LLA 2003-404. City of Lauinta
Community Development Department
°EMOF�� 78-495 Calle Tampico
La Quinta, California 92253
(760) 777-7125 FAX D 777-1233
J U AUG 11 2993
crn of
APPLICATION FOR LOI
OFFICE USE ONLY
Case No. Cl4 D3�-b(O�
Date Recvd. I' oA
Fee:$��
Related Apps:
Logged in by:kt"
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.
.•..•..o .•..•..•..•..•. *..•..•..•..•..•. o..•..•..•..•..•..•. o..•..•..•..•..•..•. o..•..•..•..•..•..•..•..•..•..•..•..•..•..•. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
APPLICANT -7_tiC_
(Print) / -#- /30 --
MAILING ADDRESS A-) / ?3'/ Phone No.740 77 7 7�� �—
CITY, STATE, ZIP _�jt% !U c,�q 9 a a o i Fax No.76D 7 7 7
PROPERTY OWNERS
*Owner "A" Name: Cp
Address:
Phone:
(City)
*Owner "B" Name: Sf! Nf L-
(City)
*Owner "C" Name: 5st-a7 C
Address:
(City)
*Attach sheet for additional owners
Property B:
Property C:
(State) (Zip)
(State) (Zip)
(State) (Zip)
Assessor's Parcel Number:
Street Address (if any): 9C
Assessor's Parcel Number:
Street Address (if any): 'D
Assessor's Parcel Number:
Street Address (if any): F
Phone:
Phone:
�V
DESCRIPTION OF ADJUSTMENT REQUESTED: C,o% L /., c -s
A16:LLA
1-7/16/97 Appvd 2/2000 cdi
REASON FOR REQUEST:.
_APPLICABILITY
The following criteria must be met to approve a lot line adjustment:
Ia. The adjustment shall not create a greater number of parcels than originally existed.
WL The resulting parcels shall conform with City Zoning and Building Codes.
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 RRQ I FM NT
❑ Existing grant deeds or title reports for all affected parcels.
❑ An acceptable legal description of each existing parcel and a metes and bounds description of each new parcel
proposed.
❑ Closing calculations for each new parcel proposed.
❑ Original, unrecorded Grant Deeds for each new parcel with the following:
❑ 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 66412 (d), 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
County of Riverside
La Quinta
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.
NOTE: This grant deed perfects the intent of Lot Line Adjustment = _ as approved by the City of La Quinta.
A16:LLA 1-7/16/97 Appvd 2/2000 edi
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 Quints
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'/z" x 1 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 number 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.
4. ri -ii-i4 iJ .O .i4 + J :' i�
SIGNATURE OF APPLI
NAME OF APPLICANT
(Print)
SIGNATURE OF PROPERTY OWNER "A"
IF NOT SAME AS APPLICANT:
NAME OF OWNER
(Print)
SIGNATURE OF PROPERTY OWNER `B"
IF NOT SAME AS APPLICANT:
NAME OF OWNER
(Print)
SIGNATURE OF PROPERTY OWNER "C"
IF NOT SAME AS APPLICANT:
NAME OF OWNER
(Print)
DATE
_ DATE
DATE
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
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 2/2000 cdi
RECOADINO MEGUESTEC BY
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GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX isf
p computed on full value of property conveyed, or
computed on full value less value of liens or encumbrances remaining at time of sale.
Q unincorporated area ❑ city of AND
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
hereby GRANT(s) to
the following described real property in the
County of , State of California:
STATE OF CALIFORNIA t SS.
COUNTY Of ))
On this day of in the year
before me. the undersigned. a Notary Public in and for said Stale. personally
appeared
personally known to me
proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to this instrument, and acknowl.
edged Ip me that he (she or they) eaeculed It.
.—r— . en. v sun attar RaM m. la emelAl neu.itl .we
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EXHIBIT "A"
LOT LINE ADJUSTMENT NO.99 _
LOT 17
THAT
TRACT
CLLUSIVE OF MAPS, RECOORDSN2 OF RIVERSIDE COUNTY, 9136, AS FILED IN OCALBFORNIA,G
ES 4 THROUGH
116NDESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 17; THENCE ALONG THE SOUTHERLY
LINE OF SAID LOT, SOUTH 89"13'08" WEST, 188.69 FEET; THENCE SOUTH 0046'52' EAST, 4.32
FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A
RADIUS OF 1160.00 FEET, THE INITIAL RADIAL LINE BEARS NORTH 4'09'51- EAST; THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°41'05', AN ARC LENGTH
OF 216.32 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND
HAVING A RADIUS OF 840.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH
6031'13" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
4016150", AN ARC LENGTH OF 63.25 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH
2012'23" EAST; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 0046'62" WEST, 159.62 FEET
TO A POINTHE
39780LFEET;EOF SAID LOT; THENCE THENCE NORTH 89°13'08LONG SAID NOREAST. 11125 FEETLINE,LY TO THE
NORTHEAST CORNER OF SAID LOT, SAID POINT ALSO BEING THE BEGINNING OF A NON -
TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 563.00 FEET, THE INITIAL
RADIAL LINE BEARS NORTH 75013'23" WEST, THENCE ALONG THE EASTERLY LINE OF SAID LOT
AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15"33'29", AN ARC
LENGTH OF 152.68 FEET; THENCE SOUTH 0"46'52" EAST, 125.25 FEET TO THE POINT OF
BEGINNING.
ABOVE DESCRIBED LOT 17 CONTAINS 2.464 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
LOT 20
THAT BOOK
THROUGHTIOF 6N OINCLOUSIVE OF MAPS17 AND 20 OFT RECORDSRACT NO. p136, AS FILED OF RIVERSIDE COUNTY, 285, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER .OF SAID LOT 20; THENCE LONG THE NORTHERLY
LINE OF SAID LOTS 20 AND 17, NORTH 70041'29' EAST, 190.78 FEET; THENCE LEAVING SAID
NORTHERLY LINE, SOUTH 0.46'52" EAST, 159.62 FEET TO A POINT ON THE SOUTHERLY LINE OF
SAID LOT 17, SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 840.00 FEET, THE INITIAL RADIAL LINE BEARS SOUTH
2012'23" EAST; THENCE ALONG THE SOUTHERLY LINE OF SAID LOTS 17 AND 20, AND
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1025'31', AN ARC LENGTH OF
20.89 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 0°46'S2" WEST; THENCE
NORTH 0046'52" WEST, 10.00 FEET TO THE BEGINNING OF A NOWTANGENT CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 840.00 FEET, THE INITIAL RADIAL LINE BEARS NORTH
004612' WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
4.18'50", AN ARC LENGTH OF 63.25 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 1160.00 FEET, A RADIAL LINE THROUGH SAID -POINT
BEARS NORTH 6031'13" WEST; THENCE WESTERLY LONG SAID CURVE THROUGH A CENTRAL
PAGE 1 OF 2 G.1517110 LEGALsYl99-v"Am
1 orAw
ANGLE OF 3045'47°, AN ARC LENGTH OF 76A9 FEET TO THE SOUTHWEST CORNER OF SAID
LOT 20, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 2045'26' WEST; THENCE ALONG
THE WESTERLY LINE OF SAID LOT 20, NORTH 0°4652" WEST, 96.59 FEET TO THE POINT OF
BEGINNING.
ABOVE DESCRIBED LOT 20 CONTAINS 0.517 ACRES, MORE OR LESS.
AS SHOWN ON EXHISIT'B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED UNDER THE SUPERVISION OF:
hy�O�PL J. SG
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CL t" 2
L.S. SSE
ujp 12-31-99
CHRIS J. BERGH, P.L.S. 6588 DATE
EXP. 12/31/99
PAGE 2 OF 2 GA513,1 w.EcuSUae-MMd=
1 Or am
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EXHIBIT 99 B 99 FYI SHEEP 1 OF 1
LOT LINE ADJUSTMENT NO. 99-
LOTS 17 AND 20, TRACT NO. 29136
SHEETS
r�3 i=� >> 1 30
SCALE 1" -100'
2�1 r �) �\\ C _r \ C' r�
1 TlAC J J\10, 7 136)
OCURVE TABLE 1\�l.�' ,`��J�rJ1� N?S�1J'23"
NO DELTA RADIUS ARC LGT TAN (RAD' ,�
1 5'44'21" 640.00' 84.14' 42.11' - N 89'13'08"\\E
2 4'18'50- 840.00' 63.25' 31.64' 24 111.25' L-_ CtJ
3 1'25'31' B40.00' 20.89' 10.45' 60
4 T45'4T I160.00' 76.19' 38.11'
a vNi 1
SB
101'\ 49 5 4�B 63 jg1 80 n
17
-
�I ry ul 3 0
1.i I °e�-
��31`e.ij N_I� �� 2.464 AC. v�lc
NI3 20 / i I� / oI� N O'46'52" W �w
,."'� r^I 'coo NI /1 `rtJ 4.32' P.0.8, z�
0.517 AC. �./ t9 z� 6� /� �LOT 17� Q]
$ �J b/ zg1 t' / //` p=10' 41' OS" -1 N 89'13'OB" E 188.69'\
I z/ R=1150.00' L=215.32' r
Lz 4 2 / 2 r r
1
(RAD) 10.00 3 ' AIRPORT BOULEVARD
Np� LAND
LEGEND
PREPARED UNDER THE SUPERVISION OF:
yy�o y 9 �� _ _
- _ _ _ _ - EXISTING LOT LINE TO
BE ADJUSTEI
EXISTING LOT LINE TO
REMAIN
NEW LOT LINE
Vs.
* *
fj' OLD LOT NO.
[Q. a-3131-99
B NEW PARCEL NO.
\
CHRIS J. BERGH, L.S. 65BB DATE
OF
EXP. 12/31/99
CALF
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TMm OM.iYY. R
MDSYCM. • COFKN
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"°" °,""' LOT LINE
ADJUSTMENT NO.
