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LLA 2005-427City of Luinta FINANCE Revenue Coe Community Development Department 78-495 Calle Tampico La Quints California 92253 718Ng125�F 76Q - 233 F (I E O V �//p C I� FEB 9 2005 APPLICATION FOR LOT OFFICE USE; ONLY Case No. LLA a UO�-IA Date �Recvd..Z 14.01 Fee:'+/jZ.SO • O a Related Apps:_ Logged in by: "r- �) APPROVAL LOT LINE ADJUSTMENT applications are reviewed and approved by the Community Development Director pursuant to Chapter 13.32 of the Subdivision Regulations. The purpose of the review is to allow reconfiguration of two or more adjoining lots into sizes or shapes appropriate for desired uses and in compliance with Municipal Code requirements. APPLICANT M D'� GONzv LT I MAILING ADDRE CITY, STATE, ZIP 4v�', Phone No: (C) r] L- 401-j Fax No._��4L- 4a q?j CL OT-(o *Owner "A" Name: LLA A L(M lP TR -4p) Address: r- N fdN y-r 4 �3r LA 6?0) N TA 0_0422:5- �, Phone: (City) (State) rr L'oT- I *Owner "B" Name: LLA rn y) Address: 50- INrr�TUN �T 23r] \\ Witt t L Ll� �O 3 Phone: r7%(7) �7 (City) I (State) (Zip) —1LLL— Le,l-91 1 *Owner "C" Name: (?7Gu 11 a . TR �i53y J Address: 5D - 5 1>)AZl l 1 r 1(aTf/fJ ST: LPc (iIl)trtTA p4A q Phone&9(2 ri - �1P�74 (City) (State) (Zip) *Attach sheet for additional owners PROPERTY DATA Property A: Assessor's Parcel Number:_ Street Address (if any): IN) 04a Property B: Assessor's Parcel Number: 2 Gj a- I ciO- 007 — O Street Address (if any): No NG Property C: Assessor's Parcel Number. Street Address (if any): Noge DESCRIPTION OF ADJUSTMENT REQUESTED: A16:LLA 1-7/16/97 Appvd 2/2000 cdi 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 Quinta 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 td 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 me esf and bounds legal description ption of the new parcels and a plat (8%:" x 11 ") 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 pliffi­showing 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. 'i• i' 'A ': Y i• + ''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 IF NOT SAME AS APPLICANT: NAME OF OWNER - (Print) SIGNATURE OF PROPERTY OWNER "C" IF NOT SAME AS APPLICANT: -1 NAME OF OWNER 5-TEBJEW lAELW (Print) I(Separate written authority by owner to submit DATE DATE__'2'�� Cf DATE DATE DATE D�J ATE DATE DATE may be provided) I hereby certify that all information contained in this application, including all plans and materials required by the City's 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. A161LA 1-7/16/97 Appvd 2/2000 cdi a CiO Of L uinta FINANCERevenue Code OFFICE USEONLY Community Development Department 3 9 �fy Of 78-495 Calle Tampico case No. LLA os - 42-7 La Quinta, California 92253 Date Recvd.__ (760) 777-7125 FAX: (760) 777-1233 Fee: _ Related Apps:_ Logged in by: TN ix+ ✓' 2� APPLICATION FOR LOT LINE ADJUSTMENT APPROVAL LOT LINE ADJUSTMENT applications are reviewed and approved by the Community Development Director pursuant to Chapter 13.32 of the Subdivision Regulations. The purpose of the review is to allow reconfiguration of two or more adjoining lots into sizes or shapes appropriate for desired uses and in compliance with Municipal Code requirements. V + + ��� ��� �f O� y ee .0 O. V Oe lip v .O .. . �.. .. O. O. ��. ... .. . 4, . . O. 'e. + O. 40 *y A 0 APPLICANT N MAILING ADDRESS r 8 - 9 L?d , 4 r7 5 J LIE Pik Phone No. &(v r1 r71 -4Q( > CITY, STATE, ZIP L/ S Fax No. Roo) PROPERTY OWNER „p„ �* \ *Owner ( �A .Name: (/k)Address: ��- ?5 W&%tl (City) I (State) (zip)Phone:l l�L �Iy *0wner-;H"—Name: (City) 'Attach sheet for additional owners Phone: Phone: Z PROPERTY DATA „ Property BrV Assessor's Parcel Number: IUD , 0a — I Street Address (if any): 1 (pgr-, P-ropetti`B- Assessor'alarGW Numhc : $Ieet Addre s+�): ��—�— Pfoperty-C' e um r: S treetAddr�ss{if any) - DESCRIPTION OF ADJUSTMENT REQUESTED: A16:LLA 1-7/16/97 Appvd 2/2000 cdi 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 Quinta 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'h" x 11 ") 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 nunber 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. 44 44'0 ! 4 4 4 4- 44 W 4 4 4 4 4 'O 4 4 4 4 4 4.-:1 4 4 4444- 4. 4 4 44. 4 4 4 4 SIGNATURE OF APPLI, NAME OF APPLICANT_ SIGNATURE OF PROPERTY O) IF NOT SAME AS APPLICANT: NAME OF OWNER STEL SIGNATURE O ROPERTY O) IF NOT SAM AS APPLICANT: NAME OF WNEIR YI a —(5 —Ofi DATE�Z DATE DATE DATE SIGNATURE OF ROPERTY 014NER— IF NOT SAME S APPLICANT: DATE-2 NAME OF ER DATE (Print) ((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's application submission requirements, is, to the best of my knowledge, true and correct. FALSE OR MISLEADING INFORMATION GIVEN IN THIS APPLICA TION 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 _ MUJ-A 00SANkL PRONAT' ALOANK 50-855 WASH1t�(C.TUN 8T. #47 A PNC BANK LA OUINTA, CA 92255 6215-311 2/14/2005 (789) 771-9874 - PAY TO THE City of La Quinta **450.00 ORDER OF Four Hundred Fifty and 00/100*+**+*t+t+********++»*****+++r++****+a..»*++ttwt**+.*+t**+**++t**t*r*++++**t**.+++*+**t***+**+ nnr 1. A.' 78-495 Calle Tampico La Quinta, CA 92253 Lot Line Adjustment Lots 6, 7, 8 & 9 11,00 L Fi 5 hill C0311O0157+: i9;00g329911' 3ELLA OCEANA, L.P. 1651 City of La Quinta 2/14/2005 Construction Cost - Non Reimb:00/90 Legal 450.00 -0 7 DR - Begley 411072 Lot Line Adjustment Lots 6, 7, 8 & 9 450.00 3ELLA OCEANA, L.P. 1651 City of La Quinta .>g'',1/14/2005 Construction Cost - Non Reimb:00/90 Legal - �� 450.00 s, 4 41 1 DB - Begley # 11072 Lot Line Adjustment Lots 6,.7,'8&`9 450.00 EI)DEW%EDp8INE88 FORMS 1+8003280304 xvni.Eelumbrms.com Brian Ching Subject: PCN 05057 BELLA OCEANA LIMITED LLA 2005-427 LOT LINE ADJUSTMENT Status: Completed Percent Complete: 100% Date Completed: Tuesday, May 24, 2005 Total Work: 0 hours Actual Work: 0 hours Owner: Jesse Jimenez Requested By: Jesse Jimenez 05/24/2005 Received Approval of LLA 2005-427 from RASA. Brian reviewed and recommended approval. Send back to Community Development Assistant Planner, Tim Nguyen on 05/24/2005. 03/02/2005 SENT PLAN CHECK ITEM TO RASA FOR REVIEW AS PER BRIANS REQUEST (JGJ) 05/23/2005 RECEIVED PLAN CHECK ITEM FROM RASA WITH APPROVAL LETTER SENT TO BRIAN FOR FINAL REVIEW (JGJ) �o o� � NIN77w pyy�ei� woaspglin l� V1 sering D�pCo By: EXHIBIT "A" LOT LINE ADJUSTMENT NO. 2005-427 LOTS 6, 7, 8, & 9 TRACT NO.28522, MB 274/42-44 LEGAL DESCRIPTION PARCEL A: LOT 6 AND A PORTION OF LOT 7 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 6 OF SAID TRACT, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 6, SOUTH 42°00'00" WEST, 118.35; THENCE SOUTH, 40.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60024151".AN ARC DISTANCE OF 52.72 FEET TO THE BEGINNING OF A REVERSE CURVE: CONCAVE NORTHERLY AND HAVING A RADIUS OF 24.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS NORTH 60024'51" WEST; THENCE WESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 116001'58" AN ARC DISTANCE OF 49.62 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 65.00 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 55°37'07" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 59001'12" AN ARC DISTANCE OF 66.96 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 24.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS NORTH 3024'05" WEST. THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 69044'05" AN ARC DISTANCE OF 29.82 FEET; THENCE NORTH 23°40'00" WEST, 19.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 238.50 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2052'08" AN ARC DISTANCE OF 11.94 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE ALONG THE NORTHERLY LINE OF LOT 6, NORTH 42000'00" EAST, 47.77 FEET; THENCE NORTH 51014'19" EAST, 180.63 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 6 AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 628.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 42°52'37" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9051',43" AN ARC DISTANCE OF 108.09 FEET TO THE NORTHEAST CORNER OF LOT 6 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.686 ACRES, MORE OR LESS. PAGE 1 OF 3 GA634001EGALS%LL%-L.OTS610.DOC 05/12/05 PARCEL B A PORTION OF LOT 7 AND A PORTION OF LOT 6 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7 OF SAID TRACT; THENCE NORTH 65000'00" EAST, 220.63 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 7; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 35008'51" EAST, 7.58 FEET; THENCE SOUTH 47044'23" EAST, 108.28 FEET; THENCE SOUTH 51014'19" WEST, 180.63 FEET TO THE SOUTHERLY LINE OF SAID LOT 7; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 42000'00" WEST, 47.77 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 238.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 63027'52" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28042'52" AN ARC DISTANCE OF 119.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 91.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 34045'00" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 35057'50" AN ARC DISTANCE OF 57.43 FEET TO THE SOUTHWEST CORNER OF SAID LOT AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.706 ACRES, MORE OR LESS PARCEL C A PORTION OF LOT 8 AND A PORTION OF LOT 7 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING A THE SOUTHEAST CORNER OF SAID LOT 8 OF SAID TRACT; THENCE NORTH 65000'00" EAST, 220.63 FEET TO THE NORTHERLY LINE OF LOT 7 AND LOT 8; THENCE ALONG SAID NORTHERLY LINE, NORTH 35008'51" WEST, 136.15 FEET; THENCE SOUTH 60038'30" WEST 189.23 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 8 AND THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 318.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58025'00" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19035'00" AN ARC DISTANCE OF 108.86 FEET TO THE BEGINNING OF A REVERSE CURVE.CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 91.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 78000'00" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A. CENTRAL ANGLE OF 7017'10" AN ARC DISTANCE OF 11.64 FEET TO THE SOUTHEAST CORNER OF SAID LOT 8 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.588 ACRES, MORE OR LESS PAGE 2 OF 3 GA63400%LEGALS%LLAA-L0TS610.DOC 05/12/05 PARCEL D: LOT 9 AND A PORTION OF LOT 8 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF SAID TRACT AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 318.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58025'00" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AND SOUTHWESTERLY LINE OF SAID LOT, THROUGH A CENTRAL ANGLE OF 6055'00" AN ARC DISTANCE OF 38.45 FEET; THENCE NORTH 38030'00" WEST, 68.66 FEET TO THE SOUTHWEST CORNER OF SAID LOT; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT, NORTH 50020'00" EAST, 191.11 FEET TO THE NORTHEASERLY LINE OF SAID LOT; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 37°57'24" EAST, 34.59 FEET TO AN ANGLE POINT ON SAID NORTHEASTERLY LINE; THENCE SOUTH 35°08'51" EAST, 106.57 FEET; THENCE SOUTH 60038'30" WEST, 189.23 FEET TO THE SOUTHEAST CORNER OF LOT 9 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.539 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: �( L. 5588 Exp. 1i-31-05 CHRIS J. BECOH, P.LS 588 DAT EXP. 12/31/2003 �rF-, \F03 PAGE 3 OF 3 G:\63400\LEGALS\LL4-LOTS610.DOC 05/12/05 EXHIBIT 99B 99 LOT LINE ADJUSTMENT NO. 2005-427 LOTS 6-9 TRACT NO. 28522, M.B. 274/42-44. LLAJ5208 INST, 1\10. 98 'r38720 PARCEL -1 0hp2oop� PARCEL D O.539 AC. P.O.B. PAR. D TRACT 1V0. 2B522 ME, 2 /4142-44 LOT LINES REMOVED 00 tJ bp3a30 o,o6'E PARCEL \ 0.588 AC. �p 42�' - 22p63 � 65p0 PARCEL B 52 a 0.706 AC. PARCEL A rf. 0.686 \4 E3 AC. N �� 4kill' � 65 �• 2 Np NV9 5\/ Spy' �a2oa z �� o PREPARED UNDER THE SUPERVISION OF: � � S130S CHRIS J. BERG L.S. 6 DATE PRIVATE STREET J. L.S. 6588 Exp. 12-31-05 j SHEET 1 OF 2 SHEETS O CURVE TABLE NO DELTA RADIUS ARC LGT 50 60'24'51' 50.00' 52.72' 25 116'01'58' 24.50' 4%2' 24 59'01'12' 65.00' 66.96' 23 69'44'05' 24.50' 29.82' 51 2'52'08' 238.50' 11.94' 52 35'57'50' 91.50' 57.43' 53 7'17'10' 91.50' 11.64' 54 6055'00' _ 318.50' 38.45' P.O.B. I PAR. A SCALE 1" =100' 6 45' PRIVATE LANDSCAPE EASEMENT (TYPICAL) LEGEND — EXISTING LOT LINE TO BE REMOVED EXISTING LOT LINE TO REMAIN NEW LOT LINE OLD LOT NO. B NEW PARCEL NO. LOT LINE ADJUSTMENT NO. 2005-427I CITY OF LA QUINTA EXHIBIT "B" SHEET 2 OF 2 SHEETS PARCEL MERGER NO. 2005-427 LOTS 6-9 TRACT NO. 28522, M.B. 274/42-44. EASEMENT NOTES: 1� - INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO IMPERIAL IRRIGATION DISTRICT. 