HomeMy WebLinkAboutCT 15-08; CARLSBAD RANCH PLANNING AREA 3; Engineering Application( City of
Carlsbad
Project Name: ~ -• -
..
APPLICATION
ENGINEERING
PLANCHECK
E-23
I ,.,,/
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Project Description: ....LJL-l"':..a.....:..-1-1-1"'-'--'..___,"-'-___........_=->......,...__.._...z_;,,;::;.L...,___,.__..lll<..IL.!.l,C.=.l..:....,..,::...:.....;:....a....--=-----------
Owner:
Mailing Address:
Phone Number: ClbO) r.i-,? \ -c;L 00 Phone Number:
Fax Number:
E-mail:
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:
Phone Number:
Fax Number:
E-mail: f~ -..lll,~L..::;..;;;~~~~~l:----!-=-
State Registration Number:
Fax Number:
E-mail:
Signature:
Soils Engineer:
Firm:
Mailing Address:
Phone Number:
Fax Number:
E-mail:
State Registration Number:
Date:
Additional Comments: ________________________________ _
cut
IMPROVEMENT VALUATION
1. What water district is the proposed project located in? (check one)
"1Z1 Carlsbad Municipal Water District D Olivenhain D Vallecitos
2. If in the Carlsb~ f\funicipal 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
cy fill cy remedial cy import cy export 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 appropriate information Write N/Awhen not applicable . .
FOR CITY USE ONLY APPLICATION FOR Project Drawing Deposit /Fees Comments ( check all that apply) 1.0. Number Paid
D Adjustment Plat (ADJ)
D Certificate of Compliance (CE)
D Dedication of Easement (PR)
Type:
Type:
D Encroachment Permit (PR)
□ Final Map (FM)
□ Grading Plancheck (DWG)
D Improvement Plancheck (DWG)
D Parcel Map (PM)
D Quitclaim of Easement (PR)
Type:
, ~ Reversion to Acreage (RA) .,-
~treat Vacation (STV) it;[ 1s-oi: lV lYU( ]/JtJO,/X)
tJ Tentative Parcel Map (MS)
D Certificate of Correction (CCOR)
D Covenant of Easement (PR)
U Substantial Conformance
Exhibit (SCE)
D Trails D<mile D>mile
D Other -·
11 .,.
I ' ,,..-.....,~-----
APPLICATION ACCEPTED BY: fa • -~ ·i d~tfci~ ~le,J~b
I NOV 10 2015 \./
•• ,• •• t !D DE~,etor~~
t:NGU~EERiNl .
E-23 Page 2 of 2 REV 07/14
APPLICATION
ENGINEERING
PLAN CHECK
E-23
il_~_'ll!;}g p m_~f1 t St[Yi c? J
Land Development Engineering
1635 Faraday Avenue
760-602-27S0
www.carlsbadca.gov
riate lnfonnatlon. Write NIA when not a llcable.
Project Name: Marbrisa Phase Ill Date: September 19, 2016
Project Description: Lot Line Adjustment for Hotel
Project Address: Grand Pacific Drive
Lot No{s).: Parcels A and 1 Map No.:ADJ 12-02/ ADJ 15-02 APN(s): 211-130~10 & 211-131-16
Number of Lots: Two ~} Number of Acres: Two (2) Miles of Trails:
Owner.
Mailing Address:
Phone Number:
Fax Number:
E-mail:
Grand Pacific land Holdings, L.P.
5900 Pasteur Court, Suite 200
cartsbad, CA 92008
760-431-8500
760-828-4282
tstripe@grandpacificresorts.com
I certify that I am the legal ~rand that all the above
information is and rr:eqt to the best of my knowledge.
Signatur Date: 9 .. ;n ~ H,
Civil Engineer: ........ o .... be __ J __ o ......... De ........ n.._tln __ o _______ _
Firm: Excel Engineering -----'=---"'-------
Mai If n g Address: _440-=---Sta-=t=e..;.P..;.;la=ce-'--------
Escondldo, CA 92029
Phone Number: .... 7 ..... 60-......... 74 ..... 5-.... 8 __ 1..,.;1 ..... 8 ______ _
Fax Number: 760-745-8134 ------------
Applicant.
Mailing Address:
Phone Number:
Fax Number:
E-mail:
Soils Engineer:
Finn:
Mailing Address:
Phone Number:
Fax Number.
