LLA 1991-157CITY OF LA QUINTA
CANNING & DEVELOPMENT DEP PMENT
78-105 CALLE ESTADO
LA QUINTA, CALIFORNIA 92253
APPLICATION FOR LOT LINE ADJUSTMENT
OFFICE USE ONLY
Zoning: LLA No.
Related Cases:
Reviewed By: CeQS 7 Date:
------------------
APPLICANT
Name: SUNRISE COMPANY
Address: 42-600 Cook Street Daytime
(Mailing) Palm Desert, California 92260 Phone: (619)568-2828
(City) (State) (Zip)
PROPERTY OWNERS
Owner °A°
Name:
SUNRISE DESERT
PARTNERS
ng„„'_
I('' `'-^ 0" '- ri'" '- i k%
Address:
4 -600 Cook Street
Palm Desert
aliforna 92260
Phone: (619)568-2828
(City)
(State)
i
(Zp)
Owner "B"
Name:
LANDMARK LAND
COMPANY
Address:
78150 Calle Tampico
T.a nninra.
Caliorna
9 iSi
Phone: (619)564-8170
(city)
(Stfate)i
(Zip)
Owner "C" Name:
Address:
(City) (State) (tip) Phone:
PROPERTY DATA
Property A: Assessor's Parcel Number: _761-4RD-D17-2
Street Address (if any):
Property B: Assessor's Parcel Number: 761-480-024-8 761-480-030-3
Street Address (if any):
Property C: Assessor's Parcel Number:
Street Address (if any):
ADJUSTMENT REQUESTED:
REASON FOR REQUEST: Adjust lot line to reflect current ownership
I/We hereby certify that: 1) I am/We are the record owner(s) of
all parcels proposed for merger by this Application; (2) I/We have
knowledge of and consent to the filing of this Application; and,
3) The information submitted in connection with this Application
is true and correct.
Owner "A":(
Name Date
Owner "B":
Name Date
Owner "C":
Name Date
Representative
Signature:
(Attach Letter(s) of Authorization)
MR/FORMLLA.001
JUNE 1989
Date
78-105 CALLE ESTADO — LA QUINTA. CALIFORNIA 92253 - (619) 564-2246
FAX (619) 564-5617
February 11, 1992
Mr. Steve Robbins, P.E.
ESCO
72-780 E1 Paseo, Suite E1
Palm Desert, CA 92260
SUBJECT: LOT LINE ADJUSTMENT 92-157
TRACT 25499-2 and TRACT 25499-3
Dear Mr. Robbins:
The Lot Line Adjustment submitted for the above Tracts is
hereby approved.
You are hereby authorized to proceed with the recording of the
Deeds for this Lot Line Adjustment. These deeds must be
notarized. In addition, all deeds must show the following
statement, "This deed reflects Lot Line Adjustment 92-157".
Please note this Lot Line Adjustment is not valid until both of
these deeds have been recorded.
After the above deeds have been recorded, please submit copies
to this Department. Failure to do so may delay issuance of any
future building permits affected by this adjustment.
If you have any questions, please contact the undersigned.
Very truly yours,
JERRY
DEVELOPMENT DIRECTOR
3r�ousdel l
Associate Planner
SS:ccs
cc: Engineering Department
Building & Safety Department
Allan Levin; Sunrise Company
Steve Walser; Landmark Land Company
Attachments
MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253
LTRGT.078/CS -1-
.I
L.WT 22 c. c.
TRACTr 6
ti.R.0O221 Ei 1-9 i
V
LOT 4
TRAC T NO. 254 99-2
M.B.220/91-97
OLD LO7 LINE lz :z
N
Iz
3
TRACT N-Q . 'r':] ;99-2? + c
a
L.JOT d
TRACT N-2. 2 5499-3
M . B . 22(3/33-39
A;
m;
Z,
ILOT A-21
V=50 •
LOT I
TRACT NO. 2S4 99-3
M.B.228/33-39
AD/US7f0 !0I I/Nf
A fM.
J_5499-3
L.QT 2
.... r:l' "i4 -3
! tiAt. 2
M . E . C.2%81/33-39
•
DELTA
RADIUS
LENGTH
3'.`i7
4) 1 Z
CI
C2
0,09'09"
3'42'09"
400.00'
400. 00'
1.06'
25.85'
C3
17.05,50"
637. 00'
190.08'
C4
10*01114"
255. 00'
44. 60'
T4 D "
78-105 CALLE ESTADO — LA QUINTA. CALIFORNIA 92253 (6191 564-2246
FAX (619) 564-5617
February 11, 1992
Mr. Steve Robbins, P.E.
ESCO
72-780 E1 Paseo, Suite E1
Palm Desert, CA 92260
SUBJECT: LOT LINE ADJUSTMENT 92-157
TRACT 25499-2 and TRACT 25499-3
Dear Mr. Robbins:
The Lot Line Adjustment submitted for the above Tracts is
hereby approved.
You are hereby authorized to proceed with the recording of the
Deeds for this Lot Line Adjustment. These deeds must be
notarized. In addition, all deeds must show the following
statement, "This deed reflects Lot Line Adjustment 92-157".