2 - INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO CITY OF LA QUINTA PREPARED UNDER THE SUPERVISION OF: J. 0eFP GP\ � G LS. 6588 CHRIS J. BERGKJL.S. 65t DATE * Exp. 12-31-05 LOT LINE ADJUSTMENT NO. 2005-427 CITY OF LA QUINTA '011.AMERCIAL. UIVRa) l t N RECORDING REQUESTED BY STEWART TITLE of California, Inc. AND WHEN RECORDED MAIL TO: NAME BELLA OCEANA, LP ADDRESS 50.855 WASHINGTON ST., STE. 237 CITY LA QUINTA STATE & ZIP CALIFORNIA, 92253 c -- 102> COPY of Document Recorded on Jl�I2no5 as No. 0(a"`r G has not been compared with original. C'd County Recorder Z(rle- RIVERSIDE COUNTY, CALIFORNIA 4 u II PAOE I_ SIZE I DA I PCOR IJOCOR sMF M1LSC. -, I I N I L II 1 1 COPY I LONG i REFUND I NCHO I E%AM1I� GRANT DEED TITLE ORDER NO. 518285857 ESCROW OR LOAN NO. APN NO. 762.160.006.007, _ 762-150.019.020 TRA NO, 020.025 THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is No Consideration -See below CITY TAX ® Computed on full value of property conveyed, or ❑ Computed on full value less value of liens or encumbrances remaining at time of sale. ❑ Unincorporated area: City of La Quinta FOR A VALUEABLE CONSIDERATION, receipt of which is hereby acknowledged, BELLA OCEANIA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP hereby GRANT(S) to BELLA OCEANA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP the following described real property in the County of Riverside, State of California: This Grant Deed Is being recorded pursuant to Lot Line Adjustment No, 2005-427, as approvecl by the City of La Quints on June 3, 2005. Dated OF CALIFORNIA Riverside) ss. "EXHIBIT A" ATTACHED AND MADE A PART HERETO On ore ne , a Notary Public In and for said State, personally appe d _ personally known to me (or proved to me on the basis of sat isfa ry evidence) to be the person(s) whose camels) is/are subscribed to the 'Ihin instrument and acknowledged to me that he/she/they executed the s e in his/her/their authorized capaclty(ies), and that by his/her/their signal. s) on the Instrument the person(s), or the entity upon behalf of which the on(s), or the entity upon behalf of which the person(s) acted, executed the"Ihidrument. WITNESS my hand and official seal. BELLA OCEANA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP DOCUMEM PROVIDED BY STEWART TITLE (This area far Doladel seal) ORNTOEED ALL PURPOSE ACKNOWLEDGMENT STATE OF OAL-fF@RNIA } /�� Y°""� COUNTY OF _Su,s,<oc x: } ss. On / d JuN ,— floor.. GT before me, personally appeared _ Personally known to me (or proved to me on the basis of satisfactory mes) whose evidence) to be the persons) nais/are subscribed to the within instrument and acknowledged to me that she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Signature attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT. EILEEN P. BUTLER Notary Public, State of New York No. 4876376, Suffolk County Mission Expires Nov. 10 20 (NOTARY 14AL) ---- 1 RANML., It could prevent frauduler Title of Document Type Number of Pages Date of Document Signer(s) Other Than Named Above ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF ---I ss. On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Signature attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT. (FOR NOTARY SEAL OR STAN;') below Title of Document Type Number of Pages _ Date of Document Signers) Other Than Named Above OOCUMEXVppOVIOEU BY BiEWp0.l lXLL' �� N(II�0.Viml ppC EXHIBIT "A" LOT LINE ADJUSTMENT NO.2005-427 LOTS 6, 7, 8, & 9 TRACT NO. 28522, MB 274/42-44 LEGAL DESCRIPTION PARCEL A: LOT 6 AND A PORTION OF LOT 7 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 6 OF SAID TRACT, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 6, SOUTH 42°00'00" WEST, 118.35; THENCE SOUTH, 40.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60°24'51". AN ARC DISTANCE OF 52.72 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 24.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS NORTH 60024'51" WEST; THENCE WESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 116001'58" AN ARC DISTANCE OF 49.62 FEET "TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 65.00 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 55°37'07" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 5900'1'12" AN ARC DISTANCE OF 66.96 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 24.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS NORTH 3024'05" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 69044,051, AN ARC DISTANCE OF 29.82 FEET; THENCE NORTH 23040'00" WEST, 19.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 238.50 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2052'08" AN ARC: DISTANCE OF 11.94 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE ALONG THE NORTHERLY LINE OF LOT 6, NORTH 42000'00" EAST, 47.77 FEET; THENCE NORTH 51014'19" EAST, 180.63 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 6 AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 628.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 42"52'37" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9051'43" AN ARC DISTANCE OF 108.09 FEET TO THE NORTHEAST CORNER OF LOT 6 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.686 ACRES, MORE OR LESS. LOT LINE ADJUSTMENT No. loos - 42"7 APPROVED BY CITY OF LA OUINTA MMuNITY DEVELOPMENT DEPARTMENT BY—��11��,, S A DATE -LL3-1 06 Exhibit ---A --- I CERTIFY UNDER PENALTY OR PERJURY THAT THE ATTACHED COPY IS A TRUE AND CORRECT COPY OF THE ORIGINAL ATTACHED HERETO, PURSUANT TO GOVERNMENT CODE 27361.7 STEM VART TiTL ' F CA, INC. -RIVERSIDE PAGE 1 OF 3 G:\63400\LEGALMLLA-COTS610.DOC 05/12/05 PARCEL B: A PORTION OF LOT 7 AND A PORTION OF LOT 6 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7 OF SAID TRACT; THENCE NORTH 65000'00" EAST, 220.63 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 7; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 35008'51" EAST, 7.58 FEET; THENCE SOUTH 47044'23" EAST, 108.28 FEET; THENCE SOUTH 51014'19" WEST, 180.63 FEET TO THE SOUTHERLY LINE OF SAID LOT 7; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 42000'00" WEST, 47.77 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 238.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 63027'52" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28042'52" AN ARC DISTANCE OF 119.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 91.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 34045'00" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 35057'50" AN ARC DISTANCE OF 57.43 FEET TO THE SOUTHWEST CORNER OF SAID LOT AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.706 ACRES, MORE OR LESS. PARCEL C: A PORTION OF LOT 8 AND A PORTION OF LOT 7 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING A THE SOUTHEAST CORNER OF SAID LOT 8 OF SAID TRACT; THENCE NORTH 65000'00" EAST, 220.63 FEET TO THE NORTHERLY LINE OF LOT 7 AND LOT 8; THENCE ALONG SAID NORTHERLY LINE, NORTH 35008'51" WEST, 136.15 FEET; THENCE SOUTH 60038'30" WEST 189.23 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 8 AND THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 318.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58025'00" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19-35-00" AN ARC DISTANCE OF 108.86 FEET TO THE BEGINNING OF A REVERSE CURVE. CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 91.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE 13EARS SOUTH 78000'00" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7017'10" AN ARC DISTANCE OF 11.64 FEET TO THE SOUTHEAST CORNER OF SAID LOT 8 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0,588 ACRES, MORE OR LESS. LOT LINE ADJUSTMENT No. ?225 - �I'1.? APPROVED BY CITY OF LA QUINTA MM NITY DEVELOPMENT DEPARTMENT BY Gv'kSGttit DATE 3 oS Exhibit 4_ I CERTIFY UNDER PENALTY OR PERJURY THAT THE ATTACHED COPY IS ATRUE AND CORR CT COPY OF THE ORIGINAL ATTACHED HERETO, PURSUANT TO GOVERNMENT CODE 27361.7 STEYVAR 1 ! :i1 CA, INC. - RIl/ERSIDE PAGE 2 OF 3 G:\63400\LEGALS\LLA-LOTSt3t O.DOC OS/UM PARCEL D: LOT 9 AND A PORTION OF LOT 8 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH.44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF SAID TRACT AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 318.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58025'00" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AND SOUTHWESTERLY LINE OF SAID LOT, THROUGH A CENTRAL ANGLE OF 6055'00" AN ARC DISTANCE OF 38.45 FEET; THENCE NORTH 38"30'00" WEST, 68.66 FEET TO THE SOUTHWEST CORNER OF SAID LOT; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT, NORTH 50"20'00" EAST, 191.11 FEET TO THE NORTHEASERLY LINE OF SAID LOT; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 37057'24" EAST, 34.59 FEET TO AN ANGLE: POINT ON SAID NORTHEASTERLY LINE; THENCE SOUTH 35008'51" EAST, 106.57 FEET; THENCE SOUTH 60°38'30" WEST, 189.23 FEET TO THE SOUTHEAST CORNER OF LOT 9 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.539 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: �� c5 J. a v s SI3 Q L.S. 6588 CHRIS J. BE H, P.L.S 588 DAT * Em 12-31-05 EXP. 12/31I2003 sl LOT LINE ADJUSTMENT No. 2'005 - 4X7 APPROVED BY CITY OF LA OUINTA COM NITY DEVELOPMENT DEPARTM NT BY�JGitnrz� —DATE l0 3 O, Exhibit PAGE 3 OF 3 G:\63400\LEGALS\LLA-LCIT:3610.DOC 05/12/05 EXHIBIT99B99 SHEET 1 OF 2 SHEETS LOT LINE ADJUSTMENT NO. 2005-427 JTS 6-9 TRACT NO. 28522, M.B. 274/42-44LOT LINE ADJUSTMENT No. 2005 -10 X \Dl'� PARCE 0.539 AC. \ e� J P.O.B. PAR. D NT�O'E_ Rpp-PRC P.O.Q. PAR. B PAR. C TRACT No. 23622 > 13, 2/4/42-441 /Nbp gam'°� N 50'25'00'E PARCEL Rao 0.588 AC. 3 APPROVED BY CITY OF lA QUINTA COMMUNITY DEVELOPMENT DEPAI By S�tt"rA `DATE Exhibit V _ L L A 06--208 INST, Nol 08--4133720 PARCrl, -1 O CURu'E: TABLE �p A2`�°t 22pb� RPM pp1E. N 65 pN PDAR C EL B . LOT LINES E REMOVED 5 / 16411,•1p ova �� ��°� ah� PARCEL A sr £i 0.686 AC. E 23 q°p0v � a2� H kill�g5 N'" 7 0 5 LO-r N 84'20'00' E PRIVATE PREPARED UNDER THE SUPERVISION OF: STREET S 13 O� pNP\, LAND S CHRIS J. BERG L.S. 6 DATE 4��y 5 J. BF GPI a U S m.- O R s E 9B-900 A... 49, #208 L.S. 6588 La gainla, CA 92253 Exp. 12-31-051 KI CH NO DELTA RADIUS ARC LGT 50 60'24'51' 50,00' 52,72' 25 116'01'58' 24.50' 49.62' 24 59'01'12' 65.00' 66.96' 23 69.44'05' 24.50' 29.82' 51 2'52'08' 238,50' 11.94' 52 35457'50' 91,50' 57,43' 53 7'17'10' 91.50' 11.64' 54 6'55'00' 818,50' 38,45' P.O.B. PAR. A SCALE 1"=100' 45' PRIVATE LANDSCAPE EASEMENT (TYPICAL) LEGEND -- — EXISTING LOT LINE TO BE REMOVED EXISTING LOT LINE TO REMAIN NEW LOT LINE E OLD LOT NO. B NEW PARCEL NO. ° 5 H a k.:,;o:,, <o» 9rF of Foc' LOT M ADJUSTMENT NO. 2005-427 CA CITY OF LA QUINTA PLANNERS ENGINEERS SURVEYORS 'EXHIBIT "B" SHEET 2 OF 2 SHEETS PARCEL MERGER NO. 2005-427 LETS 6-9 TRACT NO. 28522, M.B EASEMENT NOTES: 1❑ - INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO IMPERIAL IRRIGATION DISTRICT. 2�- INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO CITY OF LA QUINTA 274/42-44. LOT LINE ADJUSTMENT No. 2a05 -'4a-7 APPROVED BY CITY OF LA QUINTA COMMUNITY"DEVELOPMENT DEPA T ENT BY aLA GA&&r& DATE 3 o 6 Exhibit 13 PREPARED UNDER THE SUPERVISION OF: ��' J. V 1131Q� U L.S. 6586 (HRIS J. BERG L.S. 65 DATE * EXp, 12-31-05 M O R S E 78-900 Ave. 47, #205 L. W.I., CA 92250 D O K I C H V.11.: 760-771.4013 S C H O I 17 FAX: 760471.4070 I CERTIFY UNDER PENALTY OR PERJURY THAT THE ATTACHED COPY IS A TRUE AND CORRECT COPY OF THE ORIGINAL ATTACHED HERETO, PURSUANT TO GOVERNMENT CODE Z2761.7 STEWART TITLE , INC. - RIVERSIDE r LOT LINE ADJUSTMENT NO, 2005-427 CITY OF LA QUINTA PLANNERS EN GI N EE It SURVEYORS 78-900 Avenue 47, Ste. 208 La Quinta, CA 92253 VOICE: 760.771-4013 FAX: 760.771-4073 E-MAIL: mdslacuintaO)rndsconsultinamet NO. OF ITEMS: DESCRIPTION: I TRANSMITTAL To: City of La Quinta, Community Dev. Date: June 23, 2005 Address: 78-495 Calle Tampico Job #: 634-00 La Quinta, CA 92253 Attention: Stan Sawa Subject: LLA 2005-427 From: Victor Villeneuve cc: file 1 Ea I COpV - Recorded Grant Deed for LLA 2005-427 THE ABOVE ITEMS ARE SUBMITTED: I' AT YOUR REQUEST I FOR YOUR REVIEW FORYOURFILES FORYOURAPPROVAL FORYOURUSE FOR YOUR INFO THE ABOVE ITEMS ARE TRANSMITTED: (V HERFVITH I- VIA DELIVERY r UNDER SEPARATE COVER MESSAGE: Stan, Copy for your records. y J,, 2 1. - ��' INAERCIAL DIVIS.'�f� COPY of DocOnent Recorded RECORDING REQUESTED BY STEWART TITLE of California, Inc. AND WHEN RECORDED MAIL TO: NAME BELLA OCEANA, LP ADDRESS 50-855 WASHINGTON ST., STE. 237 CITY LA QUINTA STATE & ZIP CALIFORNIA, 92253 TITLE ORDER NO. 518285857 on JUN 2 1 2005 as No. 5Z 00 -f;:�'" y�� has not been compared with original. U" County Recorder ,/(J RIVERSIDE COUNTY, CALIFORNIA M S U PAGE SIZE DA PCOR NOCOR SW MISC. tAR L COPY LONG REFUND NOHG ExAM GRANT DEED ESCROW OR LOAN NO. APN NO. 762-150-006-007, 762.150.019.020 TRA NO. 020-025 THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is No Consideration -See below CITY TAX ® Computed on full value of property conveyed, or ❑ Computed on full value less value of liens or encumbrances remaining at time of sale. ❑ Unincorporated area: City of La Quinta FOR A VALUEABLE CONSIDERATION, receipt of which is hereby acknowledged, BELLA OCEANA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP hereby GRANT(S) to BELLA OCEANIA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP the following described real property in the County of Riverside, State of California: This Grant Deed is being recorded pursuant to Lot Line Adjustment No. 2005-427, as approved by the City of La Quinta on June 3, 2005. "EXHIBIT A" ATTACHED AND MADE A PART HERETO Dated ATE OF CALIFORNIA rmkofRiverside ss. On ore me _, a Notary Public in and for said State, personally appe d _personally known to me (or proved to me on the basis of satisfa ry evidence) to be the persons) whose name(s) is/are subscribed to the ithin instrument and acknowledged to me that he/she/they executed the slmtie in his/her/their authorized capacity(ies), and that by his/her/their signal s) on the instrument the person(s), or the entity upon behalf of which the on(s), or the entity upon behalf of which the person(s) acted, executed the TrIs4rument. WITNESS my hand and official seal. BELLA OCEANA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP y (This area for notarial seal) DOCUMENT PROVIDED BY STEWART TITLE GRNTDEED ALL PURPOSE ACKPOWLEDGMENT STATE OF GAL�NIA COUNTY OF Sv=r-=-A-- On /0 } ML— YaA,' } ss. before me, ✓`„� ��c-r </�« �/r� z personally appeared personally known to me (or proved to me on the basis of satistactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ATTENTION NOTARY: Although the information attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT. EILEEN P. BUTLER Notary Public, State of New York No. 4876376, Suffolk County immission Expires Noov R10 '20.°64 prevent Title of Document Type Number of Pages _ Date of Document _ Signer(s) Other Than Named Above ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On } ss. before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (FOR NOTARY SEAL OR STAMP) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages _ Date of Document Signer(s) Other Than Named Above We 4NENT PROM D8Y 5TE ART TITLE ND RY2m1U EXHIBIT "A" LOT LINE ADJUSTMENT NO. 2005-427 LOTS 6, 7, 8, & 9 TRACT NO. 28522, MB 274/42-44 LEGAL DESCRIPTION PARCEL A: LOT 6 AND A PORTION OF LOT 7 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 6 OF SAID TRACT, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 6, SOUTH 42000'00" WEST, 118.35; THENCE SOUTH, 40.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60024'51".AN ARC DISTANCE OF 52.72 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 24.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS NORTH 60024'51" WEST; THENCE WESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 116001'58" AN ARC DISTANCE OF 49.62 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 65.00 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 55037'07" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 59001'12" AN ARC DISTANCE OF 66.96 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 24.