LLA 2001-358J
of City of& Quinta �!
s Y` Community Development Department
'CF,y OiT-O4y 78-495 Calle Tampico
La Quinta, California 92253 �l
(760) 777-7125 FAX: (760) 777-1233
OFFICE USE ONLY
Case No.; `w— 35r
Dite:Recvd_ Sil Li d
o2,sac>) - 3®'z.—
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.
-4 v* -4 44 4, 4. 4- -4 + -4 44 44 `. 4. A
APPLICANT
MAILING ADDRESS
I l094t) V UN
CITY, STATE, ZIP
It=JINc CIF U
PROPERTY
OWNERS
'Owner "A"
Name:
Address:
(City)
"Owner "B"
Name:
Address:
(City)
s
'Owner "C"
Name:
Address:
(City)
*Attach sheet for additional owners
Property B:
Property C:
(State) (Zip)
(State) (Zip)
(State) (Zip)
Assessor's Parcel Number: 7 Gr 1- 5 t O- e`, O I
Street Address (if any):
Assessor's Parcel Number: 7 Cy I - 1J 1 O- GO
Street Address (if any):
Assessor's Parcel Number:
Street Address (if any):
No. 04`1) q Yz-(y1C1 1
10. 4G)
CITY OF LA
FINANCE
DESCRIPTION OF ADJUSTMENT REQUESTED: M G,Ie t.lt�1L=?10TVAOEh1 LuT-S w.lD
Z �sT�et�
A161LA 1-7/16/97 Appvd 1/6198 cdi
t
REASON FOR REQUEST:_ �P� 2/�T� L t_l - LA'ec> Ft 2 CJ F L_ n L I tJTo
APPLICABILITY
The following criteria must be met to approve a lot line adjustment:
@'� The adjustment shall not create a greater number of parcels than originally existed.
(K The resulting parcels shall conform with City Zoning and Building Codes.
O� The adjustment shall not cause existing uses or improvements of the property to be out of compliance with any
provision of the City Codes.
MINIMUM SUBMISSION REQUIREMENTS!
Q' Existing grant deeds or title reports for all affected parcels.
Ql An acceptable legal description of each existing parcel and a metes and bounds description of each new parcel proposed.
O' Closing calculations for each new parcel proposed.
Original, unrecorded Grant Deeds for each new parcel with the following:
O'� State on the Grant Deed when all affected parcels are under one ownership.
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged
Owner A
hereby GRANTS to
Owner A
the real property in the City of La Quinta
County of Riverside. State of California, described as
(Property Description)
See Exhibits A and B attached hereto and by reference made a part hereof.
NOTE: This grant deed implements the revised lot configurations pursuant to Line Line Adjustment _-_ as
approved by the City of La Quinta. All property subject to this lot line adjustment is owned by a single
entity, hence ownership conveyance is a nonessential secondary function of this deed. The primary
function of the deed is to provide constructive notice of the revised lot configurations pursuant to
Government Code Section 66512 Id), and to perfect the intent of the Lot Line Adjustment _ _ as
approved.
❑ State on Grant Deed when affected parcels are under multiple ownership:
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Owner A
hereby GRANTS to
Owner B
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 A which is overlaid by the reconfigured shape of Lot B 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.
Al6:LLA 1-7/16/97 Appvd 1/6/98cdi
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.
❑ 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.
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SIGNATURE OF APPLI
�— NAME OF APPLICANT
)ATE
(Print)
SIGNATURE OF PROPERTY OWNER "A"
IF NOT SAME AS APPLICANT: DATE
NAME OF OWNER DATE
(Print)
SIGNATURE OF PROPERTY OWNER `B"
IF NOT SAME AS APPLICANT: DATE
NAME OF OWNER DATE
(Print)
SIGNATURE OF PROPERTY OWNER "C"
IF NOT SAME AS APPLICANT: DATE
NAME OF OWNER DATE
(Print)
(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 MISLEADING INFORMATION GIVEN 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
�r 1'il
P.O. Box 1504
78-495 CALLS TAMPICO
LA QUINTA, CALIFORNIA 92253
July 23, 2001
(760) 7 7 7 - 7 0 0 0
FAX (760) 777-7101
Mr Scott McKhann :
SRHI, LLC
16940 Von Karman Avenue, Ste. 200
Irvine, CA 92606
SUBJECT: LOT LINE ADJUSTMENT 2001-358; LOTS 5 AND I OF TR 28838-3 in PGA WEST
Dear Mr. McKhann:
The Community Development Department has reviewed the above referenced application, and
provides this letter to advise you that it has been approved. Enclosed are the original draft grant
deed form (to be notarized and recorded), and approved Exhibits A and B. One set of original
approved documents are also being forwarded to MDS Consulting. This department has also
approved Parcel Merger 2001-382, which is being provided to you under separate cover. The
merger needs to be recorded in conjunction with this adjustment.
