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LLA 2003-404. City of Lauinta Community Development Department °EMOF�� 78-495 Calle Tampico La Quinta, California 92253 (760) 777-7125 FAX D 777-1233 J U AUG 11 2993 crn of APPLICATION FOR LOI OFFICE USE ONLY Case No. Cl4 D3�-b(O� Date Recvd. I' oA Fee:$�� Related Apps: Logged in by:kt" APPROVAL LOT LINE ADJUSTMENT applications are reviewed and approved by the Community Development Director pursuant to Chapter 13.32 of the Subdivision Regulations. The purpose of the review is to allow reconfiguration of two or more adjoining lots into sizes or shapes appropriate for desired uses and in compliance with Municipal Code requirements. .•..•..o .•..•..•..•..•. *..•..•..•..•..•. o..•..•..•..•..•..•. o..•..•..•..•..•..•. o..•..•..•..•..•..•..•..•..•..•..•..•..•..•. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPLICANT -7_tiC_ (Print) / -#- /30 -- MAILING ADDRESS A-) / ?3'/ Phone No.740 77 7 7�� �— CITY, STATE, ZIP _�jt% !U c,�q 9 a a o i Fax No.76D 7 7 7 PROPERTY OWNERS *Owner "A" Name: Cp Address: Phone: (City) *Owner "B" Name: Sf! Nf L- (City) *Owner "C" Name: 5st-a7 C Address: (City) *Attach sheet for additional owners Property B: Property C: (State) (Zip) (State) (Zip) (State) (Zip) Assessor's Parcel Number: Street Address (if any): 9C Assessor's Parcel Number: Street Address (if any): 'D Assessor's Parcel Number: Street Address (if any): F Phone: Phone: �V DESCRIPTION OF ADJUSTMENT REQUESTED: C,o% L /., c -s A16:LLA 1-7/16/97 Appvd 2/2000 cdi REASON FOR REQUEST:. _APPLICABILITY The following criteria must be met to approve a lot line adjustment: Ia. The adjustment shall not create a greater number of parcels than originally existed. WL The resulting parcels shall conform with City Zoning and Building Codes. The adjustment shall not cause existing uses or improvements of the property to be out of compliance with any provision of the City Codes. MINIMUM SUBMISSION RRQ I FM NT ❑ Existing grant deeds or title reports for all affected parcels. ❑ An acceptable legal description of each existing parcel and a metes and bounds description of each new parcel proposed. ❑ Closing calculations for each new parcel proposed. ❑ Original, unrecorded Grant Deeds for each new parcel with the following: ❑ State on the Grant Deed when all affected parcels are under one ownership. GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged Owner A hereby GRANTS to Owner A the real property in the City of La Quinta County of Riverside State of California, described as (Property Description) See Exhibits A and B attached hereto and by reference made a part hereof. NOTE: This grant deed implements the revised lot configurations pursuant to Line Line Adjustment = as approved by the City of La Quinta. All property subject to this lot line adjustment is owned by a single entity, hence ownership conveyance is a nonessential secondary function of this deed. The primary function of the deed is to provide constructive notice of the revised lot configurations pursuant to Government Code Section 66412 (d), and to perfect the intent of the Lot Line Adjustment _ _ as approved. ❑ State on Grant Deed when affected parcels are under multiple ownership: GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Owner A hereby GRANTS to Owner B the real property in the City of County of Riverside La Quinta State of California, described as (Property Description) that portion of land in Lot A which is overlaid by the reconfigured shape of Lot B pursuant to LLA =_ approved by the City of La Quinta. The reconfigured lots are described in Exhibits A and B attached hereto and made a part hereof. NOTE: This grant deed perfects the intent of Lot Line Adjustment = _ as approved by the City of La Quinta. A16:LLA 1-7/16/97 Appvd 2/2000 edi GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Owner B hereby GRANTS to Owner A the real property in the City of La Quints County of Riverside State of California, described as (Property Description) that portion of land in Lot B which is overlaid by the reconfigured shape of Lot A pursuant to LLA —approved by the City of La Quinta. The reconfigured lots are described in Exhibits A and B attached hereto and made a part hereof. NOTE: This grant deed perfects the intent of Lot Line Adjustment as approved by the City of La Quinta. ❑ Attached to the Grant Deeds shall be Exhibits A and B, a metes and bounds legal description of the new parcels and a plat (8'/z" x 1 I") of the new parcels, respectively (see attached sample Exhibits A and B). ❑ If structures or other improvements exist on the affected parcel(s), provide separate plot plan showing dimensioned location in relation to new property lines. ❑ Filing fee for Lot Line Adjustment. If filing multiple applications, the most expensive application will be charged full fee, with remaining related applications discounted 50% for each. If the number of lots adjusted exceeds two, then a Public Works Department plan check fee of $50.00 per lot (over two lots) shall be paid in addition to Lot Line Adjustment fee. 4. ri -ii-i4 iJ .O .i4 + J :' i� SIGNATURE OF APPLI NAME OF APPLICANT (Print) SIGNATURE OF PROPERTY OWNER "A" IF NOT SAME AS APPLICANT: NAME OF OWNER (Print) SIGNATURE OF PROPERTY OWNER `B" IF NOT SAME AS APPLICANT: NAME OF OWNER (Print) SIGNATURE OF PROPERTY OWNER "C" IF NOT SAME AS APPLICANT: NAME OF OWNER (Print) DATE _ DATE DATE DATE _ DATE (Separate written authority by owner to submit application may be provided) I hereby certify that all information contained in this application, including all plans and materials required by the City application submission requirements, is, to the best of my knowledge, true and correct. FALSE OR MISLEADING INFORMATION GIVEN IN THIS APPLICATION SHALL BE GROUNDS FOR DENYING APPLICATION. I hereby grant the City authority to enter onto the property to conduct site inspections and to post required public notices. A16:LLA 1-7/16/97 Appvd 2/2000 cdi RECOADINO MEGUESTEC BY Ids DIY MF ILn am AA Intel ETetnut IsI lam tMe Tell ui.,[$ MW r as" A.. CIM a SIAu , MAIL TAX STATEMENTS TO MW r ae.er Ader. 010 a a.I. L J tmE ante AS EIC9111 Of I SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX isf p computed on full value of property conveyed, or computed on full value less value of liens or encumbrances remaining at time of sale. Q unincorporated area ❑ city of AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANT(s) to the following described real property in the County of , State of California: STATE OF CALIFORNIA t SS. COUNTY Of )) On this day of in the year before me. the undersigned. a Notary Public in and for said Stale. personally appeared personally known to me proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowl. edged Ip me that he (she or they) eaeculed It. .—r— . en. v sun attar RaM m. la emelAl neu.itl .we �L EXHIBIT "A" LOT LINE ADJUSTMENT NO.99 _ LOT 17 THAT TRACT CLLUSIVE OF MAPS, RECOORDSN2 OF RIVERSIDE COUNTY, 9136, AS FILED IN OCALBFORNIA,G ES 4 THROUGH 116NDESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 17; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT, SOUTH 89"13'08" WEST, 188.69 FEET; THENCE SOUTH 0046'52' EAST, 4.32 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1160.00 FEET, THE INITIAL RADIAL LINE BEARS NORTH 4'09'51- EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°41'05', AN ARC LENGTH OF 216.32 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 840.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 6031'13" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4016150", AN ARC LENGTH OF 63.25 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 2012'23" EAST; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 0046'62" WEST, 159.62 FEET TO A POINTHE 39780LFEET;EOF SAID LOT; THENCE THENCE NORTH 89°13'08LONG SAID NOREAST. 11125 FEETLINE,LY TO THE NORTHEAST CORNER OF SAID LOT, SAID POINT ALSO BEING THE BEGINNING OF A NON - TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 563.00 FEET, THE INITIAL RADIAL LINE BEARS NORTH 75013'23" WEST, THENCE ALONG THE EASTERLY LINE OF SAID LOT AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15"33'29", AN ARC LENGTH OF 152.68 FEET; THENCE SOUTH 0"46'52" EAST, 125.25 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED LOT 17 CONTAINS 2.464 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. LOT 20 THAT BOOK THROUGHTIOF 6N OINCLOUSIVE OF MAPS17 AND 20 OFT RECORDSRACT NO. p136, AS FILED OF RIVERSIDE COUNTY, 285, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER .OF SAID LOT 20; THENCE LONG THE NORTHERLY LINE OF SAID LOTS 20 AND 17, NORTH 70041'29' EAST, 190.78 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 0.46'52" EAST, 159.62 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 17, SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 840.00 FEET, THE INITIAL RADIAL LINE BEARS SOUTH 2012'23" EAST; THENCE ALONG THE SOUTHERLY LINE OF SAID LOTS 17 AND 20, AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1025'31', AN ARC LENGTH OF 20.89 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 0°46'S2" WEST; THENCE NORTH 0046'52" WEST, 10.00 FEET TO THE BEGINNING OF A NOWTANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 840.00 FEET, THE INITIAL RADIAL LINE BEARS NORTH 004612' WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4.18'50", AN ARC LENGTH OF 63.25 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1160.00 FEET, A RADIAL LINE THROUGH SAID -POINT BEARS NORTH 6031'13" WEST; THENCE WESTERLY LONG SAID CURVE THROUGH A CENTRAL PAGE 1 OF 2 G.1517110 LEGALsYl99-v"Am 1 orAw ANGLE OF 3045'47°, AN ARC LENGTH OF 76A9 FEET TO THE SOUTHWEST CORNER OF SAID LOT 20, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 2045'26' WEST; THENCE ALONG THE WESTERLY LINE OF SAID LOT 20, NORTH 0°4652" WEST, 96.59 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED LOT 20 CONTAINS 0.517 ACRES, MORE OR LESS. AS SHOWN ON EXHISIT'B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: hy�O�PL J. SG 8� CL t" 2 L.S. SSE ujp 12-31-99 CHRIS J. BERGH, P.L.S. 6588 DATE EXP. 12/31/99 PAGE 2 OF 2 GA513,1 w.EcuSUae-MMd= 1 Or am �,yOerCC oDT SiOt fl qpf� EXHIBIT 99 B 99 FYI SHEEP 1 OF 1 LOT LINE ADJUSTMENT NO. 99- LOTS 17 AND 20, TRACT NO. 29136 SHEETS r�3 i=� >> 1 30 SCALE 1" -100' 2�1 r �) �\\ C _r \ C' r� 1 TlAC J J\10, 7 136) OCURVE TABLE 1\�l.