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS NORTH 3024'05" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 69044,05'. AN ARC DISTANCE OF 29.82 FEET; THENCE NORTH 23040'00" WEST, 19.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 238.50 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2052'08" AN ARC DISTANCE OF 11.94 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE ALONG THE NORTHERLY LINE OF LOT 6, NORTH 42000'00" EAST, 47.77 FEET; THENCE NORTH 51014'19" EAST, 180.63 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 6 AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 628.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 42052,371, WEST', THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9051'43" AN ARC DISTANCE OF 108.09 FEET TO THE NORTHEAST CORNER OF LOT 6 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.686 ACRES, MORE OR LESS. LOT LINE ADJUSTMENT No. 10C) S - 427 APPROVED BY CITY OF LA OUINTA COMM-�INITY DEVELOPMENT DEPARTMENT BY SAvv- - DATE 3 06 Exhibit H PAGE 1 OF 3 G:\63400\LEGALSILLA-LOTS610.DOC 05/12/05 PARCEL B A PORTION OF LOT 7 AND A PORTION OF LOT 6 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7 OF SAID TRACT; THENCE: NORTH 65000'00" EAST, 220.63 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 7; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 35°08'51" EAST, 7.58 FEET; THENCE SOUTH 47°44'23" EAST, 108.28 FEET; THENCE SOUTH 51014'19" WEST, 180.63 FEET TO THE SOUTHERLY LINE OF SAID LOT 7; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 42000'00" WEST, 47.77 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 238.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 63027'52" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28042'52" AN ARC DISTANCE OF 119.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 91.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 34°45'00" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 35057'50" AN ARC DISTANCE OF 57.43 FEET TO THE SOUTHWEST CORNER OF SAID LOT AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.706 ACRES, MORE OR LESS PARCEL C A PORTION OF LOT 8 AND A PORTION OF LOT 7 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING A THE SOUTHEAST CORNER OF SAID LOT 8 OF SAID TRACT; THENCE NORTH 65000'00" EAST, 220.63 FEET TO THE NORTHERLY LINE OF LOT 7 AND LOT 8; THENCE ALONG SAID NORTHERLY LINE, NORTH 35008'51" WEST, 136.15 FEET; THENCE SOUTH 60038'30" WEST 189.23 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 8 AND THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 318.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58025'00" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19-35-00" AN ARC DISTANCE OF 108.86 FEET TO THE BEGINNING OF A REVERSE CURVE.CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 91.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 78000'00" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7017'10" AN ARC DISTANCE OF 11.64 FEET TO THE SOUTHEAST CORNER OF SAID LOT 8 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.588 ACRES, MORE OR LESS LOT LINE ADJUSTMENT No. 2005 ~ ` - -1 APPROVED BY CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT BY maw\.'5&LLM DATE &15 10c, Exhibit k_ PAGE 2 OF 3 G:\63400\LEGALS\LLA-LOTS610.DOC 05/12/05 PARCEL D: LOT 9 AND A PORTION OF LOT 8 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF SAID TRACT AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 318.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58025'00" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AND SOUTHWESTERLY LINE OF SAID LOT, THROUGH A CENTRAL ANGLE OF 6055'00" AN ARC DISTANCE OF 38.45 FEET; THENCE NORTH 38030'00" WEST, 68.66 FEET TO THE SOUTHWEST CORNER OF SAID LOT; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT, NORTH 50020'00" EAST, 191.11 FEET TO THE NORTHEASERLY LINE OF SAID LOT; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 37057'24" EAST, 34.59 FEET TO AN ANGLE POINT ON SAID NORTHEASTERLY LINE; THENCE SOUTH 35008'51" EAST, 106.57 FEET; THENCE SOUTH 60038'30" WEST, 189.23 FEET TO THE SOUTHEAST CORNER OF LOT 9 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.539 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: 130 CHRIS J. BECOH, P.L.S 588 'DATE EXP. 12/31 /2003 LOT LINE ADJUSTMENT No. ZCX05 - 4,:. APPROVED BY CITY OF LA QUINTA COM LAITY DEVELOPMENT DEPARTMENT BY �aVA AMAM DATE l0 3 O5- Exhibit JoG J. U = L.S. 6588 Exp. 12-31-05 �Ar ol>�` I CERTIFY UNDER PENALTY OR PERJURY THAT THE ATTACHED COPY IS A TRUE AND CORRECT COPY OF THE ORIGINAL ATTACHED HERETO, PURSUANT TO PAGE 3OF3 G:\63400\LEGALS\LLA-L6TS610.D0C 05/12/05 EXHIBIT»D SHEET 1 OF 2 SHEETS LOT LINE ADJUSTMENT NO. 2005-427 LOTS 6-9 TRACT NO. 28522, M.B. 274/42-44LOT LINE ADJUSTMENT No. ZOi�'-' 10 X\ D \ 0.539 AC. .,/,o 'D l TEW1 PAR. B PAR. C APPROVED BY CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPA BY "— " 'Eaaym DATE J Exhibit L L A J 5-209 INST, NO, JH 433729 y PARCEL 1 �s Vs L1 \/�boaa N 58'25'00'E PARCEL C �`RA\ 0.588 AC. TFRr\CT NO, 2,3527 NIB, 274/42-44 EXIST. LOT LINES yz TO 8E REMOVED PO ,E � byp000 PARCEL B 0.706 AC. 7 rr Z`U N g2pppp� 4lTDl �,�r, 51 0 PREPARED UNDER THE SUPERVISION OF: L� w I3k CHRIS J. BERG L.S. 6tp DATE m 0 R 5 E 28-900 Ave. 47, #208 ® La quimD, CA 92253 DOKICH • Vai4e:)60-771-4010 5 C H U L T z FAX: 760-771.4073 PLANNERS ENGINEERS SURVEYORS PARCEL A 0.686 AC. ' O' Q`i.� 45w o�� l L Q T PRIVATE STREET Z i U I c L.S. * 6588 ExP. 12-31-05 O CURVE: TABLE NO DELTA RADIUS ARC LGT 50 60.24'51' 50,00' 52.72' 25 116.01'58' 24.50' 49.62' 24 59401'12' 65.00' 66.96' 23 69444'05' 24,50' 29.82' 51 2'52'08' 238,50' 11.94' 52 35.57'50' 91.50' 57.43' 53 7417'10' 91,50' 11,64' 54 6455'00' 318,50' 38.45' P.O.B. I PAR. A �b ti0 �P SCALE 1"=100' 45' PRIVATE rRLWOSCAPE FASEMEM (TYPICAL) UNDER PENALTY OR PERJUR f THE ATTACHED COPY IS ATRUE CORRECT COPY OF THE ORIGINAL kCHED HERETO, PURSUANT TO 'ERNMENT CODE 27361.7 — EXISTING LOT LINE TO BE REMOVED EXISTING LOT LINE TO REMAIN NEW LOT LINE OLD LOT NO, B NEW PARCEL NO. LOT LINE ADJUSTMENT NO. 2006-427 CITY OF LA QUINTA EXHIBIT 99 SHEET 2 OF 2 SHEETS PARCEL MERGER NO. 2005-427 LOTS 6-9 TRACT NO. 28522, M.B. 274/42-44. EASEMENT NOTES: - INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO IMPERIAL IRRIGATION DISTRICT. - INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO CITY OF LA QUINTA LOT LINE ADJUSTMENT No. 2c)0`5 - j4z-7 APPROVED BY CITY OF LA OUINTA COMM�11U-NITY DEVELOPMENT DEPA T ENT BY ` 'GAW'A DATE (0 3 0 6 Exhibit E) PREPARED UNDER THE SUPERVISION OF: IL � � og sil3k CHRIS J. BERG L.S. 65t DATE m o 8 5 [ 98-900 Ave. 49, #208 ® Le W.I., CA 92353 DONICN RPLANNERS Voice: 960d11-4013 s c N u L r zFAX: 760-771-4093 ENGINEERS SURVEYORS J. g JGf\ L.S. 6588 * Exp. 12-31-05 �T9TF OF f'AI_\F���\P LOT LINE ADJUSTMENT NO. 2005-427 CITY OF LA QUINTA title of California, inc. INLAND EMPIRE DIVISION 3403 Tenth Street, Suite 400 o Riverside, California 92501 951-276-2700 951-276-2306 (FAX) I � M b ,'• toDi �+ *Stewart Title Escrow of Ca. 760-568-1874 44-350 Monterey Avenue Palm Desert, Ca. 92260 FAX 760-568-5479 Attn: Beatrice RE: a R p0pST4mkT1ICN BIILIIU NJ: 5-18-285857 (OPEN) YCLR REF: W I A OCEAM LTD. PMIP. Rg)aM: June 21, 2005 @ 8:00 a.m. OIKLY: Riverside County', Ca. -------- 0---------- --® -------- GRANT DEED #2005-491413 6-21-05 $60.00 (BELLA OCEANA LTP PTSHP BELLA OCEANA LTD. PTSHP PURSUANT TO LLA0005-427) nburdick/ssm TOTAL DUE UPON RECEIPT $60.00 Please remit cc: Patricia Caudillo -Subdivision Dept. COUNTY CONFORMED COPY OF DOCUMENT(s) ENCLOSED ji REHM COPY OF MWCE WMJ PMMU RR FFOM CEMIT � REUM TO A'lTQ1!'CCN OF SfI KN MMN I y SON DEPATM4MN c v. cc: City of La Quinta 78-495 Calle Tampico La Quinta, Ca. 92253 Attn: Stan Sawa RE: LLA 2005-427 Y.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLL TAMPICO 1 760) 777-7000 LA QuINiA, CALIFORNIA 92253 FAX (760) 777-7101 June 3, 2005 County Recorder County of Riverside Post Office Box 751 Riverside, Calif. 92502 Subject: Recording of Lot Line Adjustment 2005-427 To Whom It Concerns: The City of La Quinta has approved the above noted Lot Line Adjustment in La Quinta. Please allow ecording as presented by Bella OA1Lna Limited Partnershig OLOV C or their representative. Mr Should you have any questions, please call me at (760) 777-7064. Very truly yours, R)- STAN B. SAWA Principal Planner sbs P:\stan\lla 2005-427 co rec.doc 11 5l tw/+►� I I I t �� .. `'.nl`AMERCIAL DIVIS!' COPY of DocVnent Recorded RECORDING REQUESTED BY STEWART TITLE of California, Inc. AND WHEN RECORDED MAIL TO: NAME BELLA OCEANA, LP ADDRESS 50-855 WASHINGTON ST., STE. 237 CITY LAQUINTA STATER ZIP CALIFORNIA, 92263 on 111N 2 12005 as No. -5E L has not been compared with original. County Recorder ,rR-- RIVERSIDE COUNTY, CALIFORNIA M $ U PAGE sl E OA PCOP NOCOF SMF MISC. H R L COPY LONG REFUND NCNG ExAM GRANT DEED TITLE ORDER NO. 518285857 ESCROW OR LOAN NO. APN NO. 762.150-006-007, 762.150-019-020 TRA NO. 020-025 THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is No Consideration -See below CITY TAX ® Computed on full value of property conveyed, or ❑ Computed on full value less value of liens or encumbrances remaining at time of sale. ❑ Unincorporated area: City of La Quinta FOR A VALUEABLE CONSIDERATION, receipt of which is hereby acknowledged, BELLA OCEANA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP hereby GRANT(S) to BELLA OCEANA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP the following described real property in the County of Riverside, State of California: This Grant Deed is being recorded pursuant to Lot Line Adjustment No. 2005-427, as approved by the City of La Quinta on June 3, 2005. "EXHIBIT A" ATTACHED AND MADE A PART HERETO Dated: ATE OF CALIFORNIA Ihty of Riverside) ss. On dm_, ore e a Notary Public in and for said State, personally appe _ personally known to me (or proved to me on the basis of satisfa ry evidence) to be the persons) whose name(s) is/are subscribed to the 'thin instrument and acknowledged to me that he/she/they executed the s e in his authorized capacity(ies), and that by his/her/their signat s) on the instrument the person(s), or the entity upon behalf of which the on(s), or the entity upon behalf of which the person(s) acted, executed the rument. WITNESS my hand and official seal. BELLA OCEANA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (ThiS area for noWnal seal) DOCUMENT PROVIDED BY STEWART TITLE GRNTDEEO 0 0 'ALL PURPOSE ACKNOWLEDGMENT STATE OF OAt4F&kNIA } A ---, I A,i COUNTY OF .Su Gi% < } ss. On yd Jude doer before me, 7�. dd % personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ATTENTION NOTARY: Although the informant attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT. EILEEN P. BUTLER Notary Public, State of New York No. 4876376, Suffolk County immission Expires Noav 10�20 !C2 4� is OPTIONAL, it could prevent Title of Document Type Number of Pages_ Date of Document Signer(s) Other Than Named Above ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On } ss. before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (FOR NOTARY SEAL OR STAMP) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages _ Date Signer(s) Other Than Named Above of Document oo —lM laawmeo..11Awn Tnne wT Aavzmi ooc EXHIBIT "A" LOT LINE ADJUSTMENT NO. 2005-427 LOTS 6, 7, 8, & 9 TRACT NO. 28522, MB 274/42-44 LEGAL DESCRIPTION PARCEL A: LOT 6 AND A PORTION OF LOT 7 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 6 OF SAID TRACT, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 6, SOUTH 42000'00" WEST, 118.35; THENCE SOUTH, 40.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60024'51 AN ARC DISTANCE OF 52.72 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 24.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS NORTH 60024'51" WEST; THENCE WESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 116001'58" AN ARC DISTANCE OF 49.62 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 65.00 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 55°37'07" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 59001'12" AN ARC DISTANCE OF 66.96 FEET TO THE BEGINNING OF A [REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 24.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS NORTH 3024'05" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 69044,05" AN ARC DISTANCE OF 29.82 FEET; THENCE NORTH 23°40'00" WEST, 19.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 238.50 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2052'08" AN ARC DISTANCE OF 11.94 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE ALONG THE NORTHERLY LINE OF LOT 6, NORTH 42000'00" EAST, 47.77 FEET; THENCE NORTH 51014'19" EAST, 180.63 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 6 AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 628.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 42052'37" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9051'43" AN ARC DISTANCE OF 108.09 FEET TO THE NORTHEAST CORNER OF LOT 6 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.686 ACRES, MORE OR LESS. LOT LINE ADJUSTMENT No. 700' - ` -a-7 APPROVED BY CITY OF LA QUINTA COMM NITY DEVELOPMENT DEPARTMENT BY DATE 3 05 Exhibit A+ PAGE 1 OF 3 G163400\LEGALS\LLA-LC•TS610.DOC 05/12/05 EXHIBIT "A" LOT LINE ADJUSTMENT NO.2005-427 LOTS 6, 7, 8, & 9 TRACT NO. 28522, MB 274/42-44 LEGAL DESCRIPTION PARCEL A: LOT 6 AND A PORTION OF LOT 7 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 6 OF SAID TRACT, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 6, SOUTH 42000'00" WEST, 118.35; THENCE SOUTH, 40.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60024'51". AN ARC DISTANCE OF 52.72 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 24.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS NORTH 60024'51" WEST; THENCE WESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 116001'58" AN ARC DISTANCE OF 49.62 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 65.00 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 55037'07" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 59001'12" AN ARC DISTANCE OF 66.96 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 24.