HomeMy WebLinkAboutSDP 2021-0003; RACEWAY INDUSTRIAL; Site Development Plan (SDP)QocuSign 11:nvelope ID: EBD2DA9C-67DD-4A4F-AF-54FCFA3E203B
{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 Permits
D Coastal Development Permit D Minor
D Conditional Use Permit
D Minor D Extension
D Day Care (Large)
D Environmental Impact Assessment
D Habitat Management Permit D Minor
Ii] Hillside Development Permit Ii] Minor
D Nonconforming Construction Permit
D Planned Development Permit D Minor
D Residential D Non-Residential
D Planning Commission Determination
Reasonable Accommodation
Ii] Site Development Plan
D Special Use Permit
Ii] Minor
Ii] Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance D Minor
(FOR DEPT. USE ONLY) Legislative Permits
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D General Plan Amendment
D Local Coastal Program Amendment
□ Master Plan □Amendment
□ Specific Plan □Amendment
□ Zone Change
D Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
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): 221-880-01, -02, -03, -04
LOCATION OF PROJECT: SE Corner of Lionshead Ave & Melrose Dr, Carlsbad, CA 92010
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
(STREET ADDRESS)
Raceway Industrial
Industrial/warehouse building with surface parking
~$17,000,000 ESTIMATED COMPLETION DATE Q2 2022
Development No. 2020-O'Uc::,'2-Lead Case No. 50? 'Z.ut..\ -ooos
P-1 Paoe 1 of 6 Revised 10/20
'JocuSign Envelope ID: EBD2DA9C-67DD-4A4F-A~-54FCFA3E203B
OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT)
INDIVIDUAL NAME INDIVIDUAL NAME
(if applicable): (if applicable):
COMPANY NAME COMPANY NAME
(if applicable): W-H CARLSBAD OWNER IX, LP. (if applicable): W-H CARLSBAD OWNER IX, L.P.
MAILING ADDRESS: 600 W Broadway Suite 1150 MAILING ADDRESS: 600 W Broadway Suite 1150
CITY, STATE, ZIP: San Diego, CA 92101 CITY, STATE, ZIP: San Diego, CA 92101
TELEPHONE: 858-435-4018 TELEPHONE: 858-435-4018
EMAIL ADDRESS: Benton.Swift@Hines.com EMAIL ADDRESS: Benton.Swift@Hines.com
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE.
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
PURPOSES OF THIS APPLICATION. -~~-by: 4/20/2021 4/20/2021 -~-DATE SI 2E. DATE
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APPLICANT'S REPRESENTATIVE (Print): SAME AS APPLICANT
MAILING ADDRESS: SAME AS APPLICANT
CITY, STATE, ZIP: SAME AS APPLICANT
TELEPHONE: SAME AS APPLICANT
EMAIL ADDRESS: SAME AS APPLICANT
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
::>URPOSES 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 AND BIND ANY SUCCESSORS IN INTEREST. [Ooou81-by:
~-~--
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
P-1 Page 2 of 6
of Carlsbad
MAY 1 0 2021
!_lanning Division
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 10/20
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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 NIA Corp/Part W-H Carlsbad JV IX, L.L.C.
Title NIA Title Managing Member --------------Address NIA Address 600 W Broadway, Suite 1150, San Diego, CA 92101 ----------
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 NIA Corp/Part W-H Carlsbad JV IX, L.L.C.
Title NI A Title Managing Member
Address NIA ----------
--------------
Address 600 W Broadway, Suite 1150
San Diego, CA 92101
Page 1 of 2 Revised 07/10
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3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust.________ Non Profit/Trust. _________ _
Title ------------Title _____________ _
Address Address ------------------------
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve ( 12)
months?
D Yes l ✓I No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
4/20/2021 ~~-4/20/2021
Signature of a~plicant/date
Eric Hepfer, Ownership Representative Eric Hepfer, Applicant Representative
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 07/10
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Ccicyof
Carlsbad
PROJECT DESCRIPTION
P-1(8)
PROJECT NAME: Raceway Industrial
APPLICANT NAME: W-H CARLSBAD OWNER IX, L.P.
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:
This Project Consists of:
Carlsbad Raceway Business Park, Lots 1-4: One (1) 247,687 square foot, industrial
shell building with a 36' interior clear height, 4,000 square feet of mezzanine area,
surface parking and landscaping on 19.34 gross acres. The building's average height
will be 42' with articulation features of 45' max. The building tenants are undetermined
at this time. The building does not include mezzanines. The building has (76) loading
dock doors and (4) grade level loading doors. Planned uses include manufacturing,
warehousing and accessory office space. Off street parking is provided at a blended
rate of 1.17 stalls/1000 sf.
The lots were mass-graded and currently vacant. Lots 1-4 are on the south side of
Lionshead Avenue and span between Melrose Drive and Eagle Drive in the Carlsbad
Raceway Business Park. The project incorporates an average of over 35' landscape
setback along Lionshead Avenue with sections exceeding 50', 35' along Eagle Drive
and 50' along Melrose Drive. The proposed site layout, building uses and floor areas
are in compliance with the Carlsbad Raceway Business Park Design Guidelines.
The project requires approval of a Site Development Plan-Minor. The project is in
conformance with Pl General Plan Designation and the P-M Zoning Ordinance.
Environmental compliance for this proposed project is established by way of Mitigated
Negative Declaration (15162) for GPA 98-05/ZC 01-07/CT 98-10/HDP 98-09/PIP
01-01 -Carlsbad Raceway Business Park, as adopted in connection with the master
development. The proposed project is consistent with the project cited above, and has
no new significant environmental effect not analyzed as significant in the prior
Mitigated Negative Declaration. None of the circumstances requiring a Subsequent
Mitigated Negative Declaration or a Supplemental EIR under CEQA Guidelines
Sections 15162 or 15163 exist.
P-1(B) Page 1 of 1 Revised 07/10
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Ccicyof
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
Iii The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application m contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: W-H CARLSBAD OWNER IX, LP.
Address: 600 W Broadway, Suite 1150
San Diego, CA 92101
Phone Number: 858-435-4018
PROPERTY OWNER
N W-H CARLSBAD OWNER IX, LP. ame: _________ _
Add 600 W Broadway, Suite 1150 ress: _________ _
San Diego, CA 92101
Phone Number: 858-435-4018
Address of Site: SE Corner of Lionshead Ave & Melrose Dr
Local Agency (City and county): City of Carlsbad I County of San Diego
Assessor's book, page, and parcel number: APN: 221-880-01, -02, -03, -04
Specify list(s):_N_I_A __________________________ _
Regulatory Identification Number:_N_I_A ____________________ _
Date of List: N/ A -----------------------------
4/20/2021 4/20/2021
Applicant Signature/Date Property Owner Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of 2 Revised 02/ 13
'OocuSign' Envelope ID: EBD2DA9C-67DD-4A4F-~-54FCFA3E203B
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: 05-( 0--Z.OZ..\ (To be completed by City)
Application Number(s): SDP 2021-0003 (DEV2020-0262)
General Information
1 _ Name of project: Raceway Industrial
2. Nameofdeveloperorprojectsponsor: W-H CARLSBAD OWNER IX, LP.
3.
4.
Address: 600 W Broadway Suite 1150
City, State, Zip Code: San Diego, CA 92101
Phone Number: (858)-435-4018
Ben Swift Name of person to be contacted concerning this project: ____________ _
Address: 600 W Broadway, Suite 1150
City, state, Zip Code: San Diego, CA 92101
Phone Number: 858-435-4018
Address of Project: South of Lionshead Ave. between Melrose Dr. and Eagle Dr.
