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LLA 2005-434City of La Quinta #.,Se Communi velopment Department78-�5 Ile Tampico �p L� California 92253 2c �7 (76Q _q7 125 FAX: (760) 777-1233 wlR 901 OFFIC'.E USE ONLY LL-A ' OS^ Date Recvd. 3/ 3/16 Fee: „,C Q ,_ J___ Related Apps: G,,, N FOR LOT LINE ADJUSTMENT APPROVALe"Jh� 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. • • • • • • J • J. • J J • • • • , • J • • • J • J • • O • • • • • J J J J J J .�� .•• •J .,� J� •J .�� •� •�� J �� �� �� •J .•� .�• Y J Y .� .�� ..� i• J Y .� .•� .•� � .�� .�� .�� •�� .�• J J J J •� Ji JJ APPLICANT Jame's R. Paul (Print) MAILINGADDRESS 55-585 Cherry Hill Phone No.760-285-1 363 CITY, STATE, ZIP La Quinta, CA 92253 Fax No. .o. *Owner "A" Name: 1 1 1 Venture LLC Address: 400 Goddard Irvine CA 9261 8-481 0 Phone: 940-450- 8200 (City) (State) (Zip) *Owner `B" Name: (City) James R. Paul 55-585 Cherry H *Owner "C" Name: N / A Address: (State) (Zip) Phone: (City) (State) (Zip) *Attach sheet for additional owners 760-285-1363 PROPERTY DATA Property A: Assessor's Parcel Number: 649-820-01 3 Street Address (if any): - Property B: Assessor's Parcel Number: 649-820-01 4 Street Address (if any): - Property C: Assessor's Parcel Number N/A Street Address (if any): DESCRIPTION OF ADJUSTMENT REQUESTED: Adjust common line between Parcel's 2 and 3 of PMB 197 3-3-36 — A161LA 1-7/16197 Appvd 1/6/98 cdi JREASON FOR REQUEST: APPLICABILITY The following criteria must be met to approve a lot line adjustment: ❑ The adjustment shall not create a greater number of parcels than originally existed. ❑ The resulting parcels shall conform with City Zoning and Building Codes. ❑ The adjustment shall not cause existing uses or improvements of the property to be out of compliance with any provision of the City Codes. ^ MIMUM SUBMISSION REQUIREMENTS ❑ Existing grant deeds or title reports for all affected parcels. ❑ An acceptable legal description of each existing parcel and a metes and bounds description of each new parcel proposed. ❑ Closing calculations for each new parcel proposed. ❑ Original, unrecorded Grant Deeds for each new parcel with the following: ❑ State on the Grant Deed when all affected parcels are under one ownership. GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged Owner A hereby GRANTS to Owner A the real property in the City of La Quinta County of Riverside State of California, described as (Property Description) See Exhibits A and B attached hereto and by reference made a part hereof. NOTE: This grant deed implements the revised lot configurations pursuant to Line Line Adjustment _ _ as approved by the City of La Quinta. All property subject to this lot line adjustment is owned by a single entity, hence ownership conveyance is a nonessential secondary function of this deed. The primary function of the deed is to provide constructive notice of the revised lot configurations pursuant to Government Code Section 66512 (d), and to perfect the intent of the Lot Line Adjustment _ _ as approved. ❑ State on Grant Deed when affected parcels are under multiple ownership: GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Owner A hereby GRANTS to Owner B the reel property in the City of La Quinta County of Riverside State of California, described as (Property Description) that portion of land in Lot A which is overlaid by the reconfigured shape of Lot B pursuant to LLA approved by the City of La Quinta. The reconfigured lots are described in Exhibits A and B attached hereto and made a part hereof. A16:LLA I-7/16/97 Appvd 1/6/98 cdi �2/22/2003 1712 FAX 7607771233 , LA QUINTA COMM. DEV. GRANT DEED IQ UU I/VVI FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Owner B hereby GRANTS to Owner A the real property in the City of County of Riverside La Quinta State of California, described as (Property Description) that portion of land in Lot B which is overlaid by the reconfigured shape of Lot A pursuant to LLA _ _ approved by the City of La Quints, 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 Le Quints. O 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'/," x I I") of the new parcels, respectively (see attached sample Exhibits A and B). O If structures or other improvements exist on the affected parcel(s), provide separate plot plan showing dimensioned location in relation to new property lines. 0 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. >Oi6-0,O6•+s+4+iJeiei4'k4fi,vN?•e04?ai404.0. 4.4oA ei4. SIGNATURE OF APPLICANT NAME OF APPLICANT 7- SIGNATURE OF PROPERTY OWNER IF NOT SAME AS APPLICANT: NAME OF OWNER /// vz:: „ SIGNATURE OF PROPERTY 01 IF NOT SAME AS APPLICANT: NAME OF OWNER SIGNATURE OF PROPERTY OWNER IF NOT SAME AS APPLICANT: _ NAME OF OWNER (Print) „C„ DATE/,2-2—Z-D r DATE /,Q ^ Z 2 -D DATE _ DATE�zi DATE c DATE DATE (Separate written authority by owner to submit application may be provided) I hereby certify that all information contained in this application, including all plans and materials required by the City"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. A16:LLA 1.7116/97 Appvd 2/2000 edi City of La Quinta ineering Plan Check Application and Fee Lot Line Adjustment Project: Development Identification Number: Date: L Map/Plans Submitted for Checking Fee Surveyor's Checking Fee $50 x y Lots Total Fee: $F CITY ACCOUNT INFORMATION 101-000-443-318 APPLICANT INFORMATION PERSON WHO IS RESPONSIBLE FOR PLAN CHECKADMINISTRATIVE DUTIES: ENGMEERING FIRM/PERSON FORPREPARING PLANSIMAPS: RESPONSIBLE ��— NAME NAME NAMEOFFIW NAMEOFFIRM / ADDPES/�S ADDRESS CITY STATE LP l7TY STATE W `T7/— o;k9i6 777 —7�o TELEPHONE Fla TEIFPHONE FAX EKA. EMAIL CITY STAFF DATE 78-495 Calle Tampico • P.O. Box 1504 - La Quinta, CA 92253 - (760) 777-7075 - (Fa)o 777-7155 \\CIIDADMFSI\PIMB KR\PW F.PnnO..S\FORMS\FOW-H❑DC JA4- ESRPAUL SHARI L PAUL 55-585'9HERRY HILLS PH, 760-771-2910 LA QUINTA, CA 92253 PAY TO THE ORDER OF 8501 '-2 Z 90-3342/1222 IDATE C. $ �J.. .p. DOLLARS of B. VALLEY INDEPENDENT BANK 1-800-942-M2 FOR 1: 12 2 2 38 4 20e:8 50 1 00800 2 L. 4 9u•' P.O. Box 1504 78-495 CA1.i.E TAMPICO LA QUINTA, CALIFORNIA 92253 June 28, 2005 Mr. James R. Paul 55-585 Cherry Hill La Quinta, CA 92253 RE: Lot Line Adjustment 2005-434 Dear Mr. Paul: (760) 777-7000 FAX (760) 777-7101 The Community Development Department has reviewed and approved your lot line adjustment within Tentative Parcel Map 29351 on Corporate Center Drive. Enclosed is the approved original Grant Deed and the exhibits for this lot line adjustment. All the original approved documents are to be recorded with the County Recorder, and a recorded copy is to be returned to us for our files. The lot line adjustment is not complete until the recorded copy is received. Please add the correct lot line adjustment number (2005-434) to the exhibit. I have attached a letter to the County Recorder indicating that it is approved. Please present it to them along with the exhibits. Please feel free to contact me if you have any questions. Sincerely, Consulting Planner lla N.O. Box 1504 78-495 CAI.LF. TAMPICO LA QUINIA, CALIFORNIA 92253 June 28, 2005 County Recorder County of Riverside Post Office Box 751 Riverside, CA 92502 RE: Recording of Lot Line Adjustment 2005-434 To Whom it May Concern: (7-50) 7 7 7 - 7 0 0 0 FAX (750) 777-7101 The City of La Quinta has approved the above referenced Lot Line Adjustment in La Quinta. Please allow its recording as presented by Mr. J. Paul or his representative. Please feel free to contact me if you have any questions. Sincerely, Nicole Sau i Cri e Consulting Plann No0* NOTE: THIS PLAT WAS PREPARED FROM RECORD DATA ONLY AND DOES NOT REPRESENT A SURVEY OF THE PROPERTY SHOWN HEREON. 