Please note this Lot Line Adjustment is not valid until both of
these deeds have been recorded.
After the above deeds have been recorded, please submit copies
to this Department. Failure to do so may delay issuance of any
future building permits affected by this adjustment.
If you have any questions, please contact the undersigned.
Very truly yours,
JERRY HE
PLANNING & DEVELOPMENT DIRECTOR
Associate Planner
SS: Cos
cc: Engineering Department
Building & Safety Department
Allan Levin; Sunrise Company
Steve Walser; Landmark Land Company
Attachments
MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253
LTRGT.078/CS -1-
L.QT 22
M.B 2'Ui'/:51—B1
LOT 4 {
TRAC T NO. 2S4 99-2
N.B.220/9/-97
010 10T 1/NE ;z ;z
r
0a rA
rN
r
O rm
r
a b im im
�2
i�
. r
CI r
A 1' R 1 $:5 A
a/9,
L-QT 4
TRACT N3Q . 25499-3 �-
M . B . 22£3/33-39
r
ILQT A-2I
[OT 1
TRACT NO. 2S4 99-3
N.B.228/33-39
ADJUSTED 10T 1/NE
L-Q'{
Tc<Ar! Nm
L.MT 2
A—
"'
2.:}499
.... y. Cl, iM. 199-3
�K71•. f• i:k. ..
':� . E? . c'29/33-39
DELTA
RADIUS
LENGTH
C 1
0609,091,
400. 00'
1 . 06'
5(�y- YZ.--/S 7
C2
3'42'09"
400. 00'
25.85'
C3
17605,501,
637.00,
190.08,
C4
10.01'14"
255. 00'
44. 60'
To
Pate:
"C-
CITY ENGINEER --- CITY tM K-ZR
--- FIRE PARWAL ---
COhMIUTY SAFETY ---
---
From : PLM�M & DEVELOPMENT
Subject: PROJECT FREVEW
Case: /t); �a
PLEASE REVIEW AND PROVIDE ANY COMMENTS YOU
MAY HAVE ON THE ATTACHED ITEM BY ")-' 7-
COMMENTS
LQT 22
TRACT NQ. 21642
M.B.2O2/51-61
I
l0T 4
TRAC T NO. 254 99-2
d.8.220/91-97 M
I
Ol0 l07 IIM[ Iz
b ;m
LQT A-4
TRACT NQ. 25499-2
a,
LQT 4
TRACT NQ. 25499-3
M.B.228/33-39
1-'=50'
lOT 1
TRACT NO. 2S4 99-3
Y.8.228/33-39
AOJUSRO W l lN[
LQT A-1
TRACT N.Q. 25499-3
b,- I LQT 2
TRACT NQ. 25499-3
A-2 M.B.228/33-39
DELTA
NAD I03
LENGTH
CI 0.09'09-
400.00
1.06'
C2 3.42'D9-
400.00'
25. 05'
C3 17. 05'50-
637. 00'
190.08'
C4 10'01'14-
235.00'
44. 60'
10T l /NE ADJUSTMENT TRACT NO::25499-2 8 25499-3
PREPARED BY: PREPARED FOR:
ENGINEERING SERVICE SUNRISE DESERT PARTNERSI
CORPORATION C/O SLWISE COMPANY
72-M EL PASEO. SUITE E-1 42.600 COOK STREET
PALM OESERT. CA 92200 PALM OESERT.CA.
f9191SSS-5997
2100.VX
CONSULTANTS IN CIVIL ENGINEERING & LAND PLANNING
CITY OF LA QUINTA
78-150 Calle Estado
P.O. Box 1504
La Quinta, California 92253
Attention: Planning Dept.
We are sending you
X herewith
under separate cover
1. Lot Line Adjustment Application
2. Check for $125.00
3. Plat showing proposed Lot Line Adjustment
4. Revised deeds
5. Preliminary Title Report
in compliance with your request
for execution and return (retain last copy)
_ for your information
X for approval
Remarks:
By: Steve Robbins, P.E.
W.-
February 3, 1992
Re: Lot Line Adjustment
fur W. 0. No. 2100-88
72-780 EL PASEO, SUITE E-1 PALM DESERT, CA 92260 [619) 568-5997 - FAX: (619) 341-3336
708 PGA WEST
DATE
1/14/92
000-04182 N 1/15/92 156418 15641T
INVOICED GROSS NET
CKREQ.8140
125.00 125.00
TOTAL 125.t
DETACH AND RETAIN THIS STATEMENT
THE ATTACHED CHECK IS IN PAYMENT OE ITEMS DESCRIBED BELOW
IF NOT CORRECT PLEASE NOTIFY S OPROMPTLY NO RECEIPT DESIRED
1 or 4
TRAC r NO. 254 99-2 ;M
M.B.220/91-97
OLD LOT LINE Iz ;z
1pp IA
I
Gj IO Im
I
C3c I
%i
a't9 t
L A.1. 4
M . f3.1 283/33-391
z;
LOT A-2
for 1
TRACT NO. 254 99-3
M.B.228/33-39
ADJUSTED LOT LINE
A- i
?-3
L.i �
• 1� tiff �ti �\ �]]F]
DELTA
RADIUS
LENGTH
CI
0.09'09"
400.00'
1.06'
C2
3'42'09-
400.00'
25.85'
C3
17.05'50"
637.00'
190.08,
C4
10.01'14"
255.00'
44.60'
L OT 1 /NE ADJUSTMENT TRAC r No : $ 254 99-2 8 254 99-3
PREPARED BY:
ENGINEERING SERVICE
CORPORATION
72-MO EL PASEO. SUITE E-1
PALM OESERT. CA 92260
t8193SM-6997
PREPARED FOR:
SUNRISE DESERT PARTNERS
C/O SUNRISE COMPANY
42.600 COOK STREET
PALM OESERT.CA.
