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LLA 2005-429Cio of L Uinta FINANCE Revenue Cat Community Development Department T Cfbpp n{F. �� 78-495 Calle Tampico La Quinta, California 92253 (760) 777-7125 FAX: (760) 777-1233 OFFICE USE ONLY Case No. L L A os 4 m DateRecvd._-1404 QS Fee: C,►' T00�166 eK Related Apps:LLAOs-4 2 Logged in by: .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 .•. .;. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . APPLICANT-prb�Cl L]�d MAILING ADDRE CITY, STATE, ZIP Phone No._ L�(tIJ_��jpp Fax No. __q�35-7 3a{ - 9 I c{ 1 PROPERTY OWNERS *Owner "A"Name: Dna<rnSa 4brrt2S Address: :ie rr. c ggS k. .,* _ Phone: (City) (State) (Zip) *Owner `B" Name:n4, Address: m2 aS yF Phone: (City) (State) (Zip) *Owner "C" Name: Address: Phone: (City) (State) (Zip) *Attach sheet for additional owners PROPERTY DATA Property A: Assessor's Parcel Number:�,p Street Address (if any): 4JYb8(o Cer! 1 &3M Property B: Assessor's Parcel Number: } Is, 13 Street Address (if any): 93-11() Property C: Assessor's Parcel Number: Street Address (if any): DESCRIPTION OF ADJUSTMENT REQUESTED: _Do& V-� b' I t y4c LAI i Rs5�s5c,tr-s �SSti CQ has rd� iS'5ued A P iv'S ye+. FF_B 2 2 2oa5 A 16:LLA 1-7/16/97 U9/Z1/ZU04 HE 16:05 FAX 71 77 7155 City of La Quinta Pub,Wl,, q15 2001/001 a CE City ®f La Quinta OF Engineering Plan Check Application and Fee Lot Line Adjustment Project: Pnc6n�c . LE,� I `I + I,? \ QI.3 Date: Development Identification Number: Map/Plans Submitted for Checking Surveyor's Checking Fee �CITY ACCOUNT INFORMATION 101-000-443-31 S $50 x &— Lots Fee -S�LI n(,) Total Fee: $ � C) C) APPLICANT INFORMATION PPJtMN'W O IS USPONSIHLR rOR PLAN CF= AD`MDiLSFRARVE DUT165: 2yNGI�N6CRIN`G�bIRMIPGRSON( RMMMSIBLE FOR PRF.rARMG P NS : 1�.Ylfll� WV C IY rY{ 1 U 1 l 11V (1'�I n 1AC Y-,G %_ , N4AG NF NRM U NAMEOF FIPM 01 -FJ P.\m m r-\wsn is Ste.43 AlflfKlf$$ AODRFlS CDY sTnTu ur crtY mare w Ras-4(aL, nr� i;S-' 7a�4S1 141 `!(on c1i ��-��SL Woo -,O0 TElEINONI: FAX IVJ FPIgNP. ^. • I`d FAX FMAII. CITY STAPP DATP 4 OflAKER 1ERING i R A I I l o5-N;ts TRANSMITTAL To: City of La Quinta Planning Dept. 78495 Calle Tampico La Quinta, CA 92253 Attn: Via: ❑ Regular Mail ❑ Next Day Date: February 21, 2005 W.O.: 040404 Client: Ponderosa Homes Re: LLA Lots 17 & 18, Tract 29323 ® Hand Carried / Courier ❑ Other Transmitted: LEA application for Lots 17 & 18 in Tract 29323-3 Check # 39581 in the amount of $350.00 & Engineering Fee Deposit Form Lot Closure Calc's 2 sets of the LLA legals & plat r- Draft Grant Deed with legals & plat attachedTitle Report Notes: For review & approval. Thank Yoy,.._, Danielle McGee Associate Planner FEB 2 2 2005 68-487 Highway 111 - Suite 43 - Cathedral City, CA 92234 - (760) 202-1800 - Fax (760) 202-8267 engineer-ahackerenglneering.com 4HAPKER ENG1011RING 05-k;t8 TRANSMITTAL To: City of La Quinta Planning Dept. 78495 Calle Tampico La Quinta, CA 92253 Attn: Date: February 21, 2005 W.O.: 040404 Client: Ponderosa Homes Re: LLA Lots 17 & 18, Tract 29323-3 Via: ❑ Regular Mail ❑ Next Day ® Hand Carried / Courier ❑ Other Transmitted: LLA application for Lots 17 & 18 in Tract 29323-3 Check # 39581 in the amount of $350.00 & Engineering Fee Deposit Form Lot Closure Cale's 2 sets of the LLA legals & plat Draft Grant Deed with legals & plat attached f Title Report Notes: For review & approval. PONDEROSA HOMES il, INC. 6671 OWENS DRIVE PLEASANTON,CA 94588 **THREE HUNDRED FIFTY DOLLARS EXACTLY** CITY OF LA QUINTA P.O. BOX 150 LA QUINTA CA 92253 ECE� VC FEB 2 2 2005 UNION BANK OF CALIFORNIA 39580 400 UNIVERSITY AVENUE PALO ALTO, CA 94103 11-49/12t0 02/10/2005 "******$350.00* u'003958011' is L 2 b0004971: 28700D598 bu' ABSENCE OF PINK U.S. PATENT NUMBERS UNDER SIGNATURE INDICATES CHECK IS FRAUDULENT. PATENT NUMBERS ARE PRINTED WITH HEAT SENSITIVE INK & WILL 01 &APPEA : WHEN BLOWING OR RUBBING March 31, 2005 Stan Sawa City of La Quinta Planning Department 78-495 Calle Tampico La Quinta, CA 92253 STEWART TITLE oalifornia, Inc. Inland Empire Division 3403 Tenth Street, Suite 400 • Riverside, California 92501 (909)276-2700•(800)637-2769•Fax: (909)276-2306 MEMBER CALIFORNIA LAND TITLE ASSOCIATION - AMERICAN LAND TITLE ASSOCIATION rCIRE HVE APR - 1 2005 Re: Lot Line Adjustment Numbers 2005-428 and 2005-429 Dear Stan: Enclosed please find conformed copies of the recorded Grant Deed for the Lot Line Adjustment as requested in your letter dated March 15, 2005. Should you have any questions, please do not hesitate to call. Sincerely, athy CL awford Subdivision Department Kc/ Enclosures WHEN RECORDED MAIL: Ponderosa Homes 6671 Owens Dr. Pleasanton, CA 94588-3398 MAIL TAX STATEMENTS TO: Ponderosa Homes 6671 Owens Dr. Pleasanton, CA 94588-3398 COPY of Document Recorded on 3-29-05 as No9L0 •D2'-/332,7 has not been compared with original. County Recorder RIVERSIDE COUNTY, CALIFORNIA FOR RECORDER'S USE ONLY GRANT DEED AFFECTS LOTS 17 AND 18, TRACT 29323-3 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. PONDEROSA HOMES II, INC. hereby GRANT(S) to PONDEROSA HOMES 11, INC. the real property in the City of La Quinta County of Riverside, State of California, described as: See Attached "EXHIBITS A & B" attached hereto and by reference made a part hereof. PHOMES c-C. 5 Dated: U3/24/0By: NOTE: This grant deed implements the revised lot configurations pursuant to Lot Line Adjustment 2005 ``/2as approved by the City of La Quinta. All property subject to this lot line adjustment is owned by a single entity, hence ownership conveyance is a nonessential secondary function of this deed. The primary function of the deed is to provide constructive notice of the revised lot configurations pursuant to Government Code Section 66412 (d), and to perfect the intent of the Lot Line Adjustment 2005 =429 _ as approved. STATE OF CALIFORNIA COUNTY OF RIVERSIDE } S.S. On 3�z4 05 before me, Rc—a ec c,g L . SW i FN� A Notary Public in and for said County and State, personally appeared BBAKER personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that freshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNES nu d official seal Signa 1 A2004V040404 LLA grant deed lot 17 & I8.doc REBECCA L. SHIFMAN Commission tt 1339469 z Notary Public - Califomis Alameda es.fan ICounty My Comm. Expir3, 2006 (THIS AREA FOR OFFICIAL NOTARIAL SEAL)'-(', I� ui t APR — 1 2005 AOUINTA 1, '.1-�)RIELOPMI i '1; ''p,,P'T?dFNT 0 EXHIBIT "A" LOT LINE ADJUSTMENT NO.05- 429 PARCEL A In the City of La Quinta, County of Riverside, State of California, being a portion of Lot 17 of Tract No. 29323-3 as recorded in Map Book 355, Pages 1-4, O.R., and being more particularly described as follows: BEGINNING at the northwest corner of said Lot 17, the southwest corner of Lot 16, and in an easterly line of Lot H; THENCE, North 78' 49' 01" East, along the northerly line of said Lot 17, a distance of 130.00 feet to the southwesterly right-of-way line of Corte del Oro and in a non -tangent curve concave to the northeast having a radius of 38.50 feet, and from which point a radial line bears North '78' 49' 01" East; THENCE, along said southwesterly right-of-way line of Corte del Oro, an arc length of 29.21 feet, through a central angle of 43' 28' 17"; THENCE, South 54' 39' 16" East, continuing along the southwesterly right-of-way line of Corte del Oro, a distance of 24.92 feet; THENCE, South 51' 33' 12" West, a distance of 138.49 feet to a point in an easterly line of said Lot H; THENCE, North 38° 26' 48" West, along an easterly line of said Lot H, a distance of 34.68 feet to the beginning of a tangent curve concave to the northeast having a radius of 168.50 feet; THENCE, continuing along an easterly