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Title Insurance for $42.5M - 2002��rt aa � /s-7 (2002. Owner's Policy of Title Insurance Fidelity National Title Insurance Company Policy Number A Stock Company 27- 31 -92- 12 5 5,119 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITYNATIONAL TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; The Company will also pay the costs, attornevs' fees and expenses incurred in defense of the title, as insured, but onh to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Fidelity National Title Insurance Company 10LE ,NS` D4 4 v rP� ' SEAL o ATTEST President 5 s Countersigned: Secretary Authorized Signature ALTA Owner's Policy (10- 17 -92) FNTIC Form No. 27- 031 -92 (1 -4 -93) q. SCHEDULE A Order Number: 9772041 Date of Policy: June 27, 2002 at 8:00 a.m. Name of Insured: Policy No.: 27- 031 -92- 125519 Amount of Insurance: $ 42,500,000.00 Premium Amount: $40,375.00 LA QUINTA REDEVELOPMENT AGENCY 2. The estate or interest in the land described herein and which is covered by this policy is: A Fee 3. Title to the estate or interest in the land is vested in: LA QUINTA REDEVELOPMENT AGENCY, a public body and corporate politic 4. The land referred to in this policy is situated in the City of La Quinta, County of Riverside, State of California, and is described as follows: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF THIS POLICY VALID ONLY IF SCHEDULE 8 IS ATTACHED f i F ALTA Owner's Policy - (10- 17 -92) EXHIBIT "ONE" PARCEL A: Order No. 9772041 Policy No. 27- 031 -92- 125519 That portion of the South half of the South half of Section 5, the East half of the Southeast quarter of the Southeast quarter of Section 6, and the North half of the Northeast quarter of Section 8, Township 6 South, Range 7 East, San Bernardino Meridian, more particularly described as follows: Beginning at the intersection of the West line of the East half of the Southeast quarter of the Southeast quarter of said Section 6 with the centerline of Avenue 52; thence along said centerline, North 89° 55' 34" East, 633.19 feet; thence leaving said centerline, South 0° 06' 19" West, 55.00 feet; thence parallel to and 55.00 feet Southerly of said centerline the following four (4) courses: North 890 55' 34" East, 1075.47 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 1945.00 feet; thence Southeasterly along said curve through a central angle of 46° 43' 49" and an arc distance of 1586.34 feet to the beginning of a reverse curve concave Northeasterly and having a radius of 2055.00 feet, a radial line through said point bears North 461 39' 23" East; thence Southeasterly along said curve through a central angle of 460 47' 58" and an arc distance of 1678.53 feet; thence parallel to and 55.00 feet South of the North line of the Northeast quarter of the Northeast quarter of said Section 8, also being the centerline of Avenue 52, North 891 51' 25" East, 859.04 feet; Thence North 0° 08' 35" West, 3.00 feet; thence parallel to and 52.00 feet South of said North line, North 891 51' 25" East, 155.06 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 291.00 feet; thence Southeasterly along said curve through a central angle of 150 09' 25" and an arc distance of 76.98 feet; thence parallel to and 60.00 feet South of said centerline the following four (4) courses: South 89" 51' 25" West, 1081.86 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 2060.00 feet; thence Northwesterly along said curve through a central angle of 46" 47' 58" and an arc distance of 1682.62 feet to the beginning of a reverse curve concave Southwesterly and having a radius of 1940.00 feet, a radial line through said point bears South 46° 39' 23" West; thence Northwesterly along said curve through a central angle of 460 43' 49" and an arc distance of 1582.26 feet; thence South 890 55' 34" West, 1708.65 feet to a point on the West line of the East half of the Southeast quarter of the Southeast quarter of said Section 6; thence along said West line, North 0° 04' 16" East 60.00 feet, to the point of beginning. PARCELB: That portion of the North half of the Northeast quarter of Section 8, Township 6 South, Range 7 East, San Bernardino Meridian, more particularly described as follows: i ALTA Owner's Policy - (10- 17 -92) Order No. 9772041 Policy No. 27- 031 -92- 125519 Commencing at the Northeast corner of said Section 8; thence along the North line of said Section 8, also being the centerline of Avenue 52, South 89° 51' 25" West, 60.04 feet to the TRUE POINT OF BEGINNING; thence parallel to and 60.00 feet Westerly of the centerline of Jefferson Street, South 20 12' 44" East, 235.55 feet to a point of cusp with a tangent curve concave Southwesterly and having a radius of 171.00 feet; thence Northwesterly along said curve through a central angle of 721 46' 26" and an arc distance of 217.20 feet; thence North 741 59' 10" West, 55.07 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 291.00 feet; thence Northwesterly along said curve through a central angle of 150 09' 25" and an arc distance of 76.98 feet; thence