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LLA 2000-341city Of Quinta OFFICE USE ONLY s Comm1; Development Department CaseV/ 78-495 Calle Tampico Date Recvd. ,S 5' ' L La Quinta, California 92253 Fee: Si�°`' SGs (760) 777-7125 FAX: (760) 777-1233 Related Apps: APPLICATION FOR LOT LINE ADJUSTMENT APPROVAL LOT LINE ADJUSTMENT applications are reviewed and approved by the Community Development Director pursuant to Chapter 13.32 of the Subdivision Regulations. The purpose of the review is to allow reconfiguration of two or more adjoining lots into sizes or shapes appropriate for desired uses and in compliance with Municipal Code requirements. APPLICANT Dwayne Bo (Print) MAILING ADDRESS 52-190 Citation Court Phone No. 760.564.1987 CITY, STATE, ZIP La Quinta,- CA 92253 Fax No. 760.564.3408 PROPERTY OWNERS *Owner "A" Name: Dwayne Borg Address: 52-190 Citation Court La Quinta, CA 92253 Phone: (City) (State) (Zip) *Owner`B" Name: Tradition Golf Club Address: 78-505 Old Avenue 52 La Quinta, CA 92253 Phone: (City) (State) (Zip) *Owner `C" Phone: (City) (State) (Zip) *Attach sheet for additional owners PROPERTY DATA Property A: Assessor's Parcel Number: 769.880.010 Street Address (if any): 52-190 Citation Court Property B: Assessor's Parcel Number: - Street Address (if any): Property C: Assessor's Parcel Number: Street Address (if any): DESCRIPTION OF ADJUSTMENT REQUESTED: 760.564.1987 760.564.3355 A16:LLA 1-7/16/97 Appvd 1/6/98 cdi GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Owner B hereby GRANTS to Owner A the real property in the City of La Quinta County of Riverside State of California, described as (Property Description) that portion of land in Lot B which is overlaid by the reconfigured shape of Lot A pursuant to LLA _-_ approved by the City of La Quinta. The reconfigured lots are described in Exhibits A and B attached hereto and made a part hereof. NOTE: This grant deed perfects the intent of Lot Line Adjustment _ _ as approved by the City of La Quinta. Fff C u Attached to the Grant Deeds shall be Exhibits A and B, a metes and bounds legal description of the new parcels and a plat (8 %:" x I I") of the new parcels, respectively (see attached sample Exhibits A and B). If structures or other improvements exist on the affected parcel(s), provide separate plot plan showing dimensioned location in relation to new property lines. Filing fee for Lot Line Adjustment. If filing multiple applications, the most expensive application will be charged full fee, with remaining related applications discounted 50% for each. If the nunber of lots adjusted exceeds two, then a Public Works Department plan check fee of $50.00 per lot (over two lots) shall be paid in addition to Lot Line Adjustment fee. ............... SIGNATURE OF APPLICANT. NAME OF APPLICANT (Print) SIGNATURE OF PROPERTY 01 IF NOT SAME AS APPLICANT: NAME OF OWNER (P rint) SIGNATURE OF PROPERTY OWNER IF NOT SAME AS APPLICANT: NAME OF OWNER (Print) SIGNATURE OF PROPERTY OWNER IF NOT SAME AS APPLICANT: NAME OF OWNER (Print) :• •. :• <• .......................w •:• . � a tk "-SL TE t� DATE -'19 o a DATE i 1 / DATE DATE "C„ DATE DATE (Separate written authority by owner to submit application may be provided) I hereby certify that all information contained in this application, including all plans and materials required by the City's application submission requirements, is, to the best of my knowledge, true and correct. FALSE OR MISLEADINC, INFORMATION GNEN IN THIS APPLICATION SHALL BE GROUNDS FOR DENYING APPLICATION. I hereby grant the City authority to enter onto the property to conduct site inspections and to post required public notices. A16:LLA 1-7/16/97 Appvd 1/6/98 cdi P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 September 8, 2000 County Recorder County of Riverside P. O. Box 751 Riverside, CA 92502-0751 (760) 7 7 7 - 7 0 0 0 (TDD) (760) 777-1227 SUBJECT: RECORDING OF LOT LINE ADJUSTMENT 99-341 To Whom It Concerns: The City of La Quinta has approved the above referenced Lot Line Adjustment. Please allow its recording as presented by the applicant. Should you have any questions please call the undersigned at (760) 777-7068. Very truly yours, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR slie Mouriquand Associate Planner I1I LTA Gil c: File: Lot Line Adjustment 99-341 ✓ Tradition Golf Club Dale Kelleher, TKC Dwayne Borg C:\Mydata\ItrapprovalrivcoLLA2000-341 Borg9-8-OO.wpd �� P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 September 8, 2000 Mr. Dwayne Borg 52-190 Citation Court La Quinta, CA 92253 SUBJECT: LOT LINE ADJUSTMENT 2000-341 Dear Mr. Borg, (760) 7 7 7 - 7 0 0 0 (TDD) (760) 777-1227 The Community Development Department has approved LLA 2000-341 for recordation. Enclosed is the approved information for this application. Once recorded, please send a copy of the material to our office for filing. Enclosed is a letter addressed to the County recorder stating that LLA 2000-341 can be recorded. The City has approved this adjustment based on zoning compliance and correctness of the metes and bounds legal description. Any potential conflicts with utility easements should be investigated by the developer at the earliest opportunity. By execution of this approval, the applicant and/or property owner agrees to indemnify, defend, and hold harmless the City of La Quinta from any legal claim or litigation arising out of the City's approval of this lot line adjustment. Should you have any questions, please contact me at (760) 777-7068. Sincerely, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR L LIE MOURIQUA� ssociate Planner Enclosures c: Community Development Director File: LLA 2000-341 C:\Mydata\ItrapprovaILLA2000-341 Borg9-8-00.wpd �� E Tradition Golf Club Dale Kelleher, TKC CAMydata\ItrapprovaILLA2000-341 Borg9-8-OO.wpd EXHIBIT "A" LOT LINE, ADJUSTMENT 2000-341 PARCEL IN QUESTION IN THE CITY OF LA QUINTA, A PORTION OF LOT 35 OF TRACT NO. 28611, ON FILE IN MAP BOOK 269, PAGES 12 THROUGH 17, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 42 OF TRACT NO. 28470-1, ON FILE IN MAP BOOK 266, PAGES 57 THROUGH 60, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY; THENCE SOUTH 77025'43" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 42, A DISTANCE OF 135.00 FEET TO THE SOUTHERLY CORNER THEREOF; THENCE SOUTH 43042'10" WEST ALONG THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF LOT 42, A DISTANCE OF 3.00 FEET; THENCE NORTH 84026'54" WEST, A DISTANCE OF 134.46 FEET TO THE EAST LINE OF LOT 88 OF SAID TRACT NO. 28470-1; THENCE NORTH 12034'17" EAST ALONG SAID EAST LINE, A DISTANCE OF 19.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1,441 SQUARE FEET, MORE OR LESS. FOR GRAPHICAL PURPOSES, SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Epp e(1 tw Date ❑ Planning Commission City Council Comrnun�i' D,ev. Dept. Initials �L--- Case No. Exhibit - ❑ With Conditions O: \40256\SURVEY\L LA\40627\ L LA2000-341. d o c TKC # 40627.000 No. 6587 Exp. 06/30/04 PR A ED-UN HE SUPERVISION OF DAL ELLLEHER DATE THE KEITH COMPANIES - PALM DESERT 760-346-9844 760-346-9368 EXHIBIT "A" LOT LINE; ADJUSTMENT 2000-341 PARCEL B IN THE CITY OF LA QUINTA, STATE OF CALIFORNIA, LOT 35 OF TRACT NO. 28611, ON FILE IN MAP BOOK 269, PAGES 12 THROUGH 17, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY. EXCLUDING THEREFROM THAT PORTION OF SAID LOT 35, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 42 OF TRACT NO. 28470-1, ON FILE IN MAP BOOK 266, PAGES 57 THROUGH 60, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY; THENCE SOUTH 77025'43" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 42, A DISTANCE OF 135.00 FEET TO THE SOUTHERLY CORNER THEREOF; THENCE SOUTH 43042'10" WEST ALONG THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF LOT 42, A DISTANCE OF 3.00 FEET; THENCE NORTH 84026'54" WEST, A DISTANCE OF 134.46 FEET TO THE EAST LINE OF LOT 88 OF SAID TRACT NO. 28470-1; THENCE NORTH 12034'17" EAST ALONG SAID EAST LINE, A DISTANCE OF 19.00 FEET TO THE POINT OF BEGINNING. FOR GRAPHICAL PURPOSES, SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. or;r_g_ci ice,: Date Fc,so #_ CS Fiannina Gcsmmission _ .! C:I?t! GO'rc,il _ 1*G ;rnr,,,r y Dev. Dept. --- nla!s Case t4o /L�e Exnibit _ 0:\40256\SURVEY\LLA\40627\LLA2000-341.doc TKC # 40627.000 LAND KE( No. 6587 Exp. 06/30/04 PR ARE�UN HE SUPERVISION OF September 8. 