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2010-10596 ILine: d, 8 Ao.8'74S September 21, 2011 James Wing, Trustee Aaron Brunswick California Trust UTD 4/17/90 701 Brickell Avenue, Ste. 3000 Miami, FL 33131 (305) 789 -7768 0& Re: Permit issuance requirements for: Application 10596 -1 Case # 07 -060 TPM 1050 Eolus Ave. 254 - 391 -28, 29, 30, 44 This letter summarizes the requirements for pulling your Engineering Permit for drawing 10596 -1. Your approved plan will remain valid for six months. If the permit is not issued within six months from the date of approval of the drawings, the plans will be subject to review by City staff for compliance with current codes and regulations before a permit can be issued, and changes to the approved plans as well as additional fees may be required. Additionally, work covered by an Engineering permit shall commence within 90 days of the permit issuance or the permit shall become invalid. Engineering permits expire following 90 days of inactivity on the work covered by the permit. Please read through this letter carefully and contact the City with any questions you may have. It contains information about many requirements that may apply to your project and can make the process clearer and easier for you. In order to obtain the permits to construct the work shown on your approved plans, you will need to satisfy the requirements below. All of the items listed below must be submitted to the Engineering front counter in one complete package at the time the applicant comes in to pull the permit. Partial submittals of any kind will not be accepted. Your project planchecker will not accept any of the documents listed on behalf of the Engineering front counter staff: all items must be submitted to the front counter directly together and at one time. The correct number of each of the requested documents must be provided, copies of documents submitted to the City during plancheck do not reduce the necessary quantities listed below. (1) Provide 4 print sets of the approved drawing 10596 -1 Provide 2 copies of an approved Traffic Control Plan (2) Post Security Deposits to guarantee all of the work shown on your approved drawings. The amounts of security deposits are determined directly from the Approved Engineer's Cost Estimate generated by your engineer according to a set of predetermined unit prices for each kind of work shown on your plans. You will be required to post security deposit(s) as follows: (a) N/A (b) Security Deposit for Improvement Permit 10596 -I: in the amount $26.931.00 to guarantee both the performance and labor/ materials for the improvements shown on the approved improvement plan. (c) N/A (d) N/A A minimum of 20% and up to 100% of the amount listed in item(s) 2(a) must be in the form of cash, certificate of deposit, letter of credit, or an assignment of account. Up to 80% of the amount listed in item 2(a) may be in the form of auto- renewing Performance and Labor and Materials Bonds issued by a State of California licensed surety company. Up to 100% of the amount(s) listed in item(s) 2(b), 2(c), and/or 2(d) may be in the form of auto - renewing Labor and Materials bonds issued by a State of California licensed surety company. Cash, certificates of deposit, letters of credit, and assignments of account are also acceptable financial instruments. If a certificate of deposit (CD) will be obtained to secure the entire amount(s) listed in item(s) 2(a) and /or 2(b), two separate CD's for 25% and 75% of the amount(s) listed in item(s) 2(a) and/or 2(b) should be obtained in order to facilitate any future partial release of those securities. CD's posted may be of any term but must be auto - renewing and must specify the City of Encinitas as a certificate holder and include a clause that until the City of Encinitas provides a written request for release of the CD, the balance shall be available to the City upon its sole request. The format of any financial instrument is subject to City approval, may be in the owner's name only, and must list the City of Encinitas as a Certificate Holder. For any questions regarding how to post securities, bonding, or the required format of securities, please contact Debra Geishart at 760 - 633 -2779. (3) Pay non - refundable fees as listed below: Fee Type Amount Improvement Inspection 1 346.55 NPDES Inspection (Improvement) $269.31 The grading and improvement inspection fees are calculated based on 5% of first $100,000.00 of the approved Engineer's cost estimate dated October 21, 2010 and 3% of the cost estimate over $100,000.00. The NPDES inspection fee is assessed as 1% of the first $100,000.00 of the approved Engineer's cost estimate and 0.6% of the cost estimate over $100,000.00. The flood control fee is assessed at a rate of $0.21 per square foot of net new impervious surface area for driveway and parking areas as created per the approved plan. (4) Provide the name, address, telephone number, state license number, and license type of the construction contractor. The construction of any improvements within the public right -of -way or public easements is restricted to qualified contractors possessing the required state license as listed in the table below. The contractor must also have on file with the City current evidence of one million dollar liability insurance listing the City of Encinitas as co- insured. Additional requirements are described in the handout "Requirements for Proof of Insurance" available at the Engineering front counter. Type Description Work to be Done A General Engineering any & all C -8 Concrete a ron /curb! utter /ram isidewalk C -10 Electrical lighting/signals C -12 Grading & Paving any surface, certain drain - basinsichannels C -27 Landscaping lantinglirrigation /fencing &other (5) Permits are valid for no more than one year from the date of issuance and may expire earlier due to expirations of letter of credit and /or insurance policies. (6) This project does not propose land disturbance in excess of one acre and is exempt from the State Storm Water Pollution Prevention Plan (SWPPP) requirement. An erosion control plan shall be implemented per the approved grading plan. Preconstruction Meeting: A preconstruction meeting at the project site is mandatory for all projects. The preconstruction meeting may not be scheduled until the Engineering permit(s) have been issued, and the applicant/contractor must give the assigned Engineering inspector a minimum of 48 hours advance notice prior to the scheduled meeting time. Right -of -Way Construction Permit: A separate right -of -way construction permit will be required for any work in the public right -of -way or public easements. Typically, this work may include construction or reconstruction of a portion of the driveway within the public right -of -way, excavation, backfill, and resurfacing to install electric, gas, telephone, and cable television lines, or water and sewer connections. A permit fee of $300.00 per application and a site plan, preferably the work order issued by the public utility, will be required. Contractor license and insurance requirements apply. Permits must be issued at least 48 hours in advance of the start of work. Haul Routes, Traffic Control Plans, and Transportation Permits: These separate permits may be required for your project and are handled by the Traffic Engineering Division. A fee of $250.00 is required for traffic control plans. For more details, contact Raymond Guarnes, Engineering Technician, at (760) 633 -2704. Release of Project Securities: project inspector. The processing and release of securities may take up to 4 weeks after the release process is initiated by the project Engineering inspector. Any cash releases will be mailed to the address on this letter unless the City is otherwise notified, and all letters mailed to a financial institution will be copied to the owner listed hereon. Satisfactory completion of Final Inspection certified by the project Engineering inspector is a prerequisite to full release of the Security Deposit assigned to any Grading Permit. A sum in the amount of 25% of the securities posted