parallel to and 52.00 feet South of the centerline of Avenue 52, South 890 51' 25" West, 155.06 feet; thence South 0° 08' 35" East, 3.00 feet; thence parallel to and 55.00 feet South of the centerline of Avenue 52, South 89° 51' 25" West, 859.04 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 2055.00 feet; thence Northwesterly along said curve through a central angle of 131 17' 09" and an arc distance of 476.51 feet to a point on the North line of said Section 8, also being the centerline of Avenue 52; thence along said North line, North 891 51' 25" East, 1733.26 feet to the point of beginning. PARCEL C: That portion of the East half of the Northeast quarter of Section 8, and the West half of the West half of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, more particularly described as follows: Beginning at the Northeast corner of said Section 8; thence along the centerline of Jefferson Street, South 20 12' 44" East, 5267.69 feet to the Northeast corner of Section 17, Township 6 South, Range 7 East, San Bernardino Meridian; thence along the South line of said Section 9, also being the centerline of Avenue 54, South 890 50' 56" West, 65.04 feet; thence parallel to and 65.00 feet Westerly of the centerline of Jefferson Street, North 20 12' 44" West, 297.88 feet; thence North 11 23' 37" West, 350.04 feet; thence parallel to and 60.00 feet Westerly of the centerline of Jefferson Street, North 2° 12' 44" West, 3166.69 feet to a point on the Southerly right of way of the All American Canal; thence along said Southerly right of way, North 89° 53' 14" East, 30.02 feet; thence parallel to and 30.00 feet Westerly of the centerline of Jefferson Street, North 2° 12' 44" West, 130.09 feet to the Northerly right of way of the All American Canal; thence along said Northerly right of way, South 89e 53' 14" West, 30.02 feet; thence parallel to and 60.00 feet Westerly of the centerline of Jefferson Street, North 21 12' 44" West, 1322.87 feet to a point on the North line of said Section 8, also being the centerline of Avenue 52; thence along said North line, North 89° 51' 25" East, 60.04 feet to the point of beginning. PARCEL D: That portion of the South half of the South half of Section 8, and the Southwest quarter of the Southwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, more particularly described as follows: ALTA Owner's Policy - (10- 17 -92) Order No. 9772041 Policy No. 27- 031 -92- 125519 Commencing at the Northeast corner of Section 17, Township 6 South, Range 7 East, San Bernardino Meridian; thence along the South line of said Section 9, South 891 50' 56" West, 65.04 feet to the TRUE POINT OF BEGINNING; thence continuing South 89150' 56" West, 132.94 feet to the Southwest corner of said Section 9; thence along the South line of the Southeast quarter of said Section 8, also being the centerline of Avenue 54, South 891 59' 23" West, 2647.64 feet to the Southwest corner of said Southeast quarter; thence along the South line of the Southwest quarter of said section, South 891 33' 69" West, 48.00 feet to the beginning of a non - tangent curve concave Southeasterly and having a radius of 48.00 feet, a radial line through said point bears South 891 33' 59" West; thence leaving said South line, and Northeasterly along said curve through a central angle of 1050 27' 16" and an arc distance of 88.35 feet; thence South 741 58' 44" East, 50.00 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 100.00 feet; thence Southeasterly along said curve through a central angle of 151 00' 38" and an arc distance of 26.20 feet; thence parallel to and 30.00 feet North of the South line of the Southeast quarter of said Section 8, also being the centerline of Avenue 54, South 891 59' 23" East, 2514.64 feet; thence North 83102' 52" East, 151.56 feet; thence North 441 58' 49" East, 36.66 feet; thence parallel to and 65.00 feet West of the centerline of Jefferson Street, South 21 12' 44" East, 74.00 feet to the point of beginning. PARCEL 2: That portion of the South half of the South halt of Section 5, the East half of the Southeast quarter of the Southeast quarter of Section 6, the East half of the Northeast quarter of the Northeast quarter of Section 7, and Section 8, Township 6 South, Range 7 East, San Bernardino Meridian, more particularly described as follows: Commencing at the intersection of the West line of the East half of the Southeast quarter of the Southeast quarter of said Section 6 with the centerline of Avenue 52; thence along said West line, South 01 04' 16" West, 60.00 feet to the TRUE POINT OF BEGINNING; thence parallel to and 60.00 feet South of the centerline of Avenue 52 the following four (4) courses: North 891 55' 34" East, 1708.65 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 1940.00 feet; thence Southeasterly along said curve through a central angle of 461 43' 49" and an arc distance of 1582.26 feet to the beginning of a reverse curve concave Northeasterly and having a radius of 2060.00 feet, a radial line through said point bears North 461 39' 23" East; thence Southeasterly along said curve