The URL can be used to link to this page

SNC 2001-012City (La Quinta Corrimunity Development Depart 78-495 Calle Tampico - P 0 Box 1504 La Quinta, California 92253 (760) 777-7125 - fax (760) 777-1233 Application for Street Name Change In order to process your application in a timely manner, this form must be completed and accompanied by: ► NON-REFUNDABLE FILING FEE ) 9'� ► 1 COPY OF LOCALITY PLAN* ► 1 COPY OF DETAILED PLAN* *See the back of this form for detailed requirements. Failure to provide the required information is justification for rejection of the application. Name of Petitioner LAKE LA QUINTA COMMUNITIES OFFICE USE ONLY Case No.-53' u / — 6 ci Date recvd S- z l - 13 Fee: Request Denied Approved subject to the attached revised conditions. Comments Logged in by: Daytime Phone 760/771-Q636 ext.#2 Mailing Address o►= 47-065 VI_ ANTIBES (Street) Name of Street (s) Proposed for Name Change: Existing Name/Address Affected LA OUINTA 92253 (City) (Zip Code) Proposed Name VIA TRIESTE - 47925, 47895, 47960, 47930 VIA VERONA -# 47900, 47870, 47840, 47810, 47780, 47805 47835, 47865 Location of affected streets including Tract number: VIA TRIESTE,TRACT #26152 VIA LIVORNO VIA NAPOLI• 3 Reason for name change: US POSTAL SERVICE Signature of Applicant/Petitioner._.._ lJ� Date B5-St Name Chg ce-thi/ 444 a Fitz' COPY P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 October 5, 2001 Kathy Warner Lake La Quinta Communities 47-065 Via Antibes La Quinta, CA 92253 SUBJECT: STREET NAME CHANGE 2001-012 Dear Ms. Warner: (760) 777-7000 FAX (760) 777-7101 After further research, it has been determined that your preferred choice of street name for a portion of Via Trieste, Via Verona, has already been approved for use in another development. Therefore, the Community Development Department will be recommending that the Planning Commission change the street name to your second choice, Via Livorno, at its meeting of November 13, 2001. Please contact me at 760-777-7068 if you have any questions. Sincerely, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR k('ck-LLLCQYAOC MICHELE RAMBO Associate Planner • F(/tECOPY Tat, ,eAuGtfty P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 September 27, 2001 Kathy Warner Lake La Quinta Communities 47-065 Via Antibes La Quinta, CA 92253 SUBJECT: STREET NAME CHANGE 2001-012 Dear Ms. Warner: (760) 777-7000 FAX (760) 777-7101 On September 25, 2001, the Planning Commission, on a 5-0 vote, adopted Resolution 2001-121 declaring its intention to hold a public hearing on November 13, 2001 to consider a street name change for Via Trieste, located in Lake La Quinta. The Planning Commission's decision is final, but may be appealed to the City Council pursuant to Section 9.200.120 of the Zoning Ordinance, provided a written appeal and filing fee of $175.000 are received by October 10. Please contact this office for assistance should you desire to file an appeal. If you have any questions, please contact me at (760) 777-7068. Sincerely, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR L)Cduz_kiL} 1---)eLeNdioo MICHELE RAMBO Associate Planner cc: Community Development Director Building and Safety Manager Fire Marshal Public Works g�� CITY Or LA QUINTA CITY COUNCIL NOTICE OF PUBLIC HEARING F/LfCopr NOTICE IS HEREBY GIVEN that the City of La Quinta City Council will hold a PUBLIC HEARING on November 20, 2001., at 7:00 p.m. in the La Quinta City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, California, on the following item: ITEM: STREET NAME CHANGE 2001-012 APPLICANT: LAKE LA QUINTA COMMUNITIES LOCATION: VIA TRIESTE WITHIN LAKE LA QUINTA REQUEST: CHANGE THE NAME OF A PORTION OF VIA TRIESTE TO VIA LIVORNO LEGAL: TRACT NO. 26152 The La Quinta Community Development Department has determined that this project is exempt per Section 15301 (Existing Facilities) of the Guidelines for Implementation of the California Environmental Quality Act (CEQA). Any person may submit written comments on this case to the Community Development Department prior to the Hearing and/or may appear and be heard in support of, or opposition to, the project at the time of the Hearing. If you challenge the decision of this case in court, you may be limited to raising only those issues that you or someone else raised either at the Public Hearing or in written correspondence delivered to the Community Development Department at, or prior to, the Public Hearing. The proposed file(s) may be viewed by the public Monday through Friday 8:00 a.m. until 5:00 p.m. at the Community Development Department, La Quinta Civic Center, 78-495 Calle Tampico, La Quinta, California. The public comment period started on October 22, 2001 and will continue through the City Council Public Hearing on November 20, 2001. In the City's efforts to comply with the requirements of Title II of the Americans With Disabilities Act of 1990, the Administration/Community Development Department requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the Community Development Department a minimum of 72 hours prior to the scheduled meeting. PUBLISH ONCE ON NOVEMBER 8, 2001 1 10 VICINITY MAP NTS CITY uF LA QUINTA PLANNING COMMISSION /9100,3, NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of La Quinta Planning Commission will hold a PUBLIC HEARING on November 13, 2001, at 7:00 p.m. in the La Quinta City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, California, on the following item: ITEM: STREET NAME CHANGE 2001-012 APPLICANT: LAKE LA QUINTA COMMUNITIES LOCATION: VIA TRIESTE WITHIN LAKE LA QUINTA REQUEST: CHANGE THE NAME OF A PORTION OF VIA TRIESTE TO VIA LIVORNO LEGAL: TRACT NO. 26152 The La Quinta Community Development Department has determined that this project is exempt per Section 15301 (Existing Facilities) of the Guidelines for Implementation of the California Environmental Quality Act (CEQA). NCINITY MAP Any person may submit written comments on this case to the Community Development Department prior to the Hearing and/or may appear and be heard in support of, or opposition to, the project at the time of the Hearing. If you challenge the decision of this case in court, you may be limited to raising only those issues that you or someone else raised either at the Public Hearing or in written correspondence delivered to the Community Development Department at, or prior to, the Public Hearing. The proposed file(s) may be viewed by the public Monday through Friday 8:00 a.m. until 5:00 p.m. at the Community Development Department, La Quinta Civic Center, 78-495 Calle Tampico, La Quinta, California. The public may comment on the proposed street name change through the City Council meeting of November 20, 2001. In the City's efforts to comply with the requirements of Title II of the Americans With Disabilities Act of 1990, the Administration/Community Development Department requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the Community Development Department a minimum of 72 hours prior to the scheduled meeting. PUBLISH ONCE ON OCTOBER 22, 2001 CALEO BAY VIA FIRENZE VIA NICE A VIA JARpl1�, co z U1 VIA TRI 5r"- c/1 VIA QPERA VIA Z URICH VIA TRIEST 1 0 Z n VIA.MONT1G0 WASHINGTON ST. ADAMS ST. RESOLUTION NO. 2001-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A STREET NAME CHANGE FOR A PORTION OF VIA TRIESTE TO VIA LIVORNO, LOCATED WITHIN LAKE LA QUINTA CASE NO.: STREET NAME CHANGE 2001-012 APPLICANT: LAKE LA QUINTA COMMUNITIES COPY WHEREAS, the City Council of the City of La Quinta, California, did on the 20th day of November 20, 2001, consider a street name change for a portion of Via Trieste to Via Livorno within Lake La Quinta for Lake La Quinta Communities; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13th day of November, 2001, consider a street name change for a portion of Via Trieste to Via Livorno within Lake La Quinta and recommended approval; and, WHEREAS, Resolution 2001-121 was adopted by the Planning Commission at its meeting of September 25, 2001, declaring its intent to hold a public hearing on this item at its meeting of November 13, 2001; and WHEREAS, upon hearing and considering all testimony and arguments, if any of all interested persons desiring to be heard, said City Council did make the following findings to justify their approval of said stret name change per Section 14.08.050 of the La Quinta Municipal Code: 1. Determination of Sufficiency: The proposed street name change is a reasonable request based on the concerns expressed by the United States Postal Service. The change of name will provide for better service to the citizens of La Quinta. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Street Name Change 2001-012 changing a portion of Via Trieste to Va Livorno per the attached Exhibit "A"; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 20th day of November, 2001, by the following vote, to wit: Resolution 2001-148 Street Name Change 2001-012 Lake La Quinta Communities November 21, 2001 Page 2 AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None J `1. PENA, Mayor City o La • uinta, California ATTEST: JUN! 5. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE `JENSON, City ttorney City of La Quinta, California EXHIBIT "A' z W K • 4 S 110 47TH AVE. O N ~ ¢ m VIA ANTIBES 5f O 8 i VIA $0U0 4 z < AVENUE 4$ VI VICINITY MAP NTS i O CHANGED TO VIA LIVORNA SITE cettti4 4atinfai COUNCIL/RDA MEETING DATE: November 20, 2001 ITEM TITLE: Public Hearing to Consider Street Name Change 2001-012 to Change the Name of a Portion of Via Trieste to Via Livorno Within Lake La Quinta. Applicant: Lake La Quinta Communities AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council Resolution approving a street name change for a portion of Via Trieste to Via Livorno. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The applicant, Lake La Quinta Communities, has been informed by the United States Postal Service that mail cannot be delivered to all residences along Via Trieste as it is a "U" shape (Attachment 1). The two parallel portions of the "U" shape are both in the 47-000 range of addresses thereby causing confusion in delivering the mail as to which of the two mail boxes to use. The United States Postal Service computers are unable to process these varying address numbers. Project Description: To correct the mail delivery problem the applicant is requesting to change the eastern- most portion of the "U" from Via Trieste to Via Livorno (Attachment 2). Planning Commission Action: The Planning Commission at its meeting of September 25, 2001 initiated the process by setting a Public Hearing date of November 13, 2001 to adopt Planning Commission Resolution 2001-138 approving the street name change (Attachment 3). G:\WPDOCS\CC Stf Rpts\SNCLakeLQ-012.wpd Public Notice: A public hearing notice for this item was published in the Desert Sun on November 8, 2001 and copies of the public hearing notice were posted along the portion of Via Trieste to be changed, per Sections 14.08.060 and 14.08.070 of the Municipal Code. To date, no comments have been received. FINDINGS AND ALTERNATIVES: The findings required to support this street name change are found in Section 14.08.050 of the Municipal Code and can be met as discussed in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Street Name Change 2001- 012 for a portion of Via Trieste to Via Livorno; 2. Do not adopt a Resolution of the City Council approving Street Name Change 2001-012 for a portion of Via Trieste to Via Livorno; or 3. Provide staff with alternative direction. Respectfully submitted, Herm munity Development Director Approved for submission by: -XP.)-s-t.‘cd .. vkr---tv•-•-41- homas P. Genovese, City Manager Attachments: 1. Location map 2. Parcel Map showing portion of the street name to be changed 3. Draft Planning Commission Minutes November 13, 2001 G:\WPDOCS\CC Stf Rpts\SNCLakeLQ-012.wpd RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A STREET NAME CHANGE FOR A PORTION OF VIA TRIESTE TO VIA LIVORNO, LOCATED WITHIN LAKE LA QUINTA CASE NO.: STREET NAME CHANGE 2001-012 APPLICANT: LAKE LA QUINTA COMMUNITIES WHEREAS, the City Council of the City of La Quinta, California, did on the 20th day of November 20, 2001, consider a street name change for a portion of Via Trieste to Via Livorno within Lake La Quinta for Lake La Quinta Communities; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13th day of November, 2001, consider a street name change for a portion of Via Trieste to Via Livorno within Lake La Quinta and recommended approval; and, WHEREAS, Resolution 2001-121 was adopted by the Planning Commission at its meeting of September 25, 2001, declaring its intent to hold a public hearing on this item at its meeting of November 13, 2001; and WHEREAS, upon hearing and considering all testimony and arguments, if any of all interested persons desiring to be heard, said City Council did make the following findings to justify their approval of said stret name change per Section 14.08.050 of the La Quinta Municipal Code: 1. Determination of Sufficiency: The proposed street name change is a reasonable request based on the concerns expressed by the United States Postal Service. The change of name will provide for better service to the citizens of La Quinta. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Street Name Change 2001-012 changing a portion of Via Trieste to Va Livorno per the attached Exhibit "A"; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 20th day of November, 2001, by the following vote, to wit: G:\WPDOCS\CCReso-COA\SNCLakeLQ012.wpd 003 • • r Resolution 98- AYES: NOES: ABSENT: ABSTAIN: JOHN PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC/AAE, City Clerk City of La Quinta, California APPROVED AS TO FORM: KATHY JENSON, City Attorney City of La Quinta, California 004 G:\WPDOCS\CCReso-COA\SNCLakeLQ012.wpd ATTACHMENTS EXHIBIT "A" WASHINGTON S 110 VICINITY MAP N TS CHANGED TO VIA LIVORNA "26 3'M HO.9b A-90'58•27' A-20.00 L -3131.76 / T-20.34z y N 0. 06' 07' 3 74.49 / / A-25' 03. tar y24 A-10.00 N 64 i4 S1 • 45.99 4/-- -2 •T RT 32'166 1.37 G' 11'50' 80.73 j' 39' 43'W 61.28 5'34' J.00 4.47 .26 '52'03'M 33.97 27i rIENEuN RESERVED FOR STORMwA f =R � \ RETENTION AND RECREATIONAL PURPOSES HEREON f Y7 34 f 255 y7 3 t 251 256 7- • y7-56 S I 46 7g-V5 45 N,89.31.06'E 2646.6 555\ 237 238 �� 136 ( mil? ,crr 12014.641 235 -14570 /ry,.6o0 23A 11.72A1 b)� 232 % \d 231 • •) 2'_3 /L 48TH AV=NUE 74 216 t II �, 227 DRAIN E.1 to, i0' STORM �,f14 o lin .SEMEN1IP ' 2�(lam' 3 f1:StRVED FOR � I I OPE�i SPACE HEREON 1 1:11 2'119' I ; ri-Tf-2-5"/ if 72� h l ! I 10 ,trtle i1�5+ y7-6o c118 Q y7. 80 • 7 y19�o — IN I Z NIL PLANNING COMMISSION RESOLUTION 2001-138 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A STREET NAME CHANGE FOR A PORTION OF VIA TRIESTE TO VIA LIVORNO, LOCATED IN LAKE LA QUINTA. CASE NO. STREET NAME CHANGE 2001-012 LAKE LA QUINTA COMMUNITIES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13th day of November, 2001, considered a request of Lake La Quinta Communities, for a street name change for Via Trieste, located in Lake La Quinta, more particularly described as: TRACT NO. 26152 WHEREAS, Resolution 201-121 was adopted by the Planning Commission at its meeting of September 25, 2001 declaring its intent to hold a public hearing on this item at its meeting of November 13, 2001; and WHEREAS, at the Planning Commission meeting, upon hearing and considering all available information, said Planning Commission did make the following findings to justify their recommendation for approval of said street name change per Section 14.08.050 of the La Quinta Municipal Code: 1. Determination of Sufficiency. The proposed street name change is a reasonable request based on the concerns expressed by the United States Postal Service. The change of name will provide for better service to the citizens of La Quinta. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of said Planning Commission in this case; 2. That it does hereby recommend approval of Street Name Change 2001-012 to the City Council, changing a portion of Via Trieste to Via Livorno per the attached Exhibit "A". PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 13th day of November, 2001, by the following vote, to wit: September 21, 2001 Page 1 AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels NOES: None ABSENT: None ABSTAIN: None ATTEST: R City o CQU S ABELS, Chairman ity of) a Quinta, California HER AN, Community Development Director La Quinta, California September 21, 2001 Page 2 BB.yb 0-90' 58 • A-20.00 1.-31 .76 T-20 .341 3 N O'06'07' �7A.49 / � 70-25'031 ty 1a P-70.O0 L'• 4.37 2i1 t 45.99 12 9-82 f6' '7 11•50• 10.73 i9' 43•W .28 9 34' 10 17 6 271 RETEwT10w ewO,RECREAT10nt.,--- PURPOSES NEREON� N 09'31'06' 2646.64 I' \ �AIW \ 10• sroRI1 ��/.ca DRAIN E.SE►�EN• 2�3 I 1 I\ 7- �( 1;SRvED FOR oPE:' SPACE HEREON 1�95i I , r ' 121 1 i I li • j•L1'.�..;:I 22n� , 555% 237 , i\ 235 J;4,a1070 23A tills ZTs- 238 \ -.J11 1rt 2421. 