�' ,`��J�rJ1� N?S�1J'23" NO DELTA RADIUS ARC LGT TAN (RAD' ,� 1 5'44'21" 640.00' 84.14' 42.11' - N 89'13'08"\\E 2 4'18'50- 840.00' 63.25' 31.64' 24 111.25' L-_ CtJ 3 1'25'31' B40.00' 20.89' 10.45' 60 4 T45'4T I160.00' 76.19' 38.11' a vNi 1 SB 101'\ 49 5 4�B 63 jg1 80 n 17 - �I ry ul 3 0 1.i I °e�- ��31`e.ij N_I� �� 2.464 AC. v�lc NI3 20 / i I� / oI� N O'46'52" W �w ,."'� r^I 'coo NI /1 `rtJ 4.32' P.0.8, z� 0.517 AC. �./ t9 z� 6� /� �LOT 17� Q] $ �J b/ zg1 t' / //` p=10' 41' OS" -1 N 89'13'OB" E 188.69'\ I z/ R=1150.00' L=215.32' r Lz 4 2 / 2 r r 1 (RAD) 10.00 3 ' AIRPORT BOULEVARD Np� LAND LEGEND PREPARED UNDER THE SUPERVISION OF: yy�o y 9 �� _ _ - _ _ _ _ - EXISTING LOT LINE TO BE ADJUSTEI EXISTING LOT LINE TO REMAIN NEW LOT LINE Vs. * * fj' OLD LOT NO. [Q. a-3131-99 B NEW PARCEL NO. \ CHRIS J. BERGH, L.S. 65BB DATE OF EXP. 12/31/99 CALF aOS C0N8OLr/ae TMm OM.iYY. R MDSYCM. • COFKN 4�) RII,LTf "°" °,""' LOT LINE ADJUSTMENT NO. 99- 4YM1 MY� /•�TTV L1 CITY Or T � j��,�e�1A 1A Q � I A PLANR o ENOME tlNO SURVEMO t\51310\WPiHG\I199-= 10-75' 4 W y OF THE Engineering Plan Check Application and Fee Lot Line Adjustment Project: 7—/c%� ✓i� L. 1 S T T/fEQ El9u�fl j/Date: ✓ O 3 Development Identification Number: *MapfPlans Submitted for Checking i survgyor'c Checking Fee $50 x Lots — CITY ACCOUNT INFORMATION Total Fee: $ _ 101 000-443-318 APPLICANT INFORMATION PERSON WNO IS RESPONSIBLE MR PI CHECK ADRIINISIRA7IVE DUTIES: ENGINEERING nR ERSON RESPONSIBLE FOR PREPARING PLANS/MAPS: Hu¢ NANE OF MN u�OF FRN DDRFu MDIiF1l QfY SF/.TE ID CT' STATE iY T .ONE F" l FA% CT' STAFF DATE 78.495 Calle Tampico • P.O. Box 1504 • La Quinta, CA 92253 • (619) 777-7075 • (fax) 777-71 GIPWDEPI\DOCSFO m®s�m Ll 13 0 mz SKI 0 > I 81 r P.O. Box 1504 78-495 CALLF TAMPICO LA QUINTA, CALIFORNIA 92253 October 16, 2003 Mr. Lance Alacano Sedona Homes, Inc. 49-950 Jefferson Street, #130-134 Indio, CA 92201 SUBJECT: LOT LINE ADJUSTMENT 2002-404 (The Hideaway) Dear Mr. Alacano: (760) 777-7000 FAX (760) 777-7101 The Community Development Department and Public Works Department have reviewed the above referenced application and provide this letter to advise you that it has been approved. Enclosed are approved Exhibits A and B, and the corresponding grant deed with an approved copy. As the applicant, it is your responsibility to record the above mentioned documents with Riverside County. The City cannot file them for recordation on your behalf as we have no ownership interest. The Riverside County recorder's office can be reached at (909) 486-7000 for further information on fees, etc. This letter shall be presented to the County Recorder as verification that the City has approved the adjustment, and requests it's recordation. There are utility agencies which may have easements affected by this approval. The City has approved this adjustment based on zoning compliance and correctness of the property descriptions. Any potential conflicts with recorded utility easements should be investigated prior to any construction. By execution of this approval, the applicant agrees to indemnify, defend and hold harmless the City of La Quinta from any legal claim or litigation arising out of the City's approval of these Lot Line Adjustments. 3 Should you have any questions, please contact me at your earliest convenience at (760) 777-7068. Sincerely, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR MARTIN MAGANA Associate Planner Encl. c: Chron Sou;;,Ia;id Title Corporation RECORDING REQUESTED BY: Sedans Homes, Inc. 49.950 Jefferson St., # 130.134 Indio, CA 92201 AND WHEN RECORDED MAIL T0: Sedan Homes, Inc. 49.950 Jefferson St„ z 130.134 Dt U Z003-806373 itei2sea ee:GOA Fee:4b.ee Page t of 7 Reaerded An Official Records County of Riverside Gary L, Oroe esseaasr, Ccunty Clark & Recorder 1111111111111111111111111111111111111111111111111111111 Indio, CA 82201 ' IA q iI wry f0uo ecru"o u;,w -�TPa n� -f i15 (yRQNT ['OFF❑ PrFAJ-7J.2-'i'"a • o/t- THE UNDERSIGNED GRANTORIS) DECLARE(Sll DOCUMENTARY TRANSFER TAX $ 2:) ❑ Computed on the consideration or value of property conveyed, OR ❑ Computed on the consideration or value lase liens or encumbrances remaining at time of sale. FOR VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Sedona Homes, Inc., as property owner, SUTNIANOTrill HAS RECOADD 141E IMSi NIN R MNIIBf N M ACCOMMODATION ONO AND HAS Not DUNK Ei IN hereby GRANTS to REOLUM AND IUttICIENn OR At to n gIRI THE TRIE TO ANY RIAL PROPOM TNATMAAR SE DU T4wjK Sedona Homes, Inc., as property owner, the reel property In the City of La Quinta, County of Riverside, State of Callfornis, described as: SEE EXHIBITS "A" and "S" ATTACHED HERETO AND REFERENCED MADE A PART HEREOF, NOTE. THIS GRANT DEED IMPLEMENTS THE REVISED LOT CONFIGURATIONS PURSUANT TD LOT LINE ADJUSTMENT NO. 2003.404, AS APPROVED BY THE CITY OF LA QUINTA. ALL PROPERTY SUAJECT TO THIS LOT LINE ADJUSTMENT IS OWNED BY A SINGLE ENTITY, HENCE OWNERSHIP CONVEYANCE IS A NONESSENTIAL SECONDARY FUNCTION OF THIS DEED. THE PRIMARY FUNCTION OF THE DEED IS- TO PROVIDE CONSTRUCTIVE NOTICE OF THE REVISED LOT LINE ADJUSTMENT CONFIGURATIONS PURSUANT TO GOVERNMENT CODE SECTION 66472(d), AND TO PERFECT THE INTENT OF LOT LINE ADJUSTMENT NO, 2003-404 AS APPROVED BY THE CITY OF LA QUINTA. DATED: 6 CT 3 , 2003 STATE OF CALIFORNIA I COUNTY 0 On this day of �� 7i p✓ , 2003, before me, c.7r the undersigned, a Not r Public in and for said State, personally appeared, personally known to me to be the person whose name Is subscribed to the within instrument and acknowledged to me that he executed the same In his authorized capacity and that by his elgnatum on the Instrument, the person, or the entity, upon behalf of which the person acted upon, executed the Instrument, WITNESS my hand and official seal. ,-esdone Homes, Property Owner APPROVED BY THE CITY OF LA QUINTA COMMNITY DEVELOPMENT DEPARTMENT By: let Title: i61ir Date: /0 -/b Case No.: it AA Bdr! - 40 4 _ official notarial seal) 7u•.a - Wd £b: TT bf36Z—ZT-1DnU ILLEGIBLE NOTARY SEAL DECLARATION GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT WHICH THIS STATEMENT IS ATTACHED, READS AS FOLLOWS: NAME OF NOTARY: COMMISSION NUMBER: COUNTY WHERE BOND IS FILED; Q STATE WHERE BOND IS FILED; e, DATE COMMISSION EXPIRES; 9 3 n 7 PLACE OF EXECUTION OF THIS DECLARATION: San Bernardino DATE: /1-/3-0!5 SOUTHLAND TITLE TRICIA REVETTA TITLE ASSISTANT cP.. Wd bb=TT b06Z-ZT-Dnl l u OWNERS EXISTING LOT #/ AP # NEW PA _ NO SEDONA HOMES, INC. 114 / 772-470-014 PARCEL "A" SEDONA HOMES, INC. 115 / 772-470-015 PARCEL "B" SEDONA HONES, INC. 116 / 772-470-016 PARCEL "C" EXHIBIT "A" LOT LINE ADJUSTMENT NO, 2003.404 PARCEL"A" (ADJUSTED LOT 114) IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LOT 114 AND A PORTION OF LOT 115 OF TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 114, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 640.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 00.4 PI 4'8; THENCE EASTERLY ALONG SAID CURVE 72.21 FEET THROUGH A CENTRAL ANGLE OF 6°27'53"; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, S 5° 1910011E, 150.10 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 115, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 490,00 FEET, A RADIAL LINE TO SAID POINT BEARS N 7042'50"E; THENCE WESTERLY ALONG SAID CURVE 56.00 FEET THROUGH A CENTRAL ANGLE OF 6032'53" TO THE SOUTHWEST CORNER OF SAID LOT 114; THENCE ALONG THE WESTERLY LINE OF SAID LOT 114 N 00°52'29" W, 150.07 FEET TO THE POINT OF BEGINNING, TOTAL AREA OF ADJUSTED LOT = 9,616 S.F. (0.22 AC., MORE OR LESS) SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. I5113 �T u 6cfo'� Page I of 4 46'd Wd bb:TT voez-ZS-Dni PARCEL'B" (ADJUSTED LOT 115) IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF LOT I15 AND A PORTION OF LOT 116 OF TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 14°45'57'1; THENCE S 10021'31" W; 151.15 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 116, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 95,00 FEET, A RADIAL LINE TO SAID POINT BEARS N 21°47'20"E; THENCE WESTERLY ALONG SAID SOUTHERLYL LINE 15.37 FEET THROUGH A CENTRAL ANGLE OF 09016'02" TO A POINT OF COMPOUND CURVATURE HAVING A RADIUS OF 490.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 12°31' 18"E; THENCE WESTERLY ALONG SAID CURVE 41.12 FEET THROUGH A CENTRAL ANGLE OF 04°48'28"; THENCE N 05-19'00"E, 150.10 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE OF SAID TRACT NO. 29894-2, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 640.