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS NORTH 3024'05" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 69044'05" AN ARC DISTANCE OF 29.82 FEET; THENCE NORTH 23040'00" WEST, 19.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 238.50 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2052'08" AN ARC DISTANCE OF 11.94 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE ALONG THE NORTHERLY LINE OF LOT 6, NORTH 42000'00" EAST, 47.77 FEET; THENCE NORTH 51014'19" EAST, 180.63 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 6 AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 628.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 42052137" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9051'43" AN ARC DISTANCE OF 108.09 FEET TO THE NORTHEAST CORNER OF LOT 6 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.686 ACRES, MORE OR LESS. LOT LINE ADJUSTMENT No. 222`` - 22 4 APPROVED BY CITY OF LA OUINTA COMMUNITY DEVELOPMENT DEPARTMENT BY —5trm, f54A& & DATE 113(.26 I CERTIFY UNDER PENALTY OR PERJURY THAT THE ATTACHED COPY IS A TRUE AND CORRECT COPY OF THE ORIGINAL ATTACHED HERETO, PURSUANT TO GOVERNMENT CODE 27361.7 STET VART TiTLFIQF CA, Pi+C, - 21VERSIDE Exhibit Po PAGE 1 OF 3 G:\63400\LEGALS\LLA-LOTS610.DOC 05/12/05 PARCEL B: A PORTION OF LOT 7 AND A PORTION OF LOT 6 AS SHOWN ON TRACT MAP NO.28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7 OF SAID TRACT; THENCE NORTH 65000'00" EAST, 220.63 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 7; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 35-08'51" EAST, 7.58 FEET; THENCE SOUTH 47°44'23" EAST, 108.28 FEET; THENCE SOUTH 51°14'19" WEST, 180.63 FEET TO THE SOUTHERLY LINE OF SAID LOT 7; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 42000'00" WEST, 47.77 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 238.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 63027'52" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28042'52" AN ARC DISTANCE OF 119.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 91.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 34°45'00" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 35057'50" AN ARC DISTANCE OF 57.43 FEET TO THE SOUTHWEST CORNER OF SAID LOT AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.706 ACRES, MORE OR LESS. PARCEL C: A PORTION OF LOT 8 AND A PORTION OF LOT 7 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE. COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING A THE SOUTHEAST CORNER OF SAID LOT 8 OF SAID TRACT; THENCE NORTH 65000'00" EAST, 220.63 FEET TO THE NORTHERLY LINE OF LOT 7 AND LOT 8; THENCE ALONG SAID NORTHERLY LINE, NORTH 35008'51" WEST, 136.15 FEET; THENCE SOUTH 60038'30" WEST 189.23 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 8 AND THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 318.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58025'00" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19°35'00" AN ARC DISTANCE OF 108.86 FEET TO THE BEGINNING OF A REVERSE CURVE.CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 91.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 78000'00" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7017'10" AN ARC DISTANCE OF 11.64 FEET TO THE SOUTHEAST CORNER OF SAID LOT 8 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.588 ACRES, MORE OR LESS. LOT LINE ADJUSTMENT No. 2-005 - ` -Z7 APPROVED BY CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT BY 'r7b6vti\. ZGVJZt, DATE 3 05 Exhibit — PAGE 2 OF 3 G:\63400\LEGALS\LLA-L0TS610.D0C 05/12/05 PARCEL B: A PORTION OF LOT 7 AND A PORTION OF LOT 6 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7 OF SAID TRACT; THENCE NORTH 65000'00" EAST, 220.63 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 7; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 35-08'51" EAST, 7.58 FEET; THENCE SOUTH 47044'23" EAST, 108.28 FEET; THENCE SOUTH 51*14'19" WEST, 180.63 FEET TO THE SOUTHERLY LINE OF SAID LOT 7; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 42000'00" WEST, 47.77 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 238.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 63027'52" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28042'52" AN ARC DISTANCE OF 119.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 91.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 34045'00" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 35057'50" AN ARC DISTANCE OF 57.43 FEET TO THE SOUTHWEST CORNER OF SAID LOT AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.706 ACRES, MORE OR LESS. PARCEL C: A PORTION OF LOT 8 AND A PORTION OF LOT 7 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING A THE SOUTHEAST CORNER OF SAID LOT 8 OF SAID TRACT; THENCE NORTH 65000'00" EAST, 220.63 FEET TO THE NORTHERLY LINE OF LOT 7 AND LOT 8; THENCE ALONG SAID NORTHERLY LINE, NORTH 35008'51" WEST, 136.15 FEET; THENCE SOUTH 60038'30" WEST 189.23 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 8 AND THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 318.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58025'00" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19035'00" AN ARC DISTANCE OF 108.86 FEET TO THE BEGINNING OF A REVERSE CURVE.CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 91.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 78000'00" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7017'10" AN ARC DISTANCE OF 11.64 FEET TO THE SOUTHEAST CORNER OF SAID LOT 8 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.588 ACRES, MORE OR LESS. LOT LINE ADJUSTMENT No. 1009 - 4-0 APPROVED BY CITY OF LA OUINTA COMMUNITY DEVELOPMENT DEPARTMENT BY DATE 3 OS Exhibit --A — --- I CERTIFY UNDER PENALTY OR PERJURY THAT THE ATTACHED COPY IS A TRUE AND CORRECT COPY OF THE ORIGINAL ATTACHED HERETO, PURSUANT TO GOVERNMENT CODE 27361.7 STEYVAi ,' �; F CA, INC. - RIVERSIDE PAGE 2 OF 3 G:\63400\LEGALS\LLA-LOTS610.DOC 05/12/05 PARCEL D: LOT 9 AND A PORTION OF LOT 8 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF SAID TRACT AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 318.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58025'00" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AND SOUTHWESTERLY LINE OF SAID LOT, THROUGH A CENTRAL ANGLE OF 6055'00" AN ARC DISTANCE OF 38.45 FEET; THENCE NORTH 38030'00" WEST, 68.66 FEET TO THE SOUTHWEST CORNER OF SAID LOT; THENCE ALONG THE NORTHWESTERLY LINE: OF SAID LOT, NORTH 50°20'00" EAST, 191.11 FEET TO THE NORTHEASERLY LINE OF SAID LOT; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 37057'24" EAST, 34.59 FEET TO AN ANGLE POINT ON SAID NORTHEASTERLY LINE; THENCE SOUTH 35008'51" EAST, 106.57 FEET; THENCE SOUTH 60038'30" WEST, 189.23 FEET TO THE SOUTHEAST CORNER OF LOT 9 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.539 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: �v I�O G L.S. 6538 Exp. 12-;iP CHRIS J. BE H, P.L.S 588 'DATE EXP. 12/31/2003 PGx, ,c qTE pF rni \ta/ LOT LINE ADJUSTMENT No. Za05-'4a�7 APPROVED BY CITY OF LA QUINTA COMnNITY EVELOPMENDTADEPARTMENT B"VI 64W-A Exhibit PAGE 3 OF 3 G:\63400\LEGALS\LLA-L0TS610.D0C 05/12/05 PARCEL D: LOT 9 AND A PORTION OF LOT 8 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF SAID TRACT AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 318.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58025'00" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AND SOUTHWESTERLY LINE OF SAID LOT, THROUGH A CENTRAL ANGLE OF 6055'00" AN ARC DISTANCE OF 38.45 FEET; THENCE NORTH 38030'00" WEST, 68.66 FEET TO THE SOUTHWEST CORNER OF SAID LOT; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT, NORTH 50020'00" EAST, 191.11 FEET TO THE NORTHEASERLY LINE OF SAID LOT; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 37°57'24" EAST, 34.59 FEET TO AN ANGLE POINT ON SAID NORTHEASTERLY LINE; THENCE SOUTH 35"08'51" EAST, 106.57 FEET; THENCE SOUTH 60038'30" WEST, 189.23 FEET TO THE SOUTHEAST CORNER OF LOT 9 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.539 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: (*Exp. 'f p G,p\Y 588 12-31-05CHRIS J. BE H, P.L.S 588 DAT QEXP. 12/31/2003 OF !`Al \F;/ LOT LINE ADJUSTMENT No. 20,05 - /4a:-7 APPROVED BY CITY OF LA QUINTA COM NITY DEVELOPMENT DEPARTMENT BY �644AM DATE 3 O� Exhibit PAGE 3OF3 I CERTIFY UNDER PENALTY OR PERJURY THAT THE ATTACHED COPY IS A TRUE AND CORRECT COPY OF THE ORIGINAL ATTACHED HERETO, PURSUANT TO G:\63400\LEGALS\LLA-L6TS610-DOC 05/12/05 EXHIBITSHEET 1 OF 2 SHEETS LOT LINE ADJUSTMENT NO. 2005-427 LOTS 6-9 TRACT NO. 28522, M.B. 274/42-44LOTLINE ADJUSTMENT No. 10-25' JO PARCEL D 0.539 AC. , x0 - I APPROVED BY CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPA BY DATE ki Exhibit 'Y _ LLA95208 1JNSJ 1'. NO, 06-433720 ti PARCEL -1 �s 0 0� R sRAo'oo'E PARCEL <„ \ 0.588 AC. �Wo PAR. D �63 . LOT LINES E REMOVED v� ap2`4PO N TOE PARCEL B RAD-RRC a 0.706 AC. b� 4a A P.O.B. �P % ,�°°' PAR. B PAR. C TACT INC), 281022 N1,183, 274/42 44 PREPARED UNDER THE SUPERVISION OF: L w s Isk CHRIS J. BERGI L.S. 6 DATE o a MOPS 1 1. 900 Ave. 4" N201 . L. Quint., CA 92253 OOKICH �q 9 PARCEL A i 0.686 AC. o a J. LS. 6588 Exp. 12-31-05 LOT L PRIVATE STREET i O CURVE TABLE NO DELTA RADIUS ARC LGT 50 60'24'51' 50,00' 52.72' 25 116.01'58' 24,50' 49.62' 24 59.01'12' 65.00' 66.96' 23 69'44'05' 24.50' 29,82' 51 2'52'08' 238.50' 11,94' 52 35'57'50' 9150' 57,43' 53 7.17'10' 91.50' 11.64' 54 6'55'00' 318,50' 38.45' P.O.B. PAR. A SCALE 1"=100' 45' PRNAIE LANDSCAPE EASEMENT (TYPICAL) LEGEND — — EXISTING LOT LINE TO BE REMOVED EXISTING LOT LINE TO REMAIN NEW LOT LINE OLD LOT NO. B NEW PARCEL NO. LOT LINE ADJUSTMENT NO. 2005-427 CITY OF LA QUINTA Voice: 960-221-4013 S C H U L T z FM: 960-771.4073 PLANNERS ENGINEERS SURVEYORS "B RIP'®' SHEET 1 OF 2 SHEETS EXHIBIT LOT LINE ADJUSTMENT NO. 2005-427 LOTS 6-9 TRACT NO. 28522, M.B. 274/42-44LOT LINE ADJUSTMENT No. 1025- m s� s y'S9 1J � %D%'l,'Pi PARCEL0.539 A /V J � A P.O.B./1 PAR. D NT�O'E� RAD-PRC P.0.6. PAR. B PAR. C APPROVED BY CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPA BYDATE) Exhibit L I A 05--208 INST. NO, 00 438729 PARCEL -1 EXIST. LOT LINES TO BE REMOVED N B25o6•E all PARCEL C *30°g" 0.588 AC. '5 tJ2c2 N O5p0 PARCEL B sz �Po� 0.706 AC. a as, 41 =r TRACT NO, 20022 Mg, 274/42-44 ktill !i�-1\ sa. 9 PREPARED UNDER THE SUPERVISION OF: �V1M � S 13 0 S CHRIS J. BERG L.S. 6` DATE �a�a Q09- PARCEL A 0.686 AC. 7 4' J. M O R S E 28-900 Ave. 49, #208 L.S. 6588 Lo Quinlo," 92253 * Exp. 12-31-05 o Ox I C H Voice: 760471-4013 S c N u L T 2 FM: 760-191-4023 I OT PRIVATE STREET O CURVE: TABLE NO DELTA RADIUS ARC LGT 50 60824'51' 50.00' 52.72' 25 116001'58' 24.50' 49.62' 24 59801'12' 65,00' 66.96' 23 69844'05' 24.50' 29.82' 51 2852'08' 238,50' 11.94' 52 35457'50' 91,50' 57.43' 53 7.17'10' 91,50' ' 11,64' 54 6055'00' 318.50' 38.45' P.O.B. I PAR. A b�Q SCALE 1"=100' 45' PRIVATE IANOSGPE EASEMENT (Nick) R Y UNDER PENALTY OR PERA T THE ATTACHED COPY IS A TRUE CORRECT COPY OF THE ORIGINI kCHED HERETO, PURSUANT TO 'ERNMENT CODE 27361.7 — EXISTING LOT LINE TO BE REMOVED EXISTING LOT LINE TO REMAIN NEW LOT LINE OLD LOT NO. B NEW PARCEL NO. LOT LINE ADJUSTMENT NO. 2005-427 CITY OF LA QUINTA PLANNERS ENGINEERS SURVEYORS EXHIBIT " PARCEL MERGER NO. 2005-427 LOTS 6-9 TRACT NO. 285229 M.B. 274/42-44. EASEMENT NOTES: 1❑ - INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO IMPERIAL IRRIGATION DISTRICT. 2❑- INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO CITY OF LA QUINTA LOT LINE ADJUSTMENT No. -ZQ05 - j{a-7 APPROVED BY CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPA T ENT By `7t'Y 'GAAX/A DATE (0 13 106 Exhibit 6 PREPARED UNDER THE SUPERVISION OF: So 0 t W si'3145 CHRIS J. BERGItJL.S. 65VJ DATE ,q) L.S. 6588 Exp. 12-31-05 SHEET 2 OF 2 SHEETS LOT LINE ADJUSTMENT NO. 2005-427 CITY OF LA QUINTA 'E�HIBIT "BW ''°'' SHEET 2 OF 2 SHEETS PARCEL NO. 2005-427 LOTS 6-9 TRACT NO. 28522, M.B. 274/42-44. EASEMENT NOTES: 0- INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO IMPERIAL IRRIGATION DISTRICT. a - INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO CITY OF LA QUINTA LOT UNE ADJUSTMENT No. -Lc)O`. , - j4s� APPROVED BY CITY OF LA OUINTA CO M UNITY DEVELOPMENT DEPA T ENT BY �/� -DATE l0 13 05 Exhibit 8 PREPARED UNDER THE SUPERVISION OF: I CERTIFY UNDER PENALTY OR PERJURY THAT THE ATTACHED COPY IS ATRUE AND CORRECT COPY OF THE ORIGINAL ATTACHED HERETO, PURSUANT TO GOVERNMENT CODE 27,361.7 STEWART TITLE INC. -RIVERSIDE J. 6F�GP 13 Q� L.S. 6588 CHRIS J. BERGHJL.S. 65MJ DATE * Exp. 12-31-05 _� _.. . .l.. �f9lF OF CAL\E��\P LOT LINE ADJUSTMENT 140. 2005-427 CITY OF LA QUINTA z v ® Ti 4 nD/awov a 1� r��� 4 P.O. Box 1504 LA QurNFA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINIA, CALIFORNIA 92253 - FAX (760) 777-7101 June 3, 2005 Mr. Victor Villeneuve MDS Consulting 78900 Ave 47, Suite 208 La Quinta, CA 9253 Subject: Approval of Lot Line Adjustment 2005-427 Dear Victor: The Community Development Department has approved your request for a lot line adjustment on Peninsula Lane in PGA West. Enclosed are the approved original exhibits for this adjustment. A Grant Deed must be prepared, signed and notarized by the affected property owners. All of the original approved documents are to be recorded with the County Recorder with a recorded copy given to us for our files. Until the recorded copy is received, our Lot Line Adjustment file is not final. Attached is a letter addressed to the County Recorder for you to present to them indicating that we have approved this lot line adjustment. Should you have any questions, please contact me at 760 777-7064. Very Truly Yours, 'SaNV--A STAN SAWA Principal Planner Encl. C: Brian Ching, Public Works Department R\stan\Ila pm\Ila 2005-427 Itr app.doc P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 C.ALLE TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINT.A, CALIFORNIA 92253 FAX (760) 777-7101 June 3, 2005 County Recorder County of Riverside Post Office Box 751 Riverside, Calif. 