2000 D <ELLEHER DATE THE KEITH COMPANIES - PALM DESERT 760-346-9844 760-346-9368 �11 c a F y 0 fk000 E > y a) _ U n n �5 c c c o o c U E o U p C T E y Z := 0 ." p 11UU: ca X OO1�(-0Uj T•i'VT-TTRTT "R" � I ' I I � 1 r �IF, , 7 e � I-- CC Q = 1 1 1 0 0 ,o+ o N � � �U7 :Jf1 N P YS0 9Sq �. �rq 0=71'44'11" J )8000. R=38.50' L=48.20' PARCEL 1 AREA (EXIST.) = 26,730 SO FT AREA (ADJ.) = 28,171 SO FT LJ7 -42 , 1i1:1.9! Al .c 2 r� EXIST. LOT LINE o � l N) '25.4,r W o; _ 135.00' N84'26'54'W 134.46' PROP. LOT LINE N43'42'10'E 3.00' LAI 2-1 PARCEL 2 7AM-1 Al 2JAII SCALE 1"=60' 0 30 60 120 180 I LOT LINE ADJUSTMENT NO. 2000-341 1 The Keith Companies MCC 41-865 Boardwalk, Suite 101, Polm Desert, CA 92211 (760) 346-9844 40627.000 PREPARED UNDER THE SUPERVISION OF: SEa LAND sc vv4,oP�F. KEQ f4 Cr No. 6687 EL HER DATE Exp. 06/30/04 PLS 6687 s Exp. 06/30/04 lgrf OF CA,0- li, Lot name: 1 North: 14864.7263 Line Course: N 12-34-17 E North: 14883.2708 Line Course: N 12-34-17 E North: 15029.6746 Curve Length: 48.20 Delta: 71-44-11 Chord: 45.12 Course In: N 12-34-17 E RP North: 15067.2516 End North: 15047.5178 Line Course: S 59-09-54 E North: 14955.2556 Line Course: S 43-42-10 W North: 14853.8858 Line Course: S 43-42-10 W North: 14851.7170 Line Course: N 84-26-54 W North: 14864.7252 East: 13477.6637 Length: 19.00 East: 13481.7992 Length: 150.00 East: 13514.4476 Radius: 38.50 Tangent: 27.84 Course: N 66-42-11 E Course Out: S 59-09-54 E East: 13522.8273 East: 13555.8852 Length: 180.00 East: 13710.4417 Length: 140.22 East: 13613.5612 Length: 3.00 East: 13611.4885 Length: 134.46 East: 13477.6592 Perimeter: 674.88 Area: 28,171 sq.ft. 0.65 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0047 Course: S 75-55-24 W Error North:-0.00114 East:-0.00454 Precision 1: 144,116.33 Lot name: 42 North: 15233.6469 Line Course: S 59-09-54 E North: 15141.3847 Line Course: S 43-42-10 W North: 15040.0150 Line Course: N 77-25-43 W North: 15069.3985 Line Course: N 12-34-17 E North: 15215.8023 Curve Length: 48.20 Delta: 71-44-11 Chord: 45.12 Course In: N 12-34-17 E RP North: 15253.3793 End North: 15233.6455 East: 13676.9137 Length: 180.00 East: 13831.4702 Length: 140.22 East: 13734.5897 Length: 135.00 East: 13602.8263 Length: 150.00 East: 13635.4747 Radius: 38.50 Tangent: 27.84 Course: N 66-42-11 E Course Out: S 59-09-54 E East: 13643.8544 East: 13676.9123 Perimeter: 653.42 Area: 26,730 sq.ft. 0.61 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0020 Course: S 45-25-31 W Error North:-0.00139 East:-0.00141 Precision 1: 330,883.89 E E Lot name: PIQ North: 14761.3128 East: 13561.6156 Line Course: N 43-42-10 E Length: 3.00 North: 14763.4816 East: 13563.6883 Line Course: N 77-25-43 W Length: 135.00 North: 14792.8652 East: 13431.9249 Line Course: S 12-34-17 W Lengtn: 19.00 North: 14774.3207 East: 13427.7894 Line Course: S 84-26-54 E Length: 134.46 North: 14761.3126 East: 13561.6187 Perimeter: 291.46 Area: 1,441 sq.ft. 0.03 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0031 Course: S 85-29-46 E Error North:-0.00025 East: 0.00314 Precision 1: 92,666.03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside I ss. On 7/18/2000 ,before me, Christina J. Dores, Notary Public Date Name and Title of Officer (e, 'Jane Doe, Notary Public") personally appeared Dwayne E. and Maxine E. Borg ---------------------- Named) of Signer(e) personally known to me ❑ proved to me on the basis of satisfactory evidence WCHRISTINA J. DORFSS Commission # 1127459 Notory Public - California Riverside County YCarnrn.50MFeb21,2Dl — Place Notary Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that-he/sFie/they executed the same in -hiis/h®c/their authorized capacity(ies), and that by h 9he signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT €SS my hand and official s al. SlgnaWr�VNol2 Public — OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Lot Line AdjusRment Application Document Date: 7 / 18 / 2000 Signers) Other Than Named Above: David Chapman Capacity(ies) Claimed by SignerE. Maxine E. Signer's Name: /Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Fj Guardian or Conservator ❑ Other: Signer Is Representing: Borg Number of Pages: _ `5 — ®1999 National al Association- 93500e Soto Ave., PO. Box2602•Chrob nB, CA913132402•www.nationalnoarl o, Prod No. 5907 Reorder: Call TOILFree 1-800876 W7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside I ss. On 7/18/2000 before me, Christina J. Dores, Notary Public Data Name and Title of Officer (e g., "Jane Doe, Notary Public ) personally appeared David Chapman --------------------------------- Nema(e) of Signers) epersonally known to me ❑ proved to me on the basis of satisfactory evidence CHRISTINA J. DORES v■9 Commission # 1127459 ` Z Notary Public - California _ Riverside County My Comm. Fpies Feb 20, Z01 Place Notary Seal Above to be the persons) whose name(a) is/aree subscribed to the within instrument and acknowledged to me that he/she/tMey executed the same in his/Mee/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s} acted, executed the instrument. WITNESS my hand and official seay Signature otA alary ubhc / / OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Lot Line Adjustment Application Document Date: 7 / 18 / 2000 Signer(s) Other Than Named Above: Number of Pages: %tLUY Dwayne E. and Maxine E. Borg Capacity(ies) Claimed by Siggner Signer's Name: David Chapman ❑ Individual LkCorporateOff icer—Title(s): President ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: TRADITION CLUB ASSOCIATES, L.L.0 L1PIG- HTTH OF SIGNER 01999 National Notary Association • 9350 De Soto Ave.. PO. Bon 2402 • Chattwortq CA 91313-2402 • w .nationalnotary.org Prod No. 5907 aeortler'. Cell Toll -Free 1-800-876-6827 E Tradition Club Assoc. 78-505 Old Ave. 52 La Quinta, CA 92253 (No fee, Government Code 6103 M TAX STATEMENTS TO Tradition Club Assoc. 78-505 Old Ave. 52 La Quinta, CA 92253 TITLE ORDER a ESCROW a SPACE ABOVE THIS LINE FOR RECORDER'S USE APN GRANT DEED rHE UNDERSTANDING GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is $ ❑ computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale. ❑ unincorporated area ❑City of La Quinta, AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. NAME Dwayne E. Borg and Maxine E. Borg, hussband and wife as joint tenants. hereby GRANT(s) to NAME Tradition Club Associates, LLC, a Delaware Limited Liability Company the following described real property in the County of Riverside, State of California: Lot 42, Tract 28470-1 as recorded in MB 263 at Pages 76 through 90' 2000-_ approved by the City of La Quinta. The reconfigured lot is do hereto and made a part hereof. NOTE: This grant deed perfects the intent of Lot Line STATE OF C' COUNTY OF before me, the undersig appeared ❑ personally known to ❑ proved to me on the a Notary Public, in and for said State, personally to be the person whose name is s edged to me that he (she or they) y evidence to this instrument, and acknowl- it. Signature VOTARY PUBLIC IN AND FOR SAID STATE f;v rside County ecords, pursuant to LLA eri ed in E t ' s `A , and "B" attached _ ppr ed by the ity of La Quinta. � 5 David Chapman Lu —oo Dwayne E. Bog c Maxine E. Borgr lr 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside I ss. On 7/18/2000 , before me, Christina J. Dores, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public) personally appeared HX4 I XXX Dwayne E. and Maxine E. Borg----------- Name(s) of Signer(s) Personally known to me ❑ proved to me on the basis of satisfactory evidence CHRISTINA J. DORIS Commission # 1# 12 Notary Public - California _f Riverside County VMYC0mm.B,;pileSFeb20 , 2111 to be the person(s) whose name(s) -is/are subscribed to the within instrument and acknowledged to me that-hefshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official ;e:l,�'r�' Place Notary Seel Above Slgneturep PA'o)afyPublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Grant Deed Document Date: 7/18/2000 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: HNKKKK Dwayne ET' Individual ❑ Corporate Officer — Title(s): ❑ Partner — O Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: David Chapman E. and Maxine E. Borg -±1- RIGHT THUMBPRINT OF SIGNER " 01899 National Wo , Aasocialion • 9350 De Solo Ave., Po. Box 2402 • Chatsworth CA 91313-2CO2 • www.Iebvralnolary.org Prod No. 5907 Reorder'. call TOIbFoi, I-800.876E827 Tradition Club Assoc. 