LLA 1994-185CITY OF LA QUINTAsm
�3
_—S.LANNING & DEVELOPMENT DEPARTMENT '
7.8—HS-CALLL=-ESTADO CITY OF LA QUINTd
QUINTA, CALIFORNIA 922$Inning&DevelopmentDep8ftW*
70-495 Calls Tampico
1\10v 0 7 ISS4 P.Q. Box 1504
- jPP ATION FOR LOT LINE ADJUSTMENT Quinta, CA 92253
OFFICE USE ONLY
ZV r II
Zoning: LLA No.
'I Related Cases: �jz Z(, 1,,
I
I
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iI Reviewed By: Date••f—�% _ l
APPLICANT Topaz Associates, L.P. a California limited partnersnip
Name: By: Century Homes Communitifalifnrnia Corporation, General Partner
Address: 1535 South "D" Street. Ste.200 Daytime
(Mailing) San Bernardino, CA 92408 Phone: 909 381-6007
(City) (State) (Zip)
PROPERTY OWNERS
Owner "A" Name: Same as Above
Address:
Phone:
(City) (State) (Zip)
Owner "B" Name: Same as Above
Address:
(City) (State) (Zip) Phone:
Owner "C" Name:
Address:
PROPERTY DATA
Same as Above
Phone:
(City) (State) (Zip)
Property
A:
Assessor's Parcel Number:
604-061-002
Street Address (if any):
N/A
Property
B:
Assessor's Parcel Number:
694-061-003 & 001
Street Address (if any): �T
Property
C:
Assessor's Parcel Number:
Wdt-Uo1-004
Street Address (if any):
N/A
ADJUSTMENT REQUESTED: Revision to existing parcels
to conform to proposed
Tract ooundary
of
Tr.26!88.
REASON FOR REQUEST: Revision to Tract recording over necessitiates
creation of a boundary for Tract 2fiixx
t T
9 , r" c
C\, q
(�� �•f}. �� .. � �i �LY 4 �: � r 1I, III
I� .. 0OU �l Ell
I/We hereby certify that: 1) I am/We are the record owner(s) of
all parcels proposed for merger by this Application; (2) I/We have
knowledge of and consent to the filing of 'this Application; and,
3) The information submitted in connection with this Application
is true and correct.
Uwner: Topaz Associates, L.P., a California limited partnership
By: Century Homes Communities, a California corporation
as its General Partner
By:�t•-f/� Date•
Gar W ntraub, Assistant secretary
Representative
Signature:
(Attach Letter(s) of Authorization)
MR/FORMLLA.001
JUNE 1989
Date
0
UNANIMOUS WRITTEN CONSENT TO CORPORATE
ACTION BY DIRECTORS OF
r
PAVELAK CONSTRUCTION COMPANY, INC.
A California Corporation
The undersigned are all of the duly elected and
acting members of the Board of Directors of the above -named
Corporation, and by this writing approve the following
resolutions and consent to their adoption:
RESOLVED, that Richard T. Davalos, Tony
P. Scimia and Gary A. Weintraub are
hereby appointed to serve as Assistant
Secretaries of this Corporation.
RESOLVED FURTHER, that each of such
officers may, by his signature alone,
execute agreements of purchase and sale,
exchange agreements, escrow instructions
and similar documents reasonably related
to the acquisition and disposition of
real property on behalf of this
Corporation.
RESOLVED FURTHER, that any conveyance of
title to real property owned by this
Corporation, including grant deeds, quit-
claim deeds, land sale contracts and
similar documents encumbering real
property owned by this Corporation,
including promissory notes, deeds of
trust, mortgages, leases, ground leases
and similar documents, will require the
execution and acknowledgment by any one
of such Assistant Secretaries together
with one other authorized officer of this
Corporation in order to bind the
Corporation to the conveyance, alienation
or encumbrance of such real property.
RESOLVED FURTHER, that a copy of these
resolutions shall be delivered to any and
all persons or entities requiring proof
of the powers vested in such officers by
this Board of Directors.
This Consent is executed pursuant to Section 10 of
Article III of the Bylaws of this Corporation, and Section
307(b) of the California Corporations Code, both of which
authorize the taking of action by unanimous written consent
without a formal meeting of the Board. This consent is to
be filed with the minutes of regular Board proceedings.
DATED: June 7, 1988 A
-2-
CSA0561B
CR8822 11/2
RECEIPT City of La ouinta, 78-495 Calle Tampico, P. O. Box 1. 04, La Quinta CA 92253
DA E //"1-7 19 l NO.( 020
RECEIVED FROM
ADDRESS 71
DOLLARS $ �7
FOR
ACCOUNT HOW PAID
AMT.OF CASH
ACCOUNT
AMT. PAID CH
A MON Y
DUE ORDER I'
11
-rj02`;
LOT LINE 125.00
0
To: Future Staff
From: GregTrousdell MEMORANDUM
Subject: LLA 94-185
Date: June 16, 1995
They have recorded Tract Map 26188; therefore, pursuant to discussions with Dennis
Cunningham (Century Homes) and Brian Esgate (Project Engineer) this case is withdrawn.
u
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
City of La Quinta
P.U. Box 1504
La Quinta, CA 92253
(No fee, Government Code 6103)
MAIL
IVIJ IU:
Ernest U. Vincent
Century Homes Communities
1535 South "D" Street
Suite 200
San Bernardino, CA 92408
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $....... "."0.'.....
.....................
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or
encumbrances remaining at time of sale
City of La Quinta
Signature of Declarant orAgent determining tax -Firm Name
APN:
TRA: GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
TOPAZ ASSOCIATES, LP,a California limited partnership
hereby GRANT(S) to
TUPAZ ASSOCIATES, LP,a California limited partnership
the real property in the City of
County of State of California, described as
PARCEL 1
SEE EXHIBIT "A" ATTACHED HERERTU
THIS DEED REFLECTS LOT LINE ADJUSTMENT NU.94-185 AS
APPROVED BY THE CITY OF LA QUINTA.
Dated
STATE OF CALIFORNIA } as.
COUNTYOF San Bernardino } "
On November 2, 1994 beforeme,
Doris A. Benoit, Notary Pub Tc
personally appeared *Gary Weintraub*
personally known to me (o
evideace) to be the person(s)whose nameW is/are subscribed to the within
instrument and acknowledged tome that he/sheAhey executed the same in
his/he4heir authorized capacity(i"a} and that by his/heNiheir signature(*
on the Instrument the person(* orthe entity upon behalf cfwhich the person
acted, executed the instrument.
Topaz Associates, L.P., a
California limited partnership
By: Century Homes Communities, a
La T ci Corporation, G.P.
BY:
��
r-- ary,,Weintraub, Assistant Secretary
~ DORIS A. BENOIT
va Comm. NB. 997106
NOTARY PUBLIC - CALVORNIA W
Ur SAN BERNARDINO COUNTY N
La•" My Comm. Exp. Juno 13, 1997
WITNESS my han an Hiciall seal
Signature' Z' t—/ �7L-1.1��� (I his area fcroffcial notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE 1002(1/94)
E
EXHIBIT 'AN
LOT LINE ADJUSTMENT NO, 94-185
PARCEL 1
the following described real property in the City of La Quinta County of
Riverside, State of California:
A portion of the Northeast 1/4 of the Northwest 114 of the Southwest 1/4
and a portion of the Northwest 1/4 of the Northwest 1/4 of the Southwest
1/4 of section 20, Township 5 South, Range 7 East, San Bernardino Base and
Meridian more precisely described as follows:
Beginning at the West corner of said Section 20, said point also being the
intersection of Miles Avenue and Adams Street; thence North 89 Degrees 35
Minutes 30 Seconds East along the centerline of said Miles Avenue a
distance of 663.44 feet to the TRUE POINT OF BEGINNING;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 365.61 feet;
thence South 89 Degrees 47 Minutes 32 Seconds West a distance of 25.02 feet;
thence South 00 Degrees 12 Minutes 28 Seconds East a distance of 280.00 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 25.05 feet;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 15.96 feet;
thence North 89 Degrees 36 Minutes 22 Seconds East a distance of 495.08 feet;
thence North 00 Degrees 12 Minutes 28 Seconds West a distance of 28.51 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 168.43 feet;
thence North 00 Degrees 13 Minutes 15 Seconds West a distance of 633.77 feet;
thence South 89 Degrees 35 Minutes 30 Seconds West a distance of 663.44 feet
to the TRUE POINT OF BEGINNING.
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. 94-185 AS
APPROVED BY THE CITY OF LA QUINTA.
I I
I
PLAT OF NEW ARCELS
LOT LINE ADJUSTMENT NO. 94- IsS
IN THE CITY OF LA QUINTA
[N 89-35.30- E
(N 89-35.30-
<1328=4
D. /' I.P. ON. I - IN WELL MON. \
'RIVERSIDE COUNTY SURVEYOR' PER
P.M. 67/41 6 M.B. 223126-29.
ACCEPTED AS THE W. 114 COR. SEC.
20.
\ \ N.6 25-02'2'E.
5.02'
W'LY LINE OF THE S.W. 114 OF
SEC. 2" ESTABLISHED BETWEEN R
FD. MONUMENTS, PER M.B. 223/ v
2629. \ M
r u663.59 n
WLY LINE OF THE S.W. 114 OF
SEC. 20. ESTABLISHED BETWEE
FD. MONUMENTS. PER M.B. 22i
26 29.
MILES
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Z C�V
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romi �09 ryh N00./
z
TR. NO. 23935-3, M8. 24B/ 59-61.
ACCEPTED AS THE POINT OF INTER-
SECTION OF THE WESTERLY PRO-
LONGATION OF RECOVERED MONUMENTS
SET IN 1927 PER R.S. 8/80, AND
THE MONUMENTED WEST LINE OF THE
S.W. 1/4 SEC. 20, PER M.B. 223/
^'
26 -29,
3
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Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
City of La Quinta
P.U. Box 1504
La Quinta, CA 92253
(No fee, Government Code 6103)
MAIL TAX STATEMENTS TO:
Ernest U. Vincent
Century Homes Communities
1535 South "D" Street
Suite 200
San Bernardino, CA 92408
APN:
TRA
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ ...... ....0.'......._.................
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or
encumbrances remaining at time of sale
City of La Quinta
Signature of Declarant orAgent determining tax -Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
TUPAZ ASSOCIATES, LP,a California limited partnership
hereby GRANT(S) to
TOPAZ ASSOCIATES, LP,a California limited partnership
the real property in the City of
County of
PARCEL 2
SEE EXHIBIT "A" ATTACHED HERERTO
THIS DEED REFLECTS LUT LINE ADJUSTMENT NO.94-185 AS
APPRUVED BY THE CITY OF LA QUINTA.
Dated
STATE OF CALIFORNIA } BE.
COUNTY OF San Bernardino }
On November 2, 1994 - _before me,
Doris A. Benoit, Notary Public
personally appeared *Gary Weintraub*
personally known to me
ewckFFee}to be the person(e) whose name(e) is/a Rasubscribed to the within
in strumen t and acknowledged tome that he/ske{Wey executed the same in
his/heFAheiPau thorized capacity(iec). and that by his/heNiheir signature(s)
on the I nstrumeTit the person(*orthe entity upon behalf of which the person
acted, executed the instrument.
State of California, described as
Topaz Associates, L.P., a
California limited partnership
By: Century Homes Communities, a
California Corporation, G.P.
BY: r
ar eintraub, Assistant Secretary
DORIS A. BENOIT 0
Comm. No. 997106 A
NOTARY PUBLIC - CALIFDRNIR 4,
BAN BERNARDINO COUNTY
My Comm. Exp. June 13, 1997 t
WITNESS my hand n ficial seal
) //{�', J(/-
Signature Iy�_L_7/%��`��' / (This area for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE 1002(1/e4)
EXHIBIT 'Am
LOT LINE ADJUSTMENT NO. 94-185
PARCEL 2
The following described real property in the City of La Ouinta County of
Riverside, State of California:
The Southwest 1/4 of Section 20, Township 5 South, Range 7 East, San
Bernardino Base and Meridian ACCEPTING THEREFROM:
The Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 Northwest
of said Section 20; ALSO ACCEPTING THEREFROM:
Beginning at the West comer of said Section 20, said point also being the
intersection of Miles Avenue and Adams Street; thence North 89 Degrees 35
Minutes 30 Seconds East along the centerline of said Miles Avenue a
distance of 663.44 feet to the TRUE POINT OF BEGINNING;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 365.61 feet;
thence South 89 Degrees 47 Minutes 32 Seconds West a distance of 25.02 feet;
thence South 00 Degrees 12 Minutes 28 Seconds East a distance of 280.00 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 25.05 feet;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 15.96 feet;
thence North 89 Degrees 36 Minutes 22 Seconds East a distance of 495.08 feet;
thence North 00 Degrees 12 Minutes 28 Seconds West a distance of 28.51 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 168.43 feet;
thence North 00 Degrees 13 Minutes 15 Seconds West a distance of 633.77 feet;
thence South 89 Degrees 35 Minutes 30 Seconds West a distance of 663.44 feet
to the TRUE POINT OF BEGINNING.
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. 94-185 , AS APPROVED
BY THE CITY OF LA OUINTA.
Y ® PLAT OF NEWIARCELS
LOT LINE ADJUSTMENT NO. `f4- I.S
IN THE CITY OF LA QUINTA
I
N
n
89'35'30"
FD. 1' I.P. DN. 11' IN WELL MON.
'RIVERSIDE COUNTY SURVEYOR' PER
P.M. 87/01 8 M.B. 223126 29.
ACCEPTED AS THE W. 1P/ COR. SEC.
20.
\ \ N.82S,D2.2'E
5.02•
XNli
W'LY LINE OF THE S.W. 1/4 OF
SEC. 20, ESTABLISHED BETWEEN
FD. MONUMENTS, PER M.B. 223/
26-29.
[1663. 5L
FD. LR, FLUSH W/METAL
TAG STAMPED R.OE.21.884 PER
TW N0 23935-3, MB. 2G8/ 59-61.
ACCEPTED AS THE POINT OF INTER-
SECTION OF THE WESTERLY PRO-
LONGATION OF RECOVERED MONUMENTS
SET IN 192? PER RS B/a
"" LINE OF THE S.W. 11< OF
SEC. 20. ESTA6LISHEDBETWEE'
FO. MONUMENTS, PER M.B. 223
26-29.
MILES
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iry O .1�y PB a)
k92.7
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N.89°36'22'E. O�j
1/EN 95.08'
LIDPRE✓ouS
� �P,QGEL G�:UN�S N
a ; /
0, AND
THE MONUMENTED WEST LINE OF THES.W. 1/4 SEC. 20, PER M.B. 223/
26 -29. e
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Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
City of La Quinta
P.U. Box 1504
La Quinta, CA 92253
(No fee, Government Code 6103)
MAIL
TO:
Ernest U. Vincent
Century Homes Communities
1535 South "D" Street
Suite 200
San Bernardino, CA 92408
APN
TRA
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ .......... 0.'......................._.
.....Computed on the consideration orvalue of property conveyed; OR
.....Computed on the consideration or value less liens or
encumbrances remaining at time of sale
City of La Quinta
Signature of Declarant or -Agent determining tax-F I" Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
hereby GRANT(S) to
TOPAZ ASSOCIATES, LP,a California limited partnership
TOPAZ ASSOCIATES, LP,a California limited partnership
the real property in the City of
County of PARCEL 3 State of California, described as
SEE EXHIBIT "A" ATTACHED HERERTU
THIS DEED REFLECTS LOT LINE ADJUSTMENT NU. 94-185
APPROVED BY THE CITY OF LA QUINTA.
Dated
STATE OF CALIFORNIA ) as.
COUNTY OF San Bernardino }
on November 2, 1994 before me,
Doris A. Benoit, Notary Pu6Tic
personally appeared *Gary Weintraub*
personally known to me
euwil a )to be the person(s) whose name(e) is/a subscnbed to the within
instrument and acknowledged tome that he/ch-'U,% executed the same in
his/he444e uthorized capacity(ies). and that by hlsAtiePAletrsignature(&)
on the Instrument the person(s) orthe entity upon behalf of which the person
acted, executed the instrument.
Topaz Associates, L.P., a _
California limited partnership
By: Century Homes Communities, a
California Corporation, G.P.
BY:
G Weintraub, Assistant Secretary
., DORIS A. "E "'2
w Comm. No. 99710E
K NOTARY PUBLIC CALIrORNIS N
(J SAN BERNARDINO COUNTY ,-
My Comm. Ex,June 13, 1997
WITNESS my han//d/ a//n/n/��//oo�,�ffciaa+ll seal /
SignatureV.l�iLd� �/- F (This area foroffcial notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE 1002(1194)
First American Title Insurance Company
A subsidiary of The First American Financial Corporation
EXHIBIT'A'
LOT LINE ADJUSTMENT NO. 94-185
PARCEL 3
The following described real property in the City of La Quinta County of
Riverside, State of California:
The East 1 /2 of the Southwest 1 /4 of Section 20, Township 5 South, Range 7
East, San Bernardino Base and Meridian ACCEPTING THEREFROM:
Beginning at the West corner of said Section 20, said point also being the
intersection of Miles Avenue and Adams Street; thence North 89 Degrees 35
Minutes 30 Seconds East along the centerline of said Miles Avenue a
distance of 663.44 feet to the TRUE POINT OF BEGINNING;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 365.61 feet;
thence South 89 Degrees 47 Minutes 32 Seconds West a distance of 25.02 feet;
thence South 00 Degrees 12 Minutes 28 Seconds East a distance of 280.00 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 25.05 feet;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 15.96 feet;
thence North 89 Degrees 36 Minutes 22 Seconds East a distance of 495.08 feet;
thence North 00 Degrees 12 Minutes 28 Seconds West a distance of 28.51 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 168.43 feet;
thence North 00 Degrees 13 Minutes 15 Seconds West a distance of 633.77 feet;
thence South 89 Degrees 35 Minutes 30 Seconds West a distance of 663.44 feet
to the TRUE POINT OF BEGINNING.
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. g4_189 , AS APPROVED
BY THE CITY OF LA QUINTA.