99-
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CITY Or
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PLANR o ENOME tlNO
SURVEMO
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10-75'
4 W y OF THE
Engineering Plan Check Application and Fee
Lot Line Adjustment
Project: 7—/c%� ✓i� L. 1 S T T/fEQ El9u�fl j/Date: ✓ O 3
Development Identification Number:
*MapfPlans Submitted for Checking i
survgyor'c Checking Fee $50 x Lots —
CITY ACCOUNT INFORMATION Total Fee: $ _
101 000-443-318
APPLICANT INFORMATION
PERSON WNO IS RESPONSIBLE MR PI CHECK ADRIINISIRA7IVE DUTIES: ENGINEERING nR ERSON RESPONSIBLE FOR PREPARING PLANS/MAPS:
Hu¢
NANE OF MN
u�OF FRN
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CT' STAFF DATE
78.495 Calle Tampico • P.O. Box 1504 • La Quinta, CA 92253 • (619) 777-7075 • (fax) 777-71
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P.O. Box 1504
78-495 CALLF TAMPICO
LA QUINTA, CALIFORNIA 92253
October 16, 2003
Mr. Lance Alacano
Sedona Homes, Inc.
49-950 Jefferson Street, #130-134
Indio, CA 92201
SUBJECT: LOT LINE ADJUSTMENT 2002-404 (The Hideaway)
Dear Mr. Alacano:
(760) 777-7000
FAX (760) 777-7101
The Community Development Department and Public Works Department
have reviewed the above referenced application and provide this letter to
advise you that it has been approved. Enclosed are approved Exhibits A and
B, and the corresponding grant deed with an approved copy.
As the applicant, it is your responsibility to record the above mentioned
documents with Riverside County. 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. This letter shall be presented to the County Recorder as
verification that the City has approved the adjustment, and requests it's
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 these Lot Line Adjustments.
3
Should you have any questions, please contact me at your earliest
convenience at (760) 777-7068.
Sincerely,
JERRY HERMAN
COMMUNITY DEVELOPMENT DIRECTOR
MARTIN MAGANA
Associate Planner
Encl.
c: Chron
Sou;;,Ia;id Title Corporation
RECORDING REQUESTED BY:
Sedans Homes, Inc.
49.950 Jefferson St., # 130.134
Indio, CA 92201
AND WHEN RECORDED MAIL T0:
Sedan Homes, Inc.
49.950 Jefferson St„ z 130.134
Dt U Z003-806373
itei2sea ee:GOA Fee:4b.ee
Page t of 7
Reaerded An Official Records
County of Riverside
Gary L, Oroe
esseaasr, Ccunty Clark & Recorder
1111111111111111111111111111111111111111111111111111111
Indio, CA 82201 ' IA q iI
wry f0uo ecru"o u;,w
-�TPa n� -f i15 (yRQNT ['OFF❑ PrFAJ-7J.2-'i'"a • o/t-
THE UNDERSIGNED GRANTORIS) DECLARE(Sll
DOCUMENTARY TRANSFER TAX $ 2:)
❑ Computed on the consideration or value of property conveyed, OR
❑ Computed on the consideration or value lase liens or encumbrances remaining at time of sale.
FOR VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged,
Sedona Homes, Inc., as property owner, SUTNIANOTrill
HAS RECOADD 141E IMSi NIN R MNIIBf N M
ACCOMMODATION ONO AND HAS Not DUNK Ei IN
hereby GRANTS to REOLUM AND IUttICIENn OR At to n gIRI
THE TRIE TO ANY RIAL PROPOM TNATMAAR SE DU
T4wjK
Sedona Homes, Inc., as property owner,
the reel property In the City of La Quinta, County of Riverside, State of Callfornis, described as:
SEE EXHIBITS "A" and "S" ATTACHED HERETO AND REFERENCED MADE A PART HEREOF,
NOTE. THIS GRANT DEED IMPLEMENTS THE REVISED LOT CONFIGURATIONS PURSUANT TD LOT LINE
ADJUSTMENT NO. 2003.404, AS APPROVED BY THE CITY OF LA QUINTA. ALL PROPERTY SUAJECT 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 LINE ADJUSTMENT CONFIGURATIONS
PURSUANT TO GOVERNMENT CODE SECTION 66472(d), AND TO PERFECT THE INTENT OF LOT LINE
ADJUSTMENT NO, 2003-404 AS APPROVED BY THE CITY OF LA QUINTA.
DATED: 6 CT 3 , 2003
STATE OF CALIFORNIA I
COUNTY 0
On this day of �� 7i p✓ , 2003, before me,
c.7r the undersigned, a Not r Public
in and for said State, personally appeared,
personally known to me 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 his elgnatum on the Instrument, the person, or
the entity, upon behalf of which the person acted upon,
executed the Instrument,
WITNESS my hand and official seal.
,-esdone Homes, Property Owner
APPROVED BY THE CITY OF LA QUINTA
COMMNITY DEVELOPMENT DEPARTMENT
By: let
Title: i61ir
Date: /0 -/b
Case No.: it AA Bdr! - 40 4 _
official notarial seal)
7u•.a - Wd £b: TT bf36Z—ZT-1DnU
ILLEGIBLE NOTARY SEAL DECLARATION
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT WHICH THIS STATEMENT IS ATTACHED, READS AS FOLLOWS:
NAME OF NOTARY:
COMMISSION NUMBER:
COUNTY WHERE BOND IS FILED; Q
STATE WHERE BOND IS FILED; e,
DATE COMMISSION EXPIRES; 9 3 n 7
PLACE OF EXECUTION OF THIS DECLARATION: San Bernardino
DATE: /1-/3-0!5
SOUTHLAND TITLE
TRICIA REVETTA
TITLE ASSISTANT
cP.. Wd bb=TT b06Z-ZT-Dnl
l
u
OWNERS EXISTING LOT #/ AP # NEW PA _ NO
SEDONA HOMES, INC. 114 / 772-470-014 PARCEL "A"
SEDONA HOMES, INC. 115 / 772-470-015 PARCEL "B"
SEDONA HONES, INC. 116 / 772-470-016 PARCEL "C"
EXHIBIT "A"
LOT LINE ADJUSTMENT NO, 2003.404
PARCEL"A"
(ADJUSTED LOT 114)
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LOT 114
AND A PORTION OF LOT 115 OF TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN
BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 114, SAID POINT BEING ON THE
SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID TRACT, SAID
POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 640.00
FEET, A RADIAL LINE TO SAID POINT BEARS N 00.4 PI 4'8;
THENCE EASTERLY ALONG SAID CURVE 72.21 FEET THROUGH A CENTRAL ANGLE OF
6°27'53";
THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, S 5° 1910011E, 150.10 FEET TO A
POINT ON THE SOUTHERLY LINE OF SAID LOT 115, SAID POINT BEING ON A CURVE
CONCAVE SOUTHERLY HAVING A RADIUS OF 490,00 FEET, A RADIAL LINE TO SAID
POINT BEARS N 7042'50"E;
THENCE WESTERLY ALONG SAID CURVE 56.00 FEET THROUGH A CENTRAL ANGLE OF
6032'53" TO THE SOUTHWEST CORNER OF SAID LOT 114;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 114 N 00°52'29" W, 150.07 FEET TO
THE POINT OF BEGINNING,
TOTAL AREA OF ADJUSTED LOT = 9,616 S.F. (0.22 AC., MORE OR LESS)
SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS
OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY.
I5113
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Page I of 4
46'd Wd bb:TT voez-ZS-Dni
PARCEL'B"
(ADJUSTED LOT 115)
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A
PORTION OF LOT I15 AND A PORTION OF LOT 116 OF TRACT NO. 29894-2, AS SHOWN BY
MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE
PARTICULARILY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING
ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID TRACT,
SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 14°45'57'1;
THENCE S 10021'31" W; 151.15 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT
116, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 95,00
FEET, A RADIAL LINE TO SAID POINT BEARS N 21°47'20"E;
THENCE WESTERLY ALONG SAID SOUTHERLYL LINE 15.37 FEET THROUGH A CENTRAL
ANGLE OF 09016'02" TO A POINT OF COMPOUND CURVATURE HAVING A RADIUS OF
490.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 12°31' 18"E;
THENCE WESTERLY ALONG SAID CURVE 41.12 FEET THROUGH A CENTRAL ANGLE OF
04°48'28";
THENCE N 05-19'00"E, 150.10 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY
LINE OF LOT EE OF SAID TRACT NO. 29894-2, SAID POINT BEING ON A CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 640.00 FEET, A RADIAL LINE TO SAID POINT BEARS
N 07009'07"E;
THENCE EASTERLY ALONG SAID CURVE 59.98 FEET THROUGH A CENTRAL ANGLE OF
5022' 11" TO A POINT OF COMPOUND CURVATURE HAVING A RADIUS OF 245.00 FEET, A
RADIAL LINE TO SAID POINT BEARS N 12-3I'l8"E;
THENCE EASTERLY ALONG SAID CURVE 9.60 FEET THROUGH A CENTRAL ANGLE OF
02° 14'39" TO THE POINT OF BEGINNING,
TOTAL AREA OF ADJUSTED LOT = 9451 S.F. (0.22 AC., MORE OR LESS)
SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS
OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY.
Page 2 of 4
wd Sb.TL veez-zi-Dne
S0'd
PARCEL"C"
(ADJUSTED LOT 116)
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A
PORTION OF LOT 116 AND A PORTION OF LOT V OF TRACT NO. 29894.2, AS SHOWN BY
MAP ON FILE INBOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE
PARTICULARILY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING
ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID TRACT,
SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 14°45'37"E;
THENCE EASTERLY ALONG SAID RIGHT OF WAY LINE 70.90 FEET THROUGH A CENTRAL
ANGLE OF 16034'51" TO THE NORTHEAST CORNER OF SAID LOT 116;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 116, S 26039'25"W, 7.32 FEET;
THENCE S 13059'59"W, 118.44 FEET;
THENCE S 60041'05"W, 27.28 FEET;
THENCE N 69015'43"W, 38,99 FEET;
THENCE N 1002 Pal" E, 15 1, 15 FEET TO THE POINT OF BEGINNING,
TOTAL AREA OF ADJUSTED LOT = 9309 S.F. (0,21 AC., MORE OR LESS)
SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS
OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY.
Ca W,irmir� Commisslan
tJity Cou-.cil
o:nnwnlr Dov, Dept.
