LLA 2004-423City of La Quinta
Communit+eveloprnent Department
1 78-495 Calle Tampico
La Quinta, California. 92253
(760) 777-7125 FAX
APPLICATION F� LOT
(760) 777-1233
OFFIC h Uat UI9LY
Related Apps:
LINE ADJUSTMENT APPROVAL
LOT LINE ADJUSTMENT applications are reviewed and approved by the Community Development Director
pursuant to Chapter 13.32 of the Subdivision Regulations. The purpose of the review is to allow reconfiguration of
two or more adjoining lots into sizes or shapes appropriate for desired uses and in compliance with Municipal Code
requirements. , , * , . , . , . • ; . . ; ; : • . ' : ° : e
APPLICANT Thomas Enterprises
(Print)
MAILING ADDRESS 3604 Carleton Street PhoneNo.619-300-0484
CITY, STATE, ZIP
Can Diego, CA. 92105 Fax No. 619-222-9607
PROPERTY OWNERS
*Owner "A"Name: Fourth Quarter Properties XLIII,
Address: 3604 Carleton Street
San Diego, CA 92106
(City) (State) (Zip)
'Owner `B" Name: Same as Owner "A"
Address:
(City)
'Owner "C" Name: N/A
Address:
(City)
'Attach sheet for additional owners
PROPERTY DATA
Property A:
Property B
Property C:
(State) (LIP)
(State) (Zip)
Assessor's Parcel Number:
Street Address (if any): _
Assessor's Parcel Number: 649-820-01-1, 1
Street Address (if any): -
LLC
Phone: 619-300-04f4
Phone:
Phone:
649-820-010
Assessor's Parcel Number: N/A
Street Address (if any):
DESCRIPTION OF ADJUSTMENT REQUESTED: To adjust the lotline between
parcels 10 and 11 of parcel map no. 29351 on file in book
197, pages 33 through 36 of 2arcel maps.
A161LA 1-7/16/97 Appvd 1/6/98 cdi
12,622/2003 17 12 FAX T607771233 LA 0U1NIA UUMM ULV.
GRANT DEED
IQ Qui/UUl
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Owner B
hereby GRANTS to
Owner A
the real property in the City of La Quinta
County of Riverside State of California, described as
(Property Description)
that portion of land in Lot B which is overlaid by the reconfigured shape of Lot A pursuant to LLA
approved by the City of La Quints, The reconfigured lots are described in Exhibits A and 8 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.
D 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'/2" x I I") of the new parcels, respectively (see attached sample Exhibits A and B).
D If structures or other improvements exist on the affected parcel(s), provide separate plot plan showing dimensioned
location in relation to new property lines.
D Filing fee for Lot Line Adjustment. If filing multiple applications, the most expensive application will be charged full
fee, with remaining related applications discounted 50% for each. If the nunber of lots adjusted exceeds two, then a
Public Works Department plan check fee of $50.00 per lot (Over two lots) shall be paid in addition to Lot Line
Adjustment fee.
1S04000<040ri0Ai000 o 000-A 0� i.00re ✓OGe.*4.0000040 0A 4.
SIGNATURE OF APPLICANT DATE 9 �o
NAME OF APPLICANT o ry 4 f
(Print)
SIGNATURE OF PROPERTY OWNER "A"
IF NOT SAME AS APPLICANT: DATE
NAME OF OWNER DATE
(Print)
SIGNATURE OF PROPERTY OWNER "B"
IF NOT SAME AS APPLICANT: DATE
NAME OF OWNER DATE
(Print)
SIGNATURE OF PROPERTY OWNER
IF NOT SAME AS APPLICANT:
NAME OF OWNER
(Print)
"C„
DATE
DATE
(Separate written authority by owner to submit application may be provided)
I hereby certify that all information contained in this application, including all plans and materials required by the City's
application submission requirements, is, to the best of my knowledge, true and correct. FALSE OR 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 1.7116/97 Appvd 2/2000 edi
'R!AS N FOR REQUEST:
APPLICABILITY
The following criteria must be met to approve a lot: line adjustment:
❑ The adjustment shall not create a greater number of parcels than originally existed.
❑ 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 RFOUIREMENTS'
❑ 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 ("4-_ as
approved by the City of La Quinta. All property subject to this lot line adjustment is owned by a single
entity, hence ownership conveyance: is a nonessential secondary function of this deed. The primary
function of the deed is to provide constructive notice of the revised lot configurations pursuant to
Government Code Section 66512 (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 La Quinta,
County of Riverside State of California, described as
(Property Description)
that portion of land in Lot A which is overlaid by the reconfigured shape of Lot B pursuant to LLA =
approved by the City of La Quinta. The reconfigured lots are described in Exhibits A and B attached hereto and
made a part hereof.
A161LA 1-7/16/97 Appvd 1/6/98 cdi
CITY OF LA QUINTA
++4 CUSTOMER RECEIPT**
Date: Ia12/04 01 Receipt no: 4739
Description Quantit99 Aoount
s3 rt LOT LINE ADJU50TMIS
1.00
$300.00
Trans number: E1515
FOURTH QUARTER PROP
Tender detail
CMS CHECK 121061 $300.00
Total tendered 1300.00
Total payment $300.00
Trans date: 11i1EiO4 Time; 14:10:E1
THANn YOU FOR YOUR PAYMENT
pAYMENTS RECEIVED AFTER 3 P.M. WILL
DE='USTEG TO THE NEXT DA'i'S ACTIVIT`i
n
Name
Acct No
Invoi--
Date
9/30/2004
P.O. Num
Reference
CHIC FIL A
Amount
Discount
Net
T47
CORP - SIMPSON T
1420-5011
0. .J4
300.00
0.00
300.00
Payor: FOURTH QUARTER PROPERTIES XII, LLC Date Check No. Check Amount
Payee: CITY OF La QUINTA 10/11/2004 121081 300.00
Retain this statement for your records
aw �
s s
�Of
city u./ l,u lZutnru
Commun Development Department
78-495 Calle Tampico
La Quinta, California 92253`.
(760) 777-7125 FAX: (760) 777-1233
OFFICE USE ONLY
Case: No:LLIA
D ; A:ecvd. I
APPLICATION FOR LOT LINE ADJUSTMENT APPROVAL
LOT LINE ADJUSTMENT applications are reviewed and approved by the Community Development Director
pursuant to Chapter 1332 of the Subdivision Regulations. The purpose of the review is to allow reconfiguration of
two or more adjoining lots into sizes or shapes appropriate for desired uses and in compliance with Municipal Code
requirements.
APPLICANT Thomas Enterprises _
(Print)
MAILING ADDRESS 3604 Carleton Street Phone No.619-300-0484
CITY, STATE, ZIP San Diego, C:4 92106 Fax No. 619-222-9607
PROPERTY OWNERS
*Owner "A" Name: Fourth Quarter Properties XLIII,
Address: 3604 Carleton Street
San Diego, CA 92106
(City)
(State) (Zip)
*Owner `B" Name: Same as Owner "A"
Address:
(City) .
*Owner "C" Name: N/A
Address:
(State) (Zip)
(City) (State) (Zip)
*Attach sheet for additional owners
PROPERTY DATA
Property A: Assessor's Parcel Number: 649-820-01 0
Street Address (if any): -
Property B: Assessor's Parcel Number: 649-820-011
Street Address (if any): -
Property C: Assessor's Parcel Number: N/A
Street Address (if any):
LLC
Phone: 61 9-300-04 84
Phone:
DESCRIPTION OF ADJUSTMENT REQUESTED: To adjust the lotline between
parcels 10 and 11 of parcel map no. 29351 on file in book
197, pages 33 through 36 of parcel maps.
A161LA 1-7/16/97 Appvd 1/6/93 cdi
Z)LL/Lvva II IL Fn^ IVJI II rLJJ fir, — ✓ter. y -.,...
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
Owner 8
hereby GRANTS to
Owner A
the real property in the City of La Quinta
County of Riverside State of California, described as
(Property Description)
that portion of land in Lot 8 which is overlaid by the reconfigured shape of Lot A pursuant to ILLA
approved by the City of La Quints. The reconfigured lots are described in Exhibits A and 8 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'/2" x I 1") of the new parcels, respectively (see attached sample Exhibits A and B).
O If structures or other improvements exist on the affected parcel(s), provide separate plot plan showing dimensioned
location in relation to new property lines.
❑ Filing fee for Lot Line Adjustment. If filing multiple applications, the most expensive application will be charged full
fee, with remaining related applications discounted 50% for each. If the nunber of lots adjusted exceeds two, then a
Public Works Department plan check fee of $50.00 per lot (over two lots) shall be paid in addition to Lot Line
Adjustment fee.
Y+i44.41fi6•*YES+r++J4++44'#'4vgi+tte0 '07v0eo0. YOG+i4d +itr++4 SSt.+>+i+iv
SIGNATURE OF APPLICANT
NAME OF APPLICANT
SIGNATURE OF PROPERTY OWNER "A"
IF NOT SAME AS APPLICANT:
NAME OF OWNER
(Print)
SIGNATURE OF PROPERTY OWNER "B"
IF NOT SAME AS APPLICANT:
NAMEOFOWN£R
(Print)
SIGNATURE OF PROPERTY OWNER "C"
IF NOT SAME AS APPLICANT:
NAME OF OWNER
(Print)
DATE_' �o /
DATE
DATE
_ DATE
DATE _
DATE
DATE
(separate written authorityby owner to submit application may be provided)
I hereby certify that all information contained in this application, including all plans and materials required by the City's
application submission requirements, is, to the best of my knowledge, true and correct. FALSE OR MISLEADING
INFORMATION GIVEN IN THIS APPLICATION SHALL BE GROUNDS FOR DENYING APPLI'C.ATION. I hereby
grant the City authority to enter onto the propertyto conduct site inspections and to post required public notices.
A16:LLA 1.7116/97 Appvd 2/2000 edi
REASON FOR REQUEST:
APPLICARUM
The following criteria must be met to approve a lot line adjustment:
❑ The adjustment shall not create a greater number of parcels than originally existed.
❑ 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
�r I provision onof the City Codes. .
ON RFOUIREMENTS:
❑ 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 66512 (di, and to perfect the intent of the Lot Line AdjustmentCA--_ as
approved.
❑ State on Grant Deed when affected parcels are under multiple ownership:
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Owner A
hereby GRANTS to
Owner B
the real property in the City of La Quinta
County of Riverside State of California, described as
(Property Description)
that portion of land in Lot A which is overlaid by the reconfigured shape of Lot B pursuant to LLA
approved by the City of La Quinta. The reconfigured lots are described in Exhibits A and B attached hereto and
made a part hereof.
A16:LLA
1-7/16/97 Appvd 1/6/98 cdi
City ®f La Quonfa
CE`y OF Tifi''�
Engineering Plan Check Application and Fee
Lot Line Adjustment
Project:
Development Identification Number:
Map/Plans Submitted for Checking
Surveyor's Checking Fee
CITY ACCOUNT INFORMATION 1
101-000-443-318 J
Oa- at : 11/1-1 0cl
Fee
$50 x r Lots
Total Fee: $ _ / 9) `_
APPLICANT INFORMATION
PERSON WHO IS RESPONSIBLE FOR PLAN CHECK ADMINISTRATIVE DUTIES.
ENGINEERMG FlRM/PERSON RESPONSIBLE FOR PREPARING I'LA.NSMIAPS:
NAME
NAME
NAMEOFFIRM
NAME OF FIRM
ADDRESS
ADDRESS
CRY STATE
ZIP
CITY
STATE OF
TELEPHONE
FAX -
TELEPHONE
FAX
EMAIL
EMAIL
CITY STAFF DATE
78-495 Calle Tampico - P.O. Box 1504 • La Quinta, CA 92253 • (760) 777-7075 - (Fax) 777-7155
\\CI A ADMFS I\PI MR K.IPWDEPTDOCSTORM S\FW7-H DOC
Letter of Transmittal The Keith Companies MC
A,
Date: November 12, 2004 Job No.: 40571.06-250
To: Planning Department Project: The Pavilions
City of La Quinta
CC: File
Re: LLA for Tract Map No. 29351
We are sending you attached via Delivery as checked below:
❑ For approval ❑ For your use ❑ As requested R1 For review & comment
❑ Other:
Items transmitted:
Copies
Doc Date
Pages
Description
2
11/
11
LLA Application & Grant Deeds
1
9/29/04
Closures & PTR
1
I
Check in. the amount of $300.00
Remarks:
If you have any questions or require any additional information, please do not hesitate to contact me.
Signed:
Angela Do f, PLS
Project & Mapping Manager
760-346-9844 (t), 760-346-9368 (f)
Email: angela.dorf@keithco.com
73-733 Fred Wanng Dr.
Suite 100
Palm Desed
Califomia 92260
t 760.346.9844
mm.keithoomm
0:1CFP2000140571061docsltmnsm#104-11-12 LLA to City doc
nt
Name
Acct No
envoi
Date
P.O. Num ::
Reference
Amount
Discount
Net
T47
CORP - SIMPSON T
1420-5011
4
9/30/2004
',HIC FIL A 41
300.00
0.00
300.00
Payor: FOURTH QUARTER PROPERTIES XII, LLC Date Check No. Check Amount
Payee: CITY OF La QUINTA 10/11/2004 121081 _ 300.00
Retain this statement for your r.cards
1111112106Li's 1:06L0002561: 60 836 73711'
Page 1 of 1
a
Stan Sawa
From: Angela Dort [Angela.Dorf@KEITHCO.COM]
Sent: Thursday, December 23, 2004 11:08 AM
To: Stan Sawa
Subject: RE: LLA 2004-423 Thomas Enterprises
Thank you Stan. Have a great holiday. See you next year.
Angela
-----Original Message -----
From: Stan Sawa [mailto:ssawa@la-quinta.orgj
Sent: Thursday, December 23, 2004 11:02 AM
To: Angela Dorf
Subject: LLA 2004-423 Thomas Enterprises
Angela,
On Dec 21, 1 sent you an approval letter for this LLA. I jumped the gun. Brian just gave me corrections that are needed
for this LLA. Please accept this as a retraction of the approval. I will fax the comments to you today. May the corrections
and I will approve the new exhibits when submitted to me. I apologize for any inconvenience this may cause. I will be
gone next week but will be able to approve when I get back. Stan.
tlyviv.
1/5/2005
FAX TRANSMITTAL
9 s City of La Quinta
«�w Community Development Department-
cE�oFn9� 78-495 Calle Tampico
La Quinta, California 92253
Phone: 760-777-7125
Fax : 760-777-1233
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TO: cwazLox
FROM:�IM,WUl�
DATE:
FAX NO. S46 — l'1 �
FAX NO. (760)777-1233
Page 1 of
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....................................................
S- MAL
LO
`AHL A (i�J�
If you did not receive all pages of this document, please call (760) 777-�__.
MAILING ADDRESS: P O BOX 1504, LA QUINTA, CALIFORNIA 92253
PAFax. wpd
LA -A 04
RECORDING REQUESTED BY:
vwM RECORDW MAIL DOCUMENT AND
TAX STATEMENT TO:
I\20
The undersigned grantor(s) declare(s)
GRAINY DEER<C�a�pY ntL lahkOamvam,9 ASR
Documentary transfer tax its S City tax S
{ } computed on full value of property conveyed, or
{ } computed on full value less value of liens or encumbrances remaining at time of sale. or
{ } Unincorporated Area City of
FORA VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The undersigned grantor
hereby GRANT(S) to Fourth Quarter Properties XLM, LLC, a Georgia limited Nab fitr-
company
the following described real property in the City of
County of RIVERSIDE State of California:
SEE EXHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEHEOF BY REFERENCE.
NOTE: This grant deed implements the revised lot configurations pennant to Lot Line Adjustment 04- as approved by the City of La
Quiata. All property subject to this lot line adjustment is owned by a single entity, hence otvuership convevance is it nonossential
secoodnry function of this deed. The primary function of the deed is to provide constructive notice of the revised lot configurations
pursuant to Government Code Section 66512(d), and to perfect the intent of the Lot Line Adjustment 04-_ as approved
GRANTOR:
FOURTH QUARTER FROPERTIES XLIII, LL C, a
Georgia limited liability company
BY'': �.`,eT�K--- (SEAL)
STANLEY E. THOMAS, MANAGER
�r
{00045917:w)
DATED:
STATE OF
COUNTY OF
ON before me—
personallyappeared
Personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name(s) is/axe subscribed to the
within instrument and acknowledged to me that he/shelthey executed
the same in his/ber/their authorized capacity(ies), and that by
hislherAhea signature(s) on the instrument theperson(s)„ or the entity
upon behalf of which the persons) acted, executed the Instrument.
Witness my hand and official seal, ��`l�,4\, •.E04"0A.
;•
Signature • %%07 . W
'MATT. TAX STATEMENT AS DIRECTED ABOVE �F �s•.
a fi . /2T1� p• s.
`f0 OUNTY 0 AVIN
"tt11111101,
(00045917m)
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-XXX
LEGAL DESCRIPTION
EXISTING PARCEL "A"
PARCEL 10 OF PARCEL MAP NO. 29351 AS SHOWN IN PARCEL MAP BOOK 197,
PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF
CALIFORNIA.
Page 1 of 5
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-XXX
LEGAL DESCRIPTION
ADJUSTED PARCEL "A"
A PORTION OF PARCEL 10 OF PARCEL MAP NO. 29351 AS SHOWN IN BOOK 197 OF
PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE
COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF PARCEL 12 OF SAID
PARCEL MAP NO. 29351, ALSO BEING A POINT ON THE NORTHERLY RIGHT OF WAY
OF STATE HIGHWAY I I I AS SHOWN ON SAID PARCEL MAP NO. 29351;
THENCE NORTH 820IT08" WEST"230.93,FEET TO THE POINT OF BEGINNING;
THENCE NORTH 18048'54" EAST `i7.34 FEET,�
THENCE NORTH 10020' 10" EAST 92.65 FEET;
THENCE NORTH 82017'08" WEST 298.15 FEET;
THENCE SOUTH 09047'29" WEST 147.32 FEET TO SAID NORTHERLY RIGHT OF WAY
OF STATE HIGHWAY 111, BEING A POINT ON A NON -TANGENT CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 2430.00 FEET, A LINE RADIAL TO SAID
CURVE AT SAID POINT BEARS NORTH 09047'29" EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
OF 88.08 FEET. THROUGH A CENTRAL ANGLE OF 02°04'37';
THENCE SOUTH 82°17'08" EAST 200.15 FEET TO THE POINT OF BEGINNING.
SAID DESCRIBED PARCEL "A" CONTAINS 1.01 ACRES, MORE OR LESS.
FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Prepared under the supervision of.
Date:
Dean 1. Palumbo, P.L.S. #6697
Expires 06/30/06
THE KEITH COMPANIES, INC.
73-733 Fred Waring Drive, Suite 100
Palm Desert, CA 92260
(760)346-9844
LAND
Pq�
No. 6697
Exp. 06/30/06
Page 2 of 5
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-XXX
LEGAL DESCRIPTION
EXISTING PARCEL "B"
PARCEL 11 OF PARCEL MAP NO. 29351 AS SHOWN IN PARCEL MAP BOOK 197.,
PAGES 33 THROUGH 36, INCLUSIVE, TOGETHER WITH PARCEL `B" OF LLA 96-230
RECORDED DECEMBER 20, 1996 AS INSTRUMENT NO.479502, OFFICIAL RECORDS
OF RIVERSIDE COUNTY, STATE OF CALIFORNIA.