Assessor's Parcel Number: APN: 221-880-01, -02, -03, -04
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:
Minor Hillside Development Permit, Tentative Parcel Map
6. Existing General Plan Land Use Designation: _P_I ______________ _
7. Existing zoning district: _P_-_M _____________________ _
8. Existing land use(s): _P_l_(_V_a_c_a_n_t_) _________________ _
9. Proposed use of site (Project for which this form is filed): Pl / (Office/Industrial)
Project Description
10. Site size: Lots 1-4: 19.34 Acres
11.
12:
13.
14.
P-1(O)
Proposed Building square footage: 247,687 SF (+4,000 SF of mezzanine office)
Number of floors of construction: _1_st_o_r_y ________________ _
291 Stalls Amount of off-street parking provided: __________________ _
Associated projects: _N_I_A ______________________ _
Page 2 of 4 Revised 07/10
'DocuSigrt Envelope ID: EBD2DA9C-67DD-4A4F-A~-54FCFA3E203B
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15. If residential, include the number of units and schedule of unit sizes: _N_/_A ________ _
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: _____________________ _
N/A
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
18.
The project is a speculative industrial/warehouse building. The tenant and uses
are undetermined. Loading is accommodated by loading dock bays and grade
level doors that are screened from view being that they are in the rear of the building.
If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
N/A
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: ____________________ _
N/A
P-1(O) Page 3 of 4 Revised 07/10
i:>ocuSign' Envelope ID: EBD2DA9C-67DD-4A4F-~-54FCFA3E203B
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Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or
roads.
22. Change in pattern, scale or character of general area of project.
23. Significant amounts of solid waste or litter.
24. Change in dust, ash, smoke, fumes or odors in vicinity.
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity.
27. Site on filled land or on slope of 10 percent or more.
28. Use of disposal of potentially hazardous materials, such as toxic substances,
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage,
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31. Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
Yes No □ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
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 and belief.
Date: 4/20/2021 c-·-.. ,
Si n tur : ~-fpe--g a e l!IB!t!!JDGfflP'!Bl411!
For: W-H CARLSBAD OWNER IX, L.P.
P-1(O) Page 4 of 4 Revised 07/10
L>ocuSign~Envelope ID: EBD2DA9C-67DD-4A4F-AF-54FCFA3E203B
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ATTACHMENT TO Pl{D)
Raceway Industrial
32.
The Project site, lots 1-4 of C.T. -98-06, is a vacant pad, previously graded with the mass grading permit
approved for the Carlsbad Raceway Business Park project. Most of the site is generally level with the
southern property edge sloping up at slopes varying from 25% to 45% to the southern property line.
Public curb/gutter/sidewalks are existing along Lionshead Ave., Eagle Dr. and Melrose Dr. frontages. The
site has no structures or surface improvement except for four existing siltation basins and storm drains.
No consequential plants or animals are present. The soils are suitable to support buildings on
conventional shallow foundation.
33.
The project is bordered to the north, across Lionshead Ave., by both designated open space and 1-2
story surface parked office park. To the east the project is bordered by Eagle Dr. with a two story,
roughly 35', surface parked office/flex building. To the south the project is bordered by Palomar Forum,
a 9-building, rough 35' two story, office/flex R&D park with surface parking. The Palomar forum property
is roughly 50' higher than the level of our property, with the proposed roof of our project still being
below the pad level of the property to the south. To the west, across Melrose Dr., is a two story and
roughly 35' flex office/R&D building with surface parking. The remainder of the Raceway Business Park
consists of other flex office/R&D buildings as well as similar industrial warehouses to our project.
Our project complies with all setback requirements per the city code as well as all design requirements
per city code and the Raceway Business Park Association design guidelines.
We have attached the preliminary approval of the Business Park Design Committee for our proposed
site plan.
See site photos for images of the surrounding properties.
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Carlsbad
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e., clarification
regarding a specific requirement or whether all requirements are necessary for your particular
application) please call (760)..,1-4610. _
Applicant Signature: __ A_~ ___ V-_______________ _
Staff Signature:
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
c Site/Surrounding Images
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Eastern-facing Site image
Southern-facing site image/ southern property border image
Western-facing site image
Northern-facing site image
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Development Services
Planning Division
1635 Faraday Avenue
760-602-4610
www.carlsbadca.gov
PURPOSE
CLIMATE ACTION PLAN (.(/ c· f
coNsisTENcv cu~cKLIST ,-, '--I ityb 0d
P-30 LCity of Carlsbad\--Jar S a
!fanning Division
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 of 7 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 CO 2 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.
STEPl
Oteddistltl!M
(Check the app. opiate box and provide an explanation and supporting documentation fur y,cu 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?
Yes No
□ □
If ''Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and
proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the
Climate Action Plan.
If "No", proceed to Question B.
B. The CAP established a screening threshold of 900 MTC02e/year for new development projects to assist in determining
consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP
screening threshold. Will the proposed land use change result in the construction of less than any one of the following?
• Single-Family Housing: 50 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 MTCO2e/year screening threshold.
If ''Yes", proceed to Step 2 of the checklist.
□ □
If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions
reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset
the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative
GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section
15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results 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
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City of Carlsbad Climate Action Plan Consistency Checklist
STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS
Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate
consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply
to development projects that require a building permit. All other development projects shall implement all
emissions-related mitigation measures from the General Plan Update EIR.
Project No./Name:
Property
Address/ APN:
Applicant Name/Co.:
Applicant Address:
Contact Phone:
Raceway Industrial
221-880-01 /221-880-02/221-880-03/221-880-04
Contact Email:
Contact information of person completing this checklist (if different than above):
Name: Maria Cabrera Contact Phone:
Ware Malcomb
858-500-4620
Company
name/address: 3911 Sorrento Valley Blvd,
Suite 120, San Diego 92121
Contact Email : mcabrera@waremalcomb.com
Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If
your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for
assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov.
Estimated Building Permit Valuation (BPV): $ __________ _
Construction '.lne
D Resident! I
□ New construction 2A, 3A and 4A
D Alterations:
□ 8PV ;:: $60,000 lA All residential alterations
□ 8PV;:: $60,000 lA and 4A 1-2 family dwellings and townhouses with attached
□ Electrical service panel upgrade 4A garages only ·
Multi-family dwellings only where interior finishes are
□ BPV ;:: $200,000 lA and 4A removed and significant site work and upgrades to
structural and mechanical, electrical, and/or plumbing
systems are proposed
D Nonresidential
IXI New construction 18, 28, 3B, 48 and
5
□ Alterations:
P-30 Page 3 of 7 Revised 02/20
I
City of Carlsbad Climate Action Plan Consistency Checklist
□ BPV ~ $200,000 or additions ~ 1B,S 1,000 square feet
□ BPV ~ $1,000,000 1B, 2B and 5 Building alterations of~ 75% existing gross floor area
□ ~ 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV ~ $200,000
supporting calculations and documentation as
1.Energy
Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen} for more information when completing this section.
A. D Residential addition or alteration ~ $60,000 building permit valuation.
See Ord. CS-347, Section 8.
Year Built Single-family Requirements
□ Before 1978 Select one:
□ Duct sealing □ Attic insulation □ Cool roof
□ 1978 and later Select one:
□ Lighting package □ Water heating package
□ Between 1978 and 1990
□ 1991 and later
B. 1K] Nonresidential* new construction or alterations ~ $200,000 building permit valuation,
or additions ~ 1,000 square feet
See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3.
