Grade Alteration: Is any grading proposed? 00 Yes □No If yes, please complete the following: 1. Amount of cut _7_5 ________________ cu. yds. 2. Amount of fill 15 cu. yds. 3. 4. 5. Maximum height of fill slope _1_'-_0_" __________ feet 1'-4" Maximum height of cut slope feet A t f • rt rt 60 CU export d moun o Impo or expo cu. y s. 6. Location of borrow or disposal site _T_B_D ____________ _ Page 3 of7 Revised 08/19 City of Carlsbad Climate Action , n Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTC02e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? □ If ''Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 MTC02e/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: SO dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTC02e/year screening threshold. If ''Yes", proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results ofthe project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 02/20 City of Carlsbad Climate Action , n Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: Property Address/APN : Applicant Name/Co.: Applicant Address: Contact Phone: Hemlock Coast Homes 320 Hemlock Ave. / 204-240-40-00 Kirk Moeller/ Kirk Moeller Architects Inc. 2888 Loker Avenue East, Suite 220 760-814-8128 Contact Email: kirk@kmarchitectsinc.com Contact information of person completing this checklist (if different than above): Name: Company name/address: N/A Contact Phone: Contact Email: Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $ __________ _ □ Alterations: □ BPV;:: $60,000 □ BPV 2: $60,000 □ Electrical service panel upgrade □ BPV 2: $200,000 □ New construction □ Alterations: P-30 1A 1A and 4A 4A lA and 4A Page 3 of 7 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed Revised 02/20 City of Carlsbad Climate Action , n Consistency Checklist □ BPV ~ $200,000 or additions~ 1B, 5 1,000 square feet □ BPV ~ $1,000,000 1B, 2B and 5 Building alterations of~ 75% existing gross floor area □ ~ 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV ~ $200,000 Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information when completing this section. A. 0 Residential addition or alteration ~ $60,000 building permit valuation. See Ord. CS-347, Section 8. Year Built Single-family Requirements D Before 1978 Select one: D Duct sealing D Attic insulation D Cool roof D 1978 and later Select one: D Lighting package D Water heating package D Between 1978 and 1990 □ 1991 and later B. 0 Nonresidential* new construction or alterations ~ $200,000 building permit valuation, or additions ~ 1,000 square feet. See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3. AS.203.1.1.1 D Outdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 □ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) AS.203.1.2.1 Choose one as applicable: □ .95 Energy budget D .90 Energy budget AS.211.1. ** D On-site renewable energy AS.211.3** D Green power (if offered by local utility provider, 50% minimum renewable sources) AS.212.1 D Elevators and escalators AS.213.1 D Steel framing P-30 Page 4 of 7 D N/A _________ _ D Exception: Home energy score~ 7 (attach certification) Multi-family Requirements D Attic insulation Select one: D Attic insulation D Duct Sealing D Cool roof Select one: D Lighting package D Water heating package D N/A _________ _ D N/A □ N/A □ N/A D N/A D N/A D N/A Revised 02/20 City of Carlsbad Climate Action .-an Consistency Checklist 0 N/A * Includes hotels/motels and high-rise residential buildings ** For alterations~ $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. A. Ix] Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.l(c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* sheets if necessary) A2.1A 1,754 1 2.15 A2.1A 1,673 1 2.10 A2 .1B 2,172 1 2.39 A2.1B 2,172 1 2.39 Total System Size: 9.03 kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception □ □ □ □ kWdc B. D Nonresidential new construction or alterations ~$1,000,000 BPV and affecting ~75% existing floor area, or addition that increases roof area by ~2,000 square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: □ If< 10,000s.f. Enter: 5 kWdc Min. System Size : ___ kWdc □ If 2! 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ** **Round building size factor to nearest tenth, and round system size to nearest whole number. □Time-Dependent Valuation Method Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of 7 Revised 02/20 City of Carlsbad Climate Action , n Consistency Checklist A. [Zl Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. l&I For systems serving individual dwelling units choose one: □ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) □ Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.l{c) 14 (for low-rise residential) □ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification 00 Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors □ Exception: □ For systems serving multiple dwelling units, install a central water-heating system with all of the following: □ Gas or propane water heating system □ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) □ Solar water heating system that is either: □ .60 solar savings fraction or 40 s.f. solar collectors □ .40 solar savings fraction, plus drain water heat recovery □ Exception: 8. 