78-505 Old Ave. 52 La Quinta, CA 92253 (No fee, Government Code 6103 N L TAN STATESaNTS TO Tradition Club Assoc. 78-505 Old Ave. 52 La Quinta, CA 92253 TITLE ORDER a ESCROW a SPACE ABOVE THIS LINE FOR RECORDER'S USE APN GRANT DEED THE UNDERSTANDING GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is $ ❑ computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale. ❑ unincorporated area []City of La Quinta, AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. NAME Tradition Club Associates, LLC, a Delaware Limited Liability Company hereby GRANT(s) to NAME Dwayne E. Borg and Maxine E. Borg, hussband and wife as joint tenants. the following described real property in the County of Riverside, State of California: Lot 35, Tract 28611 as recorded in MB 269 at Pages 12 through 17, Riverside County Records, that portion of land in Lot 35 which is overlayed by the reconfigured shape of Lot 4 , ract 28470-1 as recorded in MB 263 at Pages 76 through 90 pursuant to LLA 2000-_ approved by the City of uinta. T;proved ured lot is described in Exhibits "A" and "B" attached hereto and made a part hereof. NOTE: This grant deed perfects the intent of Lot. Line A u nt 2000- by the City of La Quinta. STATE\OF CALIFORNIA before me, the undersigned, a Notary Public, in and for said State, personally appeared \ ❑ personally knowndo me ❑ proved to me on the leans of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowl- edged to me that he (she or they) executed it. Signature NOTARY PUBLIC M AND FOR SAID STATE David Chapman Dwayne E. Bor Maxine E. Borg CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside I ss. On 7/18/2000 , before me, Christina J. Dores, Notary Public Date Name and Title of Officer (e q.,'Jane Doe, Notary Public") personally appeared David Chapman ------------------------------------ Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence CHRISTINA J. DORES _ Commissionill, 1127459 Notary Public - California Riverside County My Comm. Espies Feb 20, 200) to be the persons) whose name(s) is4le- subscribed to the within instrument and acknowledged to me that he/sheA" executed the same in his/hefHheir authorized capacity(ies), and that by hisAher/thett signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal Place Notary Seal Above Signature of Nptgy� tic L — OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 7 / 18 /2000 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: David Chapman Grant Deed Number of Pages Dwayne E. and Maxine E. Borg —I— ❑ Individual i/ Corporate OfficerTitle(s): President Top of thumb here ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: TRADITION CLUB ASSOCIATES, L.L.C. 91999 National Notary Association • 936o 00 Soto Ave., P0. Sox 2402 • Cbalswortl. CA 913132402 • www.natenalnotariarg Prod. No. 5907 Reorder: Cull Toll Free 1 60o-696L89 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I Riverside ss. County of On 7/18/2000 ,before me, Christina J. Dores, Notary Public Dire Name and Tfle of Officer to 9 , "Jane Doe, Notary Public") personally appeared Dwayne E. and Maxine E. Borg ---------------------- Nbrnep) of Slgnerls) P personally known to me ❑ proved to me on the basis of satisfactory evidence 41 CHRISTINA-ah J. DOR6 Commission # 1127459 Notary Public - California Riverside County My Comm. Elipies feb20, 2D)1 to be the person(s) whose name(s) isiare subscribed to the within instrument and acknowledged to me that heishe/they executed the same in hsihet/their authorized capacity(ies), and that by his/Ytef/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal _ ' Place Notary Seal Above Signature of able — OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Grant Deed Document Date: 7/18/2000 Signers) Other Than Named Above: David Number of Pages: —1— Capacity(ies) Claimed by Signer _Siggnner's Name: Dwayne E. and Maxine E. Borg Ltd Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association • 9350 De Soto Ave.. P 0. Box 2402 • Chatsworth CA 91313-2402 • www.nationalretar, org Prod No. 5907 Reorder, Call Toll Free 1 800-876 6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside I ss. On 7/18/2000 before me, Christina J. Dores, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared David Chapman ------------------------------------- !!+�� CHRISTINA J. DORES vr+'Mh Commission # 1127459 Notory Public - CalifoMa £ `na1 Riverside County My Comm. l3pies Feb2Q 2tb1 �rsdonally known to me ❑ proved to me on the basis of satisfactory evidence to be the persons) whose nani isk- subscribed to the within instrument and acknowledged to me that he/staeMiey executed the same in his/heF4heif authorized capacity(ires), and that by hisihen'the:. signature(*on the instrument the personl or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official se h Place Notary Seel Above Signature rrPublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document/y^�R Grant Deed Title or Type of Document L� i1/�� Document Date:"XX%H$fiDi 7/18/2000 Number of Pages: —1 Signer(s) Other Than Named Above: Dwayne E Capacity(ies) Claimed by Signer Signer's Name: David Chapman ❑ Individual [C,torporateOfficer —Title(s): President ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator CI Other: and Maxine E. Borg Signer Is Representing: TRADITION CLUB ASSOCIATES, L.L. C RIGHTTHUMBPRINT OFSIGNER I' IS 1999 National Notary Association •9350 De Soto Ave.,PO. Box 2402• Cbanxiom, CA 913132402• exe nationaInotar, org Prod. No. 5907 Heorden Call Toll -Free 1800-876-6827 AOL »:n uxernn oeeo,v,ouxua oniuwueniowx ueu,w uxi..�ernrcurxrra ' Tradition Club Assoc. 78-505 Old Ave. 52 La Quinta, CA 92253 (No fee, Government Code 6103 MAIL TAX STATEMENTS TO Tradition Club Assoc. 78-505 Old Ave. 52 La Quinta, CA 92253 CC PY of Document Recorded 0RCT 0 5 2000as No. 3�� r(�-- Has not been compared with original. RIVERSIDE COUNTY RECORDER TITLE OMERM ESCROW# SPACE ABOVE THIS LINE FOR RECORDER'S USE . APN -n()-Z p0• 0101 GRANT DEED -TRA 0zn-teo THE UNDERSTANDING GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is $ ❑ computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale. ❑ unincorporated area ❑City of La Quinta, AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. NAME Tradition Club Associates, LLC, a Delaware Limited Liability Company hereby GRANT(s) to NAME Dwayne E. Borg and Maxine E. Borg, hussband and wife as joint tenants. the following described real property in the County of Riverside, State of California: Lot 35, Tract 28611 as recorded in MB 269 at Pages 12 through 17 in Lot 35 which is overlayed by the reconfigured shape of Lot 4YTI through 90 pursuant to LLA 2000-341approved by the City of u Exhibits "A" and `B" attached hereto and made a part hereof. NOTE: This grant deed perfects the intent of Lot Line STAT OF CALIFORNIA COUNT OF before me, the ndersigned, allotary Public, in and for said State, personally appeared ❑ personally know o me ❑ proved to me on the asis of satisfactory evidence to be the person whose n e is subscribed to this instrument, and acknowl- edged to me that he (she or they) executed it. ME Riverside County Records, that portion of land tct 28470-1 as recorded in MB 263 at Pages 76 The reconfigured lot is described in red by the City of La Quinta. iTESC, A DELAWARE LIMITED LIABILITY COMPANY David Chapman —PRESIDENT La, Dwayne E. Bori UANTEE Maxine E. Borg — GRANTEE 11 EXHIBIT "A" LOT LINE ADJUSTMENT 2000-341 PARCEL IN QUESTION IN THE CITY OF LA QUINTA, A PORTION OF LOT 35 OF TRACT NO. 28611, ON FILE IN MAP BOOK 269, PAGES 12 THROUGH 17, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 42 OF TRACT NO. 28470-1, ON FILE IN MAP BOOK 266, PAGES 57 THROUGH 60, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY; THENCE SOUTH 77025'43" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 42, A DISTANCE OF 135.00 FEET TO THE SOUTHERLY CORNER THEREOF; THENCE SOUTH 43042'10" WEST ALONG THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF LOT 42, A DISTANCE OF 3.00 FEET; THENCE NORTH 84026'54" WEST, A DISTANCE OF 134.46 FEET TO THE EAST LINE OF LOT 88 OF SAID TRACT NO.28470-1; THENCE NORTH 12034' 17" EAST ALONG SAID EAST LINE, A DISTANCE OF 19.