PLAT OF NEW PARCELS
LOT LINE ADJUSTMENT NO. `4- Is5
IN THE CITY OF LA OUINTA
_. I ! �� [N 8W35'30-
WUJI
W
d'
F-
N
WILY LINE OF THE S.W. 1/4 OF
SEC. 20. ESTABLISHED BETWEE'
FD. MONUMENTS, PER M.B. 22-
28 29.
MILES
FD. i' I.P. DN. Il- IN WELL MON.
'RIVERSIDE COUNTY SUR VEYDR' PEA N m n
P.M. 67/41 6 M.B. 223126-29. ui ri
ACCEPTED AS THE W. 114 COR. SEC. •o n m
zo. q zo
N.825-02'2'E.28.02• Pti 3
I =
n n • ry �0 "y. We22 f 2!
If N.89.36'22'E.
PRc� 11 /EN 95.08' PPE✓Ous
a
y" PP,QG�L �uN�S D
Al N
\ \ 4OF
WILY LINE OF THE S.W. 1/4 OF I .
SEC. 20. ESTABLISHED BETWEEN
I FD. MONUMENTS, PEA M.B. 223/
26-29. n /
\ \ N N
r,
I m
FD. I I.P., FLUSH W/METAL
TAG STAMPED R.CE.21884 PER
TR. N0. 23935-3,MB. 24B/59-61.
ACCEPTED AS THE POINT OF INTER-
SECTION OF THE WESTERLY PRO-
LONGATION OF RECOVERED MONIA$1415
SET IN 1927 PER AS. 8/80. AND
THE MONUMENTED WEST"OF TIE
S.W. I/4 SEC. 20. PER M.B. 223/
-'
26-29
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¢663.6T'j] �-�j'y
((663.67�]]
1
County Recorder
County of Riverside
PO Box 751
Riverside, CA 92502
126
Subject: Lot Line Adjustment 94-18-2—
Dear Sir:
Enclosed, please find the attached notarized Grant Deeds and
revised legal descriptions for 10-ts�03-aitd-z44-of-firms—Z6.
Please record and return a copy of these gocuments to this o fice
so our records can be updated. A self addressed envelope
enclosed.
Thank you for your assistance.
If you have any questions, please contact the',undersigned.
Greg.
Encl.
leO
L-1
November 15, 1994
County Recorder
County of Riverside
P.O. Box 751
Riverside, CA 92502
SUBJECT: LOT LINE ADJUSTMENT 94-18.5
Dear Sir:
Enclosed, please find the attached notarized Grant Deeds and revised legal descriptions for
; 0-2
proper tx generally south of Miles Avenue, and east of Adams Street. Please record and
return 'a copy of these documents to this office so our records can be updated. A self
OA—VI�e�
addressed envelope is enclosed.
4
Thank you for your assistance.
1,TRG'I'.339
If you should have any questions, please contact the undersigned.
Very truly yours,
JERRY HERMAN
COMMUNITY DEVELOPMENT DIRECTOR
GREG TROUSDELL
Associate Planner
GT:kaf
Enclosure
LTRGT.339
0 0
Twyl 4
78.495 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 - (619) 777-7000
FAX (619) 777-7101
November 9, 1994
Mr. Ernest O. Vincent, Vice President
Corporate Legal
Century -Crowell Communities
1535 South "D" Street, Suite 200
San Bernardino, CA 92408
SUBJECT: LOT LINE ADJUSTMENT 94-185
Dear Mr. Vincent:
We are in receipt of your application request to adjust the property line boundaries for
Tentative Tract 26188. Please have a licensed Surveyor or Civil Engineer sign each legal
description for Parcels 1, 2 and 3 so that we can proceed with the recordation of each Grant
Deed.
If you have any questions, please contact our office at (619) 777-7067.
Very truly yours,
Associate Planner
GT:kaf
LTRGT.337
DEVELOPMENT DIRECTOR
MAILING ADDRESS - P.O. BOX 1504 . LA QUINTA, CALIFORNIA 92253
V
4
11
11
TRANSMITTAL MEMO
TO: CITY MANAGER
_PARKS DEPARTMENT
_BUILDING & SAFETY
CODE ENFORCEMENT
FIRE
COMMUNITY DEVI
GREG TROUSDELL
DATE: //- 7 - Sy
SUBJECT: PROJECT REVIEW
CASE:
L--fUBLIC WORKS DEPARTMENT
'ERRY HERMAN
TAN SAWA
DEPARTMENT-
PLEASE REVIEW AND PROVIDE ANY COMMENTS YOU MAY HAVE
ON THEATTACHED ITEM BY
CITY OP LA U
PLANNING i DEVELOPMENT DEPARTMENT
LA QUI0Tl CALIFORNIA
=E9TApp22 CRY OF LA MA
irq a 95 Caff ma:y Dap kMW
)b-4�J5 CaEa Tangbp
APPLICATION FOR LOT LINE ADJUSTMENT Quita,CA 9�2253
i
--------------
OFFICE USE ONLY
Zoning: LLA No.
Related Cases: /�
Reviewed By:
Date: Z/
APPLICANT Topaz Associates. L.P. a California limited partnership
Name: By: century Homes Communit rrpt�n Address: 1535 South D Street �aDa corporation. General Partner
(Mailing) an ernardino G1 y2 ut Phone: igpyi
(City) (State) (Zip)
PROPERTY OWNERS
owner "A" Name: _Same as Above
Address:
(City) (State) (Zip) phone:
Owner "B" Name: Same as Above
Address:
lC ty) (state Z P Phones
Owner "C" Name: Same as Above
Address:
C ty) State E P Phone:
PROPERTY DATA
Property A: Assessor's Parcel Number: 604-061-002
Street Address (if any):
Property 8: Assessor's Parcel Number: 604-061-003 8 001
Street Address (if any):
Property C: Assessor's Parcel Number: 604-061-004
Street Address (if any): N/A
ADJUSTMENT REQUESTED: Rlvision to existing parcels to conform to brobesed Tract boundary of Tr.2bi88.
REASON FOR REQUESTt Revision to Tract recording order necessitiates
creation of
. Order No.
Esc w No.
Loan No.
WHEN RECORDED MAIL TO:
City of La Quinta
P.O. Box 1504
La Quinta, CA 92253
(No fee, Government Code 6103)
Ernest U. Vincent
Century Homes Communities
1535 South "Da Street
Suite 200
San Bernardino, CA 92406
MrIN
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ .......... .......
......................
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or
encumbrances remaueng at time of sale
City of La Quinta
Signaturo d Declarant orAgent determining to -Firm Name
TRA: GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
TOPAZ ASSOCIATES, LP,a California limited partnership
hereby GRANT(S) to
TOPAZ ASSOCIATES, LP,a California limited partnership
the real property in the City of
County of State of Callfomia, described as
PARCEL I
SEE EXHIBIT °Aa ATTACHED HERERTU
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. AS
APPROVED BY THE CITY OF LA QUINTA.
Dated
}
STATE OF CALIFORNIA
COUNTYOF San Bernardino } '
on November 2, 1994 before me,
r1s . eno t, Notary PlillbliE=
Personalyappeared *Gary Weintraub*
personally known to me
evidaaae) tobethe person(owhose name(a) islareaubsaibedtothe within
instrumentendacknowledgedtome that hel91 eMa, executedthe same in
hislbarAheir authorized capacityliae). and that by hia/gerplwir signaturo*
on the Instrumenithe person%orthe entity upon beha ffofwhieh the person
acted, executed the instrument.
Topaz Associates, L.P., a
California limited partnership
By:' Century Homes Communities, a
orma Corporation, 97.
BY:
r eintraub, Assistant Secretary
„r DORIS A BERn p
N Cmnm. Ro. 99nos
som rc a sueuN
c-UUFW
a awazaauwaoauan11 „
or Comm, W. ha 1% Isar
WITNESS myhan a cis] a
Signature_ �= 1./ /\ �i//LC �— (rhis area for official notarial seaii
MAIL TAX STATFMFNTC ec nral rrcn cony=
EXHIBIT W
LOT UNE ADJUSTMENT NO.
PARCEL 1
the following described real property In the City of La Qulnta County of
Riverside, State of California:
A portion of the Northeast 1/4 of the Northwest 1/4 of the Southwest 1/4
and a portion of the Northwest 1/4 of the Northwest 1/4 of the Southwest
1/4 of section 20, Township 5 South, Range 7 East, San Bernardino Base and
Meridian more precisely described as follows:
Beginning at the West comer of said Section 20, said point also being the
Intersection of Miles Avenue and Adams Street; thence North 89 Degrees 35
Minutes 30 Seconds East along the centerline of said Miles Avenue a
distance of 663.44 feet to the TRUE POINT OF BEGINNING;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 365.61 feet;
thence South 89 Degrees 47 Minutes 32 Seconds West a distance of 25.02 feet;
thence South 00 Degrees 12 Minutes 28 Seconds East a distance of 280.00 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 25.05 feet;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 15.96 feet;
thence North 89 Degrees 36 Minutes 22 Seconds East a distance of 495.08 feet;
thence North 00 Degrees 12 Minutes 28 Seconds West a distance of 28.51 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 168.43 feet;
thence North 00 Degrees 13 Minutes 15 Seconds West a distance of 633.77 feet;
thence South 89 Degrees 35 Minutes 30 Seconds West a distance of 663.44 feet
to the TRUE POINT OF BEGINNING.
THIS DEED REFLECTS LOT UNE ADJUSTMENT NO. AS
APPROVED BY THE CITY OF LA QUINTA
Order No I
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
City of La Quinta
P.O. Box 1504
La Quinta, CA 92253
(No fee. Government Code 6103)
Ernest U. Vincent
Century Homes Communities
1535 South eDa Street
Suite 200
San Bernardino, CA 92408
APN:
TRA:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ ......... R.'..........................
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or
encumbrances remaining at time of sale
City of La Quinta
Signature of De lareMorAgent determining tax -Firm Name
!0\ a
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
TOPAZ ASSOCIATES, LP,a California limited partnership
hereby GRANT(S) to
TOPAZ ASSOCIATES, LP,a California limited partnership
the real property in the City of
County of
PARCEL 2
SEE EXHIBIT "Ae ATTACHED HERERTO
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. AS
APPROVED BY THE CITY OF LA QUINTA.
-0
}
STATE OF CALIFORNIA } ».
couNrvoF San Bernardino }
on November 2, 1994 before me,
Doris A. Benoit, Notary Public
personallyappeared *Gary Neintraub*
personally known to me
svideaae),to be the person(e)whose name(*) Wispesubscribed tothe within
nstrumentand acknowledgedtomethathe/sh*Ake4executedthe samein
hisMarAhei►authorized eapacity(we). and that by hialhepAhe* signature(*
on the Instiumentthe person%orthe entity upon behaffof which the person
Wed, executed the instrument
State of California, described as
Topaz Associates, L.P., a
California limited partnership
By:: Century Homes Communities, a
California corporation. . .
BY:
r eintraub, Assistant Secretary
DORIS A BENOIT p
a Comm. No. 997106 A
Way rosuo • rAure.au s,
ss So eEssANDIRa C*aarr ,.
a. omm. Epp. Jowls. 1,s7
WITNESS my hand al seal, �}'
Signature S�Xl.1.st�� 2( z (This area for official notarial seal)
MAII TAX RTATFMFNTR AR IIIRF(`TFr) ARn\/= �� +m
1
EXHIBIT W
LOT LINE ADJUSTMENT NO.
f kl:lt#�
The following described real property in the City of La Quint& County of
Riverside, State of California:
The Southwest 1/4 of Section 20, Township 5 South, Range 7 East, San
Bernardino Base and Meridian ACCEPTING THEREFROM:
The Southeast 114 of the Northwest 1/4 of the Southwest 1/4 Northwest
of said Section 20; ALSO ACCEPTING THEREFROM:
Beginning at the West comer of said Section 20, said point also being the
Intersection of Miles Avenue and Adams Street; thence North 89 Degrees 35
Minutes 30 Seconds East along the centerline of said Miles Avenue a
distance of 663.44 feet to the TRUE POINT OF BEGINNING;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 365.61 feet;
thence South 89 Degrees 47 Minutes 32 Seconds West a distance of 25.02 feet;
thence South 00 Degrees 12 Minutes 28 Seconds East a distance of 280.00 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 25.05 feet;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 15.96 feet;
thence North 89 Degrees 36 Minutes 22 Seconds East a distance of 495.08 feet;
thence North 00 Degrees 12 Minutes 28 Seconds West a distance of 28.51 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 168.43 feet;
thence North 00 Degrees 13 Minutes 15 Seconds West a distance of 633.77 feet;
thence South 89 Degrees 35 Minutes 30 Seconds West a distance of 663.44 feet
to the TRUE POINT OF BEGINNING.
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. . AS APPROVED
BY THE CITY OF LA QUINTA
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
City of La Quinta
P.U. Box 1504
La Quinta, CA 92253
(No fee, Government Code 6103)
MAIL TAX
Ernest u. Vincent
Century Homes Communities
1535 South "Do Street
Suite 200
San Bernardino, CA 92408
APN:
TRA:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $.... ...... 0'.........................
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or
encumbrances remaining at time Of sale
City of La Quinta
Signature of Declarant orAgent determining tax -Finn Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
TOPAZ ASSOCIATES, LP,a California limited partnership
hereby GRANT(S) to
TOPAZ ASSOCIATES, LP,a California limited partnership
the real property in the City of
County of PARCEL 3 State of California, described as
SEE EXHIBIT "Ae ATTACHED HERERTU
THIS DEED REFLECTS LOT LINE ADJUSTMENT NU. AS
APPROVED BY THE CITY OF LA QUINTA.
I=
STATE OF CALIFORNIA ) es.
couNTYOF San Bernardino )
on November 2, 1994 before me,
Doris A. BenoR, Notary Public
personalryappeared *Gary Heintraub*
personally known to me
evidenee)tobethe person(*)whose name(s) islawsubscribed to the within
instrument and acknowledged to me that hehbe" executed the own in
hisX94heirauthor¢edcapadty(wu). and that by hislperRheirsignature(s)
an the Instrument the person(s)ortheentity upon behalf ofwhichthe person
acted, executed the instrument
Topaz Associates, L.P., a
California limited partnership
By: Century Homes Communities, a
California Corporation, W.P.
BY: v
6 Weintraub, Assistant Secretary
.� -D A BENOIT O
Comm. No. 997106
rc UNARY PUSUC • CAUFORRIa
Q RRR BERRARDINO CawnP
my COMM. Ea,, Is" Is, ERN ~
ATNESSry7a aleeal�,
SignatureTC/•I//��T (This area for official notarial Real)
MAII TAX RTATGhAII AC nID!7f-=n Aonvr-
111
EXHIBIT W
LOT LINE ADJUSTMENT NO.
The following described real property In the City of La Qulnta County of
Riverside, State of California:
The East 1 /2 of the Southwest 1 /4 of Section 20, Township 5 South, Range 7
East, San Bernardino Base and Meridian ACCEPTING THEREFROM:
Beginning at the West corner of said Section 20, said point also being the
Intersection of Miles Avenue and Adams Street; thence North 89 Degrees 35
Minutes 30 Seconds East along the centerline of said Miles Avenue a
distance of 663.44 feet to the TRUE POINT OF BEGINNING;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 365.61 feet;
thence South 89 Degrees 47 Minutes 32 Seconds West a distance of 25.02 feet;
thence South 00 Degrees 12 Minutes 28 Seconds East a distance of 280.00 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 25.05 feet;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 15.96 feet;
thence North 89 Degrees 36 Minutes 22 Seconds East a distance of 495.08 feet;
thence North 00 Degrees 12 Minutes 28 Seconds West a distance of 28.51 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 168.43 feet;
thence North 00 Degrees 13 Minutes 15 Seconds West a distance of 833.77 feet;
thence South 89 Degrees 35 Minutes 30 Seconds West a distance of 663.44 feet
to the TRUE POINT OF BEGINNING.
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. . AS APPROVED
BY THE CITY OF LA QUINTA
PLAT OF NEW PARCELS
LOT LINE ADJUSTMENT NO.
IN THE CITY OF LA QUINTA
— I i i , [N 89'35'30"
N
G
Q
(N 89'35'30'
<1328.11'>,
FD. 1' I.I. ON. I - IN WE" MON. �
'RIVERSIDE COUNTY SURVEYOR' PER
P.M. 67/61 S M.B. 223/26-29.
ACCEPTED AS THE W. 1/6 COR. SEC\
20.
\ \ N.89y7,32.
E
23.02• .
N'LY LINE OF THE S.W. 1/1 Of
SEC. 20. ESTABIKNEDBETW JI
FD. MONUMENTS. PER M.B. 2'
26 29.
MILES
w
e
�1
m
ITIT
� QN% �� 96 l� pP,QCEL Gar[✓NSS% N
SEC.FWL0. E OF THE SW. ET OF // I
SEC. 30, ESTABl15NED BETWEEN A
F0. MONUMENTS. PER M.B. 223/
20-29.
n
i
39 v -- u663 60 v
FLUSH RVMETAL I 3
0 R.CE. 21886 PER
S-S.MB 240/39-61.
SET IN 1927 PER RA 0/80, AND
I THE MONUMENTED WEST UNE OF THE _
1 $A 1/6 SEC. 20, PER M.B. 223/
28-29. i
w
0
n
NI
[IP Zo
1 � v
N
N
!'1 ¢663.67v
U663.67
TO:
FROM:
DATE:
0
TRANSMITTAL MEMO
_CITY MANAGER
_PARKS DEPARTMENT
_BUILDING & SAFETY
_CODE ENFORCEMENT
_FIRE MARSHAL
SUBJECT:
CASE:
t--fUBLIC WORKS DEPARTMENT
vlERRY HERMAN
t-ITAN SAWA
COMMUNITY DEVELOPMENT DEPARTMENT -
GREG TROUSDELL
PROJECT REVIEW
PLEASE REVIEW AND PROVIDE ANY COMMENTS YOU MAY HAVE
ON THEATTACHED ITEM BY
COMMENTS:
® CITY Of LA OU
PLANNING i DML0PNW DEPARTMENT
LA QUINTA, CALIFORNIA 922 cny0PU WWA --- 1
nnino a Dsvekpnu:s 1
7odJ5 CaAa 7ampbp
D!