0 Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. □ Water heating system derives at least 40% of its energy from one of the following (attach documentation): □ Solar-thermal □ Photovoltaics D Recovered energy □ Water heating system is (choose one): □ Heat pump water heater □ Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction □ Exception: A. ~ Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when completing this section. IXl One and two-family residential dwelling or townhouse with attached garage: 00 One EVSE ready parking space required □ Exception : □ Multi-family residential · D Exception · Total Parking Spaces EVSE Spaces Proposed Capable Ready Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number) EVSE Installed = Total EVSE Spaces x .SO (rounded up to nearest whole number) EVSE other= Total EVSE spaces-EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.") Installed I I Total P-30 Page 6 of 7 Revised 02/20 City of Carlsbad Climate Action .-n Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation<! $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages}, alterations have a building permit valuation<! $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B. D Nonresidential new construction (includes hotels/motels} □ Exception · Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces □ 0-9 1 1 □ 10-25 2 1 □ 26-50 4 2 □ 51-75 6 3 □ 76-100 9 5 □ 101-150 12 6 □ 151-200 17 9 □ 201 and over 10 percent of total 50 percent of Required EV Spaces A. List each proposed nonresidential use and gross floor area (GFA} allocated to each use. B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADTTable. Use GFA Employee ADT/1,000 S.F. Total Employee ADT Total If total employee ADT is greater than or equal to 110 employee ADT, a TDM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.ll requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TDM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LDE) staff to determine whether this policy applies to your project. TDM plan required: Yes D No D LDE Staff Verification: □ ______ (staff initials) P-30 Page 7 of 7 Revised 02/20 RESOLUTION OF 320 HEMLOCK, LLC WHEREAS, 320 Hemlock, LLC ("Company") was formed pursuant to the Articles of Organization filed with the California Secretary of State on June 29, 2020 under File No. 202018310234 ("Articles") and is governed by that certain Limited Liability Company Operating Agreement dated July 13, 2020 ("Operating Agreement"); WHEREAS, the Articles provide that the Company shall be managed by a single Manager; and the Operating Agreement and the Statement of Information of the Company filed September 28, 2020 provide and identify KMJ Real Estate, LLC ("KMJ") as the sole Manager of the Company; WHEREAS, KMJ was formed pursuant to the Articles of Organization filed with the California Secretary of State on June 17, 2017 under File No. 201716010369, is governed by that certain Limited Liability Company Operating Agreement of same date ("KMJ Operating Agreement"), which, together with the Statement of Information of KMJ filed July 30, 2020 provide and identify John H. Norum, Mike Moore and Kirk Moeller as the sole Managers; APPOINTMENT OF AUTHORIZED AGENTS RESOLVED, the Manager of the Company hereby appoints, authorizes and empowers each of the following as an agent of the Company, by their/his sole signature, to do or cause to be done any and all acts which are necessary or proper to effect the business purposes of the Company, including arising from or in furtherance of the development of 320 Hemlock, Carlsbad, CA 92008: Agents John H. Norum Mike Moore Kirk Moeller FINALLY RESOLVED, that this Resolution supersedes and replaces any and all prior resolutions, consents and/or directions of the Company in connection with the matters included herein. The undersigned constitutes the sole Manager of the Company, and in such capacity, the sole Managers ofKMJ, and hereby execute this Resolution, dated as of September 28, 2020. "Company" 320 Hemlock, LLC By: KMJ Real Estate, LLC, as the sole Manager Klf'k#e~r -~~=---Kirk Moeller (Sep 28, 2020 16:43 PDT) Mike Moore (Sep 28, 2020 16:50 PDT) tbNttUfl'k j ohn Norum (Sep 28, 2020 16:51 PDT) Kirk Moeller, Manager Mike Moore, Manager John H. Norum, Manager I RECORDING REQUESTED BY: MAIL TAX STATEMENTS AND WHEN RECORDED MAIL TO: COG 320 Hemlock LLC 2906 Corte Celeste Carlsbad, CA 92009 Title No.: 8011407-DK Escrow No.: 06-200912-VC DOCII 2020-0405985 11111[1 l[III 111111111[ 1111 llm 111111111111111111111111111111111111II Jul 271 2020 10:25 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $1,622.00 (S82 Atkins: $0.00) PCOR: YES PAGES:2 APN: 204-240-40-00 _______ ......._ _______ s=p=-=AC--=-=e....,.AB-=-o=v""'."":e::-::TH=,s::-:Lc:-:INC:-:E=-:l=s=Fo=R=--=R=-Ec=o""R'""'o"""E=R·=s..,..,us=e GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S}: DOClJMENTARY TRANSFER TAX IS$ '• ~(\ S. 00 _✓_ C Computed on full value of property conveyed, or __ Computed on full value /ea~ans and encumbrances remaining at time of le. __ Unincorporated area _✓_ City of Carlsbad For valuable consideration, receipt of which is hereby acknowledged, Diana L. St. Germain, Successor Trustee of The Edwards Family Trust dated December 20, 2004 hereby GRANT(S) to 320 Hemlock, LLC, a California limited liability company the real property situated in the County of San Diego. State of California, more particularly described as follows: THE NORTHEASTERLY 78 1/2 FEET OF THE SOUTHEASTERLY 105 FEE, AS FULL DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Dated: December 19, 2019 The Edwards Family Trust dated December 20, 2004 ByQ I~ J. &J:, ~ r---__,,;_ Diana L. St. Germain, Successor Trustee Exempt from fee per GC 27388, 1 (1) 12); recorded concurrently •tn cormectlDn wltn• a tranlfar subj11ct to the Imposition of documentary transfer tax IDTT). A notary publlc or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached and not the truthfulness accurac or valldft of that document. STATE OF CA~R~ COUNTYOF _Q LJle.w On this ~h da~f~Ceobee. 2019.__, before me, \ \~l(i£~-:'"\~ , Notary Public, personally appeared\..,:)_ 00.~~t O)Q • 0 . -___,,.....,..,....,.._--,.._.,.,......-,--__,....-who proved to me on the basis of satisfactory evidence to be the person(s) whose nami I /are subscribed to the within Instrument and acknowledged to me that he~hey executed the same In his/ e t eir authorized capaclty(les), and that by hl~lr slgnature(s) on the instrument the person(s), or the entity upon ehalf of which the person(s) acted, executed thelnstrument. · I certify under PENAL TY OF PERJURY under the laws of the State of Callfornla that the foregoing paragraph is true and correct. (SEAL) i············i 9 VICKIE R. CRESTANI : Notiry Public. Cl!lfomll : i Sin DleBQ Cau11ty J Comrninion I 2292746 - ) -;/ ~':· :i:1:1 :t:d 3;]'!3 l MAIL TAX STATEMENTS AS DIRECTED ABOVE Exhibit A Address: 320 Hemlock Avenue, Carlsbad, CA 92008 APN: 204-240-40-00 Property 1: THE NORTHEASTERLY 78 1/2 FEET OF THE SOUTHEASTERLY 105 FEET OF LOT TWO, BLOCK AR" OF PALISADES NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN orEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924. 1i!J CORINTHIAN TITLE COMPANY 2 Venture Plaza , Suite 280 Irvine, CA 92618 • (949) 546 -0552 California Department of Insurance License No. 5128-4 as Agent for North American Title Insurance Company CORINTHIAN TITLE 1901 CAMINO VIDA ROBLE, SUITE 108 CARLSBAD, CA 92008 ATTN : VICKIE CRESTANI YOUR REF: PROPERTY : 92008 06-200912-VC 320 HEMLOCK AVENUE, CARLSBAD, CA UPDATED PRELIMINARY REPORT B ORDER NO.: 8011407-DK In response to the above refer enced application for a Policy of Title Insurance, CorintMan Title Company, Inc. 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 t he 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 referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy f orms. 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 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 Limits 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 thereto) 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. Dated as of June 05, 2020 at 7:30am Title Officer: Title Officer Phone: Title Officer Fax: Title Officer Email: ORDER NUMBER: Dru Kaplan 949-546-0552 949-861-9316 teamdru@corinthiantitle.com 8011407-DK Corinthian Title Company, Inc. Corinthian Title Company, Inc. ORDER NO.: 8011407-DK ··~ PRELIMINARY REPORT UPDATED PRELIMINARY REPORT B The form of Policy of Title Insurance contemplated by this report is: YOUR REFERENCE: 06-200912-VC ALTA Homeowner's Policy of Title Insurance for a One-to-Four Family Residence (12/02/13) ALTA Extended Loan Policy (6-17-06) UPDATED SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: STERLING A. EDWARDS AND MILDRED A. EDWARDS, CO-TRUSTEES OF THE EDWARDS FAMILY TRUST DATED DEC 20, 2004, AS COMMUNITY PROPERTY FOR THE BENEFIT OF STERLING A. EDWARDS AND MILDRED A. EDWARDS 2 Corinthian Title Company, Inc. ORDER NO.: 8011407-DK ,...._ EXHIBIT A LEGAL DESCRIPTION .,. PRELIMINARY REPORT YOUR REFERENCE: 06-200912-VC The land referred to herein below is situated in the County of SAN DIEGO, State of CALIFORNIA, and is described as follows: THE NORTHEASTERLY 78 1 /2 FEET OF THE SOUTHEASTERLY 105 FEET OF LOT TWO, BLOCK "R" OF PALISADES NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924. Assessor's Parcel Number: 204-240-40-00 3 Corinthian Title Company, Inc. ORDER NO.: 8011407-DK SCHEDULE B ·"' PRELIMINARY REPORT YOUR REFERENCE: 06-200912-VC At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: Taxes: A. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2019-2020: 1st Installment: 2nd Installment: Land: Improvements: Exemption: Code Area: Assessment No.: $401.54 PAID $401.54 PAID $31,661.00 $39,882.00 $7,000.00 HOMEOWNERS 09000 204-240-40-00 B. IF TAXES ARE POSTED PAID WITHIN 30 DAYS OF CLOSING, UNLESS PAID BY IMPOUND, PROOF OF CLEARED FUNDS WILL BE REQUIRED OR THE TAX AMOUNT PLUS ANY PENALTIES WILL BE HELD FOR 30 DAYS PAST THE POSTED DATE. C. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. Exceptions: 1. This transaction may be subject to the current FinCEN geographic Targeting Order issued by the Director of FinCEN pursuant to 31 U.S.C. section 5326(a); 31 C.F.R. section 1010.3760; and Treasury Order 180-01. The policy issuing agent must be provided with certain information prior to closing pursuant to the GTO. This transaction will not be insured, and this issuing agent and/or its underwriter will not be involved in the closing and settlement until this information is reviwed by the issuing agent and submitted to FinCEN via the BSA E-Filing through the FinCEN e-file platform. 2. Water rights, claims or title to water in or under said land, whether or not shown by the public records. 3. THE RECITAL CONTAINED IN THE OWNER'S CERTIFICATE ON THE MAP OF SAID TRACT, WHICH AGREES TO ALLOW THE CROSS-ARMS OF POLES OR OTHER SIMILAR STRUCTURES PLACED ALONG THE RIGHT OF WAY OR CERTAIN HIGHWAYS ON SAID MAP TO OVERHANG THE ABUTTING PROPERTY. 4. The matters contained in an instrument entitled HOLD HARMLESS AGREEMENT DRAINAGE, dated 04/23/1991, by and between STERLING A. EDWARDS AND MILDRED A. EDWARDS AND THE CITY OF CARLSBAD upon the terms therein provided recorded May 14, 1991 AS INSTRUMENT NO. 1991-0225120 OF OFFICIAL RECORDS. Reference is made to said document for full particulars. 5. We find no open Deeds of Trust or Mortgage of record. Please verify with the property owner whether or not we have overlooked something and advise the Title Department, prior to Closing. Corinthian Title will require the attached "Affidavit of No Mortgage or Deed of Trust" to be completed by property owners and submitted to Title prior to the closing of this Transaction. 4 Corinthian Title Company, Inc. ORDER NO.: 8011407-DK SCHEDULE B (CONTINUED) PRELIMINARY REPORT YOUR REFERENCE: 06-200912-VC 6. If Title is to be insured in the trustee(s) of a trust (or if their act is to be insured), this Company will require a copy of the current Trust Certificate only. NOTE: If one or more of the trustees have changed due to incapacitation or death then an additional requirement of a FULL COPY of the trust, along with any amendments to the trust, be provided for review prior to the close of Escrow. Name of Trust: THE EDWARDS FAMILY TRUST DATED DEC 20, 2004 7. We will require a Statement of Information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matter which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. Parties: STERLING A. EDWARDS AND MILDRED A. EDWARDS (Note: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file). FAILURE TO PROVIDE THE STATEMENT(S) OF INFORMATION IN A TIMELY MANNER MAY DELAY THE CLOSING OF THIS TRANSACTION. 8. We will require a Statement of Information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matter which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. Parties: BUYERS (Note: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file). FAILURE TO PROVIDE THE STATEMENT(S) OF INFORMATION IN A TIMELY MANNER MAY DELAY THE CLOSING OF THIS TRANSACTION. END OF EXCEPTIONS Typist Initials: LT 5 Corinthian Title Company, Inc. ORDER NO.: 8011407-DK C NOTES AND REQUIREMENTS , .• ,,., PRELIMINARY REPORT YOUR REFERENCE: 06-200912-VC 1. If the contemplated Insured (Buyer) to be named in Schedule A of the policy is not a natural person, an "ALTA Homeowner's Policy of Title Insurance" will NOT be available for issuance and a "Cl TA Standard Coverage Policy" may be issued. A natural person is a human being, not a commercial or legal organization or entity. Natural person includes a trustee of a trust, even if the trustee is not a human being. Contact the Corinthian Title Company title officer named on this Preliminary Title Report with any questions. 2. None of the items in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an ALTA Loan Policy, when issued. 3. 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 a SINGLE FAMILY RESIDENCE known as 320 HEMLOCK AVENUE, CARLSBAD, CALIFORNIA to an extended coverage policy. 4. There are NO conveyances affecting said land, recorded with the County Recorder within 24 months of the date of this report. 5. 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. 