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769132015 (DSF)Tiof'4 . 4a QUM& December=13.1993- Mr. • Ed :Brummel 51-395 Avenida Mendoza _ La Quinta, CA 92253 Referenced Property: 51-285 Calle Paloma A.P.N. # 769-132-015 RE: NOTICE AND ORDER TO ABATE A PUBLIC NUISANCE Dear Mr. Brummel : This letter is being sent to inform you that because you have failed to respond to the letter sent on October 28, 1993, in regards to the abatement of the single family housing structure which is in a state of partial construction, located at the referenced location, you are hereby ordered to immediately initiate the completion of said structure or to demolish same. In either case, permits. must be obtained at the Building and Safety Department. MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 December 13, 1993 Page 2 If you neglect or fail to abide by the mandatory requirements of this Notice and Order within the specified time limits, the City of La Quinta will cause demolition of the referenced property pursuant to the Abatement of Dangerous Buildings as required by the City of La Quinta Municipal Code Chapter 11.72 Subsection .050 A. You must respond .to the orders to abate within twenty one '(21) days from the date of mailing of this Notice and Order._ If you wish to appeal this Notice and:Order, you may do so within - - ten..( 10 ). calendar days from the date:. of mailing_. - .An,.<appeal _.request.___._ must be in writing and filed with the City Clerk within those ten (10) days. In the event that you fail to abate as directed and no appeal has been filed, the City will proceed with the demolition of said structure and you, identified as the last known legal owner of said property, will be held liable for all costs incurred. If you fail to pay said costs on demand, a lien will be filed against the property in the amount of said costs. In addition, the City may commence civil or criminal action against you for your failure to abate a public nuisance and will pursue all avenues of legal remedy. If you have any questions concerning this issue, please contact the undersigned or the Building and Safety Director, Mr. Tom Hartung. Your timely response to. this Notice and Order will be greatly appreciated as time is now of the essence in this matter. Respectfully, BUILDING AND SAFETY DEPARTMENT Don Whelchel Code Enforcement/Building Specialist Tom Hartung Director of Building and Safety DW: es MICHAELJ. RUBINO ALT & RUBINO Attorneys at Law 450 NEWPORT CENTER DRIVE SUITE 410 NEWPORT BEACH, CA 92660 March 22, 1994 Mr.. Edward and Patti Brummel 51-395 Avenida Mendoza La Quinta, CA 92253 TELEPHONE (714) 729-4420 DIRECT LINE (714) 729-4424 FAX (714) 729-4428 Re: Abatement of Public Nuisance .at 51-395 Avenida Mendoza Dear Mr, and Mrs. Brummel: I represent the city of La Quinta in all of its code enforcement matters. It has been several months since you have done any work toward completing the above entitled project. Further, your construction permit expired on June 30, 1992. If you do not pull a new construction permit by April 1, 1994, the City of La Quinta will have no choice but to seek an inspection warrant and request