APPLICATION FOR LOT LINE WUSTMENTOt"P.O.n�cAots 1e=604
^ OFFICB USE ONLY
Zoning: / LLA No.
Related Cases:
Reviewed By:
Date: /��
APPLICANT Topaz Associates, L.P. a California limited Partnership
Name: By: Century Homes Co:t®un;r;e�
Address: 1535 South "D' Street S �ttn ra Co ration, General Partner
(Mailing) San Bernardino CA y2 Dayt me
luity) (State) Phone: i9uyl,
PROPERTY OWNERS
Owner "A" Name: Same as Above
Address:
(City) (State) (Zip) Phones
Owner "B" Name:
Address:
Same as Above
(city) (State y P Phones
owner "C" Name:
Address:
Same as Above
(city) State (zip) Phones
PROPERTY DATA
Property As Assessor's Parcel Numbers 604-061-002
Street Address (if any): _
Property B: Assessor's Parcel Number: 604-061-003 8 001
Street Address (if any)s _11
Property C: Assessor's Parcel Numbers 604-Uul-Du4
Street Address (if any): N/A
ADJUSTMENT REQUESTED: Revision to existing parcels to conform to Proposed
Tract boundary of Tr.2tii8e
REASON FOR REQUEST: Revision to Tract recording order necessitiates
creation of a boundary for Trarc l6 Lw
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
City of La Quinta
P.O. Box 1504
La Quinta, CA 92253
(No fee, Government Code 6103)
Ernest 0. Vincent
Century Homes Communities
1535 South eDa Street
Suite 200
San Bernardino, CA 92408
APN
SPACE ABOVE THIS LINE FOR RECORDER'S
DOCUMENTARY TRANSFER TAX $.. ........ 0...........
..................
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or
encumbrances remaining at time of sale
City of La Quinta
Signature d Declarant orAgent determming tax -Finn Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
TOPAZ ASSOCIATES, LP,a California limited partnership
hereby GRANT(S) to
TOPAZ ASSOCIATES, LP,a California limited partnership
the real property in the City of
County of State of California, described as
PARCEL 1
SEE EXHIBIT W ATTACHED HERERTU
THIS DEED REFLECTS LOT LINE ADJUSTNEKT NU. AS
APPROVED By THE CITY OF LA QUINTA.
Dated
STATE OF CALIFORNIA ) as.
couNrroF San Bernardino }
on November 2, 1994 before 1m,
Doris A. Benoit, Notary u c
persmanyappeared *Gary Weintraub*
personally known to me
avideaoe) to be the person(e)whose name(a) isfawsubscribed to the wIWn
instrument and adorowledged to me that he/ehe"executed the sa ms in
hisPA*a%eirauthorizedoapaeityfms and thatby hisrAwAhairsignature(s)
ont m Instrumentthe person(e)orthe entity upon behaNdwhieh the person
acted, executed the instument
Topaz Associates, L.P., a
California limited partnership
By: Century Homes Co®unities, a
California Corporation,
BY:
( j6 rkfeintraub, Assistant Secretary
--------------------
DORIS A BEN01r m
m Comm. No. 997106
a way MISIX -canotm to
p sse Knuomo mum r.
Mr Coax. EM r,s it no
WITNESS my ham a 'al seal �,��`?
Signature �, i"— (Phis area for ohcial notarial seal)
MAIL TAX STATEMENTS AS OIRFCTFn ARwF
EXHIBIT'A'
LOT LINE ADJUSTMENT NO.
PARCEL 1
the following described real property In the City of La Qulnta County of
Riverside, State of California:
A portion of the Northeast 1/4 of the Northwest 1/4 of the Southwest 1/4
and a portion of the Northwest 1/4 of the Northwest 1/4 of the Southwest
1/4 of section 20, Township 5 South, Range 7 East, San Bernardino Base and
Meridian more precisely described as follows:
Beginning at the West comer of said Section 20, said point also being the
Intersection of Miles Avenue and Adams Street; thence North 89 Degrees 35
Minutes 30 Seconds East along the centerline of said Miles Avenue a
distance of 663.44 feet to the TRUE POINT OF BEGINNING;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 365.61 feet;
thence South 89 Degrees 47 Minutes 32 Seconds West a distance of 25.02 feet;
thence South 00 Degrees 12 Minutes 28 Seconds East a distance of 280.00 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 25.05 feet;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 15.96 feet;
thence North 89 Degrees 36 Minutes 22 Seconds East a distance of 495.08 feet;
thence North 00 Degrees 12 Minutes 28 Seconds West a distance of 28.51 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 168.43 feet;
thence North 00 Degrees 13 Minutes 15 Seconds West a distance of 633.77 feet;
thence South 89 Degrees 35 Minutes 30 Seconds West a distance of 663.44 feet
to the TRUE POINT OF BEGINNING.
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. AS
APPROVED BY THE CITY OF LA QUINTA.
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
City of La Quinta
P.O. Box 1504
La Quints, CA 92253
(No fee, Government Code 6103)
TAX STATEMENTS TO:
Ernest U. Vincent
Century Homes Communities
1535 South aDe Street
Suite 200
San Bernardino, CA 92408
APN:
TRA:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $. ........ 0.......... I .................
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or
encumbrances remaining at time of sale
City of La Quints
Signature of Declarard orAgenl determining tax -Firm Nana
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
TOPAZ ASSOCIATES, LP,a California limited partnership
hereby GRANT(S) to
TOPAZ ASSOCIATES, LP,a California limited partnership
the real property in the City of
County of
PARCEL 2
SEE EXHIBIT aAe ATTACHED HERERTO
THIS DEED REFLECTS LOT LINE ADJUSTMENT N0. AS
APPROVED BY THE CITY OF LA QUINTA.
L=
STATE OF CALIFORNIA
COUNTYOF San Bernardino )
on November 2, 1994 bsraame,
Doris A. Benoit, Notary Public
personallyappearad *Gary Weintraub*
personally known to me (ar pmued So Rai on the basis-ot4allislas"
.evidapae)lobethe person(*)whose names) islareeubscribed tolhe within
nsbumentandacknowledgedtome that he1shaA"pxecutedthe same in
NsR+esNai,authorized eapacity(me). and that by N31140 Jlheirsignature(*
on the InstrumeMthe person(e)ortheentity upon behaHof which the person
acted, executed the instrument.
State of California, described as
Topaz Associates, L.P., a
California limited partnership
By:` Century Homes Communities, a
California Corporation, G.P.
B
r intraub, Assistant Secretary
DORIS 0. BENOR ro
y oxanL No. 9971! X
y WATT reaLR -CAUFO nx 0
sssasxsswaocwm .,
WITNESS myhand Gal seal
Signature + ��.sar z66� :e'z (This area For official notarial seQ
MAIL TAX STATEMENTS AS DIRECTED ABOVE tomznrea)
1
1
EXHIBIT W
LOT LINE ADJUSTMENT NO.
PARCEL 2
The following described real property in the City of La Quint& County of
Riverside, State of California
The Southwest 1/4 of Section 20, Township 5 South, Range 7 East, San
Bernardino Base and Meridian ACCEPTING THEREFROM:
The Southeast 1/4 of the Northwest 114 of the Southwest 1/4 Northwest
of said Section 20; ALSO ACCEPTING THEREFROM:
Beginning at the West comer of said Section 20, said point also being the
intersection of Miles Avenue and Adams Street; thence North 89 Degrees 35
Minutes 30 Seconds East along the centerline of said Miles Avenue a
diistanoe of 663.44 feet to the TRUE POINT OF BEGINNING;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 365.61 feet;
thence South 89 Degrees 47 Minutes 32 Seconds West a distance of 25.02 feet;
thence South 00 Degrees 12 Minutes 28 Seconds East a distance of 280.00 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 25.05 feet;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 15.96 feet;
thence North 89 Degrees 36 Minutes 22 Seconds East a distance of 495.08 feet;
thence North 00 Degrees 12 Minutes 28 Seconds West a distance of 28.51 feet,
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 168.43 feet;
thence North 00 Degrees 13 Minutes 15 Seconds West a distance of 633.77 feet;
thence South 89 Degrees 35 Minutes 30 Seconds West a distance of 663.44 feet
to the TRUE POINT OF BEGINNING.
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. . AS APPROVED
BY THE CITY OF LA QUINTA.
-Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
City of La Quinta
P.U. Box 1504
La Quints, CA 92253
(No fee, Government Code 6103)
MAIL TAX STATEMENTS TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ .... .....0...... .....................
Ernest O. Vin.....Computed on the consideration or value of properly conveyed; OR
ent
Century Homesmes CoIrosmuni LleS .....Computed on the consideration or value less liens or
1535 South NOR Street encumbrances remaining at time of sale
Suite 200 City of La Quinta
San Bernardino, CA 924DB Signature of Declarant orAgentdetermining tax -Firm Name
APN:
TRA: GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
TOPAZ ASSOCIATES, LP,a California limited partnership
hereby GRANT(S) to
TOPAZ ASSOCIATES, LP,a California limited partnership
the real property in the City of
County of PARCEL 3 State of California, described as
SEE EXHIBIT "Am ATTACHED HERERTO
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO.
APPROVED BY THE CITY OF LA QUINTA.
D
STATE OF CALIFORNIA } a&
couNTroF San Bernardino )
on November 2, 1994 betaro me,
Doris A. Benoit, Notary u u
personalyappeared ' *Gary Weintraub*
personally known to me
evidenee)tobelhe person(s)whose name(R) WarwsubaaLedtothewithin
instrument and acknowledgedtome that helahalthey executed the same in
hWwPAAhsirauthorizednpa*(jmA). and that by hislAsrMeirsignature(s)
on the Instrumen the person(e)arse entityupon behalfofwhich the person
acted, executed the instrument.
Topaz Associates, L.P., a
California limited partnership
By: Century Homes Communities, a
California orpora ion,G.P.
BY:C77—
6 Weintraub, Assistant Secretary
.+ OORIS A SMOrr O
Comm. U 997106
1L' NOTARY PUBLIC - CAUPORIUt N
(� ,A, BEBBANDWO COUNTY
■r Cawm. Earl ANN la, IBAjll�~
WITNESS my hxa eal
Signature- Ddel s1- (This area for official notarialseaq
MAIL TAX STATFMFNTR AR nlP=(Tl=n eanvc
n
E)HBIT W
LOT LINE ADJUSTMENT NO.
PARCEL 3
The following described real property In the City of La Quinta County of
Riverside, State of California:
The East 1/2 of the Southwest 1/4 of Section 20. Township 5 South, Range 7
East, San Bernardino Base and Meridian ACCEPTING THEREFROM:
Beginning at the West corner of said Section 20, said point also being the
intersection of Miles Avenue and Adams Street; thence North 89 Degrees 35
Minutes 30 Seconds East along the centerine of said Miles Avenue a
distance of 663.44 feet to the TRUE POINT OF BEGINNING;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 365.61 feet;
thence South 89 Degrees 47 Minutes 32 Seconds West a distance of 25.02 feet;
thence South 00 Degrees 12 Minutes 28 Seconds East a distance of 280.00 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 25.05 feet:
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 15.96 feet;
thence North 89 Degrees 36 Minutes 22 Seconds East a distance of 495.08 feet;
thence North 00 Degrees 12 Minutes 28 Seconds West a distance of 28.51 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 168.43 feet;
thence North 00 Degrees 13 Minutes 15 Seconds West a distance of 633.77 feet;
thence South 89 Degrees 35 Minutes 30 Seconds West a distance of 663.44 feet
to the TRUE POINT OF BEGINNING.
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. . AS APPROVED
BY THE CITY OF LA OUINTA
PLAT OF NEW PARCELS
_II
it
I
r
n
m
F
W
W
C
N
LOT LINE ADJUSTMENT NO.
IN THE CITY OF LA QUINTA
N'lT EDiE OF THE S.W. 1N Off
SEC. 20. ESTABEISMEO BET
FO. MONUMENTS. PER M.B. 2
20 29.
MILES
8W35'30• E] (N 89.35':
<1328.11
FO. 1• I.I. ON. 1'1' IN WELL MON.
'RIVERSIDE COUNTY SURVEYOR' PER M as
P.M. 67/01 S M.B. 223/2629. Ni 1 n
ACCEPTED AS THE W. IN CDR. SEC. ii 1 0
20. g /
\ \ N.B9•a7.37•F. /� V
00
35.07' p y
lea tie. kyo
N.89.36'22•E. )
UD
98.08-
o
ti PAQCEC. � uN�s N
SEC. UNE OF THE S.W. 1N a
SEC. ONI MIENTSSHER BETWEEN w
Po. lAawMEN7S, PER M.a.:x3/ ;
A
M. I' LP, FLUSH VWMIETAL
TR6 STAMPED R.Mlk 2 880 PER
ACCEPTED AS E WESTERLY
OF INTER-
SECTION OF THE RECOVERED ER D PRO -
SET IN ION192 OFRECOVERED,ANDMONUMENTS o
SET 1N 192E PER RW WEST
LINE
AND n
THE MONUMENTIED20, WE9f ID. 22FTIE R(
92E 1/1 SEC. 20, PER LLfl 22!/
28-29. +_
it
el R
N 8
G O In
O n M
lw S.6ry -✓/1"- U663.6TTJ
TO:
FROM:
DATE:
IL
TRANSMITTAL MEMO
_CITY MANAGER
_PARKS DEPARTMENT
_BUILDING & SAFETY
_CODE ENFORCEMENT
_FIRE MARSHAL
SUBJECT:
CASE:
1,-fUBLIC WORKS DEPARTMENT
'ERRY HERMAN
TAN SAWA
COMMUNITY DEVELOPMENT DEPARTMENT -
GREG TROUSDELL
PROJECT REVIEW
PLEASE REVIEW AND PROVIDE ANY COMMENTS YOU MAY HAVE
ON THEATTACHED ITEM BY.
COMMENTS:
® CITY OF LA OUI
PLANNING & DEVELOPMENT DEPARTMENT
LA QUINTA, CALIFORNIA 922 nnCITY OF LAQUWA -
ing & Deve1opme:d oopsftmt
78-495 Cane Tempim
.
APPLICATION FOR LOT LINE ADJUSTMENT P.OBox 1504Ouinta, CA 92263 +
--------------
OFFICE USE ONLY
Zoning: ' LLA No.
Related Cases: — 2. ZL
Reviewed By:
Date: %/
APPLICANT Topaz Associates, L.P. a California limited partnersnip
Name: By: Century Homes Comouni i
Address: 1535 South "D" Street is Corpgration. General Partner
(Mailing) an Bernardino CA y2 18 Dame
1909) 3-0
(City) (State) (Zip)
PROPERTY OWNERS
Owner "A" Name: Same as Above
Address:
(City) (State) (Zip) Phone:
Owner "B" Name:
Address:
Same as Above
(City) St (ate) (y P) Phone:
Owner "C" Name:
Address:
Same as Above
(City) (state) y p) Phone:
PROPERTY DATA
Property A: Assessor's Parcel Number: 604-061-002
Street Address (if any): A
Property Bs Assessor's Parcel Number: 604-061-003 8 o01
Street Address (if any):
Property C: Assessor's Parcel Numbers 604-061-004
Street Address (if any)s N/A
ADJUSTMENT REQUESTED: Revision to existing parcels to conform to proposed
Tract Doundary of Tr.26188.
REASON FOR REQUEST: Revision to Tract recording oraer necessitiates
creation of a D4undary for Trar ?fit
mm
rn rk
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
City of La Quinta
P.O. Box 1504
La Quinta, CA 92253
(No fee, Government Code 6103)
MAIL TAX
Ernest U. Vincent
Century Homes Communities
1535 South "D" Street
Suite 200
San Bernardino, CA 92408
APN:
TRA:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX$..........�.'..........................
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or
encumbrances remaining at time of sale
City of La Quinta
Signature of Declarant orAgent determining tax -Finn Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
hereby GRANT(S) to
TOPAZ ASSOCIATES, LP,a California limited partnership
TOPAZ ASSOCIATES, LP,a California limited partnership
the real property in the City of
County of State of California, described as
PARCEL 1
SEE EXHIBIT "A" ATTACHED HERERTU
THIS DEED REFLECTS LOT LINE ADJUSTMENT NU. AS
APPROVED BY THE CITY OF LA QUINTA.
Dated
STATE OF CALIFORNIA
COUNTY OF San Bernardino }
On November 2, 1994 before me,
Doris A. enott, Notary Public
personallyappeared *Gary Neintraub*
personally known to me (oplereyed to Rid GA the 1118443�0�
evidwlce) to be the person(stwhose name(s) isfaresubscribedtothe within
instrument and acknowledged to me that hell' wAhey executed the same in
hislhod"r authorized capscity(es), and that by hislhePNheirsignature*
on the Instrument the person(e)orthe entity upon behaltofwhich the person
acted, executed the instrument.
WITNESS my han a fficial seal
Signature %/X�0 a
7
Topaz Associates, L.P., a
California limited partnership
By: Century Homes Communities, a
California Corporation, G.P.
BY:
Q_83r"eintraub, Assistant Secretary
--------------------
DORIS A. BENOIT
fn Comm. No. 997106
6' NOTARY PUBLIC-CALIFORNIA N
MR BERNARDINO WUNTY ,.
"7 Comm. E.P. )um 13. 1"7 r
(This area for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
1002(lt94)
EXHIBIT'A'
LOT LINE ADJUSTMENT NO.