DATE
2100-97X
P.N.
-,,s nwnvu ncuu,"i tU"T
4
AND WHEN RECORDEDL TO
r
Name ENGINEERING SERVICE CORPORATION
Street 72-780 E1 Paseo, Suite E-1
Address Palm Desert, California 92260
City &
State
L Attention: Steve Robbins J
MAIL TAX STATEMENTS TO
r �
Name
Street LANDMARK LAND COMPANY
Address 78150 Calle Tampico
City & P.O. Box 1000
State L La Quints, CA 92253 J
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CAT. NO. NNO0578 Corporation Grant Deed
TO 1921 CA (6-86) THIS FORM FURNISHED BY TICOR TITLE INSURERS
J z
J f
Q a
The undersigned grantor(s) declare(s):
Documentary transfer tax is $
( ) computed on full value of property conveyed, or
( 1 computed on full value less value of liens and encumbrances remaining at time of sale.
( 1 Unincorporated area: ( ) City of , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Landmark Land Company of California, Inc.
a corporation organized under the laws of the State of Delaware hereby GRANTS
to Sunrise Desert Parners
the following described real property in the
County of Riverside State of California:
That portion of Lot 1 of Tract Map No. 25499-3, Map Book 228, Pages 33-39, of
Riverside County Records described more fully in the attached Exhibit "A".
This deed reflects Lot Line Adjustment No. as approved by the City of
La Quinta.
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this
instrument to be executed by its President and Secretary
thereunto duly authorized.
Dated
STATE OF CALIFORNIA
COUNTY OF
�SS
On , before me, the
undersigned, a rvotaiy Public in a�,d fu, said State, persui4ly
appeared
personally known to me or proved to me on the basis of satis-
factory evidence to be the person who executed the within
instrument as the President, and
personally known to
me or proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the
Secretary of the Corporation that executed
the within instrument and acknowledged to me that such
corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
im
M.
President
Secretary
Signature
Title Order No.
Escrow or Loan No.
(This area for official notarial seal)
r� •
EXHIBIT'A'
LEGAL DESCRIPTION
THAT PORTION OF LOT 1 AS SHOWN ON MAP OF TRACT NO. 25499-3, FILED IN BOOK OF
MAPS 228, PAGES 33 TO 39 INCLUSIVE, IN SAID OFFICE OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 1, SAID POINT
BEING THE NORTHERLY TERMINUS OF THAT LINE HAVING A BEARING AND DISTANCE
OF N0046'09"W AND 157.38 FEET, SAID POINT ALSO BEING A POINT ON A CURVE,
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 255.00 FEET, A RADIAL TO
SAID POINT BEARS S25054'35"W;
THENCE ALONG THE BOUNDARY OF SAID LOT 1, AND SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 16018157', AN ARC DISTANCE OF 72.61 FEET, A
RADIAL TO SAID POINT BEARS S9035'38"W;
THENCE S16025'08"W, A DISTANCE OF 148.62 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF SAID LOT 1, SAID LAST MENTIONED SOUTHERLY LINE BEING A CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 400.00 FEET, A RADIAL TO
SAID LAST MENTIONED POINT BEARS S14°28'37"W;
THENCE ALONG THE BOUNDARY OF SAID LOT 1 AND NORTHWESTERLY TO A POINT
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3042'09", AN ARC DISTANCE OF
25.85 FEET, A RADIAL TO SAID POINT BEARS S18°10'46"W;
THENCE N0046'09"W, A DISTANCE OF 157.38 FEET TO THE POINT OF BEGINNING.
SAID PORTION OF LOT 1 CONTAINS 0.17 ACRES.
I - , -- , • — -- --, oaru acace, personally
oauretary I `
RECORDING REOUESTED ELY
i
I
AND WHEN RECORDED MAIL TO
r
ENGINEERING SERVICE CORPORATION ,
Name
72-780 El Paseo, Suite E-1
Street
Palm Desert, California 92260
Address
City&
Attention: Steve Robbins
State L
J
MAIL TAX STATEMENTS TO
Name
SUNRISE COMPANY
42-600 Cook Street, Suite 200
Street
Palm Desert, California 92260
City&
State L
Attention: Allan Levin
J
CAT. NO. NNO0586
TO 1925 CA (11-83)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
partnership Grant Deed
THIS FORM FURNISHED BY TICOR TITLE INSURERS
The undersigned grantor(s) declare(s):
Documentary transfer tax is
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( ) City of , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Sunrise Desert Partners
a limited partnership organized under the laws of the State of California
hereby GRANTS to
Sunrise Desert Partners, a California Limited Partnership
the following described real property in the City of La Quinta
County of Riverside , State of California.