line of said Lot H, an are length of 80.18 feet, through a central angle of 27e 15' 49" to the POINT OF BEGINNING. Said area contains 11,036 square feet, more or less, and is subject to existing easements and rights - of -way of record. Exhibit `B" attached is made a part hereof. ONpt IA" PJ�O "AC 9GFc O O y a 630-0 OF LOT LINE ADJUSTMENT No. APPROVED BY CITY OF LA OUINTA COMMUNITY DEVELOPMENT DEPARTMENT BY 5�^_ G AMM DATE 3 -1'S Exhibit 1___ _— Page 1 of 1 H:\PROJ\2004\040404\Reports\040404 LLA Parcel A EXHIBIT "A" LOT LINE ADJUSTMENT NO.05-429 PARCEL B In the City of La Quinta, County of Riverside, State of California, being all of Lot 18 and a portion of Lot 17 of Tract No. 29323-3 as recorded in Map Book 355, Pages 1-4, O.R., and being more particularly described as follows: BEGINNING at the most southerly comer of said Lot 18, the most easterly southeast corner of Lot H of Tract No. 29323-3, said point being in the northwesterly right-of-way line of Parkway Esplanade West; THENCE, North 52' 56' 09" West, along the southwesterly line of said Lot 18 and an easterly line of said Lot H, a distance of 77.46 feet; THENCE, North 38' 26' 48" West, continuing along an easterly line of said Lot H, a distance of 4.00 feet; THENCE, North 51' 33' 12" East, a distance of 138.49 feet to a point in the southwesterly right-of- way line of Corte del Oro; THENCE, South 54' 39' 16" East, along said southwesterly right-of-way line of Corte del Oro, a distance of 25.07 feet to the beginning of a tangent curve concave to the southwest having a radius of 109.50 feet; THENCE, continuing along the southwesterly .tight -of -way line of Corte del Oro, an arc length of 30.80 feet through a central angle of 16' 06' 56" to the beginning of a compound curve concave to the west having a radius of 24.50 feet, from which point a radial line bears South 51e 27' 40" West; THENCE, an arc length of 38.52 feet, through a central angle of 90' 05' 32" to a point in the northwesterly right-of-way line of said Parkway Esplanade West; THENCE, South 51 ° 33' 12" West, along said northwesterly right-of-way line of Parkway Esplanade West, a distance of 105.95 feet to the POINT OF BEGINNING. Said area contains 10,748 square feet, more or less, and is subject to existing easements and rights - of -way of record. Exhibit `B" attached is made a part hereof. LOT LINE ADJUSTMENT No. 2005 '42a APPROVED BY CITY OF LA OUINTA COMMUNITY DEVELOPMENT DEPARTMENT BY Sawa DATE 5-IS•05 Exhibit A O,LAND S�9G d+�. J L.S.S pQ q� OF GPw� Page 1 of 1 H:\PR0J\2004\040404\Rcpom\040404 LLA Legal Parcel B /'.HACKER ING 1WRING, INC. CIVIL ENGINEERING - LAND SURVEYING - PLANNING 68487 Highway 111, Suite 43 Cathedral City, CA 92234 Phone: (760) 202-1800 Fax: (760) 202-8267 engineer@hackerengineering. com r '4" PROJECT: mW - LOT LINE ADJUSTMENT NO. 05- 429 SHEET: 1 OF: 1 CALC'D: TCP CHK'D: JR W.O.: 040404 DATE: 21 FEB 2005 EXHIBIT 'B' LOT LINE AL APPROVED Exhibit No. 2Do5 Y CITY OF LA OUINTA DEVELOPfb,IENT DEPA 16 0- O� 4901 E (R) 130,00' N 78' 10 N s � 1al Ste. .,99' O PARCEL pA. 1�� `L ti°°• PARCEL B '�•S.61`� �4P OF CAL1F�� Sala CURVE TABLE CURVEJ RADIUS I DELTA LENGTH TANGENT Cl 168.50' 27'15'49" 80.18' 40.86' C2 38.50' 43'28'17" 29.21' 15.35' C3 109.50' 16'06'56" 30.80' 15.50' 04 24.50' 90'05'32" 38.52' 24.54' 040404 LLA.dwg 02116105 ,iI j L P.O. Bov 1504 LA QUIN FA, C.ALIFORMA 92247-1504 78-495CALIET.AMPICO 760) 7 7 7 - 7 0 0 0 LA QLIN]A, CALIFORNIA 92253 FAX (760) 777-7101 March 15, 2005 Ponderosa Homes C/o Ms. Danielle McGee Hacker Engineering 68-487 Highway 111, Suite 43 Cathedral City, CA 92234 Subject: Lot Line Adjustment 2005-429 Dear Ms. Mc Gee, The Community Development Department has approved your request for a lot line adjustment on Corte Del Oro (Lots 17 and 18) in Tract 29323-3. Enclosed is the approved original Grant Deed (needs to be signed with notary) 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, STAN SAWA Principal Planner Encl. P:Astan\Ila pm\lla 2005-429 Itr app.doc P.O. Box 1504 78-495 CALLE TAMPICO LA QUINFA, CALIFORNIA 92253 March 15, 2005 County Recorder County of Riverside Post Office Box 751 Riverside, Calif. 92502 Subject: Recording of Lot Line Adjustment 20045-429 To Whom It Concerns: (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 The City of La Quinta has approved the above noted Lot Line Adjustment in La Quinta. Please allow its recording as presented by Ponderosa Homes or their representative. Should you have any questions, please call me at (760) 777-7064. Very truly yours, STAN SAWA Principal Planner sbs P:Astan\lla 2005-429 co rec.doc WHEN RECORDED M, TO: Ponderosa Homes 6671 Owens Dr. Pleasanton, CA 94588-3398 MAIL TAX STATEMENTS TO: Ponderosa Homes 6671 Owens Dr. Pleasanton, CA 94588-3398 FOR RECORDER'S USE ONLY GRANT DEED AFFECTS LOTS 17 AND 18, TRACT 29323-3 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. PONDEROSA HOMES II, INC. hereby GRANT(S) to PONDEROSA HOMES II, INC. the real property in the City of La Quinta County of Riverside, State of California, described as: Dated: See Attached "EXHIBITS A & B" attached hereto and by reference made a part hereof. PONDEROSA HOMES II, INC. LM NOTE: This grant deed implements the revised lot configurations pursuant to Lot Line Adjustment 2004- as approved by the City of La Quinta. All property subject to this lot line adjustment is owned by a single entity, hence ownership conveyance is a nonessential secondary function of this deed. The primary function of the deed is to provide constructive notice of the revised lot configurations pursuant to Government Code Section 66412 (d), and to perfect the intent of the Lot Line Adjustment 2005-429 _ as approved. STATE OF CALIFORNIA COUNTY OF RIVERSIDE } S.S. o,n before me, A Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his'/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature (THIS AREA FOR OFFICIAL NOTARIAL SEAL) 1 \2004\040404 LLA grant deed lot 17 & 18.doc EXHIBIT "A" - LOT LINE ADJUSTMENT NO.05- 429 PARCEL A In the City of La Quinta, County of Riverside, State of California, being a portion of Lot 17 of Tract No. 29323-3 as recorded in Map Book 355, Pages 1-4, O.R., and being more particularly described as follows: BEGINNING at the northwest comer of said Lot 17, the southwest comer of Lot 16, and in an easterly line of Lot H; THENCE, North 78' 49' 01" East, along the northerly line of said Lot 17, a distance of 130.00 feet to the southwesterly right-of-way line of Corte del Oro and in a non -tangent curve concave to the northeast having a radius of 38.50 feet, and from which point a radial line bears North 78' 49' 01" East; THENCE, along said southwesterly right-of-way line of Corte del Oro, an arc length of 29.21 feet, through a central angle of 43' 28' 17"; THENCE, South 54' 39' 16" East, continuing along the southwesterly right-of-way line of Corte del Oro, a distance of 24.92 feet; THENCE, South 51 ° 33' 12" West, a distance of 138.49 feet to a point in an easterly line of said Lot H; THENCE, North 38' 26' 48" West, along an easterly line of said Lot H, a distance of 34.68 feet to the beginning of a tangent curve concave to the northeast having a radius of 168.50 feet, - THENCE, continuing along an easterly line of said Lot H, an arc length of 80.18 feet, through a central angle of 27' 15' 49" to the POINT OF BEGINNING. Said area contains 11,036 square feet, more or less, and is subject to existing easements and rights - of -way of record. Exhibit `B" attached is made a part hereof.L" rSG9 /� F `9 A 83l>-0 OF LOT LINE ADJUSTMENT No. 2C>05- H2G1 APPROVED BY CITY OF LA OUINTA COMMUNITY DEVELOPMENT DEPARTMENT BY 'G&VM