Page 3 of 5
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-XXX
r LEGAL DESCRIPTION
ADJUSTED PARCEL "B"
PARCEL 11 AND THAT PORTION OF PARCEL 10 OF PARCEL MAP NO. 29351 AS
SHOWN IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE,
TOGETHER WITH PARCEL `B" OF LLA 96-230 RECORDED DECEMBER 20, 1996 AS
INSTRUMENT NO. 479502, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE', OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 12 AS SHOWN ON
SAID PARCEL MAP NO. 29351, ALSO BEING A POINT ON THE NORTHERLY RIGHT OF
WAY OF STATE HIGHWAY I I I AS SHOWN ON SAID PARCEL MAP NO. 29351:
THENCE NORTH 00014' 17" EAST 1.41.05 FEET ALONG THE EASTERLY LINE OF SAID
PARCEL 10 TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 11, BEING THE
BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A
RADIUS OF 200.00 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS
SOUTH 0101 T I7" EAST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 71.51
FEET, THROUGH A CENTRAL ANGLE OF 20°29'07" TO THE BEGINNING OF A
REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 200.00 FEET,
A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 19'11150" EAST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 49.39
FEET. THROUGH A CENTRAL ANGLE OF 14008'52";
THENCE NORTH 8405T02" WEST 192.83 FEET TO THE WESTERLY LINE OF THAT
CERTAIN PARCEL OF LAND CONVEYED TO THE CITY OF LA QUINTA BY
DOCUMENT RECORDED JULY 8, 2003 AS INSTRUMENT NO. 2003-507394, OFFICIAL
RECORDS OF SAID COUNTY;
THENCE ALONG SAID WESTERLY LINE NORTH 00013'25" WEST 40.01 FEET TO THE
NORTHWESTERLY CORNER OF SAID INSTRUMENT NO. 2003-507394;
THENCE SOUTH 82013754" EAST 6..60 FEET ALONG THE NORTHERLY LINE OF SAID
INSTRUMENT NO. 2003-507394 TO THE EASTERLY LINE OF SAID PARCEL 11;
THENCE NORTH 00013'25" WEST 414.40 FEET ALONG SAID EASTERLY LINE TO THE
NORTHEASTERLY CORNER OF SAID PARCEL 11;
THENCE SOUTH 89043'58" WEST 313.55 FEET ALONG THE NORTHERLY LINE: OF
SAID PARCEL 11 TO THE NORTHEASTERLY CORNER OF SAID PARCEL 10;
THENCE NORTH 73002'01" WEST 78.41 FEET ALONG THE NORTHERLY LINE OF SAID
PARCEL 10;
THENCE SOUTH 89043'24" WEST 548.44 FEET ALONG SAID NORTHERLY LINE, TO
THE NORTHWESTERLY CORNET: OF SAID PARCEL 10,
Page 4 of 5
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-XXX
LEGAL DESCRIPTION
THENCE NORTH 00004'58" EAST 276.73 FEET TO A POINT ON THE SOUTHERLY
RIGHT OF WAY OF CORPORATE CENTRE DRIVE AS SHOWN ON SAID PARCEL MAP
NO. 29351;
THENCE SOUTH 89043'24" WEST 311.70 FEET ALONG SAID SOUTHERLY RIGHT OF
WAY;
THENCE SOUTH 44043'24" WEST 49.50 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY OF ADAMS STREET AS (SHOWN ON SAID PARCEL MAP NO. 29351;
THENCE SOUTH 00016'36" EAST 597.14 FEET ALONG SAID EASTERLY RIGHTOF
WAY:
THENCE SOUTH 35033'47"EAST 57.14 FEET TO THE BEGINNING OF A NON -TANGENT
CURVE CONCAVE NORTHERLY .AND HAVING A RADIUS OF 2430.06;BEING A POINT
ON THE NORTHERLY RIGHT OF WAY OF SAID HIGHWAY 111, A LINE RADIAL, TO
SAID CURVE AT SAID POINT BEARS NORTH 18'44' 16" EAST;
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
FEET, THROUGH A CENTRAL ANGLE OF 08056'48", A LINE RADIAL TO
VE AT SAID POINT BEARS SOUTH 09°47'29" WEST;
THENCE RADIAL TO SAID CURVE NORTH 09047'29" EAST 14732 FEET;
THENCE SOUTH 82017'08" EAST 298.15 FEET;
THENCE SOUTH 10020' 10" WEST 92.65 FEET:
THENCE SOUTH 18°48'54" WEST 57.34 FEET TO A POINT ON SAID NORTHERLY
RIGHT OF WAY OF STATE HIGHWAY 111:
THENCE ALONG SAID RIGHT-OF-WAY SOUTH 82017708" EAST 280.93 FEET TO THE
POINT OF BEGINNING.
SAID DESCRIBED PARCEL `B" CONTAINS 15.42 ACRES., MORE OR LESS.
FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Prepared under the supervision of:
Dean 1. Palumbo, P.L.S. #6697
Expires 06/30/06
THE KEITH COMPANIES, INC.
73-733 Fred Waring Drive, Suite 100
Palm Desert, CA 92260
(760)346-9844
No.
6697
Exp.
06/30/06
y
Page 5 of 5
"BM
SHEET 1 OF 1
PARCEL MAP NO. 29351
P.M.B. 197/33-36
CORPORATE CENTREDRIVE
N89.43741311.70'
1`144'4324"E W
49.50'
h
•ao
O N
2
CURVE, DATA
NO.
RADIUS
DELTA
ARC
Cl
200.00'
14'OB 52"
4.9.38'
C2
2430.00'
11.0124"
467.5 '
C3
24.30. 00'
08-56-48"
�:79.44'
C4
2430.00•
02.0437"
86.08,
WI
hI
PARCEL "B"
nr8s a32a"E
e
LLA 96-2JO
548.44'
~
"'�
bI
INST.NO.
N73o2ro1"w
78.41'
�n
o
479502 O.R.
PARCEI'_ "B"
oz
REC. 12120196
15.42 AC
PARCEL 10
.o
>�
N35.33'47"W
W N82'17,08"w ?98. 75' �"
L✓OJ'17.17"y,
r"
1.0! AC bry
Q a
ls" 2
Cq=N18'4$4
487, 8
— --
F//GHWAY > 99
N89'43 58"E
313.55 •
PARCEL I
y
h� N82'13'54'W
l 6.60�
PARCEL 12
NOTE THIS LOT LINE ADJUSTMENT DOESN'T
AFFECT OR SUPERCEDE ANY EXISTING
" O No. 6697 EASEMENTS ON THE PROPERTY
Exp. 06/30/06
�9.�a
t, OF CN0
NEW LOT LINE
EXISTING LOT LINE
TO REMAIN
EXISTING LOT LINE
TO BE DELETED SCALE: 1" = 200'
IAT LM ADJUSMW 04—IM
PREPARED UNDER THE
SUPERVISION OF' The Keith Companies wc
fhfw An"t EI Aum (OW) JIJ-Mff
DEAN J. PALUMBO, P.L.S. 6697 DATE TKC Lf 40571.06
Project: CHICK-FIL-A
Friday November 5, 2004
Description: LLA
' Number of Lots: 2
Report Created by: A. DORF
Northing
Easting
Direction
Distance
PARCEL "A"2
-------------------
Courses: 6
661177.9828
2011845.9465
N 09047128.75"
E
147.3215'
661323.1583
2011871.0001
S 82017108.10"
E
298.1515'
661283.1358
2012166.4532
S 10020109.94"
W
92.6493'
661191.9900
2012149.8298
S 18048154.43"
W
57.3416'
661137.7125
2C12131.3363
N 82017108.10"
W
200.1472'
661164.57941.011933.0005
Radius
Pt:
(663572.5866)
(2012259.1929)
Delta: 02004'36.85"
Radius: 2430.00,
Length: 88.0846'
Tangent: 44.0471,
N07°42152"E(R-IN)
S09047129"W(R-OUT)
661177.9828
2011845.9465
Perimeter: 883.69
Area: 43980.73
Sq. Ft.,
1.01 Acres
Error of Closure:
S 85018,18" W
0.004'
Error North:
-0.000
Error East: -0.004
Precision: 1
in
212735
Northing
Easting
Direction
Distance
-----------------------------------------------------------------
PARCEL W4
Courses: 21
661656.1747
2012725.5783
S 00013124.70"
E
414.3984'
661241.7795
2012727.1950
N 82013153.78"
W
6.5994'
Page 1 of 3
0:\CFP2000\4057106\drawings\survey\LLA\4057106.mck
661242.6715
2012720.6561
S 00013'24.70"
E
40.0063'
661202.6655
2012720.8122
N 84057'01.78"
W
192.8290'
661219.6376
2012528.7316
Radius
Pt:
(661418.8615)
(2012546.3349)
Delta:
14008'51.56"
Radius: 200.00'
Length:
49.3846'
Tangent: 24.8185'
NO5002158"E(R-IN)
S19011150"W(R-OUT)
661229.9829
2012480.5709
Radius
Pt:
(661041.1044)
(2012414.8070)
Delta:
20029106.62"
Radius: 200.00'
Length:
71.5067'
Tangent: 36.1392'
S19011150"W(R-IN)
NO1°17117"W(R-OUT)
661241.0539
2012410.3113
S 00014116.54"
W
141.0536'
661100.0015
2012409.7256
N 82017108.10"
W
280.9319'
661137.7125
2012131.3363
N 18048154.43"
E
57.3416'
661191.9900
2012149.8298
N 10020109.94"
E
92.6493'
661283.1358
2012166.4532
N 82017108.10"
W
298.1515'
661323.1583
2011871.0001
S 09047'28.75"
W
147.3215'
661177.9828
:2011845.9465
Radius
Pt:
(663572.5866)
(2012259.1929)
Delta:
08°56'47.56"
Radius: 2430.00'
Length:
379.4363'
Tangent: 190.1046'
N09047129"E(R-IN)
S18044116"W(R-OUT)
661271.3810
2011478.5824
N 35033146.97"
W
57.1392'
661317.8623
2011445.3503
N 00016135.72"
W
597.1432'
661914.9986
21311442.4677
N 44043124.28"
E
49.4975'
Page 2 of 3
O:\CFP2000\4057106\drawings\survey\LLA\4057106.Mck
661950.1672
2C11477.2983
N 89043'24.28"
E
311.6925'
661951.6716
2011788.9932
S 00004'58.10"
W
276.7254'
661674.9467
2011788.5933
N 89043'24.28"
E
548.4428'
661677.5942
2012337.0297
S 73002'00.67"
E
78.4123'
661654.7126
2012412.0291
N 89043'58.14"
E
313.5526'
661656.1747
2012725.5783
Perimeter:
4404.22
Area: 671792.19
Sq. Ft.,
15.42 Acres
Error of Closure:
S
64032112" W
0.007'
Error North:
-0.003
Error East:
-0.007
Precision:
1
in 591726
Page 3 of 3
0:\CFP2000\4057106\drawings\survey\LLA\4057106.mck
U
P.O. Bov 1504
LA QUiNIA, CALnFoaN]k 92247-1504
78-495 CAi.i.r. TAmpico
LA QUiNr.A, CAi.iroarei,I. 92253
December 21, 2004
J
(760) 77"000
FAX ('760) 777-7101
Ms. Angela Dorf /l
The Keith Companies
73-733 Fred Waring Drive, Suite 100
Palm Desert, CA 92260�
Subject: Lot Line Adjustment 2004-423 (Thomas Enterprises)
Dear Ms. Dorf; I
The Community Development Department has approved your request for a
lot line adjustment on Highway 111 in the Pavilion project. Enclosed is the
approved original Grant Deed and exhibits for this adjustment. All of the
original approved documents are to be recorded with the County Recorder
with a recorded copy given to us for our files. Until the recorded copy is
received, our Lot Line Adjustment file is not complete. Attached is a letter
addressed to the County Recorder for you to present to them indicating that
we have approved this lot line adjustment.
Should you have any questions, please contact me at 760 777-7064.
VERY TRULY YOURS,
—�� ' /S A fA,
STAN SAWA
Principal Planner
Encl.
C: Public Works Departmert ' j
Thomas Enterprises
P:\stars\sp 03-066\11a 2004-423 ]tr app.doc
P.O. Box 1504
LA QUINrA, CIA I,IFORNIA 92247-1504
78-495 CALLF.TANIHCO (760) 7 7 7 - 7 0 0 0
Ln Qtimi,t, CALIFORNI.v 92253 FAX (760) 777-7101
December 21, 2004
County Recorder
County of Riverside
Post Office Box 751
Riverside, Calif. 92502
Subject: Recording of Lot Line Adjustment 2004-423
To Whom It Concerns:
The City of La Quinta has approved the above noted Lot Line Adjustment in La
Quinta. Please allow its recording as presented by Mr. Thomas or his
representative.
Should you have any questions, please call me at (760) 777-7064.
Very truly yours,
Z�4A VA 5
STAN B. SAWA
Principal Planner
sbs
c: Ms. Angela Dorf, The Keith Companies
P AStanAsp 03-066VIa 2004-423 co red.doc
RECORDXNG REQUESTED BY:
wHEN RECOXWED MAU, DOCUMENT AND
TAX STATEMr! NT TO:
API\', GRANT DEER ascs•wvsmeEamrosamoaam,snaa
The undersigned grantor(s) declare(s)
Documentary transfer tax its $ City tax S
{ } computed on full value of property conveyed, or
{ } computed on full value less value of liens or encumbrances remaining at time of sale, or
{ j 'Unincorporated Area City of
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The undersigned grantor
hereby GRANT(S) to Fourth quarter Properties XLW, LLC, a Georgia limited liability
company
the following described real property in the City of
County of RIVERSIDE State of California:
SEE EXMIT "A" AND FSf XT "B" ATTACREO ]HERETO AND MADE APART BF.REOF BY REFERENCE.
NOTE: This grant deed implements the revised lot confiforations pursuant to Lot Line Adjustment 04-� as approved by the City of La
Quints. All property subject to this lot line adjustment is owned by a single eutity, hence #Wneisldp conveymce 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 Goveratnsnt Code Section 66512(d), and to perfect the intent of the Lot Line Adjustment od-412) as apprave&
GRANTOR:
FOURTH QUARTER PROPERTIES XLM, LLC, a
Georgia limited liability company
By! SEAL)
STANLE E. THOMAS, MANAGER
l000asvn:r)
DATED-. I I I S l O4
STATE OF CAbFF )PJfM '
COUNTY OF Ly T A
ON before me—
T ikN 1_i="`i C T NO � � S person:diy appearetl
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name(s) is/m subscribed to the
within instrument and acknowledged to me that he/shvaoy executed
the same in his/her/thetr authorized capacity(ies), and that by
his/her/their signatures) on the instrument theperson(s), or the entity
upon behalf of which the person(s) acted, executes! the Instrument.
'{Fitness my hand and official sea],
Signature
MAM TAX STATEMENT AS DIRECTED ABOVE
(00045917:Y}
1. UNTY
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-423
LEGAL DESCRIPTION
EXISTING PARCEL "A"
PARCEL 10 OF PARCEL MAP NO. 29351 AS SHOWN IN PARCEL MAP BOOK 197,
PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF
CALIFORNIA.
Page 1 of 5
EXHIBIT "A"
LOT LINE ADJUSTMENT 04- tih
LEGAL DESCRIPTION
ADJUSTED PARCEL "A"
A PORTION OF PARCEL 10 OF PARCEL MAP NO. 29351 AS SHOWN IN BOOK 197 OF
PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE -
COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF PARCEL 12 OF SAID
PARCEL MAP NO. 29351, ALSO I3EING A POINT ON THE NORTHERLY RIGHT OF WAY
OF STATE HIGHWAY 111 AS SHOWN ON SAID PARCEL MAP NO. 29351;
THENCE NORTH 82017'08" WEST 230.93 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 18048'54" EAST 57.34 FEET;
THENCE NORTH 10020' 10" EAST 92.65 FEET;
THENCE NORTH 82017'08" WEST 298.15 FEET;
THENCE SOUTH 09047'29" WEST 147.32 FEET TO SAID NORTHERLY RIGHT OF WAY
OF STATE HIGHWAY 111, BEING A POINT ON A NON -TANGENT CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 2430.00 FEET, A LINE RADIAL TO SAID
CURVE AT SAID POINT BEARS NORTH 09047'29" EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
OF 88.08 FEET, THROUGH A CENTRAL ANGLE OF 02°04'37' ;
THENCE SOUTH 82017'08" EAST 200.15 FEET TO THE POINT OF BEGINNING.
SAID DESCRIBED PARCEL "A" CONTAINS 1.01 ACRES, MORE OR LESS.
FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND 13Y THIS
REFERENCE MADE A PART HEREOF.
Prepared under the supervision of:
Dean J. Palumbo, P.L.S. #6697
Expires 06/30/06
THE KEITH COMPANIES, INC.
73-733 Fred Waring Drive, Suite 100
Palm Desert, CA 92260
(760)346-9844
q
LOT LINE ADJUSTMENT No.
APPROVED BY CITY OF LA OUINTA
COMMUNITY DEVELOPMENT DEPARTMENTPage 2 of 5
BY SDVVFA DATE
Exhibit A
LAND S,
Pqe
No. 6697
Exp. 06/30/06
EXHIBIT "A"
LOT LINE ADJUSTMENT 04. 425
LEGAL DESCRIPTION
EXISTING PARCEL `°B"
PARCEL 11 OF PARCEL MAP NO. 29351 AS SHOWN IN PARCEL MAP BOOK 197,
PAGES 33 THROUGH 36, INCLUSNE, TOGETHER WITH PARCEL `B" OF LLA. 96-230
RECORDED DECEMBER 20, 1996 AS INSTRUMENT NO. 479502, OFFICIAL RECORDS
OF RIVERSIDE COUNTY, STATE OF CALIFORNIA.