for improvement permits will be held for a one -year warranty period, and a release is automatically initiated at the end of that warranty period. Construction Changes: Construction changes prepared by the Engineer of Work will be required for all changes to the approved plans. Requests for construction change approval should be submitted to the Engineering Services Department front counter as redlined mark -ups on 2 blueline prints of the approved Drawing. Changes are subject to approval prior to field implementation. Substantial increases in valuation due to the proposed changes may be cause for assessment and collection of additional inspection fees and security deposits. Construction change fees of $200.00 and $350.00 will be assessed for minor and major construction changes, respectively. Construction changes necessitating a new plan sheet will be assessed the per -sheet plancheck and NPDES plancheck fees in lieu of the construction change fee. Construction changes not previously approved and submitted as as -built drawings at the end of the construction process will be rejected and the securities release will be delayed. Change of Ownership: If a change of ownership occurs following approval of the drawing(s), the new owner will be required to submit to the City a construction change revising the title sheet of the plan to reflect the new ownership. The construction change shall be submitted to the Engineering front counter amenities C -29 Masonry retaining walls C -32 Parking &Highway Improvement signagelstripinglsafety C -34 Pipeline sanitary sewerlstorm drain (5) Permits are valid for no more than one year from the date of issuance and may expire earlier due to expirations of letter of credit and /or insurance policies. (6) This project does not propose land disturbance in excess of one acre and is exempt from the State Storm Water Pollution Prevention Plan (SWPPP) requirement. An erosion control plan shall be implemented per the approved grading plan. Preconstruction Meeting: A preconstruction meeting at the project site is mandatory for all projects. The preconstruction meeting may not be scheduled until the Engineering permit(s) have been issued, and the applicant/contractor must give the assigned Engineering inspector a minimum of 48 hours advance notice prior to the scheduled meeting time. Right -of -Way Construction Permit: A separate right -of -way construction permit will be required for any work in the public right -of -way or public easements. Typically, this work may include construction or reconstruction of a portion of the driveway within the public right -of -way, excavation, backfill, and resurfacing to install electric, gas, telephone, and cable television lines, or water and sewer connections. A permit fee of $300.00 per application and a site plan, preferably the work order issued by the public utility, will be required. Contractor license and insurance requirements apply. Permits must be issued at least 48 hours in advance of the start of work. Haul Routes, Traffic Control Plans, and Transportation Permits: These separate permits may be required for your project and are handled by the Traffic Engineering Division. A fee of $250.00 is required for traffic control plans. For more details, contact Raymond Guarnes, Engineering Technician, at (760) 633 -2704. Release of Project Securities: project inspector. The processing and release of securities may take up to 4 weeks after the release process is initiated by the project Engineering inspector. Any cash releases will be mailed to the address on this letter unless the City is otherwise notified, and all letters mailed to a financial institution will be copied to the owner listed hereon. Satisfactory completion of Final Inspection certified by the project Engineering inspector is a prerequisite to full release of the Security Deposit assigned to any Grading Permit. A sum in the amount of 25% of the securities posted for improvement permits will be held for a one -year warranty period, and a release is automatically initiated at the end of that warranty period. Construction Changes: Construction changes prepared by the Engineer of Work will be required for all changes to the approved plans. Requests for construction change approval should be submitted to the Engineering Services Department front counter as redlined mark -ups on 2 blueline prints of the approved Drawing. Changes are subject to approval prior to field implementation. Substantial increases in valuation due to the proposed changes may be cause for assessment and collection of additional inspection fees and security deposits. Construction change fees of $200.00 and $350.00 will be assessed for minor and major construction changes, respectively. Construction changes necessitating a new plan sheet will be assessed the per -sheet plancheck and NPDES plancheck fees in lieu of the construction change fee. Construction changes not previously approved and submitted as as -built drawings at the end of the construction process will be rejected and the securities release will be delayed. Change of Ownership: If a change of ownership occurs following approval of the drawing(s), the new owner will be required to submit to the City a construction change revising the title sheet of the plan to reflect the new ownership. The construction change shall be submitted to the Engineering front counter as redline mark -ups on two blueline prints of the approved drawing together with two copies of the grant deed or title report reflecting the new ownership. Construction change fees apply. The current owner will be required to post new securities to replace those held by the City under the name of the former owner, and the securities posted by the former owner will be released when the replacement securities have been received and approved by the City. Change of Engineer of Work: If a change in engineer of work occurs following the approval of the drawing(s), a construction change shall be submitted for review and approval by the Engineering Department. Two copies of the forms for the assumption of responsibility by the new engineer and the release of responsibility by the former engineer shall be completed and submitted to the City. Construction change fees apply. As- builts: Project as -built drawings prepared by the Engineer of Work will be required prior to Final Grading acceptance by Engineering Services. Changes to the approved plans require a construction change to be submitted to the City prior to field implementation. Construction changes may not be submitted as as- builts at the end of the construction process. This letter does not change owner or successor -in- interest obligations. -If there should be a substantial delay in the start of your project or a change of ownership, please contact the City to request an update. Should you have questions regarding the posting of securities, please contact Debra Geishart, who processes all Engineering securities, at (760) 633 -2779. Should you have any other questions, please contact me at (760) 633 -2867 or visit the Engineering Counter at the Civic Center to speak with an Engineering Technician. Sincerely, Steven Nowak, PE Associate Civil Engineer cc Sowards and Brown, Engineer of Work Debbie Geishart, Engineering Technician Greg Shields, Senior Civil Engineer Masih Maher, Senior Civil Engineer permit/file Enc Application Requirements for Proof of Insurance Security Obligation Information DOC # 2011-0428649 111111111111 IIIII IIIII IIIII IIIII III I IIIII I III III I I III III I Ilil IIII M AUG 19, 2011 3:24 PM Recording Requested by: ) SAN DIEGO COUNTY RECORDER'S OFFICE Leucadia Wastewater District ) Ernes tJ . Drone nburq,Jr.. COUNTY RECORDER nrj ) FEES: 10.00 �� ^^ When Recorded, Mail to ) DC: NA Ci District Engineer ) PAGES: 5 Leucadia Wastewater 1960 La Costa AvenuDistriet I Mill Hill Hill Hill Hill IIIII Hill Hill Hill Hill Hill Hill Hill Hill Hill 1111111 Carlsbad, CA 92009 ) SPACE Attu V r. PuK ttr t O&unrta uwc vtvr, r For the benefits of the District 495 Assessor's Parcel No. 254- 391 -44 GRANT OF EXCLUSIVE SEWER EASEMENT LW D Location