that.the court order an immediate demolition of the above entitled project. This should be no surprise given the December 13, 1993 Notice of Public Nuisance and letter dated October 28, 1993. Should you wish to discuss the matter further, please do not hesitate to call the City of La Quinta or my office. Sincerely, MICHAEL J. RUBINO MJR:db cc: Don Whelchel C: \W RITE\LAQ\BRU MMEL. N-rA NOTICE In accordance with Sections 18805 and 26131 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR 2. A corporate seller which as no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the. seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The -seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. Fomi No. 4001 (3i92) 0 Form No. 1068-1 (Rev. 10/17/92) Exhibit A to Preliminary Report S•i AMERI 414 Preliminary Report First American Title Insurance Company EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE 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 notice 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, which are not shown by the public records. 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. (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. 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 and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 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. 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 or interest insured by their 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. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (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 estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the fallowing exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 2002773 DATED AS'OF DECEMBER 27,. 19.93: AT 7:30 A.M:. IN RESPONSE TO THE ..,ABOVE` ;REFERENCED' APPLICATION FOR A POLICY OF TITLE. INSURANCE:, THIS. -'COMPANY HEREBYi REPORTS THAT IT IS PREPARED TO -ISSUE, E OR- CAUSE TO BE'.; ISSUED, A$"OF."THE DATE :HEREOF., A POLICY OR POLICIES 'OF. ;T'ITLE. INSURANCE DESCRIBING. THE;4,LAND_.AND THE ESTATE OR`.- INTEREST THEREhN:._-`HEREINAFTER 'SET FORTH, - INSURING, AGAINST LOSS WHICH MAY BE SUSTAINED- BY REASON: OF; ANY' DEE-ECT, LIEN OR ENCUMBRANCE: NOT SHOWN OR REFERRE6.TO`AS AN,.EXCEPTION BELOW OR NOT EXCLUDED FROM. COVERAGE .PURSUANT:. TO. THE '..PRINTED SCHEDULES, CONDITIONS`.AND� STIPULATIONS OF$AID'POLICY:FORMS THE PRINTED EXCEPTIONS -.AND-,. EXCLUSIONS FROW. THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH; IN EXHIBIT A. ATTACHED. COPIES OF THE POLICY FORMS:='.SHOULD,.'BE.RE _AD.' THEY ARE' AVAILABLE FROM THE OFFICE WHICH°`ISSUED THIS REPORT. THIS 'REPO -(AND ANY SUPPLEMENTSOR-.AMENDMENTS.JHERETO)'IS ISSUED SOLELY -FOR ,THE PURPOSE OF 'FACILITATING .THE ;ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO ' LIABIL'ITY . I'S ASSUMED HEREBY IF IT IS DESIRED THAT LIABILITY`1 BE ASS UME6`PRI`OR TOS THE ISSUANCE OF A POLICY OF TITLE..,INSURANCE-, A 'BINDER -OR COMMITMENT,... SHOULD BE REQUESTED. d TEVEHUGHES' - TLE OFFICER 2002773 TITLE TO -SAID ESTATE OR INTEREST AT THE'DATE HEREOF IS VESTED IN: EDWARD.BRUMMEL AND,PATTI L. BRUMMEL, HUSBAND AND WIFE A'S JOINTTENANTS THE ESTATE OR. INTEREST 'IN HE LAND.. HEREINAFTER DESCRIBED OR REFERRED TO..CO.VERED BY THIS.REPORT7IS: IN FEE THE: LAND REFERRED TO IN THIS. REPORT I.S .SITUATED. IN THE STATE OF , CALIFORNIA' COUNTY.. OF RIVERSIDE, CITY OF -LA. QUINTA AND IS DESCRIBED AS FOLLOWS: LOT. 97 OF DESERT 'CLUB TRACT :;UNIT NO: 5, _;AS :SHOWN BY MAP ON FILE IN BOOR 21 PAGES 61, AND 62 OF MAPS, --RECORD.