Revised Lot 4 more fully described in the attached Exhibit "A"
This deed reflects Lot Line Adjustment No. as approved by the City of
La Quints.
Dated:
STATE OF CALIFORNIA
COUNTY OF _ , } SS. By
On before By
me, the undersigned, a Notary Public in and for said
State, personally appeared
personally known to me or proved to me on the basis
of satisfactory evidence to be the person_ who exe-
cuted the within instrument as
of the partners of the partnership that executed the
within instrument, and acknowledged to me that such
partnership executed the same.
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)
Title Ordcr No.— Escrow or Loan No
EXHIBIT 'A'
LEGAL DESCRIPTION
REVISED LOT 41 TRACT NO. 25499-2
LOT 4 AS SHOWN ON MAP OF TRACT NO.25499-2, FILED IN BOOK OF MAPS 220, PAGES
91 TO 97 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE
COUNTY, TOGETHER WITH THAT PORTION OF LOT 1 AS SHOWN ON MAP OF TRACT
NO.25499-3, FILED IN BOOK OF MAPS 228, PAGES 33 TO 39 INCLUSIVE, IN SAID OFFICE OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 1, SAID POINT
BEING THE NORTHERLY TERMINUS OF THAT LINE HAVING A BEARING AND DISTANCE
OF N0046'09"W AND 157.38 FEET, SAID POINT ALSO BEING A POINT ON A CURVE,
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 255.00 FEET, A RADIAL TO
SAID POINT BEARS S25054'35"W;
THENCE ALONG THE BOUNDARY OF SAID LOT 1, AND SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 16018157", AN ARC DISTANCE OF 72.61 FEET, A
RADIAL TO SAID POINT BEARS S9035138"W;
THENCE S16025'08"W, A DISTANCE OF 148.62 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF SAID LOT 1, SAID LAST MENTIONED SOUTHERLY LINE BEING A CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 400.00 FEET, A RADIAL TO
SAID LAST MENTIONED POINT BEARS S14°28'37'W;
THENCE ALONG THE BOUNDARY OF SAID LOT l AND NORTHWESTERLY TO A POINT
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3042'09", AN ARC DISTANCE OF
25.85 FEET, A RADIAL TO SAID POINT BEARS Sl8°10'46"W;
THENCE NO°46'09"W, A DISTANCE OF 157.38 FEET TO THE POINT OF BEGINNING.
SAID LOT 4 CONTAINS 3.34 ACRES.
RECORDING REQUESTED=Y
e AND WHEN RECORDEDOIL TO
r
Name
Street
Address
City &
State
ENGINEERING SERVICE CORPORATION
72-780 E1 Paseo, Suite E-1
Palm Desert, California 92260
LAttention: Steve Robbins J
MAIL TAX STATEMENTS TO
r _1
Name LANDMARK LAND COMPANY
Street 78150 Calle Tampico
Address P.O. Box 1000
State
City& LLa Quints, CA 92253
J
CAT. NO. NNO0578
TO 1921 CA (6-86)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Corporation Grant Deed
THIS FORM FURNISHED BY TICOR TITLE INSURERS
The undersigned grantor(s) declare(s):
Documentary transfer tax is $
( 1 computed on full value of property conveyed, or
( 1 computed on full value less value of liens and encumbrances remaining at time of sale.
( 1 Unincorporated area: ( ) City of , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Landmark Land Company of California, Inc.
a corporation organized under the laws of the State of Delaware hereby GRANTS
to Landmark Land Company of California, Inc.
the following described real property in the City of La Quints
County of Riverside , State of California:
Revised Lot 1 more fully described in the attached Exhibit "A".
This deed reflects Lot Line Adjustment No. as approved by the City of
La Quints.
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this
instrument to be executed by its President and Secretary
thereunto duly authorized.
Dated
STATE OF CALIFORNIA
COUNTY OF
�SS
On , before me, the
undetstgned, a .votary Fuulic of did for said State, personally
appeared
personally known to me or proved to me on the basis of satis-
factory evidence to be the person who executed the within
instrument as the President, and
personally known to
me or proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the
Secretary of the Corporation that executed
the within instrument and acknowledged to me that such
corporation executed the within instrument pursuant to its
bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
M
0
President
Secretary
Signature
Title Order No.
Escrow or Loan No.