'SHEET 1 OF 1 LOT LINE ADJUSTM_ ENT. 04-XXX EXHIBIT "B" NOTE: THERE MAY BE EASEMENTS OF RECORD DELINEATED AND REFERENCED ON THE UNDERLYING MAP OR THERE MAY BE EASEMENTS WITHIN THE AREA BEING ADJUSTED THAT ARE NOT SHOWN ON THIS DOCUMENT. LEGEND ( ) = RECORD PER PIAB 197/33-36 UNLESS NOTED OTHERWISE. 1O— = NEW LOT UNE. FIER THIS ADJUSTMENT EX LOT LINE TO BE REMOVED 3O— = EX LOT LINE TO REMAIN P.O.C. R. PAR. A" cO 9CyF� � 0 U ITY DEVELUPMENj DEPA TMEPE!�sZr—l/2 AAPPRO DATE ' PARCEL MAP NO. 293633' P.M.B. 197-33-36 _ —� NU• LL�I' ' ?-�5 - �f3 s 2 gs3PARCEL 'A o 22,658 SF 3 �D y h w o P.O.B. DR. C" ^ , 2 PARCEL MAP NO. 29357 ' P.M.B. 197-33-36 U p 156.41 ' N A `t LO N89.4628 E j 173.41 I� O 10 m PARCEL "C" PARCEL MAP NO. .29351 45,654 SF ° 5 P.M.B. 197-33-36 p `b j I 3 �� N P.O.B. PAR. 9: --� PARCEL 'B" 26,320 SF s ! (N8943 24 E) 175.32' CORPORA TE CENTRE DRIVE The Keith Companie To -pis net r.r*w A mk AV F,h, tw..t cI SAM (WOj "I -atilt I I PREPARED UNDER THE SUPERVISION OF. DEAN J. PALUMBO, P.L.S. 5697 DATE W Doc t .2zo4-102081.2 12/29/2004 05:00A Fse:NC Goys r of 9 Recorded in offlolal Remrdu No Recording Feescounty of Riverside Wry t . ores Required Pei Rwosor, County Clerk 8 Renm•der G°"` n 27383 codSectionSec27I 1111111111111111111111111 IIIIIIII[II Ill I[I[I IIIlllll � RECORDING REQUESTED BY AND WI-.N RECORDED MAIL TO: EM2 COACHELLA VALLEY WATER DISTRICT Post Office Box 1058 Coachella, California 922363LM0 MCND IY+.M omcrn (Space above this line is for Recorders Use) GRANT OF EA S E M E N T/ P I PELINE FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, JAMES R- PAUL AND SHARON LEE PAUL, Husband and Wife as Joint Tenants does hereby grant to the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California, and its successors and assigns, an easement to build and maintain an underground pipeline, and necessary devices and appurtenances, over, under, along and across that certain real property in the County of Riverside, State of California, described as follows EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS PARCEL 3 AS SHOWN ON PARCEL MAP NO.29351 ON FILE IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. THIS EASEMENT SHALL BE LIMITED TO TIIE GENERAL EASEMENT OF TRAVEL. SAID ABOVE DESCRIBED PARCEL AS SHOWN ON ATTACHED EN HIB1T "B" BY THIS REFERENCE BEING MADE A PART HEREOF. LAND c,. prepared unnderthe supervisionof' �,_,/���,.,�j I IN.OdL 1L —Dart: d—z yr Angela L. Dori; P.L.S. #8Q10 Expires 12/31/04 THE KEITH COMPANIES, INC. 73-733 Fred Waring Dr., Suite I OO Palrn Desert, CA 92260 (760)346-9844 0.\C}Y2000\4057108\dreuingskutvcIAESM1157108_Irgnl_A'aro'Ipage Iitiof2 No. 8010 Exp. 12/31 /04 EXHIBIT " B" SHED 1 OF 1 MAP TO ACCOMPANY OFFER OF DEDICATION EASEMENT PARCEL MAP NO. 29351 CCgcxy P.M.B. 10 7/33-- TF PARCEL 9 PARCEL CORPORA TE CENTRE DRIVE — _ c7F0 SAND Spy I E L �p� Fto `� No. BO10 SGRLE �� PREPARED UNDER THE Exp. 12/31/64 SUPERVISION OF.• FFA nu nu wd-w9912 II�III ��III� 1111 1111 Ell till lllllil 11111111 IIII IN12/29/aBoG 7B • 0BP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Stale of California County of lur.t I6-- ss. On 1 2( j 04 Dole personally appeared y ANGEtA E. DORF Commissionv 13'.D471 Notary Public - Calirarei*/ Riverside county My Cbn-n. Ecprt,,.tun 24,200 personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4s/are subscribed to the wit in ins t and acknowledged to me that he/she/they executed the same in 4te+ecltheir authorized capacity(ies), and that by Mather/their signature(s) on the instrument the person(s), or the entity upon behalf of which the petson(s) acted, executed the Instrument. 7ESS my hand and official seal. Ci Qjp -- Me,. N.t Seal Ab.11 U 1, .1. 01 NOlel F.LV OPTIONAL �- Though the Information betow is not required by law, It may prove valueble to persons relying on the document and could prevent fraudulent ramovel and reattachment or this form to anolher document. Description of Attached Document Title or Type of Document: -- Document Dale: Number of Pages: -- Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: EMIT- 7 Individual Top of thumb here i] Corporate officer — Title(s): r Partner —G Limited LI General [-' Attorney in Fact Trustee f= Guardian or Conservator 171 Other: Signer Is Representing: o uw ueuroi Noun ansm�,�e..mw oaaa....eo.ec.:wz-Omu-m., e. meu.r.m.--�.nmcw�inr.vry F. xo nvr a� Gu•d�.Rne �.rce-o�nanar I lIII !lIIIIIIIlIII III�lI! lillll I lllllllil l!1 122094-162912 9?aoof Z8 1 SSA Recording requested by and when recorded return to: Coachella Valley Water District Post Office Box 1058 Coachella, California 92236 RESOLUTION It was moved by Director Larson, seconded by Director Kitahara, and carved unanimously that the Secretary of this Board be and she is hereby authorized, on behalf of COACHELLA VALLEY WATER DISTRICT, to accept and consent to the recordation of all deeds or other written instruments in favor of the District, or which may be necessary or convenient to establish the record title of the District to real property, and that the Secretary is directed to make a monthly report to said Board, itemizing all such instruments accepted by her. STATE OF CALIFORNIA ) COACHELLA VALLEY WATER DISTRICT) ss. OFFICE OF THE SECRETARY ) I, JULIA FERNANDEZ; Secretary of the Board of Directors of the Coachella Valley Water District, DO HEREBY CERTIFY- that the foregoing is a true'dbpy of a resolution adopted by said Board at a regular meeting thereof duly held and convened at its office at Coachella, California, on the 23 d day of July, 2002, at which meeting all Directors were present and acting throughout. I further certify that by authority of said Resolution I accept and consent to the recording -of the attached grant of easement/pipeline to Coachella Valley Water District, dated October 21, 2004, executed by James R Paul and Sharon Lee Paul, conveying a portion of the northwest quarter of section 29, township 5 south, range 7 east, San Bernardino Base and Meridian, for domestic water purposes. Dated this 28th day of December, 2004. `.. �.: C• y� Julia Fernandez Secretary (SEAL) 7F:cpmd,04�decWsul Iliflll llillll IlIIIIIIIIII [lll it II IIClllll !il 1z 29a5 o�e5ieaR RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: James R. Paul and Sharon Lee Paul 55-585 Cherry Hill LaQuinta, CA 92253 A.P.N.: 649- azo o 14 GRANT DEED Above This Line for Recorders Use Only File No.: NCS-118566-ONTI O The Undersigned Grantor(s) Declare(s)• DOCUMENTARY TRANSFER TAX $-0 CITY TRANSFER TAX $-0 computed on the consideration or full value of property conveyed, OR computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, unincorporated area; [ x ] City of LaQuinta, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,111 Venture LLC, a Califorina limited liability company hereby GRANTS to James R. Paul and Sharon Lee Paul, husband and wife, as joint tenants the following described property in the City of LaQuinta, County of Riverside, State of California: That