AS.203.1.1.1
□ Outdoor lighting: .90 Allowed Outdoor Lighting Power
AS.203.1.1.2
□ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended}
AS.203.1.2.l
Choose one as applicable: □ .95 Energy budget D .90 Energy budget
AS.211.1. **
□ On-site renewable energy
AS.211.3**
□ Green power (if offered by local utility provider, 50% minimum renewable sources}
AS.212.l
□ Elevators and escalators
AS.213.l
□ Steel framing
P-30 Page 4 of 7
□ N/A _________ _
□ Exception: Home energy score~ 7
(attach certification}
Multi-family Requirements
□ Attic insulation
Select one:
□ Attic insulation □ Duct Sealing
Select one:
□ Cool roof
□ Lighting package □ Water heating package
□ N/A __________ _
□ N/A
□ N/A
□ N/A
□ N/A
□ N/A
□ N/A
Revised 02/20
0
City of Carlsbad Climate Action Plan Consistency Checklist
0 N/A
* Includes hotels/motels and high-rise residential buildings
** For alterations~ $1,000,000 BPV and affecting > 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California
Energy Code section 120.10 instead.
2. PhotovoltakSWStlP
A. 0 Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.l(c) 14 for
requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by
.3kWdc if J1I/ 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. 1K] Nonresidential new construction or alterations ~1,000,000 BPV and affecting ~75% existing floor area, or addition that increases 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:
□ Gross Floor Area (GFA} Method
GFA: 247,687 S.f
□ If< 10,000s.f. Enter: 5 kWdc
Min. System Size:
IX! If~ 10,000s.f. calculate: 15 kWdc x (GFA/10,000) **
372 kWdc
**Round building size factor to nearest tenth, and round system size to nearest whole number.
□ Time-Dependent Valuation Method
Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc
***Attach calculation documentation using modeling software approved by the California Energy Commission.
P-30 Page 5 of 7 Revised 02/20
City of Carlsbad Climate Action Plan Consistency Checklist
3. Water~
A. 0 Residential and hotel/motel new construction
Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section.
D 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:
D For systems serving multiple dwelling units, install a central water-heating system with all of the following:
□ Gas or propane water heating system
D Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential)
□ Solar water heating system that is either:
D .60 solar savings fraction or 40 s.f. solar collectors
□ .40 solar savings fraction, plus drain water heat recovery
□ Exception:
B. Ix] 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 IXl 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
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:
□ One EVSE ready parking space required □ Exception :
D Multi-family residential : D Exception ·
Total Parking Spaces EVSE Spaces
Proposed Capable I Ready I
I I
Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number)
EVSE Installed = Total EVSE Spaces x .50 (rounded up to nearest whole number)
EVSE other= Total EVSE spaces -EVSE Installed
(EVSE other may be "Capable," "Ready" or "Installed.")
Installed I
I
Total
P-30 Page 6 of 7 Revised 02/20
City of Carlsbad Climate Action 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 ~ Nonresidential new construction (includes hotels/motels) □ Exception ·
Total Parking Spaces EVSE Spaces
Proposed Capable Ready Installed Total
291 29 14 15 29
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
IXI 201 and over 10 percent of total 50 percent of Required EV Spaces
s. D TraldpOIUIIIOn DlmlndMln111ment (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 ADTTable.
Use GFA Employee ADT /1,000 S.F. Total Employee ADT
Office 12,738 20/1000 255
Warehouse 238,949 5/1000 1 195
Total 1,45Q
If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required.
*NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.ll requires new development that adds vehicle traffic
to vehicle LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development
Engineering (LOE) staff to determine whether this policy applies to your project.
TOM plan required: Yes □ No □
LDE Staff Verification: □ ______ {staff initials)
P-30 Page 7 of 7 Revised 02/20
-----------------:,.....,;---------------:-1 C cityof
Carlsbad
I NST~
STORM WATER STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
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.
f you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
estions, 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.
PRO.ECT ,,.,..
PROJECT NAME: Lionshead Avenue Industrial Building PROJECT ID: SOP XXXX-XXXX
ADDRESS: Lionshead Avenue and Melrose Drive, Carlsbad, CA 92010 APN: 221-880-01 , -02, -03 and -04
The project is (check one):~ New Development D Redevelopment
The total proposed disturbed area is: 653,400 ft2 ( 15.00 ) acres
The total proposed newly created and/or replaced impervious area is: 554,388 ft2 ( 12. 727 ) 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 n/a SWQMP#: n/a
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 REV 03/19
STEP1
10 BE COIIPLETED FOR ALL flRO.ECTS
To determine if your project is a "development project", please answer the following question:
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)?
YES NO
□
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):
If
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:
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 uidance?
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?
YES NO
□
□
□
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):
E-34 Page 2 of 4 REV 03/19
o determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )):
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 ublic develo ment ro ·ects on ublic or rivate 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
develo ment ro ·ects on ublic or rivate 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
develo ment ro·ect includes develo ment on an natural slo e that is twent -five ercent or reater.
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
trans ortation of automobiles, trucks, motorc cles, and other vehicles.
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 ro ·ect to the ESA i.e. not comm in led with flows from ad·acent 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 ADT of 100 or more vehicles er da .
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
YES NO
Ix] □
□ IX!
□ I[]
□
IX] □
□
□
□ IX]
IX] □
IX] □
□
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 statin "M ro·ect is a 'STANDARD PROJECT' ... " and com lete a licant information.
E-34 Page 3 of 4 REV 03/19
. .,.... -~t .. ~ I • • "''J if t.(=t\ ·~ , .. ,, • '-"'O i ' ~t •/,.:c'~1.: :·," \'J -'r\_c,·
;·; ,,.;.,·,~~ -~ ', ,1' t -:-!l,.-·Wt: ~":',;i<,-' ,,.,".'J:" .... ," ~~. -•
l: I \
Complete the questions below regarding your redevelopment project (MS4 Pennit Provision E.3.b.(2)):
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 (B) = ____________ sq . ft.
Percent impervious area created or replaced (B/A)*100 = _____ %
YES NO
·□ □
If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious
SL!rface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete
applicant infonnation.
If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the
check th f t b t t "M t PDP " d I t t format on • • • • •
,~. _.· I' ', 1 ,!
IX] 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'
stonnwater 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.
0 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: W-H CARLSBAD OWNER IX, L.P . Applicant Title: ____________ _
Applicant Signature: Date: I /3 0 lzo 2. l
• Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special
Biological Significance by the Stale 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 Stale 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 V!lhich have been identified by the City.
IS ox or ,tv se oniv Th ' B ti c· U
YES NO
City Concurrence: □ □
By:
Date:
Project ID: ~)
E•34 Page 4 of 4 REV 03/19
H~stewart
ALTA OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given
to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in
Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by
reason of:
1 . Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means
authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto
adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land ;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent
of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,
describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
Countersigned by:
~re• ----
A~ountersignature
Stewart Title Guaranty Company
7676 Hazard Center Drive, Ste 1400
San Diego, CA 92108
(619) 692-1600
Agent ID: 05V060 ~
Secretary
For coverage information or assistance resolving a complaint, call (800) 729-1 902 or visit www.stewart.com. To make a claim, furnish written notice in
accordance with Section 3 of the Conditions.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Associ ation.
File No. 20000480067
ALTA Owner's Policy 06-17-06
Page 1 of 4 of Policy Serial No.: O-9301-004898574
AM(lllC N
LAND flTll
COVERED RISKS (Continued)
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court
order providing an alternative remedy, of a transfer of all or any
part of the title to or any interest in the Land occurring prior to the
transaction vesting Title as shown in Schedule A because that
prior transfer constituted a fraudulent or preferential transfer
under federal bankruptcy, state insolvency, or similar creditors'
rights laws; or
(b) because the instrument of transfer vesting Title as shown in
Schedule A constitutes a preferential transfer under federal
bankruptcy, state insolvency, or similar creditors' rights laws by
reason of the failure of its recording in the Public Records
(i) to be timely; or
(ii) to impart notice of its existence to a purchaser for value or to
a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter
included in Covered Risks 1 through 9 that has been created or
attached or has been filed or recorded in the Public Records
subsequent to Date of Policy and prior to the recording of the deed or
other instrument of transfer in the Public Records that vests Title as
shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses
incurred in defense of any matter insured against by this Policy, but only
to the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including
those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement
erected on the Land:
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental
regulations. This Exclusion 1 (a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not
modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit
the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public Records
at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant
prior to the date the Insured Claimant became an Insured under
this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this
does not modify or limit the coverage provided under Covered
Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if
the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk
9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by
governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of
transfer in the Public Records that vests Title as shown in Schedule
A.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as
may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 11
of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) the term "Insured" also includes
(A) successors to the Title of the Insured by operation of law
as distinguished from purchase, including heirs,
devisees, survivors, personal representatives, or next of
kin;
(B) successors to an Insured by dissolution, merger,
consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another
kind of Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying the
Title
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly-owned by the
named Insured.