(This area for official notarial seal)
EXHIBIT'A'
LEGAL DESCRIPTION
REVISED LOT 1, TRACT NO. 25499-3
LOT 1 AS SHOWN ON MAP OF TRACT NO. 25499-3, FILED IN BOOK OF MAPS 228, PAGES
33 TO 39 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE
COUNTY, EXCEPTING THEREFROM THAT PORTION OF LOT 1, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 1, SAID POINT
BEING THE NORTHERLY TERMINUS OF THAT LINE HAVING A BEARING AND DISTANCE
OF N0046'09"W AND 157.38 FEET, SAID POINT ALSO BEING A POINT ON A CURVE,
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 255.00 FEET, A RADIAL TO
SAID POINT BEARS S25054'35"W;
THENCE ALONG THE BOUNDARY OF SAID LOT 1, AND SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 16018157", AN ARC DISTANCE OF 72.61 FEET, A
RADIAL TO SAID POINT BEARS S9°35'38"W;
THENCE S16025'08"W, A DISTANCE OF 148.62 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF SAID LOT 1, SAID LAST MENTIONED SOUTHERLY LINE BEING A CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 400.00 FEET, A RADIAL TO
SAID LAST MENTIONED POINT BEARS S14028'37'W;
THENCE ALONG THE BOUNDARY OF SAID LOT 1 AND NORTHWESTERLY TO A POINT
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3042'09", AN ARC DISTANCE OF
25.85 FEET, A RADIAL TO SAID POINT BEARS S18°10'46"W;
THENCE N0046109"W, A DISTANCE OF 157.38 FEET TO THE POINT OF BEGINNING.
SAID LOT 1 CONTAINS 2.56 ACRES.
Issuing Office: CHICAGO
Title Company
3880 LEMON STREET, RIVERSIDE, CALIFORNIA
92501
SUNRISE DESERT PARTNERS
ATTN: ALLAN LEVIN
42-600 COOK ST., SUITE 200
PALM DESERT, CA 92260
Dated as of January 10, 1992 at 7:30 A.M.
Your Ref: LOT LINE ADJ.
Loan No:
Order No: 531493 -07
In response to the above referenced application for a policy of title insurance,
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
i.nter,attharein hereinafter set forth, insuring against lose whtnti m:+.y sustainer
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 Exhibit A attached. Copies of the Policy forme should be read. They
are available from the office which issued this report.
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:
California Land Title Association Standard
Coverage Policy
American Land Title Association Owner's Policy
A.L.T.A. Residential Title Insurance Policy
American Land Title Association Loan Policy
Other:
Title Officer U TEVE GAL" GH R
Standard
Coverage
IN
Extended
Coverage
n
PRECSFP - 11/29/M
Order No: 531493 -07
�`Cel:1:3 Dili m
1. The estate or interest in the land hereinafter described or referred
to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
SUNRISE DESERT PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, AS TO PARCEL 1 AND
7V
LANDMARK LAND COMPANY OF CALIFORNIA, A DELAWARE CORPORATION, AS TO PARCEL 2
3. The land referred to in this report is situated in the State of California,
County of RIVERSIDE and is described as follows:
PARCEL 1:
LOT 4 OF TRACT 25499-2, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, AS'PER MAP RECORDED IN BOOK 220, PAGES 91 THROUGH 97,
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
LOT 1 OF TRACT 25499-3, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 228, PAGES 33 THROUGH 39 INCLUSIVE
OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
order No: 531493 -07
mr
Page 1
l
SCHEDULE B
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:
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1991-92
SECOND INSTALLMENT:
CODE AREA:
ASSESSMENT NO.:
EXEMPTION:
B AFFECTS:
$4,933.38, UNPAID
020-025
761-480-017-2
NONE
LOT 4 OF TRACT 25499-2
C 2. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1991-92
SECOND INSTALLMENT:
CODE AREA:
ASSESSMENT NO.:
EXEMPTION:
D AFFECTS:
$265.51, UNPAID
020-025
761-480-024-8
NONE
LOT 1 OF TRACT 25499-3
E 3. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1991-92
SECOND INSTALLMENT:
CODE AREA:
ASSESSMENT NO.:
EXEMPTION:
F AFFECTS:
G
H
$446.80, UNPAID
020-025
761-480-030-3
NONE
LOT 1 OF TRACT 25499-3
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.