portion of Parcel "A" which is overlaid by the reconfigured shape of Parcel B pursuant to Lot Line Adjustment _ approved by the City of LaQuinta. The reconfigured parcels 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 approved by the City of LaQuinta. Mail Tax Statements To: SAME AS ABOVE as A.P.N.: Dated: 02/25/2005 111 Venture LLC, a California limited liability company By: SCS Family Limited Partnership, a Nevada limited partnership, Manager Grant Deed - continued By: Woodpark Development Company, Inc.,, a Califor ia� General Partner BY. G. Scott Gayner, President STATE OF —C 3 } ss. COUNTY OF On 4 File No.:NCS-118566-LINT1 (Ik) Date: 02/ 25/ 2005 me, before appeared � -A f_ personally personally known to me (o p� ea r S a�tri�rtnry P 'g I to be the person(,e whose name Is/are subscribed to the within instrument and acknowledged to me that he/&� executed the same in his h 4the r authorized capacity(ies) and that his/#e4t4eir signature (gj on the instrument the persons) or the entity upon behalf of which the person �4 acted, executed the instrument. WITNESS my hand and official seal. Signature L// ' CELESTE LITTLETON Commission # 1374480 Notary Public - Collfornla Orange County My Commission Expires: �/ �7( MYCamm.'ExpiresSep122pp� Notary Name: Notary Phone: 7 SSA Fj373 Notary Registration Number: /,3%�_ F(F �O _ County of Principal Place of Business: 0/- 'j(- .0— This area for officiai notarial seal Page 2 of 2 EXHIBIT "A" LOT LINE ADJUSTMENT 04-XXX LEGAL DESCRIPTION EXISTING PARCEL "A" PARCEL 2 OF PARCEL MAP NO.29351 AS SHOWN IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. Page 1 of 4 EXHIBIT "A" LOT LINE ADJUSTMENT 04-XXX LEGAL DESCRIPTION ADJUSTED PARCEL "A" A PORTION OF PARCEL 2 OF PARCEL MAP NO.29351 AS SHOWN IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RNERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2 OF SAID PARCEL MAP; THENCE SOUTH 71 °20'47" EAST 163.00 FEET; THENCE SOUTH 00013'32" EAST 119.32 FEET; THENCE SOUTH 89046'28" WEST 156.41 FEET; THENCE NORTH 00030'03" WEST 172.08 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL "A" CONTAINS 22,658 SQ. FT., MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Dean J. Palumbo PLS 6697 Exp. 06/30/06 LAND SCi Pq�L� No. 6697 *\ Exp. 06/30/06 Page 2 of 4 EXHIBIT "A" LOT LINE ADJUSTMENT 04-XXX LEGAL DESCRIPTION EXISTING PARCEL "B" PARCEL 3 OF PARCEL MAP NO. 30420 AS SHOWN IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. Page 3 of 4 EXHIBIT $'A" LOT LINE ADJUSTMENT 04-XXX LEGAL DESCRIPTION ADJUSTED PARCEL °B" PARCELS 2 AND 3 OF PARCEL MAP NO. 29351 AS SHOWN IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, EXCEPTING THEREFORE THE FOLLOWING DESCRIPTION; BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2 OF SAID PARCEL MAP; THENCE SOUTH 71020'47" EAST 163.00 FEET; THENCE SOUTH 00013'32" EAST 119.32 FEET; THENCE SOUTH 89046'28" WEST 156.41 FEET; THENCE NORTH 00030'03" WEST 172.08 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL `B" CONTAINS 28,300 SQ. FT., MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND 13Y THIS REFERENCE MADE A PART HEREOF. Dean J. Palumbo PLS 6697 Exp. 06/30/06 0 LAND Q� N0. 6697 Exp. 06/30/06 Page 4 of 4 1 EXFIIHIT "B" PARCEL MAP NO. 29351 P.M.B. 197-33-36 0 w 0 h N�jzp4T �630.�. 1g096. 2 PARCEL 'A" 22,658 SF N89'4628"E 156.41' 3 004c'yFl LYgpF� PARCEL "B" 28,300 SF N89'4324"£ 175.32' 3 a m SHEET 1 OF 1 CORPORA TE CENTRE DRIVE NEW LOT LINE EXISTING LOT LINE NOTE: THIS LOT LINE ADJUSTMENT TO REMAIN DOESN'T AFFECT OR SUPERCEDE ANY EXISTING EASEMENTS ON THE _ _ _ _ EXISTING LOT LINE SSE; 1' 60, PROPERTY TO BE DELETED LOT UNE ADJUSTMENT 04—XXX PREPARED UNDER THE SUPERVISION OF.- No. 6697 —\ I IThe Keith Compani=_ Exp, 06/30/06 DEAN J. PALUMBO, P.L.S. 6697 FJL-FM ~ Forow ^ Ak% AV Ashn Awwt Cd MW &W.) dW-AW Letter of Transmittal Date: March 24, 2005 To: Stan Sawa City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 CC: Re: 100 AC Ranch Equestrian Easement The Keith Companies Job No.: 40571.08.001 Project: 100 AC Ranch MAR 2 5 N05 We are sending you attached as checked below: i 2LLA i rm N 1 i 0 For approval ❑ For your use ❑ As requested ❑ For review & comment ❑ Other: Items transmitted: Copies Doc Date Pages Description 1 03-23-05 Check #8501 (LLA Application Fee) 2 9-30-04 12 ea Prelimina Report Order # NCS-118566RIV) 2 3 ea Application For Lot Line Adjustment Approval 2 2-25-05 9 ea Grant Deed & Plats for APN's 649-820-013 & 014 (Exhibits A & B) 2 4ea Parcel Map No. 29351 Remarks: VIA CALIFORNIA OVERNIGHT Signed: Angela E. Dorf, PLS Project & Mapping Manager (760) 346-9844 (t), (760) 346-9368 (f) email: angela.dorf@keithco.com 73733 Fred Waring Drive Palm Desert Califomia 92260 t: 760.346.9844 f: 760.346.9368 viw .keithwmm 0: ICFP2000140571081docsltmnsmd105-03-24SSawaTransmittat dx C CITY OF LA QUINTA -- Community Development P.O. BOX 1504 - LA QUINTA. CA 92253 - PH: 760-777-7125 - FAX: 760-777-1233 TRANSMITTAL MEMO TO: CITY MANAGER DSUSD / CVUSD XXX BUILDING & SAFETY CV PARKS AND RECREATION _ CODE ENFORCEMENT XXX CVWD XXX FIRE MARSHAL XXX VERIZON XXX PUBLIC WORKS DEPT. XXX IID COMMUNITY SERVICES XXX SO CAL GAS PLANNING MANAGER/DIRECTOR COUNTY PLANNING XXX PRINCIPAL PLANNER - FB / SS CITY OF INDIO ASSOCIATE PLANNER - MM RIVERSIDE COUNTY SHERIFF FROM: WALLY NESBIT (760-777-7069) — wnesbit@la-ouinta.org DATE: 4/27/2005 SUBJECT: PARCEL BOUNDARY — LOT LINE ADUSTMENT CASE(S): LLA 2005-434 — JAMES R. PAUL LOC/SITE: NORTH SIDE OF CORPORATE CENTER DRIVE, ADJACENT TO CV WHITEWATER CHANNEL (SEE ATTACHED INFO) PLEASE REVIEW AND COMMENT ON THIS PROPOSAL BY: MAY 13, 2005 (COMMENTS MAY BE UNDER SEPARATE COVER, ATTACHED, OR ENTERED BELOW) ATTACHMENTS: LEGALS; MAP EXHIBITS SPECIAL INSTRUCTIONS: PLAN C N }� PCN Please use this Han Check Number (PCN) on all correspondence while plans are in Plan check M CITY OF LA QUINTA -- Community Development P.O. BOX 1504 - LA QUINTA, CA 92253 - PH: 760-777-7125 - FAX: 760-777-1233 TRANSMITTAL MEMO TO: CITY MANAGER DSUSD / CVUSD XXX BUILDING & SAFETY CV PARKS AND RECREATION CODE ENFORCEMENT XXX CVWD XXX FIRE MARSHAL XXX VERIZON XXX PUBLIC WORKS DEPT. XXX IID COMMUNITY SERVICES XXX SO CAL GAS PLANNING MANAGER/DIRECTOR COUNTY PLANNING XXX PRINCIPAL PLANNER - FB / SS CITY OF INDIO ASSOCIATE PLANNER - MM RIVERSIDE COUNTY SHERIFF FROM: WALLY NESBIT (760-777-7069) — wnesbit@la-quinta.org DATE: 4/27/2005 SUBJECT: PARCEL BOUNDARY — LOT LINE ADUSTMENT CASES : LLA 2005-434 — JAMES R. PAUL LOC/SITE: NORTH SIDE OF CORPORATE CENTER DRIVE, ADJACENT TO CV WHITEWATER CHANNEL (SEE ATTACHED INFO) PLEASE REVIEW AND COMMENT ON THIS PROPOSAL BY: MAY 13, 2005 (COMMENTS MAY BE UNDER SEPARATE COVER, ATTACHED, OR ENTERED BELOW) ATTACHMENTS: LEGALS; MAP EXHIBITS SPECIAL INSTRUCTIONS: PLAN C - N PCN Please use this an Check Number (PCN) on all correspondence while plans are in Plan check City Of La QuintQ " OFFICE USE ONLY . Al .5 Communi velopmentDepartment ;:caseaN.LLA005_�f3cj pL °«o 78- Ile Tampico RC 3 Date.Recvd. 3I3J OS c California 92253 " F« R 12 ':#1(0)'777-1233 . Relatea.npps:� R J Ap utNzp'' MAR 3 70n5 ctnQF�£atp,. or up h, 1(F 1OIrtr.M h,0 �+ Ft�pN 'OMMUNI-YLDVA06P4: AP TION FOR LOVE ADJUSTMENT APPROVA1;wYh`4 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 lot's into sizes or shapes appropriate for desired uses and in compliance with Municipal Code requirements. va44Y+?.16%## ..;..,..;.'y JO .y.;.