Matt Muckerman / Excel Engineering
440 State Place
Escondido, CA 92029
760-745~118
760-745-8134
mmuckerman@excelengineerlng.net
E -ma ii: rdentino@excelenQineerlng.net E-mail: SV~ ~IA..l.-. ~
State Registration Number: RC£ 45'-'29 State Registration Number: C-Sk:7 ZZ-6
Additional Comments:. ______________________________ _
IMPROVEMENT VALUATION
1. What water district ls the proposed project located in? (check one)
l&1 Carlsbad Municipal Water District O Olivenhain O 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)? $ NIA
GRADING QUANTITIES
cut N/A cy fill N/A cy remedial NIA cy import N/A cy export NIA cy
E-23 Page 1 of2 RE\/07114
{ City of
c:arlsbad
APPLICATION
ENGINEERING
PLANCHECK
E-23
DevelopmentServices
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Comolete all annrooriate information Write NIA when not annlicable
APPLICATION FOR
(check all that apply)
l&I Adjustment Plat (ADJ}
l&I Certificate of Compliance (CE)
0 Dedication of Easement (PR)
Type:
Type:
0 Encroachment Permit {PR)
0 Final Map (FM)
0 Grading Plancheck (DWG)
D Improvement Plancheck (DWG)
0 Parcel Map (PM)
D Quitclaim of Easement (PR)
Type:
0 Reversion to Acreage (RA)
0 Street Vacation (STV)
0 Tentative Parcel Map (MS}
D Certificate of Correction (CCOR)
0 Covenant of Easement (PR)
LJ Substantial Conformance
Exhibit (SCE)
□Trails O<mile O>mile
0 Other I APPLICA.,I12 .O.IN ACCEPTED BY: ' LJ,f,, AG-
E-23
Project Dra'Ning
I.D. Number
£'.:Tl~~~g c.~c.'Zo\h·o
Page2 of2
FOR CITY U$E.ONL Y
Deposit /Fees
• Paid
c.ll'll
Comments
DATE STAMP
APPLICATION RECEIVED
NOV O 7 2016
REV07/14
,,.. ,,. >'"
' !
~ --
( City of APPLICATION Develooment Servi ces ENGINEERING Land Development Engine ering
Carlsbad PLANCHECK 1635 Faraday A, enue
E-23 760-602 2750
www.carlsbadc a.gov
Complete all aooroprlate information. Write N/A when not applicable.
Project Name: MARBRISA PHASE 2 POOL SLIDE Date: 6-19-19
Project Description: INSTALLATION OF THE MARBRISA PHASE 2 POOL SLIDE, WHICH INCLUDES MINOR SI TE
GRADING AND PCC FLATWORK AND STAIRS
Project Address: COLUMBUS CIRCLE, CARLSBAD, CA 92008
Lot No(s}.: PCLS B & C, ADJ 11-04 Map No.: MAP 15332 APN(s): 211-131-12, 13
Number of Lots: 2 Number of Acres: 0.14 Miles of Trails: N/A
Owner: GRAND PACIFIC CARLSBAD, LP Applicant: GRAND PACIFIC RESORTS
Mailing Address: 5900 PASTEUR CT, SUITE 200 Mailing Address: 5900 PASTEUR CT, SUITE : 100
CARLSBAD, CA 92008 CARLSBAD, CA 92008
Phone Number: {760) 431-8500;r} __ Phone Number: (760) 431-8500
Fax Number: l\lMf~ :LI.:.,~ _,,.,. Fax Number:
E-mail: L .. ,..:_: gpr~~ ,rts.ccfm E-mail: harnold@gpresorts.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.
~nature: Date: Signature:
Civil Engineer: ROBERT D. DENTINO SoilsEngin~ STEPHEN COOVER
Firm: EXCEL ENGINEERING Firm: MTGL INC.
Mailing Address: 440 STATE PLACE Mailing Address: 5295 FERRIS SQUARE, SUITI C
ESCONDIDO, CA 92029 SAN DIEGO, CA 92121
Phone Nu~ (760} 745-8118 Phone Number: (858) 537-3999
Fax Number: Fsop45-s134 Fax Number: (858) 537-3990
E-mail: rdentlno@excelengineering.net E-mail: scoover@mtalinc.com
State Registration Number: RCE45629 State Registration Number: GE2057
Additional Comments:
IMPROVEMENT VALUATION
1. What water district is the proposed project located in? (check one}
00 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 fe1 ~. for
water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public
(median) landscape and irrigation, and drainage improvements (if applicable)? $ N/A
GRADING QUANTITIES
cut cy fill 546 cy remedial cy import 546 cy export N/A cy
E-23 Page 1 of2 REV 07/14
\f-
)W .,. .
~. . ...i
APPLICATION i
( City of Development Services ENGINEERING Land Development Engine !;!ring
Carlsbad PLANCHECK 1635 Faraday A• enue
760-602 2750 E-23 www.carlsbadc la.gov
Complete all appropriate Information. Write NIA when not applicable.
FOR CITY USE ONLY APPLICATION FOR Project Drawing Deposit /Fees Comments ( check all that apply) 1.0. Number Paid
0 Adjustment Plat (ADJ)
D Certificate of Compliance (CE)
0 Dedication of Easement (PR)
Type:
Type:
D Encroachment Permit (PR)
/~ 0 Final Map (FM) I
[XI Grading Plancheck (DWG) '2G:~~ o/4-95 l~'{1lLP/.-
0 Improvement Plancheck (DWG)
O Parcel Map (PM)
oi\ f: V
0 Quitclaim of Easement (PR) ~ Q)A ~ ~ Type:
0 Reversion to Acreage (RA) ~~ D Street Vacation (STV)
0 Tentative Parcel Map (MS)
D Certificate of Correction (CCOR)
-0 Covenant of Easement (PR)
LJ Substantial Conformance
Exhibit (SCE)
0 Trails O<mile O>mile
D Other / n
/ I
APPLICATION ACCEPTED B( L DATE STAMP ~EJ APPL1ff~l!I~ )
'--1' j JUL O 2 20 13 ~ -
LAND OE\iELC PME
ENGINEEF ING
\JT
E 23 -Pa e2of2 g REV 07/14
Michael Baker
INTERNATIONAL
PROJECT MAP REVIEW COMPLETION
5050 Avenida Encinas
Suite 260
Carlsbad, CA 92608
The following project map has been reviewed and is recommended for approval:
Project Name:
Project No.:
Map. No.:
Sheets No.:
Carlsbad Ranch PA 5 Phase 111
CT 15-08
FM 15-08
1-5 OF 5
DECLARATION OF RESPONSIBLE CHARGE
I hereby declare that I have exercised responsible charge over the map review of this project as
defined in Section 6703 of the Business and Professions Code to determine that the map is
found to be in substantial conformance with applicable codes and standards.