5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
IN FAVOR OF: THE UNITED STATES OF AMERICA
PURPOSE: WATER PIPE LINE NOT MORE THAN 27 INCHES INSIDE
DIAMETER
RECORDED: JANUARY 19, 1950 AS INSTRUMENT NO. 2277, OFFICIAL
RECORDS
AFFECTS: LOT 4 OF TRACT 25499-2
Order No: 531493 -07
Page 2
11
SCHEDULE B
(continued)
6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
IN FAVOR OF: IMPERIAL IRRIGATION DISTRICT
PURPOSE: POWER LINE
RECORDED: FEBRUARY 13, 1953 AS INSTRUMENT NO. 6915, OFFICIAL
RECORDS
AFFECTS: LOT 4 OF TRACT 25499-2
1 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
IN FAVOR OF: IMPERIAL IRRIGATION DISTRICT
PURPOSE: POWER LINE
RECORDED: FEBRUARY 25, 1953 AS INSTRUMENT NO. 8712, OFFICIAL
RECORDS
AFFECTS: LOT 4 OF TRACT 25499-2
K 8. THE MATTERS SET FORTH IN THE DOCUMENT SHOWN BELOW WHICH, AMONG OTHER
THINGS, CONTAINS OR PROVIDES FOR: CERTAIN EASEMENTS; LIENS AND THE
SUBORDINATION THEREOF; PROVISIONS RELATING TO PARTITION; RESTRICTIONS ON
SEVERABILITY OF COMPONENT PARTS; AND COVENANTS, CONDITIONS, AND
RECORDED: JANUARY 22, 1986 AS INSTRUMENT NO. 15569, OFFICIAL
RECORDS
L AMONG OTHER THINGS, SAID DOCUMENT PROVIDES AN EASEMENT FOR PIPELINES,
CONDUITS, UTILITIES, CABLE TELEVISION SYSTEMS, SECURITY SYSTEMS, SEWERS
DRAINAGE AND INCIDENTAL PURPOSES. AFFECTS INFRASTRUCTURE, DEFINED AS
EXTERIOR WALL, THE EXTERIOR WALL LANDSCAPING AREA, THE EXTERIOR WALL
LANDSCAPING, THE MAIN ACCESS WAY, THE RESIDENTIAL ENTRIES, AND THE MAIN
ENTRANCE.
M SAID INSTRUMENT ALSO PROVIDES FOR THE LEVY OF ASSESSMENTS, THE LIEN OF
WHICH ARE STATED TO BE SUBORDINATE TO THE LIEN OF CERTAIN MORTGAGES OR
DEEDS OF TRUST MADE IN GOOD FAITH AND FOR VALUE.
N MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS
RECORDED: JANUARY 30, 1986 AS INSTRUMENT NO. 22072, OFFICIAL
RECORDS
Order No: 531493 -07 to
Page 3
1
SCHEDULE B
(continued)
0 ATTACHED TO SAID DECLARATION AND MODIFICATION ARE RIDERS EXECUTED BY
DIXIE SAVINGS AND LOAN ASSOCIATION AND BY SUNRISE LA QUINTA, COMPANY, A
CALIFORNIA LIMITED PARTNERSHIP, AGREEING TO BE SUBJECT TO THE COVENANTS,
CONDITIONS AND RESTRICTIONS AND EASEMENTS, RESERVATIONS AND LIENS AS SET
FORTH IN SAID DECLARATION.
P THE PROVISIONS OF SAID COVENANTS, CONDITIONS, AND RESTRICTIONS WERE
EXTENDED TO INCLUDE THE HEREIN DESCRIBED LAND BY AN INSTRUMENT
RECORDED: DECEMBER 19, 1990 AS INSTRUMENT NO. 458029,
OFFICIAL RECORDS
0 SAID MATTER AFFECTS: LOT 4 OF TRACT 25499-2
R THE PROVISIONS OF SAID COVENANTS, CONDITIONS, AND RESTRICTIONS WERE
EXTENDED TO INCLUDE THE HEREIN DESCRIBED LAND BY AN INSTRUMENT
RECORDED: FEBRUARY 19, 1991 AS INSTRUMENT NO. 54298, OFFICIAL
RECORDS
S SAID MATTER AFFECTS: LOT 1 OF TRACT 25499-3
T 9. THE MATTERS SET FORTH IN THE DOCUMENT SHOWN BELOW WHICH, AMONG OTHER
THINGS, CONTAINS OR PROVIDES FOR: CERTAIN EASEMENTS; LIENS AND THE
SUBORDINATION THEREOF; PROVISIONS RELATING TO PARTITION; RESTRICTIONS ON
SEVERABILITY OF COMPONENT PARTS; AND COVENANTS, CONDITIONS, AND
RESTRICTIONS.
RECORDED: AUGUST 3, 1990 AS INSTRUMENT NO. 288874, OFFICIAL
RECORDS
U AMONG OTHER THINGS, SAID DOCUMENT PROVIDES AN EASEMENT FOR INGRESS,
EGRESS, PARKING, DISPLAY AND EXHIBIT PURPOSES AND FOR THOSE EASEMENTS SET
FORTH IN MASTER DECLARATION.
V SAID INSTRUMENT ALSO PROVIDES FOR THE LEVY OF ASSESSMENTS, THE LIEN OF
WHICH ARE STATED TO BE SUBORDINATE TO THE LIEN OF CERTAIN MORTGAGES OR
DEEDS OF TRUST MADE IN GOOD FAITH AND FOR VALUE.