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 07009'07"E; THENCE EASTERLY ALONG SAID CURVE 59.98 FEET THROUGH A CENTRAL ANGLE OF 5022' 11" TO A POINT OF COMPOUND CURVATURE HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 12-3I'l8"E; THENCE EASTERLY ALONG SAID CURVE 9.60 FEET THROUGH A CENTRAL ANGLE OF 02° 14'39" TO THE POINT OF BEGINNING, TOTAL AREA OF ADJUSTED LOT = 9451 S.F. (0.22 AC., MORE OR LESS) SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. Page 2 of 4 wd Sb.TL veez-zi-Dne S0'd PARCEL"C" (ADJUSTED LOT 116) IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF LOT 116 AND A PORTION OF LOT V OF TRACT NO. 29894.2, AS SHOWN BY MAP ON FILE INBOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 14°45'37"E; THENCE EASTERLY ALONG SAID RIGHT OF WAY LINE 70.90 FEET THROUGH A CENTRAL ANGLE OF 16034'51" TO THE NORTHEAST CORNER OF SAID LOT 116; THENCE ALONG THE EASTERLY LINE OF SAID LOT 116, S 26039'25"W, 7.32 FEET; THENCE S 13059'59"W, 118.44 FEET; THENCE S 60041'05"W, 27.28 FEET; THENCE N 69015'43"W, 38,99 FEET; THENCE N 1002 Pal" E, 15 1, 15 FEET TO THE POINT OF BEGINNING, TOTAL AREA OF ADJUSTED LOT = 9309 S.F. (0,21 AC., MORE OR LESS) SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. Ca W,irmir� Commisslan tJity Cou-.cil o:nnwnlr Dov, Dept. 1nitials Case No. _U& WAL-1 Exhibit With Conaitlons Page 3 of 4 ...A we sv:ii �eez-zi-Dne LOT "V" (ADJUSTED LOT V) IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF LOT V AND LOT 116 OF TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED AS FOLLOWS: LOT V EXCEPTING THEREFROM THE FOLLOWING DESCRIBED AREA; COMMENCING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT BE NIA SAVONA) OF SAID TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 14`45'57"E; THENCE EASTERLY ALONG SAID RIGHT OF WAY LINE 70,90 FEET THROUGH A CENTRAL ANGLE OF 16034'51" TO THE NORTHEAST CORNER OF SAID LOT 116; THENCE S 26°39'25"W, 7.32 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 13059'59"W, 118,44 FEET; THENCE S 60041'05" , 27.28 FEET; THENCE N 69015'43"W, 10,75 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 116 OF SAID TRACT; THENCE N 26039'25" E, 139,28 FEET TO THE POINT OF BEGINNING. ALSO TOGETHER WITH THE FOLLOWING DESCRIBED PORTION OF SAID LOT 116: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 116; THENCE N 26039'25" E, 4.71 FEET; THENCE N 69'15'43"W, 28,24 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 21°47'20"E; THENCE EASTERLY ALONG SAID CURVE 28.25 FEET THROUGH A CENTRAL ANGLE OF 17002'24" TO THE POINT OF BEGINNING, A2,2r Ije i t)v� 1 :4 • Planning Commission • City Council GYCommunny Dev. Dept. Initials MINI td-/ Case No, L6+'?!93''EO'r Exhibit O With Conditions Page 4 of 4 J q'd wd Sb:TT blaez-ZS-nnl L LAN 4 N0. 5479 EMp. B/30/04 EXHIS/T "B" LOT LINE ADJUS7UENT NO. 2003-404 McVATr SIREEr) (LOT £F J - PAR'� PARCEL IA' K4 L =i, 0.67 81 �I I PARCEL toA„ I 9,616 S.F. gI gl i zv 1-5.018 R 5P'0 \ I, R-490. 0 CURVE TABLE CUR LENGTH FRADIUS I DELTA cil 245.00 c2 t5.37 95.00 y ' C3 28.25 85.00 17 ' I — — — — — — — — EXISANG LOT LINE TO BE ADJUSTED NEW LOT LINE EXISANG LOT LINE TO REMAIN [XXXq - I0V7Z5 RECORD OATH PER M..8.J77/56-86 P. R8. R ) PARCELS 18 R C' Cl � I ;I 'of k / PARCEL 9,451 S,F, $ 1A PA,RCEL/ l 4 9,309 S.F. I / 79-JOI COUTRY CLUB DR., STE. 201ILZ 4117e BERMUOA DUNES, CA 92207 WA YNE X McGEE (760)345-3828 FAX (760)772-5705 LS 5479 EXP, zJz' LINE TABLE LINE LENGTH BEARING Lt 7.32 S2 " L21 10.751 589'15'43"E L31 4.71 828'39'26`W SUPER NSION OF.' DA TE ...A Wd 9b=TT baez-ZT-Dnv + RECORDING REQUESTED BY: Sedona Homes, Inc. 49-950 Jefferson St., # 130-134 Indio, CA 92201 AND WHEN RECORDED MAIL TO: Sedona Homes, Inc. 49-950 Jefferson St., # 130-134 Indio, CA 92201 SPACE ABOVE THIS LINE FOR RECORDER'S USE THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX $ ❑ Computed on the consideration or value of property conveyed, OR ❑ Computed on the consideration or value less liens or encumbrances remaining at time of sale. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Sedona Homes, Inc., as property owner, hereby GRANTS to Sedona Homes, Inc., as property owner, the real property in the City of La Quinta, County of Riverside, State of California, described as: SEE EXHIBITS "A" and "B" ATTACHED HERETO AND REFERENCED MADE A PART HEREOF. NOTE: THIS GRANT DEED IMPLEMENTS THE REVISED LOT CONFIGURATIONS PURSUANT TO LOT LINE ADJUSTMENT NO. 2003-404, AS APPROVED BY THE CITY OF LA QUINTA. ALL PROPERTY SUBJECT TO THIS LOT LINE ADJUSTMENT IS OWNED BY A SINGLE ENTITY, HENCE OWNERSHIP CONVEYANCE IS A NONESSENTIAL SECONDARY FUNCTION OF THIS DEED. THE PRIMARY FUNCTION OF THE DEED IS TO PROVIDE CONSTRUCTIVE NOTICE OF THE REVISED LOT LINE ADJUSTMENT CONFIGURATIONS PURSUANT TO GOVERNMENT CODE SECTION 66412(d), AND TO PERFECT THE INTENT OF LOT LINE ADJUSTMENT NO. 2003-404 AS APPROVED BY THE CITY OF LA QUINTA. DATED: 2003 STATE OF CALIFORNIA 1 COUNTY OF 1 ss. On this_ day of , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument, the person, or the entity, upon behalf of which the person acted upon, executed the instrument. WITNESS my hand and official seal. Signature Notary Public In And For Said State Sedona Homes, Property Owner APPROVED BY THE CITY OF LA QUINTA COMzc� Y DEVELOPMENT DEPARTMENT By: /4t i. Title: 4_r�%�44- R2xsri.- Date: /D -IG. -o g Case No.: 44A 2en.3 -04 (This area for official notarial seal) ILI 1, OWNERS EXISTING LOT #/ AP # NEW PAR. NO. SEDONA HOMES, INC. 114 / 772-470-014 PARCEL "A" SEDONA HOMES, INC. 115 / 772-470-015 PARCEL `B" SEDONA HOMES, INC. 116 / 772-470-016 PARCEL "C" EXHIBIT "A" LOT LINE ADJUSTMENT NO. 2003-404 PARCEL "A" (ADJUSTED LOT 114) IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LOT 114 AND A PORTION OF LOT 115 OF TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 114, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 640.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 00°41' 14"E; THENCE EASTERLY ALONG SAID CURVE 72.21 FEET THROUGH A CENTRAL ANGLE OF 6°27'53", THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, S 5019'00"E, 150.10 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 115, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 490.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 7042'50"E; THENCE WESTERLY ALONG SAID CURVE 56.00 FEET THROUGH A CENTRAL ANGLE OF 6032'53" TO THE SOUTHWEST CORNER OF SAID LOT 114; THENCE ALONG THE WESTERLY LINE OF SAID LOT 114 N 00052'29" W, 150.07 FEET TO THE POINT OF BEGINNING. TOTAL AREA OF ADJUSTED LOT = 9,616 S.F. (0.22 AC., MORE OR LESS) SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. YiHEA, � L35<7B 30 2ul Page 1 of 4 PARCEL`B" (ADJUSTED LOT 115) IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF LOT 115 AND A PORTION OF LOT 116 OF TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 14°45'57"E; THENCE S 10021'31" W; 151.15 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 116, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 21°47'20"E; THENCE WESTERLY ALONG SAID SOUTHERLYL LINE 15.37 FEET THROUGH A CENTRAL ANGLE OF 09016'02" TO A POINT OF COMPOUND CURVATURE HAVING A RADIUS OF 490.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 12031' 18"E; THENCE WESTERLY ALONG SAID CURVE 41.12 FEET THROUGH A CENTRAL ANGLE OF 04°48'28"; THENCE N 05019'00"E, 150.10 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE OF SAID TRACT NO. 29894-2, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 640.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 07°09'07"E' THENCE EASTERLY ALONG SAID CURVE 59.98 FEET THROUGH A CENTRAL ANGLE OF 5022' 11" TO A POINT OF COMPOUND CURVATURE HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 12.31' 18"E; THENCE EASTERLY ALONG SAID CURVE 9.60 FEET THROUGH A CENTRAL ANGLE OF 02014'39" TO THE POINT OF BEGINNING. TOTAL AREA OF ADJUSTED LOT = 9451 S.F. (0.22 AC., MORE OR LESS) SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. Page 2 of 4 r3, PARCEL "C" (ADJUSTED LOT 116) IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF LOT 116 AND A PORTION OF LOT V OF TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 14°45'57"E; THENCE EASTERLY ALONG SAID RIGHT OF WAY LINE 70.90 FEET THROUGH A CENTRAL ANGLE OF 16034'51" TO THE NORTHEAST CORNER OF SAID LOT 116, THENCE ALONG THE EASTERLY LINE OF SAID LOT 116, S 26039'25"W, 7.32 FEET, THENCE S 13°59'59"W, 118.44 FEET; THENCE S 60°41'05"W, 27.28 FEET; THENCE N 69015'43"W, 38.99 FEET; THENCE N 10021'31" E, 151.15 FEET TO THE POINT OF BEGINNING. TOTAL AREA OF ADJUSTED LOT = 9309 S.F. (0.21 AC., MORE OR LESS) SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. Die RrsU sk L7 Pil':finu'i j Commission — EJ t; Co :j0iI -- o�errnunit r Dev. Dept. Initials- Mkti-- Case NO. __LIA 76M3-lfw4 Exhibit ❑ With Conaitions Page 3 of 4 LOT "V" (ADJUSTED LOT V) IN THE CITY OF LA QUENTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF LOT V AND LOT 116 OF TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED AS FOLLOWS: LOT V EXCEPTING THEREFROM THE FOLLOWING DESCRIBED AREA: COMMENCING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 14°45'57"E; THENCE EASTERLY ALONG SAID RIGHT OF WAY LINE 70.90 FEET THROUGH A CENTRAL ANGLE OF 16034'51" TO THE NORTHEAST CORNER OF SAID LOT 116; THENCE S 26039'25"W, 7.32 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 13059'59"W, 118.44 FEET; THENCE S 60041'05", 27.28 FEET; THENCE N 69015'43"W, 10.75 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 116 OF SAID TRACT; THENCE N 26039'25" E, 139.28 FEET TO THE POINT OF BEGINNING. ALSO TOGETHER WITH THE FOLLOWING DESCRIBED PORTION OF SAID LOT I16 BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 116, THENCE N 26039'25" E, 4.71 FEET; THENCE N 69015'43"W, 28.24 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 21047'20"E; THENCE EASTERLY ALONG SAID CURVE 28.25 FEET THROUGH A CENTRAL ANGLE OF 17002'24" TO THE POINT OF BEGINNING. C Piartni-io Commission El City Council GYComrnuni;y Dev. Dept. Initials #19'1 0-16-0 Case No. LLA 24fti-*,( Exhibit ❑ With Conditions Page 4 of 4 \°NpL LANDS EXHIBIT "B° �pJNi A MP�F� LOT LINE ADJUSTMENT NO. 2003-404 F 0 NO. 5479 — — — — — — — — EXIS77NG LOT LINE TO BE ADJUSTED Exp. 9/30/04 NEW LOT LINE 9TFOF CALIF°�a\P (PR/YAIE S7RffTJ EXIS77NG LOT LINE TO REMAIN (LOT FE) P.O.B. �p[XXXXJ = lNDlCA1ES RECORD DATA PER MB.327/56-88 �' PARCEL A" KA P.O.B. R PARCELS B & C" L =70.90 JJ [=6'20'Sl' / R=640.00 S144557'W R"_¢0' ,( L =72' R=640. 