$: OF RIVERSIDE COUNTY, CALIFORNIA; TOGETHER: WITH . THAT PORTION, OF:< THE NORTHWESTERLY: "HALF OF CALLE Y+ , PALOMA ADJOINING SAID LOT., 97 ON. .THE SOUTHEAST., AS VACATED AND CLOSED TO PUBLIC USE BY RE- LUTIQN .NQ. 92'=24 .RECORDED MARCH 17, . 1992 AS= INSTRUMENT NO. 030.773 AND -:RECORDED',,., APR_IL 14, ., 1992. AS INSTRUMENT...NO. `131380 BOTH._'`OF.! OFFICIAL RECORDS OF RIVERSIDE .COUNTY1: CALIFORNIA; ALSO TOGETHER THAT PORTION OFSAID"��CALLE PALOMA .AS VACATED AND CLOSED: TO PUBLIC ':USE BY 'SAID ;RESOLUTION NO. 92=24, DESCRIBED AS FOLLOWS:- COMMENCING. OLLOWS:COMMENCINGATS, A. POINT IN. THE WES;TERLY� -LINE ;OF LOT 9.5, AS PER SAID MAP OF DESERT:`:CLUB.TRACT I BEING THE SOU:THERLY,TERMINUS OF A 20.00 "`FOOT ' RADIUS = CURVE`, THENCE " SOUTH 60'...DEGREES 09' 30" EAST,,.! ALONG THE <.WESTERLY LINE OF SAID LO -f;,. -.j4 AND-. ALONG THE ;:WEST" LINE OF. LOT,- 96 OF ,SAID DESERT CLUB °TRACT,' ° A DISTANCE OF 211.5`7.:1 FEET, TO THE .SOUTHWEST CORNER OF SAID LOT 9.6; THENCE SOUTHEASTERLY AND NORTHEASTERLY ,,ALONG'3.THE .SOUTHWESTERLY AND _ SOUTHEA.STERLY -LINE OF SiID LOT 9}6;1BEING 'ALS O.:ALONG A CURVE, CONCAVE .,NORTHEASTERLY. - HAVING A RADIUS OF"`2.0.00-FEET, TANGENT TO THE LAST `DESCRI-BED'-COURSE:,:THRO"UGH A�:CENTRAL"ANGLE OF 1.0S DEGREES 161` 0,011, FOR,,,,,,,.AN. ARC. DISTANCE OF�. . 3.6::75 FEET., TO- A POINT 'OF COMPOUND. CURVATURE, -THROUGH °WHICH POINT `OF -..A ;RADIAL LINE BEARS NORTH 15`' DEGREES. " 2 6' - 3'O," - WE_ ST, THENCE ''NORTH EASTERLY ALONG A::.CURVE,,CONCAVE'NORTHWES.TERLY,.HAVING A RADIUS 6F':,600 00.FEET`THROUGH A CENTRAL.'ANGLE`'OF 1,S DEGREES 34' 03", .:,FOR: AN :ARC. DISTANCE OF"',.-. 3.02 FEET; 'TO, THE SOUTHEAST CORNER.- OF SAID -_`':LOT 9'6, (SAID CURVE °:BEING 'THE -SOUTHEASTERLY LINE OF SAID LOT '9'6 AND THE . NORTHWESTERLY LINE" -OF LOT --:1101": OF -'SAID DESERT CLUB TRACT) , THROUGH WHICH POINT A `RADIAL. LINE' BEARS- NORTH 31 DEGREES 00' 33" 'WEST; PAGE 2 2002773 THENCE LEAVING SAID CURVE, SOUTH 85 DEGREEW 19' 47" EAST, A DISTANCE OF 49.30 FEET, TO:A POINT, IN THE CENTERLINE OF SAID CALLE PALOMA (LOT "O") (HAVING A RADIUS- OF.'63`0.00 FEET) SAID POINT BEING THE' -TRUE POINT'OF BEGINNING; THROUGH WHICH POINT A LINE RADIAL.TO SAID CURVE -BEARS NORTH,34.'DEGREES 39' 19" WEST; THENCE NORTHEAST ERLY.ALONG�SAID CENTERLINE, BEING'ALSO ALONG THE ARC OF _SAID 630.00 FOOT RADIUS'.CURVE, CONCAVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF J`DEGREES.4_6l 311,1<, FOR AN ARC DISTANCE OF 41.51 FEET TO, THE INTERSECTION OF 'SAID CENTERLINE WITH A CURVE, CONCAVE EASTERLY' HAVING A RADIUS OF=.50.00 FEET, THROUGH WHICH POINT A RADIAL.TO SAID 630..00 FOOT RADIOS CURVE BEARS NORTH 38 DEGREES 25' SO" WEST AND A 'RADIAL LINE TO SAID 50.00 FOOT RADIUS CURVE BEARS 'NORTH 73 DEGREES 07' 139I.EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID 50.