6. NOTE: Amended Civil Code Section 2941, which becomes effective on January 1, 2002, sets the fee for the processing and recordation of the reconveyance of each Deed of Trust being paid off through this transaction at $45.00. The reconveyance fee must be clearly set forth in the Beneficiary's Payoff Demand Statement ("Demand"). In addition, an assignment or authorized release of that fee, from the Beneficiary to the Trustee of record, must be included. An example of the required language is as follows: 'The Beneficiary identified above hereby assigns, releases or transfers to the Trustee of record, the sum of $45.00, included herein as 'Reconveyance Fees', for the processing and recordation of the Reconveyance of the Deed of Trust securing the indebtedness covered hereby, and the escrow company or title company processing this pay-off is authorized to deduct the Reconveyance Fee from this Demand and forward said fee to the Trustee of record or the successor Trustee under the Trust Deed to be paid off in full." In the event that the reconveyance fee and the assignment, release or transfer thereof are not included within the demand statement, then Corinthian Title Company, Inc. may decline to process the reconveyance and will be forced to return all documentation directly to the Beneficiary for compliance with the requirements of the revised statute. 7. If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. END OF NOTES AND REQUIREMENTS 6 Corinthian Title Company, Inc. ORDER NO.: 8011407-DK NOTES AND REQUIREMENTS (CONTINUED) 7 ,_...._ PRELIMINARY REPORT YOUR REFERENCE: 06-200912-VC Corinthian Title Company, Inc. ORDER NO.: 8011407-DK Corinthian Title Company, Inc. Privacy Policy Notice PURPOSE OF THIS NOTICE .--,; PRELIMINARY REPORT YOUR REFERENCE: 06-200912-VC Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with nonaffiliated third parties unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Corinthian Title Company, Inc .. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Notice of Available Discounts North American Title Insurance Company is pleased to inform you that upon proper qualification, there are premium discounts available upon the purchase of title insurance covering improved property with a one-to- four family dwelling. • Such discounts apply to and include: • Property located within an area proclaimed a state or federal disaster area; • Property purchased from a foreclosing beneficiary or successful bidder at a foreclosure sale; • Property being refinanced. Please talk to your escrow or title officer to determine your qualification for any of these discounts. Privacy Notice and Notice of Available Discounts EXHIB~: LIST OF PRINTED EXCEPTIONS AND EX~IONS CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OFTITLE 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 fed era I 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. 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) Our Maximum Dollar limit of liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 List of Printed Exceptions and Exclusions EXHIB~: LIST OF PRINTED EXCEPTIONS AND EX~IONS COVERED RISKS The Covered Risks are: 1. Someone else owns an interest in Your Title. 2. Someone else has rights affecting Your Title because of leases, contracts, or options. 3. Someone else claims to have rights affecting Your Title because of forgery or impersonation. 4. Someone else has an Easement on the Land. 5. Someone else has a right to limit Your use of the Land. 6. Your Title is defective. Some of these defects are: a. Someone else's failure to have authorized a transfer or conveyance of your Title. b. Someone else's failure to create a valid document by electronic means. c. A document upon which Your Title is based is invalid because it was not properly signed, sealed, acknowledged, delivered or recorded. d. A document upon which Your Title is based was signed using a falsified, expired or otherwise invalid power of attorney. e. A document upon which Your Title is based was not properly filed, recorded, or indexed in the Public Records. f. A defective judicial or administrative proceeding. 7. Any of Covered Risks 1 through 6 occurring after the Policy Date. 8. Someone else has a lien on Your Title, including a: a. lien of real estate taxes or assessments imposed on Your Title by a governmental authority that are due or payable, but unpaid; b. Mortgage; c. judgment, state or federal tax lien; d. charge by a homeowner's or condominium association; or e. lien, occurring before or after the Policy Date, for labor and material furnished before the Policy Date. 9. Someone else has an encumbrance on Your Title. 10. Someone else claims to have rights affecting Your Title because of fraud, duress, incompetency or incapacity. 11. You do not have actual vehicular and pedestrian access to and from the Land, based upon a legal right. 12. You are forced to correct or remove an existing violation of any covenant, condition or restriction affecting the Land, even if the covenant, condition or restriction is excepted in Schedule B. However, You are not covered for any violation that relates to: a. any obligation to perform maintenance or repair on the Land; or b. environmental protection of any kind, including hazardous or toxic conditions or substances unless there is a notice recorded in the Public Records, describing any part of the Land, claiming a violation exists. Our liability for this Covered Risk is limited to the extent of the violation stated in that notice. 