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Home My WebLink AboutCT 2017-0007; TAMARACK BEACH HOMES; Engineering Application~ ---------------1--------------- City of lsbad APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Complete all appropriate information. Write N/A when not applicable. Project Name: 438 Tamarack Avenue Date: 4/3/2019 Project Description: The project proposes demolition of all existing structures onsite and construction of 5 new single-family units. This aEElication is to grant an easement for Eublic street and utili!)'. EU!Eoses to the Ci!)'. of Carlsbad. Project Address: 438 Tamarack A venue, Carlsbad CA 92008 Lot No(s).: Portion Lot 5 Map No.: 9825 APN(s): 204-280-23 Number of Lots: 1 exist/ 1 eroeosed Number of Acres: 0.40 Miles of Trails: N/A Owner: 438 Tamarack, LLC, a CA LLC Applicant: Mike Fulton Almeria Investments Mailing Address: 817 Clark A venue Mailing Address: 817 Clark A venue Encinitas, CA 92024 Encinitas, CA 92024 Phone Number: (760) 207-3740 Phone Number: (760) 207-3740 Fax Number: Fax Number: E-mail: michael@almeriainv.com E-mail: michael@almeriainv.com I certify that I am the legal owner and that all the above information is true and correct to the best of my knowledge. Signature: --~_;...-,~4..,, Date: 4/2/19 S. -~--~✓ 1gnature: ..... ___ +2, Date: 4/2/19 Civil Engineer: Tyler Lawson Soils Engineer: Mamadou S. Diallo Firm: Pasco, Laret, Suiter & Associates Firm: East County Soil Consultation and Eng. Mailing Address: 535 N. Highway 101, Suite A Mailing Address: I 0925 Hartley Road, Suite I Solana Beach, CA 92075 Santee, CA 92071 Phone Number: {858} 259-8212 Ext. 113 Phone Number: (619) 258-7901 Fax Number: (858) 259-4812 Fax Number: (619) 258-7902 E-mail: tlawson@plsaengineering.com E-mail: State Registration Number: PE #80356 State Registration Number: PE #54071 / GE #2704 Additional Comments: IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) IZ] Carlsbad Municipal Water District D Olivenhain D Vallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ GRADING QUANTITIES cut 125 cy fill 250 cy remedial 640 cy import 125 cy export 0 cy E-23 Page 1 of 2 REV 07/14 City of Carlsbad ~ ...... , ------------:------------, APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Complete all aooropriate information Write N/A when not applicable. APPLICATION FOR (check all that apply) D Adjustment Plat (ADJ) D Certificate of Compliance (CE) D Dedication of Easement (PR) Type: Type: D Encroachment Permit (PR) 0 Final Map (FM) 0 Grading Plancheck (DWG) D Improvement Plancheck (DWG) D Parcel Map (PM) D Quitclaim of Easement (PR) Type: D Reversion to Acreage (RA) D Street Vacation (STV) D Tentative Parcel Map (MS) D Certificate of Correction (CCOR) D Covenant of Easement (PR) LJ Substantial Conformance Exhibit (SCE) D Trails D < mile D > mile D Other II APPLICATIONAC~EP~ED BY: E-23 Project Drawing 1.0. Number Page 2 of 2 FOR CITY USE ONLY Deposit /Fees Paid II Comments OATESTAMP APPLICATION RECEIVED REV 07/14 Citv of rlstjad APPLICATION ENGINEERING PLAN CHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Complete all appropriate information Write N/Awhen not aoolicable Project Name: 438 Tamarack Avenue Date: 7/31/2018 Project Description: The project proposes demolition of all existing structures onsite and construction of 5 new single-family units, along with site grading and utility improvements typical of this type of development. Project Address: 438 Tamarack Avenue, Carlsbad CA 92008 Lot No(s).: Portion Lot 5 Map No.: 9825 APN(s): 204-280-23 Number of Lots: 1 exist/ 1 proposed Number of Acres: 0.40 Miles of Trails: NIA Owner: 438 Tamarack, Inc Applicant: Ben Ryan for, 438 Tamarack, Inc