(2) if the grantee wholly owns the named Insured.
(3) if the grantee is wholly-owned by an affiliated Entity
of the named Insured, provided the affiliated Entity
and the named Insured are both wholly-owned by
the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Copyright 2006-2009 American Land Title Association. All rights reserved.
Insured named in Schedule A for estate planning
purposes.
(ii) with regard to (A), (B), (C), and (D) reserving , however, all
rights and defenses as to any successor that the Company
would have had against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
(g) "Land": The land described in Schedule A, and affixed
improvements that by law constitute real property. The term
"Land" does not include any property beyond the lines of the
area described in Schedule A, nor any right, title, interest, estate,
or easement in abutting streets, roads, avenues, alleys, lanes,
ways, or waterways, but this does not modify or limit the extent
that a right of access to and from the Land is insured by this
policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other
security instrument, including one evidenced by electronic
means authorized by law.
(i) "Public Records": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also include environmental protection liens filed in
the records of the clerk of the United States District Court for the
district where the Land is located.
0) "Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of the
Title or lender on the Title to be released from the obligation to
purchase, lease, or lend if there is a contractual condition
requiring the delivery of marketable title.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
AMERIC N
LAND TITII
A\\UUAJU).111
File No. 20000480067
ALTA Owner's Policy 06-17-06
Page 2 of 4 of Policy Serial No.: O-9301-004898574
(
(
CONDITIONS (Continued)
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured retains
an estate or interest in the Land, or holds an obligation secured by a
purchase money Mortgage given by a purchaser from the Insured, or
only so long as the Insured shall have liability by reason of warranties
in any transfer or conveyance of the Title. This policy shall not
continue in force in favor of any purchaser from the Insured of either
(i) an estate or interest in the Land, or (ii) an obligation secured by a
purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 5(a) of these Conditions, (ii) in
case Knowledge shall come to an Insured hereunder of any claim of
title or interest that is adverse to the litle, as insured, and that might
cause loss or damage for which the Company may be liable by virtue
of this policy, or (iii) if the Title, as insured, is rejected as
Unmarketable litle. If the Company is prejudiced by the failure of the
Insured Claimant to provide prompt notice, the Company's liability to
the Insured Claimant under the policy shall be reduced to the extent
of the prejudice.
4. PROOF OF LOSS
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 Insured Claimant furnish a signed proof of
loss. The proof of loss must describe the defect, lien, encumbrance,
or other matter insured against by this policy 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.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at its
own cost and without unreasonable delay, shall provide for the
defense of an Insured in litigation in which any third party asserts
a claim covered by this policy adverse to the Insured. This
obligation is limited to only those stated causes of action alleging
matters insured against by this policy. The Company shall have
the right to select counsel of its choice ( subject to the right of the
Insured to object for reasonable cause) to represent the Insured
as to those stated causes of action. It shall not be liable for and
will not pay the fees of any other counsel. The Company will not
pay any fees, costs, or expenses incurred by the Insured in the
defense of those causes of action that allege matters not insured
against by this policy.
(b) The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any appropriate
action under the terms of this policy, whether or not it shall be
liable to the Insured. The exercise of these rights shall not be an
admission of liability or waiver of any provision of this policy. If
the Company exercises its rights under this subsection, it must
do so diligently.
(c) Whenever the Company brings an action or asserts a defense as
required or permitted by this policy, the Company may pursue
the litigation to a final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its sole
discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding
and any appeals, the Insured shall secure to the Company the
right to so prosecute or provide defense in the action or
proceeding, including the right to use, at its option, the name of
the Insured for this purpose. Whenever requested by the
Company, the Insured, at the Company's expense, shall give the
Company all reasonable aid (i) in securing evidence, obtaining
witnesses, prosecuting or defending the action or proceeding, or
effecting settlement, and (ii) in any other lawful act that in the
opinion of the Company may be necessary or desirable to
establish the Title or any other matter as insured. If the
Company is prejudiced by the failure of the Insured to furnish the
required cooperation, the Company's obligations to the Insured
under the policy shall terminate, including any liability or
obligation to defend, prosecute, or continue any litigation, with
regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized
representative of the Company and to produce for examination,
inspection, and copying, at such reasonable times and places as
may be designated by the authorized representative of the
Company, all records, in whatever medium maintained, including
books, ledgers, checks, memoranda, correspondence, reports,
e-mails, disks, tapes, and videos whether bearing a date before
or after Date of Policy, that reasonably pertain to the loss or
damage. Further, if requested by any authorized representative
of the Company, the Insured Claimant shall grant its permission,
in writing, for any authorized representative of the Company to
examine, inspect, and copy all of these records in the custody or
control of a third party that reasonably pertain to the loss or
damage. All information designated as confidential by the
Insured Claimant provided to the Company pursuant to this
Section 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 Insured Claimant to submit for
examination under oath, produce any reasonably requested
information, or grant permission to secure reasonably necessary
information from third parties as required in this subsection,
unless prohibited by law or governmental regulation, shall
terminate any liability of the Company under this policy as to that
claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance. To pay
or tender payment of the Amount of Insurance under this policy
together with any costs, attorneys' fees, and expenses incurred
by the Insured Claimant that were authorized by the Company
up to the time of payment or tender of payment and that the
Company is obligated to pay. Upon the exercise by the
Company of this option, all liability and obligations of the
Company to the Insured under this policy, other than to make the
payment required in this subsection, shall terminate, including
any liability or obligation to defend, prosecute, or continue any
litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured
or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any
costs, attorneys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to the
time of payment and that the Company is obligated to pay;
or
(ii) to pay or otherwise settle with the Insured Claimant the loss
or damage provided for under this policy, together with any
costs, attorneys' fees, and expenses incurred by the Insured
Claimant 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 subsections (b)(i) or (ii), the Company's
obligations to the Insured under this policy for the claimed loss or
damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
(_, ___________________________ _
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 20000480067
ALTA Owner's Policy 06-17-06
Page 3 of 4 of Policy Serial No.: 0-9301-004898574
AMERICAN
IANIJ 11111
\\\u•uo,1,-.
CONDmONS (Continued)
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by this
policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the TIiie as insured and
the value of the ntle subject to the risk insured against by
this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the ntle, as
insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or
damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled
and paid.
(c) In addition to the extent of liability under (a) and (b), the
Company will also pay those costs, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of these
Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the ntle, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of
access to or from the Land, or cures the claim of Unmarketable
Title, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals, it
shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused to
the Insured.
(b) In the event of any litigation, including 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, adverse to the TIiie, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in settling
any claim or suit without the prior written consent of the
Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY
All payments under this policy, except payments made for costs,
attorneys' fees, and expenses, shall reduce the Amount of Insurance
by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the
Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule B or to which the Insured has agreed,
assumed, or taken subject, or which is executed by an Insured after
Date of Policy and which is a charge or lien on the TIiie, and the
amount so paid shall be deemed a payment to the Insured under this
policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be
made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under
this policy, it shall be subrogated and entitled to the rights of the
Insured Claimant in the TIiie and all other rights and remedies in
respect to the claim that the Insured Claimant has against any person
or property, to the extent of the amount of any loss, costs, attorneys'
fees, and expenses paid by the Company. If requested by the
Company, the Insured Claimant shall execute documents to evidence
the transfer to the Company of these rights and remedies. The
Insured Claimant shall permit the Company to sue, compromise, or
settle in the name of the Insured Claimant and to use the name of the
Insured Claimant in any transaction or litigation involving these
rights and remedies.