Page 3 of 5
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-
LEGAL DESCRIPTION
ADJUSTED PARCEL `B"
LOT LINE ADJUSTMENT No. amo4' 4.-).3
423
APPROVED BY CITY OF LA OUINTA
COMMUNITY DEVELOPMENT DEPAfjTMEP
BY �,Ay) SG &Y DATE 0- o'
Exhibit A
PARCEL 11 AND THAT PORTION OF PARCEL 10 OF PARCEL MAP NO. 29351 AS
SHOWN IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE,
TOGETHER WITH PARCEL "B" OF LLA 96-230 RECORDED DECEMBER 20, 1996 AS
INSTRUMENT NO. 479502, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 12 AS SHOWN ON
SAID PARCEL MAP NO. 29351, ALSO BEING A POINT ON THE NORTHERLY RIGHT OF
WAY OF STATE HIGHWAY 11 I AS SHOWN ON SAID PARCEL MAP NO. 29351;
THENCE NORTH 00014' 17" EAST 141.05 FEET ALONG THE EASTERLY LINE OF SAID
PARCEL 10 TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 11, BEING THE
BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A
RADIUS OF 200.00 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS
SOUTH 01017' 17" EAST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 71.51
FEET, THROUGH A CENTRAL ANGLE OF 20°29'07" TO THE BEGINNING OF A
REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 200.00 FEET,
A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 19'11'50" EAST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 4939
FEET, THROUGH A CENTRAL ANGLE OF 14°08'52";
THENCE NORTH 84"57'02" WEST 192.83 FEET TO THE WESTERLY LINE OF THAT
CERTAIN PARCEL OF LAND CONVEYED TO THE CITY OF LA QUINTA BY
DOCUMENT RECORDED JULY 8, 2003 AS INSTRUMENT NO. 2003-507394, OFFICIAL
RECORDS OF SAID COUNTY;
THENCE ALONG SAID WESTERLY LINE NORTH 00013'25" WEST 40.01 FEET TO THE
NORTHWESTERLY CORNER OF SAID INSTRUMENT NO. 2003-507394;
THENCE SOUTH 82013'54" EAST 6.60 FEET ALONG THE NORTHERLY LINE OF SAID
INSTRUMENT NO. 2003-507394 TO THE EASTERLY LINE OF SAID PARCEL 11;
THENCE NORTH 00013'25" WEST 414.40 FEET ALONG SAID EASTERLY LINE TO THE
NORTHEASTERLY CORNER OF SAID PARCEL 11;
THENCE SOUTH 89043'58" WEST 313.55 FEET ALONG THE NORTHERLY LINE OF
SAID PARCEL I I TO THE NORTHEASTERLY CORNER OF SAID PARCEL 10;
THENCE NORTH 73002'01" WEST 78.41 FEET ALONG THE NORTHERLY LINE OF SAID
PARCEL 10;
THENCE SOUTH 89043'24" WEST 548.44 FEET ALONG SAID NORTHERLY LINE, TO
THE NORTHWESTERLY CORNER OF SAID PARCEL 10;
Page 4 of 5
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-423,
LEGAL DESCRIPTION
THENCE NORTH 00004'58" EAST 276.73 FEET TO A POINT ON THE SOUTHERLY
RIGHT OF WAY OF CORPORATE CENTRE DRIVE AS SHOWN ON SAID PARCEL MAP
NO.29351;
THENCE SOUTH 89043'24" WEST 311.70 FEET ALONG SAID SOUTHERLY RIGHT OF
WAY;
THENCE SOUTH 44043'24" WEST 49.50 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY OF ADAMS STREET AS SHOWN ON SAID PARCEL MAP NO. 29351;
THENCE SOUTH 00016'36" EAST 597.14 FEET ALONG SAID EASTERLY RIGHT OF
WAY;
THENCE SOUTH 35033'47"EAST 57.14 FEET TO THE BEGINNING OF A NON -TANGENT
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 2430.00, BEING A POINT
ON THE NORTHERLY RIGHT OF WAY OF SAID HIGHWAY 111, A LINE RADIAL TO
SAID CURVE AT SAID POINT BEARS NORTH 18044' 16" EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
OF 379.44 FEET, THROUGH A CENTRAL ANGLE OF 08°56'48", A LINE RADIAL TO
SAID CURVE AT SAID POINT BEARS SOUTH 09047'29" WEST;
THENCE RADIAL TO SAID CURVE NORTH 09047'29" EAST 147.32 FEET;
THENCE SOUTH 82017'08" EAST 298.15 FEET;
THENCE SOUTH 10020' 10" WEST 92.65 FEET;
THENCE SOUTH 18048'54" WEST 5734 FEET TO A POINT ON SAID NORTHERLY
RIGHT OF WAY OF STATE HIGHWAY 111;
THENCE ALONG SAID RIGHT-OF-WAY SOUTH 82017'08" EAST 280.93 FEET TO THE
POINT OF BEGINNING.
SAID DESCRIBED PARCEL `B" CONTAINS 15.42 ACRES., MORE OR LESS.
FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Prepared under the supervision of:
FFExp.06/30/06
Date: Dean J. Palumbo, P.L.S. #6697Expires 06/30/06 THE KEITH COMPANIES, INC.
73-733 Fred Waring Drive, Suite 100Palm Desert, CA 92260
(760)346-9844
T F
Page 5 of 5
PARCEL
P. M. R
CORPORA TE CENTRE DRIVE
N89'4324"E 311.70'
rN44*4J24E W
49.50'
h
,°O e
O N
3
PARCEL "B"
W
LLA 96-230
INST.NO.
0
479502 O.R.
xl
REC. 72120196
Q
I
N35:33'47"W
57 14'
L-'VZ .
\4� sf
(M+a pip
MAP NO. 29351
197/33-36
CURVE DATA
SHEET 1 OF 1
NO.
RADIUS
DELTA
ARC
Cl
200.00'
14'08 52"
49.38'
C2
2430.00'
11'0124"
467.52'
C3
2430. 00'
08'5648"
379.44'
C4
2430.00'
02'04 37"
88.08'
N73'02 O1 "W -"-i
78.41'
PARCEL
15.42 AC
PARCEL 10
w O
S �48 54 E O v
/� rs 4870
S7A
E� LAND S
Pq�G� �
Q� B�
No. 6697
1.01 AC
P..0.S.
N89'43 56"£
31 J.55'
PARCEL 11
y
:9 N82'1354"W
I 6.60'
N00'1325NW
4C
19283'
C1 N84 57 02"h
PARCEL 12
NOTE. THIS LOT LINE ADJUSTMENT DOESN'T
AFFECT OR SUPERCEDE ANY EXISTING
EASEMENTS ON THE PROPERTY
NEW LOT LINE
Exp. 06/30/06
EXISTING LOT LINE
F TO REMAIN
qTF OF 'P' Z:�"� EXISTING LOT LINE
- — — - TO BE DELETED
-AI
SCALE: 1' = 200'
LOT LINE ADJUSMNT 04-+2-3
PREPARED UNDER THE
SUPERVISION OF.- The Keith Companies !-cc
FJI-PW ~ vary ^ m XV
.iEw tw.t CA AM /Mo/ dN-Asir
DEAN J. PALUMBO, P.L.S. 6697 DATE TKC / 40571.06
Brian Ching
Subject: PCN 04 281 LA QUINTA CORPORATE CENTER LLA 2004-423 LOT LINE ADJUSTMENT
Status: In Progress
Percent Complete: 75%
Total Work: 0 hours
Actual Work: 0 hours
Owner: Brian Ching
Requested By: Jesse Jimenez
2/3/05 Comments sent back to Community Development in January. Exhibits had few errors that needed to be corrected.
Spoke with Stan and corrections are still pending return from The Keith Company.
1/3/2005 SENT PLAN CHECK ITEM TO BRIAN AS PER PAULS REQUEST (JGJ)
12/23/04 Rejected based on removal of Lot Line between Parcel 10 and Parcel B (LLA96-230) via LLA instead of merger.
Further research found that Lot Line may be removed with a Lot Line Adjustment if property owned by same owner. Made
corrections to Exhibit. Sent back to Community Development with corrections. Check of Engineer's Closure Calcs not
done yet.
1 A
u — S
TRANSMITTAL MEMO
�•F Off.
y OF THt
TO: _CITY MANAGER
FROM:
DATE:
_PARKS DEPARTMENT
BUILDING & SAFETY
CODE ENFORCEMENT
_FIRE MARSHAL
PUBLIC WORKS DEPARTMENT
JERRY HERMAN
PLANNING MANAGER
SHERIFFS DEPARTMENT
COMMUNITY DEVELOPMENT DEPARTMENT STAN SAWA
I.
1 f�0 -
SUBJECT: PROJECT REVIEW
CASE: Lg� U klL, a'cl
-l�l�nr� �y��Y't�✓'is.�
PLEASE REVIEW AND PROVIDE ANY COMMENTS YOU MAY HAVE
ON THE ATTACHED n7EM BY �G � L s
PLANNA
PCN
Please use t is Plan Check Number (PCN)
on all correspondence while plans
are in Plan check
tmns.004
4� c ity of -La Quinta
5 �s Communit,_ development Department
1 78-495 Calle Tampico
La Quinta, California 92253
(760))/ 7777-7125 FAX: (760) 777-1233
1 4
/
OFFICE USE 'ONLY ,�
Case No. Yvo - 2
D� Recvd. I I p
� � t /Cb _
Related.Apps:
1
APPLICATION FOR LOT LINE ADJUSTMENT APPROVAL
LOT LINE ADJUSTMENT applications are reviewed and approved by the Community Development Director
pursuant to Chapter 13.32 of the Subdivision Regulations. The purpose of the review is to allow reconfiguration of
two or more adjoining lots into sizes or shapes appropriate for desired uses and in compliance with Municipal Code
requirements.
'y + 4. 4♦ + •? J. J♦ J- J• J• J Ji Ji ♦�� i ♦ Pi •♦i O� •�� J� P� •�� �� ♦�� •4 •�� •�� A
APPLICANT Thomas Enterprises
(Print)
MAILING ADDRESS 3604 Carleton Street Phone No.61 9- 3 00 - 0 4 8 4
CITY, STATE, ZIP San Diego, CA 92106 Fax No. 619-222-9607
*Owner "A" Name: Fourth Quarter Properties XLIII, LLC
Address: 3604 Carleton Street
San Diego, CA 92106 Phone: 619-300-0484
(City) (State) (Zip)
*Owner "B" Name: Same as Owner "A"
Address:
Phone:
(City)
*Owner"C"Name: N/A
Address:
(State) (Zip)
(City) (State) (Zip)
*Attach sheet for additional owners
PROPERTY DATA ?
Property A: Assessor's Parcel Number: 649-820-01 0
Street Address (if any): -
Property B: Assessor's Parcel Number: 649-820-0
Street Address (if any): -
Property C: Assessor's Parcel Number: N/A
Street Address (if any):
DESCRIPTION OF ADJUSTMENT REQUESTED: To adjust the lotline between
parcels 10 and 11 of parcel map no. 29351 on file in book
197, pages 33 through 36 of parcel maps
A161LA 1-7/16/97 Appvd 1/6/93 cdi
REASON FOR REQUEST: To r -gate a parcel for COnyeva '
APPLICABILITY
The following criteria must be met to approve a lot line adjustment:
❑ The adjustment shall not create a greater number of parcels than originally existed.
❑ 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.
MINIM rM SIMMISSION REOUIREMENTS:
❑ 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 _%rA -_ as
approved by the City of La Quinta. All property subject to this lot line adjustment is owned by a single
entity, hence ownership conveyance is a nonessential secondary function of this deed. The primary
function of the deed is to provide constructive notice of the revised lot configurations pursuant to
Government Code Section 66512 (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 La Quinta
County of Riverside State of California, described as
(Property Description)
that portion of land in Lot A which is overlaid by the reconfigured shape of Lot B pursuant to LLA
approved by the City of La Quinta. The reconfigured lots are described in Exhibits A and B attached hereto and
made a part hereof.
A161LA 1-7/16/97 Appvd I/6/93 cdi
'Zr Z212UVJ IfIVtAx BUttt1ZJJ LA UUINIA UUMM. OEV.
fGRANT DEED
it 001/001
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Owner B
hereby GRANTS to
Owner A
the real property in the City of La Quinta
County of Riverside State of California, described as
(Property Description)
that portion of land in Lot B which is overlaid by the reconfigured shape of Lot A pursuant to LLA approved by the City of La Quinta. The reconfigured lots are described in Exhibits A and B attached hereto an—d made
a part hereof,
NOTE: This grant deed perfects the intent of Lot Line Adjustment _ _ as approved by the City of Le 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'/2" x I I") of the new parcels, respectively (see attached sample Exhibits A and B).
O 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 wilt be charged full
fee, with remaining related applications discounted 50% for each. If the nunber of lots adjusted exceeds two, then a
Public Works Department plan check fee of $50.00 per lot (over two lots) shall be paid in addition to Lot Line
Adjustment fee.
1>4.464fi10.-+rv104,Ai0aPeiG0"t0!rJ+�Sfriv04eiGf�??r44bAfvfiO�iL
SIGNATURE OF APPLICANT
NAME OF APPLICANT
DATE % �o
(Print)
SIGNATURE OF PROPERTY OWNER "A"
IF NOT SAME AS APPLICANT: DATE
NAME OF OWNER DATE
(Print)
SIGNATURE OF PROPERTY OWNER "B"
IF NOT SAME AS APPLICANT:
NAMEOFOWNER
(Print)
SIGNATURE OF PROPERTY OWNER "C"
IF NOT SAME AS APPLICANT:
NAME OF OWNER
(Print)
_ DATE
DATE _
DATE
DATE
(Separate written authority by owner to submit application may be provided)
1 hereby certify that all information contained in this application, including all plans and materials required by the City's
application submission requirements, is, to the best of my knowledge, true and correct. FALSE OR MISLEADING
INFORMATION GIVEN IN THIS APPLICATION SHALL BE GROUNDS FOR DENYING APPLICATION I hereby
grant the City authority to enter onto the property to conduct site inspections and to post required public notices.
A16:LLA 1.7116/97 Appvd 2/2000 edi
City of La Quinfa
Engineering Plan Check Application and Fee
Lot Line Adjustment
Project:
Development Identification Number:
Map/Plans Submitted for Checking
Surveyor's Checking Fee
CITY ACCOUNT INFORMATION
101-000-443-318
Fee
$50 x r� Lots
Total Fee: $ CAD.' —
APPLICANT INFORMATION
PERSON WHO IS RESPONSIBLE FOR PLAN CHECK ADMINISTRATIVE DI/TIES:
ENGINEERING FI]OWPERSON RESPONSIBLE FOR PREPARNG PLANS0 PS:
N ME
NAFM
NAME OP Fl0.M
NAME OF FlRM
ADDRESS
ADORES$
CITY STATE
ZIP
CRY
STATE ME
TELEPHONE
FAR
TELEPHONE
FAX
EMAIL
EMAIL
CITY STAFF DATE
75-495 Calle Tampico • P.O. Box 1504
PLAN Lis
L/��''
F':y^
on de this Plan Check Number (PCN)
all correspondence while plans
are in -Plan c�r�
La Quinta, CA 92253 17b�) 777-7075 (Fax) 777-7155
\\CLOAOMF.S APIMWRKS\Pt FPT\DOCC\FORMS\FMAB DOC
RECORDINO REQUESTED DY:
WHEN RECORMED MAIL DOCUMENT AND
TAX STATEMENT TO:
svnce.wvx� ura xoe �mroaeo,s nw
APN: GRANT DEED
The undersigned grantor(s) declares)
Documentary transfer taxis S City tax S
{ } computed on full value of property conveyed, or
{ } computed on full value less value of Hens or encumbrances remaining at time of sale, or
{ } Unincorporated Area City of
FOR A VALUABLE CONSIDERATION, receipt of which is hereby aelmowledged,
The undersigned grantor
hereby GRANT(S) to Fourth Quarter Properties XLM, MC, a Georgia limited liability
company
the following described real property in the City of
County of RIVERSIDE State of California!
SEE EXIMIXT "A" AND EXH OIT "B" ATTACHED HERETO AND MADE APART IT XEOF BY REFERENCE.
NOTE; This grant deed implements the revised lot configurations parmant to Lot Line Adjustment 04 = as approved by the City of La
Quints. 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 dad is to provide conAruetive notice of the revised lot configurations
purmant to Government Code Section 66512(d), and to perfect the intern of the Lot Line Adjustment 04 __ as approved
GRANTOR:
FOURTH QUARTER PROPER'ITES XLIII, LLC, a
Georgia limited liability comparry
`" (SEAL)
STANLE E. THOMAS, MANAGER
{00045917:r.)
V-
DATED; l \ 15 `CA
STATEOFCA�eRittrt—Cf ;rkH
COUNTY OF Lv c T Pe
ON before me-
S personally appeared
Personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose nan*s) Ware subscribed to the
within instrument and acknowledged to me that helshe4hsy exeented
the same to bislberRhetr authorized capacity(ies), and that by
his/her/thair signato re(s) on the instrnment theperson(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal,
signatare //�(Qj // �.Tjjr v
/"/ /!'!iJ . L i /1 �f'/t%f�r". - k1'HLa"iyuR Ovoy
MAIL TAX STATEMENT AS DIRECTED ABOVE
(00045919=r)
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-XXX
LEGAL DESCRIPTION
EXISTING PARCEL "A"
PARCEL 10 OF PARCEL MAP NO. 29351 AS SHOWN IN PARCEL MAP BOOK 197,
PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF
CALIFORNIA.
Page 1 of 5
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-XXX
LEGAL DESCRIPTION
ADJUSTED PARCEL "A"
A PORTION OF PARCEL 10 OF PARCEL MAP NO. 29351 AS SHOWN IN BOOK 197 OF
PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE
COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF PARCEL 12 OF SAID
PARCEL MAP NO. 29351, ALSO BEING A POINT ON THE NORTHERLY RIGHT OF WAY
OF STATE HIGHWAY I I I AS SHOWN ON SAID PARCEL MAP NO. 29351;
THENCE NORTH 82017'08" WES 230A3 FEET TO THE POINT OF BEGINNING;
f f
THENCE NORTH 18048'54" EAST 57.34 FEET;
J
THENCE NORTH 1002.0 ' 10" EAST 92.65 FEET;
f
THENCE NORTH 82017'08" WEST 298.15 FEET;
f
THENCE SOUTH 09047'29" WEST 147.32 FEET TO SAID NORTHERLY RIGHT OF WAY
OF STATE HIGHWAY 111, BEING A POINT ON A NON -TANGENT CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 2430.00 FEET, A LINE RADIAL TO SAID
CURVE AT SAID POINT BEARS NORTH 09047'29" EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
OF 88.008 FEET, THROUGH A CENTRAL ANGLE OF 020 4'37' ;
THENCE SOUTH 82017'08" EAST 200.15 FEET TO THE POINT OF BEGINNING.
SAID DESCRIBED PARCEL "A" CONTAINS 1.01 ACRES, MORE OR LESS.
FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Prepared under the supervision of:
Dean J. Palumbo, P.L.S. 46697
Expires 06/30/06
THE KEITH COMPANIES, INC.
73-733 Fred Waring Drive, Suite 100
Palm Desert, CA 92260
(760) 346-9844
LAND S�
� J . P47zF�
No. 6697
Exp. 06/30/06
Page 2 of 5
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-XXX
LEGAL DESCRIPTION
EXISTING PARCEL °B"
PARCEL 11 OF PARCEL MAP NO. 29351 AS SHOWN IN PARCEL MAP BOOK 197,
PAGES 33 THROUGH 36, INCLUSIVE, TOGETHER WITH PARCEL `B" OF LLA 96-230
RECORDED DECEMBER 20, 1996 AS INSTRUMENT NO. 479502, OFFICIAL RECORDS
OF RIVERSIDE COUNTY, STATE OF CALIFORNIA.