Review of this project map does not relieve the Engineer of Work of the responsibilities for
project design under state and local ordinances.
RCE 58089 Exp. 6/30/18
08-07-2017
Date
Michael Baker
INTERNATIONAL
..
l ......,,,
PROJECT PLAN REVIEW COMPLETION
5050 Avenida Encinas
Suite 260
Carlsbad, CA 92008
The following project plans have been reviewed and are recommended for approval:
Project Name:
Project No.:
Dwg. No.:
Sheets No.:
Carlsbad Ranch PA 5 Phase Ill
CT 03-02
428-9H
1-27 OF 27
DECLARATION OF RESPONSIBLE CHARGE
I hereby declare that I have exercised responsible charge over the plan review of this project as
defined in Section 6703 of the Business and Professions Code to determine that the plans are
found to be in substantial conformance with applicable codes and standards.
Plan review of these project drawings does not relieve the Engineer of Work of the
responsibilities for project design under state and local ordinances.
Signed _----"'-/2 __ • ~--~-+~ ...... -"'---"'--~-·_· __ ,,...,_;_ ___ _
RCE 58089 Exp. 6/30/16
02-10-2016
Date
Michael Baker
INTERNATIONAL
'\
.. J 5050 Avenida Encinas
Suite 260
Carlsbad, CA 92008
PROJECT PLAN REVIEW COMPLETION
The following project plans have been reviewed and are recommended for approval:
Project Name:
Project No.:
GR. No.:
DWG. No.:
Sheets No.:
Carlsbad Ranch PA 5-Marbrisa Phase 2 (Pool Slide)
CT 15-08
2019-0027
428-9J
1-5 OF 5
DECLARATION OF RESPONSIBLE CHARGE
I hereby declare that I have exercised responsible charge over the plan review of this project as
defined in Section 6703 of the Business and Professions Code to determine that the plans are
found to be in substantial conformance with applicable codes and standards.
Plan review of these project drawings does not relieve the Engineer of Work of the
responsibilities for project design under state and local ordinances.
Signed ____ ~-~-11~--
RCE 77445 Exp. 6/30/2021
12-05-2019
Date
r
~.
Michael Baker Innovation Done Right...We Make a Difference
INTERNATIONAL
PROJECT PLAN REVIEW COMPLETION
The following project plans have been reviewed and are conditionally recommended for
approval:
Project Name:
Project No.:
Dwg. No.:
Sheets No.:
Carlsbad Ranch PA 5
CT 15-08
428-9H
1-3, 5, 7, 11, 28-38
DECLARATION OF RESPONSIBLE CHARGE
I hereby declare that I have exercised responsible charge over the plan review of this project as
defined in Section 6703 of the Business and Professions Code to determine that the plans are
found to be in substantial conformance with applicable codes and standards.
Plan review of these project drawings does not relieve the Engineer of Work of the
responsibilities for project design under state and local ordinances.
RCE 58089 Exp. 6/30/18
August 22nd, 2016
Date
.. Chicago Title Company
Builders Services Division
2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400
SUBDIVISION GUARANTEE
Dated: July 25, 2017 at 7:30 am
Order No.: 00068730-993-SD2-CFU
Subdivision Map of: Map No: to come
Consisting of 5 Sheet( s)
Issued for the benefit and protection of the County of San Diego and any City within which said
subdivision is located.
After an examination of the Public Records which, under the recording laws, impart constructive notice of
matters affecting the title to the land hereinafter described,
CHICAGO TITLE INSURANCE COMPANY
a Missouri corporation
hereby guarantees, for the benefit of said county and city, in a sum not to exceed $1,000.00, that as shown
by said records the only parties having any record title interest in said land, and whose signatures are or
may be required, under the requirements of the Subdivision Map Act of said land and offering for
dedication any streets roads, avenues and other easements offered for dedication by said Subdivision Map
are as set forth in Schedule A.
Issuing Office:
2365 Northside Drive, Suite 500
San Diego, CA 92108
Countersigned by:
~~
Title Officer
Subdivision Guarantee Form
;-. :< , . .---~ I
L -' :) ~ .
CHICAGO TITLE INSURANCE COMP ANY
President
~c7f!i-
Secretary
-r-.. l ';. l ,·--..