If a payment on account of a claim does not fully cover the
loss of the Insured Claimant, the Company shall defer the
exercise of its right to recover until after the Insured Claimant ~
shall have recovered its loss. . J
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance, or
bonds, notwithstanding any terms or conditions contained in
those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the ntle
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 Insured arising
out of or relating to this policy, any service in connection with its
issuance or the breach of a policy provision, or to any other
controversy or claim arising out of the transaction giving rise to this
policy. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the
Company or the Insured. All arbitrable matters when the Amount of
Insurance is in excess of $2,000,000 shall be arbitrated only when
agreed to by both the Company and the Insured. Arbitration
pursuant to this policy 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.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached to it
by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Titte or by any action asserting such claim shall be restricted to
this policy.
(c) Any amendment of or endorsement to this policy must be in ~
writing and authenticated by an authorized person, or expressly L, . ..J
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and
provisions. Except as the endorsement expressly states, it does
not (i) modify any of the terms and provisions of the policy, (ii)
modify any prior endorsement, (iii) extend the Date of Policy. or
(iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy 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.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy 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 policies of title insurance 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 against the TIiie that are adverse to the Insured and to
interpret and enforce the terms of this policy. 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 Insured 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.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this policy must be given
to the Company at Claims Department at P.O. Box 2029, Houston,
TX 77252-2029. _______________________ '")
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 20000480067
ALTA Owner's Policy 06-17-06
Page 4 of 4 of Policy Serial No.: 0-9301-004898574
AM[RICAN
l,\Nll 1"1111
l\\\lll I.Hill""
ALTA OWNER'S POLICY (6/17/06)
c·,., Name and Address of
Title Insurance Company:
File No.: 20000480067
SCHEDULE A
Address Reference: APN 221-880-01, Carlsbad, CA
APN 221-880-02, Carlsbad, CA
APN 221-880-03, Carlsbad, CA
APN 221-880-04, Carlsbad, CA
(For Company Reference Purposes Only)
Amount of Insurance: $22,000,000.00
Date of Policy: March 25, 2021 at 1 :08 PM
1. Name of Insured:
W-H CARLSBAD OWNER IX, LP., a Delaware limited partnership
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
W-H CARLSBAD OWNER IX, L.P., a Delaware limited partnership
( 4. The Land referred to in this policy is described as follows:
Stewart Title Guaranty Company
P.O. Box 2029, Houston, TX 77252
Policy No.: O-9301-004898574
Premium: $18,700.00
Lots 1, 2, 3 and 4 of Carlsbad Tract No. 98-10 Carlsbad Raceway, according to Map thereof No. 15013, in the City of
Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on
May 3, 2005 as Instrument No. 2005-371022, of Official Records.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 20000480067
STG ALTA Owner's Policy Sch A COM
Page 1 of 1
1
-sle'\N'art , __ guaranty company
-4M!'tl(;,Ui
l,,or.~·!}~IJ
-.'1.10\'U.lk ....
ALTA OWNER'S POLICY (6/17 /06)
SCHEDULE B
File No.: 20000480067 Policy No.: O-9301-004898574 ""'"')
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that
arise by reason of:
Taxes:
A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be
levied for the fiscal year 2021-2022.
8. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with
Section 75) of the revenue and taxation code of the State of California. None due and payable.
Exceptions:
1. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas,
uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all
rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in
Schedule 8. The Company makes no representation as to the present ownership of any such interests. There
may be leases, grants, exceptions or reservations of interests that are not listed.
2. An easement for the purpose shown below and rights incidental thereto as set forth in a document to Ida Dawson,
for the purpose of ingress and egress and utility purposes, recorded April 3, 1959 in Book 7586, Page 133 of
Official Records.
Said matter affects a portion of said land as more particularly described in said document.
Said matter affects: Lot 1.
3. Intentionally deleted.
4. Intentionally deleted.
5. A document entitled "Payment of a Public Facilities Fees", recorded February 16, 1982 as file no. 82-041594 of
Official Records.
6. Intentionally deleted.
7. Intentionally deleted.
8. Intentionally deleted.
9. Covenants, Conditions, and Restrictions as set forth in an instrument, but omitting, except to the extent permitted
by any applicable federal or state law, covenants or restrictions, if any, based on race, color, religion, sex, familial
status, national origin, handicap, sexual orientation, marital status, ancestry, source of income, disability, medical
condition, or other unlawful basis.
Recorded: February 11, 2004 as File No. 2004-0109894 of Official Records
10. A document entitled "Notice and waiver concerning proximity of the planned or existing Palomar Airport Road and
~Co .. p,_y...,rig-:h~t~20~06-~200~9~A-m-en~·ca-n'!"'La-n~d~TI~itl~e~As-s-o~ci~at'!"'io_n_. "!"Al'!"'l~rig~hts~r-ese_rv_e~d_---------------------------:-1
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ~<~~-,.~~~-~
All other uses are prohibited. Reprinted under license from the American Land Title Association. U-"-~-'-'!~ 1
File No. 20000480067 Page 1 of 3 STEWART TITLE 4
"""'"1~"'
CA STG ALTA Owner's Policy Sch B EXT SCE GUARANTY COMPANY ~
r ' '-
ALTA OWNER'S POLICY (6/17/06)
11.
12.
13.
14.
15.
SCHEDULE B
Melrose Drive Transportation Corridor(s) Case No.: CT 98-10", recorded February 11, 2004 as file no.
2004-0109898 of Official Records.
A document entitled "Hold Harmless Agreement Drainage", recorded May 27, 2004 as file no. 2004-0494021 of
Official Records.
A document entitled "Hold Harmless Agreement Geological Failure", recorded May 27, 2004 as file no.
2004-0494124 of Official Records.
A document entitled "Hold Harmless Agreement Drainage", recorded January 21, 2005 as file no. 2005-0054704
of Official Records.
A document entitled "Hold Harmless Agreement Geological Failure", recorded January 21, 2005 as file no.
2005-0054 705 of Official Records.
Provisions of the dedication statement on the map of the tract shown below which relinquish certain rights of
ingress and egress to the public street herein named, upon the terms therein, except for the general public right to
travel the same Map No.: 15013
Street Affected: Lionshead Avenue, Melrose Drive, and Eagle Drive, Excepting therefrom the access openings
16. An easement affecting the portion of said land and for the purposes stated herein and incidental purposes, shown
or dedicated by Map No.: 15013, for: sight distance corridor, affects: Lots 2, 3 and 4 as shown on Map No. 15013
The following recital as contained on Carlsbad Tract No. 98-10 Carlsbad Raceway, Map No.: 15013:
No structure, fence, wall, tree, shrub, sign or other object over 30 inches above the street level may be placed or
permitted to encroach within the area identified as a sight distance corridor in accordance with city standard public
street-design criteria, Section 8.B.3 the underlying property owner shall maintain these conditions.
17. Intentionally deleted.
18. Intentionally deleted.
19. Intentionally deleted.
20. A document entitled "Waiver and consent to creation of a community facilities district and agreement to pay fair
share cost of CT 98-10", recorded May 3, 2005 as file no. 2005-0371021 of Official Records.
A document entitled "Amendment No. 1 to waiver and consent to creation of the Community Facilities District (CT
98-1 O)", recorded November 4, 2005 as file no. 2005-0964620 of Official Records.