00 S / D=6'27 'S3" j 1� L=59A, \ \ 0O'Y y I 0-5'2?��' —� ClCJ Cc7pZ4500J �700 01- .. � 53170'46" W (R)7127, 7.32' . 0 P I o m PARCEL I PARCEL ^/ 1 � M 9,616 S.F. of 0 9,451 S.F. PARCEL »C» 9, 309 S. F.[ ti 32'03 1 /l C=41 1 / / 8'?-8t. �g1" LD=S'52'08" {(C=46.9?J�J C? / SO // / 0 — a p y [R=490. 00J, [45'29'1 . �� 9y5f,}" U U [R=490.00? ? J `)Bg ,�` 126 . E •° is C :?•O !R 9S o 6/\°y� /z N 6� Ei o 0� °Jl Qro� EyZ_U ti�J nU °caynca CURVE TABLE CURVEJ LENGTH I RADIUS I DELTA C1 9.60 245.00 2'14'39" C2 15.371 95.00 9'16'02" E31 28.251 95.00 17.2'24- LINE TABLE LINE LENGTH BEARING LlI 7.32 S26'39'25"W L21 10.751 S6915'43"E L31 4711 S26'39'25"W IN THE CITY OF LA OUINTA MCGEE SURVt: r1NG, INC. PREPARED HE SUPERVISION OF. 79-301 COUTRY CLUB DR., STE. 201 BERMUDA DUNES, CA 92201 (760)345-3828 FAX (760)772-5705 WAYNE A. McGEE L.S. 5479 EXP. DA TE �P i I I11 1090 I LETTER OF TRANSMITTAL To: r,J /,r) F�CiG tC' �%'111 Attn: We are forwarding ( ) Prints ( ) Change Order �Vla �6ftN b' Date: Project No.: From: ( ) Attached ( ) Under separate cover via: � Z 6%03 ( ) Mylars () Specifications () Copy of Letter ( ) Field Order () Other () Drawings DWG. REV. COPIES /D�[E!'SCRI{PTION�j/ z�l d— % 7/ Cf These are transmitted as checked below: ( ) For information and coordination ( ) Resubmit bluelines for review ( ) Submit _ copies for construction ( ) Return revised prints/mylars Remarks: cc: 3&2— By: eview and comment or approval, qe P.O. Box 1504, La Quinta, CA 92253 Phone: (760) 777-7075 Fax: (760) 777-7155 E Ell RIGHT-OF-WAY AND SURVEY ASSOCIATES SEP 1 7 2003 Mr. Timothy R. Jonasson. PE. CA-% Engineer September 16. 2003 Cit} of La Quinta P. O. Box 1504 La Quinta. Ca 92253 Subject: Recommendation for approval of Lot Line Adiustment No. 2003-404. Dear Sir: I haN e completed m} review- of subject documents as prepared b} Brad McGee. PLS. and find it to be technically correct and in conformance with the Subdivision Map Act. the Land Surve%or's .Act and Cit} of La Quinta requirements. Other applicable agencies or departments ma} require final review- and/or revisions. Sincerel\ . Eric Nelson. PLS C'IA LETT COMMUNITY l To: Steve Speer From: Martin Magana AO Cases: LLA 03-404 Location: See Attached Information Proposal: Adjust parcel boundary lii the proposed Lot Line Adjustment 1 along with copies of the legal descri NOTE: Please review this The above is transmitted via: Mail Fed Ex PLAN CI PCN _ Please c on all cc are in pl C 4 Qubt rorm ,R OF TRANSMITTAL EVELOPMENT DEPARTMENT Date: August 29, 2003 , SEP 0 2 2003 Ref: Lot Line Adjustment.Applieation :s per application. Enclosed find two sets of application materials for r parcels 772-470-014, 015 & 016 of Tract 29894-2 (The Hideaway) :ions, plat maps, lot closure calcs, and title reports. 1 and provide comments as soon as possible. Fax Hand Other Plan while plane (PCN) -3 LETTER OF TRANSMITTAL COMMUNITY DEVELOPMENT DEPARTMENT To: Steve Speer From: Martin Magana AV Cases: LLA 03-404 Location: See Attached Information Date: August 29, 2003 Ref: Lot Line Adjustment Application Proposal: Adjust parcel boundary lines per application. Enclosed find two sets of application materials for the proposed Lot Line Adjustment for parcels 772-470-014, 015 & 016 of Tract 29894-2 (The Hideaway) along with copies of the legal descriptions, plat maps, lot closure calcs, and title reports. NOTE: Please review this proposal and provide comments as soon as possible. The above is transmitted via: Mail Fed Ex Fax Hand Other Comments: MCGEE SURVEYING, INC LETTER OF TRANSMITTAL To: City,ol,La Quints Date: 8/11/2003 Project: Hideaway- lla Attn: Planning Department Tel No.: We are forwarding: No. of Copies W.O.: 2761 Tract No.: Hideaway brad By Messenger By Mail Your Pickup Description: Submittal package for Lot Line Adjustment Instructions: For plan checking This Material Sent for: Your Files Your Review x Checking Other By: BRAD MCGEE Per Your Request Approval At the request of: 79-301 Country Club Drive, Suite 102, Bermuda Dunes, CA 92201 Phone (760) 345-3828 Fax (760) 772-5705 i c 4 I Fnj OF TK4'O Engineering Plan Check Application and Lot Line Adjustment ,.L�:I,: „IT 4 Project: ( eA4<-/ L� ( (� Date: l! G3 DevelopmentIdentificationNumber: Man/Plans Submitted for Checking Surveyor's Checking Fee CITY `��• CIR11G •\ 101-000-443-318 $50 x 3 Lots Total Fee: 611,'0 1 1 2003 ITY Fee $10 APPLICANT INFORMATION PERSON WHO IS RESPONSIBLE FOR PLAN CHECK ADMINISTRATIVE DUTIES ENGINEERING FIRMIPERSON RESPONSIBLE FOR PREPARING PLANSIMAPS. NAME NAME Si�o�✓ �✓�iver�'��•-fir NAME OF FIRA1 NAME OF FIRM 644 - Z ADDRESS ADDRESS CITY STATE ZIP CITY STATE ZIP 5 Y� -3;6 -zip 5Y`I -366 - 5'zeo TELEPHONE FAX TELEPHONE FAR A M _' ,_- e(ir103 CITY STAFF DATE 78-495 Calle Tampico • P.O. Box 1504 • La Quinta, CA 92253 • (619) 777-7075 • (Fax) 777-7155 'F \P WDEPnDOCSFORMSF007. W PD 1 7 mOD mm m 0m T T O O X 0 0 In l.n Ul r r m n -a w Igo I Efl , ` l 9 n 9 { N W Ln l J r 0 n m RECORDING REOUESTEO FIRST AMERICAN I o LE COIN SUTA)WISION DE.PARIMLNI RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Sedona Homes, Inc. 77-825 Laredo Court La Quinta, California 92253 Attention: Lance Alacano DOC * 2003-290G34 04/24/2003 08:00A Fee:13.00 Page 1 of 3 Doc T Tax Paid Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk 8 Recorder III 10 III I I I1 11E III 111 111 11� M S U oAGE SIZE. pA GCOR NOCOF SMF � h115C A R L COPY LONG gEFUNO I NCHG EXArv, KIP -1 7d - H 7C-OC 5 'nj4U,,L,j}-DIE. [SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED LJ The undersigned grantor declares that Documentary Transfer Tax is not shown pursuant to Section 11932 of the Revenue and Taxation Code, as amended. City of La Quinta, Riverside County, California FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ND LA QUINTA PARTNERS, LLC, a Delaware limited liability company ("Grantor"), hereby grant to SEDONA HOMES, INC., a California corporation, that certain real property located in the City of La Quinta, County of Riverside, State of California, which is more fully described in Exhibit A attached hereto, and hereby made a part hereof. SUBJECT TO all covenants, conditions, restrictions, rights, rights -of -way, easements, encumbrances and other matters of record. Dated: As of April l Q2 , 2003 GRANTOR: ND LA QUINTA PARTNERS, LLC, a Delaware limited liability company By: Nationwide Realty Investors, Ltd., an Ohio 1 ni liability c I any its Maria ember By: P� an .l. Ellis President and Chief Operating Officer I-LA/G6633GJ 1 EXHIBIT A LEGAL DESCRIPTION Lots 105 through 116, inclusive of amended Tract No. 29894-2, as shown on a map filed in Book 327, pages 56 through 88 inclusive of maps, in the Office of the County Recorder of Riverside County, California. Reserving therefrom an easement for drainage, utility and landscape purposes over the northerly 12.00 feet of said lots. 1-rA/666336.1 EXHIBIT "A" LOT LINE ADJUSTMENT NO.2003-XXX PARCEL"A" (ADJUSTED LOT 114) IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LOT 114 AND A PORTION OF LOT 115 OF TRACT NO. 298894-2, AS SHOWN BY MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 114, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE OF SAID TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 640.00 FEET, A RADIAL, LINE TO SAID POINT BEARS N 00041' 14"E; THENCE EASTERLY ALONG SAID CURVE 72.21 FEET THROUGH A CENTRAL ANGLE OF 6°09'18"; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, S 5°19'00", 150.10 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 115, SAID POINT BEING ON A CURE CONCAVE SOUTHERLY HAVING A RADIUS OF 490.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 7042'50"E; THENCE WESTERLY ALONG SAID CURVE 56.00 FEET THROUGH A CENTRAL ANGLE OF 6033'21" TO THE SOUTHWEST CORNER OF SAID LOT 114; TOTAL AREA OF ADJUSTED LOT = 9,616 S.F. (0.22 AC., MORE OR LESS) SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. r PARCEL`B" (ADJUSTED LOT 115) IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF LOT 115 AND A PORTION OF LOT 116 OF TRACT NO, 298894-2, AS SHOWN BY MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE OF SAID TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 14045'57"E; THENCE S 10021'31" W; 151.15 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 116, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 21°47'20"E; THENCE' WESTERLY ALONG SAID SOUTHERLYL LINE 15.37 FEET THROUGH A CENTRAL ANGLE OF 09016'02" TO A POINT OF COMPOUND CURVATURE HAVING A RADIUS OF 490.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 12031'18"E; THENCE WESTERLY ALONG SAID CURVE 41.12 FEET THROUGH A CENTRAL ANGLE OF 04°48'28": THENCE N 05019'00"E, 150.10 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE OF SAID TRACT NO. 29894-2, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 640.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 07°09'0'1'; THENCE ]EASTERLY ALONG SAID CURVE 59.98 FEET THROUGH A CENTRAL ANGLE OF 5022' 11" TO A POINT OF COMPOUND CURVATURE HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 12031' 18"E; THENCE WESTERLY ALONG SAID CURVE 9.60 FEET THROUGH A CENTRAL ANGLE OF 02014'39" TO THE POINT OF BEGINNING. TOTAL AREA OF ADJUSTED LOT = 9451 S.F. (0.22 AC., MORE OR LESS) SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. PARCEL "C" (ADJUSTED LOT 116) IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF LOT 116 AND A PORTION OF LOT V OF TRACT NO. 298894-2, AS SHOWN BY MAP ON FILE IN BOOK 327. PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE OF SAID TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 14045'57"E; THENCE EASTERLY ALONG SAID RIGHT OF WAY LINE 70.90 FEET THROUGH A CENTRAL ANBLE OF 16034'49" TO THE NORTHEAST CORNER OF SAID LOT 116; THENCE S 26039'25"W, 7.32 FEET; THENCE S 13059'59"W, 118.44 FEET; THENCE S 60041'05", 27.28 FEET; THENCE N 69015'43"W, 38.99 FEET; THENCE N 10021'3I" E, 151.15 FEET TO THE POINT OF BEGINNING. TOTAL AREA OF ADJUSTED LOT = 9309 S.F. (0.21 AC., MORE OR LESS) SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. LOT "V" (ADJUSTED LOT V) IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF LOT V AND LOT 116 OF TRACT NO. 298894-2, AS SHOWN BY MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED AS FOLLOWS: LOT V EXCEPTING THEREFROM THE FOLLOWING DESCRIBED AREA: COMMENCING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE OF SAID TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 14°45'57"E; THENCE EASTERLY ALONG SAID RIGHT OF WAY LINE 70.90 FEET THROUGH A CENTRAL ANBLE OF 16034'49" TO THE NORTHEAST CORNER OF SAID LOT 116; THENCE S 26039'25"W, 7.32 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 13059'59"W, 118.44 FEET; THENCE S 60041'05", 27.28 FEET, THENCE N 69015'43"W, 10.75 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 116 OF SAID TRACT; THENCE N 26039'25" E, 139.28 FEET TO THE POINT OF BEGINNING. ALSO TOGETHER WITH THE FOLLOWING DESCRIBED AREA: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 116, THENCE N 26039'25" E, 4.71 FEET, THENCE N 69015'43"W28.24 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 95.00 FEET; THENCE EASTERLY ALONG SAID CURVE 28.25 FEET TO THE POINT OF BEGINNING. CLOSURES.txt -------------- Parcel name: B North: 9455.6578 East : 15912.3888 Line course: 5 10-21-31 W Length: 151.15 North: 9306.9713 East : 15885.2107 curve Length: 15.37 Radius: 95.00 Delta: 9-16-02 Tangent: 7.70 chord: 15.35 Course: N 72-50-41 W Course In: 5 21-47-20 W course Out: N 12-31-18 E RP North: 9218.7583 East 15849.9479 End North: 9311.4987 East 15870.5447 Curve Length: 41.12 Radius: 490.00 Delta: 4-48-28 Tangent: 20.57 chord: 41.11 Course: N 79-52-56 W course In: S 12-31-18 w course Out: N 07-42-50 E RP North: 8833.1538 East : 15764.3084 End North: 9318.7196 East : 15830.0793 Line Course: N 05-19-00 E Length: 150.10 North: 9468.1738 East : 15843.9876 Curve Length: 59.98 Radius: 640.00 Delta: 5-22-11 Tangent: 30.01 Chord: 59.96 Course: S 80-09-47 E Course In: S 07-09-07 W Course Out: N 12-31-18 E RP North: 8833.1534 East 15764.3069 End North: 9457.9304 East 15903.0646 curve Length: 9.60 Radius: 245.00 Delta: 2-14-39 Tangent: 4.80 Chord: 9.60 Course: 5 76-21-22 E Course In: 5 12-31-18 w Course Out: N 14-45-57 E RP North: 9218.7579 East 15849.9464 End North: 9455.6663 East 15912.3917 Perimeter: 427.31 Area: 9,451 sq.ft. 0.22 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0090 Course: N 18-42-42 E Error North: 0.00852 East : 0.00289 Precision 1: ------------------------------------------------------------ 47,481.75 Parcel name: A North: 9490.1522 East : 15817.9171 Curve Length: 56.00 Radius: 490.00 Delta: 6-32-55 Tangent: 28.03 Chord: 55.97 Course: N 85-33-38 w course In: S 07-42-50 w course Out: N 01-09-57 E RP North: 9004.5864 East : 15752.1462 End North: 9494.4850 East : 15762.1111 Line course: N 00-52-29 W Length: 150.07 North: 9644.5375 East : 15759.8201 Curve Length: 72.21 Radius: 640.00 Delta: 6-27-53 Tangent: 36.14 chord: 72.17 Course: S 86-04-49 E course In: S 00-41-14 w course Out: N 07-09-07 E RP North: 9004.5836 East 15752.1439 End North: 9639.6040 East 15831.8246 Page 1 CLOSURES.txt Line course: 5 05-19-00 W Length: 150.10 North: 9490.1498 East : 15817.9163 Perimeter: 428.38 Area: 9,616 sq.ft. 0.22 acres Mapcheck closure - (uses listed courses, radii, and deltas) Error Closure: 0.0025 course: 5 18-34-26 W Error North:-0.00240 East :-0.00081 Precision 1: 168,982.01 Parcel name: C North: 9398.3232 East : 16040.1685 Line course: N 26-39-25 E Length: 7.32 North: 9404.8652 East : 16043.4526 Curve Length: 70.90 Radius: 245.00 Delta: 16-34-49 Tangent: 35.70 Chord: 70.65 Course: N 66-56-37 W Course in: S 31-20-48 W Course Out: N 14-45-59 E RP North: 9195.6265 East : 15916.0000 End North: 9432.5349 East : 15978.4452 Line course: 5 10-21-31 W Length: 151.15 North: 9283.8484 East : 15951.2672 Line course: S 69-15-43 E Length: 38.99 North: 9270.0422 East : 15987.7310 Line course: N 60-41-05 E Length: 27.28 North: 9283.3989 East : 16011.5174 Line Course: N 13-59-59 E Length: 118.44 North: 9398.3208 East : 16040.1701 Perimeter: 414.09 Area: 9,309 sq.ft. 0.21 acres Mapcheck closure - (uses listed courses, radii, and deltas) Error Closure: 0.0029 Course: S 33-54-30 E Error North:-0.00237 East : 0.00159 Precision 1: 145,152.52 Page 2 Order Or: Page Num er. O-SA-1086458 First American Title 2 First American Way Santa Ana, CA 92707 Jenny McIntire Sedona Homes 49950 Jefferson Street, Suite 130-134 Indio, CA 92201-8810 Phone: (760) 777-7522 Fax: Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Property: 80-873 Via Savona LLA O-SA-1086458 David Noble (18) (714) 800-4773 (714) 800-4965 dnoble@firstam.com 80-861 Via Savona La Quinta, California PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below 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 forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments 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. First American Title Order Der: O-SA-1086458 Page Number: 2 Dated as of July 02, 2003 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: This report is for Lot Line Adjustment purposes only. A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Sedona Homes, Inc., a California corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 2. K� General and special taxes and assessments for the fiscal year 2003-2004, a lien not yet due or payable. The lien of defaulted taxes for the fiscal year 2002-2003, and any subsequent delinquencies. Tax Rate Area: A. P. No.: Amount to redeem: Valid through: Amount to redeem: Valid through: 020-056 772-470-014-8 $893.23 July 31, 2003 $904.51 August 31, 2003 The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. Although the above supplemental taxes may be a lien, the installments thereof are not yet due or payable. 4. 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. For: 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 Fir5tAmerican Title Ordereer. O-SA-1086458 Page Number: 3 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. 5. Reservations contained in the patent from the United States of America, recorded July 31, 1905 in Book 3, page 228 of patents, which among other things recites 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 Lands Hereby Granted, a Right of Way Thereon for Ditches, or Canals Constructed by the Authority Of The United States." 6. Reservations contained in the patent from the United States of America, recorded april 1, 1912 in Book 6, page 112 of patents, which among other things recites 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 Lands Hereby Granted, a Right of Way Thereon for Ditches, or Canals Constructed By The Authority Of The United states." 7. The fact that said land lies within the Coachella Valley soil conservation district, as evidenced by a resolution and order recorded December 13, 1956 in Book 2011, page 519 of Official Records of Riverside County, California. 8. A document entitled "Land Conservation Contract" recorded February 28, 1977 as Instrument No. 32801 of Official Records. 9. The terms, provisions and conditions contained in a document entitled "Agreement', executed by and between Coachella Valley Water District, a public agency, and NRI-CCP I, a Delaware limited liability company, recorded December 28, 2000 as Instrument No. 2000-515110 of Official Records. 10. The terms, provisions and conditions contained in a document entitled 'Irrigation Water Service Agreement', executed by and between Coachella Valley Water District, a public agency of the State of California, and NRI-CCP I, a Delaware limited liability company, recorded June 29, 2001 as Instrument No. 2001-298678 of Official Records. 11. The terms, provisions and conditions contained in a document entitled "Reciprocal Easement Agreement', executed by and between NRI-CCP I, LLC, a Delaware limited liability company, and NRI-LQLP Golf properties, LLC, a Delaware limited liability company, recorded June 29, 2001 as Instrument No. 2001-298681 of Official Records. 12. The terms, covenants and conditions contained in an instrument entitled "Domestic Walser and/or Sanitation System Installation Agreement' executed by and between Coachella Valley Water District and NRI-CCP I, LLC, recorded May 15, 2002 as Instrument No. 2002-255078 of Official Records. 13. An easement shown or dedicated on the Map as referred to in the legal description For: public utility and incidental purposes. FirstAmerican Title Order Number: O-SA-1086458 Page Number: 4 14. An easement shown or dedicated on the Map as referred to in the legal description For: drainage and/or utility purposes and access purposes, all shown hereon for private use for the sole benefit of ourselves, successors, assignees and lot owners within this tract and incidental purposes. 15. An easement shown or dedicated on the Map as referred to in the legal description For: sewer, water, utility lines and incidental purposes. 16. An easement shown or dedicated on the Map as referred to in the legal description For: inspection, repair, replacement, excavation, laying, construction, installation, maintenance, operation, removal of electrical lines, wires, cables, ducts, supports, fixtures, facilities, appurtenances with the right of ingress, egress over and within same maintenance, operation and emergency vehicles and incidental purposes. 17. The recital on the map of amended Tract No. 29894-2 which, among other things, states: 'The Subdivider reserves the Right to Create Easements Burdening the Residential Lots Depicted on this Map for the Exclusive Use of Owners of the Adjoining Lots for such purposes as the Subdivider shall identify when Transferring the Easements." 18. The terms and provisions contained in the document entitled "Amended and Restated Easement and Road Maintenance Agreement" recorded December 13, 2002 as Instrument No. 2002- 745937 of Official Records. executed by and between ND La Quinta Partners, LLC, a Delaware limited liability company and the Hideaway Owners Association, a California nonprofit mutual benefit corporation. 19. An easement for drainage, utility, landscape and incidental purposes in the document recorded April 24, 2003 as Instrument No. 2003-290634 of Official Records. 20. For the purpose of processing a lot line adjustment using this preliminary report, it is the responsibility of the engineer preparing the lot line adjustment to obtain the necessary deed or deeds as well as all modifications to any deeds of trust encumbering the property. INFORMATIONAL NOTES Note: Wire Instructions for Sub -Escrow Deposits Are As Follows: First American Trust Company Account #15030 ABA #122241255 114 East Fifth Street Account Name: First American Title Company Santa Ana, CA 92701 Credit to First American Title Company Order No: O-SA-1086458 Title Officer: David Noble Disregard if First American is your Escrow Settlement Agent - Contact Escrow Officer for Wire Instructions FirstAmerican Title Ordertr: O-SA-1086458 Page Number: 5 The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Order r O-SA-1086458 Page Number: 6 LEGAL DESCRIPTION Real property in the City of La Quinta, County of Riverside, State of California, described as follows: Lot 114 of Amended Tract No. 29894-2, as shown on a map filed in Book 327, pages 56 through 88 inclusive of maps, in the Office of the County Recorder of Riverside County, California. APN: 772-470-014-8 First American Title IN tHE vItFT Ot U OUING, COUNTY OE FIVEFSIa�O�AE, SSA» t�F or ULIfOFNIA SNIFF ) 0! 11 SH[[LS AMENDED TRACT N0. 29894-2 �„®N", � A�� In. >�r m ��r .>.I, a n.. A�.� .,� 1A�I�A. a2,. �� a IIIIIW➢I� 1L. COI» NS I�II'tw1N�l A U F. S u�NC. � �Y 'd cC tt IT6 �rssGF lPi . GRAPHIC SCALE A WE, cpvnwnt A •SS.I TES. 1 c. tICLIST, romp s AVENUE 52 w AVENUE 52 Lm rvN LOT (q IF, o„e. �.r..... e,,.e, HE SATE[ 32 WIT EE ma nm mm nm 10m m j� ,d eu. 'I .e II. II, III nn uuI n® n'aup,ie n � "rNe S �e .A A Ae A• (' R ma A L07 V HE SHEET 32 CURVE TABLE BREAK / NOT TO M A11'. 161 V w m� SEE SHEET 32 r7 L07 V HE SHEET 32 CURVE TABLE BREAK / NOT TO M A11'. 161 V w m� SEE SHEET 32 r7 iru a" Ilc: �" N 164 �nl W 1 dm A• rd milt' r [. tir r �eev os ++v ao n�?,� LOT u Pft W fn mI ...... w 345 LOT nN na46 In i _ yj a-. re n - 8 .'➢� In -# I mLOT AA [ SEE SHEET 32 wl ea SET SHEET 32 'h. Jsyy� 340 - NOTE: — - ry vnmrs w r.omm anon rmm.o Imn.on.mn First American T'itic iassarance Company - THIS MAP IS FOR INFORMATION ONLY AND IS NOT A PART OF THIS TITLE EVIDENCE ® Orderor: O-SA-1086458 Page Number: 7 NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub -escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. FirstAlmerican Title Orderter: O-SA-1086458 Page Number: 8 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULEB EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any 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. 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) 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 polip.r, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insurecl claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or First American Title Order er: O-SA-1086458 Page Number: 9 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Assodation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4_ Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. FirstAmencan Title Order er: O-SA-1086458 Page Number: 10 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. S. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 First American Title Order er: O-SA-1086458 Page Number: 11 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 poligg (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction Creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use - land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. First American Title Order er: O-SA-1086458 Page Number: 12 2. The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date, 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c, that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: First American Title Aft Order er: O-SA-1086458 Page Number: 13 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 separatioq in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or It in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8 (e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modificaticns made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. SCHEDULEB 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: The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: NONE. 13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(10/13/01) WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. FirstAmencan Title Order or: O-SA-1086458 Page Number: 14 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: 1. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: None. First American rtle Order N: Page Num er: O-SA-1086468 \Hf, kJ 41 / First American Title 2 First American Way Santa Ana, CA 92707 Jenny McIntire Sedona Homes 49950 Jefferson Street, Suite 130-134 Indio, CA 92201-8810 Phone: (760) 777-7522 Fax: Customer Reference: 80-873 Via Savona LLA Order Number: O-SA-1086468 Title Officer: David Noble (18) Phone: (714) 800-4773 Fax No.: (714) 800-4965 E-Mail: dnoble@firstam.com Buyer: Property: 80-873 Via Savona La Quinta, California PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below 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 forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments 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. FirstAmerican Title Order 0r. O-SA-1086468 Page Number: 2 Dated as of July 02, 2003 at 7:30 A.M. The form of Polity of title insurance contemplated by this report is: This report is for Lot Line Adjustment purposes only. A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Sedona Homes, Inc., a California corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 2. 3. General and special taxes and assessments for the fiscal year 2003-2004, a lien not yet due or payable. The lien of defaulted taxes for the fiscal year 2002-2003, and any subsequent delinquencies. Tax Rate Area: A. P. No.: Amount to redeem: Valid through: Amount to redeem: Valid through: 020-056 772-470-015-9 $893.23 July 31, 2003 $904.51 August 31, 2003 The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. Although the above supplemental taxes may be a lien, the installments thereof are not yet due or payable. 4. 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. For: 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 First American Title Order er: O-SA-1086468 Page Number: 3 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. 5. Reservations contained in the patent from the United States of America, recorded July 31, 1905 in Book 3, page 228 of patents, which among other things recites 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 Lands Hereby Granted, a Right of Way Thereon for Ditches, or Canals Constructed by the Authority Of The United States." Reservations contained in the patent from the United States of America, recorded april 1, 1912 in Book 6, page 112 of patents, which among other things recites 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 Lands Hereby Granted, a Right of Way Thereon for Ditches, or Canals Constructed By The Authority Of The United states." 7. The fact that said land lies within the Coachella Valley soil conservation district, as evidenced by a resolution and order recorded December 13, 1956 in Book 2011, page 519 of Official Records of Riverside County, California. 8. A document entitled "Land Conservation Contract" recorded February 28, 1977 as Instrument No. 32801 of Official Records. 9. The terms, provisions and conditions contained in a document entitled "Agreement', executed by and between Coachella Valley Water District, a public agency, and NRI-CCP I, a Delaware limited liability company, recorded December 28, 2000 as Instrument No. 2000-515110 of Official Records. 10. The terms, provisions and conditions contained in a document entitled "Irrigation Water Service Agreement', executed by and between Coachella Valley Water District, a public agency of the State of California, and NRI-CCP I, a Delaware limited liability company, recorded June 29, 2001 as Instrument No. 2001-298678 of Official Records. 11. The terms, provisions and conditions contained in a document entitled 'Reciprocal Easement Agreement', executed by and between NRI-CCP I, LLC, a Delaware limited liability company, and NRI-LQLP Golf properties, LLC, a Delaware limited liability company, recorded June 29, 2001 as Instrument No. 2001-298681 of Official Records. 12. The terms, covenants and conditions contained in an instrument entitled "Domestic Walser and/or Sanitation System Installation Agreement' executed by and between Coachella Valley Water District and NRI-CCP I, LLC, recorded May 15, 2002 as Instrument No. 2002-255078 of Official Records. 13. An easement shown or dedicated on the Map as referred to in the legal description For: public utility and incidental purposes. First American Title Order r: O-SA-1086468 Page Number: 4 14. An easement shown or dedicated on the Map as referred to in the legal description For: drainage and/or utility purposes and access purposes, all shown hereon for private use for the sole benefit of ourselves, successors, assignees and lot owners within this tract and incidental purposes. 15. An easement shown or dedicated on the Map as referred to in the legal description For: sewer, water, utility lines and incidental purposes. 16. An easement shown or dedicated on the Map as referred to in the legal description For: inspection, repair, replacement, excavation, laying, construction, installation, maintenance, operation, removal of electrical lines, wires, cables, ducts, supports, fixtures, facilities, appurtenances with the right of ingress, egress over and within same maintenance, operation and emergency vehicles and incidental purposes. 17. The recital on the map of amended Tract No. 29894-2 which, among other things, states: 'The Subdivider reserves the Right to Create Easements Burdening the Residential Lots Depicted on this Map for the Exclusive Use of Owners of the Adjoining Lots for such purposes as the Subdivider shall identify when Transferring the Easements." 18. The terms and provisions contained in the document entitled "Amended and Restated Easement and Road Maintenance Agreement' recorded December 13, 2002 as Instrument No. 2002- 745937 of Official Records. executed by and between NO La Quinta Partners, LLC, a Delaware limited liability company and the Hideaway Owners Association, a California nonprofit mutual benefit corporation. 19. An easement for drainage, utility, landscape and incidental purposes in the document recorded April 24, 2003 as Instrument No. 2003-290634 of Official Records. 20. For the purpose of processing a lot line adjustment using this preliminary report, it is the responsibility of the engineer preparing the lot line adjustment to obtain the necessary deed or deeds as well as all modifications to any deeds of trust encumbering the property. INFORMATIONAL NOTES Note: Wire Instructions for Sub -Escrow Deposits Are As Follows: First American Trust Company Account #15030 114 East Fifth Street Account Name: Santa Ana, CA 92701 Credit to First American Title Company Order No: O-SA-1086468 ABA #122241255 First American Title Company Title Officer: David Noble Disregard if First American is your Escrow Settlement Agent - Contact Escrow Officer for Wire Instructions First American Title ® Order eer: O-SA-1086468 Page Number: 5 The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Order No: O-SA-1086468 Page Number: 6 LEGAL DESCRIPTION Real property in the City of La Quinta, County of Riverside, State of California, described as follows: Lot 115 of Amended Tract No. 29894-2, as shown on a map filed in Book 327, pages 56 through 88 inclusive of maps, in the Office of the County Recorder of Riverside County, California. APN:772-470-015-9 First American Title IN THE CITY 0! U QUINTA, COUNTY Of PIVERSIDE STATE OC CALIfORNIA SHCR) Of ll SNCCi3 AMENDED TRACT NO. 29894-2 n0.lF" 6 0. n nM3M a, lfxiuRla Wigww WRW � I� IO,S i. R, N,I I, TAO.d� ll, H; P .rtVGx L S J Z. M R J GRAPHIC SCALE PAROLE. CORNWELL S ASSOCIATES. INC, AVCUZT. 2002 �A CZ N` —IN LTD, 3 A _NT�AVENUE 52 L.~.3 AVENUE 52 LOT TIN ZmRl� m'HE LOT C V)F' o,�m,..n.n e..vm ,.Fmervt.. 91EEt 32 W LOT CE_--_______ uT -- - •p PvE LOT V SEE SHEET 32 NCURVEIABLF BREAK / NOT TO 5(:AUE LOT V SEE SHEET 32 1 n - s w y W R. a l0i U s•a3 -. nrN ta3 .mnCn �+ri A+,nn+ro i uI rm.A. .AHCB , .�,a i. ITT I.Ay 6 I b"WO +u.a r L03 AA SEE SHEET 32 .eons xss.n mana?H m LOT 88 i �C°; SEE 9HECT 32 P'N 340 NM First American Title lasurance Company, THIS MAP IS FOR INFORMATION ONLY AND IS NOT A PAfTI OF THIS TITLE EVIDENCE W (n N Order er: O-sA-1086468 Page Number: 7 NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub -escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. First American Title ® Order NAW O-SA-1086468 Page Number: 8 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice 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. 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; (in) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or First American Title ® Order Or: O-SA-1086468 Page Number: 9 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. - SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any fads, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. First American Title Orderer: O-SA-1086468 Page Number: 10 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (n) the character, dimensions or location of any improvement now or hereafter erected on the land; (in) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or Unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordinaton; or (in) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the. exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 FirstAmencan Title ® Order Nr: O-SA-1086468 Page Number: 11 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (i)) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE 8 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule 6, you are not insured against loss, costs, attorneys' fees and expenses resulting from: Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. First American Title ® Order &: O-SA-1086468 Page Number: 12 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 Risk,: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records * that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: ' to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TIRE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use J. improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24, 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The rightto take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; C. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25, 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk it or 18. 12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: First American Title Orderer. O-SA-1086468 Page Number: 13 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. S. 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, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8 (e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured & (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: NONE. 13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. First American Title Order r: O-SA-1086468 Page Number: 14 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. b. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: 1. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: None. FirstAmerican Title ? , ® Order r. Page Number: O-SA-1086471 First American Title 2 First American Way Santa Ana, CA 92707 Jenny McIntire Sedona Homes 49950 Jefferson Street, Suite 130-134 Indio, CA 92201-8810 Phone:(760) 777-7522 Fax: Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Property: 80-883 Via Savona LLA O-SA-1086471 David Noble (18) (714) 800-4773 (714)800-4965 dnoble@firstam.com 80-885 Via Savona La Quinta, California PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below 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 forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments 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. First American Title Order 17i1NSer: 0-SA-1086471 Page Number: 2 Dated as of July 02, 2003 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: This report is for Lot Line Adjustment purposes only. A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Sedona Homes, Inc., a California corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: rA General and special taxes and assessments for the fiscal year 2003-2004, a lien not yet due or payable. The lien of defaulted taxes for the fiscal year 2002-2003, and any subsequent delinquencies. Tax Rate Area: 020-056 A. P. No.: Amount to redeem: Valid through: Amount to redeem: Valid through: 772-470-016-0 $893.23 July 31, 2003 $904.51 August 31, 2003 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. Although the above supplemental taxes may be a lien, the installments thereof are not yet due or payable. 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. For: 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 FirstAmerican Title Order er: O-SA-1086471 Page Number: 3 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. 5. Reservations contained in the patent from the United States of America, recorded July 3'1, 1905 in Book 3, page 228 of patents, which among other things recites 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 Lands Hereby Granted, a Right of Way Thereon for Ditches, or Canals Constructed by the Authority Of The United States." Reservations contained in the patent from the United States of America, recorded april 1, 1912 in Book 6, page 112 of patents, which among other things recites 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 Lands Hereby Granted, a Right of Way Thereon for Ditches, or Cainals Constructed By The Authority Of The United states." 7. The fact that said land lies within the Coachella Valley soil conservation district, as evidenced by a resolution and order recorded December 13, 1956 in Book 2011, page 519 of Official Records of Riverside County, California. 8. A document entitled "Land Conservation Contract" recorded February 28, 1977 as Instrument No. 32801 of Official Records. 9. The terms, provisions and conditions contained in a document entitled "Agreement', executed by and between Coachella Valley Water District, a public agency, and NRI-CCP I, a Delaware limited liability company, recorded December 28, 2000 as Instrument No. 2000-515110 of Official Records. 10. The terms, provisions and conditions contained in a document entitled "Irrigation Water Service Agreement', executed by and between Coachella Valley Water District, a public agency of the State of California, and NRI-CCP I, a Delaware limited liability company, recorded June 29, 2001 as Instrument No. 2001-298678 of Official Records. It. The terms, provisions and conditions contained in a document entitled 'Reciprocal Easement Agreement', executed by and between NRI-CCP I, LLC, a Delaware limited liability company, and NRI-LQLP Golf properties, LLC, a Delaware limited liability company, recorded June 29, 2001 as Instrument No. 2001-298681 of Official Records. 12. The terms, covenants and conditions contained in an instrument entitled "Domestic Water and/or Sanitation System Installation Agreement' executed by and between Coachella Valley Water District and NRI-CCP I, LLC, recorded May 15, 2002 as Instrument No. 2002-255078 of Official Records. 13. An easement shown or dedicated on the Map as referred to in the legal description For: public utility and incidental purposes. First American Title ® Order'''er: O-SA-1086471 Page Number: 4 14. An easement shown or dedicated on the Map as referred to in the legal description For: drainage and/or utility purposes and access purposes, all shown hereon for private use for the sole benefit of ourselves, successors, assignees and lot owners within this tract and incidental purposes. 15 16. An easement shown or dedicated on the Map as referred to in the legal description For: sewer, water, utility lines and incidental purposes. An easement shown or dedicated on the Map as referred to in the legal description For: inspection, repair, replacement, excavation, laying, construction, installation, maintenance, operation, removal of electrical lines, wires, cables, ducts, supports, fixtures, facilities, appurtenances with the right of ingress, egress over and within same maintenance, operation and emergency vehicles and incidental purposes. 17. The recital on the map of amended Tract No. 29894-2 which, among other things, states: "The Subdivider reserves the Right to Create Easements Burdening the Residential Lots Depicted on this Map for the Exclusive Use of Owners of the Adjoining Lots for such purposes as the. Subdivider shall identify when Transferring the Easements." 18. The terms and provisions contained in the document entitled "Amended and Restated Easement and Road Maintenance Agreement" recorded December 13, 2002 as Instrument No. 2002- 745937 of Official Records. executed by and between ND La Quinta Partners, LLC, a Delaware limited liability company and the Hideaway Owners Association, a California nonprofit mutual benefit corporation. 19. An easement for drainage, utility, landscape and incidental purposes in the document recorded April 24, 2003 as Instrument No. 2003-290634 of Official Records. 20. For the purpose of processing a lot line adjustment using this preliminary report, it is the responsibility of the engineer preparing the lot line adjustment to obtain the necessary deed or deeds as well as all modifications to any deeds of trust encumbering the property. INFORMATIONAL NOTES Note: Wire Instructions for Sub -Escrow Deposits Are As Follows: First American Trust Company Account #15030 114 East Fifth Street Account Name: Santa Ana, CA 92701 Credit to First American Title Company Order No: O-SA-1086471 ABA #12224125S First American Title Company Title Officer: David Noble Disregard if First American is your Escrow Settlement Agent - Contact Escrow Officer for Wire Instructions First American Title Orderer: O-SA-1086471 Page Number: S The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Order Mer: O-SA-1086471 Page Number: 6 LEGAL DESCRIPTION Real property in the City of La Quinta, County of Riverside, State of California, described as follows: Lot 116 of Amended Tract No. 29894-2, as shown on a map filed in Book 327, pages 56 through 88 inclusive of maps, in the Office of the County Recorder of Riverside County, California. APN: 772-470-016-0 First American Title i� IN THE CIIT OF LA OVIN]P. CWNIT OF PIVEFSIOC STATE OF CALIEORNU SHEET ] OF '3 SNCEIS AMENDED TRACT N0. 29894-2 .m �� .� m Nx� m�. m�a �l IZU `� H t]M rt. w�uWwfNlYen�MC WS > rr) nW}yr r54 l��OW NRSa B�irmPur�l BB, tt. [[. 6. J GRAPHIC SCALE PAROLE. CORNWELL A,ASSOCIATES. INC. AVCVST. 5002 C l` N` lomel AVENUE 52 _ W AVENUE 52 LOT rvx LOT C .rV SHECT 32 W �^ COT CE_ _ ___. - ____ • - - L. ' ram wm wm nm wm m �� ° ry nu. ,f m; 1 A rNW. Inn 111 I 11:1 13, 11+1 DIY 2 i nW. LOT V SEE SHEET 32 -CURVE TABLE _I / I / BI?FAR / NOT TO SCALE LOT V wr �•9 1 — SCE SLEET 31 W N W En - N 164 - Nrwr, e. aaarcx Y wfl ..' rn s. 8- ILn awn rFd 'IDS - urns n. d__ W If.`i ma o :31 LT- -LOT HH W lAJ Nal : SSr s - un S aiis • lr.F oep0 '•T o- r LOT AA $ 941 ea SEE SHEET 32 mrz 5 ma nn umYWMMrrw -il'j`'ROl LOT BB {I SEE MEET 32 340 NOiF NIT, IIP a.rrtM M6 Treu tAarm.orts s o.m WRL Karst A-medcan Title assurance Compaz*y THIS MAP IS FOR INFORMATION ONLY AND IS NOT A PART OFTHIS TITLE EVIOENOE Orderer: O-SA-1086471 Page Number: 7 NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub -escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. First American Title ® Order er: O-SA-1086471 Page Number: 8 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any 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. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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; (ii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business' laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy, Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or FirstAmencan Title —" Orderer: O-SA-1086471 Page Number: 9 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. FirstAmerican Title Orderer. O-SA-1086471 Page Number: 10 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the 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; (b) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 First American Title Order er: O-SA-1086471 Page Number: it 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; (i) 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 (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph B above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use - land division * improvements on the land ' environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Tide Risks. First American Title Orderer. O-SA-1086471 Page Number: 12 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 x in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Lain Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use e. land division d. improvements on the land I. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: First American Title Order er: O-SA-1086471 Page Number: 13 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (it) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land OF any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8 (e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: NONE. 13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(10/13/01) WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. First American Title Order er: O-SA-1086471 Page Number: 14 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. b. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: I. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: None. FirstAmerican Title P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 August 19, 2003 Mr. Brad McGee McGee Surveying, Inc. 79-301 Country Club Drive, Suite 102 Bermuda Dunes, Ca 92201 Ref: Lot Line Adjustment Application 2003-404 (The Hideaway) Dear Brad: (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 The Community Development Department has reviewed your Lot Line Application referenced above which was submitted on August 11, 2003, and has determined that it is incomplete. In addition to the information submitted, we are requesting that you submit acceptable legal descriptions of each existing parcel, plat maps for the parcels in question showing the existing and proposed lot lines, Original, unrecorded Grant Deeds for each new parcel, and a title report for parcel 772-470-014 (Title Reports were submitted for the other two parcels). As soon as we receive this additional material requested we will continue to process your application. Should you have any questions or need additional information, please feel free to call me at your convenience at (760) 777-7068. Sincerely, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR U"� MARTIN MAGA A Associate Planner c: Chron file