1 y 243 12014.641 /L 48TH AVCNUL 5 -6 °zave f p 3 ,- 547-4 9- nf16 l 1 44, 31 DATE: CASE NO.: APPLICANT/ PROPERTY OWNER: PLANNING COMMISSION STAFF REPORT NOVEMBER 13, 2001 STREET NAME CHANGE 2001-012 LAKE LA QUINTA COMMUNITIES PH MB FILE COPr REQUEST: CHANGE THE NAME OF A PORTION OF VIA TRIESTE TO VIA LIVORNO LOCATION: VIA TRIESTE WITHIN LAKE LA QUINTA ZONING: GENERAL PLAN: ON -SITE: RL (LOW DENSITY RESIDENTIAL) NORTH: CR (REGIONAL COMMERCIAL) AND RH (HIGH DENSITY RESIDENTIAL) SOUTH: RL (LOW DENSITY RESIDENTIAL) EAST/ WEST: CR (REGIONAL COMMERCIAL) ON -SITE: LDR (LOW DENSITY RESIDENTIAL) NORTH: M/RC (MIXED/REGIONAL COMMERCIAL) AND HDR (HIGH DENSITY RESIDENTIAL) SOUTH: LDR (LOW DENSITY RESIDENTIAL) EAST/ WEST: M/RC (MIXED/REGIONAL COMMERCIAL) ENVIRONMENTAL CONSIDERATIONS: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS REQUEST IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PER SECTION 15301 (EXISTING FACILITIES). BACKGROUND: The applicant, Lake La Quinta Communities, has been informed by the United States Postal Service that mail can not be delivered to all residences along Via Trieste as it is a "U" shape. (Attachment No. 1) The two parallel portions of the "U" shape are both in the 47-X0X range of addresses thereby causing confusion in delivering the mail as to which of the two mail boxes to use. The United States Postal Service computers are unable to process these varying address numbers. November 2, 2001 Page 1 The Planning Commission approved Resolution 2001-121 at its meeting of September 25, 2001 initiating this Street Name Change and setting this public hearing. PROJECT DESCRIPTION: To correct the mail delivery problem, the applicant is requesting a Street Name Change. The proposal is to change the eastern -most portion of the "U" from Via Trieste to Via Livorno. (Attachment No. 2) FINDINGS: The findings required to support this Street Name Change found in Section 14.08.050 of the Municipal Code can be met as discussed in the attached Resolution. NOTIFICATION: A public hearing notice for this item was published in The Desert Sun on October 22, 2001 and 3 copies of the public hearing notice were posted along the portion of Via Trieste to be changed, per Sections 14.08.060 and 14.08.070 of the La Quinta Municipal Code. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2001- recommending approval of the Street Name Change to the City Council. Attachments: 1. Location Map 2. Parcel Map showing portion of the street name to be changed Prepared by: Submitted by: )icietati ahtho Michele Rambo, Associate Planner November 2, 2001 Page 2 Christine di lorio, lanning Manager PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A STREET NAME CHANGE FOR A PORTION OF VIA TRIESTE TO VIA LIVORNO, LOCATED IN LAKE LA QUINTA. CASE NO. STREET NAME CHANGE 2001-012 LAKE LA QUINTA COMMUNITIES ' WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13th day of November, 2001, consider at the request of Lake La Quinta Communities, a Street Name Change for a portion of Via Trieste to Via Livorno, located in Lake La Quinta, more particularly described as: TRACT NO. 26152 WHEREAS, Resolution 2001-121 was adopted by the Planning Commission at its meeting of September 25, 2001 declaring its intent to hold a public hearing on this item at its meeting of November 13, 2001; and WHEREAS, at the Planning Commission meeting, upon hearing and considering all available information, said Planning Commission did make the following findings to justify their recommendation of approval of said Street Name Change per Section 14.08.050 of the La Quinta Municipal Code: 1. Determination of Sufficiency. The proposed street name change is a reasonable request based on the concerns expressed by the United States Postal Service. The change of name will provide for better service to the citizens of La Quinta. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of said Planning Commission in this case; That it does hereby recommend approval of Street Name Change 2001-012 to the City Council, changing a portion of Via Trieste to Via Livorno per the attached Exhibit "A"; November 2, 2001 Page 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 13'h day of November, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California November 2, 2001 Page 2 88 .96 a-90' 58' 27' R-31. 00 L-31.76 76 ; T-20.34, N 0' 06' 07''� 7 4. 49 //7�L 0-25603'1 1'y 14 R-1o.00L � L-4.37 y7�� N 84• ?4 2?1. 45.99 C 1� 32 i9-82 16' 17 11'50' 30.73 39'a3'W 1.28 34 )0 47 ' • Y7 19 7•gu ' "EQE0"' uwni_R RESERVED (OF ;TOR A NAL� aET,UaPOSES HEREON\ D .g.31fry. Zy I 255 Y7-S 3y 256 Y7565 9y l 32 78-76 35 - 7 26 laps y7 go . 37 N 09'31'06'E 2646.54 • /,721 V \y.1 , L; ,c.., 55 5 % 237 ,..1.:1�\ 238 \ ,j36 - 1 235 r-4570 -►24 •1'J q 's 05 '06 05 TIL TY EASEME T IT 93i5 TA ITT E eS�9is 12014.64i /L 48TH AVENUE SEM 64.1 f • j . 1.. u r 1 � C1 Io STORM -t: i J� 1� I I V DRAIN E..SEMEN;/rtr' 2�3 i RA II:SERVED FOR /X oPE:, SPACE HEREON r' 19j 1 f�z'1 I;•III 121 v I� 11„ C'2Ny'' �'y' U s .1 r; J �1 y7-60 1 1 �118 A 3 'D-F-117 n116 -34 31 wASHINGTON S CALE0 BAY z z -4 tn VA Qp(PA tit -4 r" VIA ZURICH 4A 1.,0NrtssA ADAMS ST. A �1C 0-90' 58' 27' R-20.06 L-3f.76 / T-20.34/ ici 9j' N O'06'07' 3 74. 49 / 7. o-2s' 03' f 1• y 1a p-f0.00 1.....4.37 217� t+ B45 99f 88.96 82 ;9-82 16. 37 11'50 80.73 39' 43' 1.28 l0 34' D0 47 • HE 4t UN •.. • - RESERvEG col; JJ ;TORu7N 1 •-NA1.J TiON AND aETpNa OSES wE EON\ 0 47 3�574125 255 256 y7-So S 1 595 I, if 09.31.06'E 2646.64 �1TI , 10 1U1' , 10' STORM , /�-Li I I V n ; 41 DRAIN E.•SEMEN. 2d3 I �R1 1 , 1 II:SERVtD FOR / I � I1 '`frt-fi oPE;, SPACE HEREON f,/17-= 1 11 \ 7-9 ' 2�1 ' I121 v i T .1 I. rf 7 hIII Lj1iYo� 1 s 47-600 f 18. 11 • • 55 5. 237 238 \ 4 :t36 235 r-:1i 570 23A • y17• 1 21- 4232 • q vi �06 TIC 815 93 12014.641 /L 48TH. AVCNUE 1 31 BI #A PLANNING COMMISSION STAFF REPORT DATE: SEPTEMBER 25, 2001 CASE NO.: STREET NAME CHANGE 2001-012 APPLICANT/ PROPERTY OWNER: LAKE LA QUINTA COMMUNITIES REQUEST: SET A PUBLIC HEARING DATE TO INITIATE A STREET NAME CHANGE LOCATION: ZONING: GENERAL PLAN: VIA TRIESTE WITHIN LAKE LA QUINTA FILE COPY ON -SITE: RL (LOW DENSITY RESIDENTIAL) NORTH: CR (REGIONAL COMMERCIAL) AND RH (HIGH DENSITY RESIDENTIAL) SOUTH: RL (LOW DENSITY RESIDENTIAL) EAST/ WEST: CR (REGIONAL COMMERCIAL) ON -SITE: LDR (LOW DENSITY RESIDENTIAL) NORTH: M/RC (MIXED/REGIONAL COMMERCIAL) AND HDR (HIGH DENSITY RESIDENTIAL) SOUTH: LDR (LOW DENSITY RESIDENTIAL) EAST/ WEST: M/RC (MIXED/REGIONAL COMMERCIAL) ENVIRONMENTAL CONSIDERATIONS: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PER SECTION . 15301 (EXISTING FACILITIES). BACKGROUND: The applicant, Lake La Quinta Communities, has been informed by the United States Postal Service that mail can not be delivered to residences along the parallel portions of Via Trieste as it is a "U" shape. Due to the required addressing system, the two parallel portions of the "U" shape are both in the 47-XXX range of addresses. This causes confusion in delivering the mail as to which of the two mail boxes to use. The United States Postal Service computers are unable to process these varying address numbers. September 21, 2001 Page 1 PROJECT DESCRIPTION: To correct the mail delivery problem, the applicant is requesting a street name change. The proposal is to change the eastern -most portion of .the "U" from Via Trieste to Via Verona. REQUIRED PROCESS: Section 14.08.050 of the La Quinta Municipal Code requires that "the commission shall adopt a resolution of intention to change name and set a date for public hearing not less than thirty days from the date of adoption of the resolution." RECOMMENDATION: 1. Adopt Planning Commission Resolution 2001- declaring the Planning Commission's intention to hold a public hearing on Street Name Change 2001-012 on November 13, 2001. Attachments: 1. Location Map 2. Parcel Map Prepared by: Submitted by: U('CIALL6 kvtion 4A-1 Michele Rambo, Associate Planner Christine di lorio, Plann ng Manager September 21, 2001 Page 2 002 PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON NOVEMBER 13, 2001 TO CONSIDER A STREET NAME CHANGE FOR VIA TRIESTE, LOCATED IN LAKE LA QUINTA. CASE NO. STREET NAME CHANGE 2001-012 LAKE LA QUINTA COMMUNITIES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th day of September, 2001, discussed, at the request of Lake La Quinta Communities, a street name change for Via Trieste, located in Lake La Quinta, more particularly described as: TRACT NO. 26152 WHEREAS, at the Planning Commission meeting, upon hearing and considering all available information, said Planning Commission did make the following findings to justify their intent to hold a public hearing regarding said street name change per Section 14.08.050 of the La Quinta Municipal Code: 1. Determination of Sufficiency. The proposed street name change is a reasonable request based on the concerns expressed by the United States Postal Service. The change of name will provide for better service to the citizens of La Quinta. NOW, THEREFORE, BE IT RESOLVED. by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of said Planning Commission in this case; 2. That it does hereby approve the above described Resolution of intent to hold a public hearing on the proposed street name change. September21, 2001 Page 1 003 PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 25th day of September, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California September 21, 2001 Page 2 004 z 0.1 dVW AlINCIA CALEO BAY VIA FIRENZE VIA NICE rl V1 A A R VIA TRI VIA OPERA -4 r" VIA ZURICH VIA TRIEST VIA MONTANA r- 0 z VIA MONTIGO WA 440N TcssA WASHINGTON ST. WA RA vENNA VIA ICOR C VIA FLORENCE Ott AD A MS ST. A LORCA IA AN -r GE S 4-1 V) A • M 88.9ii 4-90'58•27• L-31.6 L-31.76 p T-20.34� y13 N 0' 06' 07' 74.49 / 7 0-25. 