92502 Subject: Recording of Lot Line Adjustment 2005-427 To Whom It Concerns: The City of La Quinta has approved the above noted Lot Line Adjustment in La Quinta. Please allow its recording as presented by Bella Oceana Limited Partnership or their representative. Should you have any questions, please call me at (760) 777-7064. Very truly yours, Z::a)br,V"1' R) . 5aujrA STAN B. SAWA Principal Planner sbs P:lstan\lla 2005-427 co rec.doc EXHIBIT "A" LOT LINE ADJUSTMENT NO. 2005-427 LOTS 6, 7, 8, & 9 TRACT NO. 28522, MB 274/42-44 LEGAL DESCRIPTION PARCEL A: LOT 6 AND A PORTION OF LOT 7 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 6 OF SAID TRACT, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 6, SOUTH 42°00'00" WEST, 118.35; THENCE SOUTH, 40.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60024'51". AN ARC DISTANCE OF 52.72 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 24.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS NORTH 60024'51" WEST; THENCE WESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 116001'58" AN ARC DISTANCE OF 49.62 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 65.00 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 55037'07" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 59001'12" AN ARC DISTANCE OF 66.96 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 24.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS NORTH 3024'05" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 69044'05" AN ARC DISTANCE OF 29.82 FEET; THENCE NORTH 23040'00" WEST, 19.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 238.50 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2052'08" AN ARC DISTANCE OF 11.94 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE ALONG THE NORTHERLY LINE OF LOT 6, NORTH 42000'00" EAST, 47.77 FEET; THENCE NORTH 51014'19" EAST, 180.63 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 6 AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 628.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 42052'37" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9051'43" AN ARC DISTANCE OF 108.09 FEET TO THE NORTHEAST CORNER OF LOT 6 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.686 ACRES, MORE OR LESS. LOT LINE ADJUSTMENT No. 200' 2 - 4 APPROVED BY CITY OF LA OUINTA COMM NITY DEVELOPMENT DEPARTMENT BY 'D4"_ A_ DATE 3 06 Exhibit AD PAGE 1 OF 3 G:\63400\LEGALS\LLA-L0TS610.D0C 05/12/05 PARCEL B: A PORTION OF LOT 7 AND A PORTION OF LOT 6 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7 OF SAID TRACT; THENCE NORTH 65000'00" EAST, 220.63 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 7; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 35008'51" EAST, 7.58 FEET; THENCE SOUTH 47044'23" EAST, 108.28 FEET; THENCE SOUTH 51014'19" WEST, 180.63 FEET TO THE SOUTHERLY LINE OF SAID LOT 7; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 42000'00" WEST, 47.77 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 238.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 63027'52" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28042'52" AN ARC DISTANCE OF 119.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 91.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 34°45'00" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 35057'50" AN ARC DISTANCE OF 57.43 FEET TO THE SOUTHWEST CORNER OF SAID LOT AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.706 ACRES, MORE OR LESS. PARCEL C: A PORTION OF LOT 8 AND A PORTION OF LOT 7 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING A THE SOUTHEAST CORNER OF SAID LOT 8 OF SAID TRACT; THENCE NORTH 65000'00" EAST, 220.63 FEET TO THE NORTHERLY LINE OF LOT 7 AND LOT 8; THENCE ALONG SAID NORTHERLY LINE, NORTH 35008'51" WEST, 136.15 FEET; THENCE SOUTH 60038'30" WEST 189.23 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 8 AND THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 318.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58025'00" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19-35-00" AN ARC DISTANCE OF 108.86 FEET TO THE BEGINNING OF A REVERSE CURVE.CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 91.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 78000'00" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7017'10" AN ARC DISTANCE OF 11.64 FEET TO THE SOUTHEAST CORNER OF SAID LOT 8 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.588 ACRES, MORE OR LESS. LOT LINE ADJUSTMENT No. 2.005 - ` -12 APPROVED BY CITY OF LA OUINTA COMMUNITY DEVELOPMENT DEPARTMENT BY ��'� DATE 3 os Exhibit ks PAGE 2 OF 3 G:\63400\LEGALS\LLA-L0'iS610.DOC 05/12/05 PARCEL D: LOT 9 AND A PORTION OF LOT 8 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF SAID TRACT AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 318.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58025'00" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AND SOUTHWESTERLY LINE OF SAID LOT, THROUGH A CENTRAL ANGLE OF 6055'00" AN ARC DISTANCE OF 38.45 FEET; THENCE NORTH 38030'00" WEST, 68.66 FEET TO THE SOUTHWEST CORNER OF SAID LOT; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT, NORTH 50020'00" EAST, 191.11 FEET TO THE NORTHEASERLY LINE OF SAID LOT; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 37057'24" EAST, 34.59 FEET TO AN ANGLE POINT ON SAID NORTHEASTERLY LINE; THENCE SOUTH 35°08'51" EAST, 106.57 FEET; THENCE: SOUTH 60°38'30" WEST, 189.23 FEET TO THE SOUTHEAST CORNER OF LOT 9 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.539 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: 0 J. G L.S. 6588 Exp. 12-31-05 CHRIS J. BE H, P.LS 588 DATEs1 e EXP. 12/31 /2003 9TF OF rm 0 LOT LINE ADJUSTMENT No. Z005 - AX-7 APPROVED BY CITY OF LA OUINTA COM NITY DEVELOPMENT DEPARTMENT BY DATE l0 3 O5- Exhibit Ar PAGE 3 OF 3 G163400\LEGALS\LLA-LOTS610.DOC 05/12/05 EXHIBIT99B0 ® SHEET 1 OF 2 SHEETS LOT LINE ADJUSTMENT NO. 2005-427 LOTS 6-9 TRACT NO. 28522, M.B. 274/42-44LOT LINE ADJUSTMENT No. zO-f)s-' -10 APPROVED BY CITY OF LA QUINTA y� COMMUNITY DEVELOPMENT DEPA s� BY 4�r�,ZpayrA DATE L Exhibit '> PARCEL D 0.539 AC. PAR. D\ N I DII'OE RAp'PRC P.0.6. PAR. B PAR. C TRACT N0. 23522 MA, 274/42-44 I I A 05 203 li�l5f. No, 03-433729 y PARCEL 1 �s b a8 \sue i ,�q23 6�3g DE PARCEL 0.588 AC. IST. LOT LINES BE REMOVED A 063 / P� F, 22 6 N 0 PARCEL B 0.706 AC. b� ell rr N 44io%ls .1, ��, PREPARED UNDER THE SUPERVISION OF: L S130S CHRIS J. BERG L.S. 6 DATE PARCEL A 0.686 AC. Op'v J s'L� qS�R� a LC)-f L PRIVATE STREET O CURVE TABLE NO DELTA RADIUS ARC LGT 50 60'24'51' 50.00' 52.72' 25 116'01'58' 24.50' 49.62' 24 59*01'12' 65.00' 66,96' 23 69'44'05' 24.50' 29,82' 51 2'52'08' 238.50' 11.94' 52 35'57'50' 91.50' 57.43' 53 7.17'10' 91.50' 11.64' 54 6'55'00' 318.50' 38.45' P.O.B. I PAR. A SCALE 1"=100' S 45' PRIVATE LANDSCAPE EASEMENT (TYPICAL) LEGEND P` LAND EXISTING LOT LINE TO BE REMOVED J. BGP� EXISTING LOT LINE TO REMAIN NEW LOT LINE i U = OLD LOT NO. L.S. 6588 B NEW PARCEL NO. * Exp. 12-31-05 �TgIF OF cAE`E��P LOT CITY IN IADQUIlTM TENT NO. 2005-427 EXHIBIT 79B SHEET 2 OF 2 SHEETS PARCEL MERGER NO. 2005-427 LOTS 6-9 TRACT NO. 28522, M.B. 274/42-44. EASEMENT NOTES: - INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO IMPERIAL IRRIGATION DISTRICT. 0 - INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO CITY OF LA QUINTA LOT LINE ADJUSTMENT No. -zoos - il- APPROVED BY CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPA T ENT By SiYnM�GtnNA DATE (0 3 or - Exhibit g PREPARED UNDER THE SUPERVISION OF: a (E.p =S6588 CHRIS J. BERG L.S. 65 DAT *. 12-31-OS LOT LINE ADJUSTMENT NO. 2005-427 CITY OF LA QUINTA ,I . i', Brian Ching Subject: PCN 05057 BELLA OCEANA LIMITED LLA 2005-427 LOT LINE ADJUSTMENT Status: Completed Percent Complete: 100% Date Completed: Tuesday, May 24, 2005 Total Work: 0 hours Actual Work: 0 hours Owner: Jesse Jimenez Requested By: Jesse Jimenez 05/24/2005 Received Approval of LLA 2005-427 from RASA. Brian reviewed and recommended approval. Send back to Community Development Assistant Planner, Tim Nguyen on 05/24/2005. 03/02/2005 SENT PLAN CHECK ITEM TO RASA FOR REVIEW AS PER BRIANS REQUEST (JGJ) 05/23/2005 RECEIVED PLAN CHECK ITEM FROM RASA WITH APPROVAL LETTER SENT TO BRIAN FOR FINAL REVIEW (JGJ) public n MID RnvaC Ili EXHIBIT "A" LOT LINE ADJUSTMENT NO. 2005427 LOTS 6, 7, 8, & 9 TRACT NO. 28522, MB 274/42-44 LEGAL DESCRIPTION PARCEL A: LOT 6 AND A PORTION OF LOT 7 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 6 OF SAID TRACT, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 6, SOUTH 42-00-00" WEST, 118.35; THENCE SOUTH, 40.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60024'51".AN ARC DISTANCE OF 52.72 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 24.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS NORTH 60024'51" WEST; THENCE WESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 116001'58" AN ARC DISTANCE OF 49.62 FEEL- TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 65.00 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 55°37'07" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 59001'12" AN ARC DISTANCE OF 66.96 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 24.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS NORTH 3024'05" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 69044'05" AN ARC DISTANCE OF 29.82 FEET; THENCE NORTH 23°40'00" WEST, 19.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 238.50 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2052'08" AN ARC DISTANCE OF 11.94 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE ALONG THE NORTHERLY LINE OF LOT 6, NORTH 42000'00" EAST, 47.77 FEET; THENCE NORTH 51014'19" EAST, 180.63 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 6 AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 628.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 42052'37" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9051'43" AN ARC DISTANCE OF 108.09 FEET TO THE NORTHEAST CORNER OF LOT 6 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.686 ACRES, MORE OR LESS. PAGE 1 OF 3 G:\63400\LEGALS\LLA-LOTS610.DOC 05/12/05 PARCEL B A PORTION OF LOT 7 AND A PORTION OF LOT 6 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7 OF SAID TRACT; THENCE NORTH 65000'00" EAST, 220.63 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 7; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 35008'51" EAST, 7.58 FEET; THENCE SOUTH 47044'23" EAST, 108.28 FEET; THENCE SOUTH 51014'19" WEST, 180.63 FEET TO THE SOUTHERLY LINE OF SAID LOT 7; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 42000'00" WEST, 47.77 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 238.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 63027'52" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28042'52" AN ARC DISTANCE OF 119.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 91.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 34045'00" WEST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 35057'50" AN ARC DISTANCE OF 57.43 FEET TO THE SOUTHWEST CORNER OF SAID LOT AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.706 ACRES, MORE OR LESS PARCEL C A PORTION OF LOT 8 AND A PORTION OF LOT 7 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING A THE SOUTHEAST CORNER OF SAID LOT 8 OF SAID TRACT; THENCE NORTH 65000'00" EAST, 220.63 FEET TO THE NORTHERLY LINE OF LOT 7 AND LOT 8; THENCE ALONG SAID NORTHERLY LINE, NORTH 35008'51" WEST, 136.15 FEET; THENCE SOUTH 60038'30" WEST 189.23 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 8 AND THE BEGINNING OF: A NON - TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 318.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58025'00" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19035'00" AN ARC DISTANCE OF 108.86 FEET TO THE BEGINNING OF A REVERSE CURVE.CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 91.50 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 78000'00" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7017'10" AN ARC DISTANCE OF 11.64 FEET TO THE SOUTHEAST CORNER OF SAID LOT 8 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.588 ACRES. MORE OR LESS PAGE 2 OF 3 G:\63400\LEGALS\LLA-LOTS610.DOC 05/12/05 PARCEL D: LOT 9 AND A PORTION OF LOT 8 AS SHOWN ON TRACT MAP NO. 28522, AS FILED IN BOOK 274, PAGES 42 THROUGH 44 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF SAID TRACT AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 318.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58025'00" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AND SOUTHWESTERLY LINE OF SAID LOT, THROUGH A CENTRAL ANGLE OF 6055'00" AN ARC DISTANCE OF 38.45 FEET; THENCE NORTH 38030'00" WEST, 68.66 FEET TO THE SOUTHWEST CORNER OF SAID LOT; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT, NORTH 50020'00" EAST, 191.11 FEET TO THE NORTHEASERLY LINE OF SAID LOT; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 37°57'24" EAST, 34.59 FEET TO AN ANGLE POINT ON SAID NORTHEASTERLY LINE; THENCE SOUTH 35°08'51" EAST, 106.57 FEET; THENCE SOUTH 60038'30" WEST, 189.23 FEET TO THE SOUTHEAST CORNER OF LOT 9 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.539 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: \Ii' s L.S. 65W Exp. 12-31-05 CHRIS J. BE H, P.L.S 588 DATEsT P EXP. 12/31/2003 qTf GF PAGE 3 OF 3 G:\63400\LEGALS\LLA-LOTS610.DOC 05/12/05 EXI-IMIT " ® SHEET 1 OF 2 SHEETS LOT LINE ADJUSTMENT NO. 2005-427 LOTS 6-9 TRACT NO. 28522, M.B. 274/42-44. y J, s� cry �y -JJ 2OD0� p�0 PARCEL D yam, 0.539 AC. J � 9 N SRAUIDD'E PARCEL C 0.588 AC. P.0.6. PAR. D NT�O'E_ VAN? P.O.B. PAR. B PAR. C TRACT 1\1C, 23522 M13, 274/42 44 LLA J7 200 INST, NO, 96 43377J PARCEL -1 T. LOT UNES BE REMOVED 1� A OSOt 2Z0p >�or- 51 0.P OpF. t1 6�p0' PARCEL 8 as 0.706 AC. PREPARED UNDER THE SUPERVISION OF: LEwe � S130S CHRIS J. BERGIV L.S. 6E& DATE *` PARCEL A 0.686 AC. v _, 3 'J ly Lo-r L PRIVATE STREET O CURVE TABLE NO DELTA RADIUS ARC LGT 50 60'24'51' 50.00' 52.72' 25 116'01'58' 24.50' 49.62' 24 59.01'12' 65.00' 66,96' 23 69.44'05' 24.50' 29.82' 51 2'52'08' 238.50' 11.94' 52 35.57'50' 91.50' 57,43' 53 7417'10' 91,50' 11.64' 54 6'55'00' 318,50' 38.45' P.O.B. I PAR. A SCALE 1"=100' 45' PRIVATE LANDSCAPE EASEMENT (TYPICAL) LEGEND LAS — — EXISTING LOT LINE TO BE REMOVED \c� J. B�. G'PG EXISTING LOT LINE TO REMAIN �6 a NEW LOT LINE _ OLD LOT N0. L.S. 6588 * B NEW PARCEL NO. Exp. 12-31-05 -31 c CAL FLOT LINE ADJUSTMENT NO. 2005-427 CITY OF LA QUINTA EXHIBIT " ® SHEET 2 OF 2 SHEETS PARCEL MERGER NO. 2005-427 LOTS 6-9 TRACT NO. 28522; M.B. 274/42-44. EASEMENT NOTES: l - INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO IMPERIAL IRRIGATION DISTRICT. 