HomeMy WebLinkAboutSDP 14-12; QUARRY CREEK; Engineering Application(_ City of
Carlsbad
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Complete all appropriate information Write N/A when not aoolicable .
Project Name: Quarrl Creek Lot 6 Date: 12/18/17
Project Description: Park-N-Ride
Project Address: Located northerl:t: of Ha:t:mar Drive, southerl:t: of Hw~ 78, and easter!~ of El Saito Falls Street
Lot No(s).: 6 Map No.: lcOJB APN(s): 167-040-48
Number of Lots: 1 Number of Acres: 0.87 Miles of Trails: NIA
Owner: PresidiQ Come!:§tQne QC, LLC Applicant: Cornerstone Communities
Mailing Address: 4365 Executive Drive, Suite 600 Mailing Address: 4365 Executive Drive, Suite 600
San DiegQ, CA 92121 San Diego, CA 92121
Phone Number: 858-458-9700 Phone Number: 8~8-4~8-270Q
Fax Number: 858-410-0260 Fax Number: 858-410-0260
E-mail: jrobson@comerstonecommunities.com E-mail: jrobson@comerstonccommunities.com
I certify that I t'_ the legal owner and that all the above
Signature· J~
information i1 true ,v~t to the best of myrtno:r:ledge. ,h) it Signature: "Ji> -Date: ~ ~ ,l!) Date:
Civil Engineer. Aaron W. Parker S~ilsEng~: Rognev Mjkes~ll
Firm: SB&O,Inc. Firm: Geocon2 Inc.
Mailing Address: 3990 Ruffm Road1 Suite 120 Mailing Address: 6960 Flanders Drive
San Diego, CA 92123 San Diego2 CA 92121
Phone Number: 858-560-1141 Phone Number: 858-558-6900
Fax Number: 858-560-8157 Fax Number: 858-558-6159
E-mail: aaronp@sboinc.com E-mail: mikesell@geoconinc.com
State Registration Number: PE68547 State Registration Number: GE,2533
Additional Comments:
IMPROVEMENT VALUATION
1. What water district is the proposed project located in? (check one)
IX! Carlsbad Municipal Water District D Olivenhain D Vallecitos
2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for
water and redaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public
(median) landscape and irrigation, and drainage improvements (if applicable)? . $
GRADING QUANTITIES
cut 165 cy fill 25 cy remedial NIA cy import NIA cy export 140 cy
E-23 Page 1 of 2 REV 07/14 '\ , , /\J
CD~ \t.,,;
:J ·v ' : \
( City of
Carlsbad
APPLICATION
ENGINEERING
PLAN CHECK
E-23
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Complete all aooropriate information. Write N/A when not aoolicable.
APPLICATION FOR FOR CITY USE ONLY
(check all that apply) Project Drawing Deposit /Fees Comments
I.D. Number Paid
0 Adjustment Plat (ADJ)
D Certificate of Compliance (CE)
D Dedication of Easement (PR)
Type:
Type:
D Encroachment Permit (PR)
0 Final Map (FM)
!xi Grading Plancheck (DWG) l5Wl4--Q 5:)Cl-{oA ~~700-OCD5
D Improvement Plancheck (DWG)
D Parcel Map (PM)
D Quitclaim of Easement (PR)
Type:
D Reversion to Acreage (RA)
D Street Vacation (STV)
D Tentative Parcel Map (MS)
D Certificate of Correction (CCOR)
D Covenant of Easement (PR)
U Substantial Conformance
Exhibit (SCE)
□Trails D<mile D>mile
0 Other
II ~IM\JLOEPTED BY:
II
E-23 Page 2 of 2 REV07/14
• j '
CLTA Preliminary Report Form
(Rev. 11/06)
1'. "'llt I >l', ¥ First American Title
File No.: NHSC-5613227 (06)
Order Number: NHSC-5613227 (06)
Page Number: 1
RECEJ\IED
MAR 21 2018
LAND DEVELOP
ENGJNEERJN~ENT
This report has been amended/updated to reflect the following matters:
[ X ] No changes made to the report other than the Effective Date
[ ] Property address has been revised
[ ] Vesting has been revised
[ ] Legal Description has been revised
[ ] Taxes have been updated
[ ] Original item number(s) have been removed
[ ] New item number(s) have been added
[ ] Original item number(s) have been revised
[ ] Other:
First American Title
,,,.,.,.
"'""'
...