03' 16r y 14 R-10.00 L77- 4. 2722 �7 87' ?4 r1 45.99 282 '69-82 i'50 80.73 '39'43.W 51.26 i•34 .00 .47 .26 HEREON RESERVED (DR STORMv1Al ER "� RETENTION AND RECREATIONAL \ 7 PURPOSES HEREON\ 2 7-05.2kg) 255 y7-j 35 j 2° 256 I 1- ' Y7-56 S 46 71-77(5 47 7Y- if3S 49 y7- Y 5. N 89'31•06'E 2646.6 .117 •Lyr 12014.641 /L 48TH Av:_NUE 555 \ 237 ,•'� :' s 238 \ : ~;36 1 235 r 570 �y'•6op 23A kris t 22— 423°2 \F.- y7 0 y. 3 ,4- • 2'_ 3� SEM 6 �) il� 4_4 // {' LH I IL •OOI IN IO• STORM : i /.[� (h' ' I t!L` V • iG DRAIN E..SEMEN. 2�3 I �� I fl_SERvED FOR I /1 OPEIi SPACE HEREON i__....\ i 1,11172195- I;111 121 \+ I72 41 11 Ljl" 1- 0°\ .6 rr, i C� ? �jt, c), wri__A -�- N y7-60C t 118.�1 Q 3 T 17i7 1 IN 0 IZ 0 0 31 • PLANNING COMMISSION RESOLUTION 2001-121 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON NOVEMBER 13, 2001 TO CONSIDER A STREET NAME CHANGE FOR VIA TRIESTE, LOCATED IN LAKE LA QUINTA. CASE NO. STREET NAME CHANGE 2001-012 LAKE LA QUINTA COMMUNITIES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th day of September, 2001, discussed, at the request of Lake La Quinta Communities, a street name change for Via Trieste, located in Lake La Quinta, more particularly described as: TRACT NO. 26152 WHEREAS, at the Planning Commission meeting, upon hearing and considering all available information, said Planning Commission did make the following findings to justify their intent to hold a public hearing regarding said street name change per Section 14.08.050 of the La Quinta Municipal Code: 1. Determination of Sufficiency. The proposed street name change is a reasonable request based on the concerns expressed by the United States Postal Service. The change of name will provide for better service to the citizens of La Quinta. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of said Planning Commission in this case; 2. That it does hereby approve the above described Resolution of intent to hold a public hearing on the proposed street name change on November 13, 2001. September 21, 2001 Page 1 .\ PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 25th day of September, 2001, by the following vote, to wit: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels NOES: None ABSENT: None ABSTAIN: None QU . ABELS, Chairman ty of a Quinta, California ATTEST: Y HE" N, Community Development Director City •f La uinta, California September 21, 2001 Page 2 ciVY1 88 .96 n-90' 58 ' 'O7' A-20.00 1 �L-3131.76 :- T-20.341 N 0' 06' 07 y 13 ' 74.49 / 7 A-25' 03' 1$r yla R-10.00 L-4.37 H B4: 14 q] 45.99 • 1� '82 69-82 • 16' 37 ,'11'S0 80.73 39'43'W 4.28 10 .34• 00 47 • 26 ►' M r HEREON • RESERVED FOR STORm'»A1 M RETENT' OSES HE EORN RECREATIONAL PuR ;" 2 52i6Q21' I Y7ler 1172RP: T-47 /gal - J'- I 255 11-�7 256 -, y7-56s 1:577VW I y 1 46 71-115 LIT EAS N 89'31'06'E 2646.6 1 11242'. I y74 -13 2 3 24 102' 1-tiZto ` 1' , ! u 1 L 4 C I I1 L�1�(� /� 10' STORM 1�„�j I I a ,'., DRAIN E.•SEMEN. 2�3 1 71 p`+R II:SERVED FOR Ili OPE:. SPACE HEREON ; �I 1 ;��2�ilg� I ; I • 2i I 1,11,, k724y' I Y 10 ,6 it 0- --,) Lc--P.7e -11- N'+7-60 S �. at118 1 3 -}- r fi t.' y7-a 4- —D116 y7X 72 241 -JD '(Y; 12014.641 /L 48TH AVrNUL 52 \ 2 3 7 235 2212.34 42 2 i ' .d 23 kio;c• 75 1: 7 TIL TY E 0 0 r 31 City of La Qui..ta -REQUEST FOR COMMENT Community Development Department P. O. Box 1504, La Quinta, CA 92253 * (760) 777-7125 - (760) 777-1233 (fax) PROJECT PLANNER: MICHELE RAMBO, Associate Planner FILE COPY The City of La Quinta Development Review Committee is conducting an initial environmental study pursuant to the California Environmental Quality Act (CEQA) for the referenced project(s). Attached is the information submitted by the project proponent. Your comments are requested with respect to: 1.) Physical impacts the project presents on public resources, facilities, and/or services, and 2.) Recommended conditions that your agency believes would mitigate any potential adverse effects. If you find that the identified impacts will have significant adverse effects on the environment which cannot be avoided through conditions, please recommend the scope and focus of additional study(ies) which may be helpful. CASE(S): LOCATION: DESCRIPTION: Street Name Change 2001-012 Via Trieste, Tract 26152 (Lake La Quinta) Proposal to change the name of the eastern section of Via Trieste to either Via Verona, Via Livorno, or Via Napoli. AGENCIES REQUESTED TO RESPOND: _x_ Imperial Irrigation District _x Southern California Gas Company _x_ Coachella Valley Water District _x_ Waste Management of the Desert x Verizon Sunline Transit _x_ U. S. Postal Service _x_ Riverside County Fire Marshal _x_ Riverside County Sheriff's Dept. x Time Warner City of Indio x_ City Manager x Public Works Comments: Riverside County Planning Department Desert Sands Unified School District Coachella Valley Unified School District C.V. Archaeological Society Building Industry - Desert Council La Quinta Chamber of Commerce C.V. Recreation & Parks District C.V. Mountain Conservancy U.S. Fish & Wildlife Department of Fish & Game Caltrans Riverside County Fire Battalion Chief _x_ Assistant City Manager Community Development _x Building and Safety Community Services Your response is requested prior to September 21, 2001. If you have any questions, please contact the noted project planner. Comments made by: Title: Date: Phone #: Agency/Division: J z ro /� w N O tr y14 97p- 4 5 1 -/' 255 \ i y7-5- 37 256 y7565- 149y y16 1 61 -� jr#705. N 89'31'06'E 2646.6 14,...‹...s 24i f1 242 2 --' I y7244 1/ 555\ 237 ..I % 238 \ A3b 235 ItJ , 4. 6 o-1 - 232 23kYG 223 ?S 1_:7 T►L TY , 218 t ' .22 l i0 • O i N o �u 62 91.6 7- 80 • 31 4- City of La Qui __a - REQUEST F.r . R COMMENT Community Development Department P. O. Box 1504, La Quinta, CA 92253 * (760) 777-7125 - (760) 777-1233 (fax) PROJECT PLANNER: MICHELE RAMBO, Associate Planner The City of La Quinta Development Review Committee is conducting an initial environmental study pursuant to the California Environmental Quality Act (CEQA) for the referenced project(s). Attached is the information submitted by the project proponent. Your comments are requested with respect to: 1.) Physical impacts the project presents on public resources, facilities, and/or services, and 2.) Recommended conditions that your agency believes would mitigate any potential adverse effects. If you find that the identified impacts will have significant adverse effects on the environment which cannot be avoided through conditions, please recommend the scope and focus of additional study(ies) which may be helpful. CASE(S): Street Name Change 2001-012 LOCATION: Via Trieste, Tract 26152 (Lake La Quinta) DESCRIPTION: Proposal to change the name of the eastern section of Via Trieste to either Via Verona, Via Livorno, or Via Napoli. AGENCIES REQUESTED TO RESPOND: x_ Imperial Irrigation District _x_ Southern California Gas Company Coachella Valley Water District _x_ Waste Management of the Desert x Verizon x x x. x Sunline Transit U. S. Postal Service Riverside County Fire Marshal Riverside County Sheriff's Dept. Time Warner City of Indio x_ City Manager x Public Works Comments: Agree that street Riverside County Planning Department _x Desert Sands Unified School District Coachella Valley Unified School District C.V. Archaeological Society Building Industry - Desert Council La Quinta Chamber of Commerce C.V. Recreation & Parks District C.V. Mountain Conservancy U.S. Fish & Wildlife Department of Fish & Game . x Riverside County Fire Battalion Chieg _x_ Assistant City Manager Community Development _x_ Building and Safety Community Services name change is needed to avoid confusing addressing. Please ensure that this department is notified if/when this change is approved. Your response is requested prior to September 21, 2001. If you have any questions, please contact the noted project planner. Comments made by: Dorian J. Cooley Title: Battalion Chief Date: 09/20/01 Phone #: 760 564 0657 Agency/Division: Fire Dept. / Operations City of La Qui . _'a - REQUEST F _ . R COMMENT Community Development Department P. O. Box 1504, La Quinta, CA 92253 * (760) 777-7125 - (760) 777-1233 (fax) PROJECT PLANNER: MICHELE RAMBO, Associate Planner The City of La Quinta Development Review Committee is conducting an initial environmental study pursuant to the California Environmental Quality Act (CEQA) for the referenced project(s). Attached is the information submitted by the project proponent. Your comments are requested