1nitials
Case No. _U& WAL-1
Exhibit
With Conaitlons
Page 3 of 4
...A we sv:ii �eez-zi-Dne
LOT "V"
(ADJUSTED LOT V)
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A
PORTION OF LOT V AND LOT 116 OF TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN
BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED
AS FOLLOWS:
LOT V EXCEPTING THEREFROM THE FOLLOWING DESCRIBED AREA;
COMMENCING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT
BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT BE NIA SAVONA) OF SAID
TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A
RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 14`45'57"E;
THENCE EASTERLY ALONG SAID RIGHT OF WAY LINE 70,90 FEET THROUGH A CENTRAL
ANGLE OF 16034'51" TO THE NORTHEAST CORNER OF SAID LOT 116;
THENCE S 26°39'25"W, 7.32 FEET TO THE TRUE POINT OF BEGINNING;
THENCE S 13059'59"W, 118,44 FEET;
THENCE S 60041'05" , 27.28 FEET;
THENCE N 69015'43"W, 10,75 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 116
OF SAID TRACT;
THENCE N 26039'25" E, 139,28 FEET TO THE POINT OF BEGINNING.
ALSO TOGETHER WITH THE FOLLOWING DESCRIBED PORTION OF SAID LOT 116:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 116;
THENCE N 26039'25" E, 4.71 FEET;
THENCE N 69'15'43"W, 28,24 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHERLY, HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE TO SAID POINT BEARS
N 21°47'20"E;
THENCE EASTERLY ALONG SAID CURVE 28.25 FEET THROUGH A CENTRAL ANGLE OF
17002'24" TO THE POINT OF BEGINNING,
A2,2r Ije i t)v� 1 :4
• Planning Commission
• City Council
GYCommunny Dev. Dept.
Initials MINI td-/
Case No, L6+'?!93''EO'r
Exhibit
O With Conditions
Page 4 of 4
J q'd wd Sb:TT blaez-ZS-nnl
L LAN
4 N0. 5479
EMp. B/30/04
EXHIS/T "B"
LOT LINE ADJUS7UENT NO. 2003-404
McVATr SIREEr)
(LOT £F J
- PAR'�
PARCEL IA' K4
L =i,
0.67
81
�I
I
PARCEL
toA„
I
9,616 S.F.
gI
gl
i zv
1-5.018
R 5P'0
\ I,
R-490. 0
CURVE TABLE
CUR
LENGTH
FRADIUS
I DELTA
cil
245.00
c2
t5.37
95.00
y '
C3
28.25
85.00
17 '
I
— — — — — — — — EXISANG LOT LINE TO BE ADJUSTED
NEW LOT LINE
EXISANG LOT LINE TO REMAIN
[XXXq - I0V7Z5 RECORD OATH PER M..8.J77/56-86
P. R8.
R ) PARCELS 18 R C'
Cl
� I
;I
'of k /
PARCEL
9,451 S,F, $ 1A PA,RCEL/
l 4 9,309 S.F.
I /
79-JOI COUTRY CLUB DR., STE. 201ILZ 4117e
BERMUOA DUNES, CA 92207 WA YNE X McGEE
(760)345-3828 FAX (760)772-5705 LS 5479 EXP,
zJz'
LINE TABLE
LINE
LENGTH
BEARING
Lt
7.32
S2 "
L21
10.751
589'15'43"E
L31
4.71
828'39'26`W
SUPER NSION OF.'
DA TE
...A Wd 9b=TT baez-ZT-Dnv
+ RECORDING REQUESTED BY:
Sedona Homes, Inc.
49-950 Jefferson St., # 130-134
Indio, CA 92201
AND WHEN RECORDED MAIL TO:
Sedona Homes, Inc.
49-950 Jefferson St., # 130-134
Indio, CA 92201
SPACE ABOVE THIS LINE FOR RECORDER'S USE
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX $
❑ Computed on the consideration or value of property conveyed, OR
❑ Computed on the consideration or value less liens or encumbrances remaining at time of sale.
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Sedona Homes, Inc., as property owner,
hereby GRANTS to
Sedona Homes, Inc., as property owner,
the real property in the City of La Quinta, County of Riverside, State of California, described as:
SEE EXHIBITS "A" and "B" ATTACHED HERETO AND REFERENCED MADE A PART HEREOF.
NOTE: THIS GRANT DEED IMPLEMENTS THE REVISED LOT CONFIGURATIONS PURSUANT TO LOT LINE
ADJUSTMENT NO. 2003-404, 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 LINE ADJUSTMENT CONFIGURATIONS
PURSUANT TO GOVERNMENT CODE SECTION 66412(d), AND TO PERFECT THE INTENT OF LOT LINE
ADJUSTMENT NO. 2003-404 AS APPROVED BY THE CITY OF LA QUINTA.
DATED: 2003
STATE OF CALIFORNIA 1
COUNTY OF 1 ss.
On this_ day of , 2003, before me,
the undersigned, a Notary Public
in and for said State, personally appeared,
personally known to me 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 his signature on the instrument, the person, or
the entity, upon behalf of which the person acted upon,
executed the instrument.
WITNESS my hand and official seal.
Signature
Notary Public In And For Said State
Sedona Homes, Property Owner
APPROVED BY THE CITY OF LA QUINTA
COMzc�
Y DEVELOPMENT DEPARTMENT
By: /4t i.
Title: 4_r�%�44- R2xsri.-
Date: /D -IG. -o g
Case No.: 44A 2en.3 -04
(This area for official notarial seal)
ILI
1,
OWNERS EXISTING LOT #/ AP # NEW PAR. NO.
SEDONA HOMES, INC.
114
/ 772-470-014
PARCEL "A"
SEDONA HOMES, INC.
115
/ 772-470-015
PARCEL `B"
SEDONA HOMES, INC.
116
/ 772-470-016
PARCEL "C"
EXHIBIT "A"
LOT LINE ADJUSTMENT NO. 2003-404
PARCEL "A"
(ADJUSTED LOT 114)
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LOT 114
AND A PORTION OF LOT 115 OF TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN
BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 114, SAID POINT BEING ON THE
SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID TRACT, SAID
POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 640.00
FEET, A RADIAL LINE TO SAID POINT BEARS N 00°41' 14"E;
THENCE EASTERLY ALONG SAID CURVE 72.21 FEET THROUGH A CENTRAL ANGLE OF
6°27'53",
THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, S 5019'00"E, 150.10 FEET TO A
POINT ON THE SOUTHERLY LINE OF SAID LOT 115, SAID POINT BEING ON A CURVE
CONCAVE SOUTHERLY HAVING A RADIUS OF 490.00 FEET, A RADIAL LINE TO SAID
POINT BEARS N 7042'50"E;
THENCE WESTERLY ALONG SAID CURVE 56.00 FEET THROUGH A CENTRAL ANGLE OF
6032'53" TO THE SOUTHWEST CORNER OF SAID LOT 114;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 114 N 00052'29" W, 150.07 FEET TO
THE POINT OF BEGINNING.
TOTAL AREA OF ADJUSTED LOT = 9,616 S.F. (0.22 AC., MORE OR LESS)
SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS
OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY.
YiHEA,
� L35<7B
30 2ul
Page 1 of 4
PARCEL`B"
(ADJUSTED LOT 115)
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A
PORTION OF LOT 115 AND A PORTION OF LOT 116 OF TRACT NO. 29894-2, AS SHOWN BY
MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE
PARTICULARILY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING
ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID TRACT,
SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 14°45'57"E;
THENCE S 10021'31" W; 151.15 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT
116, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 95.00
FEET, A RADIAL LINE TO SAID POINT BEARS N 21°47'20"E;
THENCE WESTERLY ALONG SAID SOUTHERLYL LINE 15.37 FEET THROUGH A CENTRAL
ANGLE OF 09016'02" TO A POINT OF COMPOUND CURVATURE HAVING A RADIUS OF
490.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 12031' 18"E;
THENCE WESTERLY ALONG SAID CURVE 41.12 FEET THROUGH A CENTRAL ANGLE OF
04°48'28";
THENCE N 05019'00"E, 150.10 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY
LINE OF LOT EE OF SAID TRACT NO. 29894-2, SAID POINT BEING ON A CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 640.00 FEET, A RADIAL LINE TO SAID POINT BEARS
N 07°09'07"E'
THENCE EASTERLY ALONG SAID CURVE 59.98 FEET THROUGH A CENTRAL ANGLE OF
5022' 11" TO A POINT OF COMPOUND CURVATURE HAVING A RADIUS OF 245.00 FEET, A
RADIAL LINE TO SAID POINT BEARS N 12.31' 18"E;
THENCE EASTERLY ALONG SAID CURVE 9.60 FEET THROUGH A CENTRAL ANGLE OF
02014'39" TO THE POINT OF BEGINNING.
TOTAL AREA OF ADJUSTED LOT = 9451 S.F. (0.22 AC., MORE OR LESS)
SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS
OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY.
Page 2 of 4
r3,
PARCEL "C"
(ADJUSTED LOT 116)
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A
PORTION OF LOT 116 AND A PORTION OF LOT V OF TRACT NO. 29894-2, AS SHOWN BY
MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE
PARTICULARILY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING
ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID TRACT,
SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 14°45'57"E;
THENCE EASTERLY ALONG SAID RIGHT OF WAY LINE 70.90 FEET THROUGH A CENTRAL
ANGLE OF 16034'51" TO THE NORTHEAST CORNER OF SAID LOT 116,
THENCE ALONG THE EASTERLY LINE OF SAID LOT 116, S 26039'25"W, 7.32 FEET,
THENCE S 13°59'59"W, 118.44 FEET;
THENCE S 60°41'05"W, 27.28 FEET;
THENCE N 69015'43"W, 38.99 FEET;
THENCE N 10021'31" E, 151.15 FEET TO THE POINT OF BEGINNING.
TOTAL AREA OF ADJUSTED LOT = 9309 S.F. (0.21 AC., MORE OR LESS)
SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS
OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY.
Die RrsU sk
L7 Pil':finu'i j Commission —
EJ t; Co :j0iI --
o�errnunit r Dev. Dept.