Code 3252 -805 Documentary Transfer Tax $_0_(Easement) David J. Berardo, successor trustee of the Aaron Brunswick California Asset trust dated 4/17/1990, its successors and assigns, ( "GRANTOR ") hereby grants to the LEUCADIA WASTEWATER DISTRICT, a governmental entity and its successors and assigns; ( "GRANTEE "), a perpetual exclusive easement and right - of -way upon, in, across, over, and under the lands described below, to erect, install, construct, repair, replace, and maintain sewer pipelines and/or mains, manholes, sewer lateral pipelines, and all structures and appurtenances incidental thereto, (hereinafter "facilities "), above and below ground, at such locations within the easement as GRANTEE may from time to time determine. Said easement is located in the City of Encinitas, County of San Diego, State of California, and is more particularly described on Exhibits A and B attached hereto and incorporated herein by this reference. GRANTOR grants the right of ingress and egress to GRANTEE to and from said easement by reasonable routes to carry out the purposes of this easement, together with the right to use the easement for GRANTEE's access to adjacent property. GRANTOR reserves to itself, and its successors and assigns, the right of ingress and egress across the easement surface at all times except during construction, repair, or maintenance of the facilities. GRANTOR additionally reserves to itself, and its successors and assigns the right to erect and maintain fencing and gates within or to the easement as long as the fencing does not unreasonably interfere with GRANTEE's use and maintenance of its facilities and provided GRANTEE is given a key to gates that are locked. GRANTOR shall not alter the easement grade or obstruct the surface area. GRANTOR shall not plant any landscaping (including trees), or construct any structures or improvements (including paving) within the easement without the prior written consent of GRANTEE. GRANTOR will be responsible for all such landscaping or improvements (including paving) consented to by GRANTEE within the easement, and GRANTEE will not be liable for any damage thereto. Appendix A Exclusive Sewer Easement Page 1 of 3 Notwithstanding any consent granted by GRANTEE, GRANTEE shall have the right to alter, trim and/or remove landscaping or other improvements within the easement, including paving, as GRANTEE deems necessary for maintenance or repair purposes to otherwise exercise its rights under this easement, and GRANTOR waives any right to compensation for the alteration or removal of such improvements. For routine construction, repair, and maintenance of GRANTEE's facilities within the easement, GRANTEE shall provide GRANTOR 48 -hours notice in writing or by telephone prior to initiating work. GRANTEE shall not be obligated to provide GRANTOR with notice in the event of an emergency involving GRANTEE's facilities where the emergency precludes, as a practical matter, the giving of prior notice. The easement conveyed by this grant is exclusive. Additional easements or rights -of -way across the easement are not permitted. All terms and conditions of this easement shall be binding upon the parties, their successors and assigns. The benefits and burdens herein are intended, and shall, run with the land. In the event of litigation to interpret or enforce the terms and provisions of this easement, the prevailing party shall be entitled to recover reasonable attorney fees, expert fees, including engineering fees, and investigative fees, in addition to costs. This easement represents the entire agreement between the parties and shall not be modified except by a written instrument signed by the patties and recorded. GRANTOR expressly warrants and represents that it has the power to grant this easement in accordance with its terms. a. i IN PFNESS WHEREOF, GRANTOR executed on this ,(1 L /day of 20jl_ at (GRANT R) David J. Berardo, �o litity and State) STATE OF CALIFORNIA COUNTY OF 1A On / /�� before me Stfpka- f,e C } it Lc� FSaC �u$u� (Insert name and title f the officer) personally appearedo /. -IPT P/r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheJthey executed the same in his/her /their authorized capacity(ies), and that by his/her /their Appendix A Exclusive Sewer Easement Page 2 of 3 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal: 1C''R sss31 euc•cu�owiu j1AR ANOELESCOUMTY 0 Signature of Notary Public µMS JULY 14.20 111 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Deed or Grant dated 8/16/11 from David J. Berardo to Leucadia Wastewater District, a political corporation and/or governmental agency, is hereby accepted by order of the Board of Directors of Leucadia Wastewater District on N/A (or by the undersigned officer or agent on behalf of the Board of Directors of Leucadia Wastewater District pursuant to authority conferred by Resolution No. 410 of the Board of Directors of Leucadia Wastewater District adopted on December 14, 1972), and the Grantee consents to recordation thereof by its duly authorized officer. DATED: 8/16/11 SECRET -MANA R LEUCADIA WASTEWATER DISTRICT Appendix A Exclusive Sewer Easement Page 3 of 3 EXHIBIT'A' LEGAL DESCRIPTION FOR PUBLIC SEWER EASEMENT (APN: 254 -391 -44) 04 -131 11/15/10 THAT PORTION OF THE REMAINDER PARCEL OF PARCEL MAP NO. 17730, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 23, 1996, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1. NORTH 15 003'51" WEST 150.00 FEET 2. NORTH 74 056'09" EAST 10.00 FEET, 1 SOUTH 15 003'51" EAST 20.00 FEET; 4. SOUTH 74 056'09" WEST 10.00 FEET 5. NORTH 15 003'51" WEST 20.00 FEET CONTAINS 200 SQUARE FEET. MORE OR LESS. TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE THENCE THENCE TO THE WESTERLY LINE OF SAID PARCEL, THENCE ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING. a a a EXHIBI T "B" PLAT FOR PUBLIC SEWER EASEMENT N74 55'57 "E 299.95' I I I T. P.O. B. 47456'091E 10.00' I N15113'51 'W 20.00' N 3 PROPOSED SEWER EASEMENT N74-56'09 'E 10.00' z I v �Cl�> qC)��C) I 01 I2 ro Ir< IN to Ip Iz APN: 254 - 391 -44 1050 EOL US AVENUE o, I N745545 "E 234.07 I I° VANO s n Z � o J No. 6 a 12 xp. /30/12 P.0.8. -- - -� JI9 �P N745545 "E 65.96' OF ml� JOB No.: 04 -131 11115110 SOWARDS & BROWN ENGINEERING� CONSlA�MO ENOINHN9 31� MENSaBRE /�YENUE BVrtE 1Ri c.�nars ev 1Ne aEw u. oxmr re� �eoioe enoo SOWARDS ArjL BROWN ENGINEERING 10/21/10 04131 DESCRIPTION CITY OF ENCINITAS ENGINEER'S ESTIMATE FOR HYMETTUS AVENUE SEWER EXTENSION QUANTITY UNIT UNIT COST TOTAL Trench Shoring (5' -10') 200 LF 11.20 2,240 Trench Shoring (11' -15') 70 LF 17.40 1,218 Trench Shoring (Greater than 15') 115 LF 25.00 2,875 Trench Resurfacing 320 LF 25.00 8,000 Traffic Control 4 DAY 1000.00 4,000 Trench Plating 4100 SF 1.50 6.150 oc� tiT vt � V j 04131 se"rext es7. x1s Subtotal $ 24,483 10% contingency $ 2,448 TOTAL ENGINEER'S ESTIMATE $ 26,931 9 �J6i 90 r^, 6190112 f� CMS CkL1F / �OF �0 2187 NEWCASTLE AVENUE • SUITE 103 • CARDIFF BY THE SEA, CA 92007 (760) 436 -8500 • FAX (760) 436 -8603 SOWAROS Ami BROWN ENGINEERING CITY OF ENCINITAS ENGINEER'S ESTIMATE FOR HYMETTUS AVENUE SEWER EXTENSION DESCRIPTION 8" Sewer Main 6' deep 8' deep 10' deep 12'deep 16' deep 20' deep SMH (4') PER LWD S -3 SMH (5) PER LWD S-4 (22' DP) Sewer Lateral Connect to Existing Stub Trench Shoring (5-10') Trench Shoring (11' -15') Trench Shoring (Greater than 15') Trench Resurfacing 04131. sewerext. est. xls QUANTITY UNIT UNIT COST TOTAL 140 LF 115.00 16,100 45 LF 121.00 5,445 30 LF 125.00 3,750 55 SF 144.00 7,920 40 SF 181.00 7,240 60 SF 236.00 14,160 2 EA 3175.00 6,350 1 EA 7000.00 7,000 3 EA 1000.00 3,000 1 EA 750.00 750 200 LF 11.20 2,240 70 EA 17.40 1,218 115 EA 25.00 2,875 320 LF 25.00 8,000 Subtotal $ 86,048 10% contingency $ 8,605 TOTAL ENGINEER'S ESTIMATE $ 94,653 Or CP�tF� ii 2187 NEWCASTLE AVENUE • SUITE 103 • CARDIFF BY THE SEA, CA 92007 (760) 436 -8500 • FAX (760) 436 -8603 3 CONSTRUCTION SKETCH N 111' APM, 254-391-33 EXISTING EASEMENT FOR ROAD PURPOSES a 95 RECORDED OCTOBER 10, 1969 AS FILE 154.4 NO. 1960 - 186371 OF OFFICIAL RECORDS AND PUBLIC U7ILITY EASEMENT RECORDED DECEA48ER 10, 1969 nLE NO. 1969 - 224626. PROPOSED 8' SEWER MAIN aI N 476'30,, "E 100.00' o S S o N I 149531C PROPOSED 4" SEWER LATERAL DRIVE WAY 149.1 t 114z 1+f LEGEND PROPOSED SEWER �. DESCRIPPON SYMBOL i EASEMENT I4ae1 I NEDNG SEWER 3 L GARAGE ,M EXISTING SEEPAGE PIT • TO BE BACKFRLED WITH r 15452 I I v NATURAL MATERIAL 21 I y EXISTING SEPTIC TANK ■ MAIN RESIDENCE I TO BE PUMPED AND BACKFlLLEO WITH NATURAL MATERIAL I I 1 1 so' APN. 254 -391 -30 APIV,, 264-391--P8 1047 HYMETTUS AVENUE i (ROGERS) S7476 30 'W 100.00' �L JUL 2 9 2010 OF EV In " "' X6 No.: 04 -131 7122110 SOWARDS & BROWN ENGINEERING eor+euurwo a+ar+eae a191 Hewcwme wveHUe Mum,. cwnan errs ee.