As the applicant, it is your responsibility to record these documents. The City cannot file them
for recordation on your behalf as we have no ownership interest. The Riverside County
Recorder's office can be reached at 909-486-7000 for further information on fees, etc.
Enclosed is a letter to the County Recorder verifying City approval of the adjustment, and
requesting its recordation.
There are utility agencies which may have easements affected by this approval. The City has
approved this adjustment based on zoning compliance and correctness of the property
descriptions. Any potential conflicts with recorded utility easements should be investigated prior
to any construction. By execution of this approval, the applicant 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.
Please contact me at 760-777-7069 if you have any questions on this matter.
Very truly yours,
JERRY HERMAN
COMMUNITY DEVELOPMENT DIRECTOR
Wallace Nesbit
Associate Planner
WN/wn
Encl.
MDS Consulting - ATTN: Tacy Myers
Building and Safety
City Engineer
P:\NIALLY\IIa2001358.w Pd
EXHIBIT "A"
LOT LINE ADJUSTMENT NO. 2001-3S?
LOT A
LOT 5, AND A PORTION OF LOT I, OF TRACT NO. 28838-3 AS FILED IN BOOK 297, AT PAGES 22
THROUGH 26, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5; THENCE ALONG THE NORTHERLY
LINE OF SAID LOTS 5 AND I, NORTH 89°13'22" EAST, 97.00 FEET; THENCE LEAVING SAID
NORTHERLY LINE, SOUTH 0°46'38" EAST, 143.00 FEET TO THE SOUTHERLY LINE OF SAID LOT I;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOTS I AND 5, SOUTH 89013'22" WEST, 97.00
FEET TO THE SOUTHWEST CORNER OF SAID LOT 5; THENCE ALONG THE WESTERLYLINE OF
SAID LOT, NORTH 0°46'38" WEST, 143.00 FEET TO THE POINT OF BEGINNING.
LOT A CONTAINS 0.32 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT "W ATTACHED HERETO AND MADE A PART HEREOF.
LOT B
THAT PORTION OF LOT I OF TRACT NO. 28838-3 AS FILED IN BOOK 297, AT PAGES 22 THROUGH
26, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT I; THENCE ALONG THE EASTERLY LINE
OF SAID LOT, SOUTH 0046'38" EAST, 143.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT, SOUTH 89013'22" WEST, 8.00 FEET;
THENCE LEAVING SAID SOUTHERLY LINE, NORTH 0°46'38" WEST, 143.00 FEET TO THE
NORTHERLY LINE OF SAID LOT I; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, NORTH
89013'22" EAST, 8.00 FEET TO THE POINT OF BEGINNING.
LOT B CONTAINS 0.03 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED UNDER THE SUPERVISION OF:
CHRIS J. BERGH, P.L.S. 6588 DATE
EXP. DATE: 12/31/2003
Approved by:
p Planning Commission
O City Council
XCommunity Dev. Dept.
Initials j§
Case No. LLA Zc`)1-358
Exhibit A
0 With Conditions
PAW $eso #
"� Za
rA1 17"M F 1
i U C F
z
L 5 6588
Exp. 12-31-03I �
G: \440\00\L L01-XX X \E. X H I B I TA. d o c
4119/01
77 ®
SHEET 1 OF 1 SHEETS
EXHIBIT B Approved by
Date Res #
0 Planning Commission
LOT LINE ADJUSTMENT NO. 2001 --Q�y Council
LOTS 5 AND I, TR. 28838-3 36'� pCCommunity Dev. Dept.
Initials
Case No. / LAz0d'-L-8
Exhibit 3
O With Conditions
-----
AIRPORT BOULEVARD
;n
SCALE r" =60'
89'13'08"E
in
�n
v�
D
r --'—
MUIRFIELD VILLAGE
_
L 0 f r� N 89*13.22" E 1211.3'
85.00' 85.00' 85.00'
85.00'
�. 97.00'
Q°off 0 12.00 8.00' LOT1
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7 3
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00
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0 0.32 AC. a 1 o
blo
z 12.00' z i z z 8.00'
z
97.00'
85.00' 85.00' 85.00'
85.00'
N 89'13'22" E 1141.85'
LOT 1
fR,/\C f 1\10. 2r3@ 3-3IN/1.31, 29-3/60-66
L LEGEND
PREPARED UNDER THE SUPERVISION OF: CaPk ` LAND
SAP` _ _ _ _ _ _ EXISTING LOT LINE TO BE REMOVED
EXISTING LOT LINE TO REMAIN
U _ ® NEW LOT LINE
* L.S.6588 * J OLD LOT NO.
CHRIS J. BERGH, L.S. 6588 DATE Exp. 12-31-03 B NEW PARCEL NO.
EXP. 12/31/03 �f9TF Fo�`'P
MOeS!