Initials- Mkti--
Case NO. __LIA 76M3-lfw4
Exhibit
❑ With Conaitions
Page 3 of 4
LOT "V"
(ADJUSTED LOT V)
IN THE CITY OF LA QUENTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A
PORTION OF LOT V AND LOT 116 OF TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN
BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED
AS FOLLOWS:
LOT V EXCEPTING THEREFROM THE FOLLOWING DESCRIBED AREA:
COMMENCING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT
BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID
TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A
RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 14°45'57"E;
THENCE EASTERLY ALONG SAID RIGHT OF WAY LINE 70.90 FEET THROUGH A CENTRAL
ANGLE OF 16034'51" TO THE NORTHEAST CORNER OF SAID LOT 116;
THENCE S 26039'25"W, 7.32 FEET TO THE TRUE POINT OF BEGINNING;
THENCE S 13059'59"W, 118.44 FEET;
THENCE S 60041'05", 27.28 FEET;
THENCE N 69015'43"W, 10.75 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 116
OF SAID TRACT;
THENCE N 26039'25" E, 139.28 FEET TO THE POINT OF BEGINNING.
ALSO TOGETHER WITH THE FOLLOWING DESCRIBED PORTION OF SAID LOT I16
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 116,
THENCE N 26039'25" E, 4.71 FEET;
THENCE N 69015'43"W, 28.24 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHERLY, HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE TO SAID POINT BEARS
N 21047'20"E;
THENCE EASTERLY ALONG SAID CURVE 28.25 FEET THROUGH A CENTRAL ANGLE OF
17002'24" TO THE POINT OF BEGINNING.
C Piartni-io Commission
El City Council
GYComrnuni;y Dev. Dept.
Initials #19'1 0-16-0
Case No. LLA 24fti-*,(
Exhibit
❑ With Conditions
Page 4 of 4
\°NpL LANDS EXHIBIT "B°
�pJNi A MP�F� LOT LINE ADJUSTMENT NO. 2003-404
F 0
NO. 5479 — — — — — — — — EXIS77NG LOT LINE TO BE ADJUSTED
Exp. 9/30/04
NEW LOT LINE
9TFOF CALIF°�a\P (PR/YAIE S7RffTJ EXIS77NG LOT LINE TO REMAIN
(LOT FE)
P.O.B. �p[XXXXJ = lNDlCA1ES RECORD DATA PER MB.327/56-88
�' PARCEL A" KA
P.O.B.
R PARCELS B & C"
L =70.90 JJ
[=6'20'Sl' /
R=640.00 S144557'W R"_¢0'
,( L =72' R=640. 00 S
/ D=6'27 'S3" j 1� L=59A, \ \
0O'Y
y I 0-5'2?��' —� ClCJ Cc7pZ4500J
�700 01- .. � 53170'46" W (R)7127,
7.32' . 0 P
I o m
PARCEL I PARCEL ^/ 1
� M
9,616 S.F. of 0 9,451 S.F. PARCEL
»C»
9, 309 S. F.[ ti
32'03 1 /l C=41 1 / /
8'?-8t.
�g1" LD=S'52'08" {(C=46.9?J�J C? / SO // / 0 — a p y
[R=490. 00J, [45'29'1 . �� 9y5f,}" U U
[R=490.00? ? J `)Bg ,�` 126 . E •° is C :?•O
!R 9S o 6/\°y� /z N 6� Ei o
0� °Jl Qro� EyZ_U
ti�J nU °caynca
CURVE TABLE
CURVEJ
LENGTH
I RADIUS
I DELTA
C1
9.60
245.00
2'14'39"
C2
15.371
95.00
9'16'02"
E31
28.251
95.00
17.2'24-
LINE TABLE
LINE
LENGTH
BEARING
LlI
7.32
S26'39'25"W
L21
10.751
S6915'43"E
L31
4711
S26'39'25"W
IN THE CITY OF LA OUINTA
MCGEE SURVt: r1NG, INC. PREPARED HE SUPERVISION OF.
79-301 COUTRY CLUB DR., STE. 201
BERMUDA DUNES, CA 92201
(760)345-3828 FAX (760)772-5705 WAYNE A. McGEE
L.S. 5479 EXP.
DA TE
�P
i I
I11
1090
I
LETTER OF TRANSMITTAL
To: r,J /,r) F�CiG tC' �%'111
Attn:
We are forwarding
( ) Prints
( ) Change Order
�Vla �6ftN b'
Date:
Project No.:
From:
( ) Attached ( ) Under separate cover via:
� Z 6%03
( ) Mylars () Specifications () Copy of Letter
( ) Field Order () Other () Drawings
DWG.
REV.
COPIES
/D�[E!'SCRI{PTION�j/
z�l d— %
7/ Cf
These are transmitted as checked below:
( ) For information and coordination
( ) Resubmit bluelines for review
( ) Submit _ copies for construction
( ) Return revised prints/mylars
Remarks:
cc: 3&2—
By:
eview and comment
or approval,
qe
P.O. Box 1504, La Quinta, CA 92253 Phone: (760) 777-7075 Fax: (760) 777-7155
E
Ell
RIGHT-OF-WAY AND SURVEY ASSOCIATES
SEP 1 7 2003
Mr. Timothy R. Jonasson. PE. CA-% Engineer September 16. 2003
Cit} of La Quinta
P. O. Box 1504
La Quinta. Ca 92253
Subject: Recommendation for approval of Lot Line Adiustment No. 2003-404.
Dear Sir:
I haN e completed m} review- of subject documents as prepared b} Brad McGee. PLS. and
find it to be technically correct and in conformance with the Subdivision Map Act. the
Land Surve%or's .Act and Cit} of La Quinta requirements. Other applicable agencies or
departments ma} require final review- and/or revisions.
Sincerel\ .
Eric Nelson. PLS
C'IA
LETT
COMMUNITY l
To: Steve Speer
From: Martin Magana AO
Cases: LLA 03-404
Location: See Attached Information
Proposal: Adjust parcel boundary lii
the proposed Lot Line Adjustment 1
along with copies of the legal descri
NOTE: Please review this
The above is transmitted via:
Mail Fed Ex
PLAN CI
PCN _
Please c
on all cc
are in pl
C
4 Qubt rorm
,R OF TRANSMITTAL
EVELOPMENT DEPARTMENT
Date: August 29, 2003 , SEP 0 2 2003
Ref: Lot Line Adjustment.Applieation
:s per application. Enclosed find two sets of application materials for
r parcels 772-470-014, 015 & 016 of Tract 29894-2 (The Hideaway)
:ions, plat maps, lot closure calcs, and title reports.
1 and provide comments as soon as possible.
Fax Hand Other
Plan
while plane
(PCN)
-3
LETTER OF TRANSMITTAL
COMMUNITY DEVELOPMENT DEPARTMENT
To: Steve Speer
From: Martin Magana AV
Cases: LLA 03-404
Location: See Attached Information
Date: August 29, 2003
Ref: Lot Line Adjustment Application
Proposal: Adjust parcel boundary lines per application. Enclosed find two sets of application materials for
the proposed Lot Line Adjustment for parcels 772-470-014, 015 & 016 of Tract 29894-2 (The Hideaway)
along with copies of the legal descriptions, plat maps, lot closure calcs, and title reports.
NOTE: Please review this proposal and provide comments as soon as possible.
The above is transmitted via:
Mail Fed Ex Fax Hand Other
Comments:
MCGEE SURVEYING, INC
LETTER OF TRANSMITTAL
To: City,ol,La Quints Date: 8/11/2003
Project: Hideaway- lla
Attn: Planning Department
Tel No.:
We are forwarding:
No. of Copies
W.O.: 2761
Tract No.: Hideaway
brad By Messenger By Mail Your Pickup
Description:
Submittal package for Lot Line Adjustment
Instructions: For plan checking
This Material Sent for:
Your Files
Your Review
x Checking
Other
By: BRAD MCGEE
Per Your Request
Approval
At the request of:
79-301 Country Club Drive, Suite 102, Bermuda Dunes, CA 92201
Phone (760) 345-3828 Fax (760) 772-5705
i
c
4 I Fnj OF TK4'O
Engineering Plan Check Application and
Lot Line Adjustment
,.L�:I,: „IT
4 Project: ( eA4<-/ L� ( (� Date: l! G3
DevelopmentIdentificationNumber:
Man/Plans Submitted for Checking
Surveyor's Checking Fee
CITY `��• CIR11G •\
101-000-443-318
$50 x 3 Lots
Total Fee:
611,'0 1 1 2003
ITY
Fee
$10
APPLICANT INFORMATION
PERSON WHO IS RESPONSIBLE FOR PLAN CHECK ADMINISTRATIVE DUTIES
ENGINEERING FIRMIPERSON RESPONSIBLE FOR PREPARING PLANSIMAPS.
NAME
NAME
Si�o�✓ �✓�iver�'��•-fir
NAME OF FIRA1
NAME OF FIRM
644 - Z
ADDRESS
ADDRESS
CITY STATE ZIP
CITY STATE ZIP
5 Y� -3;6 -zip 5Y`I -366 - 5'zeo
TELEPHONE FAX
TELEPHONE FAR
A M _' ,_-
e(ir103
CITY STAFF
DATE
78-495 Calle Tampico • P.O. Box 1504 • La Quinta, CA 92253 • (619) 777-7075 • (Fax) 777-7155
'F \P WDEPnDOCSFORMSF007. W PD
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RECORDING REOUESTEO
FIRST AMERICAN I o LE COIN
SUTA)WISION DE.PARIMLNI
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Sedona Homes, Inc.
77-825 Laredo Court
La Quinta, California 92253
Attention: Lance Alacano
DOC * 2003-290G34
04/24/2003 08:00A Fee:13.00
Page 1 of 3 Doc T Tax Paid
Recorded in Official Records
County of Riverside
Gary L. Orso
Assessor, County Clerk 8 Recorder
III 10 III I I I1 11E III 111 111 11�
M S U oAGE SIZE. pA GCOR NOCOF SMF � h115C
A R L COPY LONG gEFUNO I NCHG EXArv,
KIP -1 7d - H 7C-OC 5 'nj4U,,L,j}-DIE. [SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
LJ
The undersigned grantor declares that Documentary Transfer Tax is not shown pursuant
to Section 11932 of the Revenue and Taxation Code, as amended.
City of La Quinta, Riverside County, California
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ND
LA QUINTA PARTNERS, LLC, a Delaware limited liability company ("Grantor"), hereby grant
to SEDONA HOMES, INC., a California corporation, that certain real property located in the
City of La Quinta, County of Riverside, State of California, which is more fully described in
Exhibit A attached hereto, and hereby made a part hereof.
SUBJECT TO all covenants, conditions, restrictions, rights, rights -of -way, easements,
encumbrances and other matters of record.