� u. wao� ru. �av +raeao rwx +eoi�as..asm CONSTRUCTION SKETCH APN: 254 - 391 -31 EXISTING EASEMENT FOR ROAD PURPOSES RECORDED OCTOBER 10, 1969 4S FILE NO. 1960- 186311 OF OFFICIAL RECORDS AND PUBLIC UALITY EASEMENT FILE NO. 1969- 224626 AND 1969 - 214630 BOTH REC DED DECEMBER 10, 1 ? FPS N74163Q"E� RO SED 8' SEWER MAIN S S 14278K S .. I — r - _ - - �1u. % I %D, RICK VEWAY 111 PROPOSED SEWER 145.0; EASEMENT PROPOSED 4" SEWER LATERAL I 1 g �I 31 �I M v zl I AFN. 25 4- 391-30 EXISTING SEWER CLEANOUT MAIN RESIDENCE APN: 254 - 391 -28 1065 HYMETTUS AVENUE (BRUINZEEL) S74'16'30"W 100.00' 0 N'11 ti 1 LEGEND DESCRIPTION SYMBOL I I EXISTING SEWER LINE 8 EXISTING SEEPAGE PIT • TO BE BACKFILLED WITH 1 W NATURAL MATERIAL EXISTING SEPTIC TANK ■ TO BE PUMPED AND H BACKFILLED WITH I NATURAL MATERIAL APN: 25- 4- 391 -29 JOB No.: 04 -131 7121110 SOWARDS & BROWN ENGINEERING eoaav�rwn vaaneena a +a> nawcws>uE wvenue ewrc ,w cwww� sv TMa sew. cw.. aam> xu >espse.aeao �wr >aouaaami CONSTRUCTION SKETCH /V EXISTING EASEMENT FOR ROAD PURPOSES RECORDED OCTOBER 10, 1969 AS FILE N0. 1960 - 186371 OF OFFICIAL RECORDS AND PUBLIC UTILITY EASEMENT RECORDED DECEMBER 10, 1969 FILE NO. 1996- 124626 AND N0. 224630. AM 254- 391 -31 PROPOSED APIY> 251- 391 -32 - 1.5/ DIA. AVOCADO TREE SEWER M� 0 E EXISTING UTILITIES TO REMAIN / CA TV AND TELEPHONE PORTION OF EXISTING WOOD FENCE TO BE REMOVED AND REPLACED 8" SEWER ,MAIN BRICK DRIV�WAY PROPOSED SEWER I EASEMENT I 0 �I 31 �I z� I APIU: 254-3391-2-6 I 0 E 100.00'1 �- - .� -4t iIAWAY / 1.5/ DIA. AVOCADO TREE PROPOSED 4" - SEWER LATERAL 1450 F; 44.4242 JI CONC. \ i / RE5 \OENGE �,P\N APN. 254 - 391 -29 067 NYMETTUS AVENUE (WOOTEN) N7476 i0 "f 100.00' S Lo t'3 o I Vi PORTION OF POOL SHED TO BE REMOVED AND REBUILT POOL HEATER AND PUMPS 154 TO BE RELOCATED LEGEND DESCRIPTION SYMBOL EXISTING SEWER - - - - LINE EXISTING SEEPAGE PIT • TO BE BACKFILLED WITH NATURAL MATERIAL EXISTING SEPTIC TANK ■ TO BE PUMPED AND BACKFILLED WITH NATURAL MATERIAL APIv: 254-391-44 JOB No.: 04 -131 7121110 SOWARDS & BROWN ENGINEERING co ULT NQ uiomlfRs ]/B>Hewch //V UE SUR .m CARdR {V TH! !!A G, Y1pp1 T!L TGp�tYJ000 •�VI1M /4NM�t EXHIBIT'A' LEGAL DESCRIPTION FOR PUBLIC SEWER EASEMENT THAT PORTION OF LOT 2 IN BLOCK 'E' OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 29, 1924, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHERLY 150.00 FEET OF THE WESTERLY 100.00 FEET OF SAID LOT 2, ALSO BEING THE LAND DESCRIBED IN DOCUMENT NO. 1994 - 0702226 RECORDED DECEMBER 7, 1994 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHERLY 150.00 FEET 1. NORTH 74 016'30" EAST 100.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID WESTERLY 100.00 FEET, THENCE ALONG SAID EASTERLY LINE 2 SOUTH 150 43'30" EAST 20.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 15.00 FEET SOUTH OF THE NORTHERLY LINE OF SAID SOUTHERLY 150.00 FEET; THENCE ALONG SAID PARALLEL LINE 3. SOUTH 74016'30" WEST 100.00 FEET 4. NORTH 15 °43'30" WEST 20.00 FEET CONTAINS 2000 SQUARE FEET, MORE OR LESS. TO THE WESTERLY LINE OF SAID LOT 2, THENCE ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. L Q 0 F� "oa Q EXHIBI T "B" PLAT FOR PUBLIC SEWER EASEMENT 0 /V EXISTING EASEMENT FOR ROAD PURPOSES RECORDED OCTOBER 10, 1969 AS FILE NO. 1960- 186371 OF OFFICIAL RECORDS AND PUBLIC UTILITY EASEMENT RECORDED DECEMBER 10, 1969 FILE NO. 1969 - 214626. PRI VA TE STREET _ N7416'30 E 100.00' _ N N7476 '30 "E 100.00' I I I PROPOSED SEWER 21 EASEMENT gN I NI N I I o� I �� LQ Lo Z a l 4, I II APN: 254 - 391 -30 I 1047 NYMETTUS AVENUE 57476'30 "W 100.00' F L h a a I °p I� W M la Iy JOB No.: 04 -131 7122110 SOWARDS 6 BROWN ENGINEERING eo« UL o ewwe a.» wewoweruE wvo«,e curre .m unw� ry r„e eu. u.. aawr rem �awwiaeeao "w" �aa,.ae -esw .......... r.......:. a:..... r.• wwwawwaaaawawaaaauaaw •wwaawaaw.....a •aaaw wwwwaa• Design Plus Software /A.C.E.S. 537 - 6166(800) JOB NAME... BRUNSWICK EOLOS AVENUE JOB CODE ... 0092 -150 DATE:07 -26 -2010 TIME:10:13:09 LOTS----------------------------------- ---------- - - - - -- -207 ...•a uwww...w. «a..a•wu wawaaawaaawaaaaa•: awu• w ♦ waaaw.....aa..wawu •wwwaaaw... LOT # /NAME.. ...SWR RAS -30 COURSE M BEARING AZIMUTH DISTANCE CORNER NOS. 1 N 74/16/30 E 74/16/30 100.00 153 - -- 152 2 S 15/43/30 E 164/16/30 20.00 152 - -- 161 3 S 74/16/30 W 254/16/30 100.00 161 - -- 160 4 N 15/43/30 W 344/16/30 20.00 160 - -- 153 AREA.... 2000 SQ.FT. AREA...... .046 ACRES PERIMETER.... 240.00 FEET LINES /CHORDS ROUNDED TO NEAREST SECOND FOR BRNG. NEAREST HUNDREDTH FOR DIST. CLOSING ERROR ... BRNG /AZ /DIST. S 78/41/24 W 258/41/24 0 RELATIVE ERROR OF CLOSURE ...................... 1 IN 1.059874263755601Da17 ...aw awwwwawaaaaawwwrwwwawaaaas wwawwwwu w. eawaea awaaawwwwwww uarwawu waaa••www• - 1 04 -131 10/21/10 EXHIBIT'A' LEGAL DESCRIPTION FOR PUBLIC SEWER EASEMENT THAT PORTION OF THE REMAINDER PARCEL OF PARCEL MAP NO. 17730, IN THE CITY OF ENCINITAS. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 23, 1996, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL, THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1 NORTH 15 °03'51" WEST 150.00 FEET 2 NORTH 74 056'09" EAST 10.00 FEET, 3 SOUTH 15 003'51" EAST 20.00 FEET; 4, SOUTH 74 056'09" WEST 10.00 FEET 5 NORTH 15 °03'51" WEST 20.00 FEET CONTAINS 200 SQUARE FEET, MORE OR LESS. TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID WESTERLY LINE THENCE THENCE TO THE WESTERLY LINE OF SAID PARCEL; THENCE ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING r F 'a 3 a EXHIBI T "B" PLAT FOR PUBLIC SEWER EASEMENT N7455 '57 E 299.95' I I I TRO.B.— I ,_N7456'09 "E 10.00' N15 03 51 "W 20.00' 3 PROPOSED SEWER EASEMENT p I N74 56'09 "E 10.00' z I o� of I I N74 55'45'E APN 1050 0 N 254 - 391 -44 EOLUS AVENUE N74 55'45 "E 234.00' 0 IN 3 Ip Iz 65.96' I� IN 3 0 .Q Iz JOB No.: 04 -131 10121110 SOWARDS & BROWN ENGINEERING CONWLtNA IMOINEO.e T!f NiWQMTH I.KNVE BU1R 1 W owwrr w lNE EEA aw. mm� �•m+eo-eem rnx .aa.asesos ......•........ w. u....• u.......•♦ wu.:.. wu.• ..w..0 ........................• Design Plus Software /A.C.B.S. 537- 616618007 JOB NAME... BRUNSWICK BOLUS AVENUE JOB CODE ... 0092 -150 DATE:10 -22 -2010 TIME:14:38:30 LOTS----------------------------------------- ______----- 207 ...................... w.• ... w.. w.w.... ww.... a. ..........w.w.......wu. ....... .• LOT 4 /NAME...., SWR EAS -44 COURSE M BEARING AZIMUTH DISTANCE CORNER NOS. 1 N 74/56/09.0 E 74/56/09.0 10.000 150 - -- 135 _______________________________________________________________________________ 2 S 15/03/51.0 B 164/56/09.0 20.000 135 - -- 136 _______________________________________________________________________________ 3 S 74/56/09.0 W 254/56/09.0 10.000 136 - -- 137 ---------- _------------------------------------------------------ _------------- 4 N 15/03/51.0 W 344/56/09.0 20.000 137 - -- 150 _______________________________________________________________________________ AREA.... 200 SQ.FT. AREA.... . .005 ACRES PERIMETER.... 60.000 FEET ...... ..... ....... * ........................... .. u................. ............ OCHICAGO TITLE COMPANY AARON BRUNSWICK AARON BRUNSWICK 2220 AVENUE OF THE STARS #804 WEST LOS ANGELES, CALIFORNIA 90067 SECOND AMENDED Reference: EOLUS AVE CALIFORNIA PRELIMINARY REPORT Dated as of: October 13, 2010 at 7:30 AM Order No. 53041190 - U50 In response to the application f or a policy of title insurance referenced herein, Chicago Title Insurance Company hereby reports that rt is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describingq the land and the estate or interest therein hereinafter set forth, insuring agqainst loss which may be sustained by reason ofany defect, lien or encumbrance not shown or referred to as an excepbongterein or not excluded from coverage P u rsu ant to the printed Schedules. Conditions and Stipulations or Conditions 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 Attachment One. 