®W� OOe ICN
1�5C NU L T Z
PLANNERS ENGINEERS
79-799 OW Av 52
La QwlM , CA 922S2
W.: 760.M4012
FAX. 76 771-4072
SURVEYORS
LOT LINE ADJUSTMENT NO. 2001—
CITY OF LA QUINTA
5 I --= _ _ —_ . -
-
. -
-
. - -
-
-
I
ATE PLAN
T A �T ' Approved by;'w SHEEfI� OF 1 St
SITE j E r 1 �Nl� 0 Planning Commission _
, LOT LINE ADJUSTMENT NO. 2001—�8 °� City mmunitylDev. Dept. o
LOTS 5 AND I, TR. 28838-3 In xl�p— _
Case No. i-LA
Exhibit S,rc
❑ With Conditions
fJ1—
�
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IY UJ IJ LL
85.00';
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---...
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1 : 7rqr1. r 1v10. 25E33.3-�2 M_rr), 29- 0 '5
PREPARED UNDER THE SUPERVISION OF:
CHRIS J. BERGH, L.S. 6588 DATE
EXP. 12/31/03
M 0 x' x 79J99 Old AF 57
® La QWN , CA 92255
OO xICN
Val.: 760•m-6012
1 C N 0 L 7 2 9A%- 760.771-4077
FPLANNERs ENOINEERS SURVEYORS
\ P LAND s LEGEND
\S J. gF GPI - - - - - - EXISTING LOT LINE TO BE REMOVED
EXISTING LOT LINE TO REMAIN
_ NEW LOT LINE
Exp.s12-311-03 * F' OLD LOT NO.
�P B NEW PARCEL NO.
LOT LINE ADJUSTMENT NO. 2001-35B
CITY OF LA QUINTA
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
SRHI LLC
16940 Von Kansan Ave., Suite 200
Newport Beach, CA 92606
MAIL TAX STATEMENTS TO
same as above
APN: 761-510-001
GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES:
Dccumentary Transfer Tax is $
Computed on the full value of the interest or property conveyed, or is
Computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale.
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, SRHI LLC, a Delaware limited liability company,
hereby GRANTS to SRHI LLC, a Delaware limited liability company, the real property in the City of La Quinta, County of Riverside,
State of California, described as:
(Property Description)
SEE EXHIBITS "A" and "B" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.
NOTE: "THIS GRANT DEED IMPLEMENTS THE REVISED LOT CONFIGURATIONS PURSUANT TO
LOT LINE ADJUSTMENT NO. 2001 AS APPROVED BY THE CITY OF LA OUINTA. ALL
PROPERTY SUBJECT TO THIS LOT LINE ADJUSTMENT IS OWNED BY A SINGLE
ENTITY, HENCE OWNERSHIP CONVEYANCE IS NONESSENTIAL SECONDARY
FUNCTION OF THIS DEED. THE PRIMARY FUNCTION OF THE DEED IS TO PROVIDE
CONSTRUCTIVE NOTICE OF THE REVISED LOT CONFIGURATIONS TO GOVERNMENT
CODE SECTION 66412(d), AND TO PERFECT THE INTENT OF THE LOT LINE
ADJUSTMENT 2001-_ AS APPROVED."
SRHI LLC, a Delaware limited liability company,
Dated:
COUNTY OF )
) ss
STATE OF CALIFORNIA )
On , before me, , a Notary Public in and
for said State, personally appeared ❑ personally known
to me or ❑ proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by the signature on the
instrument, the person, or the one for which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public in and for Said State
E
79-799 Old Avenue 52
La Quinta, CA 92253
VOICE: 760-7714013
FAX: 760-7714073
E-MAIL: mdsla0uinta(&rndsconsultine.net
NO. OF ITEMS: DESCRIPTION:
TDAAICMITTAI
To: City of La Quinta, Community Dev. Date: May 14, 2001
Address: 78-495 Calle Tampico Job #: 44000
La Quinta, CA 92253
Attention: Wally Nesbitt Subject: Tr. 28838-2
From: Tacy Myers cc: File L4\ ZQoI'�55S
'2
1
Appcat on for Lot Line Adjustment Approval
1
$ 00 Check No. 2483 for application fees.
1
$100.00 Check No. 2482 for engineering Ian check fees
2 sets
2
Exhibits "A" and " B"
Copies of Grant Deed
2 sets
Lot closures
LqAY 14 "
2
Copies of Site Plan „T
1
Preliminary Title Report PLANNING DEPARTMENT
THE ABOVE ITEMS
ARE SUBMITTED:
1- ATYOUR REQUEST
f,—/ FOR YOUR REVIEW
r— FOR YOUR FILES
r FOR YOUR APPROVPL
r FOR YOUR USE
1! FOR YOUR INFO
THE ABOVE ITEMS
ARE TRANSMITTED:
[Y-0 HEREWITH
VIADELIVERY
r— UNDER SEPARATE COVER
MESSAGE:
Please process as Application for Lot Line Adjustment.