PARCEL 1
the following described real property in the City of La Quinta County of
Riverside, State of California:
A portion of the Northeast 1/4 of the Northwest 1/4 of the Southwest 1/4
and a portion of the Northwest 1/4 of the Northwest 1/4 of the Southwest
1/4 of section 20, Township 5 South, Range 7 East, San Bernardino Base and
Meridian more precisely described as follows:
Beginning at the West comer of said Section 20, said point also being the
intersection of Miles Avenue and Adams Street; thence North 89 Degrees 35
Minutes 30 Seconds East along the centerline of said Miles Avenue a
distance of 663.44 feet to the TRUE POINT OF BEGINNING;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 365.61 feet;
thence South 89 Degrees 47 Minutes 32 Seconds West a distance of 25.02 feet;
thence South 00 Degrees 12 Minutes 28 Seconds East a distance of 280.00 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 25.05 feet;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 15.96 feet;
thence North 89 Degrees 36 Minutes 22 Seconds East a distance of 495.08 feet;
thence North 00 Degrees 12 Minutes 28 Seconds West a distance of 28.51 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 168.43 feet;
thence North 00 Degrees 13 Minutes 15 Seconds West a distance of 633.77 feet;
thence South 89 Degrees 35 Minutes 30 Seconds West a distance of 663.44 feet
to the TRUE POINT OF BEGINNING.
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. AS
APPROVED BY THE CITY OF LA QUINTA.
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
City of La Quinta
P.O. Box 1504
La Quinta, CA 92253
(No fee, Government Code 6103)
MAIL TAX
Ernest U. Vincent
Century Homes Communities
1535 South "D" Street
Suite 200
San Bernardino, CA 92408
APN
fim
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ .......... 0........ .....................
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or
encumbrances remaining at time of sale
City of La Quinta
Signature of DeclarantorAgent determining tax -Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
TOPAZ ASSOCIATES, LP,a California limited partnership
hereby GRANT(S) to
TOPAZ ASSOCIATES, LP,a California limited partnership
the real property in the City of
County of
PARCEL 2
SEE EXHIBIT "A" ATTACHED HERERTO
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. AS
APPROVED BY THE CITY OF LA QUINTA.
Dated
STATE OF CALIFORNIA
COUNTY OF San Bernardino - y
On November 2, 1994 before me,
Doris A. Benoit, Notary Public
personallyappeared *Gary Weintraub*
personally known to me
.widaaeetto be the person(e) whose narre(e) islarasubscribed tothe within
instrumentand acknowledgedto me that helsbeApe*executedthe same in
hisAwAUieifaulhorized capacity(ias). and that by his1herAheir3ignature(*
on the Instrumentthe person(*orthe entity upon behalf ofwhich the person
acted, executed the instrument.
State of California, described as
Associates, L.P., a
California limited partnership
By: Century Homes Communities, a
California Corporation, G.P.
BY:
ar eintraub, Assistant Secretary
DORIS A. BEN01T n,
y Comm. No. 997306 y
� aoT,uY PUBLIC-C,LIieRNi( �
MR BERNARDINO CCUNm
My Comm. Exp. lum 13. I907 '
WITNESS my hand icial seal
Signature 'u r�X
(This area forofficial notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE 1002(1/94)
EXHIBIT'A'
LOT LINE ADJUSTMENT NO.
PARCEL 2
The following described real property in the City of La Quints County of
Riverside, State of California:
The Southwest 1/4 of Section 20, Township 5 South, Range 7 East, San
Bernardino Base and Meridian ACCEPTING THEREFROM:
The Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 Northwest
of said Section 20; ALSO ACCEPTING THEREFROM:
Beginning at the West comer of said Section 20, said point also being the
intersection of Miles Avenue and Adams Street; thence North 89 Degrees 35
Minutes 30 Seconds East along the centerline of said Miles Avenue a
distance of 663.44 feet to the TRUE POINT OF BEGINNING;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 365.61 feet;
thence South 89 Degrees 47 Minutes 32 Seconds West a distance of 25.02 feet;
thence South 00 Degrees 12 Minutes 28 Seconds East a distance of 280.00 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 25.05 feet;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 15.96 feet;
thence North 89 Degrees 36 Minutes 22 Seconds East a distance of 495.08 feet;
thence North 00 Degrees 12 Minutes 28 Seconds West a distance of 28.51 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 168.43 feet;
thence North 00 Degrees 13 Minutes 15 Seconds West a distance of 633.77 feet;
thence South 89 Degrees 35 Minutes 30 Seconds West a distance of 663.44 feet
to the TRUE POINT OF BEGINNING.
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. , AS APPROVED
BY THE CITY OF LA QUINTA.
-Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
City of La Quinta
P.U. Box 1504
La Quinta, CA 92253
(No fee, Government Code 6103)
TO:
Ernest u. Vincent
Century Homes Communities
1535 South "ON Street
Suite 200
San Bernardino, CA 92408
APN
TRA:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $....... ...0.'.
.........................
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or
encumbrances remaining at time of sale
City of La Quinta
Signature of Declarant orAgent determining tax -Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
TOPAZ ASSOCIATES, LP,a California limited partnership
hereby GRANT(S) to
TOPAZ ASSOCIATES, LP,a California limited partnership
the real property in the City of
County of
PARCEL 3
SEE EXHIBIT "A" ATTACHED HERERTu
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO.
APPROVED BY THE CITY OF LA QUINTA.
Dated
STATE OF CALIFORNIA
COUNTYOF San Bernardino )
on November 2, 1994 before me,
Doris A. Benoit -, -Votary Public
personallyappeared *Gary Weintraub*
personally known to me
aw6enee) to be the person(e)whose name(e) is/aresubscnbed to the within
instrument and acknowledged tome that he/ -I, 94hey executed the same in
hisMerNheiF uthorizedcapacity(isa). and that by hisA3ePAheir signature($)
on the Instrument the person($) orthe entity upon behalf of which the person
acted, executed the instrument.
State of California, described as
Topaz Associates, L.P., a
California limited partnership
By: Century Homes Communities, a
California orporation, .
BY:
G Weintraub, Assistant Secretary
.y DORIS A. BENOIT
w Comm. No. 997106
C NOTARY PUBLIC-CILIFORNIN to
(7 SAN BERNARDINO cOUNTY
MY Cam., Ea,. Jun,13, 1997
WITNESS my hen a1 tficial seal /J
Signature U /L/_�J�ijLrLli� i
MAIL TAX STATEMENTS AS
(This area for official notarial seal)
DIRECTED ABOVE 1002(1/94)
EXHIBIT W
LOT LINE ADJUSTMENT NO.
PARCEL 3
The following described real property in the City of La Quinta County of
Riverside, State of California:
The East 1/2 of the Southwest 1/4 of Section 20, Township 5 South, Range 7
East, San Bernardino Base and Meridian ACCEPTING THEREFROM:
Beginning at the West corner of said Section 20, said point also being the
intersection of Miles Avenue and Adams Street; thence North 89 Degrees 35
Minutes 30 Seconds East along the centerline of said Miles Avenue a
distance of 663.44 feet to the TRUE POINT OF BEGINNING;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 365.61 feet;
thence South 89 Degrees 47 Minutes 32 Seconds West a distance of 25.02 feet;
thence South 00 Degrees 12 Minutes 28 Seconds East a distance of 280.00 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 25.05 feet;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 15.96 feet;
thence North 89 Degrees 36 Minutes 22 Seconds East a distance of 495.08 feet;
thence North 00 Degrees 12 Minutes 28 Seconds West a distance of 28.51 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 168.43 feet;
thence North 00 Degrees 13 Minutes 15 Seconds West a distance of 633.77 feet;
thence South 89 Degrees 35 Minutes 30 Seconds West a distance of 663.44 feet
to the TRUE POINT OF BEGINNING.
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. AS APPROVED
BY THE CITY OF LA QUINTA.
0
PLAT OF NEW PARCELS
I
lAJ V
W
X
NV) !
Q
0
Q
LOT LINE ADJUSTMENT NO.
IN THE CITY OF LA QUINTA
89.35.30- E] (N 89.35':
<1328.11
\FD. 1' I.P. ON. 1- IN WELL MON. \
RIVERSIDE COUNTY SURVEYOR- PER
P.M. 67141 6 M.B. 223126-29.
ACCEPTED AS THE W. 1/4 COR. SEC\
20.
\ \ N.825-02.2'E.
35.02' �
a
ri -
N
M
N
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WILY LINE OF THE S.W. 114 OF
SEC. 20. ESTABLISHED BETWE_
FO. MONUMENTS, PER M.B. 22:
26-29,
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FD. MONUMENTS, PER M.B. 223/
26-29. \ n 3 V
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L[663. 59]f [[663b0']]
FO. 1. P., FLUSH 21884 L
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TAG STAMPED R.C.E. 2fe B4 PER
TR.NO ED S-3,MB.OINT OF 61
INTER-
SECTION AS THE POINT OF SECTION OF THE WESTERLY OMA
PRO-
LONGATION OF RECOVERED ,AND NT5
SET IN 182E PER R.S. WEST
LINE
AND
THE SEC TED20, WEST,B.2 3 THE
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28 -28.
Q663.671
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[[663.67'��
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IT
IT
UP
TO:
FROM:
DATE:
0
TRANSMITTAL MEMO
_CITY MANAGER
_PARKS DEPARTMENT
_BUILDING & SAFETY
CODE ENFORCEMENT
_FIRE MARSHAL
SUBJECT:
CASE:
4--fUBLIC WORKS DEPARTMENT
1 ERRY HERMAN
L-ITAN SAWA
COMMUNITY DEVELOPMENT DEPARTMENT -
GREG TROUSDELL
PROJECT REVIEW
PLEASE REVIEW AND PROVIDE ANY COMMENTS YOU MAY HAVE
ON THEATTACHED ITEM BY
ME
® CITF of MAW
PLANNING ti DEVELOPMENT DEPARTMENT
LA QUINTA,� I 22$&. CnYOFLAawn
inp a Dovabpmwq 00pvs>k"j 1
70-405 Cane Tanow
APPLICATION P-0. Dot 1604
POR LOT LINE ADJUSTMENT Ouinta. CA 94265
OFFICE USE ONLY --------__---=3-�=
Zoning: LLA No.
Related Cases:
Reviewed By: Dater
APPL_ ICANT Topaz Associates, L.P. a California limited partnersnip
Name: By: Century Homes (:ptmt"• - rrpp0p
Address: 1535 South D St �*"�saDaytlmeson' General Partner
(Mailing) san Bernardino rest. " 2un
(City) (State) y1 (y p) Phone: t5Uy1 3ti1-bpU7
PROPERTY OWNERS
Owner "A" Name: Satge as Above
Address:
(City) (State) (Zip) Phones
Owner "13" Name: Sam as Above
Address:
(C ty)
(State) Z p
Phone:
Owner "C" Name:
Same as Above
Address:
(City)
(state)
Phones
PROPERTY DATA
As Assessor's Parcel Number:
604-061-002
Street
Address (if any)s
Property Hs Assessor's Parcel Numbers
604-061-003 a 001
Street
Address (if any):
Property Cs Assessor's Parcel Numbers
W4-Otil-0U4
Street
Address (if any):
N/A
ADJUSTMENT REQUESTED:
Tract boundary of Tr.26188
Revision to existing parcels
to conform to robosed
REASON FOR REQUEST: Revision to Tract recording oroer necessitiates
creation of
Order No.
Escrow No. I
Loan No.
WHEN RECORDED MAIL TO:
City of La Quinta
P.O. Box 1504
La Quinta, CA 92253
(No fee, Government Code 6103)
MAIL
Ernest U. Vincent
Century Homes Commnunities
1535 South "Do Street
Suite 200
San Bernardino, CA 92408
APN:
TRA:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ .......... o'..........................
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or
encumbrances remaining at time of sale
_ City of La Quinta
Signature of Declarant orAgent detem inmg tax-F'N Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
TOPAZ ASSOCIATES, LP,a California limited partnership
hereby GRANT(S) to
TOPAZ ASSOCIATES, LP,a California limited partnership
the real property in the City of
County of State of California, described as
PARCEL 1
SEE EXHIBIT W ATTACHED HERERTU
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. AS
APPROVED BY THE CITY OF LA QUINTA.
Dated
STATE OF CALIFORNIA } a.
COUNTYOF San Bernardino }
On November 2, 1994 beforeme
Doris A. Benoi-t;—Wo—tary Public
personalyeppeared *Gary Weintraub*
Personally known to me (o
evideRoe)tobsthe person(e)whosa names) is/aresubsaibedtothe within
instrumentandacknoaAedgedtomethat he/sheMM exeadedthe same in
his4WHAheirouthorized eapacity(ay, and that by hisAwAheirsgnaturaW
on the Instrumentthe person(yorthe entity upon behalfofwhirh the person
Wad, executed the instrument
Topaz Associates, L.P., a
California limited partnership
By:' Century Homes Communities, a
—all o—rnta F.Orporation,
(::�r ellntraub, Assistant Secretary
DORIS A SENOn O
m
Comm. No. 997,06
m
mom MUD •arrrossrs a
p
w assssorso moan „
ercorm, s,,. rw. U. tMe
WITNESS myhan[LQQar/r��0����,,aaalsealSignature
� - � (This area for official notarial seal)
MAIL TAX STATFMFNTR A rttRFr^Tcn 6ony
EXHIBIT W
LOT LINE ADJUSTMENT NO.
PARCEL 1
the following described real property In the City of La Quanta County of
Riverside, State of California:
A portion of the Northeast 1/4 of the Northwest 1/4 of the Southwest 1/4
and a portion of the Northwest 1/4 of the Northwest 1/4 of the Southwest
1/4 of section 20, Township 5 South, Range 7 East, San Bernardino Base and
Meridian more precisely described as follows:
Beginning at the West comer of said Section 20, said point also being the
Intersection of Miles Avenue and Adams Street; thence North 89 Degrees 35
Minutes 30 Seconds East along the centerline of said Miles Avenue a
distance of 663.44 feet to the TRUE POINT OF BEGINNING;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 365.61 feet;
thence South 89 Degrees 47 Minutes 32 Seconds West a distance of 25.02 feet;
thence South 00 Degrees 12 Minutes 28 Seconds East a distance of 280.00 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 25.05 feet
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 15.96 feet;
thence North 89 Degrees 36 Minutes 22 Seconds East a distance of 495.08 feet;
thence North 00 Degrees 12 Minutes 28 Seconds West a distance of 28.51 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 168.43 feet
thence North 00 Degrees 13 Minutes 15 Seconds West a distance of 633.77 feet;
thence South 89 Degrees 35 Minutes 30 Seconds West a distance of 663.44 feet
to the TRUE POINT OF BEGINNING.
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. AS
APPROVED BY THE CITY OF LA QUINTA.
Order No.
Escrow No.
Loan No.
VVIIEN RECORDED MAIL TO:
City of La Quinta
P.O. Box 1504
La Quinta, CA 92253
(No fee, Government Code 6103)
MAIL TAX STATEMENTS TO:
Ernest U. Vincent
Century Homes Communities
1535 South *Da Street
Suite 200
San Bernardino, CA 92408
APN:
TRA:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ .......... 0........ I ....................
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or
encumbrances remaining at time of sale
City of La Quinta
Signature of Declarant orAgent determining tax -Finn Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
hereby GRANT(S) to
the real property in the City of
County of
TOPAZ ASSOCIATES, LP,a California limited partnership
TOPAZ ASSOCIATES, LP,a California limited partnership
PARCEL 2
SEE EXHIBIT "Ar ATTACHED HERERTO
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. AS
APPROVED BY THE CITY OF LA QUINTA.
STATE OF CALIFORNIA
couNrvOF San Bernardino )
on November 2, 1994
Doris A. BenoitT-No-t-a-r-Y-P-567-1c
peroonaltyappearod *Gary Yeintraub*
personally known to me (OF pFomed to —a -a lbe basis-oLsalidae"
4Wd*Aee)tot9t1he person(s)whose name(*) islaweubsaibedtothe within
nstrumentandacknowledged tomethathe/shsAhs"xecutedthe sans in
hiaMedlheirauthorized capacdK*Q. and that by hist1w4heir signature(*
on the Instrumerathe person(*orthe entity upon behallofwhich the person
acted, executed the instrument
State of California, described as
Topaz Associates, L.P., a
California limited partnership
By:! Century Homes Communities, a
California Corporation, G.P.
BY: .—
ar 1ntraub, Assistant Secretary
., OORIS A. BENOIT p
y No. CALIFO tp
On *moor Comm.. No • uurossIs a,
eF usorse cwxn „
r, Ca.m. E.0, r•+ ». ttw I
WITNESS my hand al seal
lfid
Sse ignature^�±l�f'! (This area for oal notarial aq
MAII TAX CTATFMFAITC AC rNRF(TFf) ARr1VI=
l
EXHIBIT W
LOT LINE ADJUSTMENT NO.
PARCEL 2
The following described real property in the City of La Quinta County of
Riverside, State of California:
The Southwest 1/4 of Section 20, Township 5 South, Range 7 East, San
Bernardino Base and Meridian ACCEPTING THEREFROM:
The Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 Northwest
of said Section 20; ALSO ACCEPTING THEREFROM:
Beginning at the West comer of said Section 20, said point also being the
Intersection of Miles Avenue and Adams Street; thence North 89 Degrees 35
Minutes 30 Seconds East along the centerline of said Miles Avenue a
distance of 663.44 feet to the TRUE POINT OF BEGINNING;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 365.61 feet;
thence South 89 Degrees 47 Minutes 32 Seconds West a distance of 25.02 feet;
thence South 00 Degrees 12 Minutes 28 Seconds East a distance of 280.00 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 25.05 feet;
thence South 00 Degrees 12 Minutes52 Seconds East a distance of 15.96 feet;
thence North 89 Degrees 36 Minutes 22 Seconds East a distance of 495.08 feet;
thence North 00 Degrees 12 Minutes 28 Seconds West a distance of 28.51 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 168.43 feet;
thence North 00 Degrees 13 Minutes 15 Seconds West a distance of 633.77 feet;
thence South 89 Degrees 35 Minutes 30 Seconds West a distance of 883.44 feet
to the TRUE POINT OF BEGINNING.
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. . AS APPROVED
BY THE CITY OF LA QUINTA
-Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
City of La Quinta
P.U. Box 1504
La Quinta, CA 92253
(No fee, Government Code 6103)
Ernest u. Vincent
Century Homes Communities
1535 Soutn mom Street
Suite 200
San Bernardino, CA 92408
APN:
TRA
bWACF ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ ..........