2❑ - INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO CITY OF LA QUINTA PREPARED UNDER THE SUPERVISION OF: BERG.::JDATE J. LS. 6588 up. 12-31-05 LOT LINE ADJUSTMENT NO. 2005-427 CITY OF LA QUINTA TRANSMITTAL MEMO TO: CITY MANAGER PARKS DEPARTMENT BUILDING & SAFETY CODE ENFORCEMENT _FIRE MARSHAL PUBLIC WORKS DEPARTMENT PLANNING MANAGER SHERIFFS DEPARTMENT FROM: COMMUNITY DEVELOPMENT DEPARTMENT - STAN SAWA DATE: Ted o , C) S SUBJECT: PROJECT REVIEW CASE: PLEASE REVIEW AND PROVIDE ANY COMMENTS YOU MAY HAVE ON THE ATTAC LHED ITEM BY a�(�D . rn"l"ry rk. I�lnk�/.. 477c0 ovaVL (.V�riCi- pj, tmns.004 I 2 78-900 Avenue 47, Ste. 208 La Quinta, CA 92253 VOICE: 760-771.4013 FAX: 760.771.4073 E-MAIL: mdslaouintaralmdsconsultino.net NO. OF ITEMS: DESCRIPTION: TD A AICAA ITTA 1 To: City of La Quinta, Community Dev. Date: February 16, 2005 Address: 78-495 Calle Tampico Job #: 634-00 La Quinta, CA 92253 Attention: Douglas R. Evans, Director Subject: Lot Line Adjustment From: Victor Villeneuve cc: file 1 Ea Original - Lot Line Adjustment Application 1 Ea Original - Lot Line Adjustment Application Fee 1 Ea Check No. 16511 in the amount of $400.00 $250 application fee + 4 lots X $50/lot 2 Ea Co - Exhibit "A" Le al Description, and Exhibit'B" Depiction 2 Ea Co - Traverse Calculations 1 Ea Copy- urrent Preliminary Title Report 1 Set Bond - Reference Ma THE ABOVE ITEMS ARE SUBMITTED: I' AT YOUR REQUEST I- FOR YOUR REVIEW I FORYOURFILES I- FORYOURAPPROVAL FOR YOUR USE FOR YOUR INFO THE ABOVE ITEMS ARE TRANSMITTED: r HEREWITH VIA DELIVERY r UNDER SEPARATE COVER MESSAGE: 05°Im 0 0 A01 = .I N o I Yl' �Z li sa w -3 Development Identification Number: WW R CITY ACCOUNT INFORMATION 101-000-443-318 .J id Fee Date: a — l F— i05 $50 x `f Lots Total Fee Em 2-vo $ A-&O APPLICANT INFORMATION PERSON U' oIS RESIGNS®LE FOR PLAN CHECK ADMRIISIRATIVE DVIIES: ENGINEERING FIRI / ERSON RESPONSIBLE FOR PREPARING PLANSrt S: NM6 NA`R M17�i l �UL'rlrL(-> NM60Ff0.V NAIi Oi FPN l O�I1,1T-A-E ° �22�'� OIY SFwI£ ID RIY RAn ID ' 1F1L11U1+2 FwY TppNONE FA% QFT STAFF DATE 78-495 Calle Tampico • P.O. Box 1504 i La Ouinta, CA 92253 • (6191 777-7075 • (Fax( 777, G:IPWOEPnODC MS 7.WPO 11 IF Sanctity of Contract STEWART TITLE OF CALIFORNIA, INC., INLAND EMPIRE DIVISION 3403 TENTH STREET, SUITE 400 RIVERSIDE, CA 92501 (951) 276-2700 www.stsales.com BELLA LA QUINTA LP 55-675 TURNBERRY WAY LA QUINTA, CA 92260 Attention: MIKE BEGLEY Order Number: 501278482 MEMBER CALIFORNIA LAND TITLE ASSOCIATION PRELIMINARY REPORT Your Reference: TR28522 In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms. The printed exceptions and exclusions from the coverage of said policy or policies are set forth in the attached list. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance a binder or commitment should be requested. Dated as of February 01, 2005 at 7:30 A.M. Print date: February 08, 2005 KATHY A. CRAWFORD, Title Officer E 501278482 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: LOT LINE ADJUSTMENT SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: BELLA OCEANA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP Continued on next page -1- E 501278482 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of RIVERSIDE, City of LA QUINTA, described as follows: LOT(S) 6 THROUGH 10 OF TRACT NO. 28522, IN THE CITY OF LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 274, PAGE(S) 42 THROUGH 44, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. End of Legal Description Continued on next page -2- 0 ® 501278482 SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: A. GENERAL AND SPECIAL CITY AND/OR COUNTY TAXES FOR THE FISCAL YEAR 2004-2005, A LIEN NOT YET DUE AND PAYABLE. B. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2004-2005: FIRST INSTALLMENT: SECOND INSTALLMENT CODE & PARCEL NO: EXEMPTION: $1,617.63 PAID $1,617.63 UNPAID 020060/762-150-006-9 NONE C. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2004-2005: FIRST INSTALLMENT: SECOND INSTALLMENT CODE & PARCEL NO: EXEMPTION: $1,617.63 PAID $1,617.63 UNPAID 020060/762-150-007-0 NONE D. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2004-2005: FIRST INSTALLMENT: SECOND INSTALLMENT CODE & PARCEL NO: EXEMPTION: $1,617.63 PAID $1,617.63 UNPAID 020060/762-150-019-1 NONE E. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2004-2005: FIRST INSTALLMENT: SECOND INSTALLMENT: CODE & PARCEL NO: EXEMPTION: $1,617.63 PAID $1,617.63 UNPAID 020060/762-150-020-1 NONE F. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2004-2005: FIRST INSTALLMENT: SECOND INSTALLMENT: CODE & PARCEL NO: EXEMPTION: $1,617.63 PAID $1,617.63 UNPAID 020060/762-150-021-2 NONE G. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICTS AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. SAID ASSESSMENTS ARE COLLECTED WITH THE COUNTY TAXES. Continued on next page -3- 0 r ® 501278482 H. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5, COMMENCING WITH SECTION 75 OF REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. I. A RESOLUTION ESTABLISHING WATERSHED BENEFIT ASSESSMENT AREAS WHICH PROVIDES FOR THE ISSUING OF BONDS AND THE LEVYING OF A SPECIAL TAX TO PAY THE INTEREST AND PRINCIPAL PAYMENTS ON SUCH BONDS UPON THE HEREIN DESCRIBED PROPERTY, RECORDED JUNE 10, 1991 AS INSTRUMENT NOS. 193749, 193750 AND 193751 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FURTHER AND OTHER PARTICULARS. THE INSTALLMENTS THEREUNDER BEING PAYABLE ANNUALLY WITH THE REAL PROPERTY TAXES. 1. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. 2. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF SAID LAND, LYING WITHIN ANY LAWFUL ESTABLISHED STREETS, ROADS, OR HIGHWAYS. 3. RESERVATIONS RECITED IN THE PATENT FROM THE UNITED STATES, WHICH INCLUDE THE FOLLOWING: 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 COURTS, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY AUTHORITY OF THE UNITED STATES, RECORDED DECEMBER 21, 1906 IN BOOK 3 PAGE 248 OF PATENTS 4. RESERVATIONS RECITED IN THE PATENT FROM THE UNITED STATES, WHICH INCLUDE THE FOLLOWING: 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 COURTS, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY AUTHORITY OF THE UNITED STATES, RECORDED JUNE 28, 1913 IN BOOK 5 PAGE 208 OF PATENTS. S. A RIGHT OF WAY AND EASEMENT OF THE COACHELLA VALLEY COUNTY WATER DISTRICT, IN FAVOR OF THE PUBLIC FOR ALL PUBLIC ROADS AND RIGHTS OF WAY HERETOFORE DEDICATED, ACQUIRED, RESERVED OR ACCEPTED FOR PUBLIC USE, AND ALSO ANY AND ALL PRIVATE EASEMENTS AND RIGHTS OF WAY FOR ROADS, PIPELINES, DITCHES AND CONDUITS Continued on next page -4- ® 501278482 ON, OVER, UNDER OR ACROSS THE HEREIN DESCRIBED PROPERTY, EXISTING FOR THE PURPOSE OF INGRESS AND EGRESS FROM OTHER LANDS BY MEANS OF SUCH ROADS AND FOR THE PURPOSE OF CONVEYING IRRIGATING AND DOMESTIC WATER TO SUCH OTHER LANDS BY MEANS OF SUCH PIPELINES, DITCHES AND CONDUITS. SAID EASEMENT IS BLANKET IN NATURE. 6. AN EASEMENT FOR WAGON ROAD AND INCIDENTAL PURPOSES, RECORDED APRIL 28, 1923 IN BOOK 578 PAGE 535 OF DEEDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: SAID LAND 7. AN EASEMENT FOR PIPELINES AND INCIDENTAL PURPOSES, RECORDED AUGUST 13, 1948 IN BOOK 1003 PAGE 302 OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: SAID LAND 8. AN EASEMENT FOR WATER PIPELINES AND INCIDENTAL PURPOSES, RECORDED MAY 24, 1949 IN BOOK 1078 PAGE 525 OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: SAID LAND 9. AN EASEMENT FOR PIPE LINES AND INCIDENTAL PURPOSES, RECORDED JUNE 23, 1949 IN BOOK 1086 PAGE 394 OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: SAID LAND 10. AN EASEMENT FOR PUBLIC UTILITIES, AND INCIDENTAL PURPOSES, RECORDED JULY 25, 1949 IN BOOK 1096 PAGE 410 OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: SAID LAND 11. AN EASEMENT FOR WATER LINES AND INCIDENTAL PURPOSES, RECORDED JANUARY 19, 1950 IN BOOK 1140 PAGE 149 OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: SAID LAND 12. AN EASEMENT FOR POWER LINES AND NECESSARY APPURTENANCES AND INCIDENTAL PURPOSES, RECORDED FEBRUARY 23, 1993 IN BOOK 1444 PAGE 204 OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: SAID LAND 13. AN EASEMENT FOR CONSTRUCT, RECONSTRUCT, LAY, RELAY, OPERATE, MAINTAIN AND REMOVE PIPELINES AT ANY TIME AND INCIDENTAL PURPOSES, RECORDED AUGUST 16, 1949 IN BOOK 1104 PAGE 372 OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: SAID LAND 14. THE EFFECT OF RESOLUTION EXECUTED BY COACHELLA VALLEY SOIL CONSERVATION DISTRICT, RECORDED DECEMBER 13, 1956 IN BOOK 2011, PAGE 519 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. REFERENCE HEREBY BEING MADE TO THE RECORD OF FULL PARTICULARS. 15. AN EASEMENT FOR POWER LINES AND INCIDENTAL PURPOSES, IN FAVOR OF IMPERIAL IRRIGATION DISTRICT IN INSTRUMENT RECORDED Continued on next page -5- 0 ® 501278482 FEBRUARY 13, 1953 IN BOOK 1441 PAGE 256 OF OFFICIAL RECORDS. 16. COVENANTS, CONDITIONS, AND RESTRICTIONS AS SET FORTH IN A DECLARATION OF RESTRICTIONS RECORDED JANUARY 22, 1986 AS INSTRUMENT NO. lSS69 OF OFFICIAL RECORDS, WHICH PROVIDE, AMONG OTHER THINGS, THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE MODIFIED BY INSTRUMENT(S) RECORDED JANUARY 30, 1986 AS INSTRUMENT NO. 22072, OF OFFICIAL RECORDS. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED ASSIGNMENT OF MASTER DECLARANT RIGHTS UNDER MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PGA WEST RIVERSIDE COUNTY, CALIFORNIA, DATED (NOT SET OUT) BY AND BETWEEN KL LAND CORPORATION, A DELAWARE CORPORATION AND KL LAND II CORPORATION, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED OCTOBER 31, 1995 AS INSTRUMENT NO. 3646889 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR PARTICULARS. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED SUPPLEMENTARY MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PGA WEST RIVERSIDE COUNTY, CALIFORNIA, (OPTION TO ACCEPT OR REJECT ANNEXATION), DATED (NOT SET OUT) UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED DECEMBER 20, 1995 AS INSTRUMENT NO. 422634 AND RE -RECORDED MARCH 28, 1996 AS INSTRUMENT NO. 110181 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR PARTICULARS. THE MATTERS CONTAINED IN AN INSTRUMENT EN DECLARANT RIGHTS UNDER MASTER DECLARATION CONDITIONS AND RESTRICTIONS FOR PGA WEST CALIFORNIA, DATED SEPTEMBER 4, 1997 BY CORPORATION, A DELAWARE CORPORATION AND UPON THE TERMS AND CONDITIONS AND COVENAN RECORDED SEPTEMBER 4, 1997 AS INSTRUMENT RECORDS. 'mule TITLED ASSIGNMENT OF OF COVENANTS, RIVERSIDE COUNTY, AND BETWEEN KL LAND II KL LAND CORPORATION, TS THEREIN PROVIDED, NO. 325289 OF OFFICIAL Continued on next page El ® 501278482 THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED ASSIGNMENT OF DECLARANT RIGHTS UNDER MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PGA WEST RIVERSIDE COUNTY, CALIFORNIA, DATED SEPTEMBER 8, 1997 BY AND BETWEEN KL LAND CORPORATION, A DELAWARE CORPORATION AND KL LAND III CORPORATION, A DELAWARE CORPORATION, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED SEPTEMBER 9, 1997 AS INSTRUMENT NO. 327832 OF OFFICIAL RECORDS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE MODIFIED BY INSTRUMENT(S) RECORDED SEPTEMBER 9, 1997 AS INSTRUMENT NO. 327833, OF OFFICIAL RECORDS. A DECLARATION OF ANNEXATION AFFECTING THE HEREIN DESCRIBED PROPERTY RECORDED SEPTEMBER 9, 1997 AS INSTRUMENT NO. 327833 OF OFFICIAL RECORDS. A DECLARATION OF ANNEXATION AFFECTING THE HEREIN DESCRIBED PROPERTY RECORDED FEBRUARY 25, 1999 AS INSTRUMENT NO. 99-073558 OF OFFICIAL RECORDS. 17. COVENANTS, CONDITIONS, AND RESTRICTIONS AS SET FORTH IN A DECLARATION OF RESTRICTIONS RECORDED JANUARY 22, 1986 AS INSTRUMENT NO. 15570 OF OFFICIAL RECORDS, WHICH PROVIDE, AMONG OTHER THINGS, THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE MODIFIED BY INSTRUMENT(S) RECORDED JANUARY 30, 1986 AS INSTRUMENT NO. 22073, OF OFFICIAL RECORDS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE MODIFIED BY INSTRUMENTS) RECORDED MARCH 28, 1996 AS INSTRUMENT NO. 110181, OF OFFICIAL RECORDS. A DECLARATION OF ANNEXATION AFFECTING THE HEREIN DESCRIBED PROPERTY RECORDED MARCH 13, 1990 AS INSTRUMENT NO. 90921 OF OFFICIAL RECORDS. A DECLARATION OF ANNEXATION AFFECTING THE HEREIN DESCRIBED PROPERTY RECORDED FEBRUARY 21, 1990 AS INSTRUMENT NO. 64496 OF OFFICIAL RECORDS. Continued on next page -7- E 0 501278482 A DECLARATION OF ANNEXATION AFFECTING PROPERTY RECORDED DECEMBER 19, 1990 AS OFFICIAL RECORDS. THE HEREIN DESCRIBED INSTRUMENT NO. 458029 OF A DECLARATION OF ANNEXATION AFFECTING THE HEREIN DESCRIBED PROPERTY RECORDED APRIL 22, 1993 AS INSTRUMENT NO. 147662 OF OFFICIAL RECORDS. 18. AN EASEMENT FOR PUBLIC UTILITIES, UNDERGROUND WATER, SEWER, DRAINAGE AND CABLE T.V. AND INCIDENTAL PURPOSES, IN FAVOR OF DIXIE SAVINGS AND LOAN IN INSTRUMENT RECORDED JUNE 14, 1985 AS INSTRUMENT NO. 128681 OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: SAID LAND 19. AN EASEMENT FOR CONSTRUCTION, INSTALLATION, USE, MAINTENANCE, REPAIR AND/OR REPLACEMENT OF AND ACCESS TO (A) ROADS, STREETS AND OTHER WAYS NOW OR HEREAFTER UPON THE GRANT PROPERTY AND (B) UNDERGROUND WATER, ELECTRICAL, GAS, CABLE, TELEVISION, TELEPHONE, SEWER, DRAINAGE AND OTHER UTILITY LINES AND INCIDENTAL PURPOSES, IN FAVOR OF LANDMARK LAND COMPANY OF CALIFORNIA, INC., IN INSTRUMENT RECORDED JUNE 28, 1990 AS INSTRUMENT NO. 240358 AND AUGUST 15, 1990 AS INSTRUMENT NOS. 30412, 30413 AND 30414 AND OCTOBER 19, 1990 AS INSTRUMENT NOS. 385729 AND 385730 ALL OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: SAID LAND 20. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED AGREEMENT GRANTING MUTUAL EASEMENTS, DATED AUGUST 2, 1990 BY AND BETWEEN PGA WEST RESIDENTIAL ASSOCIATION, INC, A CALIFORNIA CORPORATION AND SUNRISE DESERT PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED AUGUST 3, 1990 AS INSTRUMENT NO. 288873 OF OFFICIAL RECORDS. 