Order Number: NHSC-5613227 (06)
Page Number: 2
Updated 03/15/2018
First American Title
First American Title Company
April Chiaramonte
Cornerstone Communities
4365 Executive Drive, Suite 600
San Diego, CA 92121-2128
Customer Reference:
Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Property:
4380 La Jolla Village Dr, Suite 200
San Diego, CA 92122
Quarry Creek Lot 6 Park & Ride
NHSC-5613227 (06)
Dianne Livingston
(858)410-1303
(714)913-6750
dslivingston@firstam.com
Vacant Land
Carlsbad, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to
issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or
interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in
Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set
forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the
exclusive remedy of the parties. Limitations on Covered Risks applicable to the Cl TA and ALTA Homeowner's Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in
Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of
this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not
covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and
may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of
title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
Rrst American Title
First American Title
Order Number: NHSC-5613227 (06)
Page Number: 3
Dated as of March 12, 2018 at 7:30 A.M.
Order Number: NHSC-5613227 (06)
Page Number: 4
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Presidio Cornerstone QC, LLC, a Delaware Limited Liability Company
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2018-2019, a lien not yet due or
payable.
2. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 5 and Community Facilities District
No. 5, Improvement Area No. 1, as disclosed by Notice of Special Tax Lien recorded June 22, 2012 as
Instrument No. 2012-0365643 of Official Records.
Document(s) declaring modifications thereof recorded June 1, 2016 as Instrument No. 2016-0267426
of Official Records.
3. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 1, as disclosed by Notice of Special
Tax Lien recorded June 24, 2013 as Instrument No. 2013-0394405 of Official Records.
4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the California Revenue and Taxation Code.
5. An easement for public road and incidental purposes, recorded February 17, 1897 in Book 257, Page
247 of Deeds.
First American Title
Order Number: NHSC-5613227 (06)
Page Number: 5
In Favor of: The County of San Diego
Affects: As described therein
The location of the easement cannot be determined from record formation.
6. An easement for either or both pole lines, underground conduits and incidental purposes, recorded
February 11, 1911 in Book 511, Page 235 of Deeds.
In Favor of: Pacific Telephone and Telegraph Company
Affects: As described therein
The location of the easement cannot be determined from record information.
7. An easement for poles and incidental purposes, recorded March 4, 1911 in Book 509, Page 267 of
Deeds.
In Favor of: The Pacific Telephone and Telegraph Company
Affects: As described therein
The location of the easement cannot be determined from record information.
The effect of a document entitled "Quitclaim of Easement", recorded September 29, 2017 as
Instrument No. 2017-0450673 of Official Records.
8. Abutter's rights of ingress and egress to or from the highway, adjacent thereto have been
relinquished in the document recorded November 13, 1964 as Instrument No. 206558 of Official
Records.
9. Abutter's rights of ingress and egress to or from the highway, adjacent thereto have been
relinquished in the document recorded March 29, 1968 as Instrument No. 53001 of Official Records.
10. The terms and provisions contained in the document entitled Grant of Perpetual Slope Easement and
Temporary Construction Easement recorded June 23, 2003 as Instrument No. 2003-0739971 of
Official Records.
The location of the easement cannot be determined from record information.
11. Covenants, conditions, restrictions and easements in the document recorded March 14, 2011
as Instrument No. 2011-0135700 of Official Records, which provide that a violation thereof shall not
defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for
value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, sexual orientation, familial status, disability,
handicap, national origin, genetic information, gender, gender identity, gender expression, source of
income (as defined in California Government Code § 12955 (p)) or ancestry, to the extent such
covenants, conditions or restrictions violate 42 U.S.C. § 3604(c), or california Government Code§
12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or
housing for older persons shall not be construed as restrictions based on familial status.
12. The terms and provisions contained in the document entitled "Encroachment Removal Agreement
(Proposed Encroachment on Right-of-Way)" recorded July 27, 2011 as Instrument No. 2011-0382141
of Official Records.
The location of the easement cannot be determined from record information.
First American Title
13.
14.
Order Number: NHSC-5613227 (06)
Page Number: 6
Covenants, conditions, restrictions and easements in the document recorded August 25, 2011
as Instrument No. 2011-0439455 of Official Records, which provide that a violation thereof shall not
defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for
value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, sexual orientation, familial status, disability,
handicap, national origin, genetic information, gender, gender identity, gender expression, source of
income (as defined in California Government Code§ 12955 (p)) or ancestry, to the extent such
covenants, conditions or restrictions violate 42 U.S.C. § 3604(c), or california Government Code§
12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or
housing for older persons shall not be construed as restrictions based on familial status.
A Deed of Trust to secure an original indebtedness of $28,000,000.00 recorded March 30,
2015 as Instrument No. 2015-0150823 of Official Records.