DATE 5-IS' Exhibit Page i of 1 H:\PROJ\2004\040404\Repom\040404 LLA Parcel A HACKER ENGINffRING, INC. CIVIL ENGINEERING - LAND SURVEYING - PLANNING I 68487 Highway 111, Suite 43 Cathedral City, CA 92234 Phone: (760) 202-1800 Fax:(760) 202-8267 ., engineer0hockerengineering.com 16 '01 E (R) t 30 00 N 78'49 V PARCEL 'A' t.P c'6 0T 11-1 PROJECT: I LOT LINE ADJUSTMENT NO. 05— 429 SHEET: 1 OF: 1 CALC'D: TCP CHK'D: JR W.O.: 040404 DATE: 21 FEB 2005 EXHIBIT 'B' PARCEL 'B' LOT UNE At ANPROVED Exhibit TMENT No. 2806 . CITY OF LA OUINTA l: CURVE TABLE RADIUS DELTA LENGTH TANGENT 168.50' 27'15'49° 80.18' 40.86' ECURVE 38.50' 4328'17" 29.21' 15.35' 109.50' 16'06'56" 30.80' 15.50' 24.50' 90'05'32" 38.52' 24.54' 040404 LLA.dwg 02116105 EXHIBIT "A" LOT LINE ADJUSTMENT NO.05-429 PARCEL B In the City of La Quinta, County of Riverside, State of California, being all of Lot 18 and a portion of Lot 17 of Tract No. 29323-3 as recorded in Map Book 355, Pages 1-4, O.R., and being more particularly described as follows: BEGINNING at the most southerly comer of said Lot 18, the most easterly southeast comer of Lot H of Tract No. 29323-3, said point being in the northwesterly right-of-way line of Parkway Esplanade West; THENCE, North 52' 56' 09" West, along the southwesterly line of said Lot 18 and an easterly line of said Lot H, a distance of 77.46 feet; THENCE, North 38' 26' 48" West, continuing along an easterly line of said Lot H, a distance of 4.00 feet; THENCE, North 51' 33' 12" East, a distance of 138.49 feet to a point in the southwesterly right-of- way line of Corte del Oro; THENCE, South 54' 39' 16" East, along said southwesterly right-of-way line of Corte del Oro, a distance of 25.07 feet to the beginning of a tangent curve concave to the southwest having a radius of 109.50 feet; THENCE, continuing along the southwesterly .right-of-way line of Corte del Oro, an arc length of 30.80 feet through a central angle of 16e 06' 56" to the beginning of a compound curve concave to the west having a radius of 24.50 feet, from which point a radial line bears South 51e 27' 40" West; THENCE, an arc length of 38.52 feet, through a central angle of 90° 05' 32" to a point in the northwesterly right-of-way line of said Parkway Esplanade West; THENCE, South 51 e 33' 12" West, along said northwesterly right-of-way line of Parkway Esplanade West, a distance of 105.95 feet to the POINT OF BEGINNING. Said area contains 10,748 square feet, more or less, and is subject to existing easements and rights - of -way of record. Exhibit `B" attached is made a part hereof. LOT LINE ADJUSTMENT No. Zoos -426j APPROVED BY CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT BY AWE 5Gi w a DATE 3 -15.05 Exhibit A 4// lA C SU9G yy 43T �C �9 0 7 fit. e d 1.9.SoQ= OF Cl""�� Page I of 1 H:\PROJ\2004\040404\Repons\040404 LLA Legal Parcel B TO: FROM: DATE: 0 0 TRANSMITTAL MEMO _CITY MANAGER _PARKS DEPARTMENT _BUILDING & SAFETY _CODE ENFORCEMENT _FIRE MARSHAL SUBJECT: CASE: 1" \ PUBLIC WORKS DEPARTMENT _ PLANNING MANAGER _SHERIFFS DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT - STAN SAWA PROJECT REVIEW PLEASE REVIEW AND PROVIDE ANY COMMENTS YOU MAY HAVE ON THE ATTACHED PTEM BY �t () • , O tms.004 Cif 0 2005 TRANSMITTAL MEMO a_%:k TO: CITY MANAGER r \ PUBLIC WORKS DEPARTMENT _PARKS DEPARTMENT BUILDING & SAFETY PLANNING MANAGER CODE ENFORCEMENT SHERIFFS DEPARTMENT _FIRE MARSHAL _ FROM: COMMUNITY DEVELOPMENT DEPARTMENT - STAN SAWA DATE: BSI oS SUBJECT: PROJECT REVIEW CASE: PLEASE REVIEW AND PROVIDE ANY CON M'NTTS YOU MAY HAVE ON THE ATTACHED ITEM BY a5 --CONVVI :NTS: V ,n0': irkov Gln"V-y�jL6 4+�L6kvA . W.. - '2.D D S - e p ✓ W-t 0 CNa) r✓ � c:ti� 7':ose use N this Plan Ch ck Number (PCN) on all correspondence while plans :: in pien check City of 4 FINANCE Revenue Cat Community Development Department 78-495 Calle Tampico La Quinta, California 92253 (760) 777-7125 FAX: (760) 777-1233 OFFICE USE ONLY 4 ✓ Case No. LLA or. I(" Date Recvd. 2J11 lAs . I Fee: 0.0 RelatedApps: L_LA 057.4 Logged in by: it APPLICATION FOR LOT LINE ADJUSTMENT APPROVAL LOT LINE ADJUSTMENT applications are reviewed and approved by the Community Development Director pursuant to Chapter 13.32 of the Subdivision Regulations. The purpose of the review is to allow reconfiguration of two or more adjoining lots into sizes or shapes appropriate for desired uses and in compliance with Municipal Code requirements. APPLICANT MAILING CITY, STA *Owner►�� t� f. •!1a 1 Address: . (City) (State) (Zip) *Owner.�. r. •� ■. (City) *Owner "C" Name:. N /P� (Zip) Phone No:5,215- L{f�2<1pC) Fax No. Phone: (City) (State) (Zip) *Attach sheet for additional owners PROPERTY DATA Property A: Assessor's Parcel Number: I L4 Street Address (if any): _g3'nfi(o Cer)tz � 1 6r,.. Property B: Assessor's Parcel Number:_161t 13 Street Address (if any): 93`I1� Property C: Assessor's Parcel Number: Street Address (if any): DESCRIPTION OF ADJUSTMENT REQUESTED:— A ] 6:LLA. 1-7/ ] 6N7 —Tl-w. Ass4sS% 8 �� CQ VIOLS r�o1 SSU-P-d A P N'S ye+. FF-8222no5 r 09/21/2004 TUE 16.05 YAA 760 /,j,t 7155 City o1 La Quints MAR ® g2-5 guu1 uu1 City of La Quinta ter" Engineering Plan Check Application and Fee Lot Line Adjustment Project: 'M�i I ..� cS' Date: Development Identification Number: Map/Plans Submitted for Checkine Fee Survevor's Checking Fee S50 x & Lots Total Fee: S 1 C) C� CITY ACCOUNT INFORMATION 101-000-443_318 APPLICANT INFORMATION PFASONWF101so;SPONSMLLrORPLWG�MINISTRATI EDUTIES: ENGRJLLRING rI�GRSON RESPO SWLE FOR PREPARING PLAVSUAL : NAME �J�y-�1 �-r_. �.c��7Zh2'Y✓ � 1�'/z C}�. r' F,Y� i i-�� /' � � �"� i . NAMF.NFFIIIM !`� NA GFFI V AlxfKM 1 C,,A '?ti�-- jam— (]1T S AN 'ur cm' s1aTE c.wn TF3EYxoNL FAN ffA.E WE Ewva `J J C. FMAY. Ty M'nrP DAI e.. �IACKIR II CIVIL EN I G NffRING LAND SURVEYING - PLANNING Job No. 040404 Closure Sheet for Lot Line Adjustment TR. 29323-3, PONDEROSA HOMES Wed February 16 10:17:42 2005 Parcel name: LLA PARCEL A North: 12432.08 Line Course: N 78-49-01 E North: 12457.30 Curve Length: 29.21 Delta: 43-28-17 Chord: 28.52 Course In: N 78-49-01.. E RP North: 12464.76 End North: 12433.36 Line Course: S 54-39-16 E North: 12418.94 Line Course: S 51-33-12 'W North: 12332.83 Line Course: N 38-26-48 'W North: 12359.99 Curve Length: 80.18 Delta: 27-15-49 Chord: 79.42 Course In: N 51-33-12E RP North: 12464.76 End North: 12432.08 East : 8343.92 Length: 130.00 East : 8471.45 Radius: 3.8.50 Tangent: 15.35 Course: S 32-55-07 E Course Out: S 35-20-44 W East 8509.22 East 8486.95 Length: 24.92 East 8507.27 Length: 138.49 East 8398.81 Length: 34.68 East 8377.25 Radius: 168.50 Tangent: 40.86 Course: N 24-48-53 W Course Out: S 78-49-01 W East 8509.21 East 8343.92 Perimeter: 437.48 Area: 11,036 sq. ft. 0.25 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.01 Course: S 08-18-03 W Error North: -0.008 East : -0.001 Precision 1: 43,603.00 68-487 Highway I 1 I, Suite 43 • Cathedral City, CA 92234 enaineer�u hudcercnsincerine.co:n Phone: (760) 202-I800 • Fax (760) 202-8267 • File:040404 LLA Lots 17-18 Closure • Pa_e I of 2 �IA(KfR II CIVIL E NGINfERING Parcel name: LLA PARCEL B North: 1.2283.01 Line Course: N 52-56-09 W North: 12329.70 Line Course: N 38-26-48 W North: 12332.83 Line Course: N 51-33-12 E North: 12418.94 Line Course: S 54-39-16 E North: 12404.44 Curve Length: 30.80 Delta: 16-06-56 Chord: 30.70 Course In: S 35-20-44 W RP North: 1231.5.12 End North: 12383.34 Curve Length: 38.52 Delta: 90-05-32 Chord: 34.68 Course In: S 51-27-40 W RP North: 1.2368.08 End North: 12348.89 Line Course: S 51-33-12 W North: 12283.01 LAND SURVEYING - PLANNING East : 8463.11, Length: 77.46 East 8401.30 Length: 4.00 East 8398.82 Length: 138.49 East 