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, THROUGH A CENTRAL ANGLE OF '48 DEGREES 14' 0311, FOR AN ":ARC DISTANCE OF 42 ..09; 'FEET TO A POINT OF CUSP IN THE' NORTHWESTERLY LINE OF LOT 196 'OF SAID DESERT CLUB TRACT, BEING ALSO ON A CURVE. HAVING A'•RADIUS. OF 20.00 FEET, THROUGH WHICH POINT A RADIAL LINE BEARS NORTH 24 DEGREES 59' 17" EAST; THENCE WESTERLY ALONG SAID NORTHWESTERLY LINE OF SAID LOT 196, BEING ALSO ALONG THE ARC OF SAID 20.00"FOOT RADIUS CURVE, CONCAVE SOUTHERLY, THROUGH A CENTRAL ANGLE OF, 20 DEGREES 12`' S711, FOR AN ARC DISTANCE OF 7.06 FEET; THENCE NORTH 85 DEGREES 19' 47" WEST, ALONG.A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DI,STANCE OF 53.56 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION OF SAID CALLE PALOMA, DESCRIBED AS FOLLOWS: , COMMENCING AT A POINT IN THE WESTERLY.LINE OF LOT 95, AS PER SAID MAP -OF DESERT CLUB TRACT, BEING -THE SOUTHERLY TERMINUS OF A 20.00 FOOT RADIUS CURVE; THENCE SOUTH OO DEGREES 09' 30" EAST,' ALONG THE WESTERLY LINE OF SAID LOT 95, AND ALONG THE WEST LINE OF LOT 96 OF SAID DESERT CLUB TRACT, A DISTANCE OF 211.57 FEET, TO THE SOUTHWEST CORNER OF SAID LOT 96; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE SOUTHWESTERLY AND SOUTHEASTERLY LINE OF SAID LOT 96, BEING ALSO ALONG A CURVE CONCAVE NORTHEASTERLY, HAVING A.RADIUS. OF 20.00 FEET, TANGENT TO THE LAST DESCRIBED.COURSE, THROUGH A CENTRAL ANGLE OF 105 DEGREES 16' 0011, FOR' -AN ARC DISTANCE OF 36.75 FEET, TO A' POINT OF COMPOUND CURVATURE, THROUGH WHICH'POINT A RADIAL LINE BEARS NORTH 15 DEGREES 26' 3011.WEST; THENCE NORTHEASTERLY ALONG A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 600.00 FEET THROUGH A CENTRAL ANGLE.OF 15 DEGREES 34' 0391, FOR -AN ARC DISTANCE OF 163.02 FEET, TO THE SOUTHEAST CORNER OF SAID LOT 96, ALSO BEING THE TRUE POINT.OF BEGINNING, (SAID CURVE BEING THE SOUTHEASTERLY LINE OF SAID LOT 96 AND THE PAGE 3 NORTHWESTERLY LINE " -OF LOT O" OF SAID DESERT CLUB TRACT), THROUGH WHICH POINT A . RADIAL.{ LINE'-BE K (NOR 'it 31 DEGREES ` . 0:0'' 33" WEST; . THENCE -LEAVING'. SAID .,CURVE, SQUTH 85 DEGREES a 19'' 47" EAST,, A DISTANCE OF 49_.10 FEET" _TO' A ,POINT:'_ IN 'THZ, -.CENTERLINE OF SAID CALLE . PALOMA (LOT "O. i) (HAVING �A RADIUS;_OF .630..00 • FEET) THROUGH WHICH POINT'•A :RADIAL LINE BEARS'"NORTH ;3'4 DEGRE{E8 3.9' 19.". WEST; THENCE�,-BOUTHWESTERLY'ALON­iiG,SAID CENTERLINE,, BEING ALSO ALONG THE ARC OF SAID 630.00• FOOT RADIUS' `-CURVE, CONCAVE "NORTHWESTERLY, THROUGH. A �CENTRAL'ANGLE- OF 3. •DEGREES' 3846" FOR" AN ARC DISTANCE OF 40.09.' FEET THROUGH WHICH: POINT 'A.` RADIAL LINE BEARS NORTH '31 DEGREES 00.! 3'3'! WEST; ' THENCE' `NORTH 3,1 'DEGREES.'{. OO' ` 33" WEST, ALONG SAID . RADIAL LINE A DISTANCE OF 30.00 FEET` .TO THE -TRUE PQI-NT OF -YBEGINNING. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE; IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED .IN 'SAID POLICY FORM WOULD BE ' AS FOLLOWS'; 1. GENERAL AND SPECIAL COUNTYTAXES; .FOR THE. FISCAL `YEAR 1993-94. FIRST. INSTALLMENT $_694.12= .ELINQUENT,.I.