through a central angle of 461 47' 58" and an arc distance of 1682.62 feet; thence North 891 51' 25" East, 767.06 feet; thence South 411 15' 00" East, 787.18 feet; thence parallel to and 60.00 feet Westerly of the centerline of Jefferson Street, South 21 12' 44" East, 669.32 feet to the Northerly right of way of the All American Canal; thence along the Northerly and Westerly right of way of the All American Canal the following seven (7) courses: South 891 53' 14" West, 2633.43 feet; thence South 01 00' 06" East, 1320.62 feet; thence South 891 55' 03" West, 20.00 feet; thence South 01 00' 06" East, 420.29 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 796.20 feet; thence Southeasterly along said curve through a central angle of 281 30' 00" and an arc distance of 396.05 feet; thence South 281 30' 06" East, 74.10 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 636.20 feet; thence Southeasterly along said curve through a central angle of 1 11 02' 55" and an arc distance of 122.68 feet; 151 I . ALTA Owner's Policy - (10- 17 -92) Order No. 9772041 Policy No. 27- 031 -92- 125519 Thence leaving said Westerly right of way, North 60° 30' 00" West, 59.57 feet; thence North 740 00' 00" West, 188.00 feet; thence North 350 10' 00" West, 68.00 feet; thence North 40° 35' 00" West, 111.50 feet; thence North 40° 50' 00" West, 115.50 feet; thence North 751 35' 00" West, 93.50 feet; thence North 36° 40' 00" West, 162.50 feet; thence North 190 35' 00" East, 61.50 feet; thence North 360 00' 00" West, 172.50 feet; thence North 45° 15' 00" West, 214.00 feet; thence North 430 10' 00" West, 173.00 feet; thence North 451 25' 00" West, 146.00 feet; thence North 13° 55' 00" West, 198.50 feet; thence South 820 00' 00" West, 182.00 feet; thence North 580 15' 00" West, 187.50 feet; thence North 461 00' 00" West, 180.50 feet; thence North 310 50' 00" West, 108.00 feet; thence North 51 55' 00" West, 209.00 feet; thence North 100 20' 00" East, 180.50 feet; thence North 40 40' 00" East, 111.00 feet; thence North 21 40' 00" West, 88.50 feet; thence North 140 00' 00" West, 202.00 feet; thence North 640 40' 00" West, 186.00 feet; thence North 670 50' 00" West, 187.00 feet; thence South 760 55' 00 West, 124.00 feet; thence South 371 10' 00" West, 122.00 feet; thence South 88° 20' 00 West, 75.50 feet; thence North 881 20' 00" West, 75.50 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 70.00 feet; thence Northwesterly along said curve through a central angle of 72" 25' 00" and an arc distance of 88.47 feet; thence North 63° 25' 00" West, 59.00 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 135.00 feet; thence Northwesterly along said curve through a central angle of 771 30' 00 and an are distance of 182.61 feet to the beginning of a reverse curve concave Southwesterly and having a radius of 47.00 feet, a radial line through said point bears North 75° 50' 00" West; thence Northwesterly along said curve through a central angle of 1050 45' 00 and an arc distance of 86.75 feet; thence South 881 20' 00" West, 75.50 feet; thence North 72" 20' 00" West, 64.00 feet; thence South 891 50' 00" West, 88.50 feet; thence North 480 10' 00" West, 89.50 feet; thence North 38° 35' 00" West, 230.50 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 90.00 feet; thence Northeasterly along said curve through a central angle of 970 45' 00" and an arc distance of 153.55 feet; thence North 80 05' 00" East, 116.00 feet; thence North 71 05' 00" West, 293.00 feet; thence North 45° 45' 00" West, 143.00 feet; thence North 530 25' 00" West, 284.00 feet to a point on the West line of the East half of the Southeast quarter of the Southeast quarter said Section 6; thence along said West line, North 00 04' 16" East, 1068.43 feet to the point of beginning. PARCEL 3: That portion of the South half of the Northeast quarter, the Southeast quarter, and the Southeast quarter of the Southwest quarter, of Section 8; and the West half of the West half of Section 9; Township 6 South, Range 7 East, San Bernardino Meridian, more particularly described as follows: Commencing at the Northeast corner of Section 17, Township 6 South, Range 7 East, San Bernardino Meridian; thence along the South line of said Section 9, South 890 50' 56" West, 65.04 feet; thence parallel to and 65.00 feet Westerly of the centerline of Jefferson Street, North 20 12' 44" West, 74.00 feet to the TRUE POINT OF BEGINNING; thence South 440 58' 49" West, 36.66 feet; thence South 830 02' 52" West, 151.65 feet; thence parallel to and 30.00 feet North of the South line of the Southeast quarter of said Section 8, also being the centerline of Avenue 54, South 89° 59' 23" West, 2514.64 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 100.00 feet; thence Northwesterly along said curve through a central angle of 150 00' 38" and an arc distance of 26.20 feet; thence North 740 58' 44" West, 50.00 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 48.00 feet; thence Southwesterly along said curve through a 5 ALTA Owner's Policy - (10- 17 -92) Order No. 9772041 Policy No. 27- 031 -92- 125519 