%%.*_.; y.e.;.Ss0 .-4..;i.y•'r 3.9v4.110 4. C.sS sq•40b4 APPLICANT Jame�S R. Paul (Print) MAILING ADDRE CITY, STATE, ZIP `Owner "A" Name: 1 1 1 Venture LLC Address: 400 Goddard Irvine CA 92618-4810 (City) (State) (Zip) 'Owner •B" Name: James R. Paul yu u� (City) (State) (Zip) *Owner '•C"Name: N/A Address: (City) (State) (Zip) 'Attach sheet for additional owners 1. 0.'; r M �MV.111011 Assessor's Parcel Number: 649-820-013 Street Address (if any): - Property B: Assessor's Parcel Number: 649-820-014 Street Address (if any): - Property C: Assessor's Parcel Number: N/A Street Address (if any): DESCRIPTION OF ADJUSTMENT REQUESTED: No.70-285-1363 Fax • 84 Phone: 760-285-1363 Phone: Adjust common line between A16:LLA 1-7/16/97 Appvd 1/6/98 cdi Jpa§dN FOR REQUEST: APPLICABILITY - The following criteria must be met to approve a lot line adjustment: ❑ The adjustment shall not create a greater number of parcels than originally existed. ❑ The resulting parcels shall conform with City Zoning and Building Codes. ❑ The adjustment shall not cause existing uses or improvements of the property to be out of compliance with any provision of the City Codes. �,rn.r**,r*r*.r crrgMISS10N >:O IIREMENTS: .. ❑ Existing grant deeds or title reports for all affected parcels. a An acceptable legal description of each existing parcel and a metes and bounds description of each new parcel proposed. ❑ Closing calculations for each new parcel proposed. ❑ Original, unrecorded Grant Deeds for each new parcel with the following: ❑ State on the Grant Deed when all affected parcels are under one ownership. GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged Owner A hereby GRANTS to Owner A the real property in the City of La Quinta County of Riverside State of California, described as (Property Description) See Exhibits A and B attached hereto and by reference made a part hereof. NOTE: This grant deed implements the revised lot configurations pursuant to Line Line Adjustment _•_ as approved by the City of La Quinta. All property subject to this lot line adjustment is owned by a single entity, hence ownership conveyance is a nonessential secondary function of this deed. The primary function of the deed is to provide constructive notice of the revised lot configurations pursuant to Government Code Section 66512 Id), and to perfect the intent of the Lot Line Adjustment _ _ as approved. ❑ State on Grant Deed when affected parcels are under multiple ownership: GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Owner A hereby GRANTS to Owner B the real property in the City of County of Riverside La Quinta State of California, described as (Property Description) that portion of land in Lot A which is overlaid by the reconfigured shape of Lot B pursuant to LLA approved by the City of La Quinta. The reconfigured lots are described in Exhibits A and B attached hereto and made a part hereof. A16:LLA 1-7116/97 Appvd 1/6/98 cdi 2/22/2003 17:12 FAX 7807771233 LA IIUINTA UUNN. Utv. GRANT DEED WVV 1/VV 1 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Owner 8 hereby GRANTS to Owner A the real property In the City of County of Riverside La Quints 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 Quints, The reconfigured lots are described in Exhibits A and 8 attached hereto and made apart hereof. NOTE: This grant deed perfects the Intent of Lot Line Adjustment _ _ as approved by the City of Le Quints. O Attached to the Grant Deeds shall be Exhibits A and B, a metes and bounds legal description of the new panels and a plat (g'/i ' x I I") of the new parcels, respectively (see attached sample Exhibits A and B). 0 If structures or other improvements exist on the affected parcel(s), provide separate plot plan showing dimensioned location in relation to new property lines. 0 Filing fee for Lot Line Adjustment. If riling 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. aaaaaaaa++ee 64F4'a4.4'a4004,4.4,4.4C.004.6 SIGNATURE OF -APPLICANT NAME OF APPLICANT—_`L SIGNATURE OF PROPERTY OWNER IF NOT SAME AS APPLICANT: NAME OF OWNER /// 1IeB. 1. SIGNATURE OF PROPERTY 01 IF NOT SAME AS APPLICANT: NAME OF OWNER SIGNATURE OF PROPERTY OWNER "C" IF NOT SAME AS APPLICANT: NAME OF OWNER (Print) .TES/ -ZZ-D DATE__.4i& ^ Z 2 -0 Y DATE DATE kTE z o DATE DATE (Separate written authority by owner to submit application may be provided) I hereby certify that all information contained in the 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. A16:LLA 1.7116/97 Appvd 2/2000 cdi 108j 1 ET 'E MAINTENANCE WALX EASEME IT D HEREON .51 - -- -- - " - NB9'43'24'E W43'24 E 500.81/' 'E MAINTENANCE WALL( EASEMENT I HEREON 1016.46' 545.61' R 0n��-q 4T1y ` /Y 9��?71689 ` 'J" ' V / �// ,A Nn / PARCEL 2 0.65 ACRES NET 118746'28 E 149.52' ol 12�� N � M PARCEI v Z PARCEL 3 1.00 ACRES 0.52 ACRES NET d - 79.95' t13'33'04 a19'13, A--19*13'32 L2 &-19'13'32 - -4`13_39'$4' ;� 6I4'TO CRY FOR PUHUC R/W n 32' 32' DEDICATED ASP 1 OE MST. N E 24 m' g DOTED O.R. PARCEL PARCEL 9 3.26 ACRES NET 5 0.68 ACRE: . C4 _.._ Order Number: NCS-118566RIV Page Number: 1 Amended AMC First American Title Insurance Company National Commercial Services 3625 Fourteenth Street Riverside, CA 92501 September 30, 2004 Angela The Keith Companies 73733 Fred Waring Drive, Suite 100 Palm Desert, CA Phone: (760) 346-9844 Fax: Title Officer: Greg Franke Phone: (951) 781-8637 Fax No.: (951) 498-8925 E-Mail: gfranke@firstam.com Buyer: Owner: 111 Venture LLC PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or reh�med to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. FirstAmencan Title Insurance Company Order Number: NCS-118566RIV Page Number:2 Dated as of September 17, 2004 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: 111 Venture LLC, a California limited liability company (as to Parcel 2); James R. Paul and Sharon Lee Paul, Husband and Wife as Joint Tenants (as to Parcel 3) The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2004-2005, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. 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, aquired, reserved or accepted for public use and also any and all private easements and rights of way for roads, pipelines, ditches and conduits on, over, under or across the herein described property, existing for the purposes of ingress and egress from other lands by means of such roads and for the purpose of conveying irrigated and domestic water to such other lands by means of such pipelines, ditches and conduits. 4. The terms and provisions contained in the document entitled ""Commercial Domestic Water and/or Sanitation Installation Agreement."' recorded June 19, 2000 as inst. no. 2000-233566 of Official Records. First American Title Insurance Company Order Number: NCS-118566RIV Page Number:3 5. An easement for public street, public utility and incidental purposes, recorded July 11, 2000 as inst. no. 2000-267424 of Official Records. In Favor of: City of La Quinta Affects: a portion of said land 6. An easement shown or dedicated on the Map as referred to in the legal description For: 10' landscape maintenance, sidewalk and incidental purposes. The effect of the following recitals as shown by the Owner's Statement of Parcel Map No. 29351: A) We hereby reserve a non-exclusive, reciprocal easement for purposes of Ingress and Egress over and across all of Parcels 1 through 12, Inclusive, for the sole benefit of ourselves, our Successors, Assignees and Parcel owners within this Parcel Map. This easement shall be limited to the general easement of travel. B) We hereby dedicate a permanent, non-exclusive, Reciprocal easement for purposes of drainage over all of Parcels 1 through 4, inclusive, for the sole benefit of Ourselves, our Successors, Assignees and Parcel owners within this Parcel Map. This easement shall be for the purposes of construction and maintenance of drainage and storm water facilities. 