Y THE PROVISIONS OF SAID COVENANTS, CONDITIONS, AND RESTRICTIONS WERE
EXTENDED TO INCLUDE THE HEREIN DESCRIBED LAND BY AN INSTRUMENT
RECORDED: NOVEMBER 26, 1990 AS INSTRUMENT NO. 428629,
OFFICIAL RECORDS
Order No: 531493 -07
Page 4
Ll
x
Y
2
SCHEDULE B
(continued)
SAID MATTER AFFECTS: LOT 4 OF TRACT 25499-2
THE PROVISIONS OF SAID COVENANTS, CONDITIONS, AND RESTRICTIONS WERE
EXTENDED TO INCLUDE THE HEREIN DESCRIBED LAND BY AN INSTRUMENT
RECORDED: FEBRUARY 19, 1991 AS INSTRUMENT NO. 54300, OFFICIAL
RECORDS
SAID MATTER AFFECTS: LOT 1 OF TRACT 25499-3
AA 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
IN FAVOR OF: LANDMARK LAND COMPANY OF CALIFORNIA, INC., A
DELAWARE CORPORATION
PURPOSE: PUBLIC UTILITIES, INGRESS, EGRESS, DRAINAGE AND
IRRIGATION PURPOSES AND UNDERGROUND GOLF LINES
RECORDED: JUNE 28, 1990 AS INSTRUMENT NO. 240358, OFFICIAL
RECORDS
AFFECTS: AS FOLLOWS:
AB THOSE PORTIONS OF SAID LAND UPON WHICH STREETS, ROADS OR OTHER WAYS, AND
UTILITIES AND OTHER LINES AND/OR SYSTEMS, ARE OR SHALL BE LOCATED
PURSUANT TO SITE IMPROVEMENT AND OTHER PLANS APPROVED BY THE CITY OF LA
QUINTA, CALIFORNIA, EXCEPT WITH RESPECT TO UNDERGROUND GOLF LINES (AS
HEREINAFTER DEFINED), WHICH MAY BE LOCATED UPON ANY PORTION OF SAID LAND
PROVIDED, HOWEVER, IN NO EVENT SHALL UNDERGROUND GOLF LINES BE PLACED OR
LOCATED UNDER HOUSE PADS, SWIMMING POOLS AND/OR OTHER STRUCTURAL
IMPROVEMENTS LOCATED UPON SAID LAND. AS USED HEREIN, "UNDERGROUND GOLF
LINES" SHALL MEAN UNDERGROUND WATER, ELECTRICAL, DRAINAGE, AND
COMMUNICATION LINES AND/OR SYSTEMS WHICH ARE NOW OR HEREAFTER PLACED OR
INSTALLED ON THE PROPERTY AND WHICH ARE INTENDED TO BE UTILIZED FOR GOLF
RELATED PURPOSES
AJ AFFECTS: LOT 4 OF TRACT 25499-2
AD 11. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND
ANY OTHER OBLIGATIONS SECURED THEREBY;
AMOUNT: $6,789,911.10
DATED: JUNE 28, 1990
TRUSTOR: SUNRISE DESERT PARTNERS, A CALIFORNIA LIMITED
Order No: 531493 -07
Page 5
SCHEDULE B
(continued)
PARTNERSHIP
TRUSTEE: ORANGE COAST TITLE COMPANY, A CALIFORNIA
CORPORATION
BENEFICIARY: LANDMARK LAND COMPANY OF CALIFORNIA, INC., A
DELAWARE CORPORATION
RECORDED: JUNE 28, 1990 AS INSTRUMENT NO. 240359, OFFICIAL
RECORDS
AK AFFECTS: LOT 4 OF TRACT 25499-2 WITH OTHER PROPERTY
AF AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH
NAMES.
AS ASSIGNEE: OAK TREE SAVINGS BANK, S.S.B., A LOUISIANA
STATE -CHARTERED SAVING AND LOAN ASSOCIATION
RECORDED: JULY 3, 1990 AS INSTRUMENT NO. 246836, OFFICIAL
RECORDS
AG AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF SAID DEED OF TRUST AS
THEREIN PROVIDED
EXECUTED BY: SUNRISE DESERT PARTNERS, A CALIFORNIA LIMITED
PARTNERSHIP, ORANGE COAST TITLE COMPANY OF
RIVERSIDE COUNTY, A CORPORATION AND OAK TREE
SAVINGS BANK, S.S.B., A LOUISIANA STATE CHARTERED
SAVINGS BANK
RECORDED: DECEMBER 28, 1990 AS INSTRUMENT NO. 468817,
OFFICIAL RECORDS
AN 12. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
IN FAVOR OF: SOUTHERN CALIFORNIA GAS COMPANY, A CORPORATION
PURPOSE: PIPE LINES
RECORDED: JULY 20, 1990 AS INSTRUMENT NO. 268780, OFFICIAL
RECORDS
AFFECTS: COMMON AREAS (EXCLUSIVE OF BUILDING SITES)
AL SAID MATTER AFFECTS: LOT 4 OF TRACT 25499-2
Al 13. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
IN FAVOR OF: GTE CALIFORNIA INCORPORATED, A CORPORATION
Order No: 531493 -07
Page 6
SCHEDULE B
(continued)
PURPOSE: UNDERGROUND CONDUITS, MANHOLES, PEDESTALS, CABLES,
WIRES AND APPURTENANCES
RECORDED: SEPTEMBER 11, 1990 AS INSTRUMENT NO. 336348,
OFFICIAL RECORDS
AFFECTS: COMMON AREAS (EXCLUSIVE OF BUILDING SITES)
AN SAID MATTER AFFECTS: LOT 4 OF TRACT 25499-2
AN 14. AN BASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
IN FAVOR OF: LANDMARK LAND COMPANY OF CALIFORNIA, INC., A
DELAWARE CORPORATION
PURPOSE: PUBLIC UTILITIES, INGRESS, EGRESS, DRAINAGE AND
IRRIGATION PURPOSES, AND UNDERGROUND GOLF LINES
RECORDED: DECEMBER 28, 1990 AS INSTRUMENT NO. 468819,
OFFICIAL RECORDS
AFFECTS: DESCRIBED AS FOLLOWS:
AO THOSE PORTIONS OF SAID LAND UPON WHICH STREETS, ROADS OR OTHER WAYS, AND