Dated: As of April l Q2 , 2003
GRANTOR:
ND LA QUINTA PARTNERS, LLC,
a Delaware limited liability company
By: Nationwide Realty Investors, Ltd.,
an Ohio 1 ni liability c I any
its Maria ember
By: P�
an .l. Ellis
President and Chief Operating Officer
I-LA/G6633GJ
1
EXHIBIT A
LEGAL DESCRIPTION
Lots 105 through 116, inclusive of amended Tract No. 29894-2, as shown on a map filed in Book
327, pages 56 through 88 inclusive of maps, in the Office of the County Recorder of Riverside
County, California.
Reserving therefrom an easement for drainage, utility and landscape purposes over the northerly
12.00 feet of said lots.
1-rA/666336.1
EXHIBIT "A"
LOT LINE ADJUSTMENT NO.2003-XXX
PARCEL"A"
(ADJUSTED LOT 114)
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LOT 114
AND A PORTION OF LOT 115 OF TRACT NO. 298894-2, AS SHOWN BY MAP ON FILE IN
BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 114, SAID POINT BEING ON THE
SOUTHERLY RIGHT OF WAY LINE OF LOT EE OF SAID TRACT, SAID POINT ALSO BEING
ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 640.00 FEET, A RADIAL, LINE
TO SAID POINT BEARS N 00041' 14"E;
THENCE EASTERLY ALONG SAID CURVE 72.21 FEET THROUGH A CENTRAL ANGLE OF
6°09'18";
THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, S 5°19'00", 150.10 FEET TO A
POINT ON THE SOUTHERLY LINE OF SAID LOT 115, SAID POINT BEING ON A CURE
CONCAVE SOUTHERLY HAVING A RADIUS OF 490.00 FEET, A RADIAL LINE TO SAID
POINT BEARS N 7042'50"E;
THENCE WESTERLY ALONG SAID CURVE 56.00 FEET THROUGH A CENTRAL ANGLE OF
6033'21" TO THE SOUTHWEST CORNER OF SAID LOT 114;
TOTAL AREA OF ADJUSTED LOT = 9,616 S.F. (0.22 AC., MORE OR LESS)
SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS
OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY.
r
PARCEL`B"
(ADJUSTED LOT 115)
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A
PORTION OF LOT 115 AND A PORTION OF LOT 116 OF TRACT NO, 298894-2, AS SHOWN
BY MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE
PARTICULARILY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING
ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE OF SAID TRACT, SAID POINT ALSO
BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 245.00 FEET, A
RADIAL LINE TO SAID POINT BEARS N 14045'57"E;
THENCE S 10021'31" W; 151.15 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT
116, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 95.00
FEET, A RADIAL LINE TO SAID POINT BEARS N 21°47'20"E;
THENCE' WESTERLY ALONG SAID SOUTHERLYL LINE 15.37 FEET THROUGH A CENTRAL
ANGLE OF 09016'02" TO A POINT OF COMPOUND CURVATURE HAVING A RADIUS OF
490.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 12031'18"E;
THENCE WESTERLY ALONG SAID CURVE 41.12 FEET THROUGH A CENTRAL ANGLE OF
04°48'28":
THENCE N 05019'00"E, 150.10 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY
LINE OF LOT EE OF SAID TRACT NO. 29894-2, SAID POINT BEING ON A CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 640.00 FEET, A RADIAL LINE TO SAID POINT BEARS
N 07°09'0'1';
THENCE ]EASTERLY ALONG SAID CURVE 59.98 FEET THROUGH A CENTRAL ANGLE OF
5022' 11" TO A POINT OF COMPOUND CURVATURE HAVING A RADIUS OF 245.00 FEET, A
RADIAL LINE TO SAID POINT BEARS N 12031' 18"E;
THENCE WESTERLY ALONG SAID CURVE 9.60 FEET THROUGH A CENTRAL ANGLE OF
02014'39" TO THE POINT OF BEGINNING.
TOTAL AREA OF ADJUSTED LOT = 9451 S.F. (0.22 AC., MORE OR LESS)
SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS
OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY.
PARCEL "C"
(ADJUSTED LOT 116)
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A
PORTION OF LOT 116 AND A PORTION OF LOT V OF TRACT NO. 298894-2, AS SHOWN BY
MAP ON FILE IN BOOK 327. PAGES 56-88 OF MAPS OF SAID COUNTY, MORE
PARTICULARILY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING
ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE OF SAID TRACT, SAID POINT ALSO
BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 245.00 FEET, A
RADIAL LINE TO SAID POINT BEARS N 14045'57"E;
THENCE EASTERLY ALONG SAID RIGHT OF WAY LINE 70.90 FEET THROUGH A CENTRAL
ANBLE OF 16034'49" TO THE NORTHEAST CORNER OF SAID LOT 116;
THENCE S 26039'25"W, 7.32 FEET;
THENCE S 13059'59"W, 118.44 FEET;
THENCE S 60041'05", 27.28 FEET;
THENCE N 69015'43"W, 38.99 FEET;
THENCE N 10021'3I" E, 151.15 FEET TO THE POINT OF BEGINNING.
TOTAL AREA OF ADJUSTED LOT = 9309 S.F. (0.21 AC., MORE OR LESS)
SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS
OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY.
LOT "V"
(ADJUSTED LOT V)
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A
PORTION OF LOT V AND LOT 116 OF TRACT NO. 298894-2, AS SHOWN BY MAP ON FILE IN
BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED
AS FOLLOWS:
LOT V EXCEPTING THEREFROM THE FOLLOWING DESCRIBED AREA:
COMMENCING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT
BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE OF SAID TRACT, SAID
POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 245.00
FEET, A RADIAL LINE TO SAID POINT BEARS N 14°45'57"E;
THENCE EASTERLY ALONG SAID RIGHT OF WAY LINE 70.90 FEET THROUGH A CENTRAL
ANBLE OF 16034'49" TO THE NORTHEAST CORNER OF SAID LOT 116;
THENCE S 26039'25"W, 7.32 FEET TO THE TRUE POINT OF BEGINNING;
THENCE S 13059'59"W, 118.44 FEET;
THENCE S 60041'05", 27.28 FEET,
THENCE N 69015'43"W, 10.75 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 116
OF SAID TRACT;
THENCE N 26039'25" E, 139.28 FEET TO THE POINT OF BEGINNING.
ALSO TOGETHER WITH THE FOLLOWING DESCRIBED AREA:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 116,
THENCE N 26039'25" E, 4.71 FEET,
THENCE N 69015'43"W28.24 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHERLY, HAVING A RADIUS OF 95.00 FEET;
THENCE EASTERLY ALONG SAID CURVE 28.25 FEET TO THE POINT OF BEGINNING.
CLOSURES.txt
--------------
Parcel name: B
North: 9455.6578
East : 15912.3888
Line course:
5 10-21-31 W
Length: 151.15
North:
9306.9713
East :
15885.2107
curve Length:
15.37
Radius:
95.00
Delta:
9-16-02
Tangent:
7.70
chord:
15.35
Course:
N 72-50-41
W
Course In:
5 21-47-20 W
course Out:
N 12-31-18
E
RP North:
9218.7583
East
15849.9479
End North:
9311.4987
East
15870.5447
Curve Length:
41.12
Radius:
490.00
Delta:
4-48-28
Tangent:
20.57
chord:
41.11
Course:
N 79-52-56
W
course In:
S 12-31-18 w
course Out:
N 07-42-50
E
RP North:
8833.1538
East :
15764.3084
End North:
9318.7196
East :
15830.0793
Line Course:
N 05-19-00 E
Length: 150.10
North:
9468.1738
East :
15843.9876
Curve Length:
59.98
Radius:
640.00
Delta:
5-22-11
Tangent:
30.01
Chord:
59.96
Course:
S 80-09-47
E
Course In:
S 07-09-07 W
Course Out:
N 12-31-18
E
RP North:
8833.1534
East
15764.3069
End North:
9457.9304
East
15903.0646
curve Length:
9.60
Radius:
245.00
Delta:
2-14-39
Tangent:
4.80
Chord:
9.60
Course:
5 76-21-22
E
Course In:
5 12-31-18 w
Course Out:
N 14-45-57
E
RP North:
9218.7579
East
15849.9464
End North:
9455.6663
East
15912.3917
Perimeter:
427.31 Area:
9,451 sq.ft. 0.22
acres
Mapcheck Closure
- (Uses listed courses, radii,
and deltas)
Error Closure:
0.0090
Course:
N 18-42-42
E
Error North:
0.00852
East :
0.00289
Precision 1:
------------------------------------------------------------
47,481.75
Parcel name: A
North:
9490.1522
East :
15817.9171
Curve Length:
56.00
Radius:
490.00
Delta:
6-32-55
Tangent:
28.03
Chord:
55.97
Course:
N 85-33-38 w
course In:
S 07-42-50 w
course Out:
N 01-09-57 E
RP North:
9004.5864
East :
15752.1462
End North:
9494.4850
East :
15762.1111
Line course:
N 00-52-29 W
Length: 150.07
North:
9644.5375
East :
15759.8201
Curve Length:
72.21
Radius:
640.00
Delta:
6-27-53
Tangent:
36.14
chord:
72.17
Course:
S 86-04-49 E
course In:
S 00-41-14 w
course Out:
N 07-09-07 E
RP North:
9004.5836
East
15752.1439
End North:
9639.6040
East
15831.8246
Page
1
CLOSURES.txt
Line course: 5 05-19-00 W Length: 150.10
North: 9490.1498 East : 15817.9163
Perimeter: 428.38 Area: 9,616 sq.ft. 0.22 acres
Mapcheck closure - (uses listed courses, radii, and deltas)
Error Closure: 0.0025 course: 5 18-34-26 W
Error North:-0.00240 East :-0.00081
Precision 1: 168,982.01
Parcel name: C
North: 9398.3232 East : 16040.1685
Line course: N 26-39-25 E Length: 7.32
North: 9404.8652 East : 16043.4526
Curve Length: 70.90 Radius: 245.00
Delta: 16-34-49 Tangent: 35.70
Chord: 70.65 Course: N 66-56-37 W
Course in: S 31-20-48 W Course Out: N 14-45-59 E
RP North: 9195.6265 East : 15916.0000
End North: 9432.5349 East : 15978.4452
Line course: 5 10-21-31 W Length: 151.15
North: 9283.8484 East : 15951.2672
Line course: S 69-15-43 E Length: 38.99
North: 9270.0422 East : 15987.7310
Line course: N 60-41-05 E Length: 27.28
North: 9283.3989 East : 16011.5174
Line Course: N 13-59-59 E Length: 118.44
North: 9398.3208 East : 16040.1701
Perimeter: 414.09 Area: 9,309 sq.ft. 0.21 acres
Mapcheck closure - (uses listed courses, radii, and deltas)
Error Closure: 0.0029 Course: S 33-54-30 E
Error North:-0.00237 East : 0.00159
Precision 1: 145,152.52
Page 2
Order Or:
Page Num er.