Page 3 of 5
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-XXX
LEGAL DESCRIPTION
ADJUSTED PARCEL `B"
PARCEL 11 AND THAT PORTION OF PARCEL 10 OF PARCEL MAP NO. 29351 AS
SHOWN IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE,
TOGETHER WITH PARCEL `B" OF LLA 96-230 RECORDED DECEMBER 20, 1996 AS
INSTRUMENT NO. 479502, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 12 AS SHOWN ON
SAID PARCEL MAP NO. 29351, ALSO BEING A POINT ON THE NORTHERLY RIGHT OF
WAY OF STATE HIGHWAY I I I AS SHOWN ON SAID PARCEL MAP NO. 29351;
✓ v
THENCE NORTH 00014' 17" EAST 141.05 FEET ALONG THE EASTERLY LINE OF SAID
PARCEL 10 TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 11, BEING THE
BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A
RADIUS OF 200.00 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS
SOUTH 01 ° 17' 17" EAST; /
THENCE EASTERLY ALONG THE ARC OF S�ID CURVE AN ARC DISTANCE OF 71.51
FEET, THROUGH A CENTRAL ANGLE OF 20 29'07" TO THE BEGINNING 9F A
REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 200.00 FEET,
A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 19011'50" EAST;
t/
THENCE EASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 49.39
FEET, THROUGH A CENTRAL ANGLE
OF 14°08'52';✓
J
THENCE NORTH 84057'02" WEST 192.83 FEET TO THE WESTERLY LINE OF THAT
CERTAIN PARCEL OF LAND CONVEYED TO THE CITY OF LA QUINTA BY
DOCUMENT RECORDED JULY 8, 2003 AS INSTRUMENT NO. 2003-507394, OFFICIAL
RECORDS OF SAID COUNTY; /
THENCE ALONG SAID WESTERLY LINE NORTH 00013'25" WEST 40.01 FEET TO THE
NORTHWESTERLY CORNER OF SAID INSTRUMENT NO. 2003-507394;
THENCE SOUTH 82013'54" EAST 6.60 FEET ALONG THE NORTHERLY LINE OF SAID
INSTRUMENT NO. 2003-507394 TO THE EASTERLY LINE OF SAID PARCEL 11;
THENCE NORTH 00013'25" WEST 414.40 FEET ALONG SAID EASTERLY LINE TO THE
NORTHEASTERLY CORNER OF SAID PARCEL 11;
THENCE SOUTH 89043'58" WEST 313.55 FEET ALONG THE NORTHERLY LINE OF
SAID PARCEL 11 TO THE NORTHEASTERLY CORNER OF SAID PARCEL 10;
THENCE NORTH 73002'01" WEST 78.41 FEET ALONG THE NORTHERLY LINE OF SAID
PARCEL 10; ✓
THENCE SOUTH 89043'24" WEST 548.44 FEET ALONG SAID NORTHERLY LINE, TO
THE NORTHWESTERLY CORNER OF SAID PARCEL 10;
Page 4 of 5
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-XXX
LEGAL DESCRIPTION
I/
THENCE NORTH 00004'58" EAST 2,76.73 FEET TO A POINT ON THE SOUTHERLY
RIGHT OF WAY OF CORPORATE CENTRE DRIVE AS SHOWN ON SAID PARCEL MAP
NO. 29351;
THENCE SOUTH 89043'24" WEST 311.70 FEET ALONG SAID SOUTHERLY RIGHT OF
WAY;
J
THENCE SOUTH 44043'24" WEST 49.50 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY OF ADAMS STREET AS SHOWN ON SAID PARCEL MAP NO. 29351;
THENCE SOUTH 00016'36" EAST 597.14 FEET ALONG SAID EASTERLY RIGHT OF
WAY;
THENCE SOUTH 35033'47"EAST 57.14 FEET TO THE BEGINNING OF A NON -TANGENT
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 2430.00, BEING A POINT
ON THE NORTHERLY RIGHT OF WAY OF SAID HIGHWAY 111, A LINE RADIAL TO
SAID CURVE AT SAID POINT BEARS NORTH 18044' 16" EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
OF 379.44 FEET, THROUGH A CENTRAL ANGLE OF 08°56'48", A LINE RADIAL TO
n�u SAID CURVE AT SAID POINT BEARS SOUTH 09047'29" WEST;
THENCE RADIAL TO SAID CURVE NORTH 09047'29" EAST 147.32 FEET;
THENCE SOUTH 82017'08" EAST 298.15 FEET;
THENCE SOUTH 10020' 10" WEST 92.65 FEET;
THENCE SOUTH 18048'54" WEST 57.34 FEET TO A POINT ON SAID NORTHERLY
RIGHT OF WAY OF STATE HIGHWAY 111;
THENCE ALONG SAID RIGHT-OF-WAY SOUTH 82017'08" EAST 280.93 FEET TO THE
POINT OF BEGINNING.
SAID DESCRIBED PARCEL `B" CONTAINS 15.42 ACRES., MORE OR LESS.
FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Prepared under the supervision of:
Dean J. Palumbo, P.L.S. #6697
Expires 06/30/06
THE KEITH COMPANIES, INC.
73-733 Fred Waring Drive, Suite 100
Palm Desert, CA 92260
(760)346-9844
S�0 LAND S
P �6�
No. 6697 c
Exp. 06/30/06
Q
Page 5 of 5
E7�IIB1T "H"
PARCEL MAP NO. 29351
P.M.B. 197/33-36
CORPORATE CENTREDRIVE
n
e
ti
PARCEL "B"
LLA 96-230
INST. NO.
479502 O.R.
REC. 12120196
N35'33'47"W
57.14'
rev
CURVE DATA
SHEET 1 OF 1
NO.
DIUS
DELTA
ARC
Cl
200.00'
14'08 52"
49.
C2
2430.00'
11'0124"
467.52'
C3
2430.00'
1 08'56'48"
379.44'
C4
2430.00'
02-04-37"
88.06,
N73'02'01 "W 1�1
78.41'
PARCEL 'B"
15.42 AC
� I
� I
PARCEL 10
1.01 AC
T'•O.B.
oNOl'J_7'J7"K, I
rRf�1�
..
ST�kV
g—
y"
LND S�
o(Ro.6�697
N89'43 58"E
313.55'
PARCEL 11
y
N82'1354"W
I 6.60'
N00'1325 W
VI 40>OP
cJ ' —�
�V84'S7622 k
o PARCEL 12
NOTE: THIS LOT LINE ADJUSTMENT DOESN'T
AFFECT OR SUPERCED£ ANY EXISTING
EASEMENTS ON THE PROPERTY
NEW LOT LINE
Exp. 06/30/06
EXISTING LOT LINE
TO REMAIN
OF
EXISTING LOT LINE
TO BE DELETED
U 0'
m
SCALE: 1" - 200'
LOT LINE ADJUST11M 04-3=
PREPARED UNDER THE
SUPERVISION OF.
The Keith Companies
DEAN J. PALUMBO, P.L.S. 6697 DATE
13-ldf /lad m~ a. mA Am
J%ft AWW4 C/ PAW (7W) d1*-AW
TKC / 40571.06
Project: CHICK-FIL-A
Friday November 5, 2004
Description: LLA
Number of Lots: 2
Created by: A. DORF
,\ /,�
TTI�
Report
``
Northing
Easting
Direction
Distance
----------------------------------------------------------------
PARCEL "A"2
Courses: 6
661177.9828
2011845.9465
N 09047128.75" E
147.3215'
661323.1583
2011871.0001
S 82017,08.10" E
298.1515'
661283.1358
2012166.4532
S 10020109.94" W
92.6493'
661191.9900
2012149.8298
S 18048154.43" W
57.3416'
661137.7125
2012131.3363
N 82017108.10" W
200.1472'
661164.5794
2011933.0005
Radius Ft:
(663572.5866)
(2012259.1929)
Delta: 02004136.85"
Radius: 2430.00'
Length: 88.0846'
Tangent: 44.0471'
N07042152"E(R-IN)
S09047'29"W(R-OUT)
661177.9828
2011845.9465
Perimeter: 883.69
Area: 43980.73
Sq. Ft.,
1.01 Acres
Error of Closure:
S 85018'18"
W 0.004'
Error North: -0.000
Error East: -0.004
Precision: 1 in 212735
Northing
Easting
Direction
Distance
----------------------------------------------------------------
PARCEL "B"4
Courses: 21
661656.1747
2012725.5783
S 00013124.70" E
414.3984'
661241.7795
2012727.1950
N 82013153.78" W
6.5994'
Page 1 of 3
0:\CFP2000\4057106\drawings\survey\LLA\4057106.mck
661242.6715
2012720.6561
S 00013'24.70"
E
40.0063'
661202.6655
2012720.8122
N 84057'01.78"
W
192.8290'
661219.6376
2012528.7316
Radius
Pt:
(661418.8615)
(2012546.3349)
Delta: 14008'51.56"
Radius: 200.00'
Length: 49.3846'
Tangent: 24.8185'
NO5002158"E(R-IN)
S19011150"W(R-OUT)
661229.9829
2012480.5709
Radius
Pt:
(661041.1044)
(2012414.8070)
Delta: 20029106.62"
Radius: 200.00'
Length: 71.5067'
Tangent: 36.1392'
S19011150"W(R-IN)
NO1017117"W(R-OUT)
661241.0539
2012410.3113
S 00014116.54"
W
141.0536'
661100.0015
2012409.7256
N 82017108.10"
W
280.9319'
661137.7125
2012131.3363
N 18048154.43"
E
57.3416'
661191.9900
2012149.8298
N 10020109.94"
E
92.6493'
661283.1358
2012166.4532
N 82017108.10"
W
298.1515'
661323.1583
2011871.0001
S 09047128.75"
W
147.3215'
661177.9828
2011845.9465
Radius Pt:
(663572.5866)
(2012259.1929)
Delta: 08056147.56"
Radius: 2430.00'
Length: 379.4363'
Tangent: 190.1046'
N09047129"E(R-IN)
S18044116"W(R-OUT)
661271.3810
2011478.5824
N 35033146.97"
W
57.1392'
661317.8623
2011445.3503
N 00016135.72"
W
597.1432'
661914.9986
2011442.4677
N 44043124.28"
E
49.4975'
Page 2 of 3
0:\CFP2000\4057106\drawings\survey\LLA\4057106.mck
661950.1672
2011477.2983
N 89043'24.28" E
311.6985'
661951.6718
2011788.9932
S 00004'58.10" W
276.7254'
661674.9467
2011788.5933
N 89043'24.28" E
548.4428'
661677.5942
2012337.0297
S 73002'00.67" E
78.4123'
661654.7126
2012412.0291
N 89043'58.14" E
313.5526'
661656.1747
2012725.5783
Perimeter: 4404.22
Area: 671792.19
Sq. Ft.,
15.42 Acres
Error of Closure: S
64032'12" W
0.007'
Error North: -0.003
Error East: -0.007
Precision: 1 in 591726
Page 3 of 3
0:\CFP2000\4057106\drawings\survey\LLA\4057106.mck
Form No. 1068-2
4' ALTA Plain Language Commitment
Commitment No.: NCS-86923-ATL
Page Number: i
September 28, 2004
Julie Harkins
Chick-fil-A
5200 Buffington Rd.
Atlanta, GA 30349-2998
Phone:(404) 836-6303
First American Title Insurance Company
National Commercial Services
3625 Fourteenth Street
Riverside, CA 92501
Update #1
Title Officer: Greg Franke
Phone:
Fax No.:
E-Mail: gfranke@firstam.com
Buyer: Chick-fil-A, Inc.
Attached please find the following item(s):
Ice T0i4iiiTili
Thank You for your confidence and support. We at First American Title Insurance Company maintain the
fundamental principle:
Customer Firsts
First American Title Insurance Company
Form No. 1068-2 Commitment No.: NCS-86923-ATL
ALTA Plain Language Commitment Page Number: 2
First American Title Insurance Company
INFORMATION
The Title Insurance Commitment is a legal contract between you and the company. It is issued to show
the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain
risks to the land title, subject to the limitations shown in the policy.
The Company will give you a sample of the Policy form, if you ask.
The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or
the transaction may affect the Commitment: and the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
This information is not part of the title insurance commitment.
TABLE OF CONTENTS
Agreement to Issue Policy
Schedule A
Page
1. Commitment Date 4
2. Policies to be Issued, Amounts and Proposed Insured 4
3. Interest in the Land and Owner 4
4. Description of the Land 4
Schedule B-1 - Requirements
Schedule B-2 - Exceptions
Conditions
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.
If you have any gluestions about the Commitment,
please contact the issuing office.
First Amencan Title Insurance Company
Form No, 1068-2 Commitment No.: NCS-86923-ATL
ALTA Plain Language Commitment Page Number:3
COMMITMENT FOR TITLE INSURANCE
Issued by
First American Ttie Insurance Company
Agreement to Issue Policy
We agree to issue a policy to you accordincl to the terms of this Commitment
When we show the policy amount and your name as the proposed insured in Schedule A, this
Commitment becomes effective as of the Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the
Commitment Date, our obligation under this Commitment will end. Also, our obligation under this
Commitment will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B-1.
The Exceptions in Schedule B-2.
The Conditions.
This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B.
First American Tithe Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-86923-ATL
Page Number:4
1.
SCHEDULE
Commitment Date: September 21, 2004 at 7:30 A.M.
2. Policy or Policies to be issued:
(A) ALTA Standard Policy
to be determined
Proposed Insured:
Chick-fll-A, Inc.
(B) ALTA Loan Policy
Proposed Insured:
to be determined
3.
4.
(A) The estate or interest in the land described in this Commitment is:
Fee Simple
(B) Title to said estate or interest at the date hereof is vested in:
Fourth Quarter Properties XLIII, LLC
Amount
$1,650,000.00
$to be determined
The land referred to in this Commitment is situated in the City of La Quinta, County of Riverside
, State of California , and is described as follows:
First Amej scan Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-86923-ATL
Page Number: 5
Parcel A:
Reconfigured Lot "B" as shown on Certificate of Compliance LLA No. 96-230 recorded December
20, 1996 as instrument no. 479502 of Official Records of Riverside County, California, also
described in the document as follows:
Being a portion of the west half of the northwest quarter of Section 29, Township 5 south, Range
7 east, San Bernardino Base and Meridian, Records of Riverside County, California, more
particularly being a portion of the parcels of said land as described in Deeds recorded December
6, 1994 as instrument no. 456615 and October 26, 1994 as instrument no. 410872, both of
Official Records of Riverside County, California, being described as follows:
Beginning at the northwest corner of said Section 29 as shown by Map on file in book 91 page(s)
91 of Maps, Records of Riverside County, California;
Thence along the west line of said section, south 000 15' 44" east, 913.18 feet to the southerly
line of the Coachella Valley Water District Flood Channel as described in Deeds recorded July 6,
1961 as instrument nos. 57628, 57629 and 57631, all of Official Records of Riverside County,
California;
Thence continuing along said section line south 000 15' 44" east, 574.35 feet to the true point of
beginning;
Thence north 890 44' 16" east, 391.10 feet to the easterly line of the land as described in Deeds
recorded February 14, 1984 as instrument no. 28914 of Official Records of Riverside County,
California;
Thence along said easterly line south 000 05' 50" west, 842.23 feet to a point of cusp on a curve
concave northerly and having a radius of 2445.00 feet, a radial line through said point of cusp
bears south 110 07' 43" west, said (point also being on the north right of way of Highway 111 as
shown by Deeds recorded February 13, 1968 as instrument no. 13174 of Official Records of
Riverside County, California, and August 2, 1968 as instrument nos. 74780 and 74781, both of
Official Records of Riverside County, California, and also shown on the California Division of
Highways Map on file in Riverside County File No. 204-606;
Thence along said north right of way also being westerly along said curve through a central angle
of 090 25' 16", an arc length of 402.03 feet to said west section line;
Thence along said section line north 000 15' 44" west, 730.84 feet to the true point of beginning.
Parcel B:
Parcels 10 through 12, inclusive, as shown by Parcel Map No. 29351 on file in book 197 pages 33
through 36, inclusive, of Parcel Maps, Records of Riverside County, California;
Excepting therefrom that portion as conveyed to the City of La Quinta by Deed recorded July 8,
2003 as instrument no. 2003-507394 of Official Records of Riverside County, California.
APN: 649-820-010-4 and 649-820-021-4 and 649-820-022-5 and 649-820-023-6
First Amen'can Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-86923-ATL
Page Number:6
SCHEDULE
SECTION ONE
REQUIREMENTS
The following requirements must be met:
(A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
(B) Pay us the premiums, fees and charges for the policy.
(C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured
must be signed, delivered and recorded.
(D) You must tell us in writing the name of anyone not referred to in this Commitment who will get
an interest in the land or who will make a loan on the land. We may then make additional
requirements or exceptions.
(E) Releases(s) or Reconveyance(s) of Item(s):
(F) Other:
(G) You must give us the following information:
1. Any off record leases, surveys, etc.
2. Statement(s) of Identity, all parties.
3. Other: the articles referenced in item no. 30
According to the public records, there has been no conveyance of the land within a period of twenty-four
months prior to the date of this report, except as follows:
A document recorded July 17, 2003 as instrument no. 2003-534174 of Official Records.
From: Bayshore Oil Company, Inc., a California Corp.
To: Fourth Quarter Properties XLIII, LLC
A document recorded July 17, 2003 as instrument no. 2003-534172 of Official Records.
From: 117. Venture, LLC, a California limited liability company
To: SC S Family Limited Partnership, a Nevada limited partnership, as to an
undivided 5.32% interest; Raymond Troll , trustee of the Raymond Troll
Trust established September 16, 1994, as to an undivided 60.15 interest;
and Thomas G. Deemer, trustee of the Deemer Family Trust dated
August 22, 1998, as to an undivided 34.55% interest
First Amencan Title Insurance Company
Form No, 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-86923-ATL
Page Number:7
A document recorded July 17, 200:3 as instrument no. 2003-534173 of Official Records.
From: SC:S Family Limited Partnership, a Nevada limited partnership, Raymond
Troll , trustee of the Raymond Troll Trust established September 16,
1994, and Thomas G. Deemer, trustee of the Deemer Family Trust dated
August 22, 1998
To: Fourth Quarter Properties XLIII, LLC, a Georgia limited liability company
FirstAmeni7an Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-86923-ATI_
Page Number:8
SCHEDULEB
SECTION TWO
EXCEPTIONS
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction.
The printed exceptions and exclusions from the coverage of the 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
Commitment.
1. This item has been intentionally deleted.
2. General and special taxes and assessments for the fiscal year 2004-2005.
First Installment: $5,524.34, Open
Penalty: $552.43
Second Installment: $5,524.34, Open
Penalty: $572.43
Tax Rate Area: 02.0-134
A. P. No.: 649-820-021-4
2.A The lien of defaulted taxes for the fiscal year 2003-2004, and any subsequent delinquencies
Tax Rate Area:
02.0-134
A. P. No.:
619-020-063
Amount to redeem:
$12,317.55
Valid through:
September 2004
Amount to redeem:
$12,478.45
Valid through:
October 2004
(Affects parcel 10)
3. General and special taxes and assessments for the fiscal year 2004-2005
First Installment:
$2,293.93, Open
Penalty:
$229.39
Second Installment:
$2,293.93, Open
Penalty:
$249.39
Tax Rate Area:
020-134
A. P. No.:
619-820-022-5
3.A The lien of defaulted taxes for the fiscal year 2003-2004, and any subsequent delinquencies.
Tax Rate Area: 02.0-134
A. P. No.: 649-020-064
Amount to redeem: $5,135.21
Valid through: September 2004
First American Title Insurance Company
w
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-86923-ATL
Page Number:9
Amount to redeem: $5,202.03
Valid through: October 2004
(Affects parcel 11)
4. General and special taxes and assessments for the fiscal year 2004-2005
First Installment:
$740.41, Open
Penalty:
$74.04
Second Installment:
$740.41, Open
Penalty:
$94.04
Tax Rate Area:
020-134
A. P. No.:
649-820-023-6
4.A The lien of defaulted taxes for the fiscal year 2003-2004, and any subsequent delinquencies.
Tax Rate Area: 020-134
A. P. No.: 649-020-065
Amount to redeem: $1,681.20
Valid through: September 2004
Amount to redeem: $1,702.77
Valid through: October 2004
(Affects parcel 12)
5. General and special taxes and assessments for the fiscal year 2004-2005.
First Installment: $22,844.98, Open
Penalty: $2,284.50
Second Installment: $22,844.98, Open
Penalty: $2,304.50
Tax Rate Area: 020-134
A. P. No.: 649-820-010-4
5.A Supplemental taxes for the fiscal year 2004-2005 assessed pursuant to Chapter 3.5 commencing
with Section 75 of the Califomia Revenue and Taxation Code.