-PLUS PENALTY $69.41. SECOND `,INSTALLMENT $694 1'2. `CODE 'NO. 020-016. ASSESSMENT NO. 769-132=015-0:5' (PORTION OF BOND AMOUNT' .INCLUDED,) 2. SALE TQ`THE STATE OF-:CALIFORNIA FOR .GENERAL AND SPECIAL DELINQUENT TAXES FOR. THE FISCA I`YEAR`� 1991-9.2 . -AMOUNT TO REDEEM 'PRIOR ..TO JANUARY . 3:1,. X99'4.,:-.-BEING' $515 ..19:. CODE `NO: 020-016. ASSESSMENT 'NO_. .769-132-0'15­0. 3. THE LIEN OF SUPPLEMENTAL TAXES,`'IF ANY, ASSESSED PURSUANT; TO CHAPTER 3.5'.'COMMENCING WITH SECTION;.'75 OF.THE CALIFORNIA REVENUE AND TAXATION CODE. 4. MUNICIPAL. IMPROVEMENT­BOND LA,QUINTA.FILED IN THE'OFFICE OF THE TREASURER' OF--'THE MUNI�'TINANCIAL SERVICES =BOND AMOUNT TO FOLLOW. 5. AN-EASEMENT FOR �PUBLIC°UTILITTES AND `INC-3DENTAL PURPOSES, AS SHOWN ON THE MAP. OF SAID TRACT,":LOCATED WITHIN .THE NORTHWESTERLY 5 FEET OF SAID LAND..- .6. COVENANTS; CONDITIONS AND RESTRICTI0NS.'IN DOCUMENT .RECORDED DECEMBER 5,.-1947.: IN „BOOK 881 PAGE 99. - OF:` OFFICIAL RECORDS - :OF, RIVERSIDE--COUNTY, .CALIFORNIA, BUT`. `DELETING '-RESTRICTIONS IF ANY BASED UPON' RACE; COLOR, RELIGION OR' NATIONAL -,,ORIGIN,_ WHICH PROVIDE THAT A VIOLATION THEREOF ',SHALL, NOT,. -DEFEAT'' OR 'RENDER INVALID THE, -LIEN . 'OF ANY ` FIRST MORTGAGE 0R DEED OF; TRUST MADE IN 2002773 GOOD FAITH 'AND FOR VALUE., ALSO, AN``EASEMEN.T FOR.THE HEREINAFTER SPE CIFIC.P.URPOSE.'AND INCIDENTAL S,.. PURPOSE -AS.: -SET FORTH IN THE DOCUMENT. ABOVE. MENT-IONED:;,'. SAID.,EASEMENT. IS FOR -PUBLIC UTILITIES, AND CANNOT . BE LOCATED FROM: THE : RECORDS'. 7. THE WATER .RIGHTS WERE. EXCEPTED'. - FROM SAID LAND -'.IN DEED EXECUTED .BY THE DESERT CLUB;;. RECORDED' DECEMBER 9, 1948 IN BOOK 1033 PAGE 4.97: OF OFFICIAL RECORDS; OP RIVERSIDE COUNTY, CALIFORNIA. THIS' REFERENCE: IS MADE -FOR INFORMATION ONLY AND THE POLICY, WHEN ::ISSUED,::WILL `NOT .INSURE AGAINST LOSS BY REASON OF SAID WATER RIGHTS. 8. AN - EASEMENT-:. FOR. .THE '� HEREINAFTER,, SPECIFIC PURPOSE AND INCIDENTAL PURPOSES, IN FAVOR -%OF :',DESERT 'CLUB, IN INSTRUMENT RECORDED DECEMBER 9, 1948,: IN `:BOOK 1.0:3.3 ..:.PAGE 497 OF OFFICIAL . RECORDS''OF. RIVERSIDE COUNTY., CALIFORNIA.. SAID: `EASEMENT IS 'FOR RIGHT.. OF WAY, .INGRESS:, EGRESS D, POLE LINES, AND CANNOT BE LOCATED FROM THE RECORDS. 9. COVENANTS,,.CONDITIONS AND:,.RESTRICTIONS IN' DOCUMENT RECORDED DECEMBER 9'', 1948 IN. BOOK-1033-'.;,PAGE­'-,1.4§7',.OF..OFFICIAL RECORDS OF RIVERSIDE -COUNTY, CALIFORNIA; BUT DELETING ''.RESTRICTIONS IF ANY BASED UPON RACE, COLOR, REL.IGION'.OR NATIONAL ORIGIN. 10. AN . -_EASEMENT FOR -THE "HEREINAFTER SPECIFIC PURPOSE AND INCIDENTAL- PURPOSES, IN, FAVOR OF. IMPERIAL.. IRRIGATION DISTRICT-, IN INSTRUMENT RECORDED OCT•OBER:.8, 1:9,91.-AS.INSTRUMENT NO. 348096 OF OFFICIAL..RECgRDS•',.0 RIVERSIDE COUNTY,;, CALIFORNIA. SAID -EASEMENT IS FOR .UNDERGROUND ELECTRIC -LINES ..AND 'IS LOCATED WITHIN THE SOUTHWESTERLY 5 FEET.'OF SAID LAND.` 11. ANY PRIVATE` EASEMENTS OR LESSERi,-RIGHTS IN,•� .TO, OR OVER CALLE PALOMA `THAT' WERE NOT AFFECTED BY THE PROCEEDINGS VACATING.,'. -SAI , CALLE' PALOMA AS THE 'SAME:°.WAS= .VACATED;, BY INSTRUMENT RECORDED -MARCH 17, 1992 AS` INSTRUMENT. NO.. 131380• _AND RECORDED' APRIL 14, 1992 AS INSTRUMENT NO. 131386. OF:OFFICIAL.RECORDS 'OF RIVERSIDE COUNTY, CALIFORNIA.: NOTE:, THE FORM.OF'POLICY OF. TITLE INSURANCE CONTEMPLATED BY THIS REPORT 'IS: PAGE 5 .. Ie•. - � __ r - � /03. /.a7. ] tat -. 