8. An easement for communications, telecommunications and incidental purposes, recorded October 6, 2000 as inst. no. 2000-396210 of Official Records. In Favor of: GTE California Inc. Affects: a portion of said land 9. Covenants, conditions, restrictions and easements in the document recorded November 21, 2000 as inst. no. 00-466111 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Tide 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. INFORMATIONAL NOTES The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. FirstAmerican Title Insurance Company Order Number: NCS-118566RIV Page Number: 4 LEGAL DESCRIPTION Real property in the City of La Quinta, County of Riverside, State of California, described as follows: PARCELS 2 AND 3 AS SHOWN BY PARCEL MAP ON FILE IN BOOK 197 PAGES 33 THROUGH 36 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. First American Title Insurance Company Order Number: NCS-118566RIV Page Number:5 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American 71-de Insurance Company Order Number: NCS-118566RIV Page Number:6 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: t. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by personsiin possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting, from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage tothe 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. Unenforeability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder,, (c) resulting in no loss or damage to the insured claimant; (d) attaching or First American Title Insurance Company Order Number: NCS-118566RIV Page Number:7 created subsequent to Date of Policy{: or (e) resulting in loss a damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. Taxes or assessments which are not Shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims Which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to thedate such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicatile "doing business" laws of the state in which the land is situated. S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumished, imposed by law and not shown by the public records. First American Title Insurance Company Order Number: NCS-118566RIV Page Number:8 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM I COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or Completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any Consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent Conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary Imes, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. S. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 FyrstAmencan Title Insurance Company Order Number: NCS-118566RIV Page Number:9 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Dare of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (1) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Assodation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE 8 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Ads authorizing the issuance thereof; water rights, claims or title to water. 6. Any her, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule 6, you are not insured against loss, costs, attorneys' fees and expenses resulting from: Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The riqht to take the land by condemninq it, unless: First American Title Insurance Company Order Number: NCS-118566RIV Page Number: 10 * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Ttle Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. S. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c, that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. S. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: First American Title Insurance Company Order Number: NCS-118566RIV Page Number: 11 I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforoeability 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: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest 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: (1) 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. 8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason of: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Tile Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. First American Title Insurance Company Order Number: NCS-118566RIV Page Number: 12 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: I. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE First American Title Insurance Company 08/23/2005 16:55 FAX 7607771233 LA QUINTA COMM. DEU. Rrml ** TX REPORT TRANSMISSION OK TX/RX NO 3165 DESTINATION TEL 0 93222780 DESTINATION ID NICOLE CRISTE ST. TIME 06/23 16:54 TIME USE 01,11 PAGES SENT 2 RESULT OK FAX MNSMITTAL 17s City of La Quinta �a Community Development Department c�bo. 78-495 Calle Tampico La Quinta, California 92253 Phone: 760-777-7125 Fax 760-777-1233 TO: I f�-t e ® FROM: U DATE: FAX NO. FAX NO. Page 1 of .�. •.'... i�.0. 'i •�. y.. . •�..�..�.•�••�.•�.•�. P�••�. 4. •�..�.4.-Ile+•14..�.., e•�..�. •�. y..�..�..�. 4.A* .#..�i•�..�.�•.�s.�..�•�i JUN 13 2005 A divinon of Imperial Irrigation District 81-600 Avenue 58 • La Quinta, CA 92253 • www.iid.com IIDPD-DDC June 6, 2005 City of La Quinta Mr. Wally Nesbit, Associate Planner �- Community Development Department Post Office Box 1504 La Quinta, CA 92253-1504 Subject: PARCEL BOUNDARY — LOT LINE ADJUSTMENT, LLA 2005- 434- JAMES R. PAUL, NORTH SIDE OF CORPORATE CENTER DRIVE, ADJACENT TO CV WHITEWATER CHANNEL. Dear Mr. Nesbit: We assessed the impact this project will have on electrical service to the area. We found that although the impact is not significant, the cumulative impact of projects of this size do increase the electrical demand on the Imperial Irrigation District's (IID's) system. If you have any questions regarding this matter, or if I can be of further assistance, please contact me at (760) 398-5863 Sincerely, Guille o Iaza Distribution Planne cB/dd 06720/2005 10 59 FAX 7807771233 LA QUINTA COMM. DEV. R f)f)l *** TX REPORT** TRANSMISSION OK TX/RX NO 3148 DESTINATION TEL # 93222760 DESTINATION ID NICOLE CRISTE ST, TIME 06/20 10:58 TIME USE 01,11 PAGES SENT 2 RESULT OK FAX TUNSMITTAL City of La Quinta Community Development Department `'^roFrr�9 78-495 Calle Tampico La Quinta, California 92253 Phone: 760-777-7125 Fax : 760-777-1233 TO: ILL e 0 r, FAX NO. FROM: DATE: �(o/a0 J�6S FAX NO. (760) 777-1233 Page 1 of t,, •i •;....0.. ..;i.;... *.. ...i• i•�.••'J••i•.•i'•;•A•d �.•�•y.•�.•�••�•........•'.;.