First Installment: $6,206.34, Open
Penalty: $620.63
Second Installment: $6,,206.34, Open
Penalty: $640.63
Tax Rate Area: 020-134
A. P. No.: 051-968-553-6
(Affects Parcel B)
6. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
7. Assessments, if any, of the Coachella Valley Water Irrigation District.
First Amer+can Title Insurance Company
Form No. 1068-2
Commitment No.: NCS-86923-ATL
ALTA Plain Language Commitment Page Number: 10
8. Rights of the public in and to that portion of the land lying within public roads.
9. A right of way and easement of the Coachella Valley County Water District, in favor of the public
for all public roads and rights of way heretofore dedicated, acquired, reserved or accepted for
public use and also any and all private easements and rights of way for roads, pipelines, ditches
and conduits on, over, under or across the herein described property, existing for the purposes 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 pipelines, ditches and
conduits.
A right of way for ditches and canals as reserved by the United States of America in the patent
recorded July 31, 1905 as book 3, page 228 of Official Records.
An easement for public highway and incidental purposes, recorded April 17, 1959 as instrument
no. 32692 of Official Records.
In Favor of:
Affects:
State of California
said land
An easement for slope and incidental purposes, recorded February 13, 1968 as instrument no.
13174 of Official Records.
In Favor of:
Affects:
State of California
said land
An easement for road, utilities, access, slope and incidental purposes, recorded August 2, 1968
as instrument no. 74780 of Official Records.
In Favor of:
Affects:
State of California
said land
The effect of a map purporting to show the land and other property, filed in book 91, page 91 of
Record of Surveys.
15. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions
in the document recorded January 22, 1996 as instrument no. 15569 of Official Records, which
provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or
deed of trust made in good faith and for value, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, national origin, sexual orientation, marital status, ancestry, source of income or
disability, to the extent such covenants, conditions or restrictions violate Title 42, Section
3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of
occupants in senior housing or housing for older persons shall not be construed as restrictions
based on familial status.
Document(s) declaring modifications thereof recorded December 20, 1995 as instrument no.
422634 of Official Records.
16. The terms and provisions contained in the document entitled "Commercial Domestic Water
and/or Sanitation Installation Agreement' recorded June 19, 2000 as instrument no. 233566 of
Official Records.
FirstAmerican Title Insurance Company
Form No. 1068-2
Commitment No.: NCS-86923-ATL
ALTA Plain Language Commitment Page Number: 11
(Affects Parcel A)
17. An easement for public streets, public utilities and incidental purposes, recorded July 11, 2000 as
instrument no. 2000-267423 of Official Records.
In Favor of: City of La Qinta
Affects: Parcel A
18. An easement for public streets, public utilities and incidental purposes, recorded July 11, 2000 as
instrument no. 2000-267424 of Official Records.
In Favor of: City of La Qinta
Affects: parcels 10 and 12
19. An easement for cables, conduits and incidental purposes, recorded October 6, 2000 as
instrument no. 2000-396210 of Official Records.
In Favor of: GTE California Incorporated
Affects: Parcel A
20. An easement shown or dedicated on the Map as referred to in the legal description
For: landscape maintenance, sidewalks and incidental purposes.
(Affects Parcel A)
21. The effect of the following recitals as shown by the owner's statement of Parcel Map No. 29351:
(Affects Parcel A)
A) We hereby dedicate and relinquish the right of vehicular access from parcels 10 and 12,
abutting State Highway 111, and during such time will have no rights of access, except the
general easement of travel; also excepting one 52' and one 100' access opening in parcel 10 and
one 37' access opening in parcel 12, as shown hereon, and any change of alignment or width
that results in the vacation thereof shall terminate this condition of access rights as to the part
vacated.
B) We hereby reserve a non-exclusive, reciprocal easement for purposes of ingress and egress
over and across all parcels, 1 through 12, inclusive, for the sole benefit of ourselves, our
successors, assignees and parcel owners within this parcel map. This easement shall be limited to
the general easement of travel.
22. An easement for ingress, egress and incidental purposes, recorded October 11, 2000 as
instrument no. 2000-400148 of Official Records.
In Favor of: United States Postal Service
Affects: Parcel A
First Amen'can Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-86923-ATL
Page Number: 12
23. Covenants, conditions, restrictions and easements in the document recorded November 21, 2000
as instrument no. 2000-466111 of Official Records, which provide that a violation thereof shall
not defeat or render invalid the lier of any first mortgage or deed of trust made in good faith and
for value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual
orientation, marital status, ancestry, source of income or disability, to the extent such covenants,
conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section
12955 of the California Government Code. Lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
24.
25.
26.
27.
(Affects Parcel A)
An easement for right of way, public utilities and incidental purposes, recorded July 15, 2001 as
instrument no. 2001-306666 of Official Records.
In Favor of:
Affects:
City of La Quinta
Parcel A
An easement for right of way for public street, public utilities and incidental purposes,
recorded April 13, 2001 as instrument no. 2001-156889 of Official Records.
In Favor of:
Affects:
City of La Quinta
Parcel A
An easement for public utilities and incidental purposes, recorded July 5, 2001 as instrument no.
2001-306665 of Official Records.
In Favor of:
Affects:
City of La Quinta
Parcel B
The terms and provisions contained in the document entitled 'Reimbursement Agreement"
recorded December 31, 2002 as instrument no. 2002-794901 of Official Records. By and
between the City of La Quinta and 111 Venture, LLC
(Affects Parcel A)
28. The terms and provisions contained in the document entitled "Site Development Maintenance
Agreement" recorded July 8, 2003 as instrument no. 2003-507395 of Official Records.
(Affects Parcel A)
28.A A Deed of Trust to secure an original indebtedness of $28,313,000.00 recorded May 15,
2004 as Inst. No. 2004-377440 of Official Records.
Dated: May 19, 2004
Trustor. Fouth Quarter Properties XLIII, LLC,
Trustee: First American Title Insurance Company
Beneficiary: Columbus Bank and Trust Company
The terms and provisions contained in the document entitled "Assignment of Leases and Rents"
recorded May 19, 2004 as Inst. No. 2004-377441 of Official Records.
First American Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-86923-ATL.
Page Number: 13
283 A financing statement recorded May 19, 2004 as Inst. No. 2004-377442 of Official Records.
Debtor: Fourth Quarter Properties XLIII, LLC
Secured parry: Columbus Bank and Trust Company
28.0 A financing statement recorded May 19, 2004 as Inst. No. 2004-377443 of Official Records.
Debtor: Fouth Quarter Properties XLIII, LLC
Secured party: Columbus Bank and Trust Company
29. The following matters disclosed by an ALTA/ACSM survey made by Keith Companies on April 2,
2003, designated Job No. TKC 40768.09: The survey covers the land and reconfigured Lot "B" as
shown on Certificate of Compliance Lot Line Adjustment # 96-230 recorded December 20, 1996
as instrument no. 479502 of Official Records.
30. With respect to Fourth Quarter Properties XLIII, LLC, a limited liability company:
a. A copy of its operating agreement and any amendments thereto;
b. If it is a California limited liability company, that a certified copy of its articles of organization
(LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or
restatement of articles of organization (LLC-10) be recorded in the public records;
c. If it is a foreign limited liability company, that a certified copy of its application for registration
(LLC-5) be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, that such document or instrument be
executed in accordance with one of the following, as appropriate:
(1) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such document must be executed by at
least two duly elected or appointed officers, as follows: the chairman of the board, the president
or any vice president, and any secretary, assistant secretary, the chief financial officer or any
assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one manager
if the limited liability company properly operates with the existence of only one manager.
e. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require.
(Affects Parcel A)
(Affects Parcel A)
(Affects Parcel B)
FirstAmencao Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-86923-ATL
Page Number: 14
INFORMATIONAL NOTES
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 Amencan Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-86923-ATL
Page Number: 15
CONDITIONS
1. DEFINITIONS
(a)"Mortgage" means mortgage, deed of trust or other security instrument.
(b)"Public Records" means title records that give constructive notice of matters affecting the title
according to the state law where the land is located.
2. LATER DEFECTS
The Exceptions in Schedule B - Section Two may be amended to show any defects, liens or
encumbrances that appear for the first time in the public records or are created or attached between the
Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One:
are met. We shall have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existling at Commitment Date are not shown in Schedule B, we may
amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
information and did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met it,
Requirements. If we have any liability to you for any loss you incur because of an error in this
Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment:
when you acted in good faith to:
comply with the Requirements shown in Schedule B - Section One
or
eliminate with our written consent any Exceptions shown in Schedule B - Section Two.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our
liability is subject to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to
the land must be based on this commitment and is subject to its terms.
First American Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-86923-P,TL.
Page Number: 16
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 noticeof 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, daims
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 (1) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof 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 [late
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
wrlting 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 effed: 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
FirstAmen'can Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-86923-ATL
Page Number: 17
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.
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
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 wound disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Ads 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 CIF 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.
1 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.
SCHEDULEB
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 Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-86923-ATL
Page Number: 18
6. AMERICAN LAND TITLE ASSOCIAI
WITH A.L.T.A. ENDORSEMENT
EXCLUSIONS FROM 1
The following matters are expressly excluded from the coverage of this policy and the
expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limits
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or,
any improvement now or hereafter erected on the land; (iii) a separation ii
any parcel of which the land is or was a part; or (iv) environmental proted
governmental regulations, except to the extent that a notice of the enforca
resulting from a violation or alleged violation affecting the land has been r,
(b) Any governmental police power not excluded by (a) above, except to t
defect, lien or encumbrance resulting from a violation or alleged violation
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been n
from coverage any taking which has occurred prior to Date of Policy which
knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but cm
(b) not known to the Company, not recorded in the public records at Date
writing to the Company by the insured claimant prior to the date the insur
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the exten
mortgage over any statutory lien for services, labor or material or the exte
improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if th
4. Unenforceability of the lien of the insured mortgage because of the inabilr
failure of any subsequent owner of the indebtedness, to comply with the i
situated.'
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim
insured mortgage and is based upon usury or any consumer credit protec
6. Any statutory lien for services, labor or materials (or the claim of priority
the insured mortgage) arising from an improvement or work related to th
of Policy and is not financed in whole or in part by proceeds of the indebt
the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the
federal bankruptcy, state insolvency, or similar creditors' rights laws, that
(1) the transaction creating the interest of the insured mortgagee being di
(ii) the subordination of the interest of the insured mortgagee as a result
(iii) the transaction creating the interest of the insured mortgagee being t
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 judo
7. AMERICAN LAND TITLE ASSOC
WITH REGIONAL
When the American Land Title Association policy is used as a Standard Coverage P
in paragraph 6 above are used and the following exceptions to coverage appear in
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay
1. Taxes or assessments which are not shown as existing liens by the reco
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public
land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachme
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in A
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or
records.
B. AMERICAN LAND TITLE
LOAN POLICY - 1992
H 1 COVERAGE
will not pay loss or damage, costs, attorneys' fees or
to building and zoning laws, ordinances, or regulations)
ijoyment of the land; (ii) the character, dimensions or location of
ownership or a change in the dimensions or area of the land or
in, or the effect of any violation of these laws, ordinances or
lent thereof or a notice of a defect, lien or enaimbrance
corded in the public records at Date of Policy;
extent that a notice of the exercise thereof or a notice of a
fecting the land has been recorded in the public. records at Date
in the public records at Date of Policy, but not excluding
be binding on the rights of a purchaser for value without
A, suffered, assumed or agreed to by the insured claimant;
Policy, but known to the insured daimant and not disclosed in
claimant became an insured under this policy;
that this policy insures the priority of the lien of the insured
it insurance is afforded herein as to assessments for street
insured claimant had paid value for the insured mortgage.
or failure of the insured at Date of Policy, or the inability or
�plicable "doing business" laws of the state in which the land is
iereof, which arises out of the transaction evidenced by the
m or truth in lending law.
any statutory lien for services, labor or materials over the lien of
land whidi is contracted for and commenced subsequent to Date
iness secured by the insured mortgage which at Date of Policy
iortgagee insured by this policy, by reason of the operation of
based on:
,med a fraudulent conveyance or fraudulent transfer; or
f the application of the doctrine of equitable subordination; or
emed a preferential transfer except where the preferential
or lien creditor.
LOAN POLICY - 1992
and not as an Extended Coverage Policy the Exclusions set forth
policy.
s, attorneys' fees or expenses) which arise by reason of:
of any taxing authority that levies taxes or assessments on real
but which could be ascertained by an inspection of said
the public records.
s, or any other facts which a correct survey would disclose, and
authorizing the issuance thereof; water rights, claims or title to
furnished, imposed by law and not shown by the public
OWNER'S POLICY- 1992
FirstAme scan Title InsurOnce Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-86923-AFL
Page Number: 19
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 daimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 8 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
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 daims; 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
* improvements on the land
* land division
* 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.
FirstAmeican Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-86923-AT'L
Page Number: 20
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, attomeys' 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 21-1.
5. Failure to pay value for Your title.
6. Lack of a right:
a. to any Land outride 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. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or
expenses which arise by reason of:
First American Title Insurance Company
Form No. 1068-2 Commitment No.: NCS-86923-ATL
ALTA Plain Language Commitment Page Number: 21
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 .and; (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. --his exclusion
does not limit the coverage provided under insuring p,ovisions 14, 15, 16 and 24 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 insuring provisions 14, 15, 16 and 24 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disdose,d 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 (d) does not limit the coverage provided under insuring provisions 7, 8,
16, 17, 19, 20, 21, 23, 24 and 25); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
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:
(a) usury, except as provided under insuring provision 10 of this policy; or
(b) any consumer credit protection or truth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
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:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
8. 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 under insuring provision 7.
9. Lack of priority of the lien of the Insured Mortgage a: 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 under insuring provision 7.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
I. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured
Mortgage when they arise: NONE.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association 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.
First American Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-86923-ATL
Page Number:22
Easements, claims of easement or encumbrances which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to
water.
Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
Part Two:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured
Mortgage when they arise: NONE
First American Title Insurance Company
V
V
Letter of Transmittal
Date: January 27, 2005
To: Stan Sawa
City of La Quinta
Planning Department
CC: File
Re: LLA
We are sending you attached via Delivery as checked below:
❑ For approval [Z For your use ❑ As requested
❑ Other: Recording
Items transmitted:
The Keith Companies, lwc
:
Job No.: 40571.06-200
Project: Chick-Fil-A
❑ For review & comment
Copies
Doc Date
Pages
Description
1
I
1
LLA Package for Recording, including Grant Deed
Remarks:
If you have any questions or require any additional information, please do not hesitate to contact me.
Thank you.
Signed:
Matt Petr out
Project Engineer
(760) 346-9844 (t), (760) 346-9368 (f)
Email: matt.petroni@keithco.com
(\ _ ---7
" jAN 3
'.O';tidUNIT`t Ci;llm iP .,
:.GOARn•Cn,
73733 Fred Waring Drive
Palm Desert
California 92260
t 760.346.9844
t 760.346.9368
wvnv,keithco.com
0iCFP2000140571061docslbansmd*5-01-27 LLA to La Quinta doc
EX-R-MIT "Er
PARCEL MAP NO. 29351
P.M.B. 197/33-36
CORPORATE CENTRE DRIVE
49.50' _�
7
O b
O N
2
PARCEL "B"
LLA 96-230
INST.. NO.
479502 0. R.
REC. 12120196
N35'33'47"W
57.14'
� 4sr• �
CURVE DATA
SHEET 1 OF 1
N0.
RADIUS
DELTA
ARC
C7
200.00'
14'0852"
49.J8'
C2
2430.00'
11 *01 *24'
467.52'
C3
2430.00'
08-5648"
379.44'
C4
2430.00'
02'04 37"
88.08'
N73'02'0I "W I
78.41'
PARCEL 'B"
15.42 AC
PARCEL 10 e* 070 o I
=4, N82'J708"W 198.75' =W NOf'7T77"W I
P.O.B.
— , s TAT=
LAND
N0. 6697
PARCEL 11
y
° N82'13'54"W
/ 6.60'
9/
PARCEL 12
NOTE. THIS LOT LINE ADJUSTMENT DOESN'T
AFFECT OR SUP£RCEDE ANY EXISTING
EASEMENTS ON THE PROPERTY
NEW LOT LINE
Exp. 06/30/06
EXISTING LOT LINE
TO REMAIN
OF CAO!
EXISTING LOT LINE
TO BE DELETED
SCALE: 1" = 200'
LOT LINE ADJUSMNT 04- ��3
PREPARED UNDER THE
SUPERVISION OF., The Keith Companies
DEAN J. PAL UMBO, P.L.S. 6697 DATE
r —= Aid lardy A� MA M
Alm A&wf. CA ALMO /1rOj jw—w4
TKC 1 40571.06
Page I of I
Stan Sawa
From: Stan Sawa
Sent: Tuesday, December 14, 2004 11:44 AM
To: angela.dorl@keithco.com'
Cc: Brian Ching
Subject: LLA 2004-423 (Thomas Enterprises)
Angela, Public Works Department has indicated that this application is merging three parcels into two as well as adjusting
parcels. To merge and adjust parcels as proposed, a Parcel Merger application is also needed. Should you have any questions,
contact me at 777-7064 or Brian Ching (Eng. Dept.) at 777-7044. Thanks, Stan
I
12/14/2004
i
SHEET 1 OF 1]
PARCEL MAP NO. 29351
P.M.B. 197/33-36
CORPORATE CENTRE DRIVE
N89'4324"E 3ff.70'
N44'43'24"E
49.50'
PARCEL "B"
h
b^
� O h
2
u~e
LLA 96-230
ci� u%
1NST.. NO.
CURVE DATA
NO.
RADIUS
DELTA
ARC
Cl
200.00'
f 4'08 52"
49.38'
C2
2430.00'
110124"
467.52'
C3
2430.00'
08'5648"
379.44'
C4
2430.00'
02'04 37"
88.08,
N89'43 240E
548.44'
0 479502 O.R. I PARCEL 'B"
e0 2 REC. 12120196 I 15.42 AC
Q I
PARCEL 10
I
I �
N35*33'4rW 1 a N82'J708-W 298. JS
5714•
NJ6- C
1 1.01 AC
4\� _ •` \P.O.B. C4 20p,15• \/
0 LAND -
�
J. PqeG
No. 6697
Exp. 06/30/06
E OF
6101-17
TJ _ 1
N89'43 580E
313.55,
PARCEL 11
y
N82.1 54"W
N00'f32!
40.01'
�o� 93• _ _ PARCEL 12
me
_ — ..µ,_ 4BJ. 2
NOTE., THIS LOT LINE ADJUSTMENT DOESN'T
AFFECT OR SUPERCEDE ANY EXISTING
EASEMENTS ON THE PROPERTY
NEW LOT LINE
EXISTING LOT LINE
TO REMAIN
EXISTING LOT LINE
TO BE DELETED
SCALE: 1' - 200'
IDT LLLlSi ADJM i I a 04—
PREPARED UNDER THE
SUPERVISION OF The Keith companies
"-0W Rod R•ti1I i. Rh /W
AmAU AWWX CJ MW (MR) .fir-wu
DEAN J. PALUMBO, P.L.S. 6697 DATE TKC / 40571.06
12/23/2004 12.21 FPX 1607771233 LA QUINT,A COMM. DEV. Q 001
**+ TX REPORT ***
*xz*sx**xxz*xz*****s*
TRANSMISSION OK
TH/RP NO 2318
DESTINATION TEL « 93469368
DESTINATION ID TKC Palm Desert
ST. TIME 12/23 12:17
TIME USE 04'13
PAGES SENT 12
RESULT OK,
FAX TRANSMITTAL
City of La Quinta
Community Development Department•
cFM of 9� 78-495 Calle Tampico
La Quinta, California 92253
Phone: 760-777-7125
Fax 760-777-1233
.•..•..•..•..•..•..•....•..•..•..•..•..•..•..•..•..•..•..•..•..•.•..•..•..•..•..•..•..••♦••.••...•..•♦.•. ••..•..•. ••♦♦•♦.•.••♦.•..•..• .•♦.•..•..•.♦••♦•.
• • • ♦ ♦ • • • ♦ • ♦ ♦ • • . . . • • ♦ ♦ O • • . ♦ • ♦ ♦ ♦ • ♦ • . • • • • ♦ . • • • • ••♦ ♦ . .
TO:l�_.
�c
FROM: isErNY1 sa"
DATE:��3
FAX NO. S4k0 —C13&9
FAX NO'. (760)777-1233
Page 1 of
.;♦♦• ♦OPT♦♦�♦••• +-*e+♦ 4.b++♦•*+♦.-+••#404••:••.••�••• •�♦QO�d�♦9••••••4.••*O#♦•"O e4-11- *0�0�♦O♦>D♦.O♦+elee-•+♦•• •••••.•.
Continents: QC2 L ofoF .L� f►A �i' WVCI(� �1B/1��5 `�'�- GA
G
Page 1 of 1
Stan Sawa
From: Angela Dorf [Angela. Dorf@KEITHCO.COM]
Sent: Thursday, December 23, 2004 11:08 AM
To: Stan Sawa
Subject: RE: LLA 2004-423 Thomas Enterprises
Thank you Stan. Have a great holiday. See you next year.
Angela
-----Original Message -----
From: Stan Sawa [mailto:ssawa@la-quinta.org]
Sent: Thursday, December 23, 2004 11:02 AM
To: Angela Dorf
Subject: LLA 2004-423 Thomas Enterprises
Angela,
On Dec 21, 1 sent you an approval letter for this LLA. I jumped the gun. Brian just gave me corrections that are needed
for this LLA. Please accept this as a retraction of the approval. I will fax the comments to you today. May the corrections
and I will approve the new exhibits when submitted to me. I apologize for any inconvenience this may cause. I will be
gone next week but will be able to approve when I get back. Stan.
1 /5/2005
FAX TRANSMITTAL
City of La Quinta
Community Development Department-
78-495 Calle Tampico
La Quinta, California 92253
Phone: 760-777-7125
Fax : 760-777-1233
....................................................
.,..,..,..,.,,.,,..,.,,..,.,,..,..,,.,.,,,,,.,,..,..,..,..,,,,.,,,,,..,.,,.,,.,,.,,..,.,,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,.
FROM: YYVY� SaVA
DATE:l�-
Comments:
cr, LA)-liCks
4z3
FAX NO. 34G `q 3&'0
FAX NO. (760) 777-1233
Page 1 of
If you did not receive all pages of this document, please call (760) 777-_—
MAILING ADDRESS: P O BOX 1504, LA QUINTA, CALIFORNIA 92253
F1Fax. wpd
C' {'� I-L—A <D� —L o-3
RECORD)NG REQUESTED BY:
WHEN RECORDED NAM DOCUMENT AND
TAX STATEMENT TO:
APN;
The undersigned grantor(s) declare(s)
J
C
/ i 11
,
nACCAa TcMn4reaa¢aaaOIM . 1
GRANT DEED l,ay -�5. ;,
Documentary transfer tax is $ City tax S
{ } computed on full value of property conveyed, or
{ } computed on full value less value of liens or encumbrances remaining at time of sale, or
() Unincorporated Area City of
FOR A VALUABLE CONSIDERATION, receipt of which is hereby admowledged,
The undersigned grantor
hereby GRANT(S) to Fourth, Quarter Properties XLM, LLC, a Georgia limited liability
company
the following described real property in the City of
County of RIVERSIDE State of California:
SEE EXHIBIT "A" AND EXHDIIT "B" ATTACHED HERETO AND MADE A PART MFXEOF BY REFERENCE.
NOTE: This grant deed implements the revised lot configurations pursuant to Lot Line Adjustment 04- as approved by the City of La
Quin a. All property subject to this lot line adjustment is owned by a single entity, hence ownershy, conveyance is a nonessential
secondary function of this deed. The primary function of the deed is to provide constructive notice of the revised lot cooftguratimu
pursuant to Government Code Section 66512(d), and to perfect the intent of the Lot Line Adjustment 04 = as approved.
GRANTOR:
FOURTH QUARTER PROPERTIES XLM, LLC, a
Georgia limited liability company
%( s�fi BY: i f ' �` ✓ ----- (SEAL)
7E.THOMAS,MANAGER
f00045917:r.)
DATED: 1 �[ 5 kA
STATE OFCkiW4)RRtA—
COUNTY OF
ON before me__
personally appeared
Personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose names) is/are subscribed to the
within instrument and acknowledged to me that belsbelibry executed
the same in bis/berltheir authorized capacity(ies), and that by
his/her#heir signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the sustrument.
Witness my hand and official seal,
Signature "]
i
MAIL TAX STATEMENT AS DDiECTED ABOVE
(00045917=v}
,t%%11111llq
•�"' -t�- �' EOI
U 1 NOTAFW
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-XXX
LEGAL DESCRIPTION
EXISTING PARCEL "A"
PARCEL 10 OF PARCEL MAP NO. 29351 AS SHOWN IN PARCEL MAP BOOK 197,
PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF
CALIFORNIA.
Page 1 of 5
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-XXX
LEGAL DESCRIPTION
ADJUSTED PARCEL "A"
A PORTION OF PARCEL 10 OF PARCEL MAP NO. 29351 AS SHOWN IN BOOK 197 OF
PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE:
COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF PARCEL 12 OF SAID
PARCEL MAP NO. 29351, ALSO BEING A POINT ON THE NORTHERLY RIGHT OF WAY
OF STATE HIGHWAY I I I AS SHOWN ON SAID PARCEL MAP NO. 29351;
11
THENCE NORTH 82017'08" WEST 230.93,FEET TO THE POINT OF BEGINNING;
THENCE NORTH 18048'54" EAST 57.34 FEET j
S Wiz_
THENCE NORTH 10020' 10" EAST 92.65 FEET;
THENCE NORTH 82017'08" WEST 298.15 FEET;
THENCE SOUTH 09047'29" WEST 147.32 FEET TO SAID NORTHERLY RIGHT OF WAY
OF STATE HIGHWAY 111, BEING A POINT ON A NON -TANGENT CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 2430.00 FEET, A LINE RADIAL TO SAID
CURVE AT SAID POINT BEARS NORTH 09047'29" EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
OF 88.08 FEET, THROUGH A CENTRAL ANGLE OF 02°04'37';
THENCE SOUTH 82017'08" EAST 200.15 FEET TO THE POINT OF BEGINNING.
SAID DESCRIBED PARCEL "A" CONTAINS 1.01 ACRES, MORE OR LESS.
FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Prepared under the supervision of
LAND SC
Date:
Dean J. Palumbo, P.L.S. #6697
Expires 06/30/06 No. 6697
THE KEITH COMPANIES, INC.
73-733 Fred Waring Drive, Suite 100
Palm Desert, CA 92260 Exp. 06�30/D6
(760) 346-9844
F
Page 2 of 5
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-XXX
LEGAL DESCRIPTION
EXISTING PARCEL "B"
PARCEL 1 I OF PARCEL MAP NO. 29351 AS SHOWN IN PARCEL MAP BOOK 197,
PAGES 33 THROUGH 36, INCLUSIVE, TOGETHER WITH PARCEL `B" OF LLA 96-230
RECORDED DECEMBER 20, 1996 AS INSTRUMENT NO. 479502, OFFICIAL RECORDS
OF RIVERSIDE COUNTY, STATE OF CALIFORNIA.
Page 3 of 5
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-XXX
LEGAL DESCRIPTION
ADJUSTED PARCEL `B"
PARCEL 11 AND THAT PORTION OF PARCEL 10 OF PARCEL MAP NO. 29351 AS
SHOWN IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE,
TOGETHER WITH PARCEL `B" OF LLA 96-230 RECORDED DECEMBER 20, 1996 AS
INSTRUMENT NO.479502, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 12 AS SHOWN ON
SAID PARCEL MAP NO. 29351, ALSO BEING A POINT ON THE NORTHERLY RIGHT OF
WAY OF STATE HIGHWAY 111 AS SHOWN ON SAID PARCEL MAP NO. 29351;
THENCE NORTH 00014' 17" EAST 141.05 FEET ALONG THE EASTERLY LINE OF SAID
PARCEL 10 TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 11, BEING THE
BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A
RADIUS OF 200.00 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS
SOUTH 0101 T 17" EAST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 71.51
FEET, THROUGH A CENTRAL ANGLE OF 20029'07" TO THE BEGINNING OF A
REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 200.00 FEET,
A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 19'11'50" EAST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 49.39
FEET, THROUGH A CENTRAL ANGLE OF 14008'52' ;
THENCE NORTH 84057'02" WEST 192.83 FEET TO THE WESTERLY LINE OF THAT
CERTAIN PARCEL OF LAND CONVEYED TO THE CITY OF LA QUINTA BY
DOCUMENT RECORDED JULY 8, 2003 AS INSTRUMENT NO. 2003-507394, OFFICIAL
RECORDS OF SAID COUNTY;
THENCE ALONG SAID WESTERLY LINE NORTH 00013'25" WEST 40.01 FEET TO THE
NORTHWESTERLY CORNER OF SAID INSTRUMENT NO. 2003-507394;
THENCE SOUTH 82013'54" EAST 6.60 FEET ALONG THE NORTHERLY LINE OF SAID
INSTRUMENT NO. 2003-507394 TO THE EASTERLY LINE OF SAID PARCEL 11;
THENCE NORTH 00013'25" WEST 414.40 FEET ALONG SAID EASTERLY LINE TO THE
NORTHEASTERLY CORNER OF SAID PARCEL 11;
THENCE SOUTH 89043'58" WEST 313.55 FEET ALONG THE NORTHERLY LINE OF
SAID PARCEL 11 TO THE NORTHEASTERLY CORNER OF SAID PARCEL 10;
THENCE NORTH 73002'01" WEST 78.41 FEET ALONG THE NORTHERLY LINE OF SAID
PARCEL 10;
THENCE SOUTH 89043'24" WEST 548.44 FEET ALONG SAID NORTHERLY LINE, TO
THE NORTHWESTERLY CORNER OF SAID PARCEL 10;
Page 4 of 5
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-XXX
LEGAL DESCRIPTION
THENCE NORTH 00004'58" EAST 276.73 FEET TO A POINT ON THE SOUTHERLY
RIGHT OF WAY OF CORPORATE CENTRE DRIVE AS SHOWN ON SAID PARCEL MAP
NO. 29351;
v
THENCE SOUTH 89043'24" WEST 311.70 FEET ALONG SAID SOUTHERLY RIGHT OF
WAY;
THENCE SOUTH 44043'24" WEST 49.50 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY OF ADAMS STREET AS SHOWN ON SAID PARCEL MAP NO. 29351;
THENCE SOUTH 00016'36" EAST 597.14 FEET ALONG SAID EASTERLY RIGHT OF
WAY;
THENCE SOUTH 35033'47"EAST 57.14 FEET TO THE BEGINNING OF A NON -TANGENT
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 2430.06, BEING A POINT
ON THE NORTHERLY RIGHT OF WAY OF SAID HIGHWAY 111, A LINE RADIAL TO
SAID CURVE AT SAID POINT BEARS NORTH 18044' 16" EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
_7 �y 0F379.44)FEET, THROUGH A CENTRAL ANGLE OF 08°56'48", A LINE RADIAL TO
SAID CURVE AT SAID POINT BEARS SOUTH 09047'29" WEST;
THENCE RADIAL TO SAID CURVE NORTH 09047'29" EAST 147.32 FEET;
�j
( THENCE SOUTH 82017'08" EAST 298.15 FEET;
THENCE SOUTH 10020' 10" WEST 92.65 FEET;
THENCE SOUTH 18048'54" WEST 57.34 FEET TO A POINT ON SAID NORTHERLY
RIGHT OF WAY OF STATE HIGHWAY 111;
THENCE ALONG SAID RIGHT-OF-WAY SOUTH 82017'08" EAST 280.93 FEET TO THE
POINT OF BEGINNING.
SAID DESCRIBED PARCEL `B" CONTAINS 15.42 ACRES., MORE OR LESS.
FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Prepared under the supervision of.
Date:
Dean J. Palumbo, P.L.S. #6697
Expires 06/30/06
THE KEITH COMPANIES, INC.
73-733 Fred Waring Drive, Suite 100
Palm Desert, CA 92260
(760) 346-9844
T,
Pq���oLF�
No. 6697
Exp. 06/30/06
Page 5 of 5
EMMMa a "B"
PARCEL MAP NO. 29351
P.M.B. 197/33-36
CORPORATE CENTRE DRIVE
PARCEL "B"
LLA 96-230
INST. NO.
479502 O.R.
REC. 12120196
NJ5' 33'47"W
57 14'
i7c Z,-' r
CURVE DATA
SHEET 1 OF 1
NO.
RADIUS
DELTA
ARC
C7
200.00'
f 4'OB 52"
49.38'
C2
2430.00'
11'Ol'24"
467.52'
C3
2430. 00'
08'56'48"
3J9.44
C4
2430.00'
02'04'37'
88.08'
548.44'
N73 02 01 "W
78.41'
PARCEL 'S" i
15.42 AC
PARCEL 10 \��2 00
?y, 0.
`si. 0-11
iv ..at 7708"W ,
ryryp
\Qp� ' 200IS'
N8277 0'
r� l ST=wAY
LAND S
p� No. 6697 �O
Exp. 06/30/06
OF
:W N0177'I_Tµ.
PARCEL I
ti
�y
MI N82'1354"
NJ a srn
N00'l
PARCEL 12
INOTE.- THIS LOT LINE ADJUSTMENT DOESN'T
AFFECT OR SUPERCEDE ANY EXISTING
EASEMENTS ON THE PROPERTY
NEW LOT LINE
O
h
s
`i • ' EXISTING LOT LINE
v c o TO REMAIN
i'
r _ _ EXISTING LOT LINE
TO BE DELETED SCALE: lm = 200
IAT LINE ADJIISMNT 04—IM
PREPARED UNDER THE
SUPERVISION OF.' The Keith Companies dom
7J-TJJ had Fw*w A, STa AM
Adn A &W4 C/ SUM /MOJ JIM-W4
DEAN J. PALUMBO, P.L.S. 6697 DATE TKC / 40571.06
Project: CHICK-FIL-A
Friday November 5, 2004
Description: LLA
Number of Lots: 2
Report Created by: A. DORF
Northing
Easting
Direction
Distance
PARCEL "A"2
---------------------
Courses: 6
661177.9828
2011845.9465
N 09047128.75" E
147.3215'
661323.1583
2011871.0001
S 82017108.10" E
298.1515'
661283.1358
2012166.4532
S 10020109.94" W
92.6493'
661191.9900
2012149.8298
S 18048154.43" W
57.3416'
661137.7125
2012131.3363
N 82017108.10" W
200.1472'
661164.5794
2011933.0005
Radius Pt:
(663572.5866)
(2012259.1929)
Delta: 02004136.85"
Radius: 2430.00'
Length: 88.0846'
Tangent: 44.0471'
N07042152"E(R-IN)
S09°47129"W(R-OUT)
661177.9828
2011845.9465
Perimeter: 883.69
Area: 43980.73
Sq. Ft., 1.01
Acres
Error of Closure:
S 85018118" W
0.004'
Error North: -0.000
Error East: -0.004
Precision: 1 in 212735
Northing
Easting
Direction
Distance
----------------------------------------------------------------
PARCEL "B"4
Courses: 21
661656.1747
2012725.5783
S 00013124.70" E
414.3984'
661241.7795
2012727.1950
N 82013153.78" W
6.5994'
Page 1 of 3
0:\CFP2000\4057106\drawings\survey\LLA\4057106.mck
661242.6715
2012720.6561
S 00013'24.70" E
40.0063'
661202.6655
2012720.8122
N 84057'01.78" W
192.8290'
661219.6376
2012528.7316
Radius Pt:
(661418.8615)
(2012546.3349)
Delta: 14008'51.56"
Radius: 200.00'
Length: 49.3846'
Tangent: 24.8185'
NO5002'58"E(R-IN)
S19011150"W(R-OUT)
661229.9829
2012480.5709
Radius Pt:
(661041.1044)
(2012414.8070)
Delta: 20029106.62"
Radius: 200.00'
Length: 71.5067'
Tangent: 36.1392'
S19011150"W(R-IN)
NO1°17117"W(R-OUT)
661241.0539
2012410.3113
S 00014116.54" W
141.0536'
661100.0015
2012409.7256
N 82017108.10" W
280.9319'
661137.7125
2012131.3363
N 18048154.43" E
57.3416'
661191.9900
2012149.8298
N 10020109.94" E
92.6493'
661283.1358
2012166.4532
N 82017108.10" W
298.1515'
661323.1583
2011871.0001
S 09047128.75" W
147.3215'
661177.9828
2011845.9465
Radius Pt:
(663572.5866)
(2012259.1929)
Delta: 08056'47.56"
Radius: 2430.00'
Length: 379.4363'
Tangent: 190.1046'
N09047129"E(R-IN)
S18°44116"W(R-OUT)
661271.3810
2011478.5824
N 35033146.97" W
57.1392'
661317.8623
2011445.3503
N 00016135.72" W
597.1432'
661914.9986
2.011442.4677
N 44043124.28" E
49.4975'
Page 2 of 3
0:\CFP2000\4057106\drawings\survey\LLA\4057106.mck
661950.1672
2011477.2983
N 89043'24.28" E
311.6985'
661951.6718
2011788.9932
S 00004'58.10" W
276.7254'
661674.9467
2011788.5933
N 89043'24.28" E
548.4428'
661677.5942
2012337.0297
S 73002'00.67" E
78.4123'
661654.7126
2012412.0291
N 89043'58.14" E
313.5526'
661656.1747
2012725.5783
Perimeter: 4404.22
Area: 671792.19
Sq. Ft.,
15.42 Acres
Error of Closure: S
64032112" W
0.007'
Error North: -0.003
Error East: -0.007
Precision: 1 in 591726
Page 3 of 3
0:\CFP2000\4057106\drawings\survey\LLA\4057106.mck
t
P.O. Box 1504
LA QUINFA, CAIAFOBNI.A 92247-1504
78-495 CALI.e TAMPICO (760) 7 7 7 - 7 0 0 0
LA QUINIA, CALIFORNIA 92253 FAX (760) 777-7101
December 21, 2004
Ms. Angela Dorf
The Keith CompaniesL !
73-733 Fred Waring Drive, Suite 100
Palm Desert, CA 92260
Subject: Lot Line Adjustment 2004-423 (T
Dear Ms. Dorf;
The Community Development Department has approved youruest for a
lot line adjustment on Highway 111 in the Pavilion project. En csed is the
approved original Grant Deed and exhibits for this adjustment. All of the
original approved documents are to be recorded with the County Recorder
with a recorded copy given to us for our files. Until the recorded copy is
received, our Lot Line Adjustment file is not complete. Attached is a letter
addressed to the County Recorder for you to present to them indicating that
we have approved this lot line adjustment.
Should you have any questions, please contact me at 760 777-7064.
VERY TRULY YOURS,
1 /5A T(,
STAN SAWA
Principal Planner
Encl.