UTILITIES AND OTHER LINES AND/OR SYSTEMS, ARE OR SHALL BE LOCATED
PURSUANT TO SITE IMPROVEMENT AND OTHER PLANS APPROVED BY THE CITY OF LA
QUINTA, CALIFORNIA, EXCEPT WITH RESPECT TO UNDERGROUND GOLF LINES (AS
HEREINAFTER DEFINED), WHICH MAY BE LOCATED UPON ANY PORTION OF SAID LAND
PROVIDED, HOWEVER, IN NO EVENT SHALL UNDERGROUND GOLF LINES BE PLACED OR
LOCATED UNDER HOUSE PADS, SWIMMING POOLS AND/OR OTHER STRUCTURAL
IMPROVEMENTS LOCATED UPON SAID LAND. AS USED HEREIN, "UNDERGROUND GOLF
LINES" SHALL MEAN UNDERGROUND WATER, ELECTRICAL, DRAINAGE, AND
COMMUNICATION LINES AND/OR SYSTEMS WHICH ARE NOW OR HEREAFTER PLACED OR
INSTALLED ON THE PROPERTY AND WHICH ARE INTENDED TO BE UTILIZED FOR GOLF
RELATED PURPOSES.
AD SAID MATTER AFFECTS: LOT 1 OF TRACT 25499-3
AQ 15. THE EFFECT OF AN AMENDED CONDOMINIUM PLAN RECORDED JANUARY 22, 1991 AS
INSTRUMENT NO. 23446, OFFICIAL RECORDS (UNITS B-590 THROUGH B-604,
INCLUSIVE).
AR SAID MATTER AFFECTS: LOT 1 OF TRACT 25499-3
AS 16. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
IN FAVOR OF: SOUTHERN CALIFORNIA GAS COMPANY, A
order No: 531493 -07
Page 7
SCHEDULE B
(continued)
PURPOSE: PUBLIC UTILITIES
RECORDED: FEBRUARY 6, 1991 AS INSTRUMENT NO. 42716, OFFICIAL
RECORDS
AFFECTS: COMMON AREAS (EXCLUSIVE OF BUILDING SITES)
AT SAID MATTER AFFECTS: LOT 1 OF TRACT 25499-3
AU SAID EASEMENT PROVIDES THAT NO BUILDINGS OR STRUCTURES SHALL BE ERECTED
ON SAID EASEMENT.
AV 17. THE EFFECT OF A CONDOMINIUM PLAN RECORDED OCTOBER 15, 1990 AS INSTRUMENT
NO. 378019 (UNITS H-111 THROUGH H-122) AND AMENDED BY DOCUMENT RECORDED
JUEN 12, 1991 AS INSTRUMENT NO. 197322, BOTH OF OFFICIAL RECORDS.
AW SAID MATTER AFFECTS: LOT 4 TRACT 25499-2
END OF SCHEDULE B
AY NOTE NO. 1: WIRING INSTRUCTIONS:
IF YOU WANT TO WIRE TRANSFER FUNDS TO CHICAGO TITLE COMPANY, PLEASE USE
THE FOLLOWING FORMAT:
CHICAGO TITLE COMPANY
RIVERSIDE COUNTY SUB -ESCROW ACCOUNT
RECEIVING BANK SECURITY PACIFIC NATIONAL BANK
BANK LOCATION UNIVERSITY BRANCH, RIVERSIDE, CA.
BANK ABA NUMBER 122000043
PARTY TO CREDIT CHICAGO TITLE, RIVERSIDE COUNTY
PARTY TO ACCOUNT NUMBER 327-082758
PARTY REFERENCE TITLE ORDER NO. _ AND
TITLE OFFICER
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:
Order No: 531493 -00
Page 8
SCHEDULE B
(continued)
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.
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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, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Defect 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
(a) 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 inability or failure of the insured at Date of Policy, or the inability or failure of
any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth -in -lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by 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.
Reorder Form No. 12599
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 policy power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
• land use • land division
• improvements on the land • environmental protection
This exclusion does not apply to 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 specifically described and referred to in item 3 of Schedule A, or
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
•
•
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (4-6.90)
WITH ALTA ENDORSEMENT - FORM 1COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4-6-90)
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, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred priorto Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims orother 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
(a) 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.
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.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws.
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 ma'.ing
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.
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