with respect to: 1.) Physical impacts the project presents on public resources, facilities, and/or services, and 2.) Recommended conditions that your agency believes would mitigate any potential adverse effects. If you find that the identified impacts will have significant adverse effects on the environment which cannot be avoided throug Nctertliti• , please recommend the scope and focus of additional study(ies) which may be helpful. c��o '4 CASE(S): Street Name Change 2001-012 �� °" n �jLQ LOCATION: Via Trieste, Tract 26152 (Lake La Quinta) 2'�%�NtT DESCRIPTION: Proposal to change the name of the eastern section of Via Trieste to either Via Verona, Via Livorno, or Via Napoli. AGENCIES REQUESTED TO RESPOND: x Imperial Irrigation District _x_ Southern California Gas Company _x_ Coachella Valley Water District Waste Management of the Desert x_ Verizon Sunline Transit x_ U. S. Postal Service _x_ Riverside County Fire Marshal x_ Riverside County Sheriff's Dept. xTime Warner` City of Indio x_ City Manager — x- - Public Works Comments: Riverside County Planning Department _x Desert Sands Unified School District Coachella Valley Unified School District C.V. Archaeological Society Building Industry - Desert Council La Quinta Chamber of Commerce C.V. Recreation & Parks District C.V. Mountain Conservancy U.S. Fish & Wildlife Department of Fish & Game Caltrans _x_ Riverside County Fire Battalion Chief _x_ Assistant City Manager _x_ Building and Safety Al Conr`ccl. 14-11 Cable-�efevts�n Community Development Community Services Your response is requested prior to September 21, 2001. If you have any questions, please contact the noted project planner. Comments made by: D,, Title: TheCr3n eY- Date: Phone #: 660 67c Ski Z-Agency/Division: 4 (1 M e Q/1 - City of La Qui.._a - REQUEST F COMMENT Community Development Department P. O. Box 1504, La Quinta, CA 92253 * (760) 777-7125 - (760) 777-1233 (fax) PROJECT PLANNER: MICHELE RAMBO, Associate Planner The City of La Quinta Development Review Committee is conducting an initial environmental study pursuant to the California Environmental Quality Act (CEQA) for the referenced project(s). Attached is the information submitted by the project proponent. Your comments are requested with respect to: 1.) Physical impacts the project presents on public resources, facilities, and/or services, and 2.) Recommended conditions that your agency believes would mitigate any potential adverse effects. If you find that the identified impacts will have significant adverse effects on the environment which cannot be avoided through-eoAditieRs; please -- recommend the scope and focus of additional study(ies) which may be helpful. CASE(S): Street Name Change 2001-012 LOCATION: Via Trieste, Tract 26152 (Lake La Quinta) DESCRIPTION: jHCRV SEP 17200i CITY OF LAQUINTA PLANNING DEPARTMENT Proposal to change the name of the eastern section of Via Trieste to either Via Verona, Via Livorno, or Via Napoli. AGENCIES REQUESTED TO RESPOND: Imperial Irrigation District Southern California Gas Company Coachella Valley Water District Waste Management of the Desert Verizon Sunline Transit x_ _ U. S. Postal Service x_ Riverside County Fire Marshal 7 _x= Riverside County Sheriff's Dept. x Time Warner City of Indio _x_ City Manager x Public Works Riverside County Planning Department _x Desert Sands Unified School District Coachella Valley Unified School District C.V. Archaeological Society Building Industry - Desert Council La Quinta Chamber of Commerce C.V. Recreation & Parks District C.V. Mountain Conservancy U.S. Fish & Wildlife Department of Fish & Game Caltrans Riverside County Fire Battalion Chief _x_ Assistant City Manager _x_ Building and Safety Community Development Community Services Comments: ./0 f sX /Wm [ Cij4 vJ ' �h'ri-P Your response is requested prior to September 21, 2001. If you have any questions, please contact the noted project planner. Comments made by: (f?G(v Title: Date: /?"- Phone #: ��48W Agency/Division: TO: FROM: DATE: 4 4 Oithis MEMORANDUM Michele Rambo, Associate Planner Kris Schulze, Engineering Staff September 13, 2001 RE: Street Name Chane 2001-012 Via Trieste, Tract 26152 (Lake La Quinta) I have reviewed the proposed street name change for the eastern section of Via Trieste to either Via Verona, Via Livorno, or Via Napoli. Engeering/Public Works does not have any comments (no opposition) to the proposed street name change. Please call me if you have any questions regarding this memo. T:\PWDEPT\DOCS\FORMSUnteractive Std Forms \Memo-Std.wpd IAL 14 HAT Sid CT COACHELLA VALLEY POWER DIVISION 81-600 AVENUE 58 • P. O. BOX 1080 • LA QUINTA, CALIFORNIA 92253-1080 TELEPHONE (760) 398-5854 • FAX (760) 391-5999. IIDPD-DDC City of La Quinta Michele Rambo, Associate Planner PO Box 1504 La Quinta, CA 92253-1504 October 8, 2001 Subject: Street Name Change 2001-012 Dear Ms. Rambo: Review of the plans for the Street Name Change 2001-012 project determined it would not impact electrical service to the area. If you have any questions regarding this matter, or if I can be of further assistance, please contact me at (760) 398-5825. EDL/ms cc: Epi Martinez Sincerely, 0194. Enrique/De Leon Distribution Supervisor Lake La Quinta Communivi s, LLC August 13, 2001 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 RE: STREET NAME CHANGE TRACT 26152, LOT 79 47-925 VIA TRIESTE, LA QUINTA To Whom It May Concern: We the undersigned are the owners of the above mentioned lot located within the Lake La Quinta Community. This letter will serve as our formal request to have the street name "Via Trieste" changed as per Lake La Quinta Communities' Application for Street Name Change. We understand that this change is necessary to facilitate delivery of mail by the U.S. Postal Service and are in agreement with the change. Thank you for your time and consideration in this matter. Very truly yours, 17480 E. 17`h Street, #106 Tustin, CA 92780 phone (714) 508-4440 fax (714) 508-4441 Lake La Quinta Communities, LLC August 13, 2001 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 RE: STREET NAME CHANGE To Whom It May Concern: This letter will serve as our formal request to have the street name "Via Trieste" changed as per our Application for Street Name Change. This change will affect twelve lots within our Lake La Quinta development. On July 26, 2001, Kathy Warner, our on -site Construction Manager, met with Greg Butler, City of La Quinta, and Bill Coming, U.S. Postal Service. At that time, Mr. Corning formally requested that we process a street name change through the City of La Quinta. Mr. Coring requested this change because the U.S. Postal Service computers are unable to process the varying address numbers on Via Trieste (i.e. the prefix changes from 78- to 47.) Thank you for your time and consideration in this matter. If you have any questions regarding this request, please feel free to contact either Bob Walker, our Vice President of Construction at (760) 275-8731 or Kathy Warner (760) 275-9316. Very truly yours, 1 Chris Cana s ay Manager /lj o 17480 E. 17`h Street, #106 phone (714) 508-4440 Tustin, CA 92780 fax (714) 508-4441 Lake La Quinta Communities, LLC August 13, 2001 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 RE: STREET NAME CHANGE TRACT 26152, LOT 69 47-930 VIA TRIESTE, LA QUINTA To Whom It May Concern: We the undersigned are the owners of the above mentioned lot located within the Lake La Quinta Community. This letter will serve as our formal request to have the street name "Via Trieste" changed as per Lake La Quinta Communities' Application for Street Name Change. We understand that this change is necessary to facilitate delivery of mail by the U.S. Postal Service and are in agreement with the change. Thank you for your time and consideration in this matter. Very truly yours, kt, ktiv Chris Canaday, Manager Lake La Quinta Communities, LLC /ljo 17480 E. 17`h Street, #106 phone (714) 508-4440 Tustin, CA 92780 fax (714) 508-4441 Lake ,a Quinta Communities, LLC August 13, 2001 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 RE: STREET NAME CHANGE TRACT 26152, LOT 70 47-900 VIA TRIESTE, LA QUINTA To Whom It May Concern: We the undersigned are the owners of the above mentioned lot located within the Lake La Quinta Community. This letter will serve as our formal request to have the street name "Via Trieste" changed as per Lake La Quinta Communities' Application for Street Name Change. We understand that this change is necessary to facilitate delivery of mail by the U.S. Postal Service and are in agreement with the change. Thank you for your time and consideration in this matter. Very truly yours, 466i ir-0/ Chris Canaday, Manager Lake La Quinta Communities, LLC /ljo 17480 E. 17h Street, #106 phone (714) 508-4440 Tustin, CA 92780 fax (714) 