C: Public Works Department
Thomas Enterprises
P:\stan\sp 03-066\11a 2004-423 Itr app.doc
I
P.O. Box 1504
LA QUIN IN, CALIFORNIA 92247-1504
7 8 - 4 9 5 CAL1,11 TANfPI1 0 (760) 7 7 7 - 7 0 0 0
LA QUINIr , C,1IJF0RNIA 92253 FAX (760) 777-7101
December 21, 2004
County Recorder
County of Riverside
Post Office Box 751
Riverside, Calif. 92502
Subject: Recording of Lot Line Adjustment 2004-423
To Whom It Concerns:
The City of La Quinta has approved the above noted Lot Line Adjustment in La
Quinta. Please allow its recording as presented by Mr. Thomas or his
representative.
Should you have any questions, please call me at (760) 777-7064.
Very truly yours,
STAN B. SAWA
Principal Planner
sbs
c: Ms. Angela Dorf, The Keith Companies
PAmnAsp 03-066A11a 2004-42', co red.doc
J
RECORDING REQUESTED BY -
WHEN RECOROW MAIL DOCUMNT AND
TAX STATEMENT TO:
APN: GRANT DEED
The undersigned grantor($) declare(s)
nAr¢Aapran,6 LaetSOaamm�m$R¢A
Documentary transfer tax its S City tax S
} computed on full value of property conveyed, or
{ } computed on full value less value of liens or encumbrances remaining at time of We. or
{ } Unincorporated Area City of
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The undersigned grantor
hereby GRANT(S) to Fourth, Quarter Properties XLM, LLC, a Georgia limited liability
company
the following described real property in the City of
County of RIVERSIDE State of California:
SEE F-iMIT "A" AND EXHDIIT "B" ATTACHED HERETO AND MADE A PART IrMOF BY REFERENCE,
NOTE: This grant deed implement; the revised lot configurations pursuant to Lot Line Adjustment 04--+I!t as approved by the City of La
Quhda. All property subject to this lot line adjustment is owned by a single eutity, 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 configtuatfans
pursuant to Government Code Section 66512(d), and to perfect the intent of the Lot Line Adjustment 04-4%:3 as approve&
fte'-f7\_iY�LO t77
FOURTH QUARTER. PROPERTIES XLIII, LLC, a
Georgia limited liability company
��� sue-,
B` ! % ` -- (SEAL)
STANLE E. THOMAS, MANAGER
t
{00045917:r.)
U
E
DATED: l \ [ 5 ` )4
STATE OF
COUNTY OF v 7 T Fi
ON before me..
c Div `� C T Nc Cw k� S personally appeared
Personally lmown to me (or proved to me on the basis of satisfactory
evidence) to be the person whose nanre(s) Wart subscribed to the
within instrument and aclmowledged to me that he/sbeithey executed
the same in hislber/their authorized capaeity(iea), and that by
ws/heelthwr signature(s) on the instrument theperson(s), or the entity
upon behalf of which the person(s) acted, executed the Instrument.
100045917:v.1
EXHIBIT "A"
LOT LINE ADJUSTMENT 04-423
LEGAL DESCRIPTION
EXISTING PARCEL "A"
PARCEL 10 OF PARCEL MAP NO. 29351 AS SHOWN IN PARCEL MAP BOOK 197,
PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF
CALIFORNIA.
Page 1 of 5
® EXHIBIT "A"
LOT LINE ADJUSTMENT 04-9v,
LEGAL DESCRIPTION
ADJUSTED PARCEL "A"
A PORTION OF PARCEL 10 OF PARCEL MAP NO. 29351 AS SHOWN IN BOOK 197 OF
PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE
COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF PARCEL 12 OF SAID
PARCEL MAP NO. 29351, ALSO BEING A POINT ON THE NORTHERLY RIGHT OF WAY
OF STATE HIGHWAY I 1 I AS SHOWN ON SAID PARCEL MAP NO. 29351;
THENCE NORTH 82017'08" WEST 230.93 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 18048'54" EAST 57.34 FEET;
THENCE NORTH 10020' 10" EAST 92.65 FEET;
THENCE NORTH 82017'08" WEST 298.15 FEET;
THENCE SOUTH 09047'29" WEST 147.32 FEET TO SAID NORTHERLY RIGHT OF WAY
OF STATE HIGHWAY 111, BEING A POINT ON A NON -TANGENT CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 2430.00 FEET, A LINE RADIAL TO SAID
CURVE AT SAID POINT BEARS NORTH 09047'29" EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
OF 88.08 FEET, THROUGH A CENTRAL ANGLE OF 02°04'37;
THENCE SOUTH 82017'08" EAST 200.15 FEET TO THE POINT OF BEGINNING.
SAID DESCRIBED PARCEL "A" CONTAINS 1.01 ACRES, MORE OR LESS.
FOR GRAPHICAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Prepared under the supervision of:
LAND s
Date:
Dean J. Palumbo, P.L.S. #6697 o
Expires 06/30/06 No. 6697
THE KEITH COMPANIES, INC.
73-733 Fred Waring Drive, Suite 100 Exp. 06/30/06
Palm Desert, CA 92260
(760) 346-9844
qTF OF CND
LOT LINE ADJUSTMENT No.
2004- 413
APPROVED BY CITY OF LA OUINTA
COMMUNITY DEVELOPMENT DEPA TMENTPage 2 of 5
BY SDIMI In DATE 13 1I Iu4_
Exhibit rt
® EXHIBIT "A"
LOT LINE ADJUSTMENT 04- 4v3
LEGAL DESCRIPTION
EXISTING PARCEL `B"
PARCEL I 1 OF PARCEL MAP NO. 29351 AS SHOWN IN PARCEL MAP BOOK 197,
PAGES 33 THROUGH 36, INCLUSIVE, TOGETHER WITH PARCEL `B" OF LLA 96-230
RECORDED DECEMBER 20, 1996 AS INSTRUMENT NO. 479502, OFFICIAL RECORDS
OF RIVERSIDE COUNTY, STATE OF CALIFORNIA.
Page 3 of 5
® EXHIBIT "A" LOT&E ADJUSTMENT No. lf:;L 3
LOT LINE ADJUSTMENT 04- 423
LEGAL DESCRIPTION APPROVED BY CITY OF LA OUINTA
COMMUNITY DEVELOPMENT DEPA TMEP
BY 'S;'AY1 -5AKJA DATE 12u�
ADJUSTED PARCEL `B" Exhibit A
PARCEL 11 AND THAT PORTION OF PARCEL 10 OF PARCEL MAP NO.29351 AS
SHOWN IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE,
TOGETHER WITH PARCEL `B" OF LLA 96-230 RECORDED DECEMBER 20, 1996 AS
INSTRUMENT NO.479502, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 12 AS SHOWN ON
SAID PARCEL MAP NO. 29351, ALSO BEING A POINT ON THE NORTHERLY RIGHT OF
WAY OF STATE HIGHWAY 111 AS SHOWN ON SAID PARCEL MAP NO. 29351;
THENCE NORTH 00014' 17" EAST 141.05 FEET ALONG THE EASTERLY LINE OF SAID
PARCEL 10 TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 11, BEING THE
BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A
RADIUS OF 200.00 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS
SOUTH 01017' 17" EAST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 71.51
FEET, THROUGH A CENTRAL ANGLE OF 20029'07" TO THE BEGINNING OF A
REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 200.00 FEET,
A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 19011'50" EAST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 49.39
FEET, THROUGH A CENTRAL ANGLE OF 14008'52';
THENCE NORTH 84057'02" WEST 192.83 FEET TO THE WESTERLY LINE OF THAT
CERTAIN PARCEL OF LAND CONVEYED TO THE CITY OF LA QUINTA BY
DOCUMENT RECORDED JULY 8, 2003 AS INSTRUMENT NO. 2003-507394, OFFICIAL
RECORDS OF SAID COUNTY;
THENCE ALONG SAID WESTERLY LINE NORTH 00013'25" WEST 40.01 FEET TO THE
NORTHWESTERLY CORNER OF SAID INSTRUMENT NO. 2003-507394;
THENCE SOUTH 82013'54" EAST 6.60 FEET ALONG THE NORTHERLY LINE OF SAID
INSTRUMENT NO. 2003-507394 TO THE EASTERLY LINE OF SAID PARCEL 11;
THENCE NORTH 00013'25" WEST 414.40 FEET ALONG SAID EASTERLY LINE TO THE
NORTHEASTERLY CORNER OF SAID PARCEL 11;
THENCE SOUTH 89043'58" WEST 313.55 FEET ALONG THE NORTHERLY LINE OF
SAID PARCEL I 1 TO THE NORTHEASTERLY CORNER OF SAID PARCEL 10;
THENCE NORTH 73002'01" WEST 78.41 FEET ALONG THE NORTHERLY LINE OF SAID
PARCEL 10;
THENCE SOUTH 89043'24" WEST 548.44 FEET ALONG SAID NORTHERLY LINE, TO
THE NORTHWESTERLY CORNER OF SAID PARCEL 10;
Page 4 of 5
® EXHIBIT "A"
LOT LINE ADJUSTMENT 04-423
LEGAL DESCRIPTION
THENCE NORTH 00004'58" EAST 276.73 FEET TO A POINT ON THE SOUTHERLY
RIGHT OF WAY OF CORPORATE CENTRE DRIVE AS SHOWN ON SAID PARCEL MAP
NO.29351;
THENCE SOUTH 89`43'24" WEST 311.70 FEET ALONG SAID SOUTHERLY RIGHT OF
WAY;
THENCE SOUTH 44043'24" WEST 49.50 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY OF ADAMS STREET AS SHOWN ON SAID PARCEL MAP NO. 29351;
THENCE SOUTH 00016'36" EAST 597.14 FEET ALONG SAID EASTERLY RIGHT OF
WAY;
THENCE SOUTH 35°33'47"EAST 57.14 FEET TO THE BEGINNING OF A NON -TANGENT
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 2430.00, BEING A POINT
ON THE NORTHERLY RIGHT OF WAY OF SAID HIGHWAY 111, A LINE RADIAL TO
SAID CURVE AT SAID POINT BEARS NORTH 18044' 16" EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
OF 379.44 FEET, THROUGH A CENTRAL ANGLE OF 08°56'48", A LINE RADIAL TO
SAID CURVE AT SAID POINT BEARS SOUTH 09047'29" WEST;
THENCE RADIAL TO SAID CURVE NORTH 09047'29" EAST 147.32 FEET;
THENCE SOUTH 82"17'08" EAST 298.15 FEET;
THENCE SOUTH 10`20' 10" WEST 92.65 FEET;
THENCE SOUTH 18°48'54" WEST 57.34 FEET TO A POINT ON SAID NORTHERLY
RIGHT OF WAY OF STATE HIGHWAY 111;
THENCE ALONG SAID RIGHT-OF-WAY SOUTH 82017'08" EAST 280.93 FEET TO THE
POINT OF BEGINNING.
SAID DESCRIBED PARCEL `B" CONTAINS 15.42 ACRES., MORE OR LESS.
FOR GRAPHICAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Prepared under the supervision of:
Date:
Dean J. Palumbo, P.L.S. #6697
Expires 06/30/06
THE KEITH COMPANIES, INC.
73-733 Fred Waring Drive, Suite 100
Palm Desert, CA 92260
(760)346-9844
1 0 LAND S6
No. 6697
\Exp. 06/30/06'
STyTF OF
Page 5 of 5
Aft
Li u
EXHMIT "B" -
PARCEL MAP NO. 29351
P.M.B. 19715J-36
CORPORATE CENTRE DRIVE
N89.43241311. 70'
fir_--T CURUF DATA
PARCEL "B"
LLA 96-230
INST. NO.
479502 0. R.
REC. 12120196
N35'33'47-W
57.14'
IAND S
No. 6697
SHEET 1 OF 11
NO.
RADIUS
DELTA
ARC
C 1
200. DO'
14'08 52"
49.38'
C2
2430.00'
11'Ol'24"
467.52'
C3
2430.00'
08'5648"
379.44'
C4
2430.00'
02'04'37"
88.08,
N89'43 24 "E
548.44'
N73'02'01 "W
78.41'
PARCEL 'S"
15.42 AC
�r I
PARCEL 10 �'7,, 1 o o
1.01 AC
P. 0.8.
ST_ qT==w,4Y
NOI'1T17"1y
PARCEL 11
ti
�y
:5 N82'1354"
�I 6.60,
N00'1325"W
\�I 40.01'
" ' N84 57 O D
Nl8'48 54"
5�34, 3 PARCEL 12
a1.oa•
PA
cEL
e"
NOTE.- THIS LOT LINE ADJUSTMENT DOESN'T
AFFECT OR SUPERCEDE ANY EXISTING
EASEMENTS ON THE PROPERTY
NEW LOT LINE
Exp. 06/30/06)-:Vj
EXISTING LOT LINE
TO REMAIN
EX/STING LOT LINE
TO BE DELETED
SCALE: 1" = 200'
LOT LINE ADJUSTMENT 04— 4 2s
PREPARED UNDER THE
SUPERVISION OF The Keith Companies
DEAN J. PAL UMBO, P.L.S. 6697 DATE
/Ahw LWK CA AINA (Nv) &v_w4
TKC 1 40571.06
Page 1 of I
Stan Sawa
From: Stan Sawa
Sent: Tuesday, December 14, 2004 11:44 AM
To: angela.dorf@keithco.com'
Cc: Brian Ching
Subject: LLA 2004-423 (Thomas Enterprises)
Angela, Public Works Department has indicated that this application is merging three parcels into two as well as adjusting
parcels. To merge and adjust parcels as proposed, a Parcel Merger application is also needed. Should you have any questions,
contact me at 777-7064 or Brian Ching (Eng. Dept.) at 777-7044. Thanks, Stan
12/14/2004
®
41hYiday
Project: CHICK-FIL-A
November
5, 2004
Description: LLA
Number of Lots: 2
Report Created by: A. DORF
Northing
Easting
Direction
Distance
PARCEL "A"2
--
---------
Courses: 6
661177.9828
2011845.9465
N 09047128.75" E
147.3215'
661323.1583
2011871.0001
S 82017108.10" E
298.1515'
661283.1358
2012166.4532
S 10020109.94" W
92.6493'
661191.9900
2012149.8298
S 18048154.43" W
57.3416'
661137.7125
2012131.3363
N 82017108.10" W
200.1472'
661164.5794
2011933.0005
Radius Pt:
(663572.5866)
(2012259.1929)
Delta: 02004136.65"
Radius: 2430.00,
Length: 88.0846'
Tangent: 44.0471'
N07042'52"E(R-IN)
S09047129"W(R-OUT)
661177.9828
2011845.9465
Perimeter: 883.69
Area: 43980.73
Sq. Ft.,
1.01 Acres
Error of Closure:
S 85018'18" W
0.004'
Error North: -0.000
Error East: -0.004
Precision: 1 in
212735
Northing
Easting
Direction
Distance
----------------------------------------------------------------
PARCEL "B"4
Courses: 21
661656.1747
2012725.5783
S 00013124.70" E
414.3984'
661241.7795
2012727.1950
N 82013153.78" W
6.5994'
Page 1 of 3
0:\CFP2000\4057106\drawings\survey\LLA\4057106.mck
0 0242.6715 2012720.6561
S 00013'24.70" E 40.0063'
661202.6655 2012720.8122
N 84057'01.78" W 192.8290'
661219.6376 2012528.7316
Radius Pt: (661418.8615) (2012546.3349)
Delta: 14008151.56" Radius: 200.00'
Length: 49.3846' Tangent: 24.8185'
N05°02158"E(R-IN) S19011150"W(R-OUT)
661229.9829 2012480.5709
Radius Pt: (661041.1044) (2012414.8070)
Delta: 20029106.62" Radius: 200.00'
Length: 71.5067' Tangent: 36.1392'
S19011150"W(R-IN) NO1017'171-W(R-OUT)
661241.0539 2012410.3113
S 00014116.54" W 141.0536'
661100.0015 2012409.7256
N 82017108.10" W 280.9319'
661137.7125 2012131.3363
N 18048154.43" E 57.3416'
661191.9900 2012149.8298
N 10020109.94" E 92.6493'
661283.1358 2012166.4532
N 82017108.10" W 298.1515'
661323.1583 2011871.0001
S 09047128.75" W 147.3215'
661177.9828 2011845.9465
Radius Pt: (663572.5866) (2012259.1929)
Delta: 08056147.56" Radius: 2430.00'
Length: 379.4363' Tangent: 190.1046'
N09047129"E(R-IN) S18044116"W(R-OUT)
661271.3810 2011478.5824
N 35033146.97" W 57.1392'
661317.8623 2011445.3503
N 00016135.72" W 597.1432'
661914.9986 2011442.4677
N 44043124.28" E 49.4975'
Page 2 of 3
0:\CFP2000\4057106\drawings\survey\LLA\4057106.mck
6W50.1672
2011477.2983
N 89043'24.28"
E
311.6985'
661951.6718
2011788.9932
S 00004'58.10"
W
276.7254'
661674.9467
2011788.5933
N 89043'24.28"
E
548.4428'
661677.5942
2012337.0297
S 73002'00.67"
E
78.4123'
661654.7126
2012412.0291
N 89043'58.14"
E
313.5526'
661656.1747
2012725.5783
Perimeter: 4404.22
Area: 671792.19
Sq. Ft.,
15.42 Acres
Error of Closure:
S
64032112" W
0.007'
Error North:
-0.003
Error East: -0.007
Precision: 1
in 591726
Page 3 of 3
0:\CFP2000\4057106\drawings\survey\LLA\4057106.mck
amp. S00-10-30E ----AD
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TO:
FROM:
DATE:
TRANSMITTAL MEMO
_CITY MANAGER
_PARKS DEPARTMENT
_BUILDING & SAFETY
_CODE ENFORCEMENT
_FIRE MARSHAL
40
PUBLIC WORKS DEPARTMENT
_JERRY HERMAN
_ PLANNING MANAGER
_SHERIFFS DEPARTMENT
COMMUNITY DEVELOPMENT DEPARTMENT - STAN SAWA
BCD 4-
SUBJECT: PROJECT REVIEW
CASE: � b uu� ac u4i_v oltl J c z
1
PLEASE REVIEW AND PROVIDE ANY COMMENTS YOU MAY HAVE
ON THE ATTACHED n7EM BY
Irans.004
Form No. 1068-2
ALTA Plain Language Commitment
Comnt No.: NCS-86923-ATL
P umber:I
September 28, 2004
Julie Harkins
Chick-fil-A
5200 Buffington Rd.
Atlanta, GA 30349-2998
Phone:(404) 836-6303
First American Title Insurance Company
National Commercial Services
3625 Fourteenth Street
Riverside, CA 92501
Update #1
Title Officer: Greg Franke
Phone:
Fax No.:
E-Mail: gfranke@firstam.com
Buyer: Chick-fil-A, Inc.
Attached please find the following item(s):
Commitment
Thank You for your confidence and support. We at First American Title Insurance Company maintain the
fundamental principle:
Customer First.
First American Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Comnt No.: NCS-86923-ATL
P umber:2
First American Title Insurance Company
INFORMATION
The Title Insurance Commitment is a legal contract between you and the company. It is issued to show
the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain
risks to the land title, subject to the limitations shown in the policy.
The Company will give you a sample of the Policy form, if you ask.
The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or
the transaction may affect the Commitment and the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
This information is not part of the title insurance commitment.