Dated: March 24, 2015
Trustor: Presidio Cornerstone QC, LLC, a Delaware limited liability
Trustee:
Beneficiary:
Affects:
company
Farmers and Merchants Trust Company of Long Beach
Farmers & Merchants Bank of Long Beach, a California
corporation
The land and other property.
The above deed of trust states that it is a construction deed of trust.
A document entitled "Absolute Assignment of Leases, Lease Guaranties, Rents, Issues and Profits"
recorded March 30, 2015 as Instrument No. 2015-0150824 of Official Records, as additional security
for the payment of the indebtedness secured by the deed of trust recorded March 30, 2015 as
Instrument No. 2015-0150823 of Official Records.
A document recorded September 22, 2015 as Instrument No. 2015-0498045 of Official Records
provides that the deed of trust or the obligation secured thereby has been modified.
A document disclosing an additional advance in the amount of $18,620,000.00, recorded September
22, 2015 as Instrument No. 2015-0498045 of Official Records.
The effect of a document entitled "Full Reconveyance", recorded September 18, 2017 as Instrument
No. 2017-0426200 of Official Records.
Note: The Company will require satisfactory proof of full payment of the debt secured by said
mortgage or deed of trust prior to removing this exception or insuring the contemplated transaction.
15. Any statutory lien for labor or materials arising by reason of a work of improvement, as disclosed by
a document recordedMarch 30, 2015 as Instrument No. 2015-0150823 of Official Records.
16. A financing statement recorded March 30, 2015 as Instrument No. 2015-0150825 of Official Records.
Debtor: Presidio Cornerstone QC, LLC
Secured party: Farmers & Merchants Bank of Long Beach
First American Title
Affects: The land and other property.
....
Order Number: NHSC-5613227 (06)
Page Number: 7
17. The terms and provisions contained in the document entitled Affordable Housing Agreement
Imposing Restrictions on Real Property recorded May 11, 2015 as Instrument No. 2015-0233607 of
Official Records.
18. Covenants, conditions, restrictions and easements in the document recorded April 17,
2015 as Instrument No. 2015-0185520 of Official Records, but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
sexual orientation, familial status, disability, handicap, national origin, genetic information, gender,
gender identity, gender expression, source of income (as defined in california Government Code§
12955 (p)) or ancestry, to the extent such covenants, conditions or restrictions violate 42 U.S.C.
§ 3604(c), or california Government Code § 12955. Lawful restrictions under state and federal law on
the age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
19. A Private easement shown or dedicated on the Map as referred to in the legal description
For: Tribal Access and incidental purposes.
20. The terms and provisions contained in the document entitled Street Maintenance Agreement
executed by and between Presidio Cornerstone QC, LLC, a Delaware Limited Liability
company and City of carlsbad recorded July 7, 2015 as 20150354041 of Official Records.
21. The terms and provisions contained in the document entitled "Agreement Regarding Development
Rights and Obligations" recorded October 27, 2016 as Instrument No. 2016-0580872 of Official
Records.
Document re-recorded August 25, 2017 as Instrument No. 2017-0390278 of Official
Records.
22. The Terms, Provisions and Easement(s) contained in the document entitled Easement and
Maintenance Agreement recorded October 27, 2016 as Instrument No. 2016-0580873 of Official
Records.
Document re-recorded August 25, 2017 as Instrument No. 2017-0390277 of Official
Records.
First American Title
Order Number: NHSC-5613227 (06)
Page Number: 8
23. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in
the document recorded December 23, 2016 as Instrument No. 2016-0706932 of Official Records,
which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage
or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual
orientation, familial status, disability, handicap, national origin, genetic information, gender, gender
identity, gender expression, source of income (as defined in California Government Code§ 12955
(p)) or ancestry, to the extent such covenants, conditions or restrictions violate 42 U.S.C. § 3604(c),
or California Government Code § 12955. Lawful restrictions under state and federal law on the age of
occupants in senior housing or housing for older persons shall not be construed as restrictions based
on familial status.
Note: You may wish to contact the homeowners association referred to in the above document for
information regarding assessments, transfer requirements or other matters.
24. The terms and provisions contained in the document entitled Restated Master Dispute Resolution
Declaration for the Preserve recorded April 5, 2017 as Instrument No. 2017-0151942 of Official
Records.
25. Water rights, claims or title to water, whether or not shown by the public records.
26. Rights of parties in possession.
Prior to the issuance of any policy of title insurance, the Company will require:
27. With respect to PRESIDIO CORNERSTONE QC, LLC, a limited liability company:
a. A copy of its operating agreement and any amendments thereto;
b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC-
1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) be recorded in the public records;
c. If it is a foreign limited liability company, that a certified copy of its application for registration
(LLC-5) be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the Company
or upon which the Company is asked to rely, that such document or instrument be executed in
accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected pursuant to
the terms of a written operating agreement, such document must be executed by at least two duly
elected or appointed officers, as follows: the chairman of the board, the president or any vice
president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in the
articles of organization and/or duly elected pursuant to the terms of a written operating agreement,
such document must be executed by at least two such managers or by one manager if the limited
liability company properly operates with the existence of only one manager.
e. Other requirements which the Company may impose following its review of the material required
herein and other information which the Company may require.