21. COVENANTS, CONDITIONS, AND RESTRICTIONS AS SET FORTH IN A DECLARATION OF RESTRICTIONS RECORDED AUGUST 3, 1990 AS INSTRUMENT NO. 288874 OF OFFICIAL RECORDS, WHICH PROVIDE, AMONG OTHER THINGS, THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED SUPPLEMENTARY MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Continued on next page -8- 0 0 501278482 FOR PGA WEST II RESIDENTIAL PROJECT (OPTION TO ACCEPT OR REJECT ANNEXATION), DATED (NOT SET OUT) BY KL LAND II CORPORATION, A DELAWARE CORPORATION, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED DECEMBER 29, 1995 AS INSTRUMENT NO. 422633 AND RE -RECORDED MARCH 28, 1996 AS INSTRUMENT NO. 110180 BOTH OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR PARTICULARS. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED ASSIGNMENT OF DECLARANT RIGHTS UNDER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PGA WEST II RESIDENTIAL PROJECT RIVERSIDE COUNTY BY SUNRISE DESERT PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP AND KL LAND CORPORATION, A DELAWARE CORPORATION UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED OCTOBER 31, 1995 AS INSTRUMENT NO. 364690 OF OFFICIAL RECORDS. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED ASSIGNMENT OF DECLARANT RIGHTS UNDER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PGA WEST II RESIDENTIAL PROJECT RIVERSIDE COUNTY, CALIFORNIA, DATED SEPTEMBER 4, 1997 BY AND BETWEEN KL LAND II CORPORATION, A DELAWARE CORPORATION AND KL LAND CORPORATION, A DELAWARE CORPORATION, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED SEPTEMBER 8, 1997 AS INSTRUMENT NO. 325290 OF OFFICIAL RECORDS. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED ASSIGNMENT OF DECLARANT RIGHTS UNDER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PGA WEST II RESIDENTIAL PROJECT RIVERSIDE COUNTY, CALIFORNIA, , DATED SEPTEMBER 8, 1997 BY AND BETWEEN KL LAND CORPORATION, A DELAWARE CORPORATION AND KL LAND III CORPORATION, A DELAWARE CORPORATION, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED SEPTEMBER 9, 1997 AS INSTRUMENT NO. 327831 OF OFFICIAL RECORDS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE MODIFIED BY INSTRUMENT(S) RECORDED SEPTEMBER 9, 1997 AS INSTRUMENT NO. 327834, OF OFFICIAL RECORDS. A DECLARATION OF ANNEXATION AFFECTING THE HEREIN DESCRIBED PROPERTY RECORDED SEPTEMBER 9, 1997 AS INSTRUMENT NO. 327834. OF OFFICIAL RECORDS. 22. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED AGREEMENT RELATING TO ABANDONMENT OF LATERALS OF THE UNIT 6 DISTRIBUTION SYSTEM, MADE TO THE ACT OF CONGRESS OF JUNE 17, 1902, DATED NOT SHOWN BY AND BETWEEN UNITED STATES OF AMERICA AND THE COACHELLA VALLEY WATER DISTRICT, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED OCTOBER 11, 1990 AS Continued on next page -9- 0 501278482 INSTRUMENT NO. 375604 OF OFFICIAL RECORDS. 23. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED AGREEMENT REGARDING ENCROACHMENT PERMITS , DATED DECEMBER 30, 1993 AS AMENDED THAT CERTAIN FIRST AMENDMENT TO AGREEMENT REGARDING ENCROACHMENTS PERMITS DATED AS OF NOVEMBER 30, 1995 BY AND BETWEEN COACHELLA VALLEY WATER DISTRICT AND LANDMARK LAND COMPANY OF CALIFORNIA, INC., UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED OCTOBER 15, 1934 OF OFFICIAL RECORDS. 24. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED CABLE SERVICE LICENSE AGREEMENT, DATED MARCH 22, 1993 BY AND BETWEEN COLONY CABLEVISION OF CALIFORNIA, A DELAWARE CORPORATION AND DUNA LA QUINTA HOMEOWNERS ASSOCIATION, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED FEBRUARY 6, 1995 AS INSTRUMENT NO. 037180 OF OFFICIAL RECORDS. 25. AN EASEMENT FOR DRAINAGE AND ACCESS AND INCIDENTAL PURPOSES, IN FAVOR OF KSL PGA WEST CORP., ET AL IN INSTRUMENT RECORDED JANUARY 31, 1996 AS INSTRUMENT NO. 36358 OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: SAID LAND 26. AN EASEMENT FOR ACCESS, CONSTRUCTION, STORM AND OTHER PURPOSES AND INCIDENTAL PURPOSES, IN FAVOR OF KSL LAND CORPORATION, A DELAWARE CORPORATION IN INSTRUMENT RECORDED JANUARY 31, 1996 AS INSTRUMENT NO. 36359 OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: SAID LAND 27. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED EASEMENT DEED (HOTEL LAND GOLF COURSE AND RESORT CLUBHOUSE ACCESS), DATED (NOT SET OUT) BY AND BETWEEN KL HOTEL LAND, L.P. A DELAWARE LIMITED PARTNERSHIP AND KL DESERT RESORTS, INC., A DELAWARE CORPORATION, KL DESERT, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED APRIL 8, 1996 AS INSTRUMENT NO. 125662 OF OFFICIAL RECORDS. 28. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED EASEMENT DEED (PGA WEST GOLF COURSE ACCESS), DATED (NOT SET OUT) BY AND BETWEEN KL LAND CORPORATION, A DELAWARE CORPORATION AND KL DESERT RESORTS, INC., A DELAWARE CORPORATION, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED APRIL 8, 1996 AS INSTRUMENT NO. 125663 OF OFFICIAL RECORDS. 29. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED DOMESTIC WATER AND/OR SANITATION INSTALLATION AGREEMENT, DATED NOVEMBER 17, 1995 BY AND BETWEEN COACHELLA VALLEY WATER DISTRICT AND KSL LAND CORPORATION, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED MAY 21, 1996 AS INSTRUMENT NO. 188028 OF OFFICIAL RECORDS. Continued on next page -10- E 0 501278482 30. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED ASSIGNMENT OF DECLARANT RIGHTS, DATED SEPTEMBER 4, 1997 BY AND BETWEEN KSL LAND II CORP., A DELAWARE CORPORATION UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED SEPTEMBER 8, 1997 AS INSTRUMENT NO. 325290 OF OFFICIAL RECORDS. 31. COVENANTS, CONDITIONS, AND RESTRICTIONS AS SET FORTH IN A DECLARATION OF RESTRICTIONS RECORDED JANUARY 15, 1998 AS INSTRUMENT NO. 13979 OF OFFICIAL RECORDS, WHICH PROVIDE, AMONG OTHER THINGS, THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. 32. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED DOMESTIC WATER AND/OR SANITATION AGREEMENT, DATED JUNE 26, 1997 BY AND BETWEEN COACHELLA VALLEY WATER DISTRICT, A PUBLIC AGENCY OF THE STATE OF CALIFORNIA, AND KSL LAND CORPORATION, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED JANUARY 22, 1998 AS INSTRUMENT NO. 21591 OF OFFICIAL RECORDS. 33. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED GRANT OF EASEMENT AND CONSENT, DATED (NOT SET OUT) UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED JULY 28, 1998 AS INSTRUMENT NO. 312000 OF OFFICIAL RECORDS. 34. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED COVENANTS, CONDITIONS AND RESTRICTIONS, DATED (NOT SET OUT) UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED JULY 31, 1998 AS INSTRUMENT NO. 320777 OF OFFICIAL RECORDS. 35. COVENANTS, CONDITIONS, AND RESTRICTIONS AS SET FORTH IN A DECLARATION OF RESTRICTIONS RECORDED JULY 31, 1998 AS INSTRUMENT NO. 320778 OF OFFICIAL RECORDS, WHICH PROVIDE, AMONG OTHER THINGS, THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. Continued on next page -11- E 501278482 SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE MODIFIED BY INSTRUMENT(S) RECORDED MARCH 28, 1999 AS INSTRUMENT NO. 320778, 36. OWNER'S CERTIFICATE ON THE MAP OF SAID TRACT RECITES IN PART: WE HEREBY DEDICATE TO THE CITY OF LA QUINTA THE EASEMENT FOR RIGHT OF INGRESS AND EGRESS OF SERVICE AND EMERGENCY VEHICLES, OVER LOTS K AND L DESIGNATED AS PRIVATE STREETS, THESE AREAS ARE RETAINED AS PRIVATE STREETS FOR OURSELVES, SUCCESSORS, ASSIGNEES, AND LOT OWNERS WITHIN THIS TRACT. WE HEREBY DEDICATE TO THE CITY OF LA QUINTA THE PUBLIC UTILITY EASEMENTS AS SHOWN HEREON. WE HEREBY OFFER FOR DEDICATION TO THE COACHELLA VALLEY WATER DISTRICT AN EASEMENT OVER LOTS K AND L, DESIGNATED AS PRIVATE STREETS ON SAID MAP, FOR DOMESTIC WATER AND SANITATION PURPOSES. THE EASEMENT SO DEDICATED INCLUDES THE RIGHT TO ENTER UPON SAID LANDS TO SURVEY, CONSTRUCT, RECONSTRUCT, LAY, RELAY, MAINTAIN, OPERATE, CONTROL, USE AND REMOVE OBJECTS INTERFERING WITH THE CONSTRUCTION, OPERATION AND MAINTENANCE THEREOF. WE HEREBY OFFER FOR DEDICATION TO THE IMPERIAL IRRIGATION DISTRICT AN EASEMENT 10 FEET IN WIDTH ADJACENT TO LOTS K AND L, AS SHOWN ON SAID MAP, FOR THE EXCAVATION, LAYING, CONSTRUCTION, INSTALLATION, MAINTENANCE, OPERATION, INSPECTION, REPAIR, REPLACEMENT AND REMOVAL OF ELECTRICAL LINES, WIRES, CABLES, DUCTS, SUPPORTS, FIXTURES, FACILITIES, AND APPURTENANCES, WITH THE RIGHT OF INGRESS AND EGRESS OVER AND WITHIN SAME FOR MAINTENANCE, OPERATION AND EMERGENCY VEHICLES. WE HEREBY RESERVE LOTS A THROUGH H, FOR OPEN SPACE, LANDSCAPING, MAINTENANCE AND RECREATIONAL PURPOSES FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT. WE HEREBY RESERVE LOTS I AND J FOR GOLF COURSE ACCESS PURPOSES, FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES. WE HEREBY RESERVE THE PRIVATE STORM DRAIN EASEMENT SHOWN HEREON FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT. WE HEREBY RESERVE THE PRIVATE LANDSCAPE EASEMENTS SHOWN HEREON FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT, SUBJECT TO THE PUBLIC UTILITY EASEMENT DEDICATED HEREON. 37. COVENANTS, CONDITIONS, AND RESTRICTIONS AS SET FORTH IN A DECLARATION OF RESTRICTIONS RECORDED FEBRUARY 11, 1999 AS INSTRUMENT NO. 56440 OF OFFICIAL RECORDS, WHICH PROVIDE, AMONG Continued on next page -12- 1,. ® 501278482 OTHER THINGS, THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE MODIFIED BY INSTRUMENT(S) RECORDED FEBRUARY 25, 1999 AS INSTRUMENT NO. 73559, OF OFFICIAL RECORDS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE MODIFIED BY INSTRUMENT(S) RECORDED JUNE 17, 2004 AS INSTRUMENT NO. 2004-0467703, OF OFFICIAL RECORDS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE MODIFIED BY INSTRUMENT(S) RECORDED OCTOBER 13, 1999 AS INSTRUMENT NO. 99-453346, OF OFFICIAL RECORDS. 38. AN EASEMENT FOR PUBLIC UTILITIES, AND INCIDENTAL PURPOSES, IN FAVOR OF GTE CALIFORNIA INCORPORATED, A CORPORATION IN INSTRUMENT RECORDED JANUARY 11, 1999 AS INSTRUMENT NO. 10286 OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: SAID LAND 39. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED GRANT OF EASEMENT FOR DRAINAGE, DATED (NOT SET OUT) BY AND BETWEEN KSL DESERT RESORTS, INC., A DELAWARE CORPORATION AND PENINSULA GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED FEBRUARY 25, 1999 AS INSTRUMENT NO. 73556 OF OFFICIAL RECORDS. 40. COVENANTS, CONDITIONS, AND RESTRICTIONS AS SET FORTH IN A DECLARATION OF RESTRICTIONS RECORDED FEBRUARY 25, 1999 AS INSTRUMENT NO. 73557 OF OFFICIAL RECORDS, WHICH PROVIDE, AMONG OTHER THINGS, THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. Continued on next page -13- ® 501278482 SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE MODIFIED BY INSTRUMENT(S) RECORDED DECEMBER 04, 2002 AS INSTRUMENT NO. 2002-721101, OF OFFICIAL RECORDS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE MODIFIED BY INSTRUMENT(S) RECORDED JUNE 17, 2004 AS INSTRUMENT NO. 2004-467704, OF OFFICIAL RECORDS. 41. AN EASEMENT FOR INGRESS, EGRESS, USE AND ENJOYMENT OF THE STREET ACCESS EASEMENT AREAS AND INCIDENTAL PURPOSES, IN FAVOR OF PGA WEST FAIRWAYS ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION IN INSTRUMENT RECORDED FEBRUARY 26, 1999 AS INSTRUMENT NO. 77544 OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: SAID LAND 42, AN EASEMENT FOR PUBLIC UTILITIES, AND INCIDENTAL PURPOSES, AS SHOWN ON THE MAP OF SAID TRACT OR PARCEL. SAID EASEMENT IS DESCRIBED AS FOLLOWS: 10 FEET ABUTTING THE STREETS AS SHOWN ON MAP OF SAID TRACT. 43. AN EASEMENT FOR PUBLIC UTILITIES, AND INCIDENTAL PURPOSES, AS SHOWN ON THE MAP OF SAID TRACT OR PARCEL. SAID EASEMENT IS DESCRIBED AS FOLLOWS,: 10 FEET ABUTTING THE STREETS AS SHOWN ON MAP OF SAID TRACT. 44. AN EASEMENT FOR PRIVATE LANDSCAPE AND INCIDENTAL PURPOSES, AS SHOWN ON THE MAP OF SAID TRACT OR PARCEL. 45. COVENANTS, CONDITIONS, AND RESTRICTIONS AS SET FORTH IN A DECLARATION OF RESTRICTIONS RECORDED MAY 24, 1999 AS INSTRUMENT NO. 225290 OF OFFICIAL RECORDS, WHICH PROVIDE, AMONG OTHER THINGS, THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. 46. AN EASEMENT FOR DOMESTIC WATER AND SANITATION PURPOSES AND INCIDENTAL PURPOSES. SAID EASEMENT IS DESCRIBED AS FOLLOWS: SAID LAND 47. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED MEMORANDUM OF AGREEMENT, DATED,JANUARY 9, 2002 BY AND BETWEEN KSL LAND CORPORATION, A DELAWARE CORPORATION ("KSL") AND BELLA OCEANA, L.P.., A CALIFORNIA LIMITED PARTNERSHIP ("BELLA") UPON THE Continued on next page -14- I]] 0 501278482 TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED MARCH 18, 2002 AS INSTRUMENT NO. 02-136491 OF OFFICIAL RECORDS. 48. THE EFFECT OF RESOLUTION NO. 2003-49 EXECUTED BY COACHELLA VALLEY WATER DISTRICT, RECORDED AUGUST 06, 2003 AS INSTRUMENT NO. 2003-597460 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 49. A CONSTRUCTION DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED MAY 11, 2004 AS INSTRUMENT NO. 2004-350086 OF OFFICIAL RECORDS: DATED: TRUSTOR: TRUSTEE BENEFICIARY AMOUNT: MAY 5, 2004 BELLA LA QUINTA L.P., A CALIFORNIA LIMITED PARTNERSHIP AS TO LOT 1 OF PARCEL A BELLA OCEANA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP AS TO THE REMAINDER OF PARCELS POMONA FINANCIAL SERVICES, INC., A CALIFORNIA CORPORATION PFF BANK & TRUST $8,000,000.00 A FINANCING STATEMENT, RECORDED MAY 11, 2004 AS INSTRUMENT NO. 2004-350087 OF OFFICIAL RECORDS: DEBTOR: BELLA OCEANA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP AND BELLA LA QUINTA L.P., A CALIFORNIA PARTNERSHIP SECURED PARTY: PFF BANK & TRUST 50. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED PENINSULA PARK DEVELOPMENT DECLARATION, DATED (NOT SET OUT) BY AND BETWEEN BELLA OCEANA, L.P. (F/K/A BELLA OCEANA LIMITED PARTNERSHIP), A CALIFORNIA LIMITED PARTNERSHIP AND BELLA LA QUINTA, LP., A CALIFORNIA LIMITED PARTNERSHIP, UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED JUNE 29, 2004 AS INSTRUMENT NO. 2004-501328 OF OFFICIAL RECORDS. 51. THE MATTERS CONTAINED IN AN INSTRUMENT ENTITLED DECLARATION FOR TITLE 7 FOR PENINSULA PARK, DATED MAY 10, 2004 BY AND BETWEEN BELLA OCEANA, L.P. (F/K/A, BELLA OCEANA LIMITED PARTNERSHIP), A CALIFORNIA LIMITED PARTNERSHIP UPON THE TERMS AND CONDITIONS AND COVENANTS THEREIN PROVIDED, RECORDED JULY 02, 2004 AS INSTRUMENT NO. 2004-515881 OF OFFICIAL RECORDS. 52. THE REQUIREMENT THAT A VALID NOTICE OF COMPLETION BE RECORDED, AND THE PROPER LIEN PERIOD HAVING EXPIRED, PRIOR TO Continued on next page -15- ® ® 501278482 THE ISSUANCE OF OUR POLICY OF TITLE INSURANCE. 