21. Covenants, Conditions, and Restrictions as set forth in an instrument, but omitting, except to the extent permitted
by any applicable federal or state law, covenants or restrictions, if any, based on race, color, religion, sex, familial
status, national origin, handicap, sexual orientation, marital status, ancestry, source of income, disability, medical
condition, or other unlawful basis.
Recorded: October 24, 2005 as File No. 2005-0917104 of Official Records
Said Covenants, Conditions, and Restrictions provide that a violation thereof shall not defeat or render invalid the
lien of any mortgage or deed of trust made in good faith and for value. Among other things, said document
provides for easements.
c· -Co_p_y-rig_h_t-20_()6.._200_9_A_me_n_·~-n-u_n_d_TI-ltl_e_As_s_=_i_at-io_n ___ A_ll_rig_h_u_r_eH_N_e_d_---------------------~~~--
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ~-:,~•~~i,~
All other uses are prohibited. Reprinted under license from the American Land Title Association. asMX:u.l..,.
File No. 20000480067 Page 2 of 3 STEWART TITLE
CA STG ALTA Owner's Policy Sch B EXT SCE GUARANTY COMPANY
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE B
Said Covenants, Conditions and Restrictions have been modified by an instrument, recorded September 12, 2006
as File No. 2006-0647230 of Official Records.
Said Covenants, Conditions and Restrictions have been modified by an instrument, recorded September 10, 2007
as File No. 2007-0594291 of Official Records.
Said Covenants, Conditions and Restrictions have been modified by an instrument, recorded April 2, 2009 as File
No. 2009-0165748 of Official Records.
22. An easement for the purpose shown below and rights incidental thereto as set forth in a document to CoxCom,
Inc. d/b/a Cox Communications, for the purpose of telecommunications facilities and easement agreement,
recorded April 20, 2006, as lnstrumenUFile No. 2006-0275939 of Official Records.
Location of said easement cannot be plotted from record.
Said matter affects: Lots 1-4.
23. An agreement to which reference is made for full particulars dated August 30, 2006, by and between Fenton
Raceway, LLC, a California Limited Liability Company and Palomar Forum Associates, LP., a California Limited
Partnership, regarding "Surface Drainage Easement Agreement and Temporary Entry Permit", recorded November
15, 2006, as lnstrumenUFile No. 2006-0811029 of Official Records.
Said matter affects a portion of said land as more particularly described in said document.
Said matter affects: Lots 1 and 2.
24. An easement for the purpose shown below and rights incidental thereto as set forth in a document to CoxCom,
Inc. d/b/a Cox Communications San Diego, a Corporation, for the purpose of underground telecommunication
equipment, recorded February 27, 2007, as lnstrumenUFile No. 2007-0130948 of Official Records.
Location of said easement cannot be plotted from record.
Said matter affects: Lot 1.
25. Intentionally deleted.
26. Intentionally deleted.
27. Intentionally deleted.
.J
-::'co::p~y~rig::h::-t~2006-:::::'~2009::=""":Ame~n~·ca~n':"La~n~d~TI~,tl:""e":"As~s~o~ci~at~io~n-. ~A:':"11-,,rig"'!'h~ts-r-es_e_rv_e"'!'d_---------------------------J
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. 4MIRICAN
All other uses are prohibited. Reprinted under license from the American Land Title Association. '!--~~" !•(~.•
File No. 20000480067 Page 3 of 3 STEWART TITLE ........... ..
CA STG ALTA Owner's Policy Sch B EXT SCE GUARANTY COMPANY ~
_________________ , ---------------------------------------
( I
C
C
STG Privacy Notice
Stewart Title Companies
WHAT DO THE STEWART ITTLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty
Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business-to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
Reasons we can share your personal information. Dowe share Can you limit this sharing?
For our everyday business purposes-to process your
transactions and maintain your account. This may include running the Yes No business and managing customer accounts, such as processing
transactions, mailing, and auditing services, and responding to court
orders and legal investigations.
For our marketing purposes-to offer our products and services to Yes No
you.
For joint marketing with other financial companies No We don't share
For our affiliates' everyday business purposes-information
about your transactions and experiences. Affiliates are companies
related by common ownership or control. They can be financial and Yes No
non-financial companies. Our affiliates may include companies with a
Stewart name; financial companies, such as Stewart Title Company
For our affiliates' everyday business purposes-information No We don't share about your creditworthiness.
For our affiliates to market to you -For your convenience, Yes Yes, send your first and last name, the email
Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your
marketing even though such mechanism is not legally required. Stewart file number and the Stewart office
location that is handling your transaction by
email to optout@stewart.com or fax to
1-800-335-9591.
For non-affiliates to market to you. Non-affiliates are companies No We don't share not related by common ownership or control. They can be financial
and non-financial companies.
We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a
non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control
their subsequent use of information, and suggest you refer to their privacy notices.]
SHARING PRACTICES
How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a
about their practices? transaction.
How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we
personal information? use security measures that comply with federal law. These measures
include computer, file, and buildinQ safeQuards.
How do the Stewart Title Companies collect my We collect your personal information, for example, when you
personal information? ■ request insurance-related services
■ provide such information to us
We also collect your personal information from others, such as the real
estate agent or lender involved in your transaction, credit reporting agencies,
affiliates or other companies.
What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out)
in certain instances, we do not share your personal information in those
instances.
Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company,
1360 Post Oak Blvd., Ste. 100, Privacy Officer, Houston, Texas 77056
File No.: 20000480067 Page 1
Revised 01-01-2020
Effective Date: January 1, 2020
Privacy Notice for California Residents
Pursuant to the California Consumer Privacy Act of 2018 ("CCPA"), Stewart Information Services Corporation and its subsidiary companies
(collectively, "Stewart") are providing this Privacy Notice for California Residents ("CCPA Notice"). This CCPA Notice supplements the J
information contained in Stewart's existing privacy notice and applies solely to all visitors, users and others who reside in the State of
California or are considered California Residents ("consumers" or "you"). Terms used but not defined shall have the meaning ascribed to
them in the CCPA.
Information Stewart Collects
Stewart collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be
linked, directly or indirectly, with a particular consumer, household, or device. Most of the information that Stewart collects in the course of
its regular business is already protected pursuant to the Gramm-Leach-Bliley Act (GLBA). Additionally, much of this information comes from
government records or other information already in the public domain. Personal information under the CCPA does not include:
• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Certain personal information protected by other sector-specific federal or California laws, including but not limited to the
Fair Credit Reporting Act (FCRA), GLBA and California Financial Information Privacy Act (FIPA).
Specifically, Stewart has collected the following categories of personal information from consumers within the last twelve (12) months:
Category
A. Identifiers.
B. Personal information categories listed in
the California Customer Records statute
(Cal. Civ. Code§ 1798.80(e)).
C. Protected classification characteristics
under California or federal law.
D. Commercial information.
E. Biometric information.
F. Internet or other similar network activity.
G. Geolocation data.
H. Sensory data.
I. Professional or employment-related
information.
J. Non-public education information (per the
Family Educational Rights and Privacy Act
(20 U.S.C. Section 1232g, 34 C.FR. Part
99)).
K. Inferences drawn from other personal
information.
File No.: 20000480067
Examples Collected?
A real name, alias, postal address, unique personal identifier, online identifier,
Internet Protocol address, email address, account name, Social Security YES
number, driver's license number, passport number, or other similar identifiers.
A name, signature, Social Security number, physical characteristics or
description, address. telephone number, passport number, driver's license or
state identification card number, insurance policy number, education.
employment, employment history, bank account number, credit card number, YES
debit card number, or any other financial information, medical information, or
health insurance information. Some personal information included in this
category may overlap with other categories.