;; ,,.,! ''-~ l__J
Page I
' ~der No.: 00068730-993-SD2-CFU
SCHEDULE A
The map hereinbefore referred to is a subdivision of:
SEE ATTACHED EXHIBIT A
The parties hereinbefore referred to are:
OWNERS:
GRAND PACIFIC CARLSBAD, L.P., a California limited partnership
TRUST DEED HOLDERS:
NATIONAL BANK OF ARIZONA, a national banking association as beneficiary under Deed of
Trust recorded April 23, 2013 as File No. 2013-0251471, Official Records
NATIONAL BANK OF ARIZONA, a national banking association as beneficiary under Deed of
trust recorded April 23, 2013 as File No. 2013-0251472, Official Records
EASEMENT HOLDERS:
(1.) The signature of the City of Carlsbad, holder of an easement as per Map Nos.13408 and
15332 Official records of San Diego County has been omitted under the provisions of Section
66436, Subsection (a)(3)(a)(i) of Government Code, their interest is such that it cannot ripen into a
fee title and said signature is not required by the governing body.
(2.) The signature of the City of Carlsbad, holder of an easement as disclosed by deeds recorded
July 27, 1998 as Instrument No. 1998-0465418 and March 22, 2012 as Instrument No.2012-
0167449, Official records of San Diego County has been omitted under the provisions of Section
66436, Subsection (a)(3)(a)(i) of Government Code, their interest is such that it cannot ripen into a
fee title and said signature is not required by the governing body.
(3.) The signature of the County of San Diego, holder of an easement as disclosed by deeds
recorded May 2, 1997 as Instrument No.1997-0205510, Official records of San Diego County has
been omitted under the provisions of Section 66436, Subsection (a)(3)(a)(i) of Government Code,
their interest is such that it cannot ripen into a fee title and said signature is not required by the
governing body.
(4.) The signature of the Carlsbad Municipal Water District, holder of an easement as disclosed by
deeds recorded April 7, 1999 as Instrument No. 1999-0232919 and March 11, 2008 2008-0129231
,Official records of San Diego County has been omitted under the provisions of Section 66436,
Subsection (a)(3)(a)(i) of Government Code, their interest is such that it cannot ripen into a fee title
and said signature is not required by the governing body.
Subdivision Guarantee Form
Page2
• SCHEDULE A
( continued)
""
~der No.: 00068730-993-SD2-CFU
(5.) The signature of the San Diego Gas and Electric Company, holder of an easement as disclosed
by deeds recorded December 6, 2006 as Instrument No. 2016-0864862 and October 14, 2014 as
Instrument No.2014-0444945, Official records of San Diego County has been omitted under the
provisions of Section 66436, Subsection (a)(3)(a)(i) of Government Code, their interest is such that
it cannot ripen into a fee title and said signature is not required by the governing body.
END OF SCHEDULE A
Subdivision Guarantee Form
Page3
."
1'.irder No.: 00068730-993-SD2-CFU
EXHIBIT A
PARCEL 6: APN 211-131-17
PARCEL 2 OF CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 19, 2015 AS INSTRUMENT NO.
2015-0601383 OF OFFICIAL RECORDS BEING A PORTION OF PARCEL C AS SHOWN ON CERTIFICATE
OF COMPLIANCE FOR ADJUSTMENT PLAT RECORDED AS DOCUMENT 2012-0187408 ON APRIL 2,
2012, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL C, BEING A COMMON CORNER TO
LOT 4 AND THE EASTERLY LINE OF LOT 12 AS SHOWN ON MAP NO. 15332 RECORDED AS
INSTRUMENT NO. 2006-0311804; THENCE ALONG THE BOUNDARY OF PARCEL C THE FOLLOWING
COURSES NORTH 66°37'55" EAST A DISTANCE OF 203.90 FEET; THENCE NORTH 21°37'55" EAST A
DISTANCE OF 8.34 FEET; THENCE NORTH 23°22'05" WEST A DISTANCE OF 69.83 FEET; THENCE
SOUTH 43°14'03" WEST A DISTANCE OF 19.21 FEET; THENCE NORTH 46°45'57" WEST A DISTANCE
OF 13.00 FEET TO THE BEGINNING OF A 37.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
26°25'10", AN ARC LENGTH OF 17.06 FEET; THENCE NORTH 73°11'07" WEST A DISTANCE OF 93.79
FEET; THENCE NORTH 16°48'53" EAST A DISTANCE OF 55.46 FEET; THENCE NORTH 23°22'05" WEST
A DISTANCE OF 11.51 FEET; THENCE NORTH 66°37'55" EAST A DISTANCE OF 170.75 FEET; THENCE
SOUTH 23°22'05" EAST A DISTANCE OF 74.00 FEET; THENCE NORTH 66°37'55" EAST A DISTANCE OF
100.00 FEET; THENCE SOUTH 23°22'05" EAST A DISTANCE OF 138.00 FEET; THENCE NORTH 66°37'55"
EAST A DISTANCE OF 35.12 FEET; THENCE SOUTH 36°02'20" EAST A DISTANCE 34.96 FEET; THENCE
LEAVING THE BOUNDARY OF SAID PARCEL C, SOUTH 66°37'55" WEST A DISTANCE OF 446.92 FEET
TO A POINT ON THE EASTERLY LINE OF SAID LOT 12; THENCE ALONG SAID LOT 12 NORTH
34°44'54" WEST A DISTANCE OF 38.88 FEET TO THE POINT OF BEGINNING.