1'.. tam..; - _ ,. •ter ,ten 41 01-0 - - — - ----- - - —.4 VENIDA — LA F-ONDA - ' jun oto +•. •'r+ w. � � " M.8 2 //6/-62 Desert Club Trocl Unit No. 5 _ ASSESSOR'S NAP. BK. 76.9 PG. l3 _ _ _ R/VERS/OE . COUNT Y, CAL IF. FIRST AMERICAN 111 LE INSU"Pet.t' COMPANY ., ' MCI 3625 Fourteenth ;traicr - 6f34.1600 River Irfe, Califon;ic 9��01 . . •71113 17100 11lty Or :Tt'.V t;U: vC 0 :aRVCy p tfTe land upo .i.^!+ld 11-c"!'. lu P03e not rely upon +t fur uny purf>ose location, ` then.oriente:io;: tq thr, coneral of tho',porcel cr parcols depicted. f=irst Amarica_n Ti,lo expressly disciahns any IiabiMty. for alleged loss or damegc zs- d9-/3 which may resultfrom reliance 11)n. 769-13 T A. A. 020 -016. A 2 Q 4 -C.- -this map" • 7 ,„,S MAP• /S FOR 020-063- / Y / Y II SE SE 6 T CJS R E. - .ASSESSMENT FVFPOSES' ONL ✓ 020- 070 J �� p - 07 ' - - -t — AVEN/DA — - T TAMP/CO O - • -- =- { ' _. 1e •Ll.ol )a ,J t. I ,• :)u 1.9.1i .' <.11 .rRA 020-06J .lol,e .. On nu `020 063 90' _ ).. •'r W. 19 al. li )191 ' • r O / .. C 9l / '0 6 O /O/ / .o O 7 u2 O- e )00 - �. • 7 �✓� / r .O /00 •at .. ,a• /?J .. O 110 O /2 .0 126 /27 o J 102 It• /35 s .. Ie•. - � __ r - � /03. /.a7. ] tat -. 1'.. tam..; - _ ,. •ter ,ten 41 01-0 - - — - ----- - - —.4 VENIDA — LA F-ONDA - ' jun oto +•. •'r+ w. � � " M.8 2 //6/-62 Desert Club Trocl Unit No. 5 _ ASSESSOR'S NAP. BK. 76.9 PG. l3 _ _ _ R/VERS/OE . COUNT Y, CAL IF. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Dale of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American land Title Association lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part one: 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE 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 and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) 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 ora 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 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. 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. 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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at 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. 4. Unenforceabi lily 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 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 statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 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 and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 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. 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) 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 estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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: No One: 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and riot shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 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 any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use land division • improvements on the land environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. "