+•4.4 Comments: CITY OF LA QUINTA -- Community Development P.O. BOX 1504 - LA QUINTA, CA 92253 - PH: 760-777-7125 - FAX, 760-777 1233 TRANSMITTAL MEMO TO: CITY MANAGER DSUSD / CVUSD XXX BUILDING & SAFETY CV PARKS AND RECREATION CODE ENFORCEMENT XXX CVWD XXX FIRE MARSHAL XXX VERIZON XXX PUBLIC WORKS DEPT. XXX IID COMMUNITY SERVICES XXX SO CAL GAS PLANNING MANAGER/DIRECTOR COUNTY PLANNING XXX PRINCIPAL PLANNER - FB / SS CITY OF INDIO ASSOCIATE PLANNER - MM RIVERSIDE COUNTY SHERIFF FROM: WALLY NESBIT (760-777-7069) - wnesbit la uint r DATE: 4/27/2005 APR 2 � 2005 ML SUBJECT: PARCEL BOUNDARY - LOT LINE ADUSTENT,_ CASE(S): LLA 2005-434 - JAMES R. PAUL LOC/SITE: NORTH SIDE OF CORPORATE CENTER DRIVE, ADJACENT TO CV WHITEWATER CHANNEL (SEE ATTACHED INFO) PLEASE REVIEW AND COMMENT ON THIS PROPOSAL BY: MAY 13, 2005 (COMMENTS MAY BE UNDER SEPARATE COVER, ATTACHED, OR ENTERED BELOW) 'I7;TJ 1 ATTACHMENTS: LEGALS; MAP EXHIBITS SPECIAL INSTRUCTIONS: FAX TRANSMITTAL City of La Quinta 774Sw�,��Community Development Department f0 78-495 Calle Tampico La Quinta, California 92253 Phone: 760-777-7125 Fax 760-777-1233 .•..•..•..•..0000..00000000.:o.•..00000..•.o..•..•..•.o..•..o.•.00..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•. .................................................... TO: lu C qZ� FROM: �(A� DATE: FAX NO. FAX NO. (760) 777-1233 Page 1 of ......•.......•.o.......•.o..00..•.o...•.........00.o..•.o..•........•..00.o. ................................................... Comments: If you did not receive all pages of this document, please call (760) 777- 7 /,9 5- MAILING ADDRESS: P O BOX 1504, LA QUINTA, CALIFORNIA 92253 P:\Fm. wpd �ATEq ESTABLISHED IN 1918 AS A PUBLIC AGENCY G�STRIG� C 08CM LLA MALLET 1ASAT R MIrMI' POST OFFICE BOX 1058 o COACHELLA, CALIFORNIA 92236 o TELEPHONE (760) 398-2651 o FAX (760) 398-3711 DIRECTORS OFFICERS. PETER NELSON. PRESIDENT STEVEN B. ROBBINS, PATRICIA A LARSON. VICE PRESIDENT GENERAL MANAGER CHIEF ENGINEER TELLS CODEKAS MARK BEUHLER, JOHN W. McFADDEN ASST. GENERAL MANAGER RUSSELL KITAHARA May 12, 2005 DAN PARKS ASST TOE GI NERALAMANAGER REDWINE AND SHERRILL. ATTORNEYS Wally Nesbit City of La Quinta Post Office Box 1504 La Quinta, California 92253 Dear Mr. Nesbit: File: 0163.1 0421.1 0721 1 . _h- L MAY 18 200E r Subject: Lot Line Adjustment, LLA 2005-434, Lot Merger No. 00062 The proposed Lot Line Adjustment, LLA 2005-434, does not conflict with District utilities. This area is designated Zone X on Federal Flood Insurance rate maps, which are in effect at this time by the Federal Emergency Management Agency. If you have any questions, please call Georgia Celehar, Principal Stormwater Engineer, extension 2288. GC:md\mg\sw\05\nmy\ne bit 090909-4 Director of Engineering TRUE CONSERVATION USE WATER WISELY CITY PLAN CHECK COMMENTS: 04/14/2005 Brian Ching did Check of closure and Exhibit A and B. Errors in Exhibit A and B noted. Parcel B description on Exhibit A is not accurate. Not approved. Resubmit with closure information and corrections to Exhibit A and B as noted. Title Report also required. ------------ 04/13/2005 RECEIVED LOT LINE ADJUSTMENT SENT TO BRIAN FOR HIS REVIEW (JGJ) City of -La Quinta s rs Community evelopment Department 1 78 495 ,Calle Tampico La Quirta California 92253 (760)•.777 7125 FAQ:: (760) 777-1233 OFFICE USE,ONLY . Case iJo: 3 Date Recvd. 3131 oS Fee: Related Apps:__- 1.4 *5A-),pll"z4t hos xt,. f 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. .• 4. O. 4 4. -4. .•. J..• . .•..•i .0 .D .•. P..;..•..O .•..6 .•..4 .•..•..O .•. O.:..•• :..•- .•... O:.O .;. o..,..4 ..... >,. APPLICANT James R. Paul _ (Print) MAILINGADDRESS 55-585 Cherry Hill Phone No.!6Q-285-1363 CITY, STATE, ZIP La Quinta, CA 92253 Fax No. PROPERTY OWNERS *Owner "A" Name: 111 Venture LLC Address: 400 Goddard Irvine, CA 92618-4810 (City) (State) (Zip) *Owner `B"Name: James R. Paul Address: 55-585 Cherry Hill La Quinta, CA 92253 (City) (State) (Zip) *Owner "C" Name: N / A (City) (State) (Zip) *Attach sheet for additional owners 1 . 1XIENNO Phone: 760-285-1 363 Phone: PROPERTY DATA Property A: Assessor's Parcel Number: 649-820-01 3 Street Address (if any): - R 1 3 2005 Property B: Assessor's Parcel Number: 649-820-01 4 Street Address (if any): - ProperN C: Assessor's Parcel Number: N/A Street Address (if any): DESCRIPTION OF ADJUSTMENT REQUESTED: Adjust common line between A16:LLA 1-7/16/97 pvd 1/6/98 cdi REASON FOR REQUEST: To a--`,ast lotline for CVwD well _ APPLICABILITY - The following criteria must be met to approve a lot line adjustment: ❑ The adjustment shall not create a greater number of parcels than originally existed. ❑ The resulting parcels shall conform with City Zoning and Building Codes. ❑ The adjustment shall not cause existing uses or improvements of the property to be out of compliance with any provision of the City Codes. mlNim m SUBMISSION REQUIREMENTS ❑ Existing grant deeds or title reports for all affected parcels. ❑ An acceptable legal description of each existing parcel and a metes and bounds description of each new parcel proposed. ❑ Closing calculations for each new parcel proposed. ❑ Original, unrecorded Grant Deeds for each new parcel with the following: ❑ State on the Grant Deed when all affected parcels are under one ownership. GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged Owner A hereby GRANTS to Owner A the real property in the City of La Quinta County of Riverside State of California, described as (Property Description) See Exhibits A and B attached hereto and by reference made a part hereof. NOTE: This grant deed implements the revised lot configurations pursuant to Line Line Adjustment _ _ as approved by the City of La Quinta. All property subject to this lot line adjustment is owned by a single entity, hence ownership conveyance is a nonessential secondary function of this deed. The primary function of the deed is to provide constructive notice of the revised lot configurations pursuant to Government Code Section 66512 (d), and to perfect the intent of the Lot Line Adjustment _•_ as approved. ❑ State on Grant Deed when affected parcels are under multiple ownership: GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Owner A hereby GRANTS to Owner B the real property in the City of La Quinta County of Riverside State of California, described as (Property Description) that portion of land in Lot A which is overlaid by the reconfigured shape of Lot B pursuant to LLA approved by the City of La Quinta. The reconfigured lots are described in Exhibits A and 8 attached hereto and made a part hereof. AI61LA 1-7/16/97 Appvd 1/6/93 cdi 12/22/2003 17 12 FA). /601ft1Y33 LA @UINIR UUMM. UtV, GRANT DEED IQJ VU II VV I FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Owner B hereby GRANTS to Owner A the real properly 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 Quints, 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 LW Line Adjustment _ _ as approved by the City of La Quints. ❑ 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'/," x I 1 ") 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 S50.00 per lot (over two lots) shall be paid in addition to Lot Line Adjustment fee. >0344fit••Y.•'•i•fi),i?4."kC.