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1,441 SQUARE FEET, MORE OR LESS. FOR GRAPHICAL PURPOSES, SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. pro led by Date R(19 _A 0 Planning Commission - q City Council � Commurnt Dev. Dept. Initials Case No. LLri ai D-62 --y� Exhibit ❑ With Conditions 0:\402561S U RV EY\L LAk10627\LLA2000-341. do e TKC # 40627.000 No. 6687 Exp. 06/30/04 PR A UN HE SUPERVISION OF pp -PI 4444 Aber 8-2000 DAL PI-LEHER DATE THE KEITH COMPANIES - PALM DESERT 760-346-9844 760-346-9368 EXHIBIT "A" LOT LINE ADJUSTMENT 2000-341 PARCEL A IN THE CITY OF LA QUINTA, STATE OF CALIFORNIA, ALL OF LOT 42 OF TRACT NO. 28470-1, ON FILE IN MAP BOOK 266, PAGES 57 THROUGH 60, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, TOGETHER WITH A PORTION OF LOT 35 OF TRACT NO. 28611, ON FILE IN MAP BOOK 269, PAGES 12 THROUGH 17, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 42; THENCE SOUTH 77025'43" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 42, A DISTANCE OF 135.00 FEET TO THE SOUTHERLY CORNER THEREOF; THENCE SOUTH 43042'10" WEST ALONG THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF LOT 42, A DISTANCE OF 3.00 FEET; THENCE NORTH 84026'54" WEST, A DISTANCE OF 134.46 FEET TO THE EAST LINE OF LOT 88 OF SAID TRACT NO. 28470-1; THENCE NORTH 12034' 17" EAST ALONG SAID EAST LINE, A DISTANCE OF 19.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL 1 CONTAINS 28,171 SQUARE FEET, MORE OR LESS. FOR GRAPHICAL PURPOSES, SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. fr119101ncp r`'ommission Dev. Dept. +aye No. Li s9 aAOI -3�// Exhibit 1.7 VVith Conditions Date Reso # LQ�F_.LL 0:\40256\SURVEY\LLA\40627\LLA2000-341.doc TKC # 40627.000 No. 6687 Exp. 06/30/04 PR7R N E SUPERVISION OF 4otember 8. 2000 DALE ELLEHER DATE THE KEITH COMPANIES - PALM DESERT 760-346-9844 760-346-9368 r EXHIBIT "A" LOT LINE ADJUSTMENT 2000-341 PARCEL B IN THE CITY OF LA QUINTA, STATE OF CALIFORNIA, LOT 35 OF TRACT NO. 28611, ON FILE IN MAP BOOK 269, PAGES 12 THROUGH 17, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY. EXCLUDING THEREFROM THAT PORTION OF SAID LOT 35, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 42 OF TRACT NO. 28470-1, ON FILE IN MAP BOOK 266, PAGES 57 THROUGH 60, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY; THENCE SOUTH 77025'43" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 42, A DISTANCE OF 135.00 FEET TO THE SOUTHERLY CORNER THEREOF; THENCE SOUTH 4304210" WEST ALONG THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF LOT 42, A DISTANCE OF 3.00 FEET; THENCE NORTH 84026'54" WEST, A DISTANCE OF 134.46 FEET TO THE EAST LINE OF LOT 88 OF SAID TRACT NO. 28470-1; THENCE NORTH 12034' 17" EAST ALONG SAID EAST LINE, A DISTANCE OF 19.00 FEET TO THE POINT OF BEGINNING. FOR GRAPHICAL PURPOSES, SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Approved bv:: Date Reso # 0 Planning Commission _ U City Cour!uii _ -Ommunay Dev. Dept. Initials . Q� �D Case No. Exhibit 0 With Conditions O:W 0256\S U RVEY\LLAW 0627\LLA2000-341.doc TKC # 40627.000 No. 6687 Exp. 06/30/04 PR AREq.UN HE SUPERVISION OF CAkrA<ELIEHEPZ DATE THE KEITH COMPANIES - PALM DESERT 760-346-9844 760-346-9368 ni EXHIBIT "B" 4IIIII 'I I• II ' 1 c s N 0 In r r O � N V E v c 1 .) \ >UcE o U \ c �,E mZ =t g aUU;° 0 X3 NSy09s ❑ Og:= cw A=71.44'11" �8.00, R=38.50' L=48.20' PARCELI AREA (EXIST.) = 26,730 SO FT r AREA (ADJ.) = 28,171 SO FT W f ) ^ti = P.O.S.EXIST. LOT LINE SARI �b $ _ N7r?5'4-rw o; �35.0p N84'26-54"W 134.46' _ -PROP, LOT LINE N4S42'10'E 3.00' ! J7 33 PARCEL 2 i;JAW AS, 2=1 SCALE 1" =60' 0 30 60 120 180 LOT LINE ADJUSTMENT NO. 2000-341 1 The Keith Companies ln<c 41-865 Bowdwolk, Suite 101. Palm Desert, CA 92211 (760) J46-9844 PREPARED UNDER THE SUPERVISION OF: SEa LANp /I a/up'd No. 6687 EL HER DATE Exp. 06/30/04 PLS 6687 sl Fxp. 06/30/04 're CF rm SFr Lot name: 1 North: 14864.7263 Line Course: N 12-34-17 E North: 14883.2708 Line Course: N 12-34-17 E North: 15029.6746 Curve Length: 48.20 Delta: 71-44-11 Chord: 45.12 Course In: N 12-34-17 E RP North: 15067.2516 End North: 15047.5178 Line Course: S59-09-54 E North: 14955.2556 Line Course: S 43-42-10 W North: 14853.8858 Line Course: S 43-42-10 W North: 14851.7170 Line Course: N 84-26-54 W North: 14864.7252 East: 13477.6637 Length: 19.00 East: 13481.7992 Length: 150.00 East: 13514.4476 Radius: 38.50 Tangent: 27.84 Course: N 66-42-11 E Course Out: S 59-09-54 E East: 13522.8273 East: 13555.8852 Length: 180.00 East: 13710.4417 Length: 140.22 East: 13613.5612 Length: 3.00 East: 13611.4885 Length: 134.46 East: 13477.6592 Perimeter: 674.88 Area: 28,1.71 sq.ft. 0.65 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0047 Course: S 75-55-24 W Error North:-0.00114 East:-0.00454 Precision 1: 144,116.33 Lot name: 42 North: 15233.6469 Line Course: S 59-09-54 E North: 15141.3847 Line Course: S 43-42-10 W North: 15040.0150 Line Course: N 77-25-43 W North: 15069.3985 Line Course: N 12-34-17 E North: 15215.8023 Curve Length: 48.20 Delta: 71-44-11 Chord: 45.12 Course In: N 12-34-17 E RP North: 15253.3793 End North: 15233.6455 East: 13676.9137 Length: 180.00 East: 13831.4702 Length: 140.22 East: 13734.5897 Length: 135.00 East: 13602.8263 Length: 150.00 East: 13635.4747 Radius: 38.50 Tangent: 27.84 Course: N 66-42-11 E Course Out: S 59-09-54 E East: 13643.8544 East: 13676.9123 Perimeter: 653.42 Area: 26,730 sq.ft. 0.61 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0020 Course: S 45-25-31 W Error North:-0.00139 East:-0.00141 Precision 1: 330,883.89 1 Lot name: PIQ North: 14761.3128 Line Course: N 43-42-10 E North: 14763.4816 Line Course: N 77-25-43 W North: 14792.8652 Line Course: S 12-34-17 W North: 14774.3207 Line Course: S 84-26-54 E North: 14761.3126 East: 13561.6156 Length: 3.00 East: 13563.6883 Length: 135.00 East: 13431.9249 Length: 19.00 East: 13427.7894 Length: 134.46 East: 13561.6187 Perimeter: 291.46 Area: 1,441 sq.ft. 0.03 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0031 Course: S 85-29-46 E Error North:-0.00025 East: 0.00314 Precision 1: 92,666.03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California J Riverside } ss. County of On 7/18/2000 before me, Christina J. Dores, Notary Public Dale Name and The of officer (e.g.,'Jane Doe, Notary Public) ' personally appeared Dwayne E. and Maxine E. Borg---------------------- �� Names) of Signers) 2 personally known to me ❑ proved to me on the basis of satisfactory evidence CHRISTINA J. DORES s Commission # 1727459 x - Notary Public - California ' Riverside County MY reb24 2MI to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that-hefs}ie/they executed the same in -hislJudtheir authorized capacity(ies), and that by hialther/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT�SS my hand and official s al. Place Notary Seal Above Signatur N Public - OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Lot Line Adjusdiment Application Document Date: 7 / 18 / 2000 Signer(s) Other Than Named Above: David Chapman Capacity(ies) Claipped by S'Et.gner Signer's Name: Dwayne and 3;-rn'd ividual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Maxine E. Borg Number of Pages: — 15—" R11GHTTHIJMBPRINT z OF 61GNER rl ILN I—., nM0.Ww,.. ue awea... ". aa, 240Z I Gh9leWplb, CA 913132,102 • wxw.naibniurciary v, Prod. No. 5907 Reorder. Cell Tall -Free 1-800-876 W7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside I ss. On 7/18/2000 before me, Christina J. Dores, Notary Public Data Name and Title of Officer (e.g.,'Jone Doe, Notary Public') ' personally appeared David Chapman --------------------------------- Name of Signers) ' Lg personally known to me ❑ proved to me on the basis of satisfactory evidence CHRISTINA J. D0R6 L Commission # 112745? Notary Public - Califomk) Riverside County W Comm..... Feb20,2001 to be the person(e) whose name(a3 is/are subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/her/t+reir authorized capacity(ies), and that by his/herFtheir signature(s) on the instrument the person(s),, or the entity upon behalf of which the person(s)- acted, executed the instrument. WITNESS my hand and official sea Place Notary Seal Above Signature o a"Veblic — OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Lot Line Adjustment Application Document Date: 7 / 18 / 2000 Signer(s) Other Than Named Above: HUN)[ Dwayne E Capacity(ies) Claimed by Signer Signer's Name: David CFiapman ❑ Individual LH--C'orporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: President Number of Pages: — `_;? — and Maxine E. BorR Signer Is Representing: TRADITION CLUB ASSOCIATES, L.L.C. RIGHT:THUMBPRINT :'/.OF SIGNER I I Top of thumb he - =a.,..,n„-, ,,, ywuawn'x ue amoave., F.U. 13m P10t!