PARCEL 7: APN 211-131-11
PARCEL A OF THAT CERTAIN CERTIFICATE OF COMPLIANCE (ADJ 11-04 -CE 12-09) RECORDED
APRIL 25, 2012, AS FILE NUMBER 2012-0241014 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING PORTIONS OF LOTS 6, 7, 8 AND 14 AS SHOWN ON MAP NO. 15332, FILED IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, RECORDED MAY 3, 2006 AS FILE NO. 2006-0311804 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 14, AS SHOWN ON SAID MAP NO. 15332;
THENCE SOUTH 58°37'29" WEST A DISTANCE OF 85.43 FEET; THENCE NORTH 31°22'31" WEST A
DISTANCE OF 33.38 FEET TO THE BEGINNING OF A 143.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 05°03'4511, AN ARC LENGTH OF 12.64 FEET TO A NON-TANGENT LINE; THENCE
SOUTH 58°37'2911 WEST A DISTANCE OF 364.36 FEET TO THE BEGINNING OF A 200.00 FOOT RADIUS
CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 35°37'4911 , AN ARC LENGTH OF 124.37 FEET; THENCE NORTH 85°44'4211 WEST
A DISTANCE OF 187.59 FEET TO A POINT ON A NON-TANGENT, 60.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 54°29'0611 EAST; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°34'4011 ,
AN ARC LENGTH OF 29.93 FEET; THENCE NORTH 64°05'3411 WEST A DISTANCE OF 100.07 FEET TO
THE BEGINNING OF A 316.60 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67°46'0311 ,
AN ARC LENGTH OF 374.46 FEET; THENCE NORTH 03°40'2911 EAST A DISTANCE OF 399.47 FEET TO
THE BEGINNING OF A 197.16 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43°35'0411, AN ARC LENGTH OF
149.98 FEET; THENCE NORTH 47°15'3311 EAST A DISTANCE OF 72.24 FEET TO THE BEGINNING OF A
Subdivision Guarantee Form
Page4
~der No.: 00068730-993-SD2-CFU
EXHIBIT A
( continued)
60.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°00'29", AN ARC LENGTH OF 26.19 FEET;
THENCE NON-TANGENT TO SAID CURVE SOUTH 67°09'52" EAST A DISTANCE OF 86.99 FEET;
THENCE SOUTH 43°13'22" EAST A DISTANCE OF 27.56FEET; THENCE NORTH 66°37'55" EAST A
DISTANCE OF 23.61 FEET; THENCE SOUTH23°22'05" EAST A DISTANCE OF 17.04 FEET TO A POINT ON
A NON-TANGENT, 289.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID
POINT BEARS NORTH 40°53'56" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 41°49'39", AN ARC LENGTH OF210.98 FEET; THENCE SOUTH
07°16'25" WEST A DISTANCE OF 295.67 FEET TO THE BEGINNING OF A 249.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 65°31'34", AN ARC LENGTH OF 284.77 FEET; THENCE SOUTH
58°15'09" EAST A DISTANCE OF 119.32 FEET TO THE BEGINNING OF A 175.00 FOOT RADIUS CURVE,
CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 96°16W\ AN ARC LENGTH OF 294.03 FEET; THENCE NORTH 25°28'51" EAST A
DISTANCE OF 62.31 FEET; THENCE NORTH 64°31'09" WEST A DISTANCE OF 18.50 FEET; THENCE
NORTH 25°28'51" EAST A DISTANCE OF 60.03 FEET; THENCE NORTH 64°31 '09" WEST A DISTANCE OF
6.50 FEET; THENCE NORTH 25°28'51" EAST A DISTANCE OF 38.77 FEET TO THE BEGINNING OF A
165.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 50°22'47", AN ARC LENGTH OF 145.08 FEET; THENCE
NORTH 24°53'56" WEST A DISTANCE OF 14.96 FEET TO THE BEGINNING OF A 375.00 FOOT RADIUS
CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 28°33'05", AN ARC LENGTH OF 186.87 FEET; THENCE
NORTH 53°27'01" WEST A DISTANCE OF 40.44 FEET TO THE BEGINNING OF A 310.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 14°19'41", AN ARC LENGTH OF 77.52 FEET; THENCE NON-
TANGENT TO SAID CURVE NORTH 51°14'51" EAST A DISTANCE OF 18.00 FEET TO A POINT ON A
NON-TANGENT, 292.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID
POINT BEARS SOUTH 50°51'18" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 15°09'59" AN ARC LENGTH OF 77.29 FEET; THENCE NORTH
23°58'43" WEST A DISTANCE OF 25.93 FEET TO THE BEGINNING OF A 533.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 06°43'16", AN ARC LENGTH OF 62.52 FEET; THENCE NON-
TANGENT TO SAID CURVE NORTH 66°37'55" EAST A DISTANCE OF 15.76 FEET; THENCE SOUTH
63°21'21" EAST A DISTANCE OF 19.87 FEET; THENCE SOUTH 23°22'05" EAST A DISTANCE OF 32.15
FEET TO THE BEGINNING OF A 447.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°23'30", AN
ARC LENGTH OF 260.51 FEET TO THE BEGINNING OF A 433.00 FOOT RADIUS REVERSE CURVE,
CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 33°14'25" EAST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31 °30'30", AN
ARC LENGTH OF 238.12 FEET TO THE BEGINNING OF A 442.00 FOOT RADIUS REVERSE CURVE,
CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 64°44'55" WEST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°07'38", AN
ARC LENGTH OF 247.84 FEET TO THE BEGINNING OF A 323.00 FOOT RADIUS REVERSE CURVE,
CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 32°37'17" EAST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°47'14",
AN ARC LENGTH OF 128.46 FEET TO THE POINT OF BEGINNING.