13. Your Title is lost or taken because of a violation of any covenant, condition or restriction, which occurred before You acquired Your Title, even if the covenant, condition or restriction is excepted in Schedule B. 14. The violation or enforcement 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; or f. environmental protection, if there is a notice recorded in the Public Records, describing any part of the Land, claiming a violation exists or declaring the intention to enforce the law or regulation. Our liability for this Covered Risk is limited to the extent of the violation or enforcement stated in that notice. 15. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 14 if there is a notice recorded in the Public Records, describing any part of the Land, of the enforcement action or intention to bring an enforcement action. Our liability for this Covered Risk is limited to the extent of the enforcement action stated in that notice. List of Printed Exceptions and Exclusions EXHIB~: LIST OF PRINTED EXCEPTIONS AND EXC~IONS 16. Because of an existing violation of a subdivision law or regulation affecting the Land: a. You are unable to obtain a building permit; b. You are required to correct or remove the violation; or c. someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it. The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A 17. You lose Your Title to any part of the Land because of the right to take the Land by condemning it, if: a. there is a notice of the exercise of the right recorded in the Public Records and the notice describes any part of the Land; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 18. You are forced to remove or remedy Your existing structures, or any part of them -other than boundary walls or fences - because any portion was built without obtaining a building permit from the proper government office. The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 19. You are forced to remove or remedy Your existing structures, or any part of them, because they violate an existing zoning law or zoning regulation. If You are required to remedy any portion of Your existing structures, the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 20. You cannot use the Land because use as a single-family residence violates an existing zoning law or zoning regulation. 21. You are forced to remove Your existing structures because they encroach onto Your neighbor's land. If the encroaching structures are boundary walls or fences, the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 22. Someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage I oan on it because Your neighbor's existing structures encroach onto the Land. 23. You are forced to remove Your existing structures which encroach onto an Easement or over a building set-back line, even if the Easement or building set-back line is excepted in Schedule B. 24. Your existing structures are damaged because of the exercise of a right to maintain or use any Easement affecting the Land, even if the Easement is excepted in Schedule B. 25. Your existing improvements (or a replacement or modification made to them after the Policy Date}, including lawns, shrubbery or trees, are damaged because of the future exercise of a right to use the surface of the Land for the extraction or development of minerals, water or any other substance, even if those rights are excepted or reserved from the description of the Land or excepted in Schedule B. 26. Someone else tries to enforce a discriminatory covenant, condition or restriction that they claim affects Your Title which is based upon race, color, religion, sex, handicap, familial status, or national origin. 27. A taxing authority assesses supplemental real estate taxes not previously assessed against the Land for any period before the Policy Date because of construction or a change of ownership or use that occurred before the Policy Date. 28. Your neighbor builds any structures after the Policy Date -other than boundary walls or fences -which encroach onto the Land. 29. Your Title is unmarketable, which allows someone else to refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it. 30. Someone else owns an interest in Your Title because a court order invalidates a prior transfer of the title under federal bankruptcy, state insolvency, or similar creditors' rights laws. 31. The residence with the address shown in Schedule A is not located on the Land at the Policy Date. 32. The map, if any, attached to this Policy does not show the correct location of the Land according to the Public Records. OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS We will defend Your Title in any legal action only as to that part of the action which is based on a Covered Risk and which is not excepted or excluded from coverage in this Policy. We will pay the costs, attorneys' fees, and expenses We incur in that defense. We will not pay for any part of the legal action which is not based on a Covered Risk or which is excepted or excluded from coverage in this Policy. We can end Our duty to defend Your Title under Section 4 of the Conditions. List of Printed Exceptions and Exclusions EXHIB~: LIST OF PRINTED EXCEPTIONS AND EXC~IONS 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 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 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14 ); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b ). List of Printed Exceptions and Exclusions EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of CALIFORNIA, County of SAN DIEGO, and described as follows: THE NORTHEASTERLY 78 1 /2 FEET OF THE SOUTHEASTERLY 105 FEET OF LOT TWO, BLOCK "R" OF PALISADES NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924. Assessor's Parcel Number: 204-240-40-00 iii CORINTHIAN -TITLE COMPANY STATEMENT OF INFORMATION CONFIDENTIAL INFORMATION STATEMENT TO BE USED IN CONNECTION WITH ORDER NO. _______ _ COMPLETION OF THIS FORM WILL EXPEDITE YOUR ORDER AND WILL HELP PROTECT YOU THE STREET ADDRESS of the property in this transaction is: (If none, leave this section blank) ADDRESS: CITY: IMPROVEMENTS: □ SINGLE RESIDENCE □ MULTIPLE RESIDENCE □ COMMERCIAL OCCUPIED BY: □ OWNER □ LESSEE □TENANTS ANY PORTION OF NEW LOAN FUNDS TO BE USED FOR CONSTRUCTION? DYES □NO NAME SPOUSE'S NAME FIRST MIDDLE LAST FIRST MIDDLE LAST BIRTHPLACE BIRTH DATE BIRTHPLACE BIRTH DATE I HAVE LIVED IN CALIFORNIA SINCE SOCIAL SECURITY NUMBER I HAVE LIVED IN CALIFORNIA SINCE SOCIAL SECURITY NUMBER DRIVER'S LICENSE NO. DRIVER'S LICENSE NO. MAIDEN NAME (if applicable) MAIDEN NAME (if applicable) WE WERE MARRIED ON AT RESIDENCE($) FOR LAST 10 YEARS NUMBER AND STREET CITY FROM TO NUMBER AND STREET CITY FROM TO NUMBER AND STREET CITY FROM TO NUMBER AND STREET CITY FROM TO OCCUPATION($) FOR LAST 10 YEARS HUSBAND PRESENT OCCUPATION FIRM NAME &ADDRESS NO.OF YEARS PRIOR OCCUPATION FIRM NAME &ADDRESS NO.OF YEARS PRIOR OCCUPATION FIRM NAME &ADDRESS NO.OF YEARS WIFE PRESENT OCCUPATION FIRM NAME &ADDRESS NO.OF YEARS PRIOR OCCUPATION FIRM NAME &ADDRESS NO.OF YEARS PRIOR OCCUPATION FIRM NAME &ADDRESS NO.OF YEARS FORMER MARRIAGES: IF NO FORMER MARRIAGES, WRITE "NONE" NAME OF FORMER SPOUSE IF DECEASED: DATE WHERE CURRENT LOAN(S) ON PROPERTY PAYMENTS ARE BEING MADE TO: 2. 1. 3. HOMEOWNERS ASSOCIATION PHONE( ) Date: _________ Signature: ________________________________ _ Home Phone:, ______________ Business Phone: _______________ _ li!I CORINTHIAN TITLE COMPANY -, 2 Venture Plaza, Suite 280 Irvine, CA 92618 Title Officer: Dru Kaplan Phone: 949-546-0552 Email: teamdru@corinthiantitle.com AFFIDAVIT OF NO MORTGAGE OR DEED OF TRUST TITLE ORDER NO.: 8011407-DK PROPERTY ADDRESS: 320 HEMLOCK AVENUE, CARLSBAD CA 92008 THIS AFFIDAVIT, WHEN COMPLETED, IS TO BE SIGNED AND NOTARIZED BEFORE RETURNING. BE SURE TO COMPLETE ALL THE REQUESTED INFORMATION TO ENABLE THIS COMPANY TO PROPERLY PROCESS THE PENDING TRANSACTION. each for Himself and/or Herself, declare: a. that to my/our personal knowledge there are NO encumbrances in the form of a Mortgage or Deed of Trust against the property in this transaction; b. that this declaration is made for the protection of all parties to this transaction and particularly for the benefit of Corinthian Title Company, Inc., Agent, which is about to cause to be insured the Title to said property in reliance thereon, and any other title company which may hereafter insure the Title to said property; and c. that I/we will testify, declare, depose, or certify before any competent tribunal, officer, or person, in any case now pending or which may hereafter be instituted, to the truth of the particular facts hereinabove set forth. SELLER/OWNER 1 SELLER/OWNER 2 A notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of california County of ____________ _ On ________ before me, _____________________ _ (Date) (Here Insert Name and Title of the Officer) personally appeared ___________________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of california that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________ _ TRUST CERTIFICATION PURSUANT TO CALIFORNIA PROBATE CODE SECTION 18100.5 I (We), (Name of Trustee{s) Trustees of the (Name of Trust) (hereinafter referred to as "The Trust"), confirm the following facts: 1. The Trust is currently in existence and was created on (date of creation of trust) 2. The Settlor(s) of The Trust are as follows: 3. The currently acting Trustee(s) of The Trust is (are): 4. The power of the trustee(s) includes a. The power to sell, convey and exchange: □ Yes □ No b. The power to borrow money and encumber the trust property with a deed of trust or mortgage: □ Yes □ No 5. The Trust is: (select one) □ Revocable □ Irrevocable And the following party(ies), if any, is/are identified as having the power to revoke the trust: 6. The Trust □ does □ does not have multiple trustees. If the trust has multiple trustees, the signatures of all the trustees or of any _______ of the trustees is required to exercise the powers of the trust. 7. The Trust identification number is: -----,-(Soc.,----,ia---:-l--=Sec,-ur.-ity_o_r---Em_ip_fo:-y,--ee-J.-::--ai:-en-ti=nc.--ati....,.a_n....,.M.,...um-'be-,--r),----------- 8. Title to assets of The Trust shall be taken in the following fashion: The undersigned trustee(s) hereby declare(s) that the trust has not been revoked, modified or amended in any manner which would cause the representations contained herein to be incorrect. This certification is being signed by all of the currently acting trustees and is being executed in conformity with the provisions of california Probate Code Section 18100.5, Chapter 530, Statutes of 1993. Dated: (This form must be acknowledged) CaHfornia All-Purpose Acknowledgement Civil Code§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _____________ _ On _______ before me, _________________________ _ (Date) (Here Insert Name and Title of the Officer) personally appeared ______________________________ _ (Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _____________ _ (Seal) ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• OPTIONAL INFORMATION Description or Title of the Attached Document: TRUST CERTIFICATION PURSUANT TO CALIFORNIA PROBATE CODE SECTION 18100.5 Number of Pages: ___ Document Date: Capacity Claimed by Signer(s): TRUSTEE(S) 09 co N ~ v N .J. 0 N ( @ THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY Of THE DATA SHOWN. 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'" cc .H '""""' 15 .... 3-4 ::oNDC 16 529 " ..,,.,. ,,, .,,, MAP 7961 -CARLSBAD TCT NO 73-30 MAP 1803-PALISADES NO 2-BLKS Q&R MAP 1747-PALISADES-BLKS N & 0 ROS 3234, 22050 • () ) i Order No.: 8011407-DK Policy No.: CA427-35361-01 SCHEDULE A Name and Address of Title Insurance Company: NORTH AMERICAN TITLE INSURANCE COMPANY 1855 Gateway Boulevard, Suite 600, Concord, CA 94520 Policy No.: Date of Policy: Address Reference: CA427-35361-01 07/27/2020 at 10:25am 320 HEMLOCK AVENUE, CARLSBAD, CA 92008 Liability: Premium: 1. Name of insured: 320 HEMLOCK, LLC. A CALIFORNIA LIMITED LIABILITY COMPANY 2. The estate or interest in the land which is covered by this policy is: AFEE 3. Title to the estate or interest in the land is vested in: 320 HEMLOCK, LLC. A CALIFORNIA LIMITED LIABILITY COMPANY $1,450,000.00 $2,720.00 4. The land referred to in this policy is situated in the state of CALIFORNIA, county of SAN DIEGO, and is described as follows: See Exhibit "A" attached hereto and made a part hereof. Corinthian Title Company, Inc. -1 -Cl TA Standard Coverage Policy -1990 Order No.: 8011407-DK Policy No.: CA427-35361-01 EXHIBIT "A" LEGAL DESCRIPTION THE NORTHEASTERLY 78 1/2 FEET OF THE SOUTHEASTERLY 105 FEET OF LOT TWO, BLOCK "R" OF PALISADES NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924. Assessor's Parcel Number: 204-240-40-00 Corinthian Title Company, Inc. -2 -Cl TA Standard Coverage Policy -1990 Order No.: 8011407-DK Policy No.: CA427-35361-01 SCHEDULE B 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: PARTI 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, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) (b) Unpatented mining claims; 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 unless such lien is shown by the public records at Date of Policy. Corinthian Title Company, Inc. -3 -CLTA Standard Coverage Policy -1990 ~ Order No.: 8011407-DK SCHEDULE B (Continued) Policy No.: CA427-35361-01 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: PARTII 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 which are a lien not yet payable. B. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of california. 1. Water rights, claims or title to water in or under said land, whether or not shown by the public records. 2. THE RECITAL CONTAINED IN THE OWNER'S CERTIFICATE ON THE MAP OF SAID TRACT, WHICH AGREES TO ALLOW THE CROSS-ARMS OF POLES OR OTHER SIMILAR STRUCTURES PLACED ALONG THE RIGHT OF WAY OR CERTAIN HIGHWAYS ON SAID MAP TO OVERHANG THE ABUTTING PROPERTY. 3. The matters contained in an instrument entitled HOLD HARMLESS AGREEMENT DRAINAGE, dated 04/23/1991, by and between STERLING A. EDWARDS AND MILDRED A. EDWARDS AND THE CITY OF CARLSBAD upon the terms therein provided recorded May 14, 1991 AS INSTRUMENT NO. 1991-0225120 OF OFFICIAL RECORDS. Reference is made to said document for full particulars. END OF SCHEDULE B Corinthian Title Company, Inc. -4-CLTA Standard Coverage Policy -1990 TITLE OFFICER: Dru Kaplan ORDER NO.: 8011407-DK DATE: August 26, 2020 11 :28 AM CDG 320 HEMLOCK LLC. 2906 CORTE CELESTE CARLSBAD, CA 92009 Attn: Your Ref: 320 HEMLOCK AVE. TRANSMITTAL PHONE: 949-546-0552 EMAIL: teamdru@corinthiantitle.com FAX: 949-861-9316 PROPERTY ADDRESS: 320 HEMLOCK A VENUE, CARLSBAD, CA BUYER or BORROWER: KMJ REAL ESTATE, LLC Enclosed please find CLTA HOMEOWNER Policy Number CA427-35361-01. Thank you -we appreciate your business! 09 <0 N ,Ill st N J 0 N TlilS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. @sHT.I C •• ~'f. ...... 0 ~ ,..,. .... ,,., s;~t~:~ :~'"@ ~~ ;f::;t •• J C-"i e, ~ i:~ ;!~· sit 0,1 .r.,..,,. 6 0.SSAC O 87 AC 5 ~ •m:/f!~ PO~ .. 4 I• ,,~ ~ CONI ..... ,~SI . 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