central angle of 1050 27' 16" and an arc distance of 88.35 feet to a point on the South line of the Southwest quarter of said Section 8; thence along said South line, South 891 33' 59" West, 414.84 feet to a point on the Easterly right of way line of the All American Canal, said point also being the beginning of a non - tangent curve concave Southeasterly and having a radius of 1372.40 feet, a radial line through said point bears North 56° 56' 06" West; thence along the Easterly and Southerly right of way of the All American Canal, the following twelve (12) courses: Northeasterly along said curve through a central angle of 10 34' 00" and an arc distance of 37.53 feet; thence North 340 37' 54" East, 814.10 feet to the beginning of a tangent curve concave Northwesterly and having a radius of 1492.40 feet; thence Northeasterly along said curve through a central angle of 61 24' 00" and an arc distance of 166.70 feet; thence North 28° 13' 54" East, 272.60 feet to the beginning of a tangent curve concave Westerly and having a radius of 776.20 feet; thence Northerly along said curve through a central angle of 561 44' 00" and an arc distance of 768.58 feet; thence North 28° 30' 06" West, 74.10 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 656.20 feet; thence Northwesterly along said curve through a central angle of 280 30' 00" and an arc distance of 326.41 feet; thence North 01 00' 06" West, 420.48 feet; thence South 891 55' 03" West, 10.00 feet; thence North 01 00' 06" West, 954.66 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 236.48 feet; thence Northeasterly along said curve through a central angle of 890 53' 20" and an arc distance of 371.00 feet; thence North 891 53' 14" East, 2292.43 feet; Thence parallel to and 60.00 feet Westerly of the centerline of Jefferson Street, South 2" 12' 44" East, 3166.69 feet; thence South 10 23' 37" East, 350.04 feet; thence parallel to and 65.00 feet West of the centerline of Jefferson Street, South 20 12' 44" East, 223.88 feet to the point of beginning. PARCEL 4: That portion of the Northeast quarter of the Northeast quarter of Section 8, Township 6 South, Range 7 East, San Bernardino Meridian, more particularly described as follows: Commencing at the Northeast corner of said Section 8; thence along the North line of said Section 8, also being the centerline of Avenue 52, South 890 51' 25" West, 60.04 feet; thence parallel to and 60.00 feet Westerly of the centerline of Jefferson Street, South 21 12' 44" East, 235.55 feet to the TRUE POINT OF BEGINNING; thence continuing South 21 12' 44" East, 418.00 feet; thence North 410 15' 00" West, 787.18 feet; thence parallel to and 60.00 feet South of the centerline of Avenue 52, North 890 51' 25" East, 314.80 feet to the beginning of a non - tangent curve concave Southwesterly and having a radius of 291.00 feet, a radial line through said point bears North 130 19' 22" East; thence Southeasterly along said curve through a central angle of 10 41' 28" and an arc distance of 8.59 feet; thence South 74° 59' 10" East, 55.07 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 171.00 feet; thence Southeasterly along said curve through a central angle of 721 46' 26" and an arc distance of 217.20 feet to the point of beginning. 10 ALTA Owner's Policy - (10- 17 -92) SCHEDULEB EXCEPTIONS FROM COVERAGE Order No. 9772041 Policy No. 27- 031 -92- 125519 This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2002 -2003. INTENTIONALLY DELETED. 3. INTENTIONALLY DELETED. 4. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. INTENTIONALLY DELETED. 6. INTENTIONALLY DELETED, 7. Easement(s) for the purpose(s) shown below and rights incidental thereto dedicated, acquired, reserved or excepted for public use by Coachella Valley Water District, formerly Coachella Valley County Water District In favor of: The public Purpose: Public roads and rights of way, private easements and rights of way for roads, pipe lines, ditches, and conduits on, over, under or across the herein described property, existing for the purpose of ingress and egress from other lands by means of such roads and for the purpose of conveying irrigating and domestic water to such other lands by means of such pipe lines, ditches and conduits. 8. Rights of the public in and to any portion of said land, lying within any lawful established street, road, or highway known as 50th Avenue, 54th Avenue, 58th Avenue, Adams Street, Airport Boulevard, Eisenhower Drive, Jefferson Street, Madison Street, Monroe Street and Washington Street, except where vacated. ALTA Owner's Policy - (10- 17 -92) Order No. 9772041 Policy No. 27- 031 -92- 125519 9. Reservations contained in the Patent from the United States of America, as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts, and the reservation from the land hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States. Recorded: July 14, 1910, Book 6, Page 1, of Patents Affects: Parcels 2 and 3. 