+,4C--4r'ci.0+ -rr4r�74G4vi�v�+e�iei SIGNATURE OF APPLICANT NAME OF APPLICANT_ (Print) SIGNATURE OF PROPERTY OWNER IF NOT SAME AS APPLICANT: NAME OF OWNER /// ll�` SIGNATURE OF PROPERTY Ot IF NOT SAME AS APPLICANT: NAME OF OWNER SIGNATURE OF PROPERTY OWNER "C" IF NOT SAME AS APPLICANT: NAME OF OWNER (Print) r TE_,/7 -ZZ--D DATE/e� ^ Z Z —O Y DATE i _DATE DATE DATE (separate written authority by owner to submit application may be provided) I hereby certify that all information contained in this application, including all plans and materials required by the City'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 pubh'c notices. A16:LLA 1.7116/97 Appvd 2/2000 cdi MMES R PAUL SHARI'L PAUL 55-585 ''HERRY HILLS PH. 760-771-2910 LA QUINTA; CA 92253' PAY TO THE ORDER OF 8501 �7 90-3842/1222 2/ DATE L'. Z, DOLLARS VALLEY INDEPENDENT RANK 1-800-942-6222 FOR 1: 1 2 2 2 31ll. 201:13 SO 1 0013002479116 City of La Quinta Engineering Plan Check Application and Fee Lot (Line Adjustment Project:\ - C Development Identification Number: Mau/Plans Submitted for Checking Surveyor's Cbecking Fee CITY ACCOUNT INFORMATION 101-000-443-318 Date: Fee $50 x G Lots Total Fee: $ "" - " - APPLICANT INFORMATION PERSON WHO IS RESPONSIBLE FOR PLAN CHECK ADMINISTRATIVE DUTIES. ENGFNEE/RMG FIRWPERSON RESPONSIBLE FOR PREPARMG PLANS/MAPS. .--5//�rm.� S, �J. /" .r„*✓^"�'�l _„ :/'`i �'� L ,. Ala V1 \ yam. [,� �i.l.�_ Y-'^lam M _ NAME NAME OF RR NAME OF RW ADDRESS ADDRESS / CITY STATE ZIP CITY STATE ZIP TEILPHONE FAX TELEPHONE FAN: EMAIL EMAIL CITY STAFF DATE 78-495 Calle Tampico P.O. Box 1504 • La Quinta, CA 92253 - (760) 777-7075 - (Fax) 777-7155 \\CI OADMFSI\PIIBWRKS\PWDFPPDOCS\FORMS\FEOAH DOC RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 111 Venture LLC 400 Goddard Irvine, CA 92618 A.P.N.:,9-820 - of 5 GRANT DEED This Line for Recorder's Use Only The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $0.00; CITY TRANSFER TAX $0.00; computed on the consideration or full value of property conveyed, OR computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, unincorporated area; [ x ] City of LaQuinta, and File No.: () FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Ill Venture LLC, a California limited liability company hereby GRANTS to ill Venture LLC, a California limited liability company the following described property in the City of , County of Riverside, State of California: That portion of Parcel "A" which is overlaid by the reconfigured shape of Parcel "A" pursuant to Lot Line Adjustment approved by the City of LaQuinta. The reconfigured parcel is described in Exhibit A attached hereto and made a part hereof. NOTE: This grant deed perfects the intent of Lot Line Adjustment as approved by the City of LaQuinta. Mail Tax Statements TO: SAME AS ABOVE MIM Dated: 02/25/2005 111 Venture, LLC a California limited liability company By: SCS Family Limited Partnership, a Nevada limited partnership, Manager Grant Deed - continued By: Woodpark Development Company, Inc., a California cor ion, General Partner By: 'G.-Scott Gayner, Pr sident STATE OF �1j/f%` } COUNTY OF C�rcz�? -� } ss. } On me, Zle/P, File No.:NCS-118566-ONT1 (Ik) Date: 02/2,5/2005 before personally personally known to me (o ^ a * rr( on the basis of c r=F + — -' ^-P�--�----€_ a-A.��,.,-.;w....e) to be the personS,eJ whose name( is/ace-subscribed to the within instrument and acknowledged to me that he/she({hey executed the same in his hec/their authorized capacity(ies) and that his/her;.tbeir-signatureK on the instrument the personXor the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature This area 1'or offictai notarial sea/ CELESTE LITTLETON Commission k 1374480 ' z . -r Notary Public - California �� —� Orange County My Commission Expires: �y / , J��// L My Comm. ExplresSep 12,2006 Notary Name: L hk [.�/ ' //elm NotaryPhone: Notary Registration Number: /.3 ] Vtl f$'O _ County of Principal Place of Business: Pl//Inll e Page 2 of 2 wIr SHEET 1 OF 1 PARCEL UAP N0, 29J51 P.M.B. 197-33-36 m .11 �� 763pn 8p9B• 2 PARCEL 'A" 22,658 SF N89'46 28"E 156.41 ' 3 c�gctiF� c�'i'NF s�G,Sgii PARCEL 'S" 28,300 SF N89'43240E 175.32' CORPORA TE CENTRE DRIVE NEW LOT LINE EXISTING LOT LINE NOTE: THIS LOT LINE ADJUSTMENT TO REMAIN DOESN'T AFFECT OR SUPERCEDE ANY EXISTING EASEMENTS ON THE _ _ _ _ EXISTING LOT LINE SSE; 1" 60' PROPERTY TO BE DELETED LOT LINE ADJUSTMENT XXX PREPARED UNDER THE Q LAND S� SUPERVISION OF. cC�'E A Rd, _ N0. 6697 —1 I 'The Keith Compani Exp. 06/30/06 DEAN J. PALUMBO, P.L.S. 6697 DATE /p-!JJ ~ MWALV t ma 11710 ik'C j 40571.08 EXHIBIT "A" LOT LINE ADJUSTMENT Q4-XXX LEGAL DESCRIPTION ADJUSTED PARCEL"A" A PORTION OF PARCEL 2 OF PARCEL MAP NO. 29351 AS SHOWN IN BOOK; 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2 OF SAID PARCEL MAP; THENCE SOUTH 71020'47" FAST 163.00 FEET; THENCE SOUTH 00013'32" EAST 119.32 FEET; THENCE SOUTH 89046'28" WEST 156.41 FEET; THENCE NORTH 00030'03" )VEST 172.08 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL "A" CONTAINS 22,658 SQ. FT., MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Dean J. Palumbo PLS 6697 Exp. 06/30/06 LAND rP N0. 6697 Exp. 06/30//06 q�o A —F Page 2 of 4 EXHIBIT "A" LOT LINE ADJUSTMENT OW-XXX LEGAL DESCRIPTION ADJUSTED PARCEL `B" PARCELS 2 AND 3 OF PARCEL MAP NO. 29351 AS SHOWN IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, EXCEPTING THEREFORE THE FOLLOWING DESCRIPTION; BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2 OF SAID PARCEL MAP; THENCE SOUTH 71020'47" EAST 163.00 FEET; J � THENCE SOUTH 00013'32" EAST 119.32 FEET; THENCE SOUTH 89°46'28" WEST 156.41 FEET; N ol� THENCE NORTH 00030'03" WEST 172.08 FEET TO THE POINT OF BEGINNING. of \" .pL x (� Li'L '� SAID DESCRIBED PARCEL `B" CONTAINS 28,300 SQ. FT., MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Dean J. Palumbo PLS 6697 Exp. 06/30/06 LAND Sub No. 6697 Exp. 06/30/06 OF CF F P Page 4 of 4 �" City Of L QllZlltQ OFFICE !IISE ONLY . At . s // r� Communi velopment Department _ CaseNo.p_�S!f3�i ?L °tea 78- lie Tampico 2c tL California 92253 DateRe�vd 3/3f oS 12$-F ': (760) 777-1233 Related.n_ pps: aOtNSP MAR 3 ups Ct Of G�pkPi. qE�-ppl iClsitl' h45 pN { f1hPN on+6+uvi DcVEio` AP TION FOR LOT"L-Wt 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. ... .. APPLICANT JamQ/ R. Parhl (Print) MAILING ADDRE CITY, STATE, ZIP, Fax No.760-285-1363 *Owner "A" Name: 1 1 1 Venture LLC Address: 400 Goddard Irvine C� 92618-481n Phone: q4q-45n-A2.no (City) (State) (Zip) *Owner "B" (City) *Owner "C" Name: N / A Address: R. Paul Cherry H (State) (Zip) (City) (State) (Zip) *Attach sheet for additional owners PROPERTY DATA Property A: Property B: Property C: Assessor's Parcel Number: 649-820-01 3 Street Address (if any): - Assessor's Parcel Number: 649-820-01 4 Street Address (if any): - Assessor's Parcel Number. N/A Street Address (if any): DESCRIPTION OF ADJUSTMENT REQUESTED: Phone: 760-285-1363 Phone: Adjust common line between A16:LLA 1-7/16/97 Appvd 1/6198 cdi -JREHSON FOR REQUEST: APPLICABILITY ' The following criteria must be met to approve a lot line adjustment: ❑ The adjustment shall not create a greater number of parcels than originally existed. ❑ The resulting parcels shall conform with City Zoning and Building Codes. ❑ The adjustment shall not cause existing uses or improvements of the property to be out of compliance with any provision of the City Codes. mINIMUM SUBMISSION RFOUIRp_MENTS7 ❑ Existing grant deeds or title reports for all affected parcels. ❑ An acceptable legal description of each existing parcel and a metes and bounds description of each new parcel proposed. ❑ Closing calculations for each new