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or
encumbrances remaining at time of sale
City of La Quinta
Signature of Declarant orAgent detemvning tax -Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
TOPAZ ASSOCIATES, LP,a California limited partnership
hereby GRANT(S) to
TOPAZ ASSOCIATES, LP,a California limited partnership
the real property in the City of
County of PARCEL 3 State of California, described as
SEE EXHIBIT "Am ATTACHED HERERTU
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. AS
APPROVED BY THE CITY OF LA QUINTA.
STATE OF CALIFORNIA
COUNTY OF San Bernardino }
on November 2, 1994 before
Doris A. Beni-R, Notary u c
P ersonailyappeared "Gary Heintraub"
personally known to me
e>rideACII)tobe go person(*)who" name(") islareaubscribedtothe within
instrument and acknowledged to me that he/sbeAkey executed the same in
hisArorRheiFeuthorizedeapaciy(ws). andthat by hisAlerOtheir signatum(e)
on the Instrumentthe person(s) orthe entilyupon behalfofwhich the person
Wed, executed the instrument
Topaz Associates, L.P., a
California limited partnership
BY: Century Homes Communities, a
California orpora ion, ,
BY:
6 Ineintraub, Assistant Secretary
.� DORIS A. NENw G
Comm. No. 99710E
% A"uaw
Puaue-eaet A
D' W ara'AAarae coum b
or come, up. )MIS. no h.
WITNESS my ha s fBalal seal
Signature N&
MAII TAX RTAT[:K=KlTC Ac nN7Cn TCn
(This area for official notarial seaQ
A Dn%rr
EXHIBIT W
LOT LINE ADJUSTMENT NO.
PARCEL 3
The following described real property in the City of La Qulnta County of
Riverside, State of California:
The East 1 /2 of the Southwest 1/4 of Section 20, Township 5 South, Range 7
East, San Bernardino Base and Meridian ACCEPTING THEREFROM:
Beginning at the West corner of said Section 20, said point also being the
intersection of Miles Avenue and Adams Street; thence North 89 Degrees 35
Minutes 30 Seconds East along the centerline of said Miles Avenue a
distance of 663.44 feet to the TRUE POINT OF BEGINNING;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 365.61 feet;
thence South 89 Degrees 47 Minutes 32 Seconds West a distance of 25.02 feet;
thence South 00 Degrees 12 Minutes 28 Seconds East a distance of 280.00 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 25.05 feet;
thence South 00 Degrees 12 Minutes 52 Seconds East a distance of 15.96 feet;
thence North 89 Degrees 36 Minutes 22 Seconds East a distance of 495.08 feet;
thence North 00 Degrees 12 Minutes 28 Seconds West a distance of 28.51 feet;
thence North 89 Degrees 47 Minutes 32 Seconds East a distance of 168.43 feet;
thence North 00 Degrees 13 Minutes 15 Seconds West a distance of $33.77 feet;
thence South 89 Degrees 35 Minutes 30 Seconds West a distance of 663.44 feet
to the TRUE POINT OF BEGINNING.
THIS DEED REFLECTS LOT LINE ADJUSTMENT NO. . AS APPROVED
BY THE CITY OF LA QUINTA.
PLAT OF NEW PARCELS
LOT LINE ADJUSTMENT NO.
IN THE CITY OF LA QUINTA
WLY FINE OF THE S.W. 1N 0
SEC. 20. ESTABLISHED SETV
FO. MONUMENTS. PER M.B.:
`26 2/.
—J [N 89.35. — E] {N 89'35.30' Ej MILES
1 _ _ <1328.111> 1326.89'
3.44' [I663.45']
75.0!
FO. 1- I.P. N. 1 • IN WELL MON.
1 'RIVERSIDE COUNTY SURVEYOR• PER e o
P.M. 47141 S M.B. 123/26-29.
ACCEPTED AS THE W. 1 /4 COR. SEC. e
20. g o
25.02• r�
00.
2 � _ n I \�L N.89.36.22'E. "1
A ^
� � \ R �i� \ PAQLEL uNt: S 95.09
LLJ7N
W W'lY LME OF THE S.W. IN OF \ /\
Fes„ SEC. 20. FSTAaIKHEDBETWEEN ?
1 362M�UMENTS, PER M.B9.. 327/ \ ;
Q I FO. I I.P., FLUSH W/METAL e
TAG STAMPED R.CE. 21'a" PER
TR.NO 23935-3. MB. 246/ 59-61.
1 ACCEPTED AS THE POINT OF INTER. V
r SECTION OF THE WESTERLY PRO-
LONGATION OF RECOVERED
MONUMENTS
SET IN 1927 PER R.8 9/SO.AD r.I 8
THE MONUMENTED WEST LINE OF THE
TEE
1/4 SEC. 20. PER MG,223/
26-2i �
0
o rI
�P w
nR
N 'p
C h
s4 G ^
� A �
%
� u �
D u
1663.671 II663.6, p
® 0
PLAT OF NEW PARCELS
LOT LINE ADJUSTMENT NO. 94- Igs
IN THE CITY OF LA QUINTA
[N 89"35'30"
44'
(N 89'35'30"
<1328.11'.
rn
i" I.P. ON. 1)" IN WELL MON.
VERSIDE COUNTY SURVEYOR' PER.M. 67/41 & M.B. 223/26-29.
2\ \
n
ACCEPTED AS THE W. 1/4 COR. SEC.
0. oO
N.89°4 7'-
E.
25.02
a0°j 'Lh
a
00
N'LY LINE OF THE S.W. 114 OF
SEC. 20. ESTABLISHED BETWEEN
FO. MONUMENTS, PER M.B. 223/
26-29.
MILES
r•i
zn
0
0
z
7 5.00'
ro
Q1
V
UJ
N
o
N
[[663. 59' ]] [(663.60']]cl
n
I FD. I' I.P., FLUSH W/METAL O
Q TAG STAMPED R.C.E. 21`884 PER fO
TR. NO. 23935-3, M.B. 248/59-61. V
+ ACCEPTED AS THE POINT OF INTER- V
1 SECTION OF THE WESTERLY PRO- g
LONGATION OF RECOVERED MONUMENTS o
SET IN 1927 PER R.S. 8/80, AND n
THE MONUMENTED WEST LINE OF THE ^ I n
S.W. 1/4 SEC. 20, PER M.B. 223/
26 -29. a
77
t i
r. -
o
� a I
N
N O 51
O ifl
0
O
N
00 u 1
N [[663.67]] IL663.6731
u7
r
00
N
L� V
J
C
7
00
N
® 0
PLAT OF NEW PARCELS
LOT LINE ADJUSTMENT NO.
IN THE CITY OF LA QUINTA
89' 35' 30"
FEE
N 89'35'30"
<1328,1 1
FD. i" I.P. DN. 1 " IN WE II MON. N -
'RIVERSIDE COUNTY SURVEYOR' PER ip
P.M. 67/41 & M.B. 223/26-29. ,n
ACCEPTED AS THE W. 1/4 COR. SEC.
20. Z
\ \ N.825.02,2"E.
5.02'
\ �ti
\ N O
Z��
�.
'L 6
W'LY LINE OF THE S.W. 1/4 OF
SEC. 20. ESTABLISHED BETWEEN
FD. MONUMENTS, PER M.B. 223/
a
26-29.
rn
_ 3
� N N
[L663. 59' n
FD. I" 1.P., FLUSH W/METAL
TT
AG STAMPED R.C.E. 21884 PER
R. NO. 23935-3. M. B. 248/ 59 -61.
ACCEPTED AS THE POINT OF INTER-
SECTION OF THE WESTERLY PRO-
LONGATION OF RECOVERED MONUMENTS
SET IN 1927 PER R.S. 8/80, AND
HE MONUMENTED WEST LINE OF THE
S.W. 1/4 SEC. 20, PER M.B. 223/
26 -29.
a663.67'A
4N'LYLINE OF THE S.W. 114 OF
20. ESTABLISHED BETWEEN
ONUMENTS, PER M.B. 223/
9.
MILES
663.45']] 75.00'
r V v
�U
Pti
�90
1�OOo t`
89036'22"E.
p/q�C�L
LOT L/A45
v/
/
[[�.60']]
[[663.67 11
r7
/ A
A
M
R6OOROINO REQUESTED )SV
M1D Mt[N R[D0,08D YNa nee pee N1D, YN12ae D,N[nVna!
pgwM MLON. Lwl fY LiwllYiMf fY
Ernest O. Vincent
ae,u Century Homes Communitie
1535 Sin. "D" Street
2nd Floor
a, L San Berns 81no, t1[ 9240
'� iW.mmN FvLe. ra. �_---
coy"
r a
Lie ya 9 i.
C
6 l - as E■ -
a
LS°~
g
TBB VNOEaataNED GRANTOR(.) DWL1RF,t.) -
r O [1MENTARY TRANSFER TM(is S L_
❑ , uuni�m/e/ry�nt"eu arw (]' n of _ . � ,w vwo
❑ aompned w ADI ♦nm "[ Iraet", m p,LP"ty rmrsyal, a �p�_$.�L�„iM 'f'IO/ %
�cwrywden Nt wdu, lw wdYr rf I.tp a„,wMaYRa ry,ry, al e�
FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged.
SANTA ROSA DEVELOPERS, INC., a California corporation
bneby GRANTS)1D TOPAZ ASSOCIATES, LP, a California limited partnership
dw rallmiAadescribed rut PmPtT!Y in the City of La puinta,
[aunq Dr Riverside . state of Calirtamia'
SEE EXHIBIT "A" ATTACHED HERETO
e. 3o / 99 3
STATE OF nALIFORffIAQ,eS�
CAIIN�4P IIf�_JJ
..3oi r S 9� wrDt. m..
i�andsyy�Ji4 G Ga'Ed�
a�n 5 /.('O.G�/,[.Smts. Mee"e1b aPWNed
p awly known M ma
wMeoae) ro Dn Ina pereonp)wlLoas noose(= la[a,a WltCdbb [D iM
wrnhln 1Mimnant.M eeknoM�dpad t" r" that hsh !PBy antKn4W
", pane In nbaa,Rhw nulTMaed oVadMV,e , and that by IdNM!"r
£,anatu,a(=pe iM Inat,umant the pa,oental. a In, mph' upon behalf
of which the PtHM11=Kind, "wacutee tM Inabemem.
WrMES19"no a mat ha,p'§,rW Or,"w /
SAIL TAX STATII 11WNt TO PARTY SHOWN ON FORAY=1NG
SANTA ROSA DEVELOPERS, INC.,
a California corporation
antas Troesh,
r
e
s
n
AyCaan"�
R.n. y,Li, Assn. Cq A se
7.00 in NOLLVN,LSININaV RLTT£8£606 XVd £S:IT V6/TO/TT
-- ------------------------------------------ —
_, Our No. 5225352-43
EXHIBIT "A"
Parcel 1:
Lots '11 and 12 , Inclusive, of Tract 23935-1, In thg City of Le Quinta,
County of Riverside, State of California, as shown by Map on file In Book
223 Pages 26 through 29, Inclusive, of Maps. in the office of the county
Recorder of said County.
I
Except SOX Interest and royalty in and to all oil and gas and other
minerals of whatsoever nature found In or located upon or under the land
or premises herein described or that may be produred ingrgnn, as reserved
In deed in dead from Lucy L. Burt, a widow, to EdWArd liroanfield, a single
man, Myer Greenfield, a married man, Benjamin Grnnnflrid, a married man,
and Joseph Greenfield, a married man, dated April 15. 059 and recorded
May 11, 1959 as Instrument No. 40020 of Official Recnrcls of Riverside
County, California.
Parcel 2:
Lots 7 through 10. inclusive, of Tract 23935-2, In the City of Le Quinta,
County of Riverside, State of California, as shown by flap on file in Book
223, Pages 30 through 34. inclusive of Maps. Records of Riverside County,
California;
Except 50% Interest and royalty in and to all all and 1.)496 and other
minerals of whatsoever nature found In or located upon or located upon or
under the land or premises herein described or thaL may b- produced
thereon, as reserved In deed from Lucy L. Burt, a to Edward
Greenfield, a single man, Myer Greenfield, a married r•,n, nrnJamin
Greenfield, a married man, and Joseph Greenfield, a married man, dated
April 15, 1959 and recorded May 11, 1959 as Instrument. No. 4o02n of
Official Records of Riverside County, California.
Parcel 3:
The Northwest one -quarter of the Northwest one -quarter of the Snuthwest
one -quarter of Section 20, Township 5 South, Range 7 Fitt, San Rernardino
Meridian, according to the Official Plat thereof.
Parcel 4:
The Northeast quarter of the Northwest quarter of the Southwest quarter of 4
Section 20, Townshitp 5 South, Range 7 East, San Bernardino Meridian, in
the City of La Quinta, County of Riverside, State of palifornia, according
to the Plat thereof.
Payee} 5: 3 U
The Southwest one -quarter of the Northwest one quarter of the Southwest
--- Continued On Next Page ---
£001A N0I1VUSININOv 9LTTCRC606 %vA 29:TT b6/TO/TT
our No. 5226352-43
Continued :
one-quertsr and the Northwest one -quarter of the Southwest one -quarter of
the Southwest one -quarter of Section 20, Township 5 South, Range 7 East,
San Bernardino Meridian, according to the Official Pint. thereof.
Parcel 6:
The Southeast quarter of the Northwest quarter of the Southwest quarter of
Section Z0, Township 5 South. Range 7 East, San Bernn,41no Meridian, in
the County of Riverside, State of California, accordinq to the Official
Plat thereof.
Parcel 7:
The Northeast quarter of the Southwest quarter of the Southwest quarter of
Section 90, Township 5 South, Range 7 East, San 0erna,dlnn Rasa and
Meridian.
Parcel 8:
The Northerly 330.00 feet of the Southeast quarter of the Southwest
quarter of Section 20, Township 5 South, Range 7 East San Bernardino Base
and Meridian, in the City of La puinta, County of Riverside, State of
California, according to the Official Plat thereof;
Together with the portion of the Northeast quarter of the Southwest
quarter of Section 20, Township 6 South, Range 7 East, San Bernardino Base
and Meridian, in the City of La puinta, County of Riverside. State of
California, according to the Official Plat thereof. de<rribed as follows:
Beginning at the intersection or Miles Avenue and ()an- Palm, Bond, said
point of beginning also being the center of said Sgr.t.:^n 20:
Thence Southerly, along the centerline of sai,l Done Palms Road and the
Easterly line of the Southwest quarter of said Sgctio„ 20, South 00
Degrees 14' 10" East a distance of 641.46 feet;
Thence Westerly, leaving the centarline of said Oune Palms Road and the
Easterly line of the Southwest quarter of said SRctinn 20. South 09
Degrees 45' 50" West a distance of 30.00 feet to a point on the Westerly
right of way line of said Dune Palms Road, said point also being the true
paint of baginning;
Thence Southerly,alongthe Westerlyright of wayli r f Ai Dun
n o s d a Palms
Road, South 00 Degrees 14' 10" East a distance of 65R.R0 Pgnt to a point
an the South line of the Northeast quarter of the Southwest quarter of
said Section 20;
Thence Westerly, leaving the Westerly line of said Ounq Palms Road, along
the South line of the Northeast quarter of the Southwest quarter of said
Section 20, South 89 Degrees 35' 23" West a distance of 1,297.26 feet to
the Southwest corner of the Northeast quarter of the Senthwpst quarter of
said Section 20;
Thence Northerly, along the Westerly line of the Northeast quarter of the
Southwest quarter of said Section 20, North 00 Degrees 13' 15" West a
distance of 555.00 feet;
--- Continued On Next Page ---
Our No. 6226352-43
Continued :.
Thence Easterly, leaving said Westerly line North 89 flogrers 45' 50" East,
a distance Af 135.00 feet;
Thence South 00 14' loll east a distance of 300.00 feet.;
Thence North 89 Degrees 45' 60" East a distance of 60.00 feet;
Thence South 0o Degrees 14' loll East a distance of 22.no feet;
Thence North 89 Degrees 45' 60" East a distance of lon.61 roat;
Thence South 00 Degrees 14' loll East a distance of 25.41 feat;
Thence North 89 Degrees 45' Sol' East a distance of 417.00 feet;
Thence North 00 Degrees 14' loll West a distance of 431.64 fast;
Thence North 89 Degrees 45' 50" East a distance of 84.50 feet;
Thence North 46 Degrees 57' 29" East a distance of 23.43 fret;
thence North 89 De45' 50" East a distance of Sono r>et;
Thence South 50 Oegraegree 25' 50" East a distance of 23,43 folit;
Thence North 89 Degree#\`445' So" East a distance of 167.00 rant;
Thence North 49 Degrees 57' 30" East a distance of 23.43 feet;
Thence North 89 Degrees 5' 50" East a distance of 50.00 feet;
Thence South 5o Degrees 25' So" East a distance of 23,43 feet;
Thence North 89 Degrees 45' 50" East a distance of 69.no rapt;
Thence North 42 Degrees 22' 40" East a distance of 33.57 feet;
Thence North 89 Degrees 45' 50" East a distance or 14.00 feet to the true
point of begimsing;
Except 50% interest and royalty in and to all oil and ens 'and other
minerals of whatsoever nature found in or located ups" or under the land
or premises herein described or that may be produced-Uvereon, Asleresserved
In deed from Lucy L. Burt. a widow, to Edward Grapnflelds 4 single
man, and
Nyer Greenfield, a married man. Benjamin 0reenfield,
115e1959rasninstrumenC No�e40020 ofaOfFtcptall15 ay
Records5,f Rivlerside Courecrirded nty,
California;
Also except any portion lying within Tract No. 23935-1 as shown by Map on
file in Book 223 Pages 26 through 29 of Maps. Records of Riverside County,
California;
Also exepts shown
Map
file inc
Booka223 pages n30ythroughwith34 of in a Maps Records or Riverside yCouns ny ty
California.
Parcel 9:
All that portion of the Northeast quarter of the Southwast quarter of
Section 20, Township 5 South, Range 7 East, located in the City of Le
Quints, Records of Riverside County, California; together with Lettered
Lots "f" and "G" of Tract 23935-1, as per ds ofap recorded
in Book
C 2liforn223 aa.