Mailing Address: 2079 Gamet Avenue Mailing Address: 2079 Gamet A venue San Diego, CA 92109 San Diego, CA 92109 Phone Number: (858) 799-1020 Phone Number: (858) 799-1020 Fax Number: Fax Number: E-mail: ben@tourmalineproperties.com E-mail: ben@tourmalineproperties.com I certify that I am the legal owner and that all the above information is true andd J;:rrect to the best of my knowledge. Signature: ~ Date: 7/30/18 Signature: ~dl,r-Date: 7/30/18 Civil Engineer: Tyler Lawson Soils Engineer: Mamadou S. Diallo Firm: Pasco, Laret, Suiter & Associates Firm: East County Soil Consultation and Eng. Mailing Address: 535 N. Highway 101, Suite A Mailing Address: 10925 Hartley Road, Suite I Solana Beach, CA 92075 Santee, CA 92071 Phone Number: (858) 259-8212 Ext. 113 Phone Number: {6192 258-7901 Fax Number: (858) 259-4812 Fax Number: (619) 258-7902 E-mail: tlawson@plsaengineering.com E-mail: State Registration Number: PE #80356 State Registration Number: PE #54071 / GE #2704 Additional Comments: IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) IX] Carlsbad Municipal Water District D Olivenhain D Vallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ GRADING QUANTITIES cut 125 cy fill 250 cy remedial 640 cy import 125 cy export 0 cy E-23 Page 1 of 2 REV 07/14 -----------~~-------------::lilio:--------------. City of Carlsbad ,,. ✓ APPLICATION ENGINEERING PLAN CHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Complete all appropriate information Write NIA when not aoolicable APPLICATION FOR FOR CITY USE ONLY (check all that apply) Project Drawing Deposit /Fees Comments I.D. Number Paid D Adjustment Plat (ADJ) D Certificate of Compliance (CE) D Dedication of Easement (PR) Type: ~Type: ( ' D Jncroachment Permit (PR) \ (.J t--0 , 1 LJV\I ~31 inal ~p (FM) 14 [ll,,8rading Plancheck (DWG) ~ D Improvement Plancheck (DWG) D Parcel Map (PM) D Quitclaim of Easement (PR) Type: D Reversion to Acreage (RA) D Street Vacation (STV) D Tentative Parcel Map (MS) D Certificate of Correction (CCOR) D Covenant of Easement (PR) LJ Substantial Conformance Exhibit (SCE) D Trails D < mile D > mile D Other APPLICATION ACCEPTED BY: E-23 c::r21>1 ,-eo, ·n·~!~J: " " Wf>2Dtg- / ) f I ~ . ' " ''_/•,·,, Page 2 of 2 ~~l&-1 -.. --'"..n.T( DATE STAMP Im~•*---ED° . JUL 31 2018 ND DEVELOPMENT ENGINEERING REV 07/14 .------------~ •• ---------------·-------------- (City of ·-----...... ls bad APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Complete all aooropriate information Write N/A when not applicable Project Name: 438 Tamarack Avenue Date: 7/31/2018 Project Description: The project proposes demolition of all existing structures onsite and construction of 5 new single-family units, alon~ with site gradin~ and utili~ imerovements tyeical of this tyee of develoement. Project Address: 438 Tamarack Avenue, Carlsbad CA 92008 Lot No(s).: Portion Lot 5 Map No.: 9825 APN(s): 204-280-23 Number of Lots: 1 exist/ 1 eroeosed Number of Acres: 0.40 Miles of Trails: N/ A Owner: 438 Tamarack, Inc Applicant: Ben Ryan Tourmaline Proeerties Mailing Address: 944 Archer St Mailing Address: 2079 Garnet Avenue San Diego, CA 92 l 09 San Diego, CA 92109 Phone Number: (858) 799-1020 Phone Number: (858) 799-1020 Fax Number: Fax Number: E-mail: ben@tourmalineproperties.com E-mail: ben@tourmalineproperties.com I certify that I am the legal owner and that all the above information is true and correct to the best of my knowledge. Signature: Date: Signature: Date: Civil Engineer: Tyler Lawson Soils Engineer: Mamadou S. Diallo Firm: Pasco, Laret, Suiter & Associates Firm: East County Soil Consultation and Eng. Mailing Address: 535 N. Highway 101, Suite A Mailing Address: l 0925 Hartley Road, Suite I Solana