Per our telephone conversation, it is my understanding that this Lot Line
Adjustment will record prior to Parcel Merger 2001-382.
Please call if you have any questions or need any additional information.
EXHIBIT "A"
LOT LINE ADJUSTMENT NO. 2001-_
LOT A
LOT 5, AND A PORTION OF LOT I, OF TRACT NO. 28838-3 AS FILED IN BOOK 297, AT PAGES 22
THROUGH 26, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5; THENCE ALONG THE NORTHERLY
LINE OF SAID LOTS 5 AND I, NORTH 89°13'22" EAST, 97.00 FEET; THENCE LEAVING SAID
NORTHERLY LINE, SOUTH 0°46'38" EAST, 143.00 FEET TO THE SOUTHERLY LINE OF SAID LOT I;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOTS I AND 5, SOUTH 89°13'22" WEST, 97.00
FEET TO THE SOUTHWEST CORNER OF SAID LOT 5; THENCE ALONG THE WESTERLY LINE OF
SAID LOT, NORTH 0-46-38" WEST, 143.00 FEET TO THE POINT OF BEGINNING.
LOT A CONTAINS 0.32 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
LOT B
THAT PORTION OF LOT I OF TRACT NO. 28838-3 AS FILED IN BOOK 297, AT PAGES 22 THROUGH
26, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE EASTERLY LINE
OF SAID LOT, SOUTH 0°46'38" EAST, 143.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT, SOUTH 89°13'22" WEST, 6.00 FEET;
THENCE LEAVING SAID SOUTHERLY LINE, NORTH 0-46-38" WEST, 143.00 FEET TO THE
NORTHERLY LINE OF SAID LOT 1; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, NORTH
89013'22" EAST, 8.00 FEET TO THE POINT OF BEGINNING.
LOT B CONTAINS 0.03 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED UNDER THE SUPERVISION OF:
CHRIS J. BERGH, P.L.S. 6588 DATE
EXP. DATE: 12/31/2003
PAGE 1 OF 1
B
/�_ ` AN
5�� J rG
2
i � s �
S. 6588
Epp. 12-31-03
s`2e OF rm �F�R P
G:\440\00\LL01-XXX\EXH I B ITA.doc
4/19/01
EXHIBIT " SHEET 1 OF 1 SHEETS
Bw
LOT LINE ADJUSTMENT NO. 2001 =
LOTS 5 AND I, TR. 28838-3
En
' AIRPORT BOULEVARD SCALE 1"=60'
N 89'13'08"E
in
`n
Inn
J
r
MUIRFIELD VILLAGE o0.
co
m �L J r A N 89'13'22" E �� 1211.3'
85.00' 85.00' 85.00'
85.00'
0. 97.00'
Q°��� 12.00yi 8.00' J_r l
o
8
J o p J
i
J\Jo.�� �@�r32`3 l�l�/D
�Jf/�!,RACr
PRIVATE —
EESMT.
DRAINAGE 31� 0.03�AC.
AIm
IM
O
0 0.32 AC. a
b
z
z 12.00' z Z z 8.00'
97.00'
85.00' 85.00, 85.00'
85.00'
N 89'13'22" E 1141.85'
LOT I
P� LAND
LEGEND
PREPARED UNDER THE SUPERVISION OF: \o�s
J. gG,pG` - — — — —
-EXISTING LOT LINE
TO BE REMOVED
05
EXISTING LOT LINE
TO REMAIN
a U _
NEW LOT LINE
* P.SIZ58 * E)'
OLD LOT NO.
E%
CHRIS J. BERGH, L.S. 6588 DATE B
�f9lFn
NEW PARCEL NO.
EXP. 12/31/03
%F N'
M 0 9 f 1
79-799 OW A.. 52
La OvLDD, CA92M
ME
DO9ICH
V9Ia: 7W"14012
9 C M U l 7 2
FAY: 760.7714072
PLANNERS ENGINEERS
SURVEYORS
LOT LINE ADJUSTMENT NO. 20017
CITY OF LA QUINTA
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
11
SRHI LLC
16940 Von Kansan Ave., Suite 200
Newport Beach, CA 92606
MAIL TAX STATEMENTS TO:
same as above
APN: 761-510-001
GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES:
Dccumentary Transfer Tax is $
_ Computed on the full value of the interest or property conveyed, or is
Computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale.
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, SRHI LLC, a Delaware limited liability company,
hereby GRANTS to SRHI LLC, a Delaware limited liability company, the real property in the City of La Quinta, County of Riverside,
State of California, described as:
(Property Description)
SEE EXHIBITS "A" and "B" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.