26 through 29 Inclusive of Maps, cor
Continued On Next Page
Our No. 5226352-43
Continued :
Except therefrom;
That portion of the Northeast quarter of the Southwest quarter of Section
20, Township 5 South, Range 7 East, located in the City of La Quints,
Riverside County, California, more particularly described as follows;
Beginning at the intersection of Miles Avenue and Duna Palms Road, said
point of beginning also being the center of said Section 20;
Thence Southerly, along the centerline of said Dune Palms Road and the
Easterly line of the Southwest quarter of said Section 20, South 00
Degrees 14' 10" East a distance of 641.46 feat:
Thence Westerly, leaving the centerline of said Mine Palms Road and the
Easterly line of the Southwest quarter of said Sactlnn 20, South 89
Degrees 45' S0" West, a distance of 30.00 feet to a point ''on the Westerly
right-of-way line of aid Dune Palms Road, said point also being the true
point of beginning;
Thence Southerly, along he Westerly righL-or-way line of said Dune Palms
Road, South 00 Degrees 14' 10" East a distance of 658.48 tent to a point
on the South line of the Northeast quarter of the Souilm>st quarter of
said Section 20'
Thence Westerly, leaving the Westerly line of said Dune Palms Read along
the South line of the Northeast quarter of the Southwest quarter of said
Section 20, South 89 Degrees 35' 23" West a distance If 1207.26 feet to
the Southwest corner of the Northeast quarter of the Southwest quarter of
said Section 20;
Thence Northerly, along the Westerly line of the Nortii"ast quarter of the
Southwest quarter of said Section 20, North n0 0"firaa� 13' 15" West a
distance of 555.00 feet;
Thence Easterly, leaving said Westerly line, llnrl.h 89 Degrees, 45' 50"
East a distance of 135.00 feet;
Thence South 00 Degrees 14' 10" East a distance of 300.00 feet;
Thence North 89 Degrees 45' 50" East a distance of 60,00 feat;
Thence South 00 Degrees 14' 10" East a distance or 22.06 (ant;
Thence North 89 Degrees 45' 50" East a distance of 100.61 feet;
Thence South 00 Degrees 34' loll East a distance or 25.61 foot;
Thence North 89 Degrees 45' 50" East a distance of 472.00 feet;
Thence North 00 Degrees 14' 10" West a distance of 430.64 feet;
Thence North 89 Degrees 45' 50" East a distance or 84.5n feet;
Thence North 49 Degrees 57' 29" East a distance of 23 43 f-"t;
Thence North 89 Degrees 45' 50" East a distance of 50.nO foot;
Thence South 50 Degrees 25' 50" East a distance of 23 43 feet;
Thence North 89 Degrees 45' 50" East a distance or, 167.00 font;
Thence North 49 Degrees 67' 30" East a distance of 23.43 foot;
Thence North 89 Degrees 45' 50" West a distance of 69.00 feet;
Thence North 42 Degrees 22' 40" East a distance of 33.97 feet;
Thence North 89 Degrees 45' 50" East a distance or 14.00 feet to the True
Point of Beginning;
Except 50% interest and royalty in and to all oil anA gas and other t l I
minerals of whatsoever nature found in or located upon or under the land
Continued On Next Page
Our No. $226352-43
Cantinued :
or promises herein described or that may be produced i.hereon, as reserved
in the Oeed.from Lucy L. Burt, a widow, to Edward Greenfield, a single
man, Myer Greenfield, a married man, Benjamin Greenfield, a married man,
and Joseph Greenfield, a married man, dated April 15. 1959, and recorded
May 21, I959 as Instrument No. 40020 of Official Records of Riverside
County, California;
Also except any portion lying within Tract No. k3935-1 as shown by map on
file to Book 223 Pages 25 through 29 of Maps, Records of Riverside County,
California;
Also except any portion lying within Tract No. 2.1935-2, as vhown by map on
file in Book 223 Pages 30 through 34 of Maps, records of Riverside County,
California.
Al,
PIEAEEc.nm tETmINi^ormr,BX
AMORDINO REOUgM Ey;
AND WNEN RECORDED MAIL TO;
TNIR PAVE ADDED TO PROVIDE ADECUATE OP
ACI FOR
pRE�COROIO
"r'm INFORMATION
j
i i
AGREEMENT OF LIMITED PARTNERSHIP
for
TOPAZ ASSOCIATES, LP,
a California limited partnership,
between
CENTURY HOMES COMMUNITIES,
a California corporation,
and
CROWELL INDUSTRIES,
a California corporation,
and
SANTA ROSA DEVELOPERS, LTD.,
a California limited partnership
e\554
1 12.30.3
THIS AGREEMENT OF LIMITED PARTNERSHIP is made and entered into
and shall be effective as of this 30th day of December, 1993, by
and between CENTURY HOMES COMMUNITIES, a California corporation
(hereinafter referred to as "Century," "General Partner," or
"Managing General Partner"), and CROWELL INDUSTRIES, a California
corporation (hereinafter referred to as "Crowell," or "General
Partner") and SANTA ROSA DEVELOPERS, LTD., a California limited
partnership (hereinafter referred to as "Santa Rosa," or "Limited
Partner"), which entities shall hereinafter be collectively
referred to as the "Partners."
IT IS AGREED by the parties hereto as follows:
ARTICLE ONE
ORGANIZATION
1.1 Formation. The partners hereby form a limited
partnership (the "Partnership") in accordance with the California
Revised Limited Partnership Act (the "Act") as contained in
California Corporations Code Sections 15611 through 15723, which
Act shall control the duties and obligations of the partners except
as specifically provided to the contrary in this agreement (the
"Agreement"), in which case this Agreement will control.
1.2 Name of Partnership. The name of the Partnership is
Topaz Associates, LP, a California limited partnership.
1.3 Certificate of Limited Partnership. The Partners will
execute, acknowledge and cause to be filed and recorded in a timely
manner a Certificate of Limited Partnership (form LP-1) as required
by Section 15502 of the California Corporations Code.
1.4 Fictitious Business Name Statement. The General Partner
shall execute a Certificate of Fictitious Business Name for the
Partnership under the name of Topaz Associates, LP, a California
Limited Partnership, and shall cause the Certificate to be
published in a newspaper of general circulation in Riverside
County, California.
1.5 Commencement of Business/Term. The business of the
Partnership shall commence upon the filing of the certificate of
limited partnership as provided in paragraph 1.3, and shall
continue until December 31, 1998, or until such other time as the
Partners, by mutual written consent, may agree upon, unless sooner
terminated in accordance with the termination and dissolution
provisions of this Agreement.
1.6 Authorized Business. The authorized business purpose of
the Partnership (the "Authorized Business") shall be to acquire
that certain real property (the "Property", or the "Partnership
e\554
12.30.3
0
Property") located in the City of La Quinta, Riverside County,
California (which is more particularly described in Exhibit "A"
attached hereto), to construct single-family dwellings thereon and
sell the Property and individual dwellings to residential
purchasers. The business of the Partnership shall be limited to
the Authorized Business except that the Partnership may engage in
any business in which partnerships may legally engage, provided
such other business is authorized by the unanimous vote of the
Partners.
1.7 principal Place of Business. The principal place of
business of the Partnership shall be 1535 South "D" Street, San
Bernardino, California 92408, or such other location in Riverside
or San Bernardino Counties as the General Partner may reasonably
determine.
1.8 Partners. Century shall be the Managing General Partner
of the Partnership, Crowell shall be the other General Partner of
the Partnership, and Santa Rosa shall be the Limited Partner.
ARTICLE TWO
CAPITAL OF THE PARTNERSHIP
2.1 percentage Interests. The Partners shall have initially
the following Percentage Interests in the Partnership:
General Partners:
Century 33 1/3%
Crowell 33 1/3%
Limited Partner:
Santa Rosa 3:3 1/346
2.2 Initial Capital Contributions. Century and Crowell shall
make a combined contribution of Initial Capital to the Partnership
up to the amount of Two Hundred Fifty Thousand Dollars
($250,000.00), and Santa Rosa shall make a contribution of Initial
Capital to the Partnership up to the amount of Two Hundred Fifty
Thousand and 00/100 Dollars ($250,000.00), for a total of. Five
Hundred Thousand Dollars ($500,000.00). Century and Crowell shall
make such loans or additional contributions of capital as are
necessary to continue the operations of the Partnership. Other
than the Initial Capital contributions as set forth in this Section
2.2, Santa Rosa shall not be required to make any contribution to
the capital of the Partnership, nor shall Santa Rosa be required to
personally guarantee any partnership loans. Of the Initial Capital
to be contributed, Century and Crowell shall contribute the
combined sum of Twenty -Five Thousand and o0/loo Dollars
e\554
12.30.3
($25,000.00), and Santa Rosa Shall contribute the same amount,
immediately upon execution and delivery of this Agreement to all
Partners. The amount of Twenty Five Thousand and 00/10O Dollars
($25,000.00) shall then be released to Seller under the Purchase
Agreement as set forth in Section 2.5, Paragraph (d) hereinbelow,
and the amount of Twenty Five Thousand and 00/100 Dollars
($25,000.00) shall remain in the Partnership for Partnership
purposes. The balance of the required contributions of Initial
Capital shall be made by the Partners upon recording of the first
construction loan.
2.3 Additional Capital Contributions. It is the intention of
the Partners that the Initial Capital, together with Partnership
borrowings (as described below) be sufficient to satisfy all
capital requirements of the Partnership. Should the Managing
General Partner in its sole discretion determine that additional
funds are needed to satisfy Partnership requirements not covered by
the Initial Capital or the proceeds of the Partnership borrowing as
described in Section 4.1 below, the General Partners, on a pro rata
basis, will contribute all such additional funds as Additional
Capital, or, with the consent of the Limited Partner, as loans or
advances to the Partnership as provided in Section 4.2 hereinbelow.
Notwithstanding that such additional funds are contributed as
Additional Capital, there shall be no adjustment or reallocation of
the Partnership Interests as set forth in Section 2.1 hereinabove.
2.4 Capital Accounts. An individual capital account shall be
maintained for each Partner. The capital interests of each Partner
shall consist of its Initial Capital, increased by its
contribution(s) of Additional Capital, if any, and its share of
profits transferred to capital and decreased by distributions to it
in reduction of its capital account and its share of Partnership
losses, all in accordance with generally accepted accounting
principles, consistently applied and the applicable provisions of
Treasury Regulations Section 1.704-1(b).
2.5 Purchase of Approximately 400 Lots from Santa Rosa. The
Partnership shall purchase approximately 400 lots ("Lots") from
Santa Rosa on the following terms:
(a) Purchase Price. The Partnership shall purchase the
Lots at Three Thousand Seven Hundred Fifty and oO/100 Dollars
($3,750.00) for each lot located within Parcels 8 and 9, as
described in Exhibit "A" attached hereto, Two Thousand Seven
Hundred Fifty and 00/100 Dollars ($2,750.00) .for each lot located
within Parcels 4, 6 and 7, as described on Exhibit "A" attached
hereto, and One Thousand Seven Hundred Fifty and 00/100 Dollars
($1,750.00) for each lot located within Parcels 3 and 5, as
described on Exhibit "A" attached hereto (said figures being
hereinafter referred to as the "Per Lot Purchase Price"). Santa
Rosa shall take back a Note secured by Deed of Trust in the amount
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12.30.3
of the Per Lot Purchase Price multiplied by the applicable number
of each type of lot, all as set forth in Section 4.4 hereinbelow.
Notwithstanding the above, the purchase price of the six (6)
currently finished lots shall be Thirty Seven Thousand and 00/100
Dollars ($37,000.00) per lot, less the amount of any fees and costs
paid by the Partnership to bring the lots to a finished state as
defined in paragraph (e) below, but in no event more than Twenty
Seven Thousand and 00/100 Dollars ($27,000.00), or less than Twenty
Three Thousand and 00/100 Dollars ($23,000.00) per lot. The
payment of the purchase price of the six (6) finished lots shall
also be secured by the Note and Deed of Trust as set forth above.
(b) Construction Loans. The Partnership shall record
construction loans in takedowns of the minimum of sixteen (16)
Lots. Additional Lots from the first tract to be developed may be
encumbered if necessary to meet the collateral requirements of the
construction lender. The existing six (6) finished Lots may
likewise be encumbered. Notwithstanding the above, the total
number of Lots which may be encumbered at any given time shall be
limited to sixty-four (64).
(c) Put Option. At any time, and on any number of
occasions, within four (4) years of the inception of the
Partnership, the Partnership shall have the option, upon thirty
(30) day's written notice, to reconvey to Santa Rosa, any Lots
which at the time of the exercise of the "Put Option", are not
subject to any construction loan or development activity, provided,
however, that the maximum number of lots subject to the Put Option
shall be decreased by forty (40) for each one-year period which
elapses from the inception of the Partnership, beginning with the
number four hundred (400). Within ten (l0) days after the
expiration of said thirty (30) day notice, the Partnership shall
record a grant deed to Santa Rosa, transferring ownership of such
Lots to Santa Rosa, at which time, the amount of the applicable Per
Lot Purchase Price for each such Lot so reconveyed, or such other
amount as is applicable to the six (6) finished lots, shall be
deducted from the principal amount of the Note, and any interest
accrued on such deducted amount shall be canceled, and shall no
longer be due and owing to Santa Rosa.
(d) Real Estate Purchase and Sale Agreement. The
Partnership shall execute a Real Estate Purchase and Sale Agreement
with Santa Rosa for the purchase of the 400 Lots (the "Purchase
Agreement"), no later than December 30, 1993, in substantially the
form attached hereto as Exhibit "D".
(e) Definition of Finished Lot. A "Finished Lot" is
defined as a lot within a recorded final tract map, with all
streets and other improvements, and utilities within said tract in
place in accordance with said tract map, with finish grading
performed and with all entitlements obtained and other conditions
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5 12.30.3
of approval met, including: (i) the payment of all fees,
including, but not limited to, development impact fees of whatever
nature, park fees, infrastructure fees, utility connection or hook-
up fees, tract map recording fees, and improvement plan check fees;
and (ii)-all other fees including the building permit fee and
school fee, such that the only requirement for the commencement of
construction of a single family residence on said lot is the
issuance of a building permit.
(f) Existing Encumbrances. Santa Rosa represents that
the encumbrances as described in Item No.s 12 and 13, Schedule B,
of the "Preliminary Title Report" as defined in the Purchase
Agreement, secure outstanding loans in the approximate total amount
of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00).
The Partnership shall purchase the Property subject to those loans,
and will endeavor to obtain extensions and/or reductions of said
loans. In the event, however, that it becomes necessary to pay all
or a part of the principal and accrued interest under such loans in
order to record construction loans on any portion of the property,
Santa Rosa agrees to pay one-half of any such amount, without
reimbursement by the Partnership, and the Partnership shall be
responsible for the other one-half, which shall be applied first
against the purchase price of the Property, then against Santa
Rosa's Level Two Preferred Return, and then against Santa Rosa's
capital account.
ARTICLE THREE
ALLOCATIONS AND DISTRIBUTIONS
3.1 Allocation of Net Income. All items of income, gain, or
credit of the Partnership shall be allocated to the Partners
according to the following priorities:
(a) First, to offset each allocation of net loss made
during any prior accounting period (to the extent not previously
offset by an allocation of net income made pursuant to this Section
3.1 in a prior accounting period) with the allocation of net income
pursuant to this Section 3.1 to be made in the reverse order that
such net loss was allocated pursuant to Section 3.2;
(b) Then, pro rata to the Partners, in an amount equal
to their cumulative total Preferred Returns on the daily balances
of their Net Invested Capital in the Partnership, to the extent not
previously allocated. (The Preferred Return for purposes of this
Agreement shall be a cumulative, noncompounded annual return in an
amount equal to t�-pr' - or*ter '• ` �"'� f��� } ""P
a � }, adjusted
monthly) ; left" y;)�r�9nn�' � IT
(c) Then, to Santa Rosa, up to the amount of it# "'Level
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6 12.30.3
Two Preferred Return," defined as an amount equal to the applicable
Per Lot Purchase Price as defined in Section 2.5, Paragraph (a);
(d) And then, the balance shall be allocated to the
Partners in accordance with their respective Partnership Interests.
3.2 All items of loss or deduction shall be allocated as
follows:
(a) First, to offset each allocation of net income made
during any prior accounting period (to the extent not previously
offset by an allocation of net income made pursuant to this Section
3.2 in a prior accounting period), with the allocation of net loss
pursuant to this Section 3.2 to be made in reverse order that such
net income was allocated;
(b) Then, pro rata to the Partners until such time as
each Partner's Net Invested Capital Account is reduced to zero;
(c) And then, all remaining loss or deduction shall be
allocated to the General Partner.
If any portion of a Partner's Partnership Interest is
transferred during any year, income and losses, as computed at the
close of such calendar year, shall be allocated among the Partners
in a manner that is consistent with the Internal Revenue Code of
1986 as amended. All allocations hereunder will be made in
compliance with the applicable provisions of Treasury Regulations
Section 1.704-1(b).
3.3 Distributions of Cash Available for Distribution. Cash
Available for Distribution shall be distributed among the Partners
as follows:
(a) First, to the Managing General Partner, in an amount
equal to its accrued but unpaid general and administrative fees,
sales commission allowances and other charges as set forth in
Section 9.5 herein;
(b) Then, to Santa Rosa, on a per lot basis, up to the
amount of its Level Two Preferred Return as defined in Section 3.1,
Paragraph (c);
(c) Then, pro rata to the Partners, to the extent of any
aggregate loans or advances made to the Partnership, other, than
loans as set forth in Section 4.4, including any accrued interest
as provided for in Section 4.2 herein;
(d) Then, pro rata to the Partners,, to the extent of
their cumulative total Preferred Returns as defined in section
3.1(b), less all prior distributions of Preferred Return pursuant
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to this Paragraph (e);
(e) Then, pro rata to the Partners, up to the amount of
their Net Invested Capital, as defined hereinbelow;
(f) And then, the balance shall be distributed
to the Partners in accordance with their respective Partnership
Interests.