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 CLTA 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 Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. 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. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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. The form of Policy or Policies of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Visit Us On The Web: ChicagoTitle.com Title Department: CHICAGO TITLE COMPANY 2365 NORTHSIDE DR. #500 SAN DIEGO, CA 92108 (619)521 -3500 Fax Tom Votel /Ken Cyr Title Officer PRLFPS 06/25/07M (619)521 -3608 O SCHEDULE A Order No: 53041190 U50 Your Ref: EOLUS AVE I. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: AARON BRUNSWICK, TRUSTEE OF THE AARON BRUNSWICK CALIFORNIA ASSET TRUST UTD 4/17/90 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: PARCEL 1 AND REMAINDER PARCEL OF PARCEL MAP NO. 17730, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 23, 1996. SCHEDULE B Page I Order No: 53041190 U50 Your Ref: EOLUS AVE At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2010 -2011. 1ST INSTALLMENT: $4,789.18 PENALTY: $478.91 (DUE AFTER DECEMBER 10) 2ND INSTALLMENT: $4,789.18 PENALTY AND COST: $488.91 (DUE AFTER APRIL 10) HOMEOWNERS EXEMPTION: NONE CODE AREA: 19078 ASSESSMENT NO: 254- 391 -43 AFFECTS: A PORTION OF THE LAND DESCRIBED HEREIN. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2010 -2011. 1ST INSTALLMENT: $2,168.84 PENALTY: $216.88 (DUE AFTER DECEMBER 10) 2ND INSTALLMENT: $2,168.84 PENALTY AND COST: $226.88 (DUE AFTER APRIL 10) HOMEOWNERS EXEMPTION: NONE CODE AREA: 19078 ASSESSMENT NO: 254- 391 -44 AFFECTS: A PORTION OF THE LAND DESCRIBED HEREIN. B 2. SAID PROPERTY HAS BEEN DECLARED TAX - DEFAULTED FOR NON- PAYMENT OF DELINQUENT TAXES FOR FISCAL YEAR 2009 -2010 (AND SUBSEQUENT YEARS, IF ANY) AMOUNT TO REDEEM: $16,227.50 IF PAID BY: OCTOBER 31, 2010 C 3. 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. D 4. THE RECITAL CONTAINED IN THE OWNER'S CERTIFICATE ON SAID MAP, WHICH AGREES TO ALLOW THE CROSS -ARMS OF POLES OR OTHER SIMILAR STRUCTURES PLACED ALONG THE RIGHT OF WAY OF CERTAIN HIGHWAYS ON SAID MAP TO OVERHANG THE ABUTTING PROPERTY. E 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS PREB 40A1197Ek SCHEDULE B Page 2 (continued) Order No: 53041190 U50 Your Ref: EOLUS AVE SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: APRIL 15, 1926 IN BOOK 1117, PAGE 59 OF DEEDS AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. F 6. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING ANY COVENANT OR RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN) AS SET FORTH IN THE DOCUMENT RECORDED: DECEMBER 24, 1929 IN BOOK 1704, PAGE 471 OF DEEDS G SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. H 7. A DEED OF TRUST TO SECURE PERFORMANCE UNDER AN AGREEMENT REFERRED TO THEREIN DATED: MARCH 31, 1983 TRUSTOR: AARON BRUNSWICK, a single man; AND TADAO ITO AND KUZUKO ITO, husband and wife, EACH AS TO AN UNDIVIDED ONE -HALF INTEREST TRUSTEE: STEWART TITLE COMPANY OF SAN DIEGO, A California Corporation BENEFICIARY: SAN DIEGUITO UNION HIGH SCHOOL DISTRICT RECORDED: JULY 6, 1983 AS FILE NO. 83- 229408, OFFICIAL RECORDS 8. A LIEN SECURING PERFORMANCE OF A CONTRACT FOR IMPROVEMENTS IN THE PUBLIC RIGHT OF WAY, AS AGREED TO IN A DOCUMENT: DATED: MARCH 18, 1996 EXECUTED BY: AARON BRUNSWICK, TRUSTEE OF THE AARON BRUNSWICK CALIFORNIA ASSET TRUST CREATED ON APRIL 17, 1990 IN FAVOR OF: THE CITY OF SAN DIEGO RECORDED: APRIL 23, 1996 AS FILE NO. 1996- 0199909 OF OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 9. A COVENANT AND AGREEMENT UPON AND SUBJECT TO THE TERMS AND CONDITIONS THEREIN EXECUTED BY: AARON BRUNSWICK, TRUSTEE OF THE AARON BRUNSWICK CALIFORNIA ASSET TRUST CREATED ON APRIL 17, 1990 IN FAVOR OF: THE CITY OF ENCINITAS Page 3 SCHEDULE B (continued) Order No: 53041190 U50 Your Ref: EOLUS AVE RECORDED: APRIL 23, 1996 AS FILE N0 1996- 0199911 OF OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. K SAID DOCUMENT RECITES IN PART AS FOLLOWS: "NO BUILDING PERMIT SHALL BE ISSUED BY THE CITY OF ENCINITAS FOR THE REMAINDER PARCEL UNTIL IT IS FURTHER SUBDIVIDED PURSUANT TO THE PROVISIONS OF TITLE 24 OF THE ENCINITAS MUNICIPAL CODE. THIS COVENANT IS PLACED ON THE PROPERTY TO SATISFY THE CONDITIONS OF APPROVAL NOTICE OF DECISION DCD 94 -028, CONDITION 7.B." L 10. A COVENANT AND AGREEMENT UPON AND SUBJECT TO THE TERMS AND CONDITIONS THEREIN EXECUTED BY: AARON BRUNSWICK, TRUSTEE OF THE AARON BRUNSWICK CALIFORNIA ASSET TRUST CREATED ON APRIL 17, 1990 IN FAVOR OF: THE CITY OF ENCINITAS RECORDED: APRIL 23, 1996 AS FILE NO. 1996- 0199912 OF OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS M SAID DOCUMENT RECITES IN PART AS FOLLOWS: A: "MUNICIPAL CODE CHAPTER 23.98 IN EFFECT AT TIME OF FEES BEING PAID, PARK FEES FOR THE DEVELOPMENT SHALL BE THE TOTAL SUM FOR PARCEL 1 FOR TPM 94 -046. EACH PARCEL SHALL PAY THE PRORATED FEE PRIOR TO FINAL OCCUPANCY APPROVAL. B: IN ACCORDANCE WITH THE MUNICIPAL CODE CHAPTER 23.94 IN EFFECT AT TIME OF FEES BEING PAID, TRAFFIC FEES FOR THE DEVELOPMENT SHALL BE TOTAL SUM FOR PARCELS 1 FOR TPM 94 -046. EACH PARCEL SHALL PAY THE PRORATED FEE PRIOR TO FINAL OCCUPANCY APPROVAL. C: IN ACCORDANCE WITH THE MUNICIPAL CODE CHAPTER 23.96 IN EFFECT AT TIME OF FEES BEING PAID, FLOOD CONTROL FEES SHALL BE ASSESSED AND COLLECTED DURING THE BUILDING PERMIT PROCESSING PRIOR TO THE CONSTRUCTION OF ANY IMPERVIOUS SURFACES." N 11 A COVENANT AND AGREEMENT UPON AND SUBJECT TO THE TERMS AND CONDITIONS THEREIN EXECUTED BY: AARON BRUNSWICK, TRUSTEE AND MARGARET L. KENNEDY, TRUSTEE IN FAVOR OF: THE CITY OF ENCINITAS RECORDED: SEPTEMBER 19, 1997 AS FILE NO. 1997- 0461402 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS PRELIMBC 9 /2319304 Page 4 Order No: 53041190 U50 SCHEDULE B (continued) Your Re(: EOLUS AVE 0 12. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: $200,000.00 DATED: JUNE 23, 2004 TRUSTOR: MARGARET L. KENNEDY, TRUSTEE OF THE MARGARET L. KENNEDY TRUST, DATED JULY 9, 1997 TRUSTEE: AMERICAN SECURITIES COMPANY BENEFICIARY: WELLS FARGO BANK, N.A. RECORDED: JULY 19, 2004 AS FILE NO. 2004 - 0670895, OFFICIAL RECORDS ORIGINAL LOAN NUMBER: 0651 - 651- 6762301 -1998 AFFECTS: A PORTION OF THE LAND DESCRIBED HEREIN. v 13. A DOCUMENT ENTITLED "MEMORANDUM OF GRANT OF EASEMENT ", DATED APRIL 5, 2006 EXECUTED BY AARON BRUNSWICK AND JASPER BRUINZEEL AND SUSAN E. BRUINZEEL, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED AUGUST 11, 2006 AS FILE NO. 2006 - 0574582 OF OFFICIAL RECORDS. w 14. A DOCUMENT ENTITLED "MEMORANDUM OF GRANT OF EASEMENT ", DATED JULY 5, 2006 EXECUTED BY AARON BRUNSWICK AND PATRICIA A. WOOTEN SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED AUGUST 11, 2006 AS FILE NO. 2006- 0574583 OF OFFICIAL RECORDS. x 15. A DOCUMENT ENTITLED "MEMORANDUM OF GRANT OF EASEMENT ", DATED JULY 10, 2006 EXECUTED BY AARON BRUNSWICK AND DIANE C. ROGERS, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED AUGUST 11, 2006 AS FILE NO. 2006- 0574584 OF OFFICIAL RECORDS. P 16. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND. MATTERS AFFECTING THE RIGHTS OF SAID PARTIES ARE NOT SHOWN HEREIN. q 17. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. R END OF SCHEDULE B s NOTE NO. 1: IF TITLE IS TO BE INSURED IN THE TRUSTEE(S) OF A TRUST, (OR IF THEIR ACT IS TO BE INSURED), THIS COMPANY WILL REQUIRE A COPY OF THE ORIGINAL TRUST AGREEMENT INCLUDING ALL EXHIBITS LISTING REAL AND PERSONAL PROPERTY TRANSFERRED INTO THE TRUST TOGETHER WITH COMPLETE COPIES OF ANY AMENDMENTS OR MODIFICATIONS THERETO. THE COMPANY MUST ALSO BE FURNISHED WITH A VERIFICATION OF ALL PRESENT TRUSTEES STATING THAT THE COPY BEING FURNISHED IS A TRUE AND CORRECT COPY OF THE ENTIRE TRUST AGREEMENT INCLUDING ALL MODIFICATIONS OR AMENDMENTS; THAT THE TRUST IS CURRENTLY IN PRELIMBC- 9 /i3 /93bk i . SCHEDULE B Page 5 (continued) Order No: 53041190 U50 Your Ref: EOLUS AVE FULL FORCE AND EFFECT; AND THAT IT HAS NOT BEEN REVOKED OR TERMINATED. r TR AMEND /TR 2AMEND /JRS PRELIMBC-9 /23/93bk EXHIBIT 'A' LEGAL DESCRIPTION FOR PUBLIC SEWER EASEMENT 04 -131 7/22/10 THAT PORTION OF LOT 2 IN BLOCK 'E' OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 1788 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 29, 1924, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHERLY 150.00 FEET OF THE WESTERLY 100.00 FEET OF SAID LOT 2, ALSO BEING THE LAND DESCRIBED IN DOCUMENT NO. 1994- 0702226 RECORDED DECEMBER 7, 1994 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHERLY 150.00 FEET 1 NORTH 74 °16'30" EAST 2 SOUTH 150 43'30" EAST 3. SOUTH 74016'30" WEST 4, NORTH 150 43'30" WEST 100.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID WESTERLY 100.00 FEET; THENCE ALONG SAID EASTERLY LINE 20.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 15.00 FEET SOUTH OF THE NORTHERLY LINE OF SAID SOUTHERLY 150.00 FEET; THENCE ALONG SAID PARALLEL LINE 100.00 FEET TO THE WESTERLY LINE OF SAID LOT 2, THENCE ALONG SAID WESTERLY LINE 20.00 FEET TO THE POINT OF BEGINNING. CONTAINS 2000 SQUARE FEET, MORE OR LESS. LLJ W Q� f_ I z� EXHIBIT "B" PLAT FOR PUBLIC SEWER EASEMENT EXISTING EASEMENT FOR ROAD PURPOSES RECORDED OCTOBER 10, 1969 AS FILE N0. 1960 - 186371 OF OFFICIAL RECORDS AND PUBLIC UTILITY EASEMENT RECORDED DECEM8ER 10, 1969 FILE NO. 1969- 224626, P.D.B. PRI VA TE STREET N74'16'30 "E 100.00' IN NI N74'16 "30 "E 100.00' I I °ol of 3I °I �I � 1 F a a n PROPOSED SEWER —Z�l I , EASEMENT 18 O APN: 254 - 391 -30 1047 NYMETTUS AVENUE — — S74'16'30 "W 100.00' — — 1� IR I� I� T � h N 1' 0 N R7 JOB No.: 04 -131 7122110 SOWARDS & BROWN ENGINEERING corna��nwu ewumeene II1Or cw I.. NtwCA wveMA e W unoicc av rrs sen sa.00l ................... w.....w w.......*........l.ww1......... 1..11... w.. Y.. 4. M1..w1w Design Plus Software /A.C.B.S. 537 - 6166(800) JOB NAME... BRUNSWICK BOLUS AVENUE JOB CODE... 0092-150 DATE:07 -26 -2010 TIME:10:13:09 LOTS------------------------------ ----------- ---- - - - - -- -207 •....w...lwwwl.w.u.w +.. a ..•..ew....u..ww.www....ewu.w.w w....ww..w.........e LOT 8 /NAME.....SWR EAS -30 COURSE # BEARING AZIMUTH DISTANCE CORNER NOS. 1 N 74/16/30 B 74/16/30 ----- 100.00 -- ------- 153 - -- - -- ---- - - ----- 152 --- ----------- 2 ------------------------------------- S 15/43/30 E 164/16/30 20.00 152 - -- 161 ------------------------------------------------------------------------------- 3 S 74/16/30 W 254/16/30 100.00 161 - -- 160 -_.----•----------------------------------------------------------------------- 4 N 15/43/30 W 344/16/30 20.00 160 ... 153 -------- ----------------------------------------------------------------------- AREA.... 2000 SQ.FT. AREA...... .046 ACRES PERIMETER.... 240.00 FEET LINES /CHORDS ROUNDED TO NEAREST SECOND FOR BRNG. NEAREST HUNDREDTH FOR DIST. CLOSING ERROR ... BRNG /AZ /DIST. S 78/41/24 W 258/41/24 0 RELATIVE ERROR OF CLOSURE ...................... 1 IN 1.059874263755601D +17 ........ ............. ...................u.......u... w••w........... u........ OCHICAGO TITLE COMPANY AARON BRUNSWICK AARON BRUNSWICK 2220 AVENUE OF THE STARS #804 WEST LOS ANGELES, CALIFORNIA 90067 FIRST AMENDED Reference: EOLUS - OFFSITE CALIFORNIA PRELIMINARY REPORT Dated as of: October 13, 2010 at 7 30 AM Order No.: 53041193 - U50 In response to the application for a policy of title insurance referenced herein, Chicago Title Insurance 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 0(any defect, lien or encumbrance not shown or referred to as an exceptionlherein or not excluded from coverage pursuant to t e printed Schedules, Conditions and Stipulations or Conditions 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 Attachment One. 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 CLTA 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 Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. 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. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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. The form of Policy or Policies of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Visit Us On The Web: ChicagoTitle.com Title Department: CHICAGO TITLE COMPANY 2365 NORTHSIDE DR. #500 SAN DIEGO, CA 92108 (619)521 -3500 Fax: (619)521 -3608 Tom Vote[ /Ken Cyr Title Officer PREFPS - 08125/07 M SCHEDULE A Order No: 53041193 U50 Your Ref: EOLUS - OFFS I TE 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE AS TO PARCEL 1; AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCEL 2 2. Title to said estate or interest at the date hereof is vested in: DIANE C. ROGERS, AS HER SOLE AND SEPARATE PROPERTY 3. The land referred to in this report is situated in the State of California, County of SAN D I EGO and is described as fotlows: SEE ATTACHED DESCRIPTION Page 1 DESCRIPTION Order No. 53041193 PARCEL 1 THE SOUTHERLY 150.00 FEET OF THE WESTERLY 100.00 FEET OF LOT 2 IN BLOCK "E" OF SOUTH COAST PARK ANNEX, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0 1788, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 29, 1924 7 M8111 % AN EASEMENT FOR ROAD PURPOSES OVER, ALONG AND ACROSS THAT PORTION OF LOT 2 IN BLOCK "E" OF SOUTH COAST PARK ANNEX, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 29, 1924, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTHERLY 124.00 FEET OF SAID LOT 2; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHERLY 124.00 FEET NORTH 74 °16'30" EAST, 159.65 FEET TO A POINT ON A ARC OF A NON- TANGENT 48.00 F00T RADIUS CURVE THE CENTER OF WHICH BEARS NORTH 1 °28'40" EAST FROM SAID POINT; THENCE COUNTER - CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 294 °24'20" A DISTANCE OF 246.64 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY 176.00 FEET OF SAID LOT 2, A RADIAL OF SAID CURVE BEARS NORTH 72 °55'40" WEST TO SAID POINT; THENCE ALONG SAID NORTHERLY LINE SOUTH 74 °16'30" WEST, 159.65 FEET TO THE WESTERLY LINE OF SAID LOT 2; THENCE ALONG SAID WESTERLY LINE SOUTH 15'43'30" WEST, 52.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 HEREINABOVE DESCRIBED SCHEDULE B Page I Order No: 53041193 U50 Your Ref: EOLUS - OFFSITE At the date hereof exceptions to coverage In addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would he as follows: A 1. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2010 -2011. 15T INSTALLMENT: $1,373.42 PENALTY: $137.34 (DUE AFTER DECEMBER 10) 2ND INSTALLMENT: $1,373.42 PENALTY AND COST: $147.34 (DUE AFTER APRIL 10) HOMEOWNERS EXEMPTION: NONE CODE AREA: 19078 ASSESSMENT NO: 254- 391 -30 B 2. 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. c 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: ROAD PURPOSES RECORDED: OCTOBER 10, 1969 AS FILE NO. 186370 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 0 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: ROAD PURPOSES RECORDED: OCTOBER 10, 1969 AS FILE NO. 186371 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: DECEMBER 10, 1969 AS FILE NO. 224626 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. Page 2 Order No: 53041193 U50 N SCHEDULE B (continued) Your Ref: EOLUS - OFFSITE 5A AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: DECEMBER 10, 1969 AS FILE NO. 224630, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT 6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT $100,000.00 DATED: AUGUST 7, 2003 TRUSTOR: DIANE C. ROGERS TRUSTEE: FIRST AMERICAN TITLE BENEFICIARY: MORGAN STANLEY DEAN WITTER CREDIT CORPORATION RECORDED: AUGUST 18, 2003 AS FILE NO. 2003 - 0999821 OF OFFICIAL RECORDS G END OF SCHEDULE B ri NOTE NO. 1: WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: DIANE ROGERS AND MARTIN ROGERS (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) GP 1AMEND /JRS 04 -131 7/22/10 EXHIBIT'A' LEGAL DESCRIPTION FOR PUBLIC SEWER EASEMENT THAT PORTION OF LOT 2 IN BLOCK 'E' OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 29, 1924, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHERLY 150.00 FEET OF SAID LOT 2 LYING EAST OF THE EASTERLY LINE OF THE WESTERLY 200.00 FEET OF SAID LOT 2, ALSO BEING THE LAND DESCRIBED IN DOCUMENT NO. 76- 205584 RECORDED JUNE 30, 1976 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHERLY 150 00 FEET 1 NORTH 74 016'30" EAST 2 SOUTH 15 043'30" EAST 1 SOUTH 74 °16'30" WEST 4 SOUTH 60 °14'20" WEST 5. NORTH 15 °43'30" WEST 100.0 FEET TO THE NORTHEAST CORNER OF SAID DESCRIBED LAND, SAID POINT ALSO BEING A POINT ON THE EASTERLY LINE OF SAID LOT 2; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF LOT 2 15.