parcel proposed. ❑ Original, unrecorded Grant Deeds for each new parcel with the following: ❑ State on the Grant Deed when all affected parcels are under one ownership. GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged Owner A hereby GRANTS to Owner A the real property in the City of La Quints County of Riverside State of California, described as IProperty Description) See Exhibits A and 8 attached hereto and by reference made a part hereof. NOTE: This grant deed implements the revised lot configurations pursuant to Line Line Adjustment __-— as approved by the City of La Quinta. All property subject to this lot line adjustment is owned by a single entity, hence ownership conveyance is a nonessential secondary function of this deed. The primary function of the deed is to provide constructive notice of the revised lot configurations pursuant to Government Code Section 66512 (d), and to perfect the intent of the Lot Line Adjustment __ _ as approved. ❑ State on Grant Deed when affected parcels are under multiple ownership: GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Owner A hereby GRANTS to Owner 8 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 A which is overlaid by the reconfigured shape of Lot B pursuant to LL4 approved by the City of La Quinta. The reconfigured lots are described in Exhibits A and B attached hereto and made a part hereof. A161LA 1-7/16/97 Appvd 1161198cdi 2/22/2003 17.12 FAX r l• 7GO7771233 LA OUINTA CONN. DEV. GRANT DEED to uurtuuI FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Owner B hereby GRANTS to Owner A the real property in the City of La Quints County of Riverside State of California, described as (Property Description) that portion of land in Lot B which is overlaid by the reconfigured shape of Lot A pursuant to LLA approved by the City of La Quinta. The reconfigured lots are described in Exhibits A and B attached hereto and made a part hereof. NOTE: This grant deed perfects the Intent of Lot, Line Adjustment _ _ as approved by the City of Le Quints. 13 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%" x I 1") of the new parcels, respectively (see attached sample Exhibits A and B). O If structures or other improvements exist on the affected parcel(s), provide separate plot plan showing dimensioned location in relation to new property lines. 0 Filing fee for Lot Line Adjustment. If riling 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. >044%N<- ++b++J4i�i4�4d;��r4 04?4ir04ri i06�i4GbdG 454004� 6. SIGNATURE OF APPLICANT NAME OF APPLICANT_ SIGNATURE OF PROPERTY OWNER IF NOT SAME AS APPLICANT: NAME OF OWNER _ I/ SIGNATURE OF PROPERTY 01 IF NOT SAME AS APPLICANT: NAME OF OWNER SIGNATURE OF PROPERTY OWNER "C" IF NOT SAME AS APPLICANT: NAME OF OWNER (Print) TE /D -ZZ.-D r DATE_/D ^ 2 Z —D y DATE DATE \TE z o DATE DATE (Separate written authority by owner to submit application may be provided) r I hereby eertlfy 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. A16:LLA 1.7116/97 Appvd 212000 cdi EXHIBIT "A" LOT LINE ADJUSTMENT 04-XXX LEGAL DESCRIPTION EXISTING PARCEL "A" IN THE CITY OF CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. BEING PARCEL 2 OF PARCEL MAP NO. 29351 AS SHOWN IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY. Page 1 of 2 EXHIBIT "A" LOT LINE ADJUSTMENT 04-XXX LEGAL DESCRIPTION ADJUSTED PARCEL "A" IN THE CITY OF CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO. 29351 AS SHOWN IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL, 2 OF SAID PARCEL MAP; THENCE SOUTH 71020'47" EAST 163.00 FEET ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 2; THENCE SOUTH 00"13'32" EAST 119.32 FEET TO A POINT ON THE NORTH LINE OF PARCEL 3 OF SAID PARCEL MAP NO. 29351, SAID POINT LIES SOUTH 89° 46'28" WEST OF THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE SOUTH 89046'28" WEST 156.41 FEET ALONG SAID NORTH LINE OF PARCEL 3, TO A POINT ON THE WEST LINE OF THE AFOREMENTIONED PARCEL 2, SAID POINT LIES SOUTH 00030'03" WEST OF THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE NORTH 00030'03" WEST 172.08 FEET ALONG SAID WEST LINE TO SAID NORTHWEST CORNER, BEING THE POINT OF BEGINNING. SAID DESCRIBED PARCEL "A" CONTAINS 22,658 SQ. FT., MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Exp. 06/30/06 � LAND SUNG f� RUSSELL,I.MUUINS p Nrlo.3712 p Page 2 of 2 Parcel A.txt Parcel "A" Figure Name: <Null> North: 662288.6527 East: 2012361.8486 course: N 71-20-47 w Distance: 163.00 North: 662340.7861 East: 2012207.4151 course: s 00-30-03 w Distance: 172.08 North: 662168.7134 East: 2012205.9112 course: N 89-46-28 E Distance: 23.89 North: 662168.8075 East: 2012229.8016 course: N 89-46-28 E Distance: 132.52 North: 662169.3289 East: 2012362.3181 course: N Distance: North: 662288 652732 w East: 2012361-848619.32 Perimeter: 610.81 Area: 22657.77 Mathematical closure - (uses Survey units) Error of closure: 0.000 Course Precision 1: 610807826.42 Page 1 0.52 acres S 90-00-00 E NOTE. THIS PLAT WAS PREPARED FROM RECORD DATA ONLY AND DOES SHEET 3 OF 3 NOT REPRESENT A SURVEY OF THE PROPERTY SHOWN HEREON. LOT LINE ADJUSTMENT 04-XXX EXHIBIT $$B" NOTE., THERE MAY B£ EASEMENTS OF RECORD DELINEATED AND REFERENCED LEGEND.' _ ON THE UNDERLYING MAP OR THERE ( ) = RECORD PER PMB 157.7/33-36 MAY BE EASEMENTS WITHIN THE AREA UNLESS NOTED OTHE.RWWISE. ADJUSTED THAT ARE NOT SHOWBEING SHOWN ON THIS DOCUMENT (D � = NEW LOT LINE PER THIS ADJUSTMENT - - - - = EX. LOT LINE TO BE: REMOVED Q— = EX. LOT LINE TO REMAIN POB - INDICATES POINT OF' BEGINNING POS PAR. A" 0040 (E) - INDICATES EXISTING y (vgo Fl 76 lygTFL4 kq� n .00, !?p 4 phq �FY S PARCEL MAP NO. 29351 P.M.B. 197/3J-36 I 3 2 N �I of I 7�33� �79 PARCEL ':4 "C 1 22, 658 SF i� ^ I of PARCEL MAP NO. 29351 2 i P. M B. 197/33-36 " 4 0 156.41 ' I N I raj (149.52) (E) 12' PUBLIC DRAINAGE EASEMENT --I N89'4628"E 3 17T.41' 3 I PARCEL MAP NO. 29351 PARCEL "C" I I P.M.B. 197/33-36 5 0 ,q z 45,654 SF N ✓ SCALE.' 1"=60' I 3 PARCEL rSrr n O i 26,320 SF (E) 10' LANDSCAPE AND I "� h SIDEWALK EASEMENT I 3 POB PARCEL "C" I I � bry POB PAR, "B" I N89'4374"E 175.32' I - - -I- - - - - - - - -Zj4r)p=1333'04" 26.34' L='74948' f CORPORA TE CENTRE DRIVE (N89'4J24"E) — (R1900. pOl I - - i The Ketch Companies ncc 73-7,73 Fmd Manng Or Ste. JOO Falm Liwrt• CA YP2190 (760J 9I6-930I PREPARED UNDER THE SUPEOVISION OF: J. MULLINS,NP.L.S. 3712 DA Parcel "A" Figure Name: <NU11> North: 662288.6527 Course: N 71-20-47 W North: 662340.7861 course: 5 00-30-03 W North: 662168.7134 course: N 89-46-28 E North: 662168.8075 course: N 89-46-28 E North: 662169.3289 Course: N 00-13-32 W North: 662288.6527 Perimeter: 610.81 Area: 22657.77 Mathematical Closure - (uses Error of Closure: 0.000 Precision 1: 610807826.42 Parcel A.txt East: 2012361.8486 Distance: 163.00 East: 2012207.4151 Distance: 172.08 East: 2012205.9112 Distance: 23.89 East: 2012229.8016 Distance: 132.52 East: 2012362.3181 Distance: 119.32 East: 2012361.8486 0.52 acres Survey units) course: 5 90-00-00 E Page 1 NOTE: THIS PLAT WAS PREPARED FROM RECORD DATA ONLY AND DOES SHEET 3 OF 3 NOT REPRESENT A SURVEY OF THE PROPERTY SHOWN HEREON. LOT LINE ADJUSTMENT 04-XXX EXHIBIT "B" NOTE.' THERE MAY BE EASEMENTS OF LEGEND. RECORD DELINEATED AND REFERENCED ON THE UNDERLYING MAP OR THERE ( ) = RECORD PER PMB 197/33-36 MAY BE EASEMENTS WITHIN THE AREA UNLESS NOTