HomeMy WebLinkAboutCDP 2021-0040; DIVINEY ADU; Coastal Development Permit (CDP)(_ Cicyof
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Penn/ts
Ill Coastal Development Permit Ill Minor
D Condltlonal Use Permit
D Minor D Extension
D Day Care (Large)
D Environmental Impact Assessment
D Habitat Management Permit
D Hillside Development Permit
D Minor
D Minor
D Nonconforming Construction Permit
D Planned Development Permit D Minor
D Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
D Site Development Plan
D Special Use Permit
D Minor
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance D Minor
(FOR DEPT. USE ONLY) Legislative Penn/ts
CDP 2021-0040 D General Plan Amendment
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
D Zone Change
□Amendment
□Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Penn/ts
D Review Permit
D Administrative D Minor D Major
(FOR DEPT. USE ONLY)
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST
AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT.
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
ASSESSOR PARCEL NO(S): 208-160-32-00 ---------------------------------LO CAT 1O N OF PROJECT: 5065 Ashberry Rd., Carlsbad, CA 92008
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
(STREET ADDRESS)
Diviney ADU
Convert existing garage to ADU
11,000 ESTIMATED COMPLETION DATE 9/30/21
Development No. Dev 2-02 \ -01 Li 0 Lead Case No. CDP 2021-ODL/-0
P-1 Page 1 of6 Revised 10/20
OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT)
INDIVIDUAL NAME
(if applicable): Nathan Diviney INDIVIDUAL NAME
(if applicable): Same as Owner
COMPANY NAME COMPANY NAME
(if applicable): (if applicable):
MAILING ADDRESS: 5065 Ashberry Rd MAILING ADDRESS:
CITY, STATE, ZIP: Carlsbad, CA 92008 CITY, STATE, ZIP:
TELEPHONE: 949-331-4190 TELEPHONE:
EMAIL ADDRESS: ndiviney@hearthstonecap.com EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY 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
PURPO~:~;rLICATION. -IJ. ,,,,-/ 7.J.i2.s/~2,
SIGNATURE / D E ' SIGNATURE DATE
APPLICANT'S REPRESENTATIVE (Print):
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
KNOWLEDGE.
SIGNATURE DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY 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 D BIND ANY SUCCESSORS IN INTEREST.
P-1 Page 2 of 6
JUL 2 ~ 2021
CIT\, tJr CAr LSBAD
r!_l\! 1, 111 'G r-1v1s1 ~ _.1
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 10/20
( City of
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, finn, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Nathan Diviney Corp/Part'"""C_a_rl_ie_D_iv_in_e...;.y ______ _
Title Owner Title Owner -------------Address 5065 Ashberry Rd. Carlsbad Address 5065 Ashberry Rd. Carlsbad
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 Nathan Diviney Corp/Part._C_a_rl_ie_D_iv_in_e_y ______ _
Title Owner Title Owner --------------
Address 5065 Ashberry Rd.
Carlsbad, CA 92008
Address 5065 Ashberry Rd.
Carlsbad, CA 92008
Page 1 of 2 Revised 07/10
'.
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of Arr£ person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust________ Non Profit/Trust. _________ _
Title____________ Title _____________ _
Address. _________ _ Address ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes 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.
A,)~z✓•·.
Signature of own=
Carlie Diviney Digitally signed by Cartie Diviney
Date: 2021.07.20 13:02:58 -07'00'
Nathan Diviney
Print or type name of owner
Signature of applicant/date
Carlie Diviney
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) Page2 of2 Revised 07/10
( Cicyof
Carlsbad
PROJECT DESCRIPTION
P-1(8)
PROJECT NAME: Diviney ADU
APPLICANT NAME: Nathan Diviney
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:
{o11u-eti ei<Mi~ 3ar9:1& -f o
P-1(B) Page 1 of 1 Revised 07/10
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ___________ (To be completed by City)
Application Number(s): ________________________ _
General Information
1. Name of project: _D_i_v_in_e_y_A_D_U ________________ _
2. Name of developer or project sponsor: _N_a_t_h_a_n_D_iv_in_e_y __________ _
Address: 5065 Ashberry Rd
City, State, Zip Code: Carlsbad, CA 92008
Phone Number: 949-331-4190
3. Name of person to be contacted concerning this project: Nathan Diviney
Address: Same ---------------------------
City, State, Zip Code: ______________________ _
Phone Number: -------------------------
4. Address of Project: _5_0_6_5_A_s_h_b_e_r_ry;;_R_d ____________ _
Assessor's Parcel Number: 208-160-32-00 ---------------------
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:
building permit
6. Existing General Plan Land Use Designation: _R_e_s_id_e_n_t_i_a_l _________ _
7. Existing zoning district: _R_-_1 ____________________ _
8. Existing land use(s): Single Family Resdence
9. Proposed use of site (Project for which this form is filed): Single Family Resdence
Project Description
10. Site size: _6_, 1_1_0_S_F ___________________ _
11. Proposed Building square footage: _3_,_0_4_8 ________________ _
12: Number of floors of construction: _2 __________________ _
13. Amount of off-street parking provided: _4 _________________ _
14. Associated projects: _n_o_n_e _____________________ _
P-1(0) Page 2 of 4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes: _________ _
2,810 SF main house
238 SF detached ADU
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: ___________________ _
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: _______ _
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: __________________ _
P-1(D) Page 3 of 4 Revised 07/10
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yes No
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ 0
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or □ 0
roads.
22. Change in pattern, scale or character of general area of project. □ 0
23. Significant amounts of solid waste or litter. □ 0
24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. □ 0
27. Site on filled land or on slope of 1 O percent or more. □ 0
28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0
31. Relationship to a larger project or series of projects. □ 0
Environmental Setting
Attach sheets that include a response to the following questions:
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowledge a belief.
Date: _]_,_/2..-1 .... ,$_! -U=----'2.__.__/ ___ _ f I
For:
P-1(0) Page4 of4 Revised 07/10
(_ 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:
______ square feet x $ ____ /sq. ft.=$ ________ _
⇒ Residential Addition Square Footage:
______ square feet x $ _____ /sq. ft.=$ ________ _
⇒ Any Garage Square Footage:
______ square feet x $ ____ /sq. ft.=$ ________ _
⇒ Residenti~Conversion Square Footage: ·, Al6' a cz ;l:;3 ?l.. square feet x $ L/6,5( /sq. ft. = $ __ /....,.1 .-.V-+ ....... r J ....... [L.....,__ I
⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non-
Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse
uses.) ______ square feet x $ __ /sq. ft.=$ __________ _
COST OF DEVELOPMENT ESTIMATE:$ JI/ fJ6C(, J<t
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimate)~
2. A Coastal Development Permit ($60,000 or more cost estimate) D
C. Street address of proposed development
S0£5 Ash6f1A[ &. ea1&6ar4 at
P-6 Page 1 of7 Revised 08/19
D. Assessor's Parcel Number of pr<!P~ed development
;JtJi-16(2-'5:J--uu
E. Development Description:
Briefly describe project: {L)11Ye/L Jetac/t-er;l
gtaf'dy€:c ta tw/ ftl)~
F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices,
etc.) that surround the proposed development to the:
North:~~ ~q
South: -Cl en o/f !t?&
::, ~:;ff; 2:$ g~:;
G. Is project located within a 100-year flood plain? 0Yes
II. PRESENT USE OF PROPERTY
A. Are there existing structures on the property?
If yes, please describe. ?, tff{)O
B. Will any existing structure be removed/demolished? D Yes
If yes to either question, describe the extent of the demolition or removal, including the relocation
site, if applicable (also show on plans).
Ill. LOT COVERAGE
A. Existing and Proposed
Existing Pro~osed Total
Building Coverage 2 :-J.~ sq . ft . ..er: sq. ft. ~JSO sq.;--·-:Jff
Landscaped Area ~~~-o. sq. ft. _ ~.sq.ft. ~ I(~ CJ sq. ft. 4l
Hardscape Area I. "3QCJ sq. ft. dJ: sq. ft. ~ ;Joo sq. ft. J{ I
Unimproved Area (Left Natural) sq. ft. sq. ft. sq. ft.
p
(
PLr -.. \ .-.J
P-6 Page 2 of 7 Revised 08/19
%
%
%
%
P-6
B. Parking: Number of existing spaces Cj
Number of new spaces proposed __ 7 ____ _
Existing/Proposed TOTAL: l(
Number of total spaces required--~-----
Number of covered spaces d
Number of uncovered spaces ___ 2,~----
Number of standard spaces l{
Number of compact spaces _ff
Is tandem parking existing? ~ Yes #..2,_ D No
Is tandem parking proposed? D Yes # __ ~ No
C. Grade Alteration: r/i
Is any grading proposed? D Yes ~ No
If yes, please complete the following:
1. Amount of cut __________________ cu. yds.
2. Amount of fill cu. yds.
3.
4.
5.
6.
Maximum height of fill slope _____________ feet
Maximum height of cut slope feet
Amount of import or export cu. yds.
Location of borrow or disposal site _______________ _
Page 3 of7 Revised 08/19
Development Services
Planning Division
1635 Faraday Avenue
760-602-4610
www.carlsbadca.gov
PURPOSE
C
CLIMATE ACTION PLAN
CONSISTENCY CHECKLIST
P-30
{City of
Carlsbad
In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that
the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions
reductions. This checklist contains measures that are required to be implemented on a project-by-project
basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are
achieved. Implementation of these measures will ensure that new development is consistent with the
CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG)
reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions
effect may be determined not to be cumulatively considerable if it complies with the requirements of the
CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b).*
*City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act
projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section
15183.S(b). Please consult with the Planning Department for further guidance. Additional information
may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report.
This checklist is intended to assist project applicants in identifying CAP ordinance requirements and
demonstrate how their project fulfills those requirements. This checklist is to be completed and included
in applications for new development projects that are subject to discretionary review or require a building
permit.
APPLICATION SUBMITTAL REQUIREMENTS
• The completed checklist must be included in the project submittal package or building permit
application. Application submittal procedures can be found on the City of Carlsbad website. This
checklist is designed to assist the applicant in identifying the minimum CAP-related requirements
specific to their project. However, it may be necessary to supplement the completed checklist with
supporting materials, calculations or certifications, to demonstrate full compliance with CAP
requirements. For example, projects that propose or require a performance approach to comply
with energy-related measures will need to attach to this checklist separate calculations and
documentation as specified by the ordinances.
• If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum
required by ordinance, an explanation must be provided to the satisfaction of the Planning Division
or building official.
• The requirements in the checklist will be included in the project's conditions of approval or issuance
of building permit.
• Details on CAP ordinance requirements are available on the city's website.
P-30 Page 1 of7
JUL 2 J 2021
CITY Oi= CJ\F~LSB/\D
:-' ~p._ \\] !\) i :· ! (:: S ! \ / ! , ~ ! , ~ , Revised 02/20
City of Carlsbad Climate Action Plan 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.
I STEP1 Land Use Consistency
Checklist Item
(Check the appropriate box and provide an explanation and supporting documentation for your answer)
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?
l
Yes No
□
If "Yesn, 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 "Non, 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 MTCChe/year screening threshold.
If "Y~, proceed to Step 2 of the checklist.
'}i( □
If "Non, 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 of the 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 Plan Consistency Checklist
STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS
Completion ofthis 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:
AppUcatlon Information
Contact Phone: qqq-25{-lfiqo Contact Email:Jud((/[,Z-f V~fttlJiTJ15RJJ1-ef.Jl!Cl}JAt
{
Contact information of person completing this checklist (if different than above):
Name: ;i°afttJ& Contact Phone:
Company
name/address: 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 760-6 2-2719 or by email at building@carlsbadca.gov.
Estimated Building Permit Valuation (BPV): $_......,..+--._, .......... __ _...~--
COnstructlon Type
Residential
D New construction
BPV ~ $60,000
0 BPV ~ $60,000
D Electrical service panel upgrade
0 BPV ~ $200,000
0 Nonresidential
D New construction
D Alterations:
P-30
2A, 3A and4A
lA
lA and 4A
4A
1Aand4A
I ~B, 2B, 38, 48 and
Page 3 of7
Notes:
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 Plan Consistency Checklist
□ 8PV .?: $200,000 or additions .?: 18, 5 1,000 square feet
□ 8PV .!: $1,000,000 18, 2B and 5 Building alterations of~ 75% existing gross floor area
□ ~ 2,000 sq. ft . new roof addition 2B and 5 18 also applies if 8PV.?: $200,000
·-
CAP Ordinance Compliance
Chtddlst Item
Check the appropriate boxes, explain all not applicable and exception items, and provide supporting calculations and documentation as
necessary.
1. EMflY Efficiency
Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information when completing this section.
A. ~ Residential addition or alteration~ $60,000 building permit valuation. D N/A _________ _
See Ord. CS-347, Section 8. D Exception: Home energy score ~ 7
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
f 1991 and later
B. D Nonresidential* new construction or alterations~ $200,000 building pennit 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
D Restaurant service water heating (comply with California Energy Code Section 140.5, as amended)
AS.203.1.2.1
Choose one as applicable: D .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 framin
P-30 Page 4 of 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
D N/A
D N/A
D N/A
D N/A
D N/A
Revised 02/20
City of Carlsbad Climate Action Plan Consistency Checklist
□ 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.
2. Phatovoltak: Systems
A. D 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, inaease system size by
.3kWdc if PV offset option is selected.
Floor Plan ID (use additional CFA #d.u. Calculated kWdc*
sheets if necessary)
Total System Size:
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 inaeases roof area by ~,000
square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section.
Choose one of the following methods:
0 Gross Floor Area (GFA) Method
GFA:
D If< 10,DOOs.f. Enter: 5 kW de
Min. System Size:
D If~ 10,000s.f. calculate: 15 kWdc x (GFA/10,000) **
___ kWdc
**Round building size factor to nearest tenth, and round system size to nearest whole number.
D 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 Plan Consistency Checklist
3. Water Heatl,w
A. D Residential and hotel/motel new construction
Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section.
□ 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
□ 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:
B. D 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 □ 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:
! 4. Electric Vehicle Olarpll
A. D Residential New construction and major alterations•
Please refer to Carlsbad Ordinance CS-349 when completing this section.
□ One and two-family residential dwelling or townhouse with attached garage:
D One EVSE ready parking space required D Exception :
□ Multi-family residential· □ Exception ·
Total Parking Spaces EVSESpaces
Proposed Capable I Ready
I
Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number)
EVSE Installed= Total EVSE Spaces x .50 (rounded upto nearest whole number)
EVSE other= Total EVSE spaces -EVSE Installed
(EVSE other may be "Capable," "Read( or "Installed.")
I
I
Installed I
I
Total
P-30 Page 6 of7 Revised 02/20
' r'
City of Carlsbad Climate Action Plan 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 (lndudes 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 SO percent of Required EV Spaces
5. D Transportation Demand Management (TOM)
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 ADT Table.
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.11 requires new development that adds vehicle traffic
to vehicle L05-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
( Cicyof
Carlsbad
STORM WATER STANDARDS
QUESTIONNAIRE
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
E-34
I INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects, the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project. Depending on the
outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City
staff has responsibility for making the final assessment after submission of the development application. If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you , this will result in the return of the development application as incomplete. In this case, please
make the changes to the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application. Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
PROJECT INFORMATION
PROJECT ID:
ADDRESS:
The project is (check one): D New Development
The total proposed disturbed area is: f{(} ft2 ( .._ __ ___,) acres
The total proposed newly created and/or replaced impervious area is: f}O ft2 (.._ __ _,) acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID ________________ SWQMP #: ________________ _
Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your
application to the city.
E-34 Page 1 of 4
-~Ecr, 1 ;-·--. .. tJ
JUL 2 3 2071
CITY OF Ci\, l ~) ii' 1)
P~A~~~l\'.2 =:·v :~, :: .._J
REV 03/19
STEP 1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building ~ □ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my
project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
u>nvell f Xis1iiji 6-afaje, fl} (JJ1 /t[)t&
If you answered "no" to the above Question, the proiect is a 'development proiect', ao to Step 2.
STEP2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; OR □ □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR
c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets auidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ □ accordance with the USEPA Green Streets guidance?
3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark
the second box stating "my project is EXEMPT from PDP ... "and complete applicant information.
Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above auestions, vour oroiect is not exempt from PDP, ao to Step 3.
E-34 Page2 of4 REV 03/19
STEP3
TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)):
YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ □ and public development projects on public or private land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ □ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or private land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is
a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ □ refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project? A hillside □ □ development proiect includes development on anv natural slope that is twentv-five oercent or Qreater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ □ a land area or facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the
transoortation of automobiles trucks motorcvcles, and other vehicles.
7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ □ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not comminaled with flows from adjacent lands).*
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ □ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013 5014, 5541, 7532-7534, or 7536-7539.
9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ □ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADn of 100 or more vehicles oer dav.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ □ and are expected to generate pollutants post construction?
11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ □ 21 .203.040)
If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment
project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... "
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the
second box stating "My project is a 'STANDARD PROJECT' ... " and complete aoolicant information.
E-34 Page 3 of 4 REV 03/19
' ' . ,j
STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50% of the surface area of the previously existing development? Complete the percent
impervious calculation below:
Existing impervious area (A) = sq. ft. □ □
Total proposed newly created or replaced impervious area (8) = sq. ft.
Percent impervious area created or replaced (8/A)*100 = %
If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete
applicant information.
If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the
check the first box statina "Mv croiect is a PDP ... " and complete acclicant information.
STEPS
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
0 My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project
Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
~ My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name lJaJ],1fl'd tlJ.1JJne1 Applicant Title: Ou1Wff
Applicant Signature: '?/ ✓ ;:y. ---7 jzs/Zoz.L Date: r /
• Environmentally Sensitive Areas include but are not limae<J to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat
Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City.
This Box for City Use Only
YES NO
City Concurrence: □ □
By:
Date:
Project ID:
E-34 Page4 of4 REV 03/19
CONDITION OF TITLE
Guarantee Number:
Issued By:
@ CHICAGO TITLE mSURANCE COMPANY 73721005798
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS A TT ACHED HERETO
AND MADE A PART OF THIS GUARANTEE,
CHICAGO TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A of this Guarantee
against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of
any incorrectness in the Assurances set forth in Schedule A
Chicago Title Company
2365 Northside Drive, Suite 600
San Diego, CA 92108
Countersigned By:
Brian Olenik
Authorized Officer or Agent
Condition of Title Guarantee
Cl TA Guarantee Form No. 28 (06/05/2014)
Page 1
Chicago Title Insurance Company
By:
Attest:
Randy Quirk, President
Marjorie Nemzura, Secretary
JUL 2 J 2021
Cr,-/OF __,/,.1,L:--,,)AO
P!_,A_!\l!J', r~ r:1 /IC,I~ .,
Printed: 05.20.21 @ 09:47 AM
CA-CT-FW00-02180.055820-SPS-1-21-73721006434
C
CHICAGO TITLE INSURANCE COMPANY
Amount of Liability
$5,000.00
ISSUING OFFICE:
Title Officer: Richard Moore
Chicago Title Company
2365 Northside Drive, Suite 600
San Diego, CA 92108
Phone: (619)521-3590 Fax: (619)521-3690
Main Phone: (619)521-3500
Email: moorer@ctt.com
SCHEDULE A
Fee
$
Date of Guarantee: May 6, 2021 at 07:30 AM
1. Name of Assured: Hearthstone Capital LLC
2. The estate or interest in the Land which is covered by this Guarantee is:
A Fee as to Parcel(s) 1
Easement(s) more fully described below as to Parcel(s) 2
3. The Land referred to in this Guarantee is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
4. ASSURANCES:
According to the Public Records as of the Date of Guarantee,
a. Title to the estate or interest in the Land is vested in:
GUARANTEE NO. 73721006798
Title Officer
Richard Moore
Nathan Diviney and Carlie Burt Diviney, husband and wife, as community property with right of survivorship
b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not
necessarily shown in the order of their priority.
Condition of Title Guarantee
Cl TA Guarantee Form No. 28 (08/05/2014)
END OF SCHEDULE A
Page2
Printed: 05.20.21 @ 09:47 AM
CA-CT-FWD0-021 B0.055820-SPS-1-21-73721006434
C
For APN/Parcel ID(s): 208-160-32-00
PARCEL 1:
EXHIBIT "A"
Legal Description
LOT 32 OF CARLSBAD TRACT NO. 96-07, KELLY RANCH VILLAGE E, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13715, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 31,1998.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT ON AND OVER THE "COMMON AREA" AS DEFINED IN THE DECLARATION
(DEFINED BELOW), FOR USE, OCCUPANCY AND ENJOYMENT OF, AND INGRESS AND EGRESS TO, THE
AMENITIES LOCATED THEREON, SUBJECT TO THE TERMS AND PROVISIONS OF THE DECLARATION. THIS
EASEMENT IS APPURTENANT TO PARCEL 1 ABOVE DESCRIBED AND SHALL BECOME EFFECTIVE AS TO EACH
LOT WITHIN THE COMMON AREA UPON THE LATER TO OCCUR OF (I) THE RECORDATION OF THIS DEED, OR
(II) THE CONVEYANCE OF RECORD OF THE COMMON AREA TO THE ASSOCIATION (DEFINED BELOW).
Condition of Title Guarantee
Cl TA Guarantee Form No. 28 (06/05/2014)
Page3
Printed: 05.20.21 @ 09:47 Afli
CA-CT-FWD0-02180.055820-SPS-1-21-73721006434
C
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73721005798
SCHEDULE B
1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be
levied for the fiscal year 2021-2022.
2. Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For
proration purposes the amounts were:
Tax Identification No.:
Fiscal Year:
1 st Installment:
2nd Installment
Exemption:
Code Area:
208-160-32-00
2020-2021
$4,995.45
$4,995.45
$7,000.00
09124
3. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and
Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as
a result of changes in ownership or new construction occurring prior to Date of Policy.
4. The herein described Land is within the boundaries of the Mello-Roos Community Facilities District(s). The annual
assessments, if any, are collected with the county property taxes. Failure to pay said taxes prior to the
delinquency date may result in the above assessment being removed from the county tax roll and subjected to
Accelerated Judicial Bond Foreclosure. Inquiry should be made with said District for possible stripped
assessments and prior delinquencies.
5. Easement(s) or right(s) of way for the purpose(s) shown below and rights incidental thereto, as granted and/or
reserved in various deeds of record:
Purpose: Ingress and egress, pipelines, drainage and/or public utilities and incidental purposes thereto
over, under, along and across the easement parcel(s) herein described.
Affects: Parcel 2
6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No.:
San Diego Gas & Electric Company
public utilities and incidental purposes
April 22, 1953
in Book 4830, Page 219 Official Records
Affects: the exact location and extent of said easement is not disclosed of record.
7. Matters contained in that certain document
Entitled:
Recording Date:
Agreement
May 14, 1954
Recording No.: in Book 5238, Page 180 Official Records
Reference is hereby made to said document for full particulars.
Condition of TIiie Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)
Page4
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CA-CT-FWD0-02180.055820-SPS-1-21-73721006434
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CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B
(continued)
GUARANTEE NO. 73721005798
8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No.:
W. D. Cannon
line or independent lines of pipe
May 8, 1954
in Book 5422, Page 581 Official Records
Affects: the route thereof affects a portion of said land and is more fully described in said document
9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No.:
Paul Ecke and Magdalena Ecke
line or independent lines of pipe
December 1, 1954
in Book 5446, Page 324 Official Records
Affects: the route thereof affects a portion of said land and is more fully described in said document.
10. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No.:
Investment Securities Corporation
road and incidental purposes
March 26, 1964
55458 Official Records
Affects: the exact location and extent of said easement is not disclosed of record.
11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Purpose:
Recording Date:
access and the right to pass over a strip of land 30 feet in width by any convenient route
March 24, 1965
Recording No.: 52516 Official Records
Affects: the exact location and extent of said easement is not disclosed of record.
12. The fact that said land lies within the "Kelly Ranch Annexation" to the City of Carlsbad, as disclosed by instrument
recorded December 3, 1984 as file no. 84-450327 of Official Records.
Reference is hereby made to said document for full particulars.
13. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
Deed Restriction
August 20, 1985
85-301300 Official Records
Reference is hereby made to said document for full particulars.
14. Matters contained in that certain document
Entitled: Agreement Regarding Fees for Facilities and Improvements as Required by Growth
Management System
Recording Date: August 31, 1987
Recording No.: 87-492987 Official Records
Reference is hereby made to said document for full particulars.
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)
Page5
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CA-CT-FWDQ.02180.055820-SPS-1-21-73721006434
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CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B
( continued)
~
~
GUARANTEE NO. 73721005798
15. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No.:
Kelly Family Trust No. 1
ingress and egress
May 14, 1990
90-263681 Official Records
Affects: the exact location and extent of said easement is not disclosed of record.
16. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
Agreement
June 30, 1993
1993-0417108 Official Records
Reference is hereby made to said document for full particulars.
17. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
Agreement
December 19, 1997
1997-064834 7 Official Records
Reference is hereby made to said document for full particulars.
18. Declaration of covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but
not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual
orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military
status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth
in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable
law, as set forth in the below document, which, among other things, may contain or provide for easements;
assessments, liens and the subordination thereof; said covenants, conditions and restrictions provide that a
violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value:
Recording Date:
Recording No:
February 27, 1998
1998-0103878 Official Records
19. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
Option to Repurchase Agreement
September 22, 1998
1998-0605047 Official Records
Reference is hereby made to said document for full particulars.
20. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
Brush Management
September 22, 1998
1998-0605048 Official Records
Reference is hereby made to said document for full particulars.
Condition of TIiie Guarantee
Cl TA Guarantee Form No. 28 (06/05/2014)
Pages
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CA-CT-FWD0-02180.055820-SPS-1-21-73721006434
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CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B
( continued)
21. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
Hold Harmless Drainage
November 6, 1998
1998-0726204 Official Records
Reference is hereby made to said document for full particulars.
22. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
Hold Harmless Drainage
November 6, 1998
1998-0726205 Official Records
Reference is hereby made to said document for full particulars.
23. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
Hold Harmless Geological Failure
November 6, 1998
1998-0726206 Official Records
Reference is hereby made to said document for full particulars.
24. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
Hold Harmless Geological Failure
November 6, 1998
1998-0726207 Official Records
Reference is hereby made to said document for full particulars.
25. Matters contained in that certain document
GUARANTEE NO. 73721005798
Entitled:
Recording Date:
Easement, Maintenance of a Desiltation/Detention/Urban Pollutant Basin Agreement
November 19, 1998
Recording No.: 1998-0753223 Official Records
Reference is hereby made to said document for full particulars.
26. Matters contained in that certain document
Entitled:
Recording Date:
Easement, Maintenance of Recreational Vehicle Lot Agreement
November 19, 1998
Recording No.: 1998-0753224 Official Records
Reference is hereby made to said document for full particulars.
Condition of Title Guarantee
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CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B
( continued)
27. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
Easement, Maintenance of a Lit Station Agreement
November 24, 1998
1998-0765410 Official Records
Reference is hereby made to said document for full particulars.
28. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
Access Easement Agreement
November 24, 1998
1998-0765411 Official Records
Reference is hereby made to said document for full particulars.
29. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
A Sign Easement Agreement
November 24, 1998
1998-0765412 Official Records
Reference is hereby made to said document for full particulars.
30. Cable Television easement and service agreement created by
"'"' _.)
GUARANTEE NO. 73721005798
Document entitled:
Recording Date:
Cable Television Construction Wiring Agreement and Easement
December 28, 1998
Recording No.: 1998-0848021 Official Records
Affects: the exact location and extent of said easement is not disclosed of record.
Reference is hereby made to said document for full particulars.
31. Matters contained in that certain document
Entitled: Agreement
Recording Date:
Recording No.:
January 11, 1999
1999-0015247 Official Records
Reference is hereby made to said document for full particulars.
and amended
Recording Date: February 22, 2002
Recording No.: 2002-0150292 Official Records
Condition of TIiie Guarantee
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CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B
(continued)
32. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
Agreement
February 3, 1999
1999-0066149 Official Records
Reference is hereby made to said document for full particulars.
----,._)
GUARANTEE NO. 73721005798
33. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No.:
San Diego Gas & Electric Company
public utilities and incidental purposes
May 5, 1999
1999-0304224 Official Records
Affects: the exact location and extent of said easement is not disclosed of record.
34. Declaration of covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but
not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual
orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military
status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth
in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable
law, as set forth in the below document, which, among other things, may contain or provide for easements;
assessments, liens and the subordination thereof; said covenants, conditions and restrictions provide that a
violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value:
Recording Date: March 28, 2000
Recording No: 2000-0154852 Official Records
and Re-Recording Date: June 5, 2000
and Re-Recording No.: 2000-0293109 Official Records
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage
or deed of trust made in good faith and for value.
Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien
of a first mortgage or first deed of trust made in good faith or for value.
The provisions of said covenants, conditions and restrictions were extended to include the herein described Land
by an instrument
Recording Date: August 16, 2000
Recording No.: 2000-0435194 Official Records
35. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
Common Maintenance Area Easement Agreement
May 31, 2000
2000-0284376 Official Records
Reference is hereby made to said document for full particulars.
and Re-Recording Date: July 12, 2000
and Re-Recording No.: 2000-0368529 Official Records
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)
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CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B
( continued)
36. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
Notice Concerning Real Property Canterbury
April 18, 2001
2001-0238767 Official Records
Reference is hereby made to said document for full particulars.
37. A deed of trust to secure an indebtedness in the amount shown below,
Amount:
Dated:
$615,000.00
March 15, 2016
"'"""· -..,,,I
GUARANTEE NO. 73721005798
Trustor/Grantor
of survivorship
Trustee:
Nathan Diviney, and Carlie Burt Diviney, husband and wife, as community property with right
Recontrust Company, N.A.
Beneficiary: Mortgage Electronic Registration Systems, Inc. C'MERS") as Nominee for Bank of America,
N.A.
Loan No.: not shown
Recording Date: March 23, 2016
Recording No.: 2016-0130056 Official Records
38. Any 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.
39. In order to complete this report, the Company requires a Statement of Information to be completed by the
following party(ies),
Party(ies): sellers
The Company reserves the right to add additional items or make further requirements after review of the
requested Statement of Information.
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 affect 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.
40. In order to complete this report, the Company requires a Statement of Information to be completed by the
following party(ies),
Party(ies): buyers
The Company reserves the right to add additional items or make further requirements after review of the
requested Statement of Information.