Cash Available for Distribution for purposes of this
Agreement is the total cash revenues of the Partnership from
operations and from all miscellaneous sources including cash from
sales and refinancing, less cash expenditures of the Partnership,
including debt service and operating expenses (other than to the
Partners except as provided in Section 4.4), and less amounts set
aside for reasonable reserves. The specific amounts of Cash
Available for Distribution shall be determined from time to time by
the Managing General Partner in its sole discretion, but not less
than quarterly.
Net Invested Capital for purposes of this Agreement is
the money or net fair market value of property contributed to the
Partnership as capital by the Partners, including contributions
when this Partnership is formed and later contributions, if any,
less all prior distributions of capital to that Partner, provided
that Net Invested Capital shall not be reduced below zero.
3.4 Income Tax Elections and Allocations. If any Partner, on
the formation of the Partnership or at any time thereafter,
contributes property with an adjusted income tax basis different
from the fair market value at which the property is accepted and
credited to the Partner's capital account by the Partnership, then
solely for income tax purposes and the determination of each
Partner's distributive share of profits and losses, the Partnership
may elect to share any depreciation, depletion, gain or loss with
respect to that property among the Partners so as to take account
of the variation between the basis of the property to the
Partnership and its fair market value at the time of contribution
(pursuant to Section 704(c) of the Internal Revenue Code of 1986,
Section 17857(b) of the California Revenue and Taxation Code, and
any regulations issued under the authority of those sections).
r.11 TO010 *am0arlr1
PARTNERSHIP BORROWINGS
4.1 Construction Loan. The Managing General Partner intends
to obtain a construction loan with respect to the Property. A loan
has not yet been arranged. The amount of the loan will be
confirmed between the Partners by letter agreement. In the event
that the Managing General Partner's negotiations with a lender
result in the Managing General Partner being designated as the
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borrower for this loan, the Managing General Partner may be
replaced by the Partnership as the borrower and the Managing
General Partner will execute such documents as may be necessax- in
order to effect such substitution.
4.2 Loans From General Partner. With the consent of the
Limited Partner, the General Partners may make loans to the
Partnership or may advance money on its behalf. The amount of any
such loan or advance shall not increase the capital account of the
General Partner or entitle the General Partner to any increase in
its Partnership Interest or subject it to any greater portion of
the losses which the Partnership may sustain. The amount of any
such loan or advance shall be a debt due from the Partnership to
the General Partner, as a creditors of the Partnership. Any
General Partner loans will bear cumulative, noncompounded annual
interest at a rate equal to the prime interest rate as published
from time to time by the Wall Street Journal, plus one percent
(1%). It shall be understood that the Limited Partners shall not
be under any obligation whatsoever to make any such loans to the
Partnership, and that any loan to the Partnership by the General
Partner shall rank in priority with respect to dissolution,
winding -up and termination of the Partnership in the same capacity
as set forth in Section 12.5 below.
4.3 Additional Third Party Loans. In addition to loans or
advances described in Section 4.1 above, the Managing General
Partner may, on the security of the Partnership assets or on an
unsecured basis, borrow funds from any bank, savings and loan or
other lending institution at the prevailing market rate for such
loans in order to carry out the business of the Partnership. The
Managing General Partner will make available to potential lenders
the Partnership's financial statements and resume for the purpose
of obtaining such loans. All costs, expenses, interests and
similar charges incurred in connection with such loans, shall be
obligations of the Partnership. The Managing General Partner will
execute all notes, deeds of trust and other loan documents on
behalf of the Partnership. Any such borrowings will be undertaken
only for the conduct of the Authorized Business.,
4.4 Loans from a'� Rosa. In connection with the ase
of the 400 Lots, Santa Rosa sha 1 take back a Note in the amount. of
the Per Lot Purchase Price for each lot, (except that for the six
(6) finished lots, the amount of the Note shall cover the purchase
price for said lots as set forth in Section 2.5, Paragraph (a), all
with interest at the annual rate of seven percent (7%). Said Note
shall be secured by a recordable Deed of Trust on the Property, to
be subordinated to a construction loan, subject to the limitations
set forth in Section 2.5, Paragraph (b). Santa Rosa shall execute
partial releases on the Note and Deed of Trust as escrows on
completed homes close. Santa Rosa shall receive out of the close of
each escrow on completed homes upon said Lots, the applicable Per
9 e\55G
72.30.3
Lot Purchase Price toward repayment of the Note, plus accrued
interest on that amount up to net proceeds. On the finished lots,
said amount shall be adjusted upward to the figure set forth for
the finished lots hereinabove.
ARTICLE FIVE
BANK ACCOUNTS
5.1 Bank Accounts. All funds of the Partnership shall be
held in the name of the Partnership at such federally insured
institutions) as the Managing General Partner may determine.
Disbursements therefrom shall be made in conformity with this
Agreement. The funds of the Partnership shall not be commingled
with the individual funds of the Managing General Partner or with
the funds of any other person or entity.
ARTICLE SIX
BOOKS AND RECORDS
6.1 Books. The Managing General Partner shall cause to be
maintained at Partnership expense full and accurate books for the
Partnership. These books and records shall be maintained at the
Partnership's principal place of business, and the Partners or
their duly authorized representatives shall have the right to
inspect and examine such books at reasonable times, upon reasonable
notice. Both for the purposes of financial reporting and income
tax reporting, the Partnership adopts the accrual method of
accounting and a fiscal year ending on the 31st day of December of
each year. The books shall be closed and balanced at the end of
each fiscal year.
6.2 Reports. The following reports shall be prepared by the
Managing General Partner at Partnership expense and distributed to
the Partners as set forth below:
(a) Quarterly, forty-five (45) days after the end of
each calendar quarter, a balance sheet and statement of income and
expenses;
(b) Within seventy-five (75) days after the end of each
fiscal year, all information necessary for the preparation of the
Partners' federal income tax returns;
(c) Within seventy-five (75) days after the end of each
fiscal year, an annual unaudited report containing:
(1) A balance sheet as of the end of its fiscal
year, statements of income and expenses, Partners' equity, changes
in financial position and a cash flow statement for the year then
10 e\55»
12.30.3
ended, all of which shall be prepared on the basis of the accrual
method of accounting consistently applied;
(2) A report of the activities of the Partnership
during the period covered by the report.
6.3 Independent Audit. The Managing General Partner will
cause the Partnership's books and records to be audited on an
annual basis by an independent accounting firm. The cost of such
audit will be an expense of the Partnership. The report of such
independent auditor will be provided to the other Partners within
fifteen (15) days after its receipt by the Managing General
Partner.
ARTICLE SEVEN
MANAGEMENT: DUTIES AND POWERS OF PARTNERS
7.1 Management. The Partnership affairs shall be conducted
by the Managing General Partner, who shall have the sole authority
to make decisions regarding the management of the affairs of the
Partnership and shall have all the rights and powers which may be
possessed by a General Partner pursuant to the Act. The Managing
General Partner shall proceed with all reasonable diligence, and
without delay, to do all things necessary to commence and complete
the Project in a workmanlike manner and in substantial conformity
with the plans and schedules and with all applicable ordinances,
statutes and requirements of all regulatory bodies or agencies
having jurisdiction. This includes acquiring the Property,
processing the necessary maps and permits, obtaining the approval
of all public agencies having jurisdiction, completing plans and
specifications, obtaining building permits, obtaining the
construction financing, obtaining permanent financing commitments
to be available to unit buyers, building and completing the units
and all necessary on -site and off -site improvements, developing and
constructing models, preparing and carrying out an advertising and
sales program, selling the units, closing the unit escrow
transactions, and providing move -in servicing and after -sale
service and warranty work.
7.2 Inspection of Documents and Project. Upon the reasonable
request of any Partner, the Managing General Partner shall promptly
furnish to such Partner copies of all subdivision maps, permits,
plans, specifications, working drawings, bonds, subcontracts,
purchase orders, change orders, surveys, certifications, title
company endorsements, loan documents and other operating documents
reflecting the Project status. The Managing General Partner agrees
to promptly furnish to the Partners complete copies of all loan
documents, correspondence and other documents between the lenders
and the Managing General Partner or the Partnership in relation to
the Project upon request. The Partners, or their agents or
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representatives, shall have the right to enter upon the Partnership
Property and on -site offices where the work on the Project is being
conducted for purposes of inspection, and shall have access during
working hours to all Project records and documents wherever
located."
7.3 Other Business of Partners. The Partners may engage in
or possess an interest in other business ventures of every nature
and description, independently or with other persons, including,
but not limited to, the ownership, financing, leasing, management,
syndication, investment and brokerage of real estate (including
real estate of the type and nature as the property held by the
Partnership). Neither the Partnership nor either Partner shall
have any right by virtue of this Agreement in and to such
independent ventures by the other Partner or to any income or
profits derived therefrom.
7.4 Insurance. The Managing General Partner will obtain in
the name of the Partnership appropriate workers' compensation
insurance, fire insurance with "all risk" course of construction
coverage on a completed value basis and comprehensive general
public liability insurance with a combined single limit of Five
Million Dollars ($5,000,000.00) for bodily injury and property
damage liability, including (without limitation) product liability -
completed operations coverage. Upon the request of any Partner,
the Managing General Partner will also obtain officer and employee
fidelity insurance, with the cost of such insurance to be an
expense of the Partnership. All policies will name the Partnership
and all Partners as insured and will provide for advance notice of
any cancellation to all Partners.
7.5 Specific Powers of the Managing General Partner. In
addition to any powers now or subsequently conferred by law and
subject to any limitations imposed elsewhere in this Agreement, the
Managing General Partner will have the following powers:
(a) Deal With Partnership Property. To acquire, own,
manage, hold, improve, control and operate the Property, including
but not limited to, the power to sell for cash or deferred
payments; to convey title; to partition, divide, develop, improve
and repair, and to grant options for the same of all or any portion
of any such Property, subject to prices previously agreed upon by
Partners.
(b) Borrow Money. To borrow money for any Partnership
purposes on terms and conditions the Managing General Partner deems
proper and to obligate the Partnership for repayment; to encumber
for a Partnership purpose any Partnership assets by mortgage or
deed of trust on real property owned by the Partnership; to modify,
consolidate or extend any mortgage or deed of trust, or debt
secured by mortgage or deed of trust, or Partnership obligation,
whether or not before the due date.
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72.30.3
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(c) Hire Agents. To employ agents and counsel,
including but not limited to, any custodian, broker, investment
advisor, accountant, attorney, corporate fiduciary, bank or other
reputable financial institution, to assist the Managing General
Partner in the management of Partnership business; to rely on
advice given by these agents, and to cause the Partnership to pay
reasonable compensation for all services performed by these agents.
(d) Resolve Claims. To pay, collect, compromise,
arbitrate or otherwise adjust any and all claims or demands of or
against the Partnership, in such amounts and upon such terms and
conditions as the Managing General partner shall determine,
including the right to file, prosecute and defend lawsuits in the
name of the Partnership.
(e) Execute Documents. To make, execute, acknowledge
and deliver on behalf of the Partnership any documents that may be
necessary or appropriate to carry out any Partnership purpose.
(f) Establish Bank Accounts. To establish one or more
Partnership bank accounts in the Partnership name and to sign
checks on such accounts, and to execute standard bank documentation
to establish these accounts on the Partnership's behalf, in
accordance with Section 5.1 above.
(g) Other Action. To take any and all other actions
permitted or required of the Partner under this Agreement and the
Act.
7.6 Expenses of Partnership. Everything done by the Managing
General Partner under this Article 7 shall be for the account and
at the expense of the Partnership. Allocation of such expenses
shall be governed by AIA Document A111, Article 7. The Managing
General Partner shall be reimbursed for all expenses actually
incurred on behalf of the Partnership and in the organization and
formation of the Partnership.
7.7 Limitations on Powers of Managing General Partner. The
Managing General Partner, without prior written consent or
ratification of the other Partners, shall have no authority to:
(a) Do any act in contravention of the Certificate of
Limited Partnership;
(b) Do any act which would make it impossible to carry
on the ordinary business of the Partnership;
(c) Confess a judgment against the Partnership;
(d) Use the Partnership's capital or funds, including
all funds invested in the Partnership by the Partners, all loan
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proceeds, and all sale and other proceeds, in any way other than
for the Partnership's business;
(e) Subject any Partnership asset as security for any
obligation other than a Partnership obligation;
(f) Possess Partnership property, or assign its rights
in specific Partnership property, for other than a Partnership
purpose;
(g) Commingle any Partnership monies with monies of the
Managing General Partner, or maintain any Partnership funds in
other than the commercial account in the Partnership name as
specified in Section 5.1;
(h) Sell all or substantially all of the Partnership
assets except in the ordinary course of the Partnership's business;
(i) Admit a person as a General Partner;
(j) Admit a person as a Limited Partner.
(1) Subject any portion of the Partnership Property to
a Mello -Roos or similar assessment district tax.
(m) Placement of any liens or encumbrances against the
Property except for construction loans.
7.8 Liability of General Partners. Each General Partner (i)
shall be held harmless and be indemnified by the Partnership for
any liability or loss suffered by the General Partner solely by
virtue of its acting as General Partner or in its capacity as
Managing General Partner for the Partnership connected with its
activities, and (ii) shall not be liable to the Partnership for any
loss suffered by it in connection with its activities, provided
that if such loss or liability arises out of any action or inaction
of the General Partner, the General Partner must have determined,
in good faith, that such course of conduct was in the best
interests of the Partnership, such course of conduct must not have
constituted negligence or gross misconduct by the General Partner;
and, provided further, that such indemnification or agreement to
hold harmless shall only be recoverable out of the assets of the
Partnership and not from the Limited Partners. Without limiting
the foregoing, no General Partner shall be personally liable for
the return of any other capital contributions to the Partnership
made by the Limited Partners.
7.9 Fiduciary Responsibility. The Managing General Partner
shall have fiduciary responsibility for the safekeeping and use of
all funds and assets of the Partnership, whether or not in its
immediate possession or control, and it shall not employ, or permit
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another to employ, such funds or assets in any manner except for
the exclusive benefit of the Partnership.
7.10 Restrictions on Limited Partners. To the fullest extent
permitted by law, the Limited Partners hereby consent to the
exercise by the Managing General Partner of the powers conferred on
the Managing General Partner by this Agreement and specifically
waives, to the fullest extent permissible under the Act, any voting
rights or rights of approval except as expressly specified in this
Agreement. The Limited Partners shall not participate in, or have
any control over, the Partnership business or have any right or
authority to act for or to bind the Partnership. In addition to
the right to vote as to the termination of the Partnership set
forth herein, the Limited Partners shall have the right to vote on
the following matters affecting the basic structure of the
Partnership: an amendment of this Agreement while the Limited
Partners are Partners of the Partnership. The Limited Partners do
not have the power to remove any General Partner, unless the
General Partner breaches its fiduciary responsibilities including,
but not limited to, inaction, bad faith, or poor business practice.
ARTICLE EIGHT
TITLE/EXECUTION OF TITLE DOCUMENTS
8.1 Title. Pursuant to the Certificate of Limited
Partnership prepared, executed, filed and recorded in compliance
with the Act, title to the Property shall be held in the name of
the Partnership.
8.2 Execution of Documents Affecting Title. The Managing
General Partner, acting alone, may execute all documents required
in order to convey dwellings constructed upon the Property in the
ordinary course of the Partnership's business to individual
purchasers. Any conveyance of the Partnership property in bulk
which would constitute the disposition of all or a substantial
portion of the Partnership property and which is not undertaken in
the ordinary course of the Partnership's business must be executed
and acknowledged by both the General Partner and the Limited
Partners.
ARTICLE NINE
CONSTRUCTION OF THE PROJECT
9.1 Construction of Residences. As set forth in Section 1.6
above, the purpose of the Partnership is to construct single family
dwellings upon the Property. (The Property and construction of
improvements thereon are hereinafter referred to as "the Project.")
The parties now contemplate that the Project will involve the
construction of approximately four hundred (400) dwelling units.
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9.2 Manacrina General Partner Licensed. The Managing General
Partner warrants and represents to the Partners that the Managing
General Partner is fully licensed and qualified under the
applicable law or laws to construct, improve, and develop the
Project in accordance with this Agreement, and will remain so
licensed and qualified during the entire term of this Agreement as
provided in Paragraph 1.5 herein.
9.3 Budget/Construction Schedule. The Partners have reviewed
and approved a form of budget for the Project ("the Budget"), a
copy of which is attached hereto as Exhibit "B", as well as a
proposed schedule for construction of the dwellings ("the
Schedule"), a copy of which is attached hereto as Exhibit "C". The
Managing General Partner will utilize its best efforts to assure
that the Budget and the Schedule are, followed and complied with.
The Partners acknowledge, however, that the estimates in the
Schedule and Budget are subject to variations in price and timing
over which the Managing General Partner has no control, and do not
constitute a warranty or a guarantee, but rather the Managing
General Partner's best estimate, based on its experience and
expertise, of the costs and time schedules therein described. The
Budget includes an amount for general superintendents, a project
director and customer service director, all of whom will provide
services to this and other projects in which the Managing General
Partner is involved, such budgeted amount representing only the
allocation of such superintendents' and directors' services with
respect to this Project. These charges shall not exceed the amount
set forth in the Budget attached hereto.
9.4 Cost Overruns. The Partners recognize that subsequent to
the preparation of the Schedule and Budget, there may be changes in
product mix, product pricing and in costs associated with the
Project which result in overall costs exceeding those specified in
the Project Budget. Therefore, the Managing General Partner agrees
that before construction commences on each phase of the Project, it
will obtain, compute and submit to the Partners revised estimates
of the sale value and costs for the phase contemplated to be
undertaken. The cost estimates shall be supported by bids from
subcontractors and suppliers. If at any time the estimated per
unit costs for the construction of a production phase exceeds by
fifteen percent (15%) or more the costs reflected in the attached
Budget and Schedule, the Partnership shall limit its construction
program to those units previously commenced, shall complete the
construction and sale of homes thereon as soon as possible and
shall dispose of the remainder of the lots upon the most advanta-
geous terms available to the Partnership; provided, however, that
if the sales price of the units has also increased to an extent
sufficient to provide an equal or greater return or profit to the
Partnership than was originally contemplated under the Schedule and
Budget, or if this Agreement is amended to provide otherwise, the
Partnership will continue with the construction and sale of homes.