Beach, CA 92075 Santee, CA 9207 l Phone Number: (858}259-8212 Ext. 113 Phone Number: (619) 258-7901 Fax Number: (8582 259-4812 Fax Number: (619) 258-7902 E-mail: tlawson@elsaengineering.com E-mail: State Registration Number: PE #80356 State Registration Number: PE #54071 / GE #2704 Additional Comments: IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) !ZI Carlsbad Municipal Water District D Olivenhain D Vallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ GRADING QUANTITIES cut 125 cy fill 250 cy remedial 640 cy import 125 cy export 0 cy E-23 Page 1 of 2 REV 07/14 APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Complete all appropriate information Write N/A when not aoolicable. APPLICATION FOR (check all that apply) D Adjustment Plat (ADJ) D Certificate of Compliance (CE) D Dedication of Easement (PR) Type: Type: L llS. Encroachment Permit (PR) 0 Final Map (FM) 0 Grading Plancheck (DWG) D Improvement Plancheck (DWG) D Parcel Map (PM) D Quitclaim of Easement (PR) Type: D Reversion to Acreage (RA) D Street Vacation (STV) D Tentative Parcel Map (MS) D Certificate of Correction (CCOR) D Covenant of Easement (PR) LJ Substantial Conformance Exhibit (SCE) D Trails D < mile D > mile 0 Other II APPLICATION ACCEPTED BY: E-23 ". Project Drawing I.D. Number ¥/t(;. ~f Page 2 of 2 FOR CITY USE.ONLY Deposit /Fees Paid. v t-lJ I~-()(' ' II Comments r,J DATE STAMP APPLICATION RECEIVED DEC 11 2018 ~ND L\>;~UJ?~111ENT L: : . , ·::: ; .\ i C t:: ii::.) l ~-! .,.... REV 07/14 Parcel Map Guarantee CLTA Guarantee Form No. 23 Issued by Old Republic National Title Insurance Company Policy Number PMGA 08000456 Ord no. 2000093 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Florida 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. Issued through the office of: ORT Form 5327 CLTA Guarantee Form No. 23 D6/05/14 Parcel Map Guarantee OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 .\i·cond Avu1uu South. Mi111mapoli3, Minn; Jot a 55401 /512/37/.1111 President Secretary 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. ORT Form 5327 CLTA Guarantee Form No 23 06/0S/i4 Parcel Map Guarantee -Exclusions from Coverage GUARANTEE CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this 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 state 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 as stated in Schedule A. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED An Assured shall notify the Company promptly in writing in case knowledge shall 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 shall 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 shall 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 shall 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 shall 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 allege 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 shall 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 such 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 establish 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. ORT Form 5327 CLTA Guaramee Form No. 2308/05/14 Parcel Map Guarantee -Guarantee Conditions - GUARANTEE CONDITIONS (Continuation) S. 