PARCEL 8: APN 211-131-14
PARCEL D OF THAT CERTAIN CERTIFICATE OF COMPLIANCE (ADJ 11-04 -CE 12-10) RECORDED
APRIL 25, 2012, AS FILE NUMBER 2012-0241017 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING PORTIONS OF LOTS 6, 7, 8 AND 14 AS SHOWN ON MAP NO. 15332, FILED IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, RECORDED MAY 3, 2006 AS FILE NO. 2006-0311804 IN THE
Subdivision Guarantee Form
Page 5
~er No.: 00068730-993-SD2-CFU
EXHIBIT A
( continued)
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER COMMON TO LOTS 5 AND 14, AS SHOWN ON SAID
MAP NO. 15332; THENCE SOUTH 66°37'5511 WEST A DISTANCE OF 102.23 FEET; THENCE SOUTH
23°22'0511 EAST A DISTANCE OF 17.04 FEET TO A POINT ON A NON-TANGENT, 289.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 40°53'5611 WEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
41°49'39", AN ARC LENGTH OF 210.98 FEET; THENCE SOUTH 07°16'2511 WEST A DISTANCE OF 295.67
FEET TO THE BEGINNING OF A 249 .00 FOOT RADIUS CURVE, CONCA VE NORTHEASTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 65°3153411,
AN ARC LENGTH OF 284.77 FEET; THENCE SOUTH 58°15'0911 EAST A DISTANCE OF 119.32 FEET TO
THE BEGINNING OF A 175.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 96°16'00" AN ARC LENGTH OF
294.03 FEET; THENCE NORTH 25°28'51 11 EAST A DISTANCE OF 62.31 FEET; THENCE NORTH 64°31'0911
WEST A DISTANCE OF 18.50 FEET; THENCE NORTH 25°28'51 11 EAST A DISTANCE OF 60.03 FEET;
THENCE NORTH 64°31'0911 WEST A DISTANCE OF 6.50 FEET; THENCE NORTH 25°28'51 11 EAST A
DISTANCE OF 38.77 FEET TO THE BEGINNING OF A 165.00 FOOT RADIUS CURVE, CONCAVE
WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 50°22'4711, AN ARC LENGTH OF 145.08 FEET; THENCE NORTH 24°53'5611 WEST A DISTANCE OF 14.96
FEET TO THE BEGINNING OF A 375.00 FOOT RADIUS CURVE, CONCA VE SOUTHWESTERLY; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°33'0511,
AN ARC LENGTH OF 186.87 FEET; THENCE NORTH 53°27'01" WEST A DISTANCE OF 40.44 FEET TO
THE BEGINNING OF A 310.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°19'41 11,
AN ARC LENGTH OF 77.52 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 51°14'51 11EAST A
DISTANCE OF 18.00 FEET TO A POINT ON ANON-TAN GENT, 292.00 FOOT RADIUS CURVE, CONCA VE
NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 50°51'1811 WEST; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°09'59",
AN ARC LENGTH OF 77.29 FEET; THENCE NORTH 23°58'43" WEST A DISTANCE OF 25.93 FEET TO THE
BEGINNING OF A 533.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°43'16",
AN ARC LENGTH OF 62.52 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A11; THENCE
NON-TANGENT TO SAID CURVE NORTH 66°37'55" EAST A DISTANCE OF 15.76 FEET; THENCE NORTH
23°22'0511 WEST A DISTANCE OF 76.67 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM:
COMMENCING AT POINT 11A11; THENCE SOUTH 63°45'0611 WEST A DISTANCE OF 53.68 FEET TO THE
TRUE POINT OF BEGINNING, SAID POINT BEING ON A NON-TANGENT, 479.50 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 58°48'0811 EAST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°13'0911 , AN
ARC LENGTH OF 60.42 FEET; THENCE SOUTH 23°58'4311 EAST A DISTANCE OF 25.93 FEET TO THE
BEGINNING OF A 345.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°44'4711, AN
ARC LENGTH OF 94.95 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 49°01'5211 WEST A
DISTANCE OF 18.00 FEET TO A POINT ON A NON-TANGENT 363.50 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 50°12'4811 WEST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°39'4911, AN
ARC LENGTH OF 86.69 FEET; THENCE SOUTH 53°27'0111 EAST A DISTANCE OF 40.44 FEET TO THE
BEGINNING OF A 321.50 FOOT RADIUS CURVE, CONCA VE SOUTHWESTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°33'0511 , AN
ARC LENGTH OF 160.21 FEET; THENCE SOUTH 24°53'5611 EAST A DISTANCE OF 14.96 FEET TO THE
BEGINNING OF A 111.50 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°39'3111 , AN ARC LENGTH OF
46.04 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 84°54' 1011 EAST A DISTANCE OF 18.04
Subdivision Guarantee Form
Page6
•.