- ul,wplll, CA e131b2402•www.nellonelwteryerg Pm6. No. 5907 Reorder. Cell Toll -Free 1�876fi 7 it f Letter of Transmittal Date: September 8, 2000 To: LESLIE MOURIQUAND CITY OF LA QUINTA (01 The Keith Companies I ompaniesI mcc Job No.: 40627-205 Project: TRADITION CC: Re: BORG LLA We are sending you attached as checked below: Q For approval Q For your use As requested 0 For review & comment Q Other: Items transmitted: Copies Doc Date Pages Description 1 I REVISED LEGAL AND PLAT FOR LLA 2000-341 Remarks: Signed: DALE KELLEHER Surveyor 346-9844 (t), 346-9368 (f) Email: dale.kelleher@keithco.com iN ECENE, SEP - 8 2= D CITY OF LAQUINTA PLANNING DEPARTMENT 41-865 Boardwalk Suite 101 Palm Desert Califomia 92211 l: 760.346.9844 www.keithco.com L l"" TRANSHMAL MEMO TO: _CITY MANAGER _PARKS DEPARTMENT _BUILDING & SAFETY _CODE ENFORCEMENT _FIRE MARSHAL i, PUBLIC WORKS DEPARTMENT _JERRY HERMAN L"TAN SAWA FROM: COMMUNITY DEVELOPMENT DEPARTMENT - LESLIE MOURIQUAND DATE: �o�d�a SUBJECT: PROJECT REVIEW CASE: PLEASE REVIEW AND PROVIDE ANY COMMENTS YOU MAY HAVE ONTHEATTACHED ITEM BY COMMENTS: iI R&/,OW ac 6x tBirs %1 6 FoR �� LrE ADTusrA,.-...� LG f� zmoc- 3 yo �As PAE�a a6D By %SFc' �S'.sr/?,�/ Co,�PA..vi�s /1.Ps BF�.J CoMPLETEt� 4.✓D i-o. n TO " 7G61;N/44LW eaRRA!T A4 4g CAN�aRMA.�w w/TA T!/� Subb�v�S/vnl MAO he> LAd[7 SHev [s 4PT A.✓D C/Tr� Fes. TO: FROM: TRANSMITTAL MEMO _CITY MANAGER _PARKS DEPARTMENT _BUILDING & SAFETY _CODE ENFORCEMENT _FIRE MARSHAL. /PUBLIC WORKS DEPARTMENT _JERRY HERMAN tjiAN SAWA COMMUNITY DEVELOPMENT DEPARTMENT - LESLIE MOURIQUAND SUBJECT: PROJECT REVIEW CASE: Z_Z_X V �G� e i/�2E 64 zC� PLEASE REVIEW AND PROVIDE ANY COMMENTS YOU MAY HAVE ONTHEATTACHEDITEM BY COMMENTS: Z Letter of Transmittal Date: August 9, 2000 To: LESLIE MOURIQUAND CITY OF LA QUINTA The Keith Co mpa niesl MCC Job No.: 40627-205 Project: TRADITION CC: Re: BORG LLA We are sending you attached as checked below: Q For approval 0 For your use Z As requested [Q For review & comment ❑ Other: Items transmitted: Copies Doc Date Pages Description 1 1 LEGAL AND PLAT FOR LLA 2000-341 Remarks: Signed: DALE KELLEHER Surveyor 346-9844 (t), 346-9368 (f) Email: dale.kelleher@keithco.com AUG -9 2000 41-865 Boardwalk Suite 101 Palm Desert Callfomia 92211 t: 760.346.9844 www.keithoo.tom Fidelity l�a �ogal .Title Company w er Services AY = 6 7344 Magnolia Avenue, Suite 275 • Riverside, CA 92504 (909) 637-0414 • FAX (909) 637-1936 May 25, 2000 The Keith Companies Attn: Dale Kelleher 41-865 Boardwalk, Suite 101 Palm Desert, CA 92211 Order No.: 9790119 We have enclosed 3 copies of the Preliminary Report for our Order Number 9790119. Please call us immediately if you have any questions or concerns. Sincerely, Countersigned Fidelity National Title Company !I;. ,'ii,; Fidelity National Title Company PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, Binder or Commitment should be requested. The Policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California corporation. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. If- / r Countersigned FMWHy Natlonal Tine Company ar VOR4■l of SEAL ' Prwant ATTEST Seae1B1 Fidelity National Title Company Builder Services 7344 Magnolia Avenue, Suite 275 • Riverside, CA 92504 (909) 637-0414 • FAX (909) 637-1936 PRELIMINARY REPORT ORDER NO.: 9790119 TITLE OFFICER: John M. Glance TO: The Keith Companies 41-865 Boardwalk, Suite 101 Palm Desert, CA 92211 ATTN: Dale Kelleher SHORT TERM RATE: PROPERTY ADDRESS: EFFECTIVE DATE: May 4, 2000, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: LOT LINE ADJUSTMENT 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: DWAYNE E. BORG AND MAXINE E. BORG, husband and wife as joint tenants, as to Parcel A; and TRADITION CLUB ASSOCIATES, LLC, as to Parcel B 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF LA QUINTA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF TV\cy 05/25/2000 11 Order No. 9790119 EXHIBIT "ONE" PARCEL A: Lot 42 of Tract No. 28470-1 , in the City of La Quinta, County of Riverside on file in Book 263, Page(s) 76 through 90 of Maps, Records of said County, California. PARCEL B: Lot 35 of Tract No. 28611, in the City of La Quinta, County of Riverside on file in Book 269, Page(s) 12 through 17, inclusive of Maps, Records of said County, California. Excepting therefrom: Beginning at the Northerly most corner of Lot 13 of Tract 28470-2 as shown in Map Book 266, Page(s) 57 through 60, inclusive, records of said Riverside County, said corner being on a curve concave Southwesterly having a radial bearing of North 49' 03' 06" East; thence along the Northeasterly line of said Lot 13 along the arc of said curve having a radius of 703.50 feet through a central angle of 1 1 ° 58' 06" a distance of 146.95 feet to the most Easterly corner of said Lot 13; thence along a Northeasterly prolongation of the Southeasterly line of said Lot 13 North 61 ° 01' 12" East a distance of 20.00 feet to a point on a curve concentric with and 20.00 feet Northeasterly of the Northeasterly line of said Lot 13; thence Northwesterly along said curve having a radius of 723.50 feet through a central angle of 1 1 ° 58' 06" a distance of 1 51 .13 feet to a point on the Northeasterly prolongation of the Northwesterly line of said Lot 13; thence along said prolongation South 49' 03' 06" West a distance of 20.00 feet to the point of beginning. Also excepting therefrom: Beginning at the Northerly most corner of Lot 12 of Tract 28470-2, as shown in Map Book 266, Page(s) 57 through 60, inclusive, records of said Riverside County; thence along the Northeasterly line of said Lot 12 South 580 39' 48" East a distance of 73.08 feet to a point on a non -tangent curve, said point having a radial bearing of North 43' 0 1 ' 45" East; thence along the arc of said curve concave Southwesterly having a radius of 703.50 feet through a central angle of 061 01' 21" a distance of 73.95 feet to the Westerly most corner of said Lot 12; thence along a prolongation of the Southeasterly line of said Lot 12 North 49' 03' 06" East a distance of 20.00 feet; thence along the arc of a curved concentric with the last mentioned curve having a radius of 723.50 feet through a central angle of 02' 43' 55" a distance of 34.50 feet to a point of compound curvature, said point having a radial bearing of North 460 19' 11 " East thence along the arc of said curve concave Southwesterly having a radius of 225.00 feet through a central angle of 300 01' 24" a distance of 117.90 feet to a point on a Northeasterly prolongation of the Northwesterly line of said Lot 12; thence along said prolongation South 370 05' 48" West a distance of 9.99 feet to the point of beginning. Order No. 9790119 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2000-2001. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. 3. Water rights, claims or title to water, whether or not disclosed by the public records. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto dedicated, acquired, reserved or excepted for public use by Coachella Valley Water District, formerly Coachella Valley County Water District 5. 14 In favor of: The public Purpose: Public roads and rights of way, private easements and rights of way for roads, pipe lines, ditches, and conduits on, over, under or across the herein described property, existing for the purpose of ingress and egress from other lands by means of such roads and for the purpose of conveying irrigating and domestic water to such other lands by means of such pipe lines, ditches and conduits. Easements) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: County of Riverside Purpose: Roads Recorded: July 23, 1928, Book 771, Page 245, of Deeds Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Southern Sierras Power Company Purpose: Either or both pole lines, conduits or underground facilities Recorded: October 14, 1930, Book 876, Page 375, of Deeds Easementls) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: County of Riverside Purpose: Roads Recorded: December 23, 1930, Book 867, Page 168, of Deeds Rights of the public as to any portion of the land lying within the area commonly known as 30.00 feet on each side of section lines, pursuant to a Resolution of the Board of Supervisors of the County of Riverside, Dated: January 9, 1901 Recorded: April 17, 1959, Instrument No. 32692, of Official Records ITEMS: (Continued) Order No. 9790119 9. A non-exclusive permanent easement, agreement and covenants for the hereinafter specific purposes and incidental purposes, in favor of Coachella Valley Water District, a public agency, in instrument recorded April 28, 1987 as Instrument/File No. 117347 of Official Records. Said easement is for flood and storm water control facilities and nights of ingress and egress. 10. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Coachella Valley Water District Purpose: Underground pipe line for storm drain purposes Recorded: September 17, 1987, Instrument No. 269707, of Official Records 11. The right to future vested interest in said property as reserved by Crystal Canyon of La Quinta, a California Limited Partnership, in deed recorded August 15, 1989 as Instrument/File No. 276096 and October 2, 1989 as Instrument/File No. 340802, both of Official Records. 12. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document, - Granted to: City of La Quinta Purpose: Street and utility purposes Recorded: May 23, 1990, Instrument No. 188794, of Official Records 13. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: City of La Quinta Purpose: Public street and public utility purposes Recorded: May 16„ 1991, Instrument No. 163332, of Official Records M ITEMS: (Continued) ® Order No. 9790119 14. Recitals as shown on that certain map, which, among other things states: "The effect of a Declaration of Dedication as shown by the Owner's Statement of said map, purporting to irrevocable dedicate in perpetuity to the Coachella Valley Water District an easement over Lots "K" through "R" inclusive, designated as "Private Streets", and Lot 91, the Main Yard, and those easements designated "CVWD Utility Easement" shown thereon for domestic water and sanitation purposes. The easements so dedicated included the right to enter upon said lands to survey, construct, reconstruct, lay relay, maintain, operate, control, use and remove pipe lines, fixtures and appurtenances and to remove objects interfering with the construction, operation and maintenance thereof. An easement 10.00 feet in width in favor of the City of La Quinta and the Imperial Irrigation District for public utilities and incidental purposes, as shown on the map of said tract. Said easement is for the excavation, laying, construction, installation, maintenance, operation, inspection, repair, replace, and removal of public utilities, electrical lines, wires, cables, ducts, supports, fixtures, facilities and appurtenances, with the right of ingress and egress over the same for maintenance, operation, and emergency vehicles as shown thereon. The effect of a Reservation as contained in the Owner's Statement on said map whereby the Subdivider reserves for the sole benefit of themselves, their successors, and assignees and undevelopable open space easements over Lots 27 through 30, inclusive as shown thereon, for preservation of natural open space in perpetuity, and drainage easements across Lots 20 and 25 as shown thereof". Reference is made to said map for full particulars. 15. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) as set forth in the document Recorded: July 25, 1997, Instrument No. 262677, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which are stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. And re -recorded August 15, 1997, Instrument No. 292176, of Official Records Modification(s) of said covenants, conditions and restrictions Recorded: April 2, 1998, Instrument/File No. 126793, of Official Records 16. The effect of a document entitled "Domestic Water and/or Sanitation Installation Agreement", dated June 16, 1997 by and between Coachella Valley Water District and Tradition Club Associates, LLC, recorded September 17, 1997 as Instrument/File No. 338381 of Official Records, Riverside County, California. Reference being made to the record for full and further particulars. 17. A Notice executed by Tradition Club Associates, LLC, recorded June 29, 1998 as Instrument/File No. 265367, which, among other things states that the Coachella Valley Water District will levy charges against the owners of each of the aforementioned lots for water system backup facilities, sanitation capacity as well as any other customary charges then in effect. These charges will be due and payable upon request by the Coachella Valley Water District at the time of installation of the water meter at the rates in effect at the time payment is made. ITEMS: (Continued) ® Order No. 9790119 18. Terms and provisions as contained in an instrument Entitled: Notice Executed by: Tradition Club Associates, LLC Recorded: July 28, 1998 as Instrument/File No. 311896 of Official Records. Which, among other things, provides: The Coachella Valley Water District will levy charges for water system backup facilities, sanitation capacity as well as any other customary charges then in effect. These charges will be due and payable upon request by the Coachella Valley Water District at the time of installation of the water meter, at the rates in effect at the time payment is made. 19. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: Dated: Trustor: Trustee: Beneficiary Loan No.: Recorded: Affects: $1, 200„000.00 March 8, 2000 Dwayne E. Borg and Maxine TIM, Inc:. Bank of America, N.A. 606542.1676 E. Borg, husband and wife March 14, 2000, Instrument No. 2000-092657, of Official Records The herein described land and other land. END OF ITEMS Note 1. Section 12413.1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. Note 2. The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. Note 3. California Revenue and Taxation Code Section 18668, effective January 1, 1991, requires that the buyer in all sales of California Real Estate, wherein the Seller shows an out of State Address, withhold 3-1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. 2 El NOTICE IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been entered into that provides persons who bought, sold or refinanced residential real property in the State of California between July 1, 1989 and February 28, 1 997, with certain rights. If you are such a person and you are now engaged in an escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1, 1989 and February 27, 1997, which was handled by one of the above listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary title report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a reconveyance or release or obligation in the event that one inadvertently had not been previously recorded in the escrow transaction previously handled by one of the above -named title companies. If you believe that you are entitled to benefits as a class member, please send your written requests or any questions concerning the foregoing to Janet Borack, Legal Department, Fidelity National Title Insurance Company, 17911 Von Karman Avenue, Suite 300, Irvine, California 92614. El E ITEMS: (Continued) WIRE INSTRUCTIONS FIDELITY NATIONAL TITLE INSURANCE COMPANY BUILDER SERVICES Order No. 9790119 SENATE BILL 1550, WHICH BECAME EFFECTIVE JANUARY 1, 1985, REQUIRING THE TITLE COMPANIES TO DISBURSE ON COLLECTED FUNDS HAS RAISED MANY QUESTIONS. THE FOLLOWING INFORMATION IS PROVIDED TO ASSIST OUT CUSTOMERS WITH THIS LAW: THE FASTEST METHOD FOR RECEIVING COLLECTED FUNDS IS BY WIRE TRANSFER OF FUNDS CREDITED TO YOUR ACCOUNT. THE FOLLOWING INSTRUCTIONS SHOULD BE USED WHEN FUNDS ARE BEING WIRED TO OUR BANK: A) WIRE FUNDS THROUGH THE FEDERAL RESERVE BANK TO: WELLS FARGO BANK, N.A. SAN FRANCISCO, CA 94163 ROUTING NUMBER: 121000248 B) FOR CREDIT TO:FIDELITY NATIONAL TITLE COMPANY TITLE TRUST ACCOUNT ACCOUNT NUMBER: 4311 743660 FOR FURTHER CREDIT TITLE ORDER NO.: 9790119 SPECIAL INSTRUCTIONS TITLE OFFICER: JOHN M. GLANCE 0 � - �°- \§ , / ~-- r!m = --®T ° m 29 / J —� T-L o d�CDi O ;.s Or c m � o •iodae'� env/ �" y`'Wv r O Tn� N m 6 O N a a v TNA OYOL]0 J A -DAMS- STREET Pry . O ~YY _ 0 EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS n addition to the Exceptions in Schedule 3, you are not .cured avainet loss, costs, aummeys' lees, and expenses ... off., from: 1. Governmental police power, and Me existence or violation of any law or government regulation. This includes bulldog and zoning ordinances and also laws and regulations concerning: land