Age (40 years or olden. race, color, ancestry, national origin, citizenship,
religion or creed, marital status, medical condition, physical or mental
disability, sex (including gender, gender identity, gender expression, YES pregnancy or childbirth and related medical conditions), sexual orientation,
veteran or military status, genetic information (including familial genetic
information).
Records of personal property, products or services purchased, obtained, or
considered, or other purchasing or consuming histories or tendencies. YES
Genetic, physiological, behavioral, and biological characteristics, or activity
patterns used to extract a template or other identifier or identifying information,
such as, fingerprints, faceprints, and voiceprints, iris or retina scans, YES
keystroke, gait, or other physical patterns, and sleep, health. or exercise data.
Browsing history, search history, information on a consumer's interaction with YES
a website, application. or advertisement.
Physical location or movements. YES
Audio, electronic. visual, thermal, olfactory, or similar information. YES
Current or past job history or performance evaluations. YES
Education records directly related to a student maintained by an educational
institution or party acting on its behalf. such as grades. transcripts, class lists. YES
student schedules, student identification codes. student financial information,
or student disciplinary records.
Profile reflecting a person's preferences, characteristics, psychological trends. YES
predispositions, behavior, attitudes, intelligence. abilities, and aptitudes.
Page 2
Revised 01-01-2020
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Stewart obtains the categories of personir. ,;fformation listed above from the following categorlrof sources:
• Directly and indirectly from customers, their designees or their agents (For example, realtors, lenders, attorneys, etc.)
• Directly and indirectly from activity on Stewart's website or other applications.
• From third-parties that interact with Stewart in connection with the services we provide.
Use of Personal Information
Stewart may use or disclose the personal information we collect for one or more of the following purposes:
• To fulfill or meet the reason for which the information is provided.
• To provide, support, personalize, and develop our website, products, and services.
• To create, maintain, customize, and secure your account with Stewart.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To prevent and/or process claims.
• To assist third party vendors/service providers who complete transactions or perform services on Stewart's behalf.
• As necessary or appropriate to protect the rights, property or safety of Stewart, our customers or others.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and
monitor and improve our responses.
• To personalize your website experience and to deliver content and product and service offerings relevant to your
interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with
your consent, where required by law).
• To help maintain the safety, security, and integrity of our website, products and services, databases and other technology
assets, and business.
• To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental
regulations.
• Auditing for compliance with federal and state laws, rules and regulations.
• Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling
orders and transactions, verifying customer information, processing payments, providing advertising or marketing
services or other similar services.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some
or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which
personal information held by us is among the assets transferred.
Stewart will not collect additional categories of personal information or use the personal information we collected for materially
different, unrelated, or incompatible purposes without providing you notice.
Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties
Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have
designated as your agent in the course of your transaction (for example, a realtor or a lender). Stewart may disclose your personal
information to a third party for a business purpose. Typically, when we disclose personal information for a business purpose, we enter
a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for
any purpose except performing the contract.
We share your personal information with the following categories of third parties:
• Service providers and vendors (For example, search companies, mobile notaries, and companies providing credit/debit
card processing, billing, shipping, repair, customer service, auditing, marketing, etc.)
• Affiliated Companies
• Litigation parties and attorneys, as required by law.
• Financial rating organizations, rating bureaus and trade associations.
• Federal and State Regulators, law enforcement and other government entities
In the preceding twelve (12) months, Stewart has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers
Category B: California Customer Records personal information categories
Category C: Protected classification characteristics under California or federal law
Category D: Commercial Information
Category E: Biometric Information
Category F: Internet or other similar network activity
Category G: Geolocation data
Category H: Sensory data
Category I: Professional or employment-related information
Category J: Non-public education information
Category K: Inferences
Consumer Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes
your CCPA rights and explains how to exercise those rights.
File No.: 20000480067 Page 3
Revised 01-01-2020
,,_.,. ~
Access to Specific Information and D~ortability Rights ~
You have the right to request that Stewart disclose certain information to you about our collection and use of your personal information over
the past 12 months. Once we receive and confirm your verifiable consumer request, Stewart will disclose to you:
• The categories of personal information Stewart collected about you. ~
• The categories of sources for the personal information Stewart collected about you. J
• Stewart's business or commercial purpose for collecting that personal information.
• The categories of third parties with whom Stewart shares that personal information.
• The specific pieces of personal information Stewart collected about you (also called a data portability request).
• If Stewart disclosed your personal data for a business purpose, a listing identifying the personal information categories
that each category of recipient obtained.
Deletion Request Rights
You have the right to request that Stewart delete any of your personal information we collected from you and retained, subject to certain
exceptions. Once we receive and confirm your verifiable consumer request, Stewart will delete (and direct our service providers to delete)
your personal information from our records, unless an exception applies.
Stewart may deny your deletion request if retaining the information is necessary for us or our service providers to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions
reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such
activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for
by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code§ 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable
ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement,
if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access Data Portability and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us either:
• Calling us Toll Free at 1-866-571-9270
• Emailing us at Privacyrequest@stewart.com
• Visiting http://stewart.com/ccpa
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal
information. You may also make a verifiable consumer request on behalf of your minor child.
To designate an authorized agent, please contact Stewart through one of the methods mentioned above.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer
request must:
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal
information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Stewart cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the
request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with Stewart.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an
additional 45 days), we will inform you of the reason and extension period in writing.
A written response will be delivered by mail or electronically, at your option.
File No.: 20000480067 Page4
Revised 01-01-2020
C
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Any disclosures we provide will only cov~ dfo 12-month period preceding the verifiable consu~r request's receipt. The response we
provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to
provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity
without hindrance.
Stewart does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly
unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost
estimate before completing your request.
Non-Discrimination
Stewart will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
• Deny you goods or services.
• Charge you a different prices or rates for goods or services, including through granting discounts or other benefits, or
imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or
services.
Changes to Our Privacy Notice
Stewart reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we
will post the updated notice on Stewart's website and update the notice's effective date. Your continued use of Stewart's website
following the posting of changes constitutes your acceptance of such changes.
Contact Information
If you have questions or comments about this notice, the ways in which Stewart collects and uses your information described here, your
choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Phone:
Website:
Email:
Toll Free at 1-866-571-9270
http://stewart.com/ccpa
Privacyrequest@stewart.com
Postal Address: Stewart Information Services Corporation
Attn: Mary Thomas, Deputy Chief Compliance Officer
1360 Post Oak Blvd., Ste. 100, MC #14-1
Houston, TX 77056
File No.: 20000480067 Page 5
Revised 01-01-2020
#~stewart
ALTA ENDORSEMENT 39-06 POLICY AUTHENTICATION
ATTACHED TO POLICY NUMBER 0-9301-004898574
ISSUED BY
STEWART TITLE GUARANTY COMPANY
File No.: 20000480067 Charge: $0.00
When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability
under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were
issued electronically or lack signatures in accordance with the Conditions.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Date: March 25, 2021
Countersigned by:
~ r er ------
A~untersignature
Stewart Title Guaranty Company
7676 Hazard Center Drive, Ste 1400
San Diego, CA 92108
Agent ID: 05V060 ~
Endorsement
Serial No. E-9146-398205793
Secretary
---------------------------~ Copyright 2013 American Land Trtle Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 20000480067 / Policy Number: O-9301-004898574
ALTA Endorsement 39-06 Policy Authentication Adopted 4-02-13
Page 1 of 1
''-'IIUt .\~
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ALTA ENDORSEMENT 25-06 (SAME AS SURVEY) c· ATTACHED TO POLICY NUMBER 0-9301-004898574
ISSUED BY
STEWART TITLE GUARANTY COMPANY
File No.: 20000480067 Charge: $0.00
The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land as described
in Schedule A to be the same as that identified on the ALTA Survey made by Thienes Engineering, Inc. dated October 13,
2020.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Date: March 25, 2021
Countersigned by:
~·----A~ountersignature
Stewart Title Guaranty Company
7676 Hazard Center Drive, Ste 1400
San Diego, CA 92108
Agent ID: 05V060 ~
Endorsement
Serial No. E-9388-926394102
Copyright 2006-2009 American Land Trtle Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 20000480067 / Policy Number: O-9301-004898574
ALTA Endorsement 25-06 (Same as Survey)Adopted 10/16/08 O
Page 1 of 1
Secretary
"'-' •fl:,\,-: . ,,o tlftl
,.....