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. All 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 shall 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 obligation to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation 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 reliance 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 shall 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 LIABIL TITY 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. ORT Fonn 5327 CL TA Guarantee Form No. 2306/05/14 Parcel Map Guarantee -Guarantee Conditions (Continuation) GUARANTEE CONDITIONS (Continuation) 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 shall 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 shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 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 arbltrable matters when the amount of liability is $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 $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 all 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 validlty 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 the office which issued this Guarantee or at 400 Second Avenue South, Minneapolis, Minnesota 55401-2499, (612) 371-1111. ORT Form 5327 CLTA Guarantee Form No. 2306/05/14 Parcel Map Guarantee -Guarantee Conditions (Continuation) CLTA Guarantee Form 23 Parcel Map Guarantee (l/13/78) PARCEL MAP GUARANTEE Order Na.: 2000093-SH Guarantee No.: PMGA 08000456 Name and Address of Title Insurance Company: Corinthian Title Company, Inc., 5030 Camino De La Siesta, Suite 100, San Diego, CA 92108 Guarantee No.: PMGA 08000456 Parcel Map Reference.: CITY OF CARLSBAD TRACT NO. 17-07 Dated: 01/08/2019 at 8:00am Fee: $1,000.00 The estate or interest in the Land hereinafter described or referred to covered by this Guarantee is: A FEE Title to said estate or interest at the date hereof is vested in: 438 TAMARACK, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY The Land included within the boundaries of the Parcel Map hereinbefore referred to in this Guarantee is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Guarantee Form 23 Par,el Map Guarantee (1/13/78) EXHIBIT "A" LEGAL DESCRIPTION Order No.: 2000093-SH Guarantee No.: FMGA 08000456 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF TRACT 231 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF TAMARACK, AVENUE, DISTANT THEREON SOUTH 61° 21' WEST 1028.21 FEET FROM THE SOUTHEASTERLY CORNER OF SAID TRACT 231; THENCE NOR TH 28° 39' WEST, 130.46 FEET TO THE SOUTHEASTERLY LINE OF THE LAND CONVEYED TO GEORGIA M. DMUS BY DEED RECORDED OCTOBER 3,1956, IN BOOK 6305, PAGE 54 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHEASTERLY LINE, NORTH 61° 31' EAST, 136.75 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED UNDER PARCEL 1 IN DEED TO D, R. DINIUS, RECORDED AUGUST 4, 1960, AS DOCUMENT NO. 157566 OF OFFICIAL RECORDS; THENCE SOUTH 27° 22' 30" EAST, 130.09 FEET TO THE SOUTHERLY CORNER OF SAID PARCEL 1; THENCE SOUTH 61 ° 21' WEST, ALONG SAID NORTHERLY LINE OF SAID AVENUE, 133.86 FEET TO THE POINT OF BEGINNING. Assessor's Parcel Number: 204-280-23-00 CL TA Guarantee Forrn 23 Parcel Map Guarantee (l/13/78) EXCEPTIONS Order No.: 2000093-SH Guarantee No.: PMGA 08000456 1. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: Dated: Truster: Trustee: Beneficiary: Recorded: Loan No.: $4,083,062.00 12/31/2018 438 TAMARACK, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY JOSHUA MOGIN, ESQ. LENDINGONE, LLC, A DELAWARE LIMITED LIABILITY COMPANY January 02, 2019 AS INSTRUMENT NO. 2019-0000573 OF OFFICIAL RECORDS NOT SHOWN ---------·--·-·· •• 19 r-------------------------------- nffS Mo\PWAS PRE?ARED FOR ASSESS~~T Pl!RPOSES ONi. Y. NO UABIUTY IS ~~1F~v~f.fi.~l~~ B~~~f. @J;) 6"" DIEGO COUNTY AS5£SSCR'S MA• BOOK 204 PACE 18 SHT 1 Of 3 2•CQNCM, ~ CARLS.~ TCT76-II~ DOC. 77 -· _'\69634 (SH SHT 2) SHT' I L 1'10 SCALE 204-28 SHT 1 OF 3 3• CONOM ( SEE. SHT 3 l ROV,A.L CA~LSBAD I DOCB►.;)...,8311 4• NO ACCESS 5• fili,l/587", C!TV or CARLSBAD TCT#H-05 MAGNOUA WAU< MAP 9825-CARLSBAD TCT 76-11 UNIT NO Z(CONDM) MAP 8615-CARLSBAD -TCT 76-1 I UNIT NO. I MAP I 681-THUM LANDS-TCT 231 ROS 842, 15995 m >< n m ~ M 0 z {I) ,