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 affect 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.
Condition of Title Guarantee
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CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B
( continued)
GUARANTEE NO. 73721005798
41. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation,
distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving
Land that is associated with these activities.
42. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any
transaction that includes the conveyance of title by an agency of the United States must be approved in advance
by the Company's State Counsel, Regional Counsel, or one of their designees.
Condition of Title Guarantee
CL TA Guarantee Form No. 28 (06/05/2014)
END OF SCHEDULE B
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CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73721005798
EXCLUSIONS FROM COVERAGE
Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered,
assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured.
(c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records.
(d) The identity of any party shown or referred to in any of the schedules of this Guarantee.
(e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee.
(f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) proceedings by a public agency which
may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records
of the taxing authority or by the Public Records.
(g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title
to water, whether or not the matters excluded under (1 ), (2) or (3) are shown by the Public Records.
GUARANTEE CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company.
(b) "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term
"Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or
easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without knowledge.
(e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A.
(f) "Amount of Liability'': the Amount of Liability as stated in Schedule A.
2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED
The Assured shall notify the Company promptly in writing in case knowledge shaH come to the Assured of any assertion of facts, or claim of title or
interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under
this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shal terminate with regard to the matter or
matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the
Assured under this Guarantee unless the Company shaH be prejudiced by the failure and then only to the extent of the prejudice.
3. NO DUTY TO DEFEND OR PROSECUTE
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of
any allegation in such action or proceeding.
4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED TO COOPERATE
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as
limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the
assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action
under the terms of this Guarantee, whether or not it shall be liable hereunder, and shal not thereby concede liability or waive any provision of
this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 4 (a) the Company shall have the right to select counsel of its choice
(subject to the right of the Assured to object for reasonable cause) to represent the Assured and shaH not be liable for and will not pay the
fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of
action which aHege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company
may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to
appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shaH
secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit
the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the
Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to estabHsh the
correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced
by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall
terminate.
Condition of Title Guarantee
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CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73721005798
(continued)
5. PROOF OF LOSS OR DAMAGE
(a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of
payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that
constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage.
(b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company
and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after
Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company,
the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or
damage. Al information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be
disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the
Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably
necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall
terminate any liability of the Company under this Guarantee to the Assured for that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY
In case of a claim under this Guarantee, the Company shaU have the following additional options:
(a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were
authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay.
(b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs,
attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment
and that the Company is obligated to pay; or
(c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys'
fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the
Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shaU terminate, including any duty to
continue any and all Htigation initiated by the Company pursuant to Paragraph 4.
7. LIMITATION OF LIABILITY
(a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has
suffered loss or damage by reason of retiance upon the assurances set forth in Schedule A and only to the extent herein described, and
subject to the Exclusions From Coverage of this Guarantee.
(b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien, or
encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation
and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for
any loss or damage caused thereby.
(c) In the event of any litigation by the Company or with the Company's consent, the Company shaU have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom.
(d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit
without the prior written consent of the Company.
8. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY
All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the
Amount of Liability under this Guarantee pro tanto.
9. PAYMENT OF LOSS
(a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or
destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be
payable within thirty (30) days thereafter.
10. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by
any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property
in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shal permit the Company to sue,
compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or
remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shaH be subrogated to au rights and remedies of the
Assured after the Assured shall have recovered its principal, interest, and costs of collection.
Condition of Title Guarantee
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CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73721005798
( continued)
11. ARBITRATION
Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance
Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with
claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company
and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a
Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when
the amount of liability is Two Million And No/100 DoUars ($2,000,000) or less shall be arbitrated at the option of either the Company or the
Assured. All arbitrable matters when the amount of liability is in excess of Two Million And No/100 Dollars ($2,000,000) shall be arbitrated only
when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the
parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.
12. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT
(a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the
Assured and the Company. In Interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either
the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company.
13. SEVERABILITY
In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be
deemed not to include that provision or such part held to be invalid, but au other provisions shall remain in full force and effect.
14. CHOICE OF LAW; FORUM
(a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium
charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or
enforcement of Guaranties of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are
adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts
of law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court
within the United States of America or its territories having appropriate jurisdiction.
15. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this
Guarantee and shall be addressed to the Company at:
Chicago Title Insurance Company
P.O. Box 45023
Jacksonville, FL 32232-5023
Attn: Claims Department
Condition of Title Guarantee
CL TA Guarantee Form No. 28 (08/05/2014)
END OF CONDITIONS
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