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The Partners will not unreasonably withhold their consent to an
amendment of this Agreement and a continuation of the Partnership
and continued construction and sale of homes so long as the return
or profit to the Partnership is substantially similar to that
projected in the Budget or otherwise agreed upon by the Partners.
9.5 Disbursements to Manaainv General Partner. The Budget
provides for payments of general and administrative expenses equal
to three percent (3%) of gross sales and sales commissions in an
amount equal to two percent (2%) of gross sales to the Managing
General Partner with respect to the services which it will provide
in effecting the construction and marketing of the Project. These
services include, but are not limited to, working with the
engineers and architects in the planning and supervision phases,
letting the construction contracts, and planning and carrying out
the construction, financing and merchandising phases of the
Project. such payments will be disbursed in the amounts and at the
times as set forth in the Budget.
ARTICLE TEN
CONFLICTS OF INTEREST AND INVESTMENT RESTRICTIONS
10.1 Sales and Leases to Partnership. Except with regard to
the Property, the Partnership shall not purchase or lease property
in which any Partner has an interest, without the approval of all
Partners; provided, however, that this provision shall not apply to
the utilization by the Partnership of the property owned by the
Managing General Partner and utilized by it in the course of
providing normal builder/developer services in the ordinary course
of its business to the Partnership.
10.2 Sales or Leases to Partners. The Partnership will not
sell or lease property to any Partner or any entity in which a
Partner possesses an interest without first obtaining the unanimous
approval of all Partners and after full disclosure of the terms of
such transaction.
10.3 Loans. No loans may be made by the Partnership to either
Partner or their affiliates without the approval of all Partners.
10.4 Dealinc4s with Related Partnerships. Except with regard
to the Property, the Partnership shall not purchase or lease
property from another partnership in which a Partner has an
interest without the approval of all Partners.
10.5 Mortgage Broker Disclosure. The Managing General Partner
has disclosed to the Partners its affiliation with Century West
Mortgage, a California general partnership. The Partners hereby
confirm that at the Managing General Partner's election and with
the understanding that the fees for its services will be
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substantially equivalent to those charged by other mortgage brokers
for similar services, the Partnership may utilize the services of
Century West Mortgage for mortgage loan brokerage services with
respect to the sale of residences within the Project.
10.6 Insurance Broker Disclosure. The Managing General
Partner has also disclosed to the Partners its affiliation with
Centrust Insurance Services, a California general partnership. The
Partners hereby confirm that at the Managing General Partner's
election and with the understanding that the fees for its services
will be substantially equivalent to those charged by other
insurance providers for similar services, the Partnership may
utilize the services of Centrust Insurance Services for insurance
services with respect to the sale of residences within the Project.
ARTICLE ELEVEN
RESTRICTIONS ON SALE OR ASSIGNMENT OF
PARTNERSHIP INTERESTS
11.1 Transfer by General Partner Prohibited. The General
Partner shall not assign, pledge, encumber, sell or otherwise
dispose of all or any part of its interest as a General Partner in
the Partnership without the prior written consent of the Limited
Partners. However, such consent shall not be required if the
General Partner transfers to an affiliate with comparable financial
strength.
11.2 Transfer by Limited Partner.
(a) Restrictions. No Limited Partner shall, by
operation of law or otherwise, voluntarily or involuntarily, sell,
assign, transfer, exchange, lease, mortgage, charge, hypothecate,
pledge or otherwise convey or encumber its right, title or interest
in or to the Partnership or enter into any agreement as a result of
which any person will or may obtain any interest except as
permitted by and in accordance with the provisions of Paragraph (b)
below, and all attempts to do otherwise shall be null and void and
of no force and effect whatsoever.
(b) Right and First Refusal. If a Limited Partner
desires to transfer its interest herein, it shall first offer to
transfer such interest to the General Partner by giving written
notice of such desire to the General Partner specifying the
proposed purchaser, the price and the terms and conditions of such
offer. The General Partner shall then have an option to elect to
purchase such interest at the price and on the terms and conditions
set forth in said notice for a period of fifteen (15) days after
receipt of such notice, which option shall be exercised in writing.
(c) Right to Transfer. If the General Partner does not
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exercise its right to purchase the entire interest of a Limited
Partner, within the option period set forth in Paragraph (b) ;above,
the Limited Partner may, within thirty (30) days after the
expiration of the option period and on the terms and conditions
stated in the notice, sell or exchange its Partnership interest to
the purchaser named in the notice. If such sale is not commenced
within said thirty (30) days, then any further offer to sell or
exchange the Limited Partner's interest shall become once again
subject to this Section.
(d) Assignment. In the event a Limited Partner
transfers its Partnership interest pursuant to the provisions of
this Article, the person to whom such transfer is made shall be
considered only an assignee of such interest and as such shall only
be entitled to receive his return of contributions to the capital
of the Partnership and to share in other distributions in which his
assignor would otherwise be entitled to share,, diminished by the
share of losses and obligations, if any, for which such assignor
and his contributions to the capital of the Partnership would be
liable. An assignee shall have the right to inspect books and
receive reports of the partnership as set forth in Article 6
herein. An assignee shall not be deemed a Partner or a party
hereto unless and until accepted as a substitute Limited Partner,
as set forth below.
(e) Substitution. An assignee of a Limited Partner may
become a substitute Limited Partner with all the rights and
liabilities of such Limited Partner under this Agreement :if and
only if (i) the Managing General Partner in its sole and absolute
discretion consents in writing to the substitution of any such
assignee of the Limited Partner, (ii) the assignor and assignee
execute such other instrument as the Managing General Partner may
deem necessary or desirable to effect the admission of the
substitute Limited Partner, including, without limitation, the
appropriate amendment to the Certificate of Limited Partnership;
(iii) the assignee shall execute this Agreement; and (iv) the
assignee shall pay or obligate himself to pay, as the Managing
General Partner may require, all reasonable expenses connected with
his admission, including but not limited to the cost of preparing
and recording the appropriate amendment to the Certificate of
Limited Partnership. The General Partners' failure to exercise the
right of first refusal is deemed consent to transfer to a third
party.
(f) Adjustment of Basis of Partnership. Upon the
transfer of an interest, the Partnership may, in the sole and
absolute discretion of the Managing General Partner, elect pursuant
to Section 754 of the Internal Revenue Code, to adjust the basis of
the assets of the Partnership under the circumstances and in the
manner provided in Section 734 and 743 of the Internal Revenue
Code. In the event of such election, the Managing General Partner
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shall take any and all necessary steps to consummate such
adjustments, including, but not limited to, the filing of the
election with the information income tax return of the Partnership
for the first taxable year to which the election applies.
11.3 Judgment Creditor Foreclosure.
(a) The provisions of this Section 11.3 shall apply to
any person, creditor, or trustee for the benefit of creditor„ of a
Partner, including, without limitation, those who may, by judicial
decree or operation of law or through foreclosure, obtain the
Partnership Interest of any Partner;
(b) Any person obtaining the Partnership Interest: of a
Partner through foreclosure of a -security interest in said
Partnership Interest, by judicial decree, operation of law or
otherwise, is hereby expressly prohibited from obtaining a
dissolution and/or winding -up and termination of the partnership
and the said transfer of the said Partnership Interest to said
judgment creditor shall not cause a dissolution of the Partnership;
(c) The effective transfer of a Partnership Interest of
a Partner to a person by the filing of a petition in bankruptcy,
judicial decree, operation of law or through foreclosure, is hereby
expressly agreed to be a wrongful transfer of said Partnership
Interest and shall be a breach of this Agreement.
(d) The rights of any person in any Partnership Interest
of a Partner which has been obtained by judicial decree, operation
of law or through foreclosure, is hereby expressly subject to the
terms, covenants and conditions of this Agreement including,
without limitation, the provisions of Section 11.4 below pertaining
to the unauthorized transfer of a Partnership Interest.
11.4 Unauthorized Transfer of Partnership Interests.
(a) Any person who has acquired the Partnership Interest
of a Partner in violation of the terms, covenants and conditions of
this Agreement shall have no right to cause the dissolution,
winding -up and termination of the Partnership, by judicial decree
or otherwise; and
(b) The interest acquired by such person shall be
acquired and shall be expressly subject to the terms, covenants and
conditions of this Agreement in connection with said Partnership
Interest and shall not entitle such person, during the continuance
of the Partnership, to interfere in the management or
administration of the Partnership business or affairs; but, subject
to the express limitations of this Agreement, merely entitles such
person to receive the profits which would otherwise be allocated to
such Partnership Interest, if and when they would otherwise be
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payable to the holder of such Partnership Interest.
(c) In the event of the unauthorized transfer of a
Partnership Interest, and at any time thereafter during the
continuance of the Partnership, the other Partner may elect to
dissolve and/or wind-up and terminate the Partnership at will, and
said right of the other Partner shall not change the character of
the Partnership thereby making it a partnership at will.
ARTICLE TWELVE
DISSOLUTION. LIQUIDATION AND TERMINATION
OF THE PARTNERSHIP
12.1 Definitions. For purposes of this Agreement, the term
"dissolution" means the point in time that the Partners cease to
carry on business together in the Partnership. The term "winding -
up" or "liquidation" means the process and activities which are
engaged in to settle the affairs of the Partnership after
dissolution. The term "termination" means the point in time when
all of the Partnership affairs have been fully completed and the
process of liquidation or winding -up has been completed.
12.2 Limitations. The Partnership may be dissolved,
liquidated and terminated only pursuant to the provisions of this
Agreement and each partner hereby waives any and all other rights
that it may have to cause the dissolution of the Partnership or
sale or partition of any or all of its assets. The Partners agree
that except as otherwise provided herein, neither the dissolution
of a Limited Partner or the withdrawal from the Partnership of any
Limited Partner nor the admission to the Partnership of a
substitute Limited Partner shall cause the Partnership to be
dissolved, liquidated and terminated.
12.3
Cause of Termination.
The first to
occur of the
following
events shall cause the
Partnership to
be dissolved,
liquidated
and terminated:
(a) Expiration of the one (1) year warranty period
following the sale of all or substantially all of the assets of the
Partnership; provided, however, that if all or substantially all of
the assets of the Partnership are sold on an installment basis
pursuant to provisions of Section 453 of the Internal Revenue Code,
the Partnership shall not be terminated nor dissolved until all
payments thereunder have been received by the Partnership.
(b) The bankruptcy or dissolution of the Managing
General Partner, unless the Partnership is continued by any
successor managing general partner elected by the Limited Partners
within ninety (90) days after such event.
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(c) The consent of both the General Partner and the
Limited Partners.
(d) The date on which the Partnership is dissolved by
operation of law or judicial decree.
(e) The expiration of the term of the Partnership as
specified in Section 1.5 above.
12.4 Continuation of Business. During the period of
dissolution, liquidation and termination of the Partnership, the
business of the Partnership may be continued to the extent
necessary to allow an orderly winding up of its affairs, including
but not by way of limitation, the liquidation of the Partnership
pursuant to the provisions of Paragraph 12.5 below and the
providing of and accounting for warranty services for the
residences constructed and sold by the Partnership.
12.5 Liquidation of the Partnership. In the event of a
voluntary dissolution, the assets of the Partnership shall be sold
and the Partners shall continue to share profits and losses during
the period of liquidation in the same proportions as before.
Proceeds from the liquidation of the Partnership assets shall be
applied according to the following priority:
(a) First, to pay all expenses of winding up,
liquidating and terminating the Partnership and all Partnership
obligations and debts to creditors (other than to the Partners
except as otherwise provided herein);
(b) Then, in the order of priority as set forth in
Section 3.3, Paragraphs (a) through (c);
(c) Then, pro rata to the Partners, to the extent of
their Net Invested Capital (as defined in Section 3.3 hereinabove);
(d) And then, to the Partners in accordance with their
respective Partnership interests.
12.6 Termination of the Partnership. The Partnership shall
terminate upon the completion of the dissolution and liquidation
thereof pursuant to the provisions of this Agreement and the
cancellation of the Certificate of Limited Partnership pursuant to
the provisions of Sections 15524 and 15525 of the California
Corporations Code.
ARTICLE THIRTEEN
GENERAL PROVISIONS
13.1 Notices. Except as otherwise provided herein, any
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notice, payment, distribution or other communication which shall be
given to any Partner in connection with the business of this
Partnership shall be deemed delivered if reduced to writing and
either (i) delivered personally to the person to whom it is
authorized to be given at the time of such delivery; or (ii) by the
deposit thereof in the U.S. Mail with postage prepaid thereon,
registered or certified return receipt requested to the address
specified herein; or (iii) by Federal Express or similar overnight
delivery service.
The notice address of each Partner is as follows:
CENTURY CROWELL COMMUNITIES
1535 South "D" Street, 2nd Floor
San Bernardino, California 92408
Attention: John Pavelak
CROWELL INDUSTRIES
1535 South "D" Street, 2nd Floor
San Bernardino, California
cc: Harry Crowell
17780 Fitch Street, Suite 200
Irvine, CA 92714
SANTA ROSA DEVELOPERS, LTD.
Post Office Box 3314
Riverside, CA 92509
Attention: Dennis Troesh
Notice of address changes shall be effective when given
in accordance with this Section.
13.2 Right to Rely Upon the Authority of the Managing General
Partner. No person dealing with the Managing General Partner shall
be required to determine its authority to make any commitment or
undertaking on behalf of the Partnership, nor to determine any fact
or circumstance bearing upon the existence of its authority. In
addition, no purchaser of any property or interest owned by the
Partnership shall be required to determine the sole and exclusive
authority of the Managing General Partner to sign and deliver on
behalf of the Partnership any such instrument or transfer or to see
to the application or distribution of revenues or proceeds paid or
credited in connection therewith, unless such purchasers shall have
received written notice affecting the same.
13.3 Amendments. This Agreement may be amended in whole or in
part by an agreement in writing signed by the General Partner and
the Limited Partner and the Certificate of Limited Partnership
shall be amended, executed as permitted by California Corporations
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Code Section 15622 or otherwise, acknowledged, filed and recorded
as and whenever required by said Code Section 15622.
13.4 Power of Attorney. Each Partner irrevocably constitutes
and appoints the Managing General partner as its attorney -in -fact,
in its name, place and stead to make, execute, acknowledge, file
and record any of the following documents:
(a) The original and any modification of or amendment to
the Certificate of Limited Partnership, and any other instrument
that may be required to be recorded or filed by the Partnership;
(b) All documents that may be required to effectuate the
dissolution and termination of the Partnership; and
(c) A fictitious business name statement.
It is expressly understood and agreed by the Partners
that the grant of this power of attorney is coupled with an
interest and shall survive the delivery of an assignment of the
Partnership interest. In the event of any conflict between the
provisions of this Agreement or any amendment to it and any
document executed, acknowledged, sworn to or filed by the Managing
General Partner under this power of attorney, this agreement and
its amendment shall govern.
13.5 Arbitration. Any controversy, dispute or claim arising
out of, in connection with, or in relation to the interpretation,
performance or breach of this Agreement will be resolved, at the
request of either party, by a general reference conducted. by a
retired judge from the panel of Judicial Arbitration & Mediation
Services, Inc. ("JAMS"), appointed pursuant to the provisions of
California Code of Civil Procedure Section 638(1) et seq. The
Partners intend this general reference agreement to be specifically
enforceable in accordance with said Section 638(1). If the
Partners cannot agree upon a member of the JAMS panel, one will be
appointed by the presiding judge in the county in which the matter
is to be heard. The matter will be heard in either Riverside or
San Bernardino Counties.
13.6 Survival of Rights. This Agreement shall be binding upon
and inure to the benefit of the Partners and their respective
heirs, legatees, legal representatives, successors and assigns.
13.7 Construction. The language in all parts of this
Agreement shall be in all cases construed simply according to its
fair meaning and not strictly for or against any of the Partners.
13.8 Paragraph Headings. The captions of the articles of this
Agreement are for convenience and shall not be used in interpreting
the Agreement.
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13.9 Agreement in Counterparts. This Agreement, or any
amendment thereof, may be executed in multiple counterparts, each
of which shall be deemed an original Agreement, and all of which
taken together shall constitute one Agreement, by each of the
Partners; notwithstanding that both Partners are not signatories to
the original or the same counterpart, to be effective as of the day
and year first above written.
13.10 Governing Law. This Agreement and the arrangement
created hereunder shall be construed according to and governed by
California law, except where the terms hereof specifically provide
otherwise.
13.11 Time. Time is of the essence in this Agreement.
13.12 Additional Documents. Each Partner, upon the request of
any other Partner, agrees to perform any further acts and execute
and deliver any documents which may be reasonably necessary to
carry out the provisions of this Agreement.
13.13 Validitv. Should any portion of this Agreement be
declared invalid or unenforceable, then such portion shall be
deemed to be severable from this Agreement and shall not affect the
remainder thereof.
13.14 Pronouns. All pronouns and any variations thereof shall
be deemed to refer to the masculine, feminine, or neuter, singular
or plural, as the identity of the person, persons, entity or
entities may require.
13.13 Exhibits. All exhibits referred to in this Agreement are
expressly incorporated herein by reference as if set forth in full,
whether or not attached hereto.
13.16 Representations. Each Partner, by executing this
Agreement, represents, warrants and covenants that the
representations made by it in this Agreement are true and correct
on the date when made.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the undersigned execute this Partnership
Agreement as of the day and year first above written.
CENTURY HOMES COMMUNITIES,
a California corporation
By:
CROWELL INDUSTRIES,
a California corporation
By 4r C r
Harry C. Crow 1
President
SANTA ROSA DEVELOPERS, LTD.,
a California limited partnership
By: SANTA ROSA DEVELOPERS, INC.,
a California corporation,
Its General Partner
By: a6' �-- _
Dennis Troesh
President
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