O-SA-1086458
First American Title
2 First American Way
Santa Ana, CA 92707
Jenny McIntire
Sedona Homes
49950 Jefferson Street, Suite 130-134
Indio, CA 92201-8810
Phone: (760) 777-7522
Fax:
Customer Reference:
Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Property:
80-873 Via Savona LLA
O-SA-1086458
David Noble (18)
(714) 800-4773
(714) 800-4965
dnoble@firstam.com
80-861 Via Savona
La Quinta, California
PRELIMINARY REPORT
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.
First American Title
Order Der: O-SA-1086458
Page Number: 2
Dated as of July 02, 2003 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
This report is for Lot Line Adjustment purposes only.
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Sedona Homes, Inc., a California corporation
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
2.
K�
General and special taxes and assessments for the fiscal year 2003-2004, a lien not yet due or
payable.
The lien of defaulted taxes for the fiscal year 2002-2003, and any subsequent delinquencies.
Tax Rate Area:
A. P. No.:
Amount to redeem:
Valid through:
Amount to redeem:
Valid through:
020-056
772-470-014-8
$893.23
July 31, 2003
$904.51
August 31, 2003
The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
Although the above supplemental taxes may be a lien, the installments thereof are not yet due or
payable.
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.
In favor of: the public.
For: 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
Fir5tAmerican Title
Ordereer. O-SA-1086458
Page Number: 3
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.
5. Reservations contained in the patent from the United States of America, recorded July 31, 1905
in Book 3, page 228 of patents, which among other things recites as follows: "Subject to any
Vested and Accrued Water Rights for Mining, Agricultural, Manufacturing, or other Purposes and
Rights to Ditches and Reservoirs used in Connection with such Water Rights, as may be
Recognized and Acknowledged by The Local Customs, Laws and Decisions of the Courts, and the
Reservation From The Lands Hereby Granted, a Right of Way Thereon for Ditches, or Canals
Constructed by the Authority Of The United States."
6. Reservations contained in the patent from the United States of America, recorded april 1, 1912 in
Book 6, page 112 of patents, which among other things recites as follows: "Subject to any
Vested and Accrued Water Rights for Mining, Agricultural, Manufacturing, or other Purposes and
Rights to Ditches and Reservoirs used in Connection with Such Water Rights, as may be
Recognized and Acknowledged by the Local Customs, Laws and Decisions of the Courts, and the
Reservation From the Lands Hereby Granted, a Right of Way Thereon for Ditches, or Canals
Constructed By The Authority Of The United states."
7. The fact that said land lies within the Coachella Valley soil conservation district, as evidenced by
a resolution and order recorded December 13, 1956 in Book 2011, page 519 of Official Records
of Riverside County, California.
8. A document entitled "Land Conservation Contract" recorded February 28, 1977 as Instrument No.
32801 of Official Records.
9. The terms, provisions and conditions contained in a document entitled "Agreement', executed by
and between Coachella Valley Water District, a public agency, and NRI-CCP I, a Delaware limited
liability company, recorded December 28, 2000 as Instrument No. 2000-515110 of Official
Records.
10. The terms, provisions and conditions contained in a document entitled 'Irrigation Water Service
Agreement', executed by and between Coachella Valley Water District, a public agency of the
State of California, and NRI-CCP I, a Delaware limited liability company, recorded June 29, 2001
as Instrument No. 2001-298678 of Official Records.
11. The terms, provisions and conditions contained in a document entitled "Reciprocal Easement
Agreement', executed by and between NRI-CCP I, LLC, a Delaware limited liability company, and
NRI-LQLP Golf properties, LLC, a Delaware limited liability company, recorded June 29, 2001 as
Instrument No. 2001-298681 of Official Records.
12. The terms, covenants and conditions contained in an instrument entitled "Domestic Walser and/or
Sanitation System Installation Agreement' executed by and between Coachella Valley Water
District and NRI-CCP I, LLC, recorded May 15, 2002 as Instrument No. 2002-255078 of Official
Records.
13. An easement shown or dedicated on the Map as referred to in the legal description
For: public utility and incidental purposes.
FirstAmerican Title
Order Number: O-SA-1086458
Page Number: 4
14. An easement shown or dedicated on the Map as referred to in the legal description
For: drainage and/or utility purposes and access purposes, all shown
hereon for private use for the sole benefit of ourselves,
successors, assignees and lot owners within this tract and
incidental purposes.
15. An easement shown or dedicated on the Map as referred to in the legal description
For: sewer, water, utility lines and incidental purposes.
16. An easement shown or dedicated on the Map as referred to in the legal description
For: inspection, repair, replacement, excavation, laying, construction,
installation, maintenance, operation, removal of electrical lines,
wires, cables, ducts, supports, fixtures, facilities, appurtenances
with the right of ingress, egress over and within same
maintenance, operation and emergency vehicles and incidental
purposes.
17. The recital on the map of amended Tract No. 29894-2 which, among other things, states: 'The
Subdivider reserves the Right to Create Easements Burdening the Residential Lots Depicted on
this Map for the Exclusive Use of Owners of the Adjoining Lots for such purposes as the
Subdivider shall identify when Transferring the Easements."
18. The terms and provisions contained in the document entitled "Amended and Restated Easement
and Road Maintenance Agreement" recorded December 13, 2002 as Instrument No. 2002-
745937 of Official Records. executed by and between ND La Quinta Partners, LLC, a Delaware
limited liability company and the Hideaway Owners Association, a California nonprofit mutual
benefit corporation.
19. An easement for drainage, utility, landscape and incidental purposes in the document
recorded April 24, 2003 as Instrument No. 2003-290634 of Official Records.
20. For the purpose of processing a lot line adjustment using this preliminary report, it is the
responsibility of the engineer preparing the lot line adjustment to obtain the necessary deed or
deeds as well as all modifications to any deeds of trust encumbering the property.
INFORMATIONAL NOTES
Note: Wire Instructions for Sub -Escrow Deposits Are As Follows:
First American Trust Company Account #15030 ABA #122241255
114 East Fifth Street Account Name: First American Title Company
Santa Ana, CA 92701
Credit to First American Title Company
Order No: O-SA-1086458 Title Officer: David Noble
Disregard if First American is your Escrow Settlement Agent -
Contact Escrow Officer for Wire Instructions
FirstAmerican Title
Ordertr: O-SA-1086458
Page Number: 5
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
First American Title
Order r O-SA-1086458
Page Number: 6
LEGAL DESCRIPTION
Real property in the City of La Quinta, County of Riverside, State of California, described as
follows:
Lot 114 of Amended Tract No. 29894-2, as shown on a map filed in Book 327, pages 56 through
88 inclusive of maps, in the Office of the County Recorder of Riverside County, California.
APN: 772-470-014-8
First American Title
IN tHE vItFT Ot U OUING, COUNTY OE FIVEFSIa�O�AE, SSA» t�F or ULIfOFNIA SNIFF ) 0! 11 SH[[LS
AMENDED TRACT N0. 29894-2
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IIIIIW➢I� 1L. COI» NS I�II'tw1N�l A U F. S u�NC. � �Y 'd cC tt IT6 �rssGF lPi .
GRAPHIC SCALE A WE, cpvnwnt A •SS.I TES. 1 c. tICLIST, romp
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- NOTE:
— - ry vnmrs w r.omm anon rmm.o Imn.on.mn
First American T'itic iassarance Company -
THIS MAP IS FOR INFORMATION ONLY AND IS NOT A PART OF THIS TITLE EVIDENCE
® Orderor: O-SA-1086458
Page Number: 7
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub -escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
If you have any questions about the effect of this new law, please contact your local First American Office for
more details.
FirstAlmerican Title
Orderter: O-SA-1086458
Page Number: 8
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULEB
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land
or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
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 the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this polip.r,
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for
the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is
situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating
the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of
any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insurecl claimant; (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the
date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or
First American Title
Order er: O-SA-1086458
Page Number: 9
created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Assodation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 2 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public
records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of
any violation of any such law ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured
claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the
insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory
lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or
completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the
indebtedness to comply with applicable "doing business" laws of the state in which the land is situated.
S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions
set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4_ Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
FirstAmencan Title
Order er: O-SA-1086458
Page Number: 10
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy;
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured
mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street
improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is
situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of
the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date
of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy
the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 6 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said
land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
S. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
First American Title
Order er: O-SA-1086458
Page Number: 11
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this poligg
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction Creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 8 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL
TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
* land use - land division
* improvements on the land * environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks.
First American Title
Order er: O-SA-1086458
Page Number: 12
2. The right to take the land by condemning it, unless:
* a notice of exercising the right appears in the public records on the Policy Date
* the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
* that are created, allowed, or agreed to by you
* that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
* that result in no loss to you
* that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
* to any land outside the area specifically described and referred to in Item 3 of Schedule A, or
* in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to
Deductible Amounts and Maximum Dollar Limits of Liability
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and
regulations concerning:
a. building b. zoning
c. land use d. improvements on the land
e. land division 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 of Your 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. a notice of exercising the right appears in the Public Records at 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, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c, that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in 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 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 11 or 18.
12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POLICY(10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
First American Title
Aft
Order er: O-SA-1086458
Page Number: 13
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 separatioq in ownership or a change in the dimensions or area of the Land
or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion
does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date
of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 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 to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18,
19, 20, 21, 22, 23, 24, 25 and 26); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. 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.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or It in lending law.
6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This
exclusion does not limit the coverage provided under Covered Risks 7, 8 (e) and 26.
7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modificaticns 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 does not limit the coverage provided in Covered Risk 8.
8. 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 title, 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 rate 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 in Covered Risk 8.
9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy 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 Date of Policy.