10. Reservations contained in the Patent from the United States of America, as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts, and the reservation from the land hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States. Recorded: May 16, 1914, Book 6, Page 307, of Patents Affects: Parcel 2. 11. Reservations contained in the Patent from the United States of America, as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts, and the reservation from the land hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States. Recorded: September 2, 1922, Book 8, Page 273, of Patents Affects: Parcels 2 and 3. 12. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Southern Sierras Power Company Purpose: Public utilities Recorded: February 24, 1926, Book 664, Page 337, of Deeds Affects: Parcel 2 as described within said document. ALTA Owner's Policy - (10- 17 -92) Order No. 9772041 Policy No. 27- 031 -92- 125519 13. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Southern Sierras Power Company Purpose: Public utilities Recorded: February 16, 1929, Book 796, Page 507, of Deeds Affects: Parcels 2 and A as described within said document. 14. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Southern Sierras Power Company Purpose: Pole lines Recorded: March 28, 1929, Book 804, Page 100, of Deeds Affects: Parcel 2 as described within said document. 15. Easement(s) for the purposes) shown below and rights incidental thereto as granted in a document; Granted to: Southern Sierras Power Company Purpose: Public utilities Recorded: April 11, 1929, Book 806, Page 220, of Deeds Affects: Parcels 2 and A as described within said document. 16. Easementls► for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Nevada - California Electric Corporation Purpose: Public utilities Recorded: December 21, 1937, Book 353, Page 282, of Official Records Affects: Parcel 2 as described within said document. 17. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Nevada - California Electric Corporation Purpose: Pole lines Recorded: January 3, 1938, Book 355, Page 586, of Official Records Affects: Parcel 2 as described within said document. 9 ALTA Owner's Policy - (10- 17 -92) Order No. 9772041 Policy No. 27- 031 -92- 125519 18. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Imperial Irrigation District Purpose: Public utilities Recorded: May 14, 1952, Book 1368, Page 365, of Official Records Affects: Parcel 3 as described within said document. 19. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The United States of America Purpose: Pipelines Recorded: December 15, 1952, Book 1424, Page 200, of Official Records Affects: Parcels 2 and A as described within said document. 20. Easerent(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The United States of America Purpose: Pipelines Recorded: July 2, 1953, Book 1487, Page 425, of Official Records Affects: Parcels 2 and A as described within said document. 21. INTENTIONALLY DELETED 22. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Imperial Irrigation District Purpose: Pipelines Recorded: May 19, 1955, Book 1740, Page 345, of Official Records Affects: Parcels 3 and C as described within said document. 23. Easement(s) for the purposes) shown below and rights incidental thereto as granted in a document; Granted to: Imperial Irrigation District Purpose: Power lines Recorded: May 23, 1955, Book 1741, Page 466, of Official Records Affects: Parcels 3 and C as described within said document. 10 L ALTA Owner's Policy - (10- 17 -92) Order No. 9772041 Policy No. 27- 031 -92- 125519 24. Easement(s) for the purposes) shown below and rights incidental thereto as granted in a document; Granted to: Imperial Irrigation District Purpose: Public utilities Recorded: June 23, 1955, Book 1756, Page 278, of Official Records Affects: Parcel 3 as described within said document. 25. INTENTIONALLY DELETED. 26. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Imperial Irrigation District Purpose: Power lines Recorded: April 26, 1961, Instrument No. 35578, of Official Records Affects: Parcel 3 as described within said document. 27. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: General Telephone Company of California, a corporation Purpose: Public utilities Recorded: November 6, 1985, Instrument No. 250971, of Official Records Affects: Parcels 2 and 4 as described within said document. 28. INTENTIONALLY DELETED. 11 ALTA Owner's Policy - (10- 17 -92) Order No. 9772041 Policy No. 27- 031 -92- 125519 29, A Resolution of the City Council of the City of La Quinta, recorded May 4, 1990 as Instrument /File No. 164277 of Official Records, which vacates certain portions of Adams Street, said resolution reserves an easement in favor of the public and any public or government agencies for access, ingress and egress of fire, police and other emergency vehicles and personnel over and across said vacated street. Affects: Parcels 2 and A. 30. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: General Telephone Company of California, a corporation Purpose: Public utilities Recorded: May 7, 1990, Instrument No. 167234, of Official Records Affects: Parcel 2 as described within said document. 31. Easements) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: City of La Quinta, a municipal corporation Purpose: Public utilities Recorded: May 23, 1990, Instrument No. 188795, of Official Records Affects: Parcel A as described within said document. 32. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The United States of America Purpose: Pipeline and necessary devices and appurtenances Recorded: August 3, 1990, Instrument No. 287666, of Official Records Affects: Parcels B and C as described within said document. 33. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The United States of America Purpose: Pipe line and necessary devices and appurtenances Recorded: August 3, 1990, Instrument No. 287668, of Official Records Affects: Parcel 2 as described within said document. 12 ALTA Owner's Policy - (10- 17 -92) 34. 35. 36. 37. 38. 39. 40. Order No. 9772041 Policy No. 27- 031 -92- 125519 Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: City of La Quinta, a municipal corporation Purpose: Public utilities Recorded: May 23, 1990, Instrument No. 188795, of Official Records Affects: Parcel A as described within said document. A Lot Line Adjustment (LLA No. 91 -136) approved by the City of La Quinta, recorded August 22, 1991 as Instrument /File No. 290435 of Official Records. Said Lot Line Adjustment contains various errors in the legal description attached thereto. Said errors must be corrected and said document be re- recorded in order to describe said property by the description in said Lot Line Adjustment. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: GTE California Incorporated, a Corporation Purpose: Public utilities Recorded: August 28, 1991, Instrument No. 297804, of Official Records Affects: Parcels 4 and B as described within said document. INTENTIONALLY DELETED. INTENTIONALLY DELETED. INTENTIONALLY DELETED. An irrevocable offer to dedicate an easement over a portion of said land for public street and public utility purposes. Recorded: April 7, 1999, Instrument No. 147656, of Official Records Affects: Parcel C. 13 ALTA Owner's Policy - (10- 17 -92) Order No. 9772041 Policy No. 27- 031 -92- 125519 41. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: GTE California Incorporated, a Corporation Purpose: Public utilities Recorded: September 8, 1999, Instrument No. 1999- 402112, of Official Records Affects: Parcels 3 and C as described within said document. 42. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: City of La Quinta, a charter city Purpose: Public right of way and roadway purposes Recorded: February 18, 2000, Instrument No. 2000- 059968, of Official Records Affects: Parcels B and C as described within said document. 43. INTENTIONALLY DELETED. 44. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Coachella Valley Water District Purpose: Build and maintain an access road, and devices and appurtenances necessary for such access Recorded: September 18, 2000, Instrument No. 2000- 364484, of Official Records Affects: Parcel 2 as described within said document. 14 ALTA Owner's Policy - (10- 17 -92) Order No. 9772041 Policy No. 27- 031 -92- 125519 45. Any facts, rights, interests, or claims which may exist or arise by reason of the following facts disclosed by survey, Job No. 54800, dated May 13, 2002 and revised May 22, 2002 prepared by M.D.S. Consulting: A) The fact that power poles are located at various points within said land. B) The fact that various buildings are located within the boundary lines. The following note is shown under the survey notes: Septic tank /leach field exist for each building shown hereon, exact location of was not determined. C) The fact that an existing chain link fence and a 26' gate are located North of the South boundary line of Parcel 3. D) The fact that the following items shown as survey notes; are located within the boundary lines, and are set out on said survey: 1. Existing retention basin with 48" RCP storm drain and headwall. Per the City of La Quinta, up to 50,000 gallons of nuisance flow runoff enters this basin each day. 2. 2 " -4" PVC riser (for future dry utilities). 3. 48" GTE manhole. 4. 6' x 10' Imperial Irrigation District vault. 5. 6.5' x 10' concrete pad w /mounted gear box, Imperial Irrigation District. 6. 65' x 50' Coachella Valley Water District (CVWD) sewer lift station facility, no easement of record. 7. Sewer manhole. 8. Retention basin w/24" RCP storm drain and concrete headwall, accepts local drainage only. (From Citrus Course and Avenue 52) 10. GTE "Buried Cable" route warning sign. 1 1 . 1.6' x 2.6' cable tv box. 12. 1.5' x 2.3' concrete "Street Lighting" utility box. 14. High pressure gas line caution sign. 16. 40' x 50' GTE facility with 6' high concrete block perimeter wall. 17. 36" concrete standpipe. 18. Exist. 6" x 3' high GTE riser. 15 ALTA Owner's Policy - (10- 17 -92) Order No. 9772041 Policy No. 27- 031 -92- 125519 19. 1' x 3' x 4' high control box, unknown use. 20. Fire hydrant. 21. Exposed irrigation pipe lines - various sizes. 22. 6' high wood fence around private domestic water well. (Well provides water for existing buildings onsite) 23. Cable tv riser. 