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 15.00 FEET SOUTH OF THE NORTHERLY LINE OF SAID SOUTHERLY 150.00 FEET, THENCE ALONG SAID PARALLEL LINE 80.00 FEET, THENCE 20.62 FEET TO A POINT DISTANT 20.00 FEET SOUTH OF THE NORTHERLY LINE OF SAID SOUTHERLY 150.00 FEET MEASURED AT RIGHT ANGLES, SAID POINT ALSO BEING ON THE EASTERLY LINE OF THE WESTERLY 200.00 FEET OF SAID LOT 2, THENCE ALONG SAID EASTERLY LINE 20.00 FEET CONTAINS 1550 SQUARE FEET, MORE OR LESS. TO THE POINT OF BEGINNING. EXHIBI T "B" PLAT FOR Q PUBLIC SEWER EASEMENT N EXISTING EASEMENT FOR ROAD PURPOSES RECORDED OCTOBER 10, 1969 AS FILE NO. 1960- 186371 OF OFFICIAL RECORDS AND PUBLIC UALITY EASEMENT RECORDED DECEMBER 10, 1969 FILE N0 1969- 224626. 1 PRIVATE TREE ,\ P.O.B. — N7476'30 "E 100.00' g 1060'j4 20 F p0.62 ` L PROPOSED SL„mn g l EASEMENT �I 3IO 7 I hI z a a 'el / r� APN: 254- 391 -29 1067 NYMETTUS AVENUE 77476'30 "W 100.00' °o h N I� F W O sw JOB No.: 04 -131 7122110 SOWARDS & BROWN ENGINEERING COHBULTNO [NOMEENE S�[1 MEWO.YTtd NVENVE BVi]!, J GMD�FF By TM[ B4. G piOp+ wn lEW ]]4NOf ................................................ ............................... Design Plus Software /A.C.E.S. 537- 6166(800) JOB NAME ..BRUNSWICK BOLOS AVENUE JOB CODE ... 0092 -150 DATE.07.26 -2010 TIME:10:13:33 LOTS---------------------------------------------------- 207 ......... u ............. ................................ u.................ww.• LOT N /NAME.....SWR BAS -29 COURSE M BEARING AZIMUTH DISTANCE CORNER NOS. 1 N 74/16/30 E 74/16/30 _________ 100.00 ______________________ 149 - -- 150 ________________________________________________ 2 S 15/43/30 E 164/16/30 15.00 150 --- 132 3 S 74/16/30 W 254/16/30 _______ 80.00 ________________________ 132 - -- 133 ________________________________________________ 4 S 60/14/20 W 240/14/20 20.62 _-------------------- 133 - -- ____ 134 ------------------------------------------------------ 5 N 15/43/30 W 344/16/30 ____________________________ 20.00 134 - -- ___ 149 ___________________________________________ AREA.... 1550 SOFT. AREA.. 036 ACRES PERIMETER. 235.62 PEST LINES /CHORDS ROUNDED TO NEAREST SECOND FOR BRNG. NEAREST HUNDREDTH FOR DIST. CLOSING ERROR ... BRNO /AZ /DIST. S 66/00/07 W 246/00/07 0 RELATIVE ERROR OF CLOSURE ...................... 1 IN 496798 ............................................... ................................ o x 17 * CHICAGO TITLE COMPANY AARON BRUNSWICK AARON BRUNSWICK 2220 AVENUE OF THE STARS #804 WEST LOS ANGELES, CALIFORNIA 90067 FIRST AMENDED Reference: EOLUS - OFFSITE CALIFORNIA PRELIMINARY REPORT Dated as of: October 13, 2010 at 7:30 AM Order No.: 53041192 - U50 In response to the application for a policy of title insurance referenced herein, Chicago Title Insurance 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 1. reason of-any defect, lien or encumbrance not shown or referred to as an exception neretn or not excivaea Tram coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions 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 Attachment One. 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 CLTA 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 Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. 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. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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. The form of Policy or Policies of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Visit Us On The Web: ChicagoTitle.com Title Department: CHICAGO TITLE COMPANY 2365 NORTHSIDE DR. #500 SAN DIEGO, CA 92108 (619)521 -3500 Fax: (619)521 -3608 Tom Votel /Ken Cyr Title Officer PREFPS - 08/25/07 A SCHEDULE A Order No: 53041192 U50 Your Ref: EOLUS - OFFSITE 1. The estate or interest In the land hereinafter described or referred to covered by this report Is: A FEE AS TO PARCEL 1; AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCEL 2 2. Title to said estate or interest at the date hereof is vested in: PATRICIA A. WOOTEN, TRUSTEE OF THE PATRICIA A. WOOTEN 2001 TRUST DATED JUNE 4 2001 3. The land referred to in this report is situated in the State of California, County of SAN D I EGO and is described as follows: SEE ATTACHED DESCRIPTION Page 1 DESCRIPTION Order No. 53041192 PARCEL 1: THE SOUTHERLY 150.00 FEET OF LOT 2 IN BLOCK "E" OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 29, 1924. EXCEPTING THEREFROM THE WESTERLY 200.00 FEET. PARCEL 2 AN EASEMENT FOR ROAD PURPOSES OVER, ALONG AND ACROSS THAT PORTION OF LOT 2 IN BLOCK "E" OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 29, 1924, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTHERLY 124.00 FEET OF SAID LOT 2; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHERLY 124.00 FEET NORTH 74° 16' 30" EAST, 159.65 FEET TO A POINT ON THE ARC OF A NON- TANGENT 48.00 FOOT RADIUS CURVE THE CENTER OF WHICH BEARS NORTH 41° 28' 40" EAST FROM SAID POINT; THENCE COUNTER - CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2940 24' 20" A DISTANCE OF 246.64 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY 176.00 FEET OF SAID LOT 2 A RADIAL LINE OF SAID CURVE BEARS NORTH 720 55' 40" WEST TO SAID POINT; THENCE ALONG SAID NORTHERLY LINE SOUTH 74° 16' 30" WEST, 159.65 FEET TO THE WESTERLY LINE OF SAID LOT 2; THENCE ALONG SAID WESTERLY LINE SOUTH 150 43' 30" WEST, 52.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 HEREINABOVE DESCRIBED APN: 254- 391 -29 SCHEDULE B Page 1 Order No: 53041192 U50 Your Ref: EOLUS - OFFSITE At the date hereof exceptions to coverage In addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2010 -2011 1ST INSTALLMENT: $771.93 PENALTY: $77.19 (DUE AFTER DECEMBER 10) 2ND INSTALLMENT: $771.93 PENALTY AND COST: $87.19 (DUE AFTER APRIL 10) HOMEOWNERS EXEMPTION: $7,000.00 CODE AREA: 19078 ASSESSMENT NO: 254- 391 -29 B 2. 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. B 3. EASEMENTS FOR INGRESS AND EGRESS, PIPELINES, DRAINAGE AND /OR PUBLIC UTILITIES AND INCIDENTAL PURPOSES THERETO OVER, UNDER, ALONG AND ACROSS THE EASEMENT PARCEL(S) HEREIN DESCRIBED AS GRANTED AND /OR RESERVED IN VARIOUS DEEDS OF RECORD. AFFECTS: PARCEL 2 C 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS RESERVED IN A DOCUMENT PURPOSE: ROAD PURPOSES RECORDED: OCTOBER 10, 1969 AS FILE NO. 186370, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. D 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: DECEMBER 10, 1969, AS FILE NO. 224626, OFFICIAL RECORDS AFFECTS: NORTHERLY 8 FEET OF THE WESTERLY 50 FEET OF PARCEL 1 PREB - 10 /31 /97bk SCHEDULE B Page 2 (continued) Order No: 53041192 U50 Your Ref. EOLUS - OFFSITE E 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: DECEMBER 10, 1969, AS FILE NO. 224630, OFFICIAL RECORDS AFFECTS: NORTHERLY 8 FEET OF WESTERLY 50 FEET OF PARCEL 1 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: $150,000.00 DATED: DECEMBER 11,1992 TRUSTOR: RICHARD C. WOOTEN AND PATRICIA A. WOOTEN, HUSBAND AND WIFE, AS JOINT TENANTS TRUSTEE: COUNTRYWIDE TITLE CORPORATION, A CALIFORNIA CORPORATION BENEFICIARY: RANCHO COASTAL REALTY RECORDED: DECEMBER 17, 1992 AS FILE NO. 1992- 0808264 OF OFFICIAL RECORDS AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: COUNTRYWIDE FUNDING CORPORATION RECORDED: DECEMBER 17,1992 AS FILE NO. 1992- 0808265 OF OFFICIAL RECORDS K 8 A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: $100,000.00 DATED: OCTOBER 4, 2002 TRUSTOR: PATRICIA A. WOOTON, TRUSTEE OF THE PATRICIA A. WOOTEN 2001 TRUST DATED JUNE 4, 2001 TRUSTEE: FIRST AMERICAN TITLE BENEFICIARY: WASHINGTON MUTUAL BANK, FA, A FEDERAL ASSOCIATION, WHICH IS ORGANIZWD AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF AMERICA RECORDED: OCTOBER 9, 2002 AS FILE NO. 2002- 0872419 OF OFFICIAL RECORDS L NOTE: THE ABOVE DOCUMENT HAS AN ERRONEOUS LEGAL DESCRIPTION. F 9. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR OCHICAGO TITLE COMPANY AARON BRUNSWICK AARON BRUNSWICK 2220 AVENUE OF THE STARS #804 WEST LOS ANGELES, CALIFORNIA 90067 FIRST AMENDED Reference: EOLUS - OFFSITE CALIFORNIA PRELIMINARY REPORT Dated as of: October 13, 2010 at 7:30 AM Order No.: 53041191 - U50 In response to the application for a policy of title insurance referenced herein, Chicago Title Insurance Company hereby report s 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 Oranyy defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to tFte printed Schedules, Conditions and Stipulations or Conditions 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 Attachment One. 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 theparties. Limitations on Covered Risks applicable to the CLTA 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 Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. 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. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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. The form of Policy or Policies of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Visit Us On The Web: ChicagoTitle.com Title Department: CHICAGO TITLE COMPANY 2365 NORTHSIDE DR. #500 SAN DIEGO, CA 92108 (619)521 -3500 Fax Tom Votel /Ken Cyr Title Officer PREFPS 08/25/07" (619)521 -3608 O SCHEDULE A Order No: 53041191 U50 Your Ref: EOLUS - OFFSITE t. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE AS TO PARCEL 1; AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCEL 2 2. Title to said estate or interest at the date hereof is vested in: JASPER BRUINZEEL AND SUSAN E. BRUINZEEL, HUSBAND AND WIFE, AS JOINT TENANTS 3. The land referred to in this report is situated in the State of California, County of SAN D I EGO and is described as follows: SEE ATTACHED DESCRIPTION Page 1 DESCRIPTION Order No. 53041191 PARCEL 1 THE SOUTHERLY 150.00 FEET OF THE EASTERLY 100.00 FEET OF THE WESTERLY 200.00 FEET OF LOT 2 IN BLOCK "E" OF SOUTH COAST PARK ANNEX, ACCORDING TO MAP THEREOF NO. 1788, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 29, 1924. PARCEL 2: AN EASEMENT FOR ROAD PURPOSES OVER, ALONG AND ACROSS THAT PORTION OF LOT 2 IN BLOCK "E" OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 29, 1924, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTHERLY 124.00 FEET OF SAID LOT 2; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHERLY 124.00 FEET NORTH 74 °16'30" EAST, 159.65 FEET TO A POINT ON THE ARC OF A NON- TANGENT 48.00 FOOT RADIUS CURVE, THE CENTER OF WHICH BEARS NORTH 41 °28'40" EAST FROM SAID POINT; THENCE COUNTER CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 294 024'20" A DISTANCE OF 246.64 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY 176.00 FEET OF SAID LOT 2, A RADIAL LINE OF SAID CURVE BEARS NORTH 72 055'40" WEST TO SAID POINT; THENCE ALONG SAID NORTHERLY LINE SOUTH 74 °16'30" WEST, 159.65 FEET TO THE WESTERLY LINE OF SAID LOT 2; THENCE ALONG SAID WESTERLY LINE SOUTH 15 043'30" WEST, 52.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1. APN: 254- 391 -28 -00 SCHEDULE B Page I Order No. 53041191 U50 Your Ref: EOLUS - OFFSITE At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES. FOR THE FISCAL YEAR 2010 -2011. 1ST INSTALLMENT: $4,104.22 PENALTY: $410.42 (DUE AFTER DECEMBER 10) 2ND INSTALLMENT: $4,104.22 PENALTY AND COST: $420.42 (DUE AFTER APRIL 10) HOMEOWNERS EXEMPTION: $7,000.00 CODE AREA: 19078 ASSESSMENT NO: 254- 391 -28 B 2. 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. c 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: ROAD AND INCIDENTAL PURPOSES RECORDED: OCTOBER 10, 1969 AS FILE NO. 1969 - 186370 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. D 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: DECEMBER 10, 1969 AS FILE NO. 1969 - 224626 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. E 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: DECEMBER 10, 1969 AS FILE NO. 1969 - 224630 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. Page 2 Order No: 53041191 U50 F 6. INTENTIONALLY OMITTED. c 7. INTENTIONALLY OMITTED. SCHEDULE B (continued) Your Ref: EOLUS - OFFSITE K 8. A DOCUMENT ENTITLED "MEMORANDUM OF GRANT OF EASEMENT" SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED AUGUST 11, 2006 AS FILE NO. 2006 - 0574582, OFFICIAL RECORDS. L 9. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: $485,000.00 DATED: AUGUST 13, 2010 TRUSTOR: JASPER BRUINZEEL AND SUSAN E. BRUINZEEL, HUSBAND AND WIFE. AS JOINT TENANTS TRUSTEE: TO SERVICE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: TRUST ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION RECORDED: AUGUST 20, 2010 AS FILE NO. 2010- 0433066, OFFICIAL RECORDS ORIGINAL LOAN NUMBER: 110- 6579RT w AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: JPMORGAN CHASE BANK N.A. RECORDED: SEPTEMBER 8, 2010 AS FILE NO. 2010- 0473429, OFFICIAL RECORDS x 10. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. END OF SCHEDULE B GP 1AMEND /JRS - REUMBC 9/23/93W 04 -131 7/22110 EXHIBIT 'A' LEGAL DESCRIPTION FOR PUBLIC SEWER EASEMENT THAT PORTION OF LOT 2 IN BLOCK'E' OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 29, 1924, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHERLY 150.00 FEET OF THE EASTERLY 100.00 FEET OF THE WESTERLY 200.00 FEET OF SAID LOT 2, ALSO BEING THE LAND DESCRIBED IN DOCUMENT NO. 2004 - 0593272 RECORDED JUNE 24, 2004 IN THE OFFICE OF THE COUNTY REORDER OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHERLY 150.00 FEET 1. NORTH 74 016'30" EAST 100.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID WESTERLY 200.00 FEET; THENCE ALONG SAID EASTERLY LINE 2. SOUTH 150 43'30" EAST 20.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 20.00 FEET SOUTH OF THE NORTHERLY LINE OF SAID SOUTHERLY 150.00 FEET; THENCE ALONG SAID PARALLEL LINE 3. SOUTH 740 16'30" WEST 100.00 FEET 4. NORTH 150 43'30" WEST 20.00 FEET CONTAINS 2000 SQUARE FEET, MORE OR LESS. TO A POINT ON THE WESTERLY LINE OF SAID EASTERLY 100.00 FEET; THENCE ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. g a a a P.O.B. T 1 0 � IN I EXHIBI T "B" PLAT FOR PUBLIC SEWER EASEMENT EXISANG EASEMENT FOR ROAD PURPOSES RECORDED OCTOBER 10, 1969 AS FILE N0, 1960 - 186371 OF OFFICIAL RECORDS AND PUBLIC UALITY EASEMENT RECORDED DECEMBER 10, 1969 FlLE NO. 1969- 224626. 1 PRI VA TE STREET N7476'30 E 100.00' N74'16'30 "E 100.00' PROPOSED SEWER o° I EASEMENT nI LO 3 r1� C}�J I N of 1 NI �L I Ig 4, 11-) APN: 254 -391 -28 I 1065 HYMETTUS AVENUE S7476'30eW 100.00' 1.W 0 N JOB No.: 04 -131 7122110 SOWARDS & BROWN ENGINEERING 21.7N ewCA evon.eene cwene AWNUE CA. eVrtE .aa C/L7.l 3r ..e eew, CA. oaoc. a-esao •wz +eor.ae -eeoa ............ i. 1a.. I. 1.... 1a. 1a ...liia11aa1a1a1/ /a! /ittil /... a ili ata 1. 11 /1/1.11{ Design Plus Software /A.C.E.S. 537 - 6166(800) JOB NAME...BRUNSWICK BOLUS AVENUE JOB CODE ..0092-150 DATE:07 -26 -2010 TIME:10:13:52 LOTS---------------------------- --------- --- ----- - - - - -- -207 ..aa/..a........a1/.a.aa uataataa//aai uat// luiaiaat .aa.a.1•a..a.a.aattu..r. LOT N /NAME.....SWR SAS -28 COURSE k BEARING AZIMUTH DISTANCE CORNER NOS. 1 N 74/16/30 E 74/16/30 100.00 152 - -- 149 2 S 15/43/30 E 164/16/30 20.00 149 - -- 134 ---------------------------'--------------------------------------------------- 3 S 74/16/30 W 254/16/30 100.00 134 - -- 161 ---------------------------•---------------------------.....------------------- 4 N 15/43/30 W 344/16/30 20.00 161 - -- 152 AREA.... 2000 SQ.FT. AREA...... .046 ACRES PERIMETER.... 240.00 FEET LINES /CHORDS ROUNDED TO NEAREST SECOND FOR BRNG. NEAREST HUNDREDTH FOR DIST. CLOSING ERROR...BRNG /AZ /DIST. S 78/41/24 W 258/41/24 0 RELATIVE ERROR OF CLOSURE ......................1 IN 1.059874263755601D +17 .......... i.. a. a/: a •aululaaaaalaaaiitiiii♦ ... ..11u i1 alias ♦♦utelat ... • au... 5406 C qh!130110 �LIFORr //