SCHEDULEB
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:
The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated
into this Policy following item 28 of Covered Risks: NONE.
13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POLICY(10/13/01)
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan 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, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
FirstAmencan Title
Order or: O-SA-1086458
Page Number: 14
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. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated
into this Policy following item 28 of Covered Risks: None.
First American rtle
Order N:
Page Num er:
O-SA-1086468
\Hf, kJ
41 /
First American Title
2 First American Way
Santa Ana, CA 92707
Jenny McIntire
Sedona Homes
49950 Jefferson Street, Suite 130-134
Indio, CA 92201-8810
Phone: (760) 777-7522
Fax:
Customer Reference: 80-873 Via Savona LLA
Order Number: O-SA-1086468
Title Officer: David Noble (18)
Phone: (714) 800-4773
Fax No.: (714) 800-4965
E-Mail: dnoble@firstam.com
Buyer:
Property: 80-873 Via Savona
La Quinta, California
PRELIMINARY REPORT
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.
FirstAmerican Title
Order 0r. O-SA-1086468
Page Number: 2
Dated as of July 02, 2003 at 7:30 A.M.
The form of Polity of title insurance contemplated by this report is:
This report is for Lot Line Adjustment purposes only.
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Sedona Homes, Inc., a California corporation
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
2.
3.
General and special taxes and assessments for the fiscal year 2003-2004, a lien not yet due or
payable.
The lien of defaulted taxes for the fiscal year 2002-2003, and any subsequent delinquencies.
Tax Rate Area:
A. P. No.:
Amount to redeem:
Valid through:
Amount to redeem:
Valid through:
020-056
772-470-015-9
$893.23
July 31, 2003
$904.51
August 31, 2003
The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
Although the above supplemental taxes may be a lien, the installments thereof are not yet due or
payable.
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.
In favor of: the public.
For: 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
First American Title
Order er: O-SA-1086468
Page Number: 3
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.
5. Reservations contained in the patent from the United States of America, recorded July 31, 1905
in Book 3, page 228 of patents, which among other things recites as follows: "Subject to any
Vested and Accrued Water Rights for Mining, Agricultural, Manufacturing, or other Purposes and
Rights to Ditches and Reservoirs used in Connection with such Water Rights, as may be
Recognized and Acknowledged by The Local Customs, Laws and Decisions of the Courts, and the
Reservation From The Lands Hereby Granted, a Right of Way Thereon for Ditches, or Canals
Constructed by the Authority Of The United States."
Reservations contained in the patent from the United States of America, recorded april 1, 1912 in
Book 6, page 112 of patents, which among other things recites as follows: "Subject to any
Vested and Accrued Water Rights for Mining, Agricultural, Manufacturing, or other Purposes and
Rights to Ditches and Reservoirs used in Connection with Such Water Rights, as may be
Recognized and Acknowledged by the Local Customs, Laws and Decisions of the Courts, and the
Reservation From the Lands Hereby Granted, a Right of Way Thereon for Ditches, or Canals
Constructed By The Authority Of The United states."
7. The fact that said land lies within the Coachella Valley soil conservation district, as evidenced by
a resolution and order recorded December 13, 1956 in Book 2011, page 519 of Official Records
of Riverside County, California.
8. A document entitled "Land Conservation Contract" recorded February 28, 1977 as Instrument No.
32801 of Official Records.
9. The terms, provisions and conditions contained in a document entitled "Agreement', executed by
and between Coachella Valley Water District, a public agency, and NRI-CCP I, a Delaware limited
liability company, recorded December 28, 2000 as Instrument No. 2000-515110 of Official
Records.
10. The terms, provisions and conditions contained in a document entitled "Irrigation Water Service
Agreement', executed by and between Coachella Valley Water District, a public agency of the
State of California, and NRI-CCP I, a Delaware limited liability company, recorded June 29, 2001
as Instrument No. 2001-298678 of Official Records.
11. The terms, provisions and conditions contained in a document entitled 'Reciprocal Easement
Agreement', executed by and between NRI-CCP I, LLC, a Delaware limited liability company, and
NRI-LQLP Golf properties, LLC, a Delaware limited liability company, recorded June 29, 2001 as
Instrument No. 2001-298681 of Official Records.
12. The terms, covenants and conditions contained in an instrument entitled "Domestic Walser and/or
Sanitation System Installation Agreement' executed by and between Coachella Valley Water
District and NRI-CCP I, LLC, recorded May 15, 2002 as Instrument No. 2002-255078 of Official
Records.
13. An easement shown or dedicated on the Map as referred to in the legal description
For: public utility and incidental purposes.
First American Title
Order r: O-SA-1086468
Page Number: 4
14. An easement shown or dedicated on the Map as referred to in the legal description
For: drainage and/or utility purposes and access purposes, all shown
hereon for private use for the sole benefit of ourselves,
successors, assignees and lot owners within this tract and
incidental purposes.
15. An easement shown or dedicated on the Map as referred to in the legal description
For: sewer, water, utility lines and incidental purposes.
16. An easement shown or dedicated on the Map as referred to in the legal description
For: inspection, repair, replacement, excavation, laying, construction,
installation, maintenance, operation, removal of electrical lines,
wires, cables, ducts, supports, fixtures, facilities, appurtenances
with the right of ingress, egress over and within same
maintenance, operation and emergency vehicles and incidental
purposes.
17. The recital on the map of amended Tract No. 29894-2 which, among other things, states: 'The
Subdivider reserves the Right to Create Easements Burdening the Residential Lots Depicted on
this Map for the Exclusive Use of Owners of the Adjoining Lots for such purposes as the
Subdivider shall identify when Transferring the Easements."
18. The terms and provisions contained in the document entitled "Amended and Restated Easement
and Road Maintenance Agreement' recorded December 13, 2002 as Instrument No. 2002-
745937 of Official Records. executed by and between NO La Quinta Partners, LLC, a Delaware
limited liability company and the Hideaway Owners Association, a California nonprofit mutual
benefit corporation.
19. An easement for drainage, utility, landscape and incidental purposes in the document
recorded April 24, 2003 as Instrument No. 2003-290634 of Official Records.
20. For the purpose of processing a lot line adjustment using this preliminary report, it is the
responsibility of the engineer preparing the lot line adjustment to obtain the necessary deed or
deeds as well as all modifications to any deeds of trust encumbering the property.
INFORMATIONAL NOTES
Note: Wire Instructions for Sub -Escrow Deposits Are As Follows:
First American Trust Company Account #15030
114 East Fifth Street Account Name:
Santa Ana, CA 92701
Credit to First American Title Company
Order No: O-SA-1086468
ABA #122241255
First American Title Company
Title Officer: David Noble
Disregard if First American is your Escrow Settlement Agent -
Contact Escrow Officer for Wire Instructions
First American Title
® Order eer: O-SA-1086468
Page Number: 5
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
First American Title
Order No: O-SA-1086468
Page Number: 6
LEGAL DESCRIPTION
Real property in the City of La Quinta, County of Riverside, State of California, described as
follows:
Lot 115 of Amended Tract No. 29894-2, as shown on a map filed in Book 327, pages 56 through
88 inclusive of maps, in the Office of the County Recorder of Riverside County, California.
APN:772-470-015-9
First American Title
IN THE CITY 0! U QUINTA, COUNTY Of PIVERSIDE STATE OC CALIfORNIA
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THIS MAP IS FOR INFORMATION ONLY AND IS NOT A PAfTI OF THIS TITLE EVIDENCE
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Order er: O-sA-1086468
Page Number: 7
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub -escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
If you have any questions about the effect of this new law, please contact your local First American Office for
more details.
First American Title
® Order NAW O-SA-1086468
Page Number: 8
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land
or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
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 the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (in) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for
the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is
situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating
the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of
any violation of any such law, ordinance or governmental regulation.
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the
date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or
First American Title
® Order Or: O-SA-1086468
Page Number: 9
created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 2 above are used and the following exceptions to coverage appear in the policy. -
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
I. 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 fads, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public
records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of
any violation of any such law ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured
claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the
insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory
lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or
completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the
indebtedness to comply with applicable "doing business" laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions
set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
First American Title
Orderer: O-SA-1086468
Page Number: 10
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
I. (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; (n) the character, dimensions or location of
any improvement now or hereafter erected on the land; (in) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy;
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured
mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street
improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is
situated.
5. Invalidity or Unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of
the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date
of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy
the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordinaton; or
(in) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the. exclusions set forth
in paragraph 6 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said
land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
FirstAmencan Title
® Order Nr: O-SA-1086468
Page Number: 11
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(i)) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 8 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE 8
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:
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL
TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule 6, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
* land use * land division
* improvements on the land * environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks.
First American Title
® Order &: O-SA-1086468
Page Number: 12
2. The right to take the land by condemning it, unless:
* a notice of exercising the right appears in the public records on the Policy Date
* the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risk,:
* that are created, allowed, or agreed to by you
* that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
* that result in no loss to you
• that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
' to any land outside the area specifically described and referred to in Item 3 of Schedule A, or
* in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TIRE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to
Deductible Amounts and Maximum Dollar Limits of Liability
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and
regulations concerning:
a. building b. zoning
c. land use J. improvements on the land
e. land division 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 of Your 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 rightto take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at 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, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
C. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in 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 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 it or 18.
12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
First American Title
Orderer. O-SA-1086468
Page Number: 13
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location
of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land
or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion
does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date
of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 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 to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18,
19, 20, 21, 22, 23, 24, 25 and 26); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. 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.
S. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law.
6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This
exclusion does not limit the coverage provided under Covered Risks 7, 8 (e) and 26.
7. 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 does not limit the coverage provided in Covered Risk 8.
8. 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 title, the existence of which are Known to the Insured &
(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 rate 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 in Covered Risk 8.
9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy 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 Date of Policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated
into this Policy following item 28 of Covered Risks: NONE.
13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POLICY (10/13/01)
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan 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, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
First American Title
Order r: O-SA-1086468
Page Number: 14
5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to
water.
b. 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. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated
into this Policy following item 28 of Covered Risks: None.
FirstAmerican Title
? ,
® Order r.