53. MATTERS WHICH MAY AFFECT THE TITLE UNLESS ELIMINATED BY A STATEMENT OF IDENTITY FROM THE FOLLOWING: ALL PARTIES END OF EXCEPTIONS Typist Initials: RLA Print date: February 08, 2005 Continued on next page -16- E ® S01278482 NOTES 1. SUBDIVISION RATE 2. OUR A.L.T.A. LENDERS POLICY, WHEN ISSUED, WILL CONTAIN C.L.T.A. INDORSEMENT NO. 100. 3. ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE PROPERTY HEREIN DESCRIBED IN THIS REPORT WITHIN A PERIOD OF 24-MONTHS PRIOR TO THE DATE OF THIS REPORT, EXCEPT AS FOLLOWS: (NONE) Continued on next page -17- u S01278482 CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub -escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available prior to disbursement. Funds received by Stewart Title of California, Inc. (Stewart Title) via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub -escrow funds received will be deposited with other escrow funds in one or more non -interest bearing escrow accounts in a financial institution selected by Stewart Title. Stewart Title may recieve certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and Stewart Title shall have no obligation to account to the depositing party in any manner for the value of, or pay to such party, any benefit received by Stewart Title. Such benefits shall be deemed additional compensation to Stewart Title for its services in connection with the escrow or sub -escrow. WIRING INSTRUCTIONS IF YOU ANTICIPATE HAVING FUNDS WIRED TO STEWART TITLE OF CALIFORNIA, INLAND EMPIRE DIVISION, OUR WIRING INFORMATION IS AS FOLLOWS: UNION BANK OF CALIFORNIA LOS ANGELES, CA ABA 122000496 ACCOUNT #9120050750 ACCOUNT NAME: STEWART TITLE OF CALIFORNIA, INLAND EMPIRE DIVISION SUB -ESCROW TRUST ACCOUNT REF: 501278482** ** WHEN INSTRUCTING THE FINANCIAL INSTITUTION TO WIRE FUNDS, IT IS VERY IMPORTANT THAT YOU REFERENCE STEWART TITLE'S ORDER NUMBER. ** SHOULD YOU HAVE ANY QUESTIONS IN THIS REGARD, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. -18- 21 501278482 EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of RIVERSIDE, City of LA QUINTA, described as follows: LOT(S) 6 THROUGH 10 OF TRACT NO. 28522, IN THE CITY OF LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 274, PAGE(S) 42 THROUGH 44, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. End of Legal Description Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title of California, Inc. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title of California, Inc. We may collect nonpublic personal information about you from the following sources: * Information we receive from you, such as on applications or other forms. * Information about your transactions we secure from our files, or from our affiliates or others. * Information we receive from a consumer reporting agency. * Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliates third parties permitted by law. We also may disclose this information about our customers or former customers to companies that perform services on our behalf as permitted by law. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. CLTA PRELIMINARY REF' FORM EXHIBIT A CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COSTS, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF: 1. (A) ANY LAW, OR➢INANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING OR ZONING LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (I) THE OCCUPANCY, USE, OR ENJOYMENT OF THE LAND; (II) THE 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 OR POLICY. (B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTEND THAT A NOTICE OF THE EXERCISE THEREOF OR NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION 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 RECORDE➢ IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT; (B) NOT MOWN 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. UNENFORCEAN,ILITY OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF THE INABILITY OR FAILURE OF THE INSURED AT DATE OF POLICY, OR THE INABILITY OR FAILURE OF ANY SUBSEQUENT OWNER OR INDEBTEDNESS, TO COMPLY WITH THE APPLICABLE DOING BUSINESS LAWS, OF THE STATE IN WHICH THE LAND IS SITUATED. S. INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THEREOF, W141CH ARISES OUT OF THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON USURY OR ANY CONSUMER CREDIT PROTECTION OR TRUTH IN LENDING LAW. 6. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED THE ESTATE OR INTEREST INSURED BY THIS POLICY OR THE TRANSACTION CREATING THE INTEREST OF THE INSURED LENDER, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY OR SIMILAR CREDITORS' RIGHTS LAWS. EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES CR EXPENSES) WHICH ARISE BY REASON OF: 1. TAXES OR ASSESSMENTS WHICH ARE NOT' SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR WHICH MAY BE ASSERTED BY PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 1 OF 6 CLTA PRELIMINARY REPORT FORM 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS IN ADDITION TO THE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INSURED AGAINST LOSS, COSTS, ATTORNEYS' FEES, AND EXPENSES RESULTING FROM: 1. GOVERNMENTAL POLICE POWER, AND THE EXISTENCE OR VIOLATION OF ANY LAW OR GOVERNMENTAL REGULATION. THIS INCLU➢ES BUILDING AND ZONING ORDINANCES AND ALSO LAWS AND REGULATIONS CONCERNING: * LAND USE * IMPROVEMENTS ON THE LAND * LAND DIVISION • ENVIRONMENTAL PROTECTION THIS EXCLUSION ➢OES 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. 2. THE RIGHT TO TAKE THE LAN➢ BY CONDEMNING IT, UNLESS: " A NOTICE OF EXERCISING THE RIGHT APPEARS IN THE PUBLIC RECORDS ON THE POLICY DATE " THE TAKING HAPPENE➢ 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 KNONN 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 REFERRE➢ TO IN ITEM 3 OF SCHEDULE A OR " IN STREETS, ALLEYS, OR WATERWAYS THAT TOUCH YOUR LAND THIS EXCLUSION DOES NOT LIMIT THE ACCESS COVERAGE IN ITEM 5 OF COVERED TITLE RISKS. EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. ANY RIGHTS, INTERESTS, OR CLAIMS OF PARTIES IN POSSESSION OF THE LAND NOT SHOWN BY THE PUBLIC RECORDS. 2. ANY EASEMENTS OR LIENS NOT SHOWN BY THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE LIEN COVERAGE IN ITEM 8 OF COVERED TITLE RISKS. 3. ANY FACTS ABOUT THE LAND WHICH A CORRECT SURVEY WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE FORCED REMOVAL COVERAGE IN ITEM 12 OF COVERED TITLE RISKS. 4. ANY WATER RIGHTS OR CLAIMS OR TITLE TO WATER IN OR UNDER THE LAND, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 2 OF 6 CLTA PRELIMINARY REPORT FORM 3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS AND COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COSTS, ATTORNEY'S FEE$ 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 ERECTE➢ 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 AGREE➢ TO BY THE INSURED CLAIMANT; (B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY; (C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT; (D) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY (EXCEPT TO THE EXTENT THAT THIS POLICY INSURES THE PRIORITY OF THE LIEN OF THE INSURED MORTGAGE OVER ANY STATUTORY LIEN FOR SERVICES, LABOR OR MATERIAL OR TO THE EXTENT INSURANCE IS AFFORDED HEREIN AS TO THE ASSESSMENTS FOR STREET IMPROVEMENTS UNDER CONSTRUCTION OR COMPLETED AT DATE OF POLICY); OR (E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR THE INSURED MORTGAGE. 4. UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF THE INABILITY OR FAILURE OF THE INSURED AT ➢ATE OF POLICY, OR THE INABILITY OR FAILURE OF ANY SUBSEQUENT OWNER OF THE INDEBTEDNESS, TO COMPLY WITH APPLICABLE DOING BUSINESS LAWS OF tPHE STATE IN WHICH THE LAND IS SITUATED. S. INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURE➢ MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON 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 INSURE➢ HAS ADVANCED OR IS OBLIGATED TO ADVANCE. 9. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (I) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (II) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE OR EQUITABLE SUBORDINATION; OR (III) THE TRANSACTION CREATING THE ',INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE: (A) TO TIMELY RECORD£➢ THE INSTRUMENT OF TRANSFER; OR (B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. (LIST OF :PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 3 OF 6 0 CLTA PRELIMINARY REPORT FORM THE ABOVE POLICY FORMS MAY BE ISSUED TO AFFORD EITHER STANDARD COVERAGE OR EXTENDED COVERAGE, IN ADDITION TO THE ABOVE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE IN A STANDARD COVERAGE POLICY WILL INCLUDE THE FOLLOWING GENERAL EXCEPTIONS: EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. TAXES OR ASSESSMENTS WHICH ARE NO't SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERESTS OR CALIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, LIENS OR ENCUMMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 5. (A) UNPATENTED MINING CLAIMS; (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. 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COST, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF: 1. (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING AND ZONING LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (I) THE OCCUPANCY, USE, OR ENJOYMENT OF THE LANE; (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 INSURE➢ 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 PREFERENTI.AL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE: (A) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR (B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1959 STEWART TITLE GUARANTY COMPANY PAGE 4 OF 6 CLTA PRELIMINARY REPORT FORM THE ABOVE POLICY FORMS MAY BE ISSUED TO AFFORD EITHER STANDARD COVERAGE OR EXTENDED COVERAGE. IN ADDITION TO THE ABOVE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE IN A STANDARD COVERAGE POLICY WILL INCLUDE THE FOLLOWING GENERAL EXCEPTIONS: EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST .LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON UAL PROPERTY OR BY THE PUBLIC RECORDS. PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS, 2. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLIICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. S. (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. S. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) EXCLUSIONS IN ADDITION TO THE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INSURED AGAINST LOSS, COSTS, ATTORNEYS' FEES, AND EXPENSES RESULTING FROM: 1. GOVERNMENTAL POLICE POWER, AND THE EXISTENCE OR VIOLATION OF ANY LAW OR GOVERNMENT REGULATION. THIS INCLUDES ORDINANCES, LAWS AND REGULATIONS CONCERNING: A. BUILDING B. ZONING C. LAND USE D. IMPROVEMENTS ON LAND E. LAND DIVISION F. ENVIRONMENTAL PROTECTION THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OR THE ENFORCEMENT OF THESE MATTERS IF NOTICE OF THE VIOLATION OR ENFORCEMENT APPEARS IN THE PUBLIC RECORDS AT THE POLICY ➢ATE. THIS EXCLUSION DOES NOT LIMIT THE COVERAGE DESCRIBED IN COVERED RISK 14, 15, 16, 17, OR 24. 2. THE FAILURE OF YOUR EXISTING STRUCTURES, OR ANY PART OF THEM, TO BE CONSTRUCTED IN ACCORDANCE WITH APPLICABLE BUILDING CODES. THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OF BUILDING CODES IF NOTICE OF THE VIOLATION APPEARS IN THE PUBLIC RECORDS AT THE POLICY DATE. 3. THE RIGHT TO TAKE THE LAND BY CONDEMNING IT, UNLESS: A. NOTICE OF EXERCISING THE RIGNT APPEARS IN THE PUBLIC RECORDS AT THE POLICY ➢ATE; OR B. THE TAKING HAPPENED BEFORE T14E POLICY DATE AND IS BINDING ON YOU IF YOU BOUGHT THE LAND WITHOUT KNOWING OF THE TAKING. 4. RISKS: A. THAT ARE CREATED, ALLOWED, OF 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 OUTSI➢E THE AREA .SPECIFICALLY DESCRIBED AND REFERRED TO IN PARAGRAPH 3 OF SCHEDULE A; AND B. IN STREETS, ALLEYS, OR WATERWAYS THAT TOUCH THE LAN➢. THIS EXCLUSION DOES NOT LIMIT THE COVERAGE DESCRIBE➢ IN COVERED RISK 11 OR 18. REV. 1999 PAGE 5 OF 6 STEWART TITLE GUARANTY COMPANY 6. "GOLD" COMPREHENSIVE PROTECTION LOAN POLICY OF TITLE INSURANCE EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDE➢ FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COST, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF: 1. (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING AND ZONING LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (I) THE OCCUPANCY, USE, OR ENJOYMENT OF THE LAND; (Ix) 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 FROM COVERAGE 1(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, 15, 16, 17, 34, AND 41. (B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE EXERCISE THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. THIS EXCLUSION FROM COVERAGE 1(A) DOES NOT LIMIT THE COVERAGE PROVIDE➢ IN INSURING PROVISIONS NUMBER 14, 15, 16, 17, 34, AND 41. 2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE, 3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS: (A) CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT; (B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE INSURED CLAIMANT BECAME AN INSURED UN➢ER THIS POLICY; (C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT; (D) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY (THIS EXCLUSION FROM COVERAGE 3 (D) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 9, B, 15, 16, 18, 21, 22, 24, 25, 26, 28, 29, 30, 32, 33, 34, 35, 38, 39, AND 40); (E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR THE INSURED MORTGAGE, 4. UNENFORCEABILITY OF THE LIEN OF 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 ANY CONSUMER CREDIT PROTECTION OR TRUTH -IN -LENDING LAW. 6. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (A) THE TRANSACTION CREAMING THE ESTATE OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (B) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE OF EQUITABLE SUBORDINATION; OR (C) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE; (I) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR (II) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. 0. TAXES, ASSESSMENTS, COSTS, CHARGES, DAMAGES AND OTHER OBLIGATIONS TO THE GOVERNMENT SECURED BY STATUTORY LIENS THAT BECOME A LIEN ON THE LAND SUBSEQUENT TO DATE OF POLICY, BUT THIS EXCLUSION 9 DOES NOT LIMIT THE COVERAGE OF INSURING PROVISION 34. REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 6 OF 6