First American Title
·-
Order Number: NHSC-5613227 (06)
Page Number: 9
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
1. Taxes for proration purposes only for the fiscal year 2017-2018.
First Installment:
Second Installment:
Tax Rate Area:
APN:
$68.52, PAID
$68.52, PAID
09014
16 7-040-48-00
2. The property covered by this report is vacant land.
3. According to the public records, there has been no conveyance of the land within a period of twenty-
four months prior to the date of this report, except as follows:
None
4. It appears that a work of improvement is in progress or recently completed on the land. The
Company will require various documents and information, including but not limited to a completed
mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement, disbursement
information, executed indemnity agreement and current financial information from proposed
indemnitors, in order to determine whether mechanics' lien insurance can be issued. Other
requirements may be made following the review of such documents and information.
Arst American Title
-
Order Number: NHSC-5613227 (06)
Page Number: 10
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
LOT 6, OF THE CARLSBAD TRACT CT 11-04, IN THE CITY OF CARLSBAD, COUNlY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16038, FILED IN THE OFFICE OF THE
COUNlY RECORDER OF SAID COUNlY, JULY 10, 2015.
APN: 167-040-48-00
First American Title
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09 lHIS MAP WAS PREPARED fOR ASS£SSMENT PURPOSES ONLY. NO LIABILITY IS
ASSUMED fOR lHE ACCURACY or THE DATA SHOWN. ASSESSOR'S PARCELS NAY NOT COMPLY WlTH LOCAL SUBDIVISION OR BUILDING ORDINANCES.
OCEANSIDE UN
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SHT 1 QUARRY CREEK MAP 823-RHO AGUA HEDIONDA STATE HWY MAP 61,68
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NOllCE
Order Number: NHSC-5613227 (06)
Page Number: 12
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-
escrow capacity, wait a specified number of days after depositing funds, before recording any documents in
connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer
to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be
disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more,
please use wire transfer, cashier's checks, or certified checks whenever possible.
First American Title
-
EXHIBIT A
Order Number: NHSC-5613227 (06)
Page Number: 13
UST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POUCY TYPE}
CL TA STANDARD COVERAGE POLICY -1990
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 which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice
of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but 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; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability
or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the
land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by
the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors'
rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by
the records of such agency or by the public, records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
Arst American Title
Order Number: NHSC-5613227 (06)
Page Number: 14
CL TA/ ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion
does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
Your Deductible Amount
1 % of Policy Amount Shown in Schedule A or $2,500
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $2,500
(whichever is less)
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
Our Maximum Dollar Limit of Liability
$10,000
$25,000
$25,000
$5,000
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;
First American Title
(iii) the subdivision of land; or
(iv) environmental protection;
Order Number: NHSC-5613227 (06)
Page Number: 15
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business
laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the
lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy
and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under
Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
[Except as provided in Schedule B -Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs,
attorneys' fees or expenses, that arise by reason of:
[PART I
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. 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 and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or
title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss
or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:]
2006 AL TA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting,
or relating to
First American Title
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(i) the occupancy, use, or enjoyment of the Land;
Order Number: NHSC-5613227 (06)
Page Number: 16
(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 l(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(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 or
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.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
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:
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. 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 and not shown by the Public Records.
S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or
title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.]
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10}
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 l(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d),
First American Title
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14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business
laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit
the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of
Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the
lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
First American Title
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~ I First American Title
Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such
information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as
information obtained from a public record or from another person or entity. Fim American has also adopted broader guidelines that govern our use of personal information regardless of its source.
Fim American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties
except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinltely, including the period
after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty
insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial
institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Conf'Hlentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and
entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and Fim American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe It is important you know how we treat the information about you we receive on the Internet.
In general, you can visit Fim American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the
domain names, not the e-mail addresses, of visitors. This Information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First
American uses this information to measure the use of our site and to develop Ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of
collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific
account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outiined above.
Business Relationships
Fim American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site
can send to your browser, which may then store the cookie on your hard drive.
FirstAm com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and
productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record
and emphasize Its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information.
When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer
can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on
our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner.
Security We will maintain appropriate facillties and systems to protect against unauthorized access to and corruption of the data we maintain.
Form SO-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)