508-4441 Lake La Quinta Communities, LLC August 13, 2001 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 RE: STREET NAME CHANGE TRACT 26152, LOT 71 47-870 VIA TRIESTE, LA QUINTA To Whom It May Concern: We the undersigned are the owners of the above mentioned lot located within the Lake La Quinta Community. This letter will serve as our formal request to have the street name "Via Trieste" changed as per Lake La Quinta Communities' Application for Street Name Change. We understand that this change is necessary to facilitate delivery of mail by the U.S. Postal Service and are in agreement with the change. Thank you for your time and consideration in this matter. Very truly yours, Chris Canaday, Manager Lake La Quinta Communities, LLC /ljo 17480 E. 17th Street, #106 phone (714) 508-4440 Tustin, CA 92780 fax (714) 508-4441 Lake La Quinta Communities, LLC August 13, 2001 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 RE: STREET NAME CHANGE TRACT 26152, LOT 72 47-840 VIA TRIESTE, LA QUINTA To Whom It May Concern: We the undersigned are the owners of the above mentioned lot located within the Lake La Quinta Community. This letter will serve as our formal request to have the street name "Via Trieste" changed as per Lake La Quinta Communities' Application for Street Name Change. We understand that this change is necessary to facilitate delivery of mail by the U.S. Postal Service and are in agreement with the change. Thank you for your time and consideration in this matter. Very truly yours, Chris Canaday, Manager Lake La Quinta Communities, LLC /lj o 17480 E. 17`h Street, #106 phone (714) 508-4440 Tustin, CA 92780 fax (714) 508-4441 Lake La Quinta Communities, LLC August 13, 2001 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 RE: STREET NAME CHANGE TRACT 26152, LOT 73 47-810 VIA TRIESTE, LA QUINTA To Whom It May Concern: We the undersigned are the owners of the above mentioned lot located within the Lake La Quinta Community. This letter will serve as our formal request to have the street name "Via Trieste" changed as per Lake La Quinta Communities' Application for Street Name Change. We understand that this change is necessary to facilitate delivery of mail by the U.S. Postal Service and are in agreement with the change. Thank you for your time and consideration in this matter. Very truly yours, Y7 Chris anaday, Manager Lake La Quinta Communities, LLC /lj o 17480 E. 17th Street, #106 phone (714) 508-4440 Tustin, CA 92780 fax (714) 508-4441 Lake La Quinta Communities, LLC August 13, 2001 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 RE: STREET NAME CHANGE TRACT 26152, LOT 74 47-780 VIA TRIESTE, LA QUINTA To Whom It May Concern: We the undersigned are the owners of the above mentioned lot located within the Lake La Quinta Community. This letter will serve as our formal request to have the street name "Via Trieste" changed as per Lake La Quinta Communities' Application for Street Name Change. We understand that this change is necessary to facilitate delivery of mail by the U.S. Postal Service and are in agreement with the change. Thank you for your time and consideration in this matter. Very truly yours, Chris Canaday, Manager Lake La Quinta Communities, LLC /lj o 17480 E. 17`h Street, #106 phone (714) 508-4440 Tustin, CA 92780 fax (714) 508-4441 Lake La Quinta Communities, LLC August 13, 2001 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 RE: STREET NAME CHANGE TRACT 26152, LOT 75 47-805 VIA TRIESTE, LA QUINTA To Whom It May Concern: We the undersigned are the owners of the above mentioned lot located within the Lake La Quinta Community. This letter will serve as our formal request to have the street name "Via Trieste" changed as per Lake La Quinta Communities' Application for Street Name Change. We understand that this change is necessary to facilitate delivery of mail by the U.S. Postal Service and are in agreement with the change. Thank you for your time and consideration in this matter. Very truly yours, Chris Canaday, Manager 'v Lake La Quinta Communities, LLC /lj o 17480 E. 17`h Street, #106 phone (714) 508-4440 Tustin, CA 92780 fax (714) 508-4441 Lake La Quinta Communities, LLC August 13, 2001 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 RE: STREET NAME CHANGE TRACT 26152, LOT 76 47-835 VIA TRIESTE, LA QUINTA To Whom It May Concern: We the undersigned are the owners of the above mentioned lot located within the Lake La Quinta Community. This letter will serve as our formal request to have the street name "Via Trieste" changed as per Lake La Quinta Communities' Application for Street Name Change. We understand that this change is necessary to facilitate delivery of mail by the U.S. Postal Service and are in agreement with the change. Thank you for your time and consideration in this matter. Very truly yours, Chri Canaday, Manager (/ Lake La Quinta Communities, LLC /ljo 17480 E. 17th Street, #106 phone (714) 508-4440 Tustin, CA 92780 fax (714) 508-4441 Lake La Quinta Communities, LLC August 13, 2001 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 RE: STREET NAME CHANGE TRACT 26152, LOT 77 47-865 VIA TRIESTE, LA QUINTA To Whom It May Concern: We the undersigned are the owners of the above mentioned lot located within the Lake La Quinta Community. This letter will serve as our formal request to have the street name "Via Trieste" changed as per Lake La Quinta Communities' Application for Street Name Change. We understand that this change is necessary to facilitate delivery of mail by the U.S. Postal Service and are in agreement with the change. Thank you for your time and consideration in this matter. Very truly yours, Chris Canaday, Manager Lake La Quinta Communities, LLC /ljo 17480 E. 17`" Street, #106 phone (714) 508-4440 Tustin, CA 92780 fax (714) 508-4441 Lake La Quinta Communities, LLC August 13, 2001 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 RE: STREET NAME CHANGE TRACT 26152, LOT 78 47-895 VIA TRIESTE, LA QUINTA To Whom It May Concern: We the undersigned are the owners of the above mentioned lot located within the Lake La Quinta Community. This letter will serve as our formal request to have the street name "Via Trieste" changed as per Lake La Quinta Communities' Application for Street Name Change. We understand that this change is necessary to facilitate delivery of mail by the U.S. Postal Service and are in agreement with the change. Thank you for your time and consideration in this matter. Very truly yours, Chris Canaday, Manager Lake La Quinta Communities, LLC /lj o 17480 E. 17`" Street, #106 phone (714) 508-4440 Tustin, CA 92780 fax (714) 508-4441 Lake .La Quinta Communities, LLC August 13, 2001 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 RE: STREET NAME CHANGE TRACT 26152, LOT 68 47-960 VIA TRIESTE, LA QUINTA To Whom It May Concern: We the undersigned are the owners of the above mentioned lot located within the Lake La Quinta Community. This letter will serve as our formal request to have the street name "Via Trieste" changed as per Lake La Quinta Communities' Application for Street Name Change. We understand that this change is necessary to facilitate delivery of mail by the U.S. Postal Service and are in agreement with the change. Thank you for your time and consideration in this matter. Very truly yours, Chri Canaday, Manager Lake La Quinta Communities, LLC /lj o 17480 E. 17`h Street, #106 phone (714) 508-4440 Tustin, CA 92780 fax (714) 508-4441 Lake La Quinta Communities, LLC August 13, 2001 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 RE: STREET NAME CHANGE TRACT 26152, LOT 67 78-995 VIA TRIESTE, LA QUINTA To Whom It May Concern: We the undersigned are the owners of the above mentioned lot located within the Lake La Quinta Community. This letter will serve as our formal request to have the street name "Via Trieste" changed as per Lake La Quinta Communities' Application for Street Name Change. We understand that while this change does not directly affect our lot, it is necessary to facilitate delivery of mail by the U.S. Postal Service to neighboring homes and are in agreement with the change. Thank you for your time and consideration in this matter. Very truly yours, 7) - I t i( Marilyn Howard /ljo 17480 E. 17`h Street, #106 phone (714) 508-4440 Tustin, CA 92780 fax (714) 508-4441 CHICAGO TITLE COMPANY Date: 08-17-01 CANADAY & COMPANY LAURIE 17480 E. 17TH STREET SUITE 106 TUSTIN, CALIFORNIA 92780 Order No.: 2020995 - K10 Property: RE: DRE PRELIM In response to a request for our issuance of a Policy of Title Insurance, we enclose herewith our Preliminary Report for your review. Should you have any questions in connection with this or any other matter concerning the above referenced order, please do not hesitate to contact our office. Thank you for choosing Chicago