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ALTA ENDORSEMENT 19-06 (CONTIGUITY-MULTIPLE PARCELS)
ATTACHED TO POLICY NUMBER O-9301-004898574
ISSUED BY
STEWART TITLE GUARANTY COMPANY
File No.: 20000480067
The Company insures against loss or damage sustained by the Insured by reason of:
1. the common boundaries of the legal description in Schedule A are contiguous; or
Charge: $0.00
2. the presence of any gaps, strips, or gores separating any of the contiguous boundary lines described above.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Date: March 25, 2021
Countersigned by:
,t;;..... ----·
A~untersignature
Stewart litle Guaranty Company
7676 Hazard Center Drive, Ste 1400
San Diego, CA 92108
Agent ID: 05V060
Endorsement
Serial No.
~
Secretary
E-9365-408294823
J
----;;~~~~~~~~------...___) Copyright 2006-2009 American Land Trtle Association. All rights reserved.
The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 20000480067 I Policy Number: O-9301-004898574
ALTA Endorsement 19-06 (Contiguity -Multiple Parcels) (6/17/06)
Page 1 of 1
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ALTA ENDORSEMENT 18.2-06 (MULTIPLE TAX PARCEL ENDORSEMENT) c-ATTACHED TO POLICY NUMBER O-9301-004898574
. ISSUED BY
(
(
STEWART TITLE GUARANTY COMPANY
File No.: 20000480067 Charge: $100.00
The Company insures against loss or damage sustained by the Insured by reason of those portions of the Land identified
below not being assessed for real estate taxes under the listed Tax Identification Numbers or those Tax Identification
Numbers including any additional land:
APN: 221-880-01-00 Lot 1
APN: 221-880-02-00 Lot 2
APN: 221-880-03-00 Lot 3
APN: 221-880-04-00 Lot 4
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Date: March 25, 2021
Countersigned by:
~... ----
A~untersignature
Stewart Title Guaranty Company
7676 Hazard Center Drive, Ste 1400
San Diego, CA 92108 ~ Agent ID: 05V060
Endorsement
Serial No. E-9233-242221069
Copyright 2006-2016 American Land Trtle Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 20000480067 / Policy Number: O-9301-004898574
ALTA Endorsement 18.2-06 Multiple Tax Parcel Endorsement 8-1-16
Page 1 of 1
Secretary
4Ml•tCA"'-
lAND Ifft!
u.-.)l Uftll"',,
#~stewart
ALTA ENDORSEMENT 17-06 (ACCESS AND ENTRY)
ATTACHED TO POLICY NUMBER O-9301-004898574
ISSUED BY
STEWART TITLE GUARANTY COMPANY
File No.: 20000480067 Charge: $50.00
The Company insures against loss or damage sustained by the Insured if, at Date of Policy (i) the Land does not abut and
have both actual vehicular and pedestrian access to and from Lionshead Avenue (the "Street"), (ii) the Street is not
physically open and publicly maintained, or (iii) the Insured has no right to use existing curb cuts or entries along that
portion of the Street abutting the Land.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Date: March 25, 2021
Countersigned by:
~ rer -------·
A~untersignature
Stewart Title Guaranty Company
7676 Hazard Center Drive, Ste 1400
San Diego, CA 92108
Agent ID: 05V060 ~
Endorsement
Serial No. E-9361-056843598
Secretary
---------------------------J Copyright 2006-2009 American Land Trtle Association. All rights reserved.
The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 20000480067 / Policy Number: O-9301-004898574
ALTA Endorsement 17-06 (Access and Entry) (6/17/06) O
Page 1 of 1
OURIL4N
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ALTA ENDORSEMENT 9.1-06 (COVENANTS, CONDITIONS AND RESTRICTIONS-
r· UNIMPROVED LAND -OWNER'S POLICY)
\, ATTACHED TO POLICY NUMBER O-9301-004898574
(
ISSUED BY
STEWART TITLE GUARANTY COMPANY
File No.: 20000480067 Charge: $0.00
1. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the Exclusions from
Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy.
2. For the purposes of this endorsement only, "Covenant" means a covenant, condition, limitation or restriction in a document or
instrument in effect at Date of Policy.
3. The Company insures against loss or damage sustained by the Insured by reason of:
a. A violation on the Land at Date of Policy of an enforceable Covenant, unless an exception in Schedule B of the policy identifies
the violation, or
b. A notice of the violation, recorded in the Public Records at Date of Policy, of an enforceable Covenant relating to
environmental protection describing any part of the Land and referring to that Covenant, but only to the extent of the violation
of the Covenant referred to in that notice, unless an exception in Schedule B of the policy identifies the notice of the violation.
4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses)
resulting from:
a. any Covenant contained in an instrument creating a lease;
b. any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the Land; or
c. except as provided in Section 3. b, any Covenant relating to environmental protection of any kind or nature, including
hazardous or toxic matters, conditions, or substances;
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of
the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a
provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement
controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements.
Date: March 25, 2021
Countersigned by:
,tf;.r«r ----
A~"countersignature
Stewart Title Guaranty Company
7676 Hazard Center Drive, Ste 1400
San Diego, CA 92108 ~ Agent ID: 05V060
Endorsement
Serial No. E-9179-698374175
Copyright 2006-2012 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 20000480067 / Policy Number: O-9301-004898574
ALTA Endorsement 9.1-06 (Covenants, Conditions and Restrictions-Unimproved Land -Owner's Policy)
Revised 04-02-12
Page 1 of 1
Secretary
AMUIL""
lAND ttJU
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ALTA ENDORSEMENT 8.2-06 (COMMERCIAL ENVIRONMENTAL PROTECTION LIEN)
ATTACHED TO POLICY NUMBER O-9301-004898574
ISSUED BY
STEWART TITLE GUARANTY COMPANY
File No.: 20000480067 Charge: $100.00
The Company insures against loss or damage sustained by the Insured by reason of an environmental protection lien
that, at Date of Policy, is recorded in the Public Records or filed in the records of the clerk of the United States district
court for the district in which the Land is located, unless the environmental protection lien is set forth as an exception in
Schedule B.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Date: March 25, 2021
Countersigned by:
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A~untersignature
Stewart Title Guaranty Company
7676 Hazard Center Drive, Ste 1400
San Diego, CA 92108
Agent ID: 05V060 ~
Endorsement
Serial No. E-9385-281899597
Secretary
___________________________ :)
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 20000480067 / Policy Number: O-9301-004898574
ALTA Endorsement 8.2-06 (Commercial Environmental Protection Lien)Adopted 10/16/08
Page 1 of 1
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(, ARBITRATION ENDORSEMENT OP
ATTACHED TO POLICY NUMBER O-9301-004898574
ISSUED BY
STEWART TITLE GUARANTY COMPANY
File No.: 20000480067 Charge: $100.00
Any provisions in the Conditions of this policy referring to Arbitration are hereby deleted.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
(. the policy and of any prior endorsements.
Date: March 25, 2021
Countersigned by:
~--= ~-
A~untersignature
Stewart Title Guaranty Company
7676 Hazard Center Drive, Ste 1400
San Diego, CA 92108
Agent ID: 05V060
Endorsement
Serial No.
File No. 20000480067 / Policy Number: O-9301-004898574
Arbitration Endorsement OP
Page 1 of 1
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Secretary
E-9504-426316776