8507.28 Length: 25.07 East 8527.73 Radius: 109.50 Tangent: 15.50 Course: S 46-35-48 E Course Out: N 51-27-40 E East 8464.38 East 8550.03 Radius: 24.50 Tangent: 24.54 Course: S 06-30-26 W Course Out: S 38-26-48 E East 8530.87 East 8546.10 Length: 105.95 East 8463.12 Perimeter: 420.30 Area: 10,748 sq. ft. 0.25 acres Mapcheck Closure - (Uses listed courses and chords! Error Closure: 0.01 Course: S 74-23-SS E Error North: -0.003 East : 0.011 Precision 1: 41,635.00 6RA87 Highway I 1 I. Suite 43 • Cathedral Cit, CA 92234 • -cone Phone: (760) 202-1800 • Fak (760) 2024267 • File:040404 LLA Lots 17-18 Closure • Page 2 of EXHIBIT "A" LOT LINE ADJUSTMENT NO. 05- PARCEL A In the City of La Quinta, County of Riverside, State of California, being a portion of Lot 17 of Tract No. 29323-3 as recorded in Map Book 355, Pages 1-4, O.R., and being more particularly described as follows: BEGINNING at the northwest corner of said Lot 17, the southwest corner of Lot 16, and in an easterly line of Lot H; THENCE, North 78' 49' 01" East, along the northerly line of said Lot 17, a distance of 130.00 feet to the southwesterly right-of-way line of Corte del Oro and in a non -tangent curve concave to the northeast having a radius of 38.50 feet, and from which point a radial line bears North 78' 49' 01" East; THENCE, along said southwesterly right-of-way line of Corte del Oro, an arc length of 29.21 feet, through a central angle of 43' �8' 17"; THENCE, South 54' 39' 16" East, continuing along the southwesterly right-of-way line of Corte del Oro, a distance of 24.92 feet; THENCE, South 51 ° 33' 12" West, a distance of 138.49 feet to a point in an easterly line of said Lot H; THENCE, North 38' 26' 48" West, along an easterly line of said Lot H, a distance of 34.68 feet to the beginning of a tangent curve concave to the northeast having a radius of 168.50 feet; THENCE, continuing along an easterly line of said Lot H, an arc length of 80.18 feet, through a central angle of 27' 15' 49" to the POINT OF BEGINNING. Said area contains 11,036 square feet, more or less, and is subject to existing easements and rights - of -way of record. Exhibit `B" attached is made a part hereof. LAND HMA G9GF� 4 � cc O p IL .83t?-0 .. OF Page l of 1 H:\PROJ\2004\040404\Reports\040404 LLA Paroel A a 0 EXHIBIT "A" LOT LINE ADJUSTMENT NO. 05- PARCEL B In the City of La Quinta, County of Riverside, State of California, being all of Lot 18 and a portion of Lot 17 of Tract No. 29323-3 as recorded in Map Book 355, Pages 1-4, O.R., and being more particularly described as follows: BEGINNING at the most southerly corner of said Lot 18, the most easterly southeast corner of Lot H of Tract No. 29323-3, said point being in the northwesterly right-of-way line of Parkway Esplanade West; THENCE, North 52' 56' 09" West, along the southwesterly line of said Lot 18 and an easterly line of said Lot H, a distance of 77.46 feet; THENCE, North 38' 26' 48" West, continuing along an easterly line of said Lot H, a distance of 4.00 feet; THENCE, North 51' 33' 12" East, a distance of 138.49 feet to a point in the southwesterly right-of- way line of Corte del Oro; THENCE, South 54° 39' 16" East, along said southwesterly right-of-way line of Corte del Oro, a distance of 25.07 feet to the beginning of a tangent curve concave to the southwest having a radius of 109.50 feet; THENCE, continuing along the southwesterly right-of-way line of Corte del Oro, an are length of 30.80 feet through a central angle of 16' 06' 56" to the beginning of a compound curve concave to the west having a radius of 24.50 feet, from which point a radial line bears South 51e 27' 40" West; THENCE, an arc length of 38.52 feet, through a central angle of 90' 05' 32" to a point in the northwesterly right-of-way line of said Parkway Esplanade West; THENCE, South 51 ° 33' 12" West, along said northwesterly right-of-way line of Parkway Esplanade West, a distance of 105.95 feet to the POINT OF BEGINNING. Said area contains 10,748 square feet, more or less, and is subject to existing easements and rights - of -way of record. Exhibit `B" attached is made a ;part hereof.rIAND SvONACKc.es' , �- Page 1 of I H:\PROJ\2004\040404\Reportc\040404 LLA Legal Parcel B E OF OF �f HACKH ENGINIHING, INC. 1 CIVIL ENGINEERING - LAND SURVEYING - PLANNING T` 68487 Highway 111, Suite 43 Cathedral City, CA 92234 j Phone: (760) 202-1800 Fax: (760) 202-8267 engineer@hackereng ineering.com - 1�C�• )JI'�lhr y1. J6 N 78.49'01" E (R) 130.00', 17 PROJECT: LOT LINE ADJUSTMENT NO. 05-_ SHEET: 1 OF: 1 CALC'D: TCP CHK'D: JR W.O.: 040404 DATE: 21 FEB 2005 EXHIBIT 'B' p9 / PARCEL .A, N / 5 h�0 5; Nti 4- ti boo PARCEL "B, r J 010 4 3 5rg99' �` 0 92 �9,6,, \90 7Y I 0 r 'P ems. PQ� V� �9 �•S, 61`� �Q' \�F CAL1F0j ly/ SCALE 1 =40' CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT C1 168.50' 27'15'49" 80.18' 40.86' C2 38.50' 43'28'17" 29.21' 15.35' C3 109.50' 16'06'56" 30.80' 15.50' C4 24.50' 90'05'32" 38.52' 24.54' 040404 LLA.dwg 02116105 N X O1 V* 4 O O N f t — O O O T (O O T 00 M IqT N T � h Ih d't T O 0 N O LO N N V O ti N 00 It N T N T O O O M 'TI- O(O OM h001-:OM6 OOtiO'T Md'to� LnMMtoM 00000000M �000000M N (0 O O 00 N cO O O (O O M M O C M O 00 O M ONI,-M000OtiOO O LO O M N W O W O N M h Ln 4 0 M M MN T M O LO 4 0 N M O O C O O O O O O O N O O O M O O O O O LO LO m 'cr O LO LO .L M O M O M o0 M 4 N oD M 4 M 00 O OO (O C N s T T T T O O O O O O O O O O O O O O O O C 0 0 0 0 0 0 6 0 N 0 O N T wv V y L 00 O O 0 in 0 0 O 0 O 0 O 0 O /� N O O O O O O O O W .. 0 0 0 0 M 6 M O C E O O O O O O O CD O O O O O O O O V) 00000000 00 00 ti In M V 0 T to OD M T LO OD ti O N W W3: W 3 W Ur Z ti T I- T CO d' g LO M LO ti It co LO t— T 00 00 M 0 LO 't LO w Q 00 I'- 00 � LO M V LO T M M M � LO M � W _ ZZtn(q(nZzU) T N c) Icr LO (O t-- 00 O [L CU r 5 11 11 N X 0 N V� 4 0 0 04 J J Cl /0 p! f l!-!-° J CIVIL ENGINEERING - LAND SURVEYING -PLANNING Job No. 040404 Closure Sheet for Lot Line Adjustment Tl3. 29323-3, PONDEROSA HOMES Wed February 16 10:17:421: 2005 Parcel name: LLA PARCEL A North: 12432.08 Line Course: N 78-49-01, E North: 1.2457.30 Curve Length: 29.21 Delta: 43-2B-17 Chord: 28.52 Course In: N 78-49-01 E RP North: 12464.76 End North: 12433.36 Line Course: S 54-39-1G E North: 12418.94 Line Course: S 51-33-12 W North: 12332.83 Line Course: N 38-26-48 W North: 12359.99 Curve Length: 80.18 Delta: 27-15-49 Chord: 79.42 Course In: N 51-33-1',2 E RP North: 12464.76 End North: 12432.08 East : 8343.92 Length: 130.00 East : 8471.45 Radius: 38.50 Tangent: 15.35 Course: S 32-55-07 E Course Out: S 35-20-44 W East 8509.22 East 8486.95 Length: 24.92 East 8507.27 Length: 138.49 East 8398.81 Length: 34.68 East 8377.25 Rada.us: 168.50 Tangent: 40.86 Course: N 24-48-53 W Course Out: S 78-49-01 W East 8509.21 East 8343.92 Perimeter: 437.48 Area: 11,036 sq. ft. 0.25 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.01 Course: S 08-18-03 W Error North: -0.008 East : -0.001 Precision 1: 43,603.00 68-487 Highway I 11, Suite 43 • Cathedral City, CA 92234 • eneineer(d ackeren ineeiin g.com Phone: (760) 202-1800 • Fox (760) 202-8267 • File:040404 FLA Lots 17-18 Closure • Page 1 of 2 11 m CIVIL ENGINEERING Parcel name: LLA PARCEL H North: 12283.01 Line Course: N 52-56-01 W North: 12329.70 Line Course: N 38-26-4� W North: 12332.83 Line Course: N 51-33-1� E North: 12418.94 Line Course: S 54-39-16 E North: 12404.44 Curve Length: 30.80 Delta: 16-06-56 Chord: 30.70 Course In: S 35-20-14 W RP North: 12315.12 End North: 12383.34 Curve Length: 38.52 Delta: 90-05-32 Chord: 34.68 Course In: S 51-27-40 W RP North: 12368.08 End North: 12348.89 Line Course: S 51-33-11 W North: 12283.01 LAND SURVEYING -PLANNING East : 8463.11 Length: 77.46 East :- 8401.30 Length: 4.00 East 8398.82 Length: 138.49 East 8507.28 Length: 25.07 East 8527.73 Radius: 109.50 Tangent:-15.50 Course: S 46-35-48 E Course Out: N 51-27-40 E East 8464.38 East 8550.03 Radius: 24.50 Tangent: 24.54 Course: S 06-30-26 W Course Out: S 38-26-48 E East 8530.87 East 8546.10 Length: 105.95 East 8463.12 Perimeter: 420.30 Area: 10,748 sq. ft. 0.25 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.01 Course: S 74-23-55 E Error North: -0.003 East : 0.011 Precision 1: 41,635.00 68-487 Highway I 11, S4ite 43 • Cathedral City, CA 92234 • engineer(d�hackerengineering corn Phone: (760) 202-1800 • tax (760) 202-8267 • File:040404 LLA Lots 17-18 Closure • Page 2 o172 EXHIBIT "A" LOT LINE ADJUSTMENT NO.05-_ PARCEL A In the City of La Quinta, County of Riverside, State of California, being a portion of Lot 17 of Tract No. 29323-3 as recorded in Map Book 355, Pages 1-4, O.R., and being more particularly described as follows: BEGINNING at the northwest corner of said Lot 17, the southwest comer of Lot 16, and in an easterly line of Lot H; THENCE, North 78° 49' 01" Fast, along the northerly line of said Lot 17, a distance of 130.00 feet to the southwesterly right -of -Way line of Corte del Oro and in a non -tangent curve concave to the northeast having a radius of 38.50 feet, and from which point a radial line bears North 78' 49' 01" East; THENCE, along said southwesterly right-of-way line of Corte del Oro, an arc length of 29.21 feet, through a central angle of 43' 28' 17"; THENCE, South 54' 39' 16" East, continuing along the southwesterly right-of-way line of Corte del Oro, a distance of 24.92 feet; THENCE, South 51 ° 33' 12" West, a distance of 138.49 feet to a point in an easterly line of said Lot H; THENCE, North 38' 26' 48" 'West, along an easterly line of said Lot H, a distance of 34.68 feet to the beginning of a tangent curve concave to the northeast having a radius of 168.50 feet; THENCE, continuing along an easterly line of said Lot H, an arc length of 80.18 feet, through a central angle of 27' 15' 49" to the POINT OF BEGINNING. Said area contains 11,036 square feet, more or less, and is subject to existing casements and rights - of -way of record. Exhibit `B" attached is made a part hereof. \O�p LAND SG9 �y5 P�xp MAC O A cce-ao47 s'r pC.S.5� Q?Q OF CP\-\FO Page 1 of 1 H:\PROJ\2004\040404\Reports\040404 LLA,Pareel A EXHIBIT "A" LOT LINE ADJUSTMENT NO. 05-_ PARCEL B In the City of La Quinta, County of Riverside, State of California, being all of Lot 18 and a portion of Lot 17 of Tract No. 29323-3 as recorded in Map Book 355, Pages 1-4, O.R., and being more particularly described as follows: BEGINNING at the most southerly corner of said Lot 18, the most easterly southeast corner of Lot H of Tract No. 29323-3, said point being in the northwesterly right-of-way line of Parkway Esplanade West; THENCE, North 52' 56' 09"'West, along the southwesterly line of said Lot 18 and an easterly line of said Lot H, a distance of 77,46 feet; THENCE, North 38' 26' 48" ?Vest, continuing along an easterly line of said Lot H, a distance of 4.00 feet; THENCE, North 5 V 33' 12" East, a distance of 138.49 feet to a point in the southwesterly right-of- way line of Corte del Oro; THENCE, South 54' 39' 16" East, along said southwesterly right-of-way line of Corte del Oro, a distance of 25.07 feet to the beginning of a tangent curve concave to the southwest having a radius of 109.50 feet; THENCE, continuing along the southwesterly right-of-way line of Corte del Oro, an arc length of 30.80 feet through a central angle of 16' 06' 56" to the beginning of a compound curve concave to the west having a radius of 24,50 feet, from which point a radial line bears South 51* 27' 40" West; THENCE, an arc length of 38.52 feet, through a central angle of 900 05' 32" to a point in the northwesterly right-of-way line of said Parkway Esplanade West; THENCE, South 51 e 33' 12"'West, along said northwesterly right-of-way line of Parkway Esplanade West, a distance of 105.95 feet to the POINT OF BEGINNING. Said area contains 10,748 square feet, more or less, and is subject to existing easements and rights - of -way of record. Exhibit `B" attached is made a part hereof. O LAND SV9` fig;` J�O HACK,c. cno o p3 1 9 a ExP•� �q, q�OF CP�� Page I of I H:\PROJ\2004\040404\Reports\040404 LLA Legal Parcel B j +TACKER ENGINEERING, INC. CIVIL ENGINEERING - LAND SURV$YING - PLANNING 68487 Highway 111, Suite 43 Cathedral City, CA 512234 Phone: (760) 202-1800 Fax: (760) 202-8267 engineer(a)hac keren gi nedring.com �0 • ) , 1' i 6 \\.rry' J6 N Tg'49'01„ E �R) 130.00 11 HAC4 G9c 7 •C S. 51`� ��P 9�OF CAUFCj PROJECT: LOT LINE ADJUSTMENT NO.05-_ SHEET: 1 OF: 1 CALC'D: TCP CHK'D: JR W.O.: 040404 DATE: 21 FEB 2005 EXHIBIT 'B" �S�•g`99y, \�O 19 19 VN��POQ�O / ' PARCEL 'A' N ' 6I J6 JJ °O PARCEL �6• l- SCALE 1 "=40' CURVE TABLE RADIUS DELTA LENGTH TANGENT 168,50' 2T15'49" 80.18' 40.86' [CURVE 38.50' 43'28'17" 29.21' 15.35' 109.50' 16'06'56" 30.80' 15.50' 24.50' 90.05'32" 38.52' 24.54' 040404 LLA.dwg 02116105 Sanctity of Contract STEWART TITLE OF CALIFORNIA, INC., INLAND EMPIRE DIVISION 3403 TENTH STREET, SUITE 400 RIVERSIDE, CA 92501 (951) 276-2700 www.stsales.com PONDEROSA HOMES 6671 OWENS DRIVE PLEASANTON, CA 94588 Attention: PAM HARDY Order Number: 501278500 MEMBER CALIFORNIA LAND TITLE PRELIMINARY REPORT , OUP _ 1d n HACKER ENGINEERIP.'G 1i10 Your Reference: PONDEROSA HOMES In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms. The printed exceptions and exclusions from the coverage of said policy or policies are set forth in the attached list. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance a binder or commitment should be requested. Dated as of February 09, 2005 at 7:30 A.M. Print date: February 17, 2005 KATHY A. CRAWFORD, Title Officer (951) 276-2700 Fax: (951) 276-2306 501278500 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: PONDEROSA HOMES II, INIC., A CALIFORNIA CORPORATION Continued on next page -1- 0 0 501278500 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of RIVERSIDE, City of LA QUINTA, described as follows: LOTS 17 AND 18 OF TRACT NO. 29323-3 AS SHOWN BY MAP ON FILE IN BOOK 355 PAGES 1 THROUGH 4, OF MAPS RECORD OF RIVERSIDE COUNTY, CALIFORNIA. End of Legal Description Continued on next page -2- C-1 501278500 SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: A. GENERAL AND SPECIAL CITY AND/OR COUNTY TAXES FOR THE FISCAL YEAR 2005-2006, A LIEN NOT YET DUE AND PAYABLE. B. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICTS AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. SAID ASSESSMENTS ARE COLLECTED WITH THE COUNTY TAXES. C. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5, COMMENCING WITH SECTION 75 OF REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. D. A RESOLUTION ESTABLISHING WATERSHED BENEFIT ASSESSMENT AREAS WHICH PROVIDES FOR THE ISSUING OF BONDS AND THE LEVYING OF A SPECIAL TAX TO PAY THE INTEREST AND PRINCIPAL PAYMENTS ON SUCH BONDS UPON THE HEREIN DESCRIBED PROPERTY, RECORDED JUNE 10, 1991 AS INSTRUMENT NOS. 193749, 193750 AND 193751 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FURTHER AND OTHER PARTICULARS. THE INSTALLMENTS THEREUNDER BEING PAYABLE ANNUALLY WITH THE REAL PROPERTY TAXES. 1. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. 2. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF SAID LAND, LYING WITHIN ANY LAWFUL ESTABLISHED STREETS, ROADS, OR HIGHWAYS. 