NOTE: "THIS GRANT DEED IMPLEMENTS THE REVISED LOT CONFIGURATIONS PURSUANT TO
LOT LINE ADJUSTMENT NO. 2001-_, AS APPROVED BY THE CITY OF LA QUINT -A. ALL
PROPERTY SUBJECT TO THIS LOT LINE ADJUSTMENT IS OWNED BY A SINGLE
ENTITY, HENCE OWNERSHIP CONVEYANCE IS NONESSENTIAL SECONDARY
FUNCTION OF THIS DEED. THE PRIMARY FUNCTION OF THE DEED IS TO PROVIDE
CONSTRUCTIVE NOTICE OF THE REVISED LOT CONFIGURATIONS TO GOVERNMENT
CODE SECTION 66412(d), AND TO PERFECT THE INTENT OF THE LOT LINE
ADJUSTMENT 2001- AS APPROVED."
SRHI LLC, a Delaware limited liability company,
Dated:
COUNTY OF )
) ss
STATE OF CALIFORNIA )
On , before me, , a Notary Public in and
for said State, personally appeared ❑ personally known
to me or ❑ proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by the signature on the
instrument, the person, or the one for which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public in and for Said State
I
El
Project: 51300
Lot Map Check
Lot name: LLA LOT A
North: 7576.5211
Line Course: N 89-13-22 E
North: 7577.9368
Line Course: S 00-46-38 E
North: 7434.8500
Line Course: S 89-13-22 W
North: 7433.5342
Line Course: N 00-46-38 W
North: 7576.5211
LLA. out
PGA WEST - E/O MADISON
East: 11807.3993
Length: 97.000
East: 11904.3904
Length: 143.000
East: 11906.3302
Length: 97.000
East: 11809.3391
Length: 143.000
East: 11807.3993
Perimeter: 480.000 Area: 13,871 sq.ft. 0.32 acres
page 1
Thu Apr 19 08:53:16 2001
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error. Closure: 0.0000 Course: S 90-00-00 E
Error North: 0.00000 East: 0.00000
Precision 1: 480,000,000.000
Lot name: LLA LOT B
North: 7577.9453
Line Course: S 00-46-38 E
North: 7434.9585
Line Course: S 89-13-22 W
North: 7434.8500
Line Course: N 00-46-38 W
North: 7577.8368
Line Course: N 89-13-22 E
North: 7577.9453
East: 11912.3897
Length: 143.000
East: 11914.3295
Length: 8.000
East: 11906.3302
Length: 143.000
East: 11904.3905
Length: 8.000
East: 11912.3897
Perimeter: 302.000 Area: 1,144 sq.ft. 0.03 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0000 Course: S 90-00-00 E
Error North: 0.00000 East: 0.00000
Precision 1: 302,000,000.000
u
Page 1
1
Order No. 2183640
First American Title Insurance Company
3625 Fourteenth Street, (P.O. Box 986)
Riverside, California 92502
(Area Code 909) 787-1700
MDS CONSULTING
79-799 OLD AVENUE, SUITE 52
LA QUINTA, CALIFORNIA
ATTENTION: TACY MYERS
YOUR NO.
DATED AS OF DECEMBER 28, 2000 AT 7:30 A.M.
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR
CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE
INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN
HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY
REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN
EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED
SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE 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.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS
AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE
EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS
WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND
SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN
REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS,
DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY
FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE
INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT
LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
CHRISTOPHER J. METCALFE - TITLE OFFICER
.Page 1
E11
LLi
Order No. 2183640
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
SRHI LLC,
A DELAWARE LIMITED LIABILITY COMPANY,
DBA RIELLY HOMES
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR
REFERRED TO COVERED BY THIS REPORT IS:
I:N FEE
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF LA QUINTA AND IS DESCRIBED
AS FOLLOWS:
LOTS 5 AND 6 AND I OF TRACT NO. 28838-2, IN THE CITY OF LA QUINTA,
COUNTY OF RIVERSIDE ON FILE IN BOOK 297 PAGE(S) 22 THROUGH 26 OF
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM
WOULD BE AS FOLLOWS:
1. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE
AND TAXATION CODE.
2. AN EASEMENT AS SHOWN ON THE MAP OF TRACT 21643.
FOR: 37 FEET WIDE ACCESS EASEMENT AND INCIDENTAL
PURPOSES.
AFFECTS: SAID LOTS.
3. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, ASSESSMENTS,
LIENS, CHARGES, TERMS AND PROVISIONS IN THE DOCUMENT RECORDED
JANUARY 22, 1986 AS INSTRUMENT NO. 15569 OF OFFICIAL RECORDS, WHICH
PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID
THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH
AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION
INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON
RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL
ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS
VIOLATE TITLE 42, SECTION 3604(c), OF THE UNITED STATES CODES.
NOTE: DOCUMENTS DECLARING MODIFICATIONS THEREOF RECORDED DECEMBER
20, 1995 AS INSTRUMENT NO. 422634, MARCH 28, 1996 AS INSTRUMENT NO.
110181, JANUARY 22, 1999 AS INSTRUMENT NO. 24155 AND MARCH 4, 1999
AS INSTRUMENT NO. 89104 ALL OF OFFICIAL RECORDS.
Page 2
Order No. 2183640
4. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, ASSESSMENTS,
LIENS, CHARGES, TERMS AND PROVISIONS IN THE DOCUMENT RECORDED
AUGUST 3, 1990 AS INSTRUMENT NO. 288874 OF OFFICIAL RECORDS., WHICH
PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID
THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH
AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION
INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON
RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL
ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS
VIOLATE TITLE 42, SECTION 3604(c), OF THE UNITED STATES CCDES.
NOTE: DOCUMENTS DECLARING MODIFICATIONS THEREOF RECORDED DECEMBER
20, 1995 AS INSTRUMENT NO. 422633 OF OFFICIAL RECORDS AND RECORDED
MARCH 28, 1996 AS INSTRUMENT NO. 110810 OF OFFICIAL RECORDS.
5. A DOCUMENT ENTITLED "EASEMENT DEED (PGA WEST GOLF COURSE
ACCESS)", EXECUTED BY AND BETWEEN KSL LAND CORPORATION, A DELAWARE
CORPORATION AND KSL DESERT RESORTS, INC., A CALIFORNIA CORPORATION,
RECORDED APRIL 8, 1996 AS INSTRUMENT NO. 125663 OF OFFICIAL
RECORDS.
6. EASEMENTS FOR ENCROACHMENT OF GOLF BALLS AND UTILITY EASEMENTS
AND INCIDENTAL PURPOSES, RECORDED AUGUST 7, 1998 AS INSTRUMENT
NO. 331227 OF OFFICIAL RECORDS.
GRANTED TO: KSL LAND CORPORATION, A DELAWARE CORPORATION.
AFFECTS: INGRESS AND EGRESS OVER PRIVATE STREETS AND COMMON
LOTS.
7. A DOCUMENT ENTITLED "DECLARATION OF DEVELOPMENT COVENANTS,
CONDITIONS AND RESTRICTIONS" EXECUTED BY AND BETWEEN KSL LAND
CORPORATION, A DELAWARE CORPORATION AND RIELLY HOMES MADISON LLC,
A DELAWARE LIMITED LIABILITY COMPANY, RECORDED AUGUST 7, 1998 AS
INSTRUMENT NO. 331228 OF OFFICIAL RECORDS.
8. EASEMENTS FOR ACCESS, INGRESS AND EGRESS OF GOLF CARTS, GOLF
COURSE MAINTENANCE, VEHICLES, AND OTHER RELATED GOLF COURSE
EQUIPMENT AND INCIDENTAL PURPOSES, RECORDED AUGUST 7, 1.998 AS
INSTRUMENT NO. 331229 OF OFFICIAL RECORDS.
GRANTED TO: KSL DESERT RESORTS, INC., A DELAWARE CORPORATION.
AFFECTS: OVER, ACROSS AND THROUGH A PORTION OF THE
DEVELOPMENT PROPERTY.
9. A DOCUMENT ENTITLED "MEMORANDUM OF AGREEMENT", EXECUTED BY AND
BETWEEN KSL LAND CORPORATION, A DELAWARE CORPORATION AND RIELLY
HOMES MADISON LLC, A DELAWARE LIMITED LIABILITY COMPANY, RECORDED
AUGUST 7, 1998 AS INSTRUMENT NO. 331231 OF OFFICIAL RECORDS.
Page 3
H
Order No. 2183640
AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO
THE DOCUMENT RECORDED AUGUST 7, 1998 AS INSTRUMENT NO. 331233 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO
THE DOCUMENT RECORDED AUGUST 7, 1998 AS INSTRUMENT NO. 331236 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
BY THE PROVISIONS OF AN AGREEMENT
DATED: JUNE 20, 2000
EXECUTED BY: RIELLY HOMES MADISON LLC, A DELAWARE LIMITED
LIABILITY COMPANY AND KSL LAND CORPORATION, A DELAWARE CORPORATION
RECORDED: JUNE 20, 2000 AS INSTRUMENT NO. 2000-252838 OF
OFFICIAL RECORDS.
SAID INSTRUMENT WAS MADE SUBORDINATE TO THE LIEN OF THE DOCUMENT
RECORDED AUGUST 7, 1998 AS INSTRUMENT NO. 331236 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
1.0. A DOCUMENT ENTITLED "MEMORANDUM OF OPTION", EXECUTED BY AND
BETWEEN RIELLY HOMES MADISON LLC, A DELAWARE LIMITED LIABILITY
COMPANY AND KSL LAND CORPORATION, A DELAWARE CORPORATION, RECORDED
AUGUST 7, 1998 AS INSTRUMENT NO. 331232 OF OFFICIAL RECORDS.
AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO
THE DOCUMENT RECORDED AUGUST 7, 1998 AS INSTRUMENT NO. 331236 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
BY AGREEMENT RECORDED AUGUST 7, 1998 AS INSTRUMENT NO. 331237 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
11. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF
$11,200,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED
THEREBY, RECORDED AUGUST 7, 1998 AS INSTRUMENT NO. 331233 OF
OFFICIAL RECORDS.
DATED: AUGUST 4, 1998.
TRUSTOR: RIELLY HOMES MADISON LLC, A DELAWARE LIMITED
LIABILITY COMPANY.
TRUSTEE: DSL SERVICE COMPANY, A CALIFORNIA CORPORATION.
BENEFICIARY: DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A.
A. DOCUMENT ENTITLED "SUBORDINATION AND INTERCREDITOR AGREEMENT",
EXECUTED BY AND BETWEEN LENNAR CALIFORNIA PARTNERS, I:NC., A
CALIFORNIA CORPORATION AND RIELLY HOMES MADISON LLC, A DELAWARE
LIMITED LIABILITY COMPANY, RECORDED AUGUST 7, 1998 AS INSTRUMENT
NO. 331234 OF OFFICIAL RECORDS.
Page 4
Order No. 2I83640
A DOCUMENT ENTITLED "CROSS DEFAULT AND CROSS COLLATERAL AGREEMENT",
EXECUTED BY AND BETWEEN DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A.
AND RIELLY HOMES MADISON LLC, A DELAWARE LIMITED LIABILITY COMPANY,
RECORDED NOVEMBER 4, 1998 AS INSTRUMENT NO. 480568 OF OFFICIAL
RECORDS.
NOTE: A DOCUMENT RECORDED JUNE 20, 2000 AS INSTRUMENT NO. 252836
OF OFFICIAL RECORDS PROVIDES THAT THE DEED OF TRUST OR THE
OBLIGATION SECURED THEREBY HAS BEEN MODIFIED.
12. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF
$9,783,264.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED
THEREBY, RECORDED AUGUST 7, 1998 AS INSTRUMENT NO. 331236 OF
OFFICIAL RECORDS.
DATED: AUGUST 5, 1998.
TRUSTOR: RIELLY HOMES MADISON, LLC, A DELAWARE LIMITED
LIABILITY COMPANY.
TRUSTEE: LENNAR CALIFORNIA PARTNERS, INC.
BENEFICIARY: LENNAR CALIFORNIA PARTNERS, INC, A CALIFORNIA
CORPORATION.
A DOCUMENT ENTITLED "SUBORDINATION AND INTERCREDITOR AGREEMENT",
EXECUTED BY AND BETWEEN LENNAR CALIFORNIA PARTNERS, INC., A
CALIFORNIA CORPORATION AND RIELLY HOMES MADISON LLC, A DELAWARE
LIMITED LIABILITY COMPANY, RECORDED AUGUST 7, 1998 AS INSTRUMENT
NO. 331234 OF OFFICIAL RECORDS.
BY THE PROVISIONS OF AN AGREEMENT
DATED: JUNE 20, 2000
EXECUTED: RIELLY HOMES MADISON LLC, A DELAWARE LIMITED
LIABILITY COMPANY; LENNAR CALIFORNIA PARTNERS,
INC., A CALIFORNIA CORPORATION; AND DOWNEY SAVINGS
AND LOAN ASSOCIATION, F.A.
RECORDED: JUNE 20, 2000 AS INSTRUMENT NO. 252837 OF OFFICIAL
RECORDS.
SAID INSTRUMENT WAS MADE SUBORDINATE TO THE LIEN OF THE DOCUMENT AS
ITEM NO.21 RECORDED AUGUST 7, 1998 AS INSTRUMENT NO. 331233 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
13. THE EFFECT OF A DOCUMENT ENTITLED "SCHOOL FACILITIES FUNDING
AND MITIGATION AGREEMENT", EXECUTED BY AND BETWEEN COACHELLA. VALLEY
SCHOOL DISTRICT AND RIELLY HOMES MADISON LLC, RECORDED NOVEMBER 17,
1998 AS INSTRUMENT NO. 498289 OF OFFICIAL RECORDS.
Page 5
Order No. 2183640
14. AN EASEMENT FOR INGRESS AND EGRESS, UTILITIES, COMMU14ICATION
SYSTEMS AND DRAINAGE AND INCIDENTAL PURPOSES RESERVED IN THE
DOCUMENT RECORDED JUNE 29, 2000 AS INSTRUMENT NO. 252839 OF
OFFICIAL RECORDS.
RESERVED BY: RIELLY HOMES MADISON LLC.
15. A DOCUMENT ENTITLED "DOMESTIC WATER AND/OR SANITATION SYSTEM
INSTALLATION AGREEMENT", EXECUTED BY AND BETWEEN COACHELLA VALLEY
WATER DISTRICT AND RIELLY HOMES MADISON LLC, RECORDED OCTOBER 6,
2000 AS INSTRUMENT NO. 395092 OF OFFICIAL RECORDS.
NOTE: THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS
REPORT IS:
TO BE DETERMINED
EFFECTIVE JULY 1, 1999 AT 6:00 A.M., THE WIRING INSTRUCTIONS FOR
FIRST AMERICAN TITLE INSURANCE COMPANY RIVERSIDE OFFICE ONLY:
FIRST AMERICAN TRUST COMPANY
SANTA ANA BRANCH
421 NORTH MAIN STREET
SANTA ANA, CALIFORNIA 92701
ABA 122241255
CREDIT TO FIRST AMERICAN TITLE INSURANCE COMPANY DEMAND ACCOUNT
ACCOUNT NO. 18012
WHEN WIRING, PLEASE REFERENCE OUR TITLE ORDER NUMBER AND THE TITLE
OFFICERS NAME.
PLEASE WIRE THE DAY BEFORE RECORDING.
PLEASE NOTIFY THE TITLE OFFICER OF YOUR INTENT TO WIRE.
.Page 6
Order No. 2183640
NOTE:
GENERAL AND SPECIAL PRORATED TAXES FOR THE FISCAL YEAR 2000-2001.
FIRST INSTALLMENT: $4,615.05, PAID.
PENALTY: $461.51.
SECOND INSTALLMENT: $4,615.05, PAID.
PENALTY: $471.51.
CODE AREA: 020-025.
A.P. NO: 761-510-001-9.
(COVERS MORE THAN THE PROPERTY HEREIN DESCRIBED)
NOTE:
COPIES OF THIS PRELIM WERE SENT TO:
NOT APPLICABLE
PLAT ATTACHED/CAM
,Page 7
ADDENDUM TO EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
11. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (EAGLE POLICY)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, atromeys' 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.
a. building d. improvements on the land
b. zoning e. land division
c. land use f. environmental protection
This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy
Date.
This exclusion does not limit the coverage. described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure ofyour existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations
of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the land by condemning it, unless:
a. notice of exercising the right appears in the public records on the Policy Date; or
b. the taking happened before the Policy Date and is binding on you if you bought the land without knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by you;
b. that are known to you at the Policy Date, but not to
c. that result in no loss to you;
d. that first occur after the Policy Date - this does not
5. Failure to pay value for your title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the land.
This exclusion does not limit the coverage described in Covered Risk I I or 18.
us, unless they appear in the Public Records at the Policy Date;
limit the coverage described in Covered Risk 7, 8.d. 22. 23. 24 or 25.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A.
ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs, attomeys' fees or expenses which arise by
reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or
(iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting die land has been recorded in the
Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14. 15, 16 and 24 of this policy.
(b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion
does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage
any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant:
(b) not known to the Company, not recorded in the Public Records at Date of Policy. but known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage m the Insured Claimant;
(d) attaching or created subsequent to Date of Policy(this paragraph (d) does not limit the coverage provided under insuring provisions 7, g, 16. 17. 19. 20,
21, 23, 24 and 25); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any
subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated.
Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage
and is based upon;
(a) usury, except as provided under insuring provision 10 of this policy: or
(b) any consumer credit protection or truth in lending law.
Taxes or assessments of any taxing or assessment authority which become a lien on the land subsequent to Dare of Policy.
Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the interest of the insured mortgage being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mongagce as a result of the application of the doctrine of equitable abordinetu m, nr
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the
failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge
that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion dues not limn the coverage provided under
insuring provision 7.
Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon. over liens, encumbrances
and other matters affecting tide, the existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the insured Mortgage which changes the rate of interest charged, if the rare of interest is greater as a result
of the modification than it would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses which arise by reason of:
Environmental protection liens provided for by the following existing statures, which liens will have priority over the lien of the Insured Mortgage when they arise:
NONE.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions
set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of.
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public
records.
2. Any facts, rights interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making ingmry
of persons in possession thereof.
3. Easements, claims or easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by
public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
Part Two:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mongage when they arise
NONE
IN THE CITY OF IA OUINTA, COUNTY OF RNERSIDE,
STATE OF CArORNIA
TRACT NO.
28838-3
BEING A SUBDMSION OF LOTS 22 AND 41; PORTIONS OF LOTS
21. 23. 28 AND C OF TRACT NO. 2169;1 As IllLil
IN BOON 283, PAGES 37 THROUGH 50, INCLUSNE OF MAPS;
OFFICIAL RECORDS OF RNERSIDE COUNTY,
CAlllntzt,n
MDS CONSUL71NO AUGUST, 1999
GMT W. OORICII 1Sd893
FIRST 4MERICAN TITLE COMPANY
3625 F:' ,',er,th Street 787 1700
R— , It, California 92501
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