~der No.: 00068730-993-SD2-CFU
EXHIBIT A
( continued)
FEET TO A POINT ON A NON-TANGENT 129.50 FOOT RADIUS CURVE, CONCAVE WESTERLY, A
RADIAL TO SAID POINT BEARS NORTH 88°13'23" EAST; THENCE SOUTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 17°43'1911, AN ARC LENGTH OF 40.06 FEET; THENCE
NON-TANGENT TO SAID CURVE NORTH 70°44'0611 WEST A DISTANCE OF 18.04 FEET TO A POINT ON
A NON-TANGENT 111.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID
POINT BEARS SOUTH 74°35'31 11 EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 10°04'2211 , AN ARC LENGTH OF 19.60 FEET; THENCE SOUTH
25°28'5111 WEST A DISTANCE OF 135.59 FEET; THENCE SOUTH 64°31'0911 EAST A DISTANCE OF 18.00
FEET; THENCE SOUTH 25°28'51 11 WEST A DISTANCE OF 25.51 FEET TO THE BEGINNING OF A 114.50
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°31'1311, AN ARC LENGTH OF47.00 FEET;
THENCE NON-TANGENT TO SAID CURVE NORTH 37°14'3511 WEST A DISTANCE OF 18.05 FEET TO A
POINT ON A NON-TANGENT 96.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO
SAID POINT BEARS SOUTH 41°42'0211 EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 58°35'1611, AN ARC LENGTH OF 98.68 FEET; THENCE NON-
TANGENT TO SAID CURVE SOUTH 12°25'4711 WEST A DISTANCE OF 18.05 FEET TO A POINT ON A
NON-TANGENT 114.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID
POINT BEARS SOUTH 16°11'0711 WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 15°33'4411, AN ARC LENGTH OF 31.10 FEET; THENCE
NORTH 58°15'0911 WEST A DISTANCE OF 28.66 FEET; THENCE NORTH 31°44'51 11 EAST A DISTANCE OF
18.00 FEET; THENCE NORTH 58°15'0911 WEST A DISTANCE OF 40.50 FEET; THENCE SOUTH 31 °44'5111
WEST A DISTANCE OF 18.00 FEET; THENCE NORTH 58°15'0911 WEST A DISTANCE OF 47.40 FEET;
THENCE NORTH 32°43'5711 EAST A DISTANCE OF 18.03 FEET TO A POINT ON A NON-TANGENT 170.50
FOOT RADIUS CURVE, CONCA VE NORTHEASTERLY A RADIAL TO SAID POINT BEARS SOUTH
30°42'5711 WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 25°33'1511, AN ARC LENGTH OF 76.04 FEET; THENCE NON-TANGENT TO SAID
CURVE SOUTH 47°09'2711 WEST A DISTANCE OF 10.89 FEET; THENCE SOUTH 53°49'4111 WEST A
DISTANCE OF 7.25 FEET TO A POINT ON A NON-TANGENT 188.50 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 55°39'0711 WEST; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°15'4811,
AN ARC LENGTH OF 53.51 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 74°11 '4411 EAST A
DISTANCE OF 19.52 FEET TO A POINT ON A NON-TANGENT 169.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY A RADIAL TO SAID POINT BEARS SOUTH 71°39'0711 WEST; THENCE NORTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°14'2811, AN ARC LENGTH OF 71.50
FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 86°39'0011 WEST A DISTANCE OF 19.52 FEET
TO A POINT ON ANON-TAN GENT 188.50 FOOT RADIUS CURVE, CONCA VE EASTERLY, A RADIAL TO
SAID POINT BEARS NORTH 84°22'1311 WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 01°38'3811, AN ARC LENGTH OF 5.41 FEET; THENCE NORTH
07°16'2511 EAST A DISTANCE OF 80.72 FEET; THENCE SOUTH 82°43'3511 EAST A DISTANCE OF 19.50
FEET; THENCE NORTH 07°16'2511 EAST A DISTANCE OF 49.00 FEET; THENCE NORTH 82°43'35 11 WEST A
DISTANCE OF 19.50 FEET; THENCE NORTH 07°16'2511 EAST A DISTANCE OF 60.36 FEET; THENCE
SOUTH 82°43'3511 EAST A DISTANCE OF 18.00 FEET; THENCE NORTH 07°16'2511 EAST A DISTANCE OF
105.60 FEET TO THE BEGINNING OF A 210.50 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°08'4511 , AN ARC
LENGTH OF 92.38 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 59°37'2011 WEST A
DISTANCE OF 18.01 FEET TO A POINT ON ANON-TANGENT 228.50 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 57°44'2911 WEST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°10'5811,
AN ARC LENGTH OF 72.51 FEET TO THE BEGINNING OF A 7.50 FOOT RADIUS COMPOUND CURVE,
CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 39°33'31 11 WEST; THENCE
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 98°21'3911, AN ARC
LENGTH OF 12.88 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 9: APN 211-131-03 & 04
Subdivision Guarantee Form
Page7
...
-c,(der No.: 00068730-993-SD2-CFU
EXHIBIT A
( continued)
LOTS 4 & 5 OF CITY OF CARLSBAD TRACT NO.03-02 CARLSBAD RANCH HOTEL AND TIMESHARE
CONDOMINIUM, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 15332, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MAY 3, 2006.