use improvements on Me land and division environmental protection This exclusion does not apply to violations or Me enforcement of Mesa matters which appear In Me public records at policy data This exclusion does not lost Me zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take Me land by condemning it, unless: •a notice of exercising the right appears an Me public records on Me Policy Data • Me taking happened prior to Me Policy Data and is binding on you if you bought Me land without knowledge of Me take, $.Title Risks: • that are created, allowed, or agreed to by you • Mat are known to you, but not to us, on Me Policy Date -unless May appeared n Me public records • Mat result Is no loss to you • Mat first affect your title after Me Policy Date - MIs does not limit Me labor and material Ilan coverage In Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right'. • to any land outside Me area specifically described and referred to in Item 3 of Schedule A or n streets, alleys, cr waterways Mat touch your land This exclusion does not limit Me access coverage in Item 5 of Covered Tide Risks. SCHEDULER EXCEPTIONS n addition to Me Exclusions, you are not insured against sea, coats, attorneys" fees, and Me expeneec sulting from. 1. Any rights, 'interests, or claims of parties in possession of Me land not shown by Me public records. 2. Any easements or liens not shown by Me public records. This does not limit Me lien coverage in Item 3 of Covered Title Risks. 3. Any facts about Me land which a correct survey would disclose and which are not shown by Me public records . This does not limit Me forced removal c in item 12 of Covered Tide Risks, 4. Any water rights or clams or title to water n or under Me land, whether or not shown by Me public recortls. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are exprersfy excluded from Me coverage of Mis policy and Me Company will not pay loss or damage, sporde, attorneys fees or expert which arise by re of: 1. (a) Any law, ordinance or governmental regulation including butnot limited to build" and zoniig laws, ordinances, or regulations) restricting, regulating, prohibiting or relating Id Me occupancy, use, or enjoyment of Me land: hil Me scientists, dmensiohe or location of any Improvement now or hereafter ratted on Me land: (III) a separation In ownership or a change an Me dimensions or area of Me land or any parcel of which Me land is or a part; or Irv) eu ental protection, or Me effect of any violation of Mesa laws, ordeances was oragovernments regulations, except to Me extent Met a notice of Me enforcement thereof or a notice of a defect, Ilan or encumbrance resulting from a violation or alleged violation affecting Me land has been recorded in Me public records at Date of Policy. Ib) Any governmental police power not excluded by (a) above, except to Me extent Mate notice of Me exercise thereof or a notice of a defect, lien orencumbrance resulting from a violation or alleged violationc affecting Me land has been recorded in the public records at Date of Policy mn. 2. Rights of eent domain unless notice Me exercise thereof has been recorded to Me public records at Date of Policy, butnot excluding from coverage any taking which has occurred prior to Date of Policy which would be bindng on Me rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse clams, w other matters: (a) whether or not recorded in Me public records at Date of Policy, but created, suffered, assumed or .,read to byinsured nsured claimant; (b) not known to Me Company, not recorded in Me public records at Date of Policy, but known to Me insured claimant and not disclosed in wrung to Me Company by Me nsured clamant prior to Me date Me insured claimant became an insured under Me policy, (of resulting in no loss or damage to Me insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if Me insured claimant had paid value for Me insured red mortgage or for Me estate o Interest n red by this policy. 4. Unenfor issolity of Me lien of Me insured mortgage because of Me inability or failure of Me anred at Date of Policy, or Me it abiliry or failure of any subsequent owner of Me indebtedness, to comply with Me applicable doing business laws of Me state in which Me land is situated. 5. Invalidity or unenforceabild, of Me lien of Me insured mortgage, or claim trai which arises out of Me transaction evidenced by Me insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of Me transaction waiting in Me insured Me estate of interest Insured by Mis policy or Me transaction creating Me interest of Me insured lender, by reason of Me operation of federal bankruptcy, state insolvency or smiler creditorsrights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and Me Company will not pay costs, attorneys' fees or expenses) which arise by reason of'. PART 1 1. Taxes or assessments which are not shown as existing liens by Me records of any rasing au+cray that 3. Easements, liens or encumbrances, or claims thereof, which are not shown by Me public recortls. levies taxes or assessments on real property or by Me public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which which may result in taxes or assessments, or notices of such proceedings, whether or not shown by a correct survey would damoss, and which a not shown by Me public records Me records of such agency or by Me public records, 5. (a) Unpammad mining claimsof reservations o captions at parents p in Acts authorizing Me 2. Ad, fact.,rights, interests or claims which t shown by Me public records but which could be a thereof; (c) water rig claim or title to water, whether or not Me matters excepted under ascertained by an Inspection of Me land or which may be asserted by persons in possession thereof. (a),r od, or (c) are shown by Me public recortls. EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are exeressM excluded from fine coverage of this policy and the company will not pay loss or damage. cosh, attorneys' fees or experts. which aria. by mason of: 1. (a) Any law, ordinance or governmental regulation (including butnotlimited to build" and zoning laws, ordinances, or regulauionsl restricting, regulating, prohibiting o relating to n fine occupancy', us enjoyment of me land; di) the character, dtrnerl or location cuof any improvement now or hereafter ratted on fire land, (iii) a sepa-ation 'n ownership or a change in the dimensions or area of life land or any parcel of which the land is or aa part, or Inn environmental protection, or me affect of any violation of these laws, ordinances or governmental regulators, except to the extent that a notice of the enforcement thereof or a repro of a data.,, lien rencumbrance resulting from a violation nr alleged violation affecting the land has been recorded in thepublc records at Date of Policy. (b) Any governmental police Powm not excluded by (a) above, except b Na extent that a notice of Me exer— thereof or a notice of a defect, lien encumbrance resulting from a violation or alleged violation affecting dr. land has been recorded in the public records at Data of Policy. 2 Fights oimpatient domadomainimle.. notic.at me mai thereof has been recorded in the public records at Dale of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defect., lien encumbrance,adverseclam other matters'. la) ....tad, sued, assud or agreed to by Me insured .le'Imant; (bl net known to the Company, not recorded In the public records at Data of Policy, but known to the insured claimant and not disclosed in writing to the Company by to Insured clement prior to the data the insured clamant became an insured under this policy; (c) resulting in no loss or damage to the insured clement; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy in::ures the priority of the lion of the insured mortgage over any statutory lien for services, labor or material or to me extent Insurance 'm afforded heron as to assessments for street improvements under construction or ompleted at Date of Policy); o (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the nodded mortgage. 4. Unenfor.eablllty of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the'nablliN or failure of any subsequent owner of the Indebtedness, In comply with applicable doing business laws of the state in which the land Is situated. 