3. AN EASEMENT FOR EITHER OR BOTH POLE LINES, CONDUITS OR UNDERGROUND FACILITIES AND INCIDENTAL PURPOSES, IN FAVOR OF CALIFORNIA WATER AND TELEPHONE COMPANY, A CORPORATION IN INSTRUMENT RECORDED JULY 29, 1964 AS INSTRUMENT NO. 92728 AND 92729 OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: THE CENTER LINE OF THE 10.00 FOOT EASEMENT HEREBY GRANTED IS DESCRIBED AS FOLLOWS: Continued on next page -3- 11 FY,31P: , BEGINNING AT A POINT ON THE WEST LINE OF SAID PARCEL, SAID POINT BEING 49.00 FEET DISTANT FROM THE SOUTHEAST CORNER THEREOF AND RUNNING THENCE EASTERLY IN A STRAIGHT LINE, 49.00 FEET DISTANT FROM AND PARALLEL TO THE SOUTH LINE OF SAID PARCEL TO THE EAST LINE THEREOF. 4. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, IN FAVOR OF COUNTY OF IRIVERSIDE IN INSTRUMENT RECORDED NOVEMBER 2, 1966 AS INSTRUMENT NO. 107601 OF OFFICIAL RECORDS. 5. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, IN FAVOR OF COUNTY OF IRIVERSIDE IN INSTRUMENT RECORDED FEBRUARY 15, 1990 AS INSTRUMENT NO. 58725 OF OFFICIAL RECORDS. 6. AN EASEMENT FOR PIPE LINES FOR PRESENT OR FUTURE WATER LINE SYSTEM AND INCIDENTAL PURPOSES, IN FAVOR OF COACHELLA VALLEY WATER DISTRICT IN INSTRUMENT RECORDED APRIL 4, 1990 AS INSTRUMENT NO. 121154 OF OFFICIAL RECORDS. 7. AN EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES, INCLUDING PUBLIC UTILITY AND PUBLIC SERVICES PURPOSES, AND INCIDENTAL PURPOSES, IN FAVOR OF THE COUNTY OF RIVERSIDE, IN INSTRUMENT RECORDED DECEMBER 22, 1995 AS INSTRUMENT NO. 426274 OF OFFICIAL RECORDS. REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FURTHER AND OTHER PARTICULARS. 8. A NOTICE OF PENDENCY OF ADMINISTRATIVE PROCEEDINGS BASED UPON OWNER(S) NON-COMPLIANCE TO CORRECT MUNICIPAL CODE VIOLATIONS, INCLUDING LIABILITY FOR ALL COSTS AND EXPENSES ASSESSED AGAINST THE PROPERTY AS A LIEN FOR ABATEMENT, RECORDED NOVEMBER 9, 1999 AS INSTRUMENT NO. 95-495534 OF OFFICIAL RECORDS. NOTE: TO AVOID DELAYS AT THE TIME OF CLOSING, PLEASE SUBMIT THE ORIGINAL RELEASE (PROPERLY EXECUTED) INDICATING ALL CODE VIOLATIONS HAVE BEEN SATISFIED, AND A FINAL DEMAND FOR PAY-OFF EXECUTED BY THE RECORD AGENCY. 9. THE EFFECT OF THE FOLLOWING: NOTICE OF NON -RESPONSIBILITY, THIS NOTICE IS HEREBY GIVEN THAT LA QUINTA DUNES 350, INC. A CALIFORNIA CORPORATION WILL NOT BE RESPONSIBLE FOR ANY CLAIMS ARISING FROM THE WORK OF IMPROVEMENT PERFORMED BY PONDEROSA HOMES II, INC., A CALIFORNIA CORPORATION, SAID NOTICE WAS RECORDED MARCH 21, a003 AS INSTRUMENT NO. 2003-199361 OF OFFICIAL RECORDS. 10. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED MASTER DECLARATION FOR TITLE 7 AND DISPUTE RESOLUTION FOR MOSAIC, BY AND BETWEEN PONDEROSA HOMES II, INC., AND EACH INITIAL OWNER Continued on next page -4- AND EACH SUCCESSOR OWNER, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED JULY 7, 2003 AS INSTRUMENT NO. 03-501321 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR PARTICULARS. 11. FIRST AMENDMENT TO MASTER DECLARATION FOR TITLE 7 AND DISPUTE RESOLUTION MOSAIC, DATED NOVEMBER 1, 2004, BY PONDEROSA HOMES II, INC., A CALIFORNIA CORPORATION, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED NOVEMBER 17, 2004 AS INSTRUMENT NO. 04-916657 OF OFFICIAL RECORDS. SECOND AMENDMENT TO 'MASTER DECLARATION FOR TITLE 7 AND DISPUTE RESOLUTION MOSAIC, DATED JANUARY 13, 2005, BY PONDEROSA HOMES II, INC., A CALIFORNIA CORPORATION, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED JANUARY 26, 2005 AS INSTRUMENT NO. 2005-70978. OF OFFICIAL RECORDS. (SAID MATTER AFFECTS LOTS 13-18, 19-27, 28-45, 66, 67-69) 12. THE MATTERS CONTAINED IN AND INSTRUMENT ENTITLED CABLE SERVICE EASEMENT AGREEMENT, BY AND BETWEEN CORNERSTONE DEVELOPERS AND TIME WARNER ENTERTAINMENT ADVANCE/NEWHOUSE PARTNERSHIP, D.B.A. TIME WARNER CABLE, ITS SUCCESSORS, ASSIGNS, LESSEES AND LICENSEES, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED APRIL 11, 2003 AS INSTRUMENT NO. 2003-257473 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR PARTICULARS. 13. A TITLE 7 MASTER DECLARATION FOR TAPESTRY AT ESPLANADE RECORDED IN ORDER TO COMPLY WITH THE REQUIREMENTS OF RECENTLY ENACTED STATE LEGISLATION REGARDING PRE -LITIGATION DISPUTE RESOLUTION PROVISIONS OF NOTICE OF, INSPECTION RIGHTS AND THE OPPORTUNITY FOR A BUILDER TO CURE ALLEGED CONSTRUCTION OR DESIGN DEFECTS AND TO SUPPLEMENT AND MODIFY THE MASTER DECLARATION TO ADD CERTAIN PROVISIONS REGARD THE RIGHTS OF OBLIGATIONS OF FUTURE OWNERS OF THE BUILDER PROPERTIES WITH RESPECT TO HANDLING OF CONSTRUCTION OR DESIGN DEFECT CLAIMS AND PROCEDURES FOR ALTERNATE DISPUTE RESOLUTION RECORDED MAY 6, 2004 AS INSTRUMENT NO. 2004,-337612 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. REFERENCE IS MADE TO SAID INSTRUMENT FOR PARTICULARS. 14. COVENANTS, CONDITIONS, AND RESTRICTIONS AS CONTAINED IN INSTRUMENT RECORDED JULY 07, 2003 AS INSTRUMENT NO. 03-501315 OF OFFICIAL RECORDS. TERMS, PROVISIONS, COVENANTS, CONDITIONS AND RESTRICTIONS, EASEMENTS, CHARGES, ASSESSMENTS AND LIENS PROVIDED IN THE Continued on next page -5- 0 501278500 COVENANTS, CONDITIONS AND RESTRICTIONS ABOVE MENTIONED, BUT OMITTING ANY COVENANT, CONDITION OR RESTRICTION, IF ANY, BASED ON RACE, COLOR, RELIiGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, CONDITION OR RESTRICTION (a) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES CODE, OR (b) RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. DECLARATION OF ANNEXATION AFFECTING THE HEREIN DESCRIBED PROPERTY RECORDED MAY 14, 2004 AS INSTRUMENT NO. 04-0361073 OF OFFICIAL RECORDS. (SAID MATTER AFFECTS LOTS 28-45) A DECLARATION OF ANNEXATION AFFECTING THE HEREIN DESCRIBED PROPERTY RECORDED MAY 14, 2004 AS INSTRUMENT NO. 04-0361076 OF OFFICIAL RECORDS. (SAID MATTER AFFECTS LOTS 19-27 AND 66) A DECLARATION OF ANNEXATION AFFECTING THE HEREIN DESCRIBED PROPERTY RECORDED MAY 14, 2004 AS INSTRUMENT NO. 04-0361079 OF OFFICIAL RECORDS. (SAID MATTER AFFECTS LOTS 13-18, 67, 68 AND 69) 15. A TITLE 7 MASTER. DECLARATION FOR TAPESTRY AT ESPLANADE RECORDED IN ORDER TO COMPLY WITH THE REQUIREMENTS OF RECENTLY ENACTED STATE LEGISLATION REGARDING PRE -LITIGATION DISPUTE RESOLUTION PROVISIONS OF NOTICE OF, INSPECTION RIGHTS AND THE OPPORTUNITY FOR A BUILDER TO CURE ALLEGED CONSTRUCTION OR DESIGN DEFECTS AND TO SUPPLEMENT AND MODIFY THE MASTER DECLARATION TO ADD CERTAIN PROVISIONS REGARD THE RIGHTS OF OBLIGATIONS OF FUTURE OWNERS OF THE BUILDER PROPERTIES WITH RESPECT TO HANDLING OF CONSTRUCTION OR DESIGN DEFECT CLAIMS AND PROCEDURES FOR ALTERNATE DISPUTE RESOLUTION RECORDED MAY 14, 2004 AS INSTRUMENT NO. 2004-0361080 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. REFERENCE IS MADE TO SAID INSTRUMENT FOR PARTICULARS. (SAID MATTER AFFECTS LOTS 13-18, 67, 68 AND 69) 16. OWNER'S CERTIFICATE ON THE MAP OF SAID TRACT RECITES IN PART: WE HEREBY RETAIN FOR PRIVATE STREET PURPOSES LOTS A THROUGH E, INCLUSIVE. WE HEREBY DEDICATE TO THE CITY OF LA QUINTA THE EASEMENTS FOR PUBLIC UTILITY PURPOSES ALONG WITH THE RIGHT OF INGRESS AND EGRESS OF SERVICE AND EMERGENCY VEHICLES OVER LOTS A THROUGH E, Continued on next page -6- 501278500 INCLUSIVE, DESIGNATED AS PRIVATE STREETS. WE HEREBY RETAIN FOR OPEN SPACE PURPOSES LOTS F THROUGH H, INCLUSIVE. ANY OFFER FOR DEDICATION TO THE IMPERIAL IRRIGATION DISTRICT, AN EASEMENT OVER ALL PRIVATE STREETS SHOWN ON THE MAP AND AN ADDITIONAL 10 FEET ON BOTH SIDES AND ADJACENT TO ALL PRIVATE STREETS AND/OR PUBLIC STREETS SHOWN ON THIS MAP, FOR THE EXCAVATION, LAYING, CONSTRUCTION, INSTALLATION, MAINTENANCE, OPERATION, INSPECTION, REPAIR, REPLACEMENT, AND REMOVAL OF ELECTRICAL LINES, WIRES, CABLES, DUCTS, SUPPORTS, FIXTURES, FACILITIES AND APPURTENANCES WITH THE RIGHT OF INGRESS AND EGRESS OVER AND WITHIN SAME FOR MAINTENANCE, OPERATION AND EMERGENCY VEHICLES, AS SHOWN ON THE TRACT MAP. AN OFFER FOR DEDICATION TO THE COACHELLA VALLEY WATER DISTRICT, EASEMENTS FOR SANITATION PURPOSES OVER LOTS "A" THROUGH "E" INCLUSIVE, DESIGNATED AS "PRIVATE STREET" THE EASEMENTS SO DEDICATED INCLUDE THE RIGHT TO ENTER UPON SAID LANDS, TO SURVEY, CONSTRUCT, RECONSTRUCT, LAY, RELAY, MAINTAIN, OPERATE, CONTROL, USE AND REMOVE PIPELINES, FIXTURES AND APPURTENANCES, AND TO REMOVE OBJECTS INTERFERING WITH THE CONSTRUCTION, OPERATION AND MAINTENANCE THEREOF, AS SHOWN ON THE TRACT MAP. 17. AN EASEMENT FOR PUBLIC UTILITIES, AND INCIDENTAL PURPOSES, AS SHOWN ON THE MAP OF SAID TRACT OR PARCEL. 18. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED DOMESTIC WATER AND/OR SANITATION SYSTEM INSTALLATION AGREEMENT, DATED MARCH 8, 2004 BY AND BETWEEN THE COACHELLA VALLEY WATER DISTRICT AND LENNAR HOMES OF CALIFORNIA, INC., UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED JUNE 2, 2004 AS INSTRUMENT NO. 04-417752 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR PARTICULARS. 19. AN EASEMENT FOR THE TRANSMISSION OF ELECTRIC ENERGY FOR COMMUNICATIONS, INTELLIGENCE, VIDEO, INTELLIGENCE BY ELECTRICAL MEANS AND INCIDENTAL PURPOSES, IN FAVOR OF VERIZON CALIFORNIA INC., A CORPORATION IN INSTRUMENT RECORDED SEPTEMBER 1, 2004 AS INSTRUMENT NO. 2004-0693277 OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: OVER, ALONG, ACROSS OR BENEATH ALL STREETS, ALLEYS, HIGHWAYS, AND PUBLIC PLACES AND WITHIN 3 FEET OF ALL DIVISION PROPERTY LINES (EXCEPT SUCH LINES AS COINCIDE WITH BOUNDARY LINES OF STREETS AND ALLEYS), AS SHOWN ON THE MAP OF SAID TRACT. ALSO, VARIOUS STRIPS OF LAND, EACH 5.00 FEET IN WIDTH, LYING Continued on next page -7- 501278500 WITHIN THOSE LOTS BOUNDED ON ONE OR MORE SIDES BY STREETS, ALLEYS OR HIGHWAYS; SAID 5.00 FOOT STRIPS OF LAND SHALL, IN ALL CASES, BE COINCIDENTAL WITH THE EXTERIOR RIGHT-OF-WAY LINES OF SAID STREETS, ALLEY$ OR HIGHWAYS, AS LOTS ARE SHOWN ON SAID MAP. 20. A CONSTRUCTION DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED SEPTEMBER 30, 2004 AS INSTRUMENT NO. 04-775963 OF OFFICIAL RECORDS: DATED: TRUSTOR TRUSTEE: BENEFICIARY AMOUNT: SEPTEMBER 13, 2004 PONDEROSA HOMES II, INC., A CALIFORNIA CORPORATION STEWART TITLE OF CALIFORNIA, INC. HOUSING CAPITAL COMPANY, A MINNESOTA PARTNERSHIP $14,006,530.00 21. THE REQUIREMENT THAT A VALID NOTICE OF COMPLETION BE RECORDED, AND THE PROPER LIEN PERIOD HAVING EXPIRED, PRIOR TO THE ISSUANCE OF OUR POLICY OF TITLE INSURANCE. 22. NOTE: INFORMATION IN POSSESSION OF THIS COMPANY INDICATES THAT A DIVISION OF LAND IS CONTEMPLATED IN THE CURRENT TRANSACTION INVOLVING THE LAND DESCRIBED IN THIS REPORT. SUCH CONTEMPLATED DIVISION OF LAND WOULD APPEAR TO FALL WITHIN THE PURVIEW OF THE SUBDIVISION MAP ACT (G.C. 66410 ET SEQ) ONE OF THE FOLLOWING SHOULD BE ACCOMPLISHED: A. A SUBDIVISION MAP SHOULD BE RECORDED IN COMPLIANCE WITH THE SUBDIVISION MAP ACT OR RELATED LOCAL ORDINANCES; B. A PARCEL MAP SHOULD BE RECORDED IN COMPLIANCE WITH THE SUBDIVISION MAP ACT OR RELATED LOCAL ORDINANCES; C. A CERTIFICATE OF COMPLIANCE AS PROVIDED FOR IN THE SUBDIVISION MAP ACT (G.C. 66499.35) SHOULD BE RECORDED; D. A WAIVER AS PROVIDED FOR IN THE SUBDIVISION MAP ACT (G.C. 66428) SHOULD BE OBTAINED. 23. MATTERS WHICH MAY AFFECT THE TITLE UNLESS ELIMINATED BY A STATEMENT OF IDENTITY FROM THE FOLLOWING: ALL PARTIES END OF EXCEPTIONS Typist Initials: RLA Print date: February 17, 2005 Continued on next page -8- do Ul 501278500 NOTES 1. SUBDIVISION RATE 2. OUR A.L.T.A. LENDERS POLICY, WHEN ISSUED, WILL CONTAIN C.L.T.A. INDORSEMENT NO. 100. 3. ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE PROPERTY HEREIN DESCRIBED IN THIS REPORT WITHIN A PERIOD OF 24-MONTHS PRIOR TO THE DATE OF THIS REPORT, EXCEPT AS FOLLOWS: (NONE) 4. THE FOLLOWING TAXES HAVE ALL BEEN PAID AND ARE REPORTED FOR PRORATION PURPOSES ONLY. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2004-2005: TOTAL AMOUNT: FIRST INSTALLMENT: SECOND INSTALLMENT: CODE AND PARCEL NO: EXEMPTION: $207,493.26 $103,746.63 $103.746.63 020136/609-380-030-1 NONE Continued on next page -9- 0 501278500 CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub -escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available prior to disbursement. Funds received by Stewart Title of California, Inc. (Stewart Title) via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub -escrow funds received will be deposited with other escrow funds in one or more non -interest bearing escrow accounts in a financial institution selected by Stewart Title. Stewart Title may recieve certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and Stewart Title shall have no obligation to account to the depositing party in any manner for the value of, or pay to such party, any benefit received by Stewart Title. Such benefits shall be deemed additional compensation to Stewart Title for its services in connection with the escrow or sub -escrow. WIRING INSTRUCTIONS IF YOU ANTICIPATE HAVING FUNDS WIRED TO STEWART TITLE OF CALIFORNIA, INLAND EMPIRE DIVISION, OUR WIRING INFORMATION IS AS FOLLOWS: UNION BANK OF CALIFORNIA LOS ANGELES, CA ABA 122000496 ACCOUNT #9120050750 ACCOUNT NAME: STEWART TITLE OF CALIFORNIA, INLAND EMPIRE DIVISION SUB -ESCROW TRUST ACCOUNT REF: 501278500** ** WHEN INSTRUCTING THE FINANCIAL INSTITUTION TO WIRE FUNDS, IT IS VERY IMPORTANT THAT YOU REFERENCE STEWART TITLE'S ORDER NUMBER. ** SHOULD YOU HAVE ANY QUESTIONS IN THIS REGARD, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. -10- 9 EXHIBIT "A" LEGAL DESCRIPTION 501278500 The land referred to herein is situated in the State of California, County of RIVERSIDE, City of LA QUINTA, described as follows: LOTS 17 AND 18 OF TRACT NO. 29323-3 AS SHOWN BY MAP ON FILE IN BOOK 355 PAGES 1 THROUGH 4, OF MAPS RECORD OF RIVERSIDE COUNTY, CALIFORNIA. End of Legal Description N Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title of California, Inc. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title of California, Inc. We may collect nonpublic personal information about you from the following sources: * Information we receive from you, such as on applications or other forms. * Information about your transactions we secure from our files, or from our affiliates or others. * Information we receive from a consumer reporting agency. * Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliates third parties permitted by law. We also may disclose this information about our customers or former customers to companies that perform services on our behalf as permitted by law. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. CLTA PRELIMINARY RT FORM EXHIBIT A CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 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 OR ZONING LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (I) THE OCCUPANCY, USE, OR ENJOYMENT OF THE LAND; (II) THE OCARACTER, 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 EFF'ECOF 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 OR POLICY. (B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTEND THAT A NOTICE OF THE EXERCISE THEREOF OR NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION GR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. 2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE. 3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS: (A) WHETHER OR NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT; (B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY; (C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT; (D) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY; OR (E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR THE INSURED MORTGAGE OR FOR THE ESTATE OR INTEREST INSURED BY THIS POLICY. I. UNENFORCEABLILITY 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 OR INDEBTEDNESS, TO COMPLY WITH THE APPLICABLE DOING BUSINESS LAWS, OF THE STATE IN WHICH THE LAND IS SITUATED. ,. INVALIDITY OR UNENFORCEABILITY OE 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. i. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURE➢ THE ESTATE OR INTEREST INSURED BY THIS 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. 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 WENCH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF CHE 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, CL.AIM5 OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 1 OF 6 0 0 CLTA PRELIMINARY REPORT FORM 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) 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 GOVERNMENTAL 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 ➢ESCRIBED IN ITEMS 12 AND 13 OF COVERED TITLE RISKS. 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 170 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 S 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. 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. ANY RIGHTS, INTERESTS, OR CLAIMS OF PARTIES IN POSSESSION OF THE LAND NOT SHOWN BY THE PUBLIC RECORDS, 2, ANY EASEMENTS OR LIENS NOT SHOWN BY THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE LIEN COVERAGE IN ITEM E OF COVERED TITLE RISKS. 3. ANY FACTS ABOUT THE LAND WHICH A CORRECT SURVEY WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE FORCED REMOVAL COVERAGE IN ITEM 12 OF COVERED TITLE RISKS. 4. ANY WATER RIGHTS OR CLAIMS OR TITLE TO WATER IN OR UNDER THE LAND, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 2 OF 6 0 CLTA PRELIMINARY REPORT FORM 3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS AND COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COSTS, ATTORNEY'S 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 OHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND; (III) A SEPFARATION 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, ORDINANCIES 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 OR 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 POLL'Y, 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 SUBSEQUERT 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 TO THE EXTENT INSURANCE IS AFFORDED ;HEREIN AS TO THE 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. 9. 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 OFTHE 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, TABOR 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 OR THE INDEBTEDNESS SECURED BY THE INSURED MORTGAGE WHICH AT DATE OF POLICY THE INSURED HAS ADVANCED OR IS OBLIGATED TO ADVANCE. 7. ANY CLAIM, WHICH ARISES OUT OF THE: TRANSACTION CREATING THE INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (I) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (II) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE OR 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 RECORDED THE INSTRUMENT OF TRANSFER; OR (B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 3 OF 6 CLTA PRELIMINARY REPORT FORM THE ABOVE POLICY FORMS MAY BE ISSUED TO AFFORD EITHER STANDARD COVERAGE OR EXTENDED COVERAGE. IN ADDITION TO THE ABOVE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE IN A STANDARD COVERAGE; POLICY WILL INCLUDE THE FOLLOWING GENERAL EXCEPTIONS: 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 WRITE MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERESTS OR CALIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, LIENS OR ENCUMMBRANCES, 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; (0) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS, 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY (EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COST, 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; (I'iII) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH T,HE 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 POWES, 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 DEEN 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 TARING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OFF 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 CRE➢ITORS' 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. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 4 OF 6 CLTA PRELIMINARY REPORT FORM THE ABOVE POLICY FORMS MAY BE ISSUED TO AFFORD EITHER STANDARD COVERAGE OR EXTENDED COVERAGE. IN ADDITION TO THE ABOVE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE IN A STANDARD COVERAGE POLICY WILL INCLUDE THE FOLLOWING GENERAL EXCEPTIONS: 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 NAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLIICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS 5. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) 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 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. NOTICE OF EXERCISING THE RIGHT APPEARS IN THE PUBLIC RECORDS AT THE POLICY DATE; OR S. THE TAKING HAPPENED BEFORE THE POLICY DATE AND IS BINDING ON YOU IF YOU BOUGHT THE LAND WITHOUT [WOWING 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, S.D, 22, 23, 24 OR 25. 5. FAILURE TO PAY VALUE FOR YOUR TITLE. 6. LACK OF A RIGHT: A. TO ANY LAN➢ OUTSIDE THE AREA SPECIFICALLY DESCRIBED AND REFERRED TO IN PARACRAPH 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. REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 5 OF 6 6. "GOLD" COMPREHENSIVE PROTECTION LOAN POLICY OF TITLE INSURANCE EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COST, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF: (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; (IiII) 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 FROM COVERAGE 1(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, 15, 16, 19, 34, AND 41. (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 FROM COVERAGE 1(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, 15, 16, 17, 34, AND 41. 2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE. 3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS: (A) CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT; (B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY; (C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT; (D) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY (THIS EXCLUSION FROM COVERAGE 3 (D) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 9, 8, 15, 16, 18, 21, 22, 24, 25, 26, 28, 29, 30, 32, 33, 34, 35, 38, 39, AND 40); (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 TEE INSURED MORTGAGE BECAUSE OF THE INABILITY OR FAILURE OF THE INSURED AT DATE OF POLICY, OR THE INABILITY OR FAILURE OF ANY SUBSEQUENTOWNEROF 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 INSURE➢ MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON ANY CONSUMER CREDIT PROTECTION OR TRUTH -IN -LENDING LAW. 6. 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 ESTATE 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. 5. TAXES, ASSESSMENTS, COSTS, CHARGE$, DAMAGES AND OTHER OBLIGATIONS TO THE GOVERNMENT SECURED BY STATUTORY LIENS THAT BECOME A LIEN ON THE LAND SUBSEQUENT TO DATE OF POLICY, BUT THIS EXCLUSION 9 DOES NOT LIMIT THE COVERAGE OF INSURING PROVISION 34, REV. 1999 STENART TITLE GUARANTY COMPANY PAGE 6 OF 6 O N ° tl iRig w� Ell —00 • r �" y E .� � ? ui J N •- } 4O% O a m %< ..m• O" 7N N ug Y Y n �f ; tff•. .r�•t W a •' �,r' C 4., N sue" v �^n`^ � ,q ��O •O�• .�•�Ya.., Oa O� OL •3 r`•s • `Ox y qm . �^ a � E U M4 1 O � •. � O � vwl �• G� �� O Y O Q is t Og id O= y \ � OL Mg M n E bt .m.. � E Otl E. O�i OL .5 O12 Ott OL .xMl Y".. inn • e AR. rn. 77