Page Number:
O-SA-1086471
First American Title
2 First American Way
Santa Ana, CA 92707
Jenny McIntire
Sedona Homes
49950 Jefferson Street, Suite 130-134
Indio, CA 92201-8810
Phone:(760) 777-7522
Fax:
Customer Reference:
Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Property:
80-883 Via Savona LLA
O-SA-1086471
David Noble (18)
(714) 800-4773
(714)800-4965
dnoble@firstam.com
80-885 Via Savona
La Quinta, California
PRELIMINARY REPORT
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.
First American Title
Order 17i1NSer: 0-SA-1086471
Page Number: 2
Dated as of July 02, 2003 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
This report is for Lot Line Adjustment purposes only.
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Sedona Homes, Inc., a California corporation
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
rA
General and special taxes and assessments for the fiscal year 2003-2004, a lien not yet due or
payable.
The lien of defaulted taxes for the fiscal year 2002-2003, and any subsequent delinquencies.
Tax Rate Area: 020-056
A. P. No.:
Amount to redeem:
Valid through:
Amount to redeem:
Valid through:
772-470-016-0
$893.23
July 31, 2003
$904.51
August 31, 2003
3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
Although the above supplemental taxes may be a lien, the installments thereof are not yet due or
payable.
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.
In favor of: the public.
For: 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
FirstAmerican Title
Order er: O-SA-1086471
Page Number: 3
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.
5. Reservations contained in the patent from the United States of America, recorded July 3'1, 1905
in Book 3, page 228 of patents, which among other things recites as follows: "Subject to any
Vested and Accrued Water Rights for Mining, Agricultural, Manufacturing, or other Purposes and
Rights to Ditches and Reservoirs used in Connection with such Water Rights, as may be
Recognized and Acknowledged by The Local Customs, Laws and Decisions of the Courts, and the
Reservation From The Lands Hereby Granted, a Right of Way Thereon for Ditches, or Canals
Constructed by the Authority Of The United States."
Reservations contained in the patent from the United States of America, recorded april 1, 1912 in
Book 6, page 112 of patents, which among other things recites as follows: "Subject to any
Vested and Accrued Water Rights for Mining, Agricultural, Manufacturing, or other Purposes and
Rights to Ditches and Reservoirs used in Connection with Such Water Rights, as may be.
Recognized and Acknowledged by the Local Customs, Laws and Decisions of the Courts, and the
Reservation From the Lands Hereby Granted, a Right of Way Thereon for Ditches, or Cainals
Constructed By The Authority Of The United states."
7. The fact that said land lies within the Coachella Valley soil conservation district, as evidenced by
a resolution and order recorded December 13, 1956 in Book 2011, page 519 of Official Records
of Riverside County, California.
8. A document entitled "Land Conservation Contract" recorded February 28, 1977 as Instrument No.
32801 of Official Records.
9. The terms, provisions and conditions contained in a document entitled "Agreement', executed by
and between Coachella Valley Water District, a public agency, and NRI-CCP I, a Delaware limited
liability company, recorded December 28, 2000 as Instrument No. 2000-515110 of Official
Records.
10. The terms, provisions and conditions contained in a document entitled "Irrigation Water Service
Agreement', executed by and between Coachella Valley Water District, a public agency of the
State of California, and NRI-CCP I, a Delaware limited liability company, recorded June 29, 2001
as Instrument No. 2001-298678 of Official Records.
It. The terms, provisions and conditions contained in a document entitled 'Reciprocal Easement
Agreement', executed by and between NRI-CCP I, LLC, a Delaware limited liability company, and
NRI-LQLP Golf properties, LLC, a Delaware limited liability company, recorded June 29, 2001 as
Instrument No. 2001-298681 of Official Records.
12. The terms, covenants and conditions contained in an instrument entitled "Domestic Water and/or
Sanitation System Installation Agreement' executed by and between Coachella Valley Water
District and NRI-CCP I, LLC, recorded May 15, 2002 as Instrument No. 2002-255078 of Official
Records.
13. An easement shown or dedicated on the Map as referred to in the legal description
For: public utility and incidental purposes.
First American Title
® Order'''er: O-SA-1086471
Page Number: 4
14. An easement shown or dedicated on the Map as referred to in the legal description
For: drainage and/or utility purposes and access purposes, all shown
hereon for private use for the sole benefit of ourselves,
successors, assignees and lot owners within this tract and
incidental purposes.
15
16.
An easement shown or dedicated on the Map as referred to in the legal description
For: sewer, water, utility lines and incidental purposes.
An easement shown or dedicated on the Map as referred to in the legal description
For: inspection, repair, replacement, excavation, laying, construction,
installation, maintenance, operation, removal of electrical lines,
wires, cables, ducts, supports, fixtures, facilities, appurtenances
with the right of ingress, egress over and within same
maintenance, operation and emergency vehicles and incidental
purposes.
17. The recital on the map of amended Tract No. 29894-2 which, among other things, states: "The
Subdivider reserves the Right to Create Easements Burdening the Residential Lots Depicted on
this Map for the Exclusive Use of Owners of the Adjoining Lots for such purposes as the.
Subdivider shall identify when Transferring the Easements."
18. The terms and provisions contained in the document entitled "Amended and Restated Easement
and Road Maintenance Agreement" recorded December 13, 2002 as Instrument No. 2002-
745937 of Official Records. executed by and between ND La Quinta Partners, LLC, a Delaware
limited liability company and the Hideaway Owners Association, a California nonprofit mutual
benefit corporation.
19. An easement for drainage, utility, landscape and incidental purposes in the document
recorded April 24, 2003 as Instrument No. 2003-290634 of Official Records.
20. For the purpose of processing a lot line adjustment using this preliminary report, it is the
responsibility of the engineer preparing the lot line adjustment to obtain the necessary deed or
deeds as well as all modifications to any deeds of trust encumbering the property.
INFORMATIONAL NOTES
Note: Wire Instructions for Sub -Escrow Deposits Are As Follows:
First American Trust Company Account #15030
114 East Fifth Street Account Name:
Santa Ana, CA 92701
Credit to First American Title Company
Order No: O-SA-1086471
ABA #12224125S
First American Title Company
Title Officer: David Noble
Disregard if First American is your Escrow Settlement Agent -
Contact Escrow Officer for Wire Instructions
First American Title
Orderer: O-SA-1086471
Page Number: S
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
First American Title
Order Mer: O-SA-1086471
Page Number: 6
LEGAL DESCRIPTION
Real property in the City of La Quinta, County of Riverside, State of California, described as
follows:
Lot 116 of Amended Tract No. 29894-2, as shown on a map filed in Book 327, pages 56 through
88 inclusive of maps, in the Office of the County Recorder of Riverside County, California.
APN: 772-470-016-0
First American Title
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THIS MAP IS FOR INFORMATION ONLY AND IS NOT A PART OFTHIS TITLE EVIOENOE
Orderer: O-SA-1086471
Page Number: 7
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub -escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
If you have any questions about the effect of this new law, please contact your local First American Office for
more details.
First American Title
® Order er: O-SA-1086471
Page Number: 8
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land
or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
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 the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
I. (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; (ii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for
the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with applicable "doing business' laws of the state in which the land is
situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating
the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of
any violation of any such law, ordinance or governmental regulation.
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy,
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the
date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or
FirstAmencan Title
—" Orderer: O-SA-1086471
Page Number: 9
created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 2 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public
records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of
any violation of any such law ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured
claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the
insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory
lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or
completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the
indebtedness to comply with applicable "doing business" laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions
set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULEB
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
FirstAmerican Title
Orderer. O-SA-1086471
Page Number: 10
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (b) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy;
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured
mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street
improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is
situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of
the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date
of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy
the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 6 above are used and the following exceptions to coverage appear in the policy.
SCHEDULEB
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said
land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
First American Title
Order er: O-SA-1086471
Page Number: it
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (i) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph B above are used and the following exceptions to coverage appear in the policy.
SCHEDULEB
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:
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL
TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
* land use - land division
* improvements on the land ' environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Tide Risks.
First American Title
Orderer. O-SA-1086471
Page Number: 12
2. The right to take the land by condemning it, unless:
' a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
* that are created, allowed, or agreed to by you
* that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
* that result in no loss to you
* that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
* to any land outside the area specifically described and referred to in Item 3 of Schedule A, or
x in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
Covered Risks 14 (Subdivision Lain Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to
Deductible Amounts and Maximum Dollar Limits of Liability
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and
regulations concerning:
a. building b. zoning
c. land use
e. land division
d. improvements on the land
I. 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 of Your 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. a notice of exercising the right appears in the Public Records at 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, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in 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 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 11 or 18.
12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
First American Title
Order er: O-SA-1086471
Page Number: 13
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; (it) 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
OF any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion
does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date
of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 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 to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18,
19, 20, 21, 22, 23, 24, 25 and 26); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. 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.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law.
6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This
exclusion does not limit the coverage provided under Covered Risks 7, 8 (e) and 26.
7. 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 does not limit the coverage provided in Covered Risk 8.
8. 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 title, 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 rate 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 in Covered Risk 8.
9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy 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 Date of 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:
The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated
into this Policy following item 28 of Covered Risks: NONE.
13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POLICY(10/13/01)
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan 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, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
First American Title
Order er: O-SA-1086471
Page Number: 14
5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to
water.
b. 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:
I. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated
into this Policy following item 28 of Covered Risks: None.
FirstAmerican Title
P.O. Box 1504
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92253
August 19, 2003
Mr. Brad McGee
McGee Surveying, Inc.
79-301 Country Club Drive, Suite 102
Bermuda Dunes, Ca 92201
Ref: Lot Line Adjustment Application 2003-404 (The Hideaway)
Dear Brad:
(760) 7 7 7 - 7 0 0 0
FAX (760) 777-7101
The Community Development Department has reviewed your Lot Line
Application referenced above which was submitted on August 11, 2003, and
has determined that it is incomplete. In addition to the information
submitted, we are requesting that you submit acceptable legal descriptions of
each existing parcel, plat maps for the parcels in question showing the
existing and proposed lot lines, Original, unrecorded Grant Deeds for each
new parcel, and a title report for parcel 772-470-014 (Title Reports were
submitted for the other two parcels). As soon as we receive this additional
material requested we will continue to process your application.
Should you have any questions or need additional information, please feel
free to call me at your convenience at (760) 777-7068.
Sincerely,
JERRY HERMAN
COMMUNITY DEVELOPMENT DIRECTOR
U"� MARTIN MAGA A
Associate Planner
c: Chron file