TABLE OF CONTENTS
Agreement to Issue Policy
Schedule A
1. Commitment Date
2. Policies to be Issued, Amounts and Proposed Insured
3. Interest in the Land and Owner
4. Description of the Land
Schedule B-1 - Requirements
Schedule B-2 - Exceptions
Conditions
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.
If you have any questions about the Commitment,
please contact the issuing office.
First American Title Insurance Company
Page
Form No. 1068-2 Comrnt No.: NCS-86923-ATL
ALTA Plain Language Commitment Pa umber:3
COMMITMENT FOR TITLE INSURANCE
Issued by
First American Title Insurance Company
Agreement to Issue Policy
We agree to issue a policy to you according to the terms of this Commitment.
When we show the policy amount and your name as the proposed insured in Schedule A, this
Commitment becomes effective as of the Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the
Commitment Date, our obligation under this Commitment will end. Also, our obligation under this
Commitment will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following
The Provisions in Schedule A.
The Requirements in Schedule B-1.
The Exceptions in Schedule B-2.
The Conditions.
This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B.
FIrStAmencan Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Corn nt No.: NCS-86923-ATL
Pa umber:4
1.
SCHEDULE A
Commitment Date: September 21, 2004 at 7:30 A.M.
2. Policy or Policies to be issued:
(A) ALTA Standard Policy
to be determined
Proposed Insured:
Chick-fil-A, Inc.
(B) ALTA Loan Policy
Proposed Insured:
to be determined
3.
11
(A) The estate or interest in the land described in this Commitment is:
Fee Simple
(B) Title to said estate or interest at the date hereof is vested in:
Fourth Quarter Properties XLIII, LLC
Amount
$1,650,000.00
$to be determined
The land referred to in this Commitment is situated in the City of La Quinta, County of Riverside
, State of California , and is described as follows:
First American Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Com' ' No.: NCS-86923-ATL
Pa umber:5
Parcel A:
Reconfigured Lot "B" as shown on Certificate of Compliance LLA No. 96-230 recorded December
20, 1996 as instrument no. 479502 of Official Records of Riverside County, California, also
described in the document as follows:
Being a portion of the west half of the northwest quarter of Section 29, Township 5 south, Range
7 east, San Bernardino Base and Meridian, Records of Riverside County, California, more
particularly being a portion of the parcels of said land as described in Deeds recorded December
6, 1994 as instrument no. 456615 and October 26, 1994 as instrument no. 410872, both of
Official Records of Riverside County, California, being described as follows:
Beginning at the northwest corner of said Section 29 as shown by Map on file in book 91 page(s)
91 of Maps, Records of Riverside County, California;
Thence along the west line of said section, south 000 15' 44" east, 913.18 feet to the southerly
line of the Coachella Valley Water District Flood Channel as described in Deeds recorded July 6,
1961 as instrument nos. 57628, 57629 and 57631, all of Official Records of Riverside County,
California;
Thence continuing along said section line south 000 15' 44" east, 574.35 feet to the true point of
beginning;
Thence north 890 44' 16" east, 391.10 feet to the easterly line of the land as described in Deeds
recorded February 14, 1984 as instrument no. 28914 of Official Records of Riverside County,
California;
Thence along said easterly line south 000 05' 50" west, 842.23 feet to a point of cusp on a curve
concave northerly and having a radius of 2445.00 feet, a radial line through said point of cusp
bears south 110 0743" west, said point also being on the north right of way of Highway 111 as
shown by Deeds recorded February 13, 1968 as instrument no. 13174 of Official Records of
Riverside County, California, and August 2, 1968 as instrument nos. 74780 and 74781, both of
Official Records of Riverside County, California, and also shown on the California Division of
Highways Map on file in Riverside County File No. 204-606;
Thence along said north right of way also being westerly along said curve through a central angle
of 090 25' 16", an arc length of 402.03 feet to said west section line;
Thence along said section line north 000 15' 44" west, 730.84 feet to the true point of beginning.
Parcel B:
Parcels 10 through 12, inclusive, as shown by Parcel Map No. 29351 on file in book 197 pages 33
through 36, inclusive, of Parcel Maps, Records of Riverside County, California;
Excepting therefrom that portion as conveyed to the City of La Quinta by Deed recorded July 8,
2003 as instrument no. 2003-507394 of Official Records of Riverside County, California.
APN: 649-820-010-4 and 649-820-021-4 and 649-820-022-5 and 649-820-023-6
First American Title Insurance Company
Form. No. 1068-2
ALTA Plain Language Commitment
Comny�nI No.: NCS-86923-ATL
Pa umber:6
SCHEDULE
SECTION ONE
REQUIREMENTS
The following requirements must be met:
(A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
(B) Pay us the premiums, fees and charges for the policy.
(C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured
must be signed, delivered and recorded.
(D) You must tell us in writing the name of anyone not referred to in this Commitment who will get
an interest in the land or who will make a loan on the land. We may then make additional
requirements or exceptions.
(E) Releases(s) or Reconveyance(s) of Item(s):
(F) Other:
(G) You must give us the following information:
1. Any off record leases, surveys, etc.
2. Statement(s) of Identity, all parties.
3. Other: the articles referenced in item no. 30
According to the public records, there has been no conveyance of the land within a period of twenty-four
months prior to the date of this report, except as follows:
A document recorded July 17, 2003 as instrument no. 2003-534174 of Official Records.
From: Bayshore Oil Company, Inc., a California Corp.
To: Fourth Quarter Properties XLIII, LLC
A document recorded July 17, 2003 as instrument no. 2003-534172 of Official Records.
From: 111 Venture, LLC, a California limited liability company
To: SCS Family Limited Partnership, a Nevada limited partnership, as to an
undivided 5.32% interest; Raymond Troll , trustee of the Raymond Troll
Trust established September 16, 1994, as to an undivided 60.15 interest;
and Thomas G. Deemer, trustee of the Deemer Family Trust dated
August 22, 1998, as to an undivided 34.55% interest
F%rstAmerl,7an Tit/e Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Comn>i�I�nt No.: NCS-86923-ATL
Pa umber:7
A document recorded July 17, 2003 as instrument no. 2003-534173 of Official Records.
From: SCS Family Limited Partnership, a Nevada limited partnership, Raymond
Troll , trustee of the Raymond Troll Trust established September 16,
1994, and Thomas G. Deemer, trustee of the Deemer Family Trust dated
August 22, 1998
To: Fourth Quarter Properties XLIII, LLC, a Georgia limited liability company
First American Tt/e Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Com nt No.: NCS-86923-ATL
Pa umber:8
SCHEDULEB
SECTION TWO
EXCEPTIONS
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction.
The printed exceptions and exclusions from the coverage of the 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
Commitment.
1. This item has been intentionally deleted.
2. General and special taxes and assessments for the fiscal year 2004-2005.
First Installment: $5,.524.34, Open
Penalty: $5 52.43
Second Installment: $5,.524.34, Open
Penalty: $572.43
Tax Rate Area: 020-134
A. P. No.: 649-820-021-4
2.A The lien of defaulted taxes for the fiscal year 2003-2004, and any subsequent delinquencies
Tax Rate Area:
020-134
A. P. No.:
649-020-063
Amount to redeem:
$12,317.55
Valid through:
September 2004
Amount to redeem:
$12,478.45
Valid through:
October 2004
(Affects parcel 10)
3. General and special taxes and assessments for the fiscal year 2004-2005.
First Installment: $2,293.93, Open
Penalty: $229.39
Second Installment: $2,293.93, Open
Penalty: $249.39
Tax Rate Area: 020-134
A. P. No.: 649-820-022-5
3.A The lien of defaulted taxes for the fiscal year 2003-2004, and any subsequent delinquencies.
Tax Rate Area: 020-134
A. P. No.: 649-020-064
Amount to redeem: $5,135.21
Valid through: September 2004
First Amen'can Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Comrry t No.: NCS-86923-ATL
Pa mber:9
Amount to redeem: $5,202.03
Valid through: October 2004
(Affects parcel 11)
4. General and special taxes and assessments for the fiscal year 2004-2005.
First Installment: $740.41, Open
Penalty: $74.04
Second Installment: $7,10.41, Open
Penalty: $94.04
Tax Rate Area: 020-134
A. P. No.: 649-820-023-6
4.A The lien of defaulted taxes for the fiscal year 2003-2004, and any subsequent delinquencies
Tax Rate Area:
020-134
A. P. No.:
649-020-065
Amount to redeem:
$1,681.20
Valid through:
September 2004
Amount to redeem:
$1,702.77
Valid through:
October 2004
(Affects parcel 12)
5. General and special taxes and assessments for the fiscal year 2004-2005.
First Installment: $22,844.98, Open
Penalty: $2,284.50
Second Installment: $22,844.98, Open
Penalty: $2,304.50
Tax Rate Area: 0213-134
A. P. No.: 649-820-010-4
S.A Supplemental taxes for the fiscal year 2004-2005 assessed pursuant to Chapter 3.5 commencing
with Section 75 of the California Revenue and Taxation Code.
First Installment: $6,206.34, Open
Penalty: $620.63
Second Installment: $6,206.34, Open
Penalty: $640.63
Tax Rate Area: 020-134
A. P. No.: 051-968-553-6
(Affects Parcel B)
6. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
7. Assessments, if any, of the Coachella Valley Water Irrigation District.
FlrstAmencan Title Insurance Company
Form No. 1068-2 Com v{�nt No.: NCS-86923-ATL
ALTA Plain Language Commitment Paimber: 10
S. Rights of the public in and to that portion of the land lying within public roads.
9. A right of way and easement of the Coachella Valley County Water District, in favor of the public
for all public roads and rights of way heretofore dedicated, acquired, reserved or accepted for
public use and also any and all private easements and rights of way for roads, pipelines, ditches
and conduits on, over, under or across the herein described property, existing for the purposes 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 pipelines, ditches and
conduits.
A right of way for ditches and canals as reserved by the United States of America in the patent
recorded July 31, 1905 as book 3, page 228 of Official Records.
An easement for public highway and incidental purposes, recorded April 17, 1959 as instrument
no. 32692 of Official Records.
In Favor of:
Affects:
State of California
said land
An easement for slope and incidental purposes, recorded February 13, 1968 as instrument no.
13174 of Official Records.
In Favor of:
Affects:
State of California
said land
An easement for road, utilities, access, slope and incidental purposes, recorded August 2, 1968
as instrument no. 74780 of Official Records.
In Favor of:
Affects:
State of California
said land
The effect of a map purporting to show the land and other property, filed in book 91, page 91 of
Record of Surveys.
15. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions
in the document recorded January 22, 1996 as instrument no. 15569 of Official Records, which
provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or
deed of trust made in good faith and for value, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, national origin, sexual orientation, marital status, ancestry, source of income or
disability, to the extent such covenants, conditions or restrictions violate Title 42, Section
3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of
occupants in senior housing or housing for older persons shall not be construed as restrictions
based on familial status.
Document(s) declaring modifications thereof recorded December 20, 1995 as instrument no.
422634 of Official Records.
16. The terms and provisions contained in the document entitled "Commercial Domestic Water
and/or Sanitation Installation Agreement" recorded June 19, 2000 as instrument no. 233566 of
Official Records.
FirstAmen'can Title Insurance Company
Form No. 1068-2 Com nt No.: NCS-86923-ATL
ALTA Plain Language Commitment - Pmber: 11
(Affects Parcel A)
17. An easement for public streets, public utilities and incidental purposes, recorded July 11, 2000 as
instrument no. 2000-267423 of Official Records.
In Favor of: City of La Qinta
Affects: Parcel A
18. An easement for public streets, public utilities and incidental purposes, recorded July 11, 2000 as
instrument no. 2000-267424 of Official Records.
In Favor of: City of La Qinta
Affects: parcels 10 and 12
19. An easement for cables, conduits and incidental purposes, recorded October 6, 2000 as
instrument no. 2000-396210 of Official Records.
In Favor of: GTE California Incorporated
Affects: Parcel A
20. An easement shown or dedicated on the Map as referred to in the legal description
For: landscape maintenance, sidewalks and incidental purposes.
(Affects Parcel A)
21. The effect of the following recitals as shown by the owner's statement of Parcel Map No. 29351:
(Affects Parcel A)
A) We hereby dedicate and relinquish the right of vehicular access from parcels 10 and 12,
abutting State Highway 111, and during such time will have no rights of access, except the
general easement of travel; also excepting one 52' and one 100' access opening in parcel 10 and
one 37' access opening in parcel 12, as shown hereon, and any change of alignment or width
that results in the vacation thereof shall terminate this condition of access rights as to the part
vacated.
8) We hereby reserve a non-exclusive, reciprocal easement for purposes of ingress and egress
over and across all parcels, 1 through 12, inclusive, for the sole benefit of ourselves, our
successors, assignees and parcel owners within this parcel map. This easement shall be limited to
the general easement of travel.
22. An easement for ingress, egress and incidental purposes, recorded October 11, 2000 as
instrument no. 2000-400148 of Official Records.
In Favor of: United States Postal Service
Affects: Parcel A
FirstAmerican Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Comm No.: NCS-86923-ATL
Pa tuber: 12
23. Covenants, conditions, restrictions and easements in the document recorded November 21, 2000
as instrument no. 2000-466111 of Official Records, which provide that a violation thereof shall
not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and
for value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual
orientation, marital status, ancestry, source of income or disability, to the extent such covenants,
conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section
12955 of the California Government Code. lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
(Affects Parcel A)
24. An easement for right of way, public utilities and incidental purposes, recorded July 15, 2001 as
instrument no. 2001-306666 of Official Records.
In Favor of: City of La Quinta
Affects: Parcel A
25. An easement for right of way for public street, public utilities and incidental purposes,
recorded April 13, 2001 as instrument no. 2001-156889 of Official Records.
In Favor of: City of La Quinta
Affects:
Parcel A
26. An easement for public utilities and incidental purposes, recorded July 5, 2001 as instrument no.
2001-306665 of Official Records.
In Favor of:
Affects:
City of La Quinta
Parcel B
27. The terms and provisions contained in the document entitled 'Reimbursement Agreement"
recorded December 31, 2002 as instrument no. 2002-794901 of Official Records. By and
between the City of La Quinta and 111 Venture, LLC
(Affects Parcel A)
28, The terms and provisions contained in the document entitled "Site Development Maintenance
Agreement' recorded July 8, 2003 as instrument no. 2003-507395 of Official Records.
(Affects Parcel A)
28.A A Deed of Trust to secure an original indebtedness of $28,313,000.00 recorded May 15,
2004 as Inst. No. 2004-377440 of Official Records.
Dated:
May 19, 2004
Trustor:
FOLlth Quarter Properties XLIII, LLC,
Trustee:
First American Title Insurance Company
Beneficiary:
Columbus Bank and Trust Company
The terms and provisions contained in the document entitled "Assignment of Leases and Rents"
recorded May 19, 2004 as Inst. No. 2004-377441 of Official Records.
Fltst American Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Comm�rit No.: NCS-86923-ATL
Pa tuber: 13
283 A financing statement recorded May 19, 2004 as Inst. No. 2004-377442 of Official Records.
Debtor: Fourth Quarter Properties XLIII, LLC
Secured party: Columbus Bank and Trust Company
28.0 A financing statement recorded May 19, 2004 as Inst. No. 2004-377443 of Official Records.
Debtor: Fouth Quarter Properties XLIII, LLC
Secured party:
Columbus Bank and Trust Company
29. The following matters disclosed by an ALTA/ACSM survey made by Keith Companies on April 2,
2003, designated Job No. TKC 40768.09: The survey covers the land and reconfigured Lot "B" as
shown on Certificate of Compliance Lot Line Adjustment # 96-230 recorded December 20, 1996
as instrument no. 479502 of Official Records.
30. With respect to Fourth Quarter Properties XLIII, LLC, a limited liability company:
a. A copy of its operating agreement and any amendments thereto;
b. If it is a California limited liability company, that a certified copy of its articles of organization
(LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or
restatement of articles of organization (LLC-10) be recorded in the public records;
c. If it is a foreign limited liability company, that a certified copy of its application for registration
(LLC-5) be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, that such document or instrument be
executed in accordance with one of the following, as appropriate:
(1) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such document must be executed by at
least two duly elected or appointed officers, as follows: the chairman of the board, the president
or any vice president, and any secretary, assistant secretary, the chief financial officer or any
assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one manager
if the limited liability company properly operates with the existence of only one manager.
e. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require.
(Affects Parcel A)
(Affects Parcel A)
(Affects Parcel B)
first Amerman Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Comn�l�nt No.: NCS-86923-ATL
Pa umber: 14
INFORMATIONAL NOTES
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 lass 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 Tit/e Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Com nt No.: NCS-86923-ATL
Pa umber: 15
CONDITIONS
1. DEFINITIONS
(a)"Mortgage" means mortgage, deed of trust or other security instrument.
(b)"Public Records" means title records that give constructive notice of matters affecting the title
according to the state law where the land is located.
2. LATER DEFECTS
The Exceptions in Schedule B - Section Two may be amended to show any defects, liens or
encumbrances that appear for the first time in the public records or are created or attached between the
Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One
are met. We shall have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may
amend Schedule B to show them. If vie do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
information and did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its
Requirements. If we have any liability to you for any loss you incur because of an error in this
Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment
when you acted in good faith to:
comply with the Requirements shown in Schedule B - Section One
or
eliminate with our written consent any Exceptions shown in Schedule B - Section Two.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our
liability is subject to the terms of the Policy form to be issued to you.
S. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to
the land must be based on this commitment and is subject to its terms.
FirstAlmencan Tithe Insurance Company
Form No. 1068-2 ® Corn nt No.: NCS-86923-ATL
ALTA Plain Language Commitment Pa tuber: 16
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Any fads, 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 fads 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 Ads authorizing the issuance thereof; (c) water rights, daims
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; (it) the character, dimensions or location of
any improvement now or hereafter erected on the land; (it!) 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
wring 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
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of
any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the
date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or
FIrst A mer Ican Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Comrgjtnt No.: NCS-86923-ATL
P umber. 17
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
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 lard
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 exception: 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 hand, 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
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 Ads 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.
FirstAmeiican Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Com t No.: NCS-86923-ATL
aPatuber: 18
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 coverageof 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; (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:
(1) 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
WITI4 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, attomeys' 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.
S. 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 Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Comntilll�¢nt No.: NCS-86923-ATL
Pallember: 19
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy,;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 8 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens try 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 LANND TITLE ASSOCIATION RESIDENTIAL
TITLEINSURANCE 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
' improvements on the land
* land division
* 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.
FirstAmelkan Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Com nt No.: NCS-86923-ATL
P umber: 20
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.
S. 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 o:f 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 describecl 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. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
First American Title Insurance Company
Form No. 1068-2 ® Comnt No.: NCS-86923-ATL
ALTA Plain Language Commitment P umber: 21
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. This exclusion
does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 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 insuring provisions 14, 15, 16 and 24 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Lisured 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 polity;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8,
16, 17, 19, 20, 21, 23, 24 and 25); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
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:
(a) usury, except as provided under insuring provision 10 of this policy; or
(b) any consumer credit protection or truth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
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:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the failure:
(i) to timely record the instrument of transfer; or
(n) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
8. 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 under insuring provision 7.
9. 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 under insuring provision 7.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured
Mortgage when they arise: NONE.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH (EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association 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.
FirstAmen'can Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitments
Com ' nt No.: NCS-86923-ATL
P umber: 22
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.
Part Two:
1. Environmental protection liens provided for by the fcllowing existing statutes, which liens will have priority over the lien of the Insured
Mortgage when they arise: NONE
First Ame icon Title Insurance Company