25. 6.0' x 6.0' x 4' high concrete block wall - weir box. 26. Exposed Section of 18" CMP. 28. Well head (Private). 46. Matters contained in that certain document entitled "Agreement Containing Covenants Affecting Real Property ", dated June 18, 2002, executed by and between KSL Land Holdings, Inc., a Delaware Corporation; KSL Desert Resorts, inc., a Delaware corporation and the La Quinta Redevelopment Agencyl, a public body, corporate and politic, recorded June 27, 2002, Instrument No. 2002- 352578, of Official Records. Reference is hereby made to said document for full particulars. 47. Easements, Covenants, Conditions and Restrictions in the deed from KSL Land Holdings, Inc., a Delaware corporation to La Quinta Redevelopment Agency, a public body corporate and politic, which recorded June 27, 2002 as Instrument /File No. 2002- 352579 of Official Records. 16 Order No.: 9772041 ENDORSEMENT Attached to Policy No. 27- 031 -92- 125519 Issued By Fidelity National Title Insurance Company The Company hereby insures the owner of the indebtedness secured by the insured mortgage against loss or damage which the insured shall sustain by reason of: 1. The existence of any of the following: (a) That there are no present violations on said land of any enforceable covenants, conditions, or restrictions; (b) Except as shown in Schedule B, there are no encroachments of buildings, structures, or improvements located on said land onto adjoining lands, or any encroachments onto the land of buildings, structures, or improvements located on adjoining lands. 2. (a) Any future violations on the land of any covenants, conditions, or restrictions occurring prior to acquisition of title to said estate or interest by the insured, provided such violations result in impairment or loss of title to said estate or interest if the insured shall acquire such title; (b) Unmarketability of the title to the estate or interest referred to in Schedule A by reason of any violations on the land, occurring prior to acquisition of title to the estate or interest by the insured, of any covenants, conditions or restrictions. 3. Damage to existing improvements, including lawns, shrubbery or trees (a) Which are located or encroach upon that portion of the land subject to any easement or right of way shown in Schedule B, which damage results from the exercise of the right to use or maintain any such easement for the purposes for which the same was granted or reserved; (b) Resulting from the exercise of any right to use the surface of the land for the extraction or development of the minerals excepted from the description of the land or shown as a reservation in Schedule B. 4. Any final court order or judgment requiring removal from any land adjoining the land of any encroachment shown in Schedule B. CLTA Form 100 (Rev. 6- 14 -96) ALTA - Lender Wherever in this endorsement any or all the words "covenants ", "conditions" or "restrictions" appear, they shall not be deemed to refer to or include the terms, covenants, and conditions or restrictions contained in any lease. . For purposes of this endorsement, the words "covenants ", "conditions" or "restrictions" shall not be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protection, except to the extent that a notice of a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy and is not excepted in Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Dated: June 27, 2002 Fidelity National Title INSURANCE COMPANY wVG " Countersigned CLTA Form 100 (Rev. 6- 14 -96) ALTA - Lender Order No.: 9772041 ENDORSEMENT Attached to Policy No. 27- 031 -92- 125519 Issued by Fidelity National Title Insurance Company The Company hereby insures the owner against loss which the insured shall sustain as a result of any exercise of the right of use or maintenance of the easement referred to in paragraphs 7, 9, 10 and 11 of Schedule B over or through the land. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Dated: PROFORMA Fidelity National Title INSURANCE COMPANY Countersigned CLTA Form 103.1 (Rev. 9- 10 -93) ALTA or CLTA - Lender Order No.: 9772041 ENDORSEMENT Attached to Policy No. 27- 031 -92- PROFORMA Issued by Fidelity National Title Insurance Company The Company hereby insures the insured against loss which the insured shall sustain by reason of damage to existing improvements, including lawns, shrubbery or trees, resulting from the exercise of any right to use the surface of the land for the extraction or development of water excepted from the description of the land or shown as a reservation in Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Dated: June 27, 2002 Fidelity National Title INSURANCE COMPANY Countersigned CLTA Form 103.5 (Rev. 9- 10 -93) ALTA - Owner or Lender Order No.: 9772041 ENDORSEMENT Attached to Policy No. 27- 031 -92- 125519 Issued by Fidelity National Title Insurance Company The Policy is hereby amended by deleting paragraph 4 of Exclusions From Coverage and paragraph 14 of Conditons and Stipulations. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Dated: June 27, 2002 Fidelity National Title INSURANCE COMPANY Countersigned CLTA Form 110.1 Modified (Rev. 9- 10 -93) ALTA or CLTA - Owner or Lender Order No.: 9772041 ENDORSEMENT Attached to Policy No. 27- 031 -92- 125519 Issued by Fidelity National Title Insurance Company The Company hereby insures the insured against loss or damage which the insured shall sustain by reason of the failure of the land to be the same as that delineated on the plat of a survey made by M.D.S. Consulting on May 13, 2002, designated Job No. 54800. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Dated: June 27, 2002 Fidelity National Title INSURANCE COMPANY Countersigned CLTA Form 116.1 (Rev. 6- 14 -96) ALTA or CLTA - Owner Order No.: 9772041 ENDORSEMENT Attached to Policy No. 27- 031 -92- 125519 Issued by Fidelity National Title Insurance Company The Company hereby insures the insured against loss or damage which the insured shall sustain by reason of the failure of the land described in Schedule A, Exhibit "ONE" to be contiguous at common boundary lines. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Dated: June 27, 2002 Fidelity National Title INSUKANCE COMPANY Countersigned CLTA Form 116.4 (Rev. 6- 14 -96) ALTA or CLTA - Owner or Lender Order No.: 9772041 ENDORSEMENT Attached to Policy No. 27- 031 -92- 125519 Issued by Fidelity National Title Insurance Company The Company hereby insures the Insured against loss, damages, and claims including, without limitation, costs, attorneys' fees and expenses, which said Insured shall sustain as a result of the enforcement or attempted enforcement of the provisions of (1) That certain unrecorded agreement by and between the Professional Golfers' Association (PGA) and LML Development Corp. of California, predecessor in interest to KSL Land Holdings, Inc., a Delaware Corporation (KSL), and (2) That certain unrecorded agreement by and between PGA Tour, Inc. (PGA Tour) and Landmark Land Company of California, Inc., predecessor in interest to KSL, as described in Schedule One attached hereto and made a part hereof, including but not limited to any rights of first refusal, successor liability for residential sales fees due to PGA, PGA Tour and or their successors and assigns, rights of use, membership and play discounts, and /or rights in and to golf facilities constructed or to be constructed on the subject property. The total liability of the Company under said policy and any endorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This Endorsement is made a part of the policy and is subject to all schedules, conditions and stipulations therein, except as modified by the provisions hereof. Dated: June 27, 2002 Fidelity National Title INSURANCE COMPANY Countersigned Special Order No.: 9772041 SCHEDULE ONE 1. Agreement dated March 5, 1984 by and between The Professional Golfers' Association of America and LML Development Corp. of California, as modified by that certain letter agreement dated May 28, 1993 by and among Landmark Land Company of California, Inc. (successor in interest to LML Development Corp. of California), Resolution Trust Corporation, as conservator for Oak Tree Federal Savings Bank, and The PGA Professional Golfers' Association of America. 2. Agreement dated January 10, 1985 by and between PGA Tour, Inc. and Landmark Land Company of California, Inc., as modified by that certain letter agreement dated May 28, 1993 by and among Landmark Land Company of California, Inc., Resolution Trust Corporation, as conservator for Oak Tree Federal Savings Bank, and PGA Tour, Inc. Special EXII-IIBIT "B" ---------------- TRACT No. 24BOD 4 TRACTINO. 2480D -7 MD. -n /1-0 MB. im /,B -26 I C CETRINO .44 CITRUS SHEET I OF B SHEETS OT7L T RACT ND. 24880 � 1 AR. 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BtA --� JEfFEFSON - u W 5 ?-P, Order No.: 9772041 ENDORSEMENT Attached to Policy No. 2.7-031-92-125519 Issued by Fidelity National Title Insurance Company The policy is hereby amended by adding as a named insured therein the CITY OF LA QUINTA, a California municipal corporation and charter city, as to Parcels 1, 2, 7 and 17 of Parcel Map 33367, as shown by Map filed in Book 224, Pages 24 through 39 of Parcel Maps, in the Office of the County Recorder of Riverside County, California. This endorsement does not extend the coverage of the policy to any later date than Date of Policy, nor does it impose any liability on the Company for loss or damage resulting from (1) failure of such added insured to acquire an insurable estate or interest in the land, or (2) any defect, lien or encumbrance attaching by reason of the acquisition of an estate or interest in the land by such added insured. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, Oil) extend the Date of Policy, or (iv) increase the Amount of insurance. To the extent a provision of the policy or a previous endorsement is. inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, th.is endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: October 26, 2009 Fidelity National Title INSURANCE COMPANY Ce4orsdo Form 107.9 CLTA Form 107.9 (613105)