5. Invalidity or monforceabllmy of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and is based upon usury or any consumer credit protection or drum in lending law. 6. Any statutory lien for services, labor or materials (or the clam of priority of any statutory lien for ¢, labor or materials over the lien of the named mortgage) arising from an Improvement or work elated to the land which Is siontracted for and commenced subsequent to Date of Policy and is not financed 'n whole or in part by proceeds of Ma Indebtedness secured by Me varied mortgage which at Data of Policy the insured has advanced or is obligated to advance, 7. Any clam which a cut of the transaction creating the interest of the mortgagee red by fine policy, by reason of loin. op ... lion of federal bankruptcy, state insolvency, or $Milan creditors' rights laws, mat Is based on in the transaction creating the interest of me insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or in the subordination of line interest of the insured mortgagee as a result of the application of the doctrine of equitable subord'nation; o (iii) the transaction creating Me'nterest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the nstrument of transfer, o (bl of such recordation to 'II port notice to a purchaser for value or a judgement or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE Th. following mandate are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. to)Any law, ordinance or govddria .1no,ul.tion lincluding butnot fanned to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting o relating to (i) the occupancy, use, or enjoyment of the land,' (d) the character, dimensions or location of any improvement now or hereafter ratted on the land; (iii) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land is or aa part; or liv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereat or a notice of a defect, lion or encumbranceresulting from aviolation or alleged violation affecting the land has been recortled 'n me pubic records at Date of Policy. L) Any governmental police power not excluded by la) above, except to the xtantthat a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation of alleged violation affecting the Isand has been recorded on the public nocond, at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded'n the publicrecord. at Data of Policy, but not excluding from coverage any taking which has occurred prior to Data of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrance, adverse claims, or other matters'. la) created, suffered, -armed or agreed to by the insured claimant; (bl not known to the Company, not recorded In the public records at Date of Policy, but known to the mused claimant and not disclosed 'n writing to the Company by the insured .lament prior to the data the insured claimant became an insured under this policy; of resulting 'n no loss or damage to the natured claimenY, (d) attaching or created subsequent to Data of Policy, o (a) resulting 'n loss or damage which would not have been sustained if the insured clamant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting In the Insured the estate or 'interest insured by this policy, by reason of Me operation of federal bankruptcy, state molvency, o sini creditors'rights rights laws, mat isbased an'. li) me transaction creating the estate or interest insured by this policy being deemed a fraudulent conveys— or fraudulent transferor (iilfine transaction veating are estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure'. (a) to timely record the Instrument of transfer; o (b) of such recordation to impart notice to a purchaser for value or a judgement or non creditor. The above ALTA policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage or aStandard Coverage policy will also include me following General Exceptions'. EXCEPTIONS FROM COVERAGE This policy does not insure against Its. or damage land the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes assessments which a not shown on existing liens by me ortls of any taxing authority that 3. Easements, liensumbran claims themcf, which a not shown by the public records, levies taxes or tence oreal property or by Ra public ords•Pro Proceedings by a public agency 4. Discrepancies,conflicts in boundary lines, shortagearea. encroachments, o any other facts which winch may resultn taxes or assessments, o notices of such Proceedings, whether or not shown by correct survey would disclose, and which a not shown by the public records. me records of such agency or by the public records, 5. (a) Unpatanted mining claims; (bl reservations or exceptions In patents or in Acts authaiang the 2. Any facts, rights, interests or claims which are not shown by the public records but which could be e thereof, (c) water rights, claim or title to water, whether or not me matters excepted under ascartaned by a nspection of the land or bymaking inquiry of persons n possession thereof. I(a)r (b) or (c) are shown by the public records. 9 EXHIBIT A (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE 00-17-98) EXCLUSIONS In addition to the Exceptions in schedule R, You are not insured aeainat loss, costs, attorneys' fees, and expenses resulting from'. 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning'. building b. ng Land use d. improvements on Land Land division for, ur en[aI protection This Exclusion does not apply to violations or the enforcement of these matters If notice of the virtion— enforcement appears in me Public Records at the Policy Data This Exclusion does not limit the coverage described In Covered Rick 14, 15, 16, 17 or 24. 2. The failure of Your inuchan, structures, .1 any part of Nam, to be c nstruaed 'n accordance with applicable building codes. This Excluchon does not apply to violations of building codes if notice of the ...larion appears In the Public Records at thePolicy Date. 3. The right to take the Land by condemning It, unless'. notice of ex ncis'ng the right appears in the Public Records at the Policy Date: o b. the taking happened before are Policy Date and is boding on You if You bought the Land without Know" of she taking. 4. Risks: b. that are created, allowed, or agreed to by You, whether or not they appear to the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear an me Public Records at the Policy Data that result in no Ices to You; or d, that first occur after the Policy Date - this does not limit the coverage described n Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right'. a, to any Land outside the area specifically described and referred to an paragraph 3 of Schedule A; and b in streets, alleys, or waterways that touch the Lantl. This Exclusion does not limit the coverage described n Covered Risk 11 or 18. RESIDENTIAL TITLE INSURANCE POLICY ONE -TO -FOUR FAMILY RESIDENCE ENHANCED VERSION (1997) EXCLUSIONS In addition to the Exceptions m Schedule 8, you are not insured against loss, costs, attorneystoes, and expenses resulting from: I. Governmental police power.and the existence or violation of any law or government regulation. This eludes building and zoning ordinances and also laws and regulations concerning'. land u b. improversome on the land: d. land divisions; or d. environmental protection. This exclusion does not apply to violations or the enforcement of these matters which appear to Cie public cords at Policy Data This exclusion tloe. not limit the beverage described in Item 12c and d, 13 and 18 of Covered Title Risks. 2. The right to take the land by condemning it, unless: notice of exercising the right appears inthe public re ords on the Polley Date; o IF the taking happened prior to the Policy Date and is boding on you if you bought the land without knowing of the taking. 3. Title Risks: mat are Created, allowed, or agreed to by you; b, that are known to you, but not to us, on the Policy Data unless they appeared in the public ords, that result in no loss to you; or d. that first affect your title after fine Policy Date - this does not limit the coverage described in Items 3b, 8, 17 and 19 of Covered Title Risks. 4. Failure to pay value for your tine. 5. Lack of a right bid be any land outside the area specifically described and referred to in Item 3 of Schedule A or ILI in streets, alleys, or waterways that touch your land. This exclusion does not limit the coverage described in Items 5 and 12a of the Covered Title Risks.