Title Company. Title Department: CHICAGO TITLE COMPANY 560 E. HOSPITALITY LANE SAN BERNARDINO, CA 92408 (909)884-0448 fax: LYNN STONE TITLE OFFICER Escrow Department: CHICAGO TITLE COMPANY fax: DEBRA LAPIERRE ESCROW OFFICER PSPEL--09/16/97bk CHICAGO TITLE COMPANY PRELIMINARY REPORT FIRST AMENDED Dated as of: July 30, 2001 at 7:30 AM Reference: DRE PRELIM Order No.: 2020995 - K10 CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in 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 are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: DRE PRELIMINARY REPORT Visit Us On The Web: westerndivision. ctt. com Title Department: CHICAGO TITLE COMPANY 560 E. HOSPITALITY LANE SAN BERNARDINO, CA 92408 (909)884-0448 fax: LYNN STONE DEBRA LAPIERRE TITLE OFFICER ESCROW OFFICER PFP--08/05/99bk SCHEDULE A Order No: 2020995 K10 Your Ref: DRE PRELIM 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE AS TO PARCELS 1, 2, 3 AND 4; AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCEL 5 2. Title to said estate or interest at the date hereof is vested in: LAKE LA QUINTA COMMUNITIES, LLC A CALIFORNIA LIMITED LIABILITY COMPANY 3. The land referred to in this report is situated in the State of California, County of RIVERS IDE and is described as follows: SEE ATTACHED DESCRIPTION PREA-10/31/97bk Page 1 Order No. 2020995 PARCEL 1: DESCRIPTION LOTS 73 THROUGH 77, INCLUSIVE, OF TRACT 26152, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 227, PAGES 77 THROUGH 85, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND AMENDED BY RESOLUTION NO. 91-108 RECORDED MARCH 26, 1992, AS INSTRUMENT NO. 105176, OF OFFICIAL RECORDS; EXCEPT ALL MINERALS, OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500.00 FEET FROM THE SURFACE OF SAID LAND, WITHOUT THE RIGHT OF SURFACE ENTRY, AS SAID SUBSTANCES ARE MORE PARTICULARLY DESCRIBED IN AND RESERVED BY CANADAY HOMES/LLQ, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, IN THE DOCUMENT RECORDED AUGUST 4, 1993, AS INSTRUMENT NO. 303830, OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF LOTS 72 AND 73 OF TRACT 26152, AS SHOWN ON A MAP RECORDED IN BOOK 227, PAGES 77 THROUGH 85, OF MAPS, RECORDS OF RIVERSIDE COUNTY, PURSUANT TO CERTIFICATE OF COMPLIANCE NO. 2001-023, AS SHOWN ON GRANT DEED RECORDED JUNE 8, 2001, AS INSTRUMENT NO. 2001-256517, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 72, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF VIA TRIESTE, MEASURED 18.50 FEET FROM THE CENTERLINE OF SAID STREET; THENCE NORTH 0° 20' 08" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 72.41 FEET TO A POINT ON A 268.50 FOOT TANGENT CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE 3.36 FEET, THROUGH A CENTRAL ANGLE OF 0° 43' 04" TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 88° 56' 48" EAST; THENCE NORTH 89° 39' 52" EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 72, 106.52 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 73; THENCE SOUTH 0° 20' 08" EAST ALONG SAID EASTERLY LINE, 75.77 FEET TO THE SOUTHEAST CORNER OF SAID LOT 72; THENCE SOUTH 89° 39' 52" WEST ALONG THE SOUTH LINE OF SAID LOT 72, 106.50 FEET TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT 73 OF TRACT 26152, AS SHOWN ON A MAP RECORDED IN BOOK 227, PAGES 77 THROUGH 85, OF MAPS, RECORDS OF RIVERSIDE COUNTY, PURSUANT TO CERTIFICATE OF COMPLIANCE NO. 2001-023 AS SHOWN ON GRANT DEED RECORDED JUNE 8, 2001, AS INSTRUMENT NO. 2001-256517, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 73, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF VIA TRIESTE, MEASURED 18.50 FEET FROM THE CENTERLINE OF SAID STREET; THENCE NORTH 69° 15' 57" EAST ALONG THE NORTH LINE OF SAID LOT, 121.44 FEET TO Page 2 DESCRIPTION Order No. 2020995 THE NORTHEAST CORNER OF SAID LOT 73; THENCE SOUTH 0° 20' 08" WEST ALONG THE EAST LINE OF SAID LOT 73, 101.23 FEET; THENCE SOUTH 89° 39' 52" WEST PARALLEL WITH THE SOUTH LINE OF SAID LOT, 106.52 FEET TO A POINT ON A 268.50'FOOT RADIUS CURVE CONCAVE WESTERLY, TO WHICH A RADIAL LINE BEARS NORTH 88° 56' 48" EAST; THENCE NORTHERLY ALONG SAID CURVE 59.47 FEET, THROUGH A CENTRAL ANGLE OF 12° 41' 26", TO THE POINT OF BEGINNING. PARCEL 4 THAT PORTION OF LOTS 123 AND 124 OF TRACT 26152, AS SHOWN ON A MAP RECORDED IN BOOK 227, PAGES 77 THROUGH 85, OF MAPS, RECORDS OF RIVERSIDE COUNTY, PURSUANT TO CERTIFICATE OF COMPLIANCE NO. 2001-023, AS SHOWN ON GRANT DEED RECORDED JUNE 8, 2001 AS INSTRUMENT NO. 2001-25623, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 124 OF SAID TRACT, SAID POINT BEING ON A 318.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, TO WHICH A RADIAL LINE BEARS NORTH 73° 00' 27" EAST SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF VIA FLORENCE MEASURED 18.50 FEET FROM THE CENTERLINE OF SAID STREET; THENCE SOUTH ALONG SAID CURVE 60.95 FEET THROUGH A CENTRAL ANGLE OF 10° 57' 52", TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 83° 58' 19" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID CURVE 31.64 FEET THROUGH A CENTRAL ANGLE OF 05° 41' 33", TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 89° 39' 52" EAST; THENCE SOUTH 00° 20' 08" EAST ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE, 29.00 FEET; THENCE NORTH 89° 39' 52" EAST, 111.50 FEET EAST LINE OF SAID LOT 123; THENCE NORTH 00° 20' 08" EAST ALONG SAID EAST LINE, 84.00 FEET; THENCE SOUTH 76° 18' 08" WEST, 116.22 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 5: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, USE AND ENJOYMENT OF THE COMMON AREA AS DEFINED IN THE DECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS RECORDED NOVEMBER 27, 1991, AS INSTRUMENT NO. 415112, OFFICIAL RECORDS. ' SCHEDULE B Page 1 Order No: 2020995 K10 Your Ref: DRE PRELIM At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2001-2002 THAT ARE A LIEN NOT YET DUE. • 2. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. • 3. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. • 4. 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. • 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: COACHELLA VALLEY COUNTY WATER DISTRICT PURPOSE: DRAINAGE, STORMWATER, CANALS, LATERALS AND APPURTENANT WORKS RECORDED: APRIL 23, 1940, IN BOOK 463 PAGE 44, OFFICIAL RECORDS AFFECTS: SAID LAND • 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: COACHELLA VALLEY COUNTY WATER DISTRICT ROADS, DITCHES AND PIPELINES DECEMBER 27, 1944 IN BOOK 658 PAGE 175 OFFICIAL RECORDS SAID LAND • 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS PREB-10/31/97bk Page 2 Order No: 2020995 SCHEDULE B (continued) K10 Your Ref: DRE PRELIM SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SOUTHERN CALIFORNIA GAS COMPANY PIPE LINES MARCH 12, 1990 AS INSTRUMENT NO. 88848 OFFICIAL RECORDS SAID LAND • 8 A DOCUMENT ENTITLED "AGREEMENT", DATED (NOT SET OUT) EXECUTED BY AND BETWEEN A. G. SPANOS CONSTRUCTION, INC. AND WILMA PACIFIC, INC., SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MARCH 15, 1990 AS INSTRUMENT NO. 94290 OFFICIAL RECORDS. Z J SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. THE INTEREST OF A.G. SPANOS WAS ASSIGNED TO SECURITY PACIFIC NATIONAL BANK BY AN ASSIGNMENT RECORDED MAY 3, 1990 AS INSTRUMENT NO. 162937, OFFICIAL RECORDS. x 9. A DOCUMENT ENTITLED "MAINTENANCE AGREEMENT", DATED MARCH 15, 1990 EXECUTED BY A. G. SPANOS CONSTRUCTION, INC. AND WILMA PACIFIC, INC., SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MARCH 15, 1990 AS INSTRUMENT NO. 94292 OFFICIAL RECORDS. L A FIRST AMENDMENT TO MAINTENANCE AGREEMENT RECORDED OCTOBER 15, 1990 AS. INSTRUMENT NO. 378237 OFFICIAL RECORDS. • 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: GTE CALIFORNIA INCORPORATED, A CORPORATION PUBLIC UTILITIES APRIL 8, 1990 AS INSTRUMENT NO. 293349 OFFICIAL RECORDS WITHIN 3.00 FEET OF ALL SIDE LOT LINES, EXCEPT SUCH LINES AS COINCIDE WITH BOUNDARY LINES OF STREETS, AND AS SHOWN THEREIN N 11. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW. MAP OF: EASEMENT PURPOSE: AFFECTS: TRACT 26152 IN BOOK 227 PAGES 77 THROUGH 85, INCLUSIVE OF MAPS STORM DRAINS, PUBLIC UTILITIES AS SHOWN ON SAID MAP PRELIMBC-9/23/93bk Page 3 Order No: 2020995 K10 SCHEDULE B (continued) Your Ref: DRE PRELIM 0 12. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN RELINQUISHED BY THE MAP OF SAID TRACT. AF Q R s T AFFECTS: LOTS 65 THROUGH 67 ABUTTING 48TH AVENUE; LOTS 67 THROUGH 74, 114 THROUGH 126 ABUTTING ADAMS STREET AND LOTS 141 THROUGH 146. SAID LAND HOWEVER, ABUTS UPON A PUBLIC THOROUGHFARE OTHER THAN THE ROAD REFERRED TO ABOVE, OVER WHICH RIGHTS OF VEHICULAR INGRESS AND EGRESS HAVE NOT BEEN RELINQUISHED. 13. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT "OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS." RECORDED: NOVEMBER 27, 1991 AS INSTRUMENT NO. 415112, OFFICIAL RECORDS NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE 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. SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST IN GOOD FAITH AND FOR VALUE. SAID INSTRUMENT ALSO PROVIDES FOR THE LEVY OF ASSESSMENTS, THE LIEN OF WHICH IS STATED TO BE SUBORDINATE TO THE LIEN OF A FIRST MORTGAGE OR FIRST DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. AMONG OTHER THINGS, SAID DOCUMENT PROVIDES: EASEMENTS FOR UTILITIES, DRAINAGE AND SLOPES MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS PRELIMBC-9/23/93bk Page 4 Order No: 2020995 SCHEDULE B (continued) K10 Your Ref: DRE PRELIM RECORDED: DECEMBER 11, 1991 AS INSTRUMENT NO. 428589 OFFICIAL RECORDS THE PROVISIONS OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE EXTENDED TO INCLUDE THE HEREIN DESCRIBED LAND BY AN INSTRUMENT RECORDED: MARCH 18, 1998, AS INSTRUMENT NO. 100367 AND MARCH 18, 1998, AS INSTRUMENT NO. 100368, BOTH OF OFFICIAL RECORDS AG THE PROVISIONS OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE EXTENDED TO INCLUDE THE HEREIN DESCRIBED LAND BY AN INSTRUMENT RECORDED: SEPTEMBER 13, 2000 AS INSTRUMENT NO. 2000-359387 OFFICIAL RECORDS • 14. A DOCUMENT ENTITLED "MUTUAL RIGHT OF ACCESS AGREEMENT", DATED AUGUST 26, 1992 EXECUTED BY WILMA-LA QUINTA L.P., A DELAWARE LIMITED PARTNERSHIP AND ABN-AMRO BANK, N.V., SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED SEPTEMBER 14, 1992 AS INSTRUMENT NO. 342736 OFFICIAL RECORDS. A FIRST AMENDMENT TO MUTUAL RIGHT OF ACCESS AGREEMENT RECORDED OCTOBER 30, 1992 AS INSTRUMENT NO. 412966 OFFICIAL RECORDS. • 15. A NOTICE OF WATER SYSTEM BACK UP FACILITIES AND SANITARY CAPACITY CHARGES RECORDED SEPTEMBER 19, 1997 AS INSTRUMENT NO. 342860 OFFICIAL RECORDS. • 16. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS RESERVED IN A DOCUMENT (NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT) PURPOSE: UTILITIES, STREETS, DRAINAGE AND LANDSCAPING RECORDED: JANUARY 8, 1998 AS INSTRUMENT NO. 007513 OFFICIAL RECORDS AFFECTS: SAID LAND AI 17. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: $1,875,000.00 DECEMBER 11, 2000 LAKE LA QUINTA COMMUNITIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY CHICAGO TITLE COMPANY WASHINGTON MUTUAL BANK FA, A FEDERAL ASSOCIATION PRELIMBC-9/23/93bk Page 5 Order No: 2020995 SCHEDULE B (continued) K10 Your Ref: DRE PRELIM RECORDED: DECEMBER 29, 2000 AS INSTRUMENT NO. 2000-520706, OFFICIAL RECORDS ORIGINAL LOAN NUMBER: 03-0648-004069240-2 AFFECTS: LOTS 71 THROUGH 77 AL 18. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: ORIGINAL LOAN NUMBER: $795,000.00 FEBRUARY 9, 2000 LAKE LA QUINTA COMMUNITIES, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY CHICAGO TITLE COMPANY WASHINGTON MUTUAL BANK FA, A FEDERAL ASSOCIATION FEBRUARY 24, 2000 AS INSTRUMENT NO. 2000-066404 03-0648-003280486-6 AFFECTS: LOT 123 AND OTHER PROPERTY AB END OF SCHEDULE B AC NOTE NO. 1: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB -ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD OF FROM TWO TO FIVE BUSINESS DAYS AFTER THE DAY DEPOSITED. IN THE EVENT THAT THE PARTIES TO THE CONTEMPLATED TRANSACTION WISH TO RECORD PRIOR TO THE TIME THAT THE FUNDS ARE AVAILABLE FOR DISBURSEMENT (AND SUBJECT TO COMPANY APPROVAL), THE COMPANY WILL REQUIRE THE PRIOR WRITTEN CONSENT OF THE PARTIES. UPON REQUEST, A FORM ACCEPTABLE TO THE COMPANY AUTHORIZING SAID EARLY RECORDING MAY BE PROVIDED TO ESCROW FOR EXECUTION. WIRE TRANSFERS THERE IS NO MANDATED HOLD PERIOD FOR FUNDS DEPOSITED BY CONFIRMED WIRE TRANSFER. THE COMPANY MAY DISBURSE SUCH FUNDS THE SAME DAY. CHICAGO TITLE WILL DISBURSE BY WIRE (WIRE -OUT) ONLY COLLECTED FUNDS OR FUNDS RECEIVED BY CONFIRMED WIRE (WIRE -IN). THE FEE FOR EACH WIRE -OUT IS $25.00. THE COMPANY'S WIRE -IN INSTRUCTIONS ARE: WIRE -IN INSTRUCTIONS FOR C & I/SUBDIVISION INLAND: PRELIMBC-9/23/93bk Page 6 Order No: 2020995 SCHEDULE B (continued) K10 Your Ref: DRE PRELIM BANK: UNION BANK 2001 MICHELSON DRIVE IRVINE, CA 92714 BANK ABA: 122 000 496 ACCOUNT NAME: CHICAGO TITLE COMPANY C&I/SUBDIVISION-INLAND ACCOUNT NO.: 9120052850 FOR CREDIT TO: CHICAGO TITLE COMPANY 560 EAST HOSPITALITY LANE SAN BERNARDINO, CA 92408 FURTHER CREDIT TO: ORDER NO.: 002020995 NOTE NO. 2: IF A 1970 ALTA OWNER'S OR LENDER'S OR 1975 ALTA LEASEHOLD OWNER'S OR LENDER'S POLICY FORM HAS BEEN REQUESTED, THE POLICY, WHEN APPROVED FOR ISSUANCE, WILL BE ENDORSED TO ADD THE FOLLOWING TO THE EXCLUSIONS FROM COVERAGE CONTAINED THEREIN: LOAN POLICY EXCLUSION: 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. OWNER'S POLICY EXCLUSION 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. NOTE NO. 3: CHICAGO TITLE COMPANY WILL REQUIRE THAT WE BE FURNISHED A WRITTEN STATEMENT FROM THE BENEFICIARY OF ANY OUTSTANDING DEED OF TRUST THAT THE ACCOUNT IS FROZEN PRIOR TO OUR PAYING THE DEMAND IF SAID DEED OF TRUST SECURES A LINE OF CREDIT. .D NOTE NO. 4: NO KNOWN MATTERS OTHERWISE APPROPRIATE TO BE SHOWN HAVE BEEN DELETED FROM THIS REPORT, WHICH IS BEING ISSUED SOLELY TO FACILITATE THE ISSUANCE OF A POLICY OF TITLE INSURANCE. FOR PURPOSES OF POLICY ISSUANCE, THE FOLLOWING ITEMS, IF ANY, MAY BE ELIMINATED ON THE BASIS OF AN INDEMNITY AGREEMENT OR OTHER AGREEMENT SATISFACTORY TO THE COMPANY: NONE LS/DW/DH/DW/GO PRELIM BC-9/23/93bk Atl___:d to Order No. 002020995 K10 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 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, 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 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. 2. (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. 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 the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the ability 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 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 which 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 the land or which may be asserted by persons in possession thereof. 3. Easements, liens, or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. CLTASCP -- 05/12/95 AA to Order No. 002020995 K10 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, attorney's 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 land division improvement on the land environmental protection This exclusion does not apply to the 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. 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 specially 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 In addition to the Exceptions, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land 2. If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Unit, Item 12 of Covered Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use, if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. AMERICAN LAND TITLE ASSOCIATION HOMEOWNERS POLICY OF TITLE INSURANCE (10-17-98) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorney's 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 c. Land use e. Land division b. zoning d. improvements on the Land f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17, or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date;or b. the taking happened before the Policy Date and is binding on You If You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value of Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. ALTARTIP 07/20/99bk _ ____ched to Order No. 002020995 K10 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 FROM 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 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 violations 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 (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 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 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 or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) (ii) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or 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 purchaser for value or a judgment or lien creditor. 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 also 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 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 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, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. ALTALP -- 05/12/95 AA Att____d to Order No. 002020995 K10 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, 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 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 violations 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. 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 also 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 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 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, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. ALTAOPEC -- 05/12/95 AA