END OF EXHIBIT A
Subdivision Guarantee Form
Page8
.... 1
~der No.: 00068730-993-SD2-CFU
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in the Guarantee mean:
(a) "land": the land described, specifically or by reference, in this Guarantee and improvements
affixed thereto which by law constitute real property;
(b) "public records": those records which impart constructive notice of matters relating to said
land;
(c) "date": the effective date;
(d) the "Assured": the party or parties named as the Assured in this Guarantee, or in a
supplemental writing executed by the Company;
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
The Company assumes no liability for loss or damage by reason of the following:
(a) Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
(b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the
issuance thereof; water rights, claims or title to water.
( c) Title to any property beyond the lines of the land expressly described in the description set
forth in this Guarantee, or title to streets, roads, avenues, lanes, ways, or waterways on which
said land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure
od improvement; or any rights or easements therein unless such property, rights or easements
are expressly and specifically set forth in said description.
( d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters
(1) created, suffered, assumed or agreed to by on or more of the Assured; or (2) resulting in
no loss to the Assured.
Guarantee Conditions And Stipulations (Revised 12/5/95)
Page9
''"""
""1'der No.: 00068730-993-SD2-CFU
GUARANTEE CONDITIONS AND STIPULATIONS
( continued)
3. PROSECUTION OF ACTIONS
(a) The Company shall have the right at its own cost, to institute and prosecute any action or
proceeding or do any other act which in its opinion may be necessary or desirable to establish
or confirm the matters herein guaranteed; and the Company my take any appropriate action
under the terms of this Guarantee whether or not it shall be liable thereunder and shall not
thereby concede liability or waive any provision hereof.
(b) In all cases where the Company does so institute and prosecute any action or proceeding, the
Assured shall permit the Company to use, at its option, the name of the Assured for such
purpose. Whenever requested by the Company, the Assured shall give the Company all
reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse
the Assured for any expense so incurred.
4. NOTICE OF LOSS -LIMITATION OF ACTION
A statement in writing of any loss or damage for which it is claimed the Company is liable under
this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall
have been determined, and no right of action shall accrue to the Assured under this Guarantee until
thirty days after such statement shall have been furnished, and no recovery shall be had by the
Assured under this Guarantee unless action shall be commenced thereon within two years after
expiration of said thirty day period. Failure to furnish such statement of loss or damage or to
commence such action within the time hereinbefore specified, shall be a conclusive bar against
maintenance by the Assured of any action under this Guarantee.
5. OPTION TO PAY, SETTLE, OR COMPROMISE CLAIMS
The Company shall have the option to pay or settle or compromise for or in the name of the
Assured any claim which could result in loss to the Assured within the coverage of this Guarantee,
or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder
of a mortgage, the Company shall have the option to purchase the indebtedness secured by said
mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall
terminate all liability of the Company hereunder. In the event after notice of claim has been given
to the Company by the Assured the Company offers to purchase said indebtedness, the owner of
such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to
the Company upon.
Guarantee Conditions And Stipulations (Revised 12/5/95)
Page 10
..
' ~er No.: 00068730-993-SD2-CFU
GUARANTEE CONDITIONS AND STIPULATIONS
( continued)
6. LIMITATION OF LIABILITY -PAYMENT OF LOSS
(a) The liability of the Company under this Guarantee shall be limited to the amount of actual
loss sustained by the Assured because of reliance upon the assurances herein set forth, but in
no event shall such liability exceed the amount of the liability stated on the face page hereof.
(b) The Company will pay all costs imposed upon the Assured in litigation carried on by the
Company for the Assured, and all costs and attorney's fees in litigation carried on by the
Assured with the written authorization of the Company.
(c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company
after having received notice of an alleged defect, lien or encumbrance not shown as an
Exception or excluded herein removes such defect, lien or encumbrance within a reasonable
time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in
settling any claim or suit without written consent of the Company
( d) All payments under this Guarantee, except for attorneys fees as provided for in paragraph
6(b) hereof, shall reduce the amount of the liability herein pro tanto, and no payment shall be
made without producing this Guarantee for endorsement of such payment unless the
Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company.
( e) When liability has been definitely fixed in accordance with the conditions of this Guarantee,
the loss or damage shall be payable within thirty days thereafter.
7. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation
shall vest in the Company unaffected by any act of the Assured, and it 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 such claim had this Guarantee not been issued. If the payment does not cover the loss
of the Assured, the Company shall be subrogated to such rights and remedies in the proportion
which said payments bears to the amount of said loss. The Assured if requested by the Company,
shall transfer to the Company all rights and remedies against any person or property necessary in
order to perfect such right or subrogation, and shall permit the Company to use the name of the
Assured in any transaction or litigation involving such rights or remedies.
8. GUARANTEE ENTIRE CONTRACT.
Any action or actions or rights of action the Assured may have or may bring against the Company
arising out of the subject matter hereof must be based on the provisions of this Guarantee. No
provision or condition of this Guarantee can be waived or changed except by a writing endorsed or
attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or
other validating officer of the Company.
Guarantee Conditions And Stipulations (Revised 12/5/95)
Page 11
·c .:tier No.: 00068730-993-SD2-CFU
GUARANTEE CONDITIONS AND STIPULATIONS
( continued)
9. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing required to be furnished
the Company shall be addressed to it at the office which issued this Guarantee.
10. The fee specified on the face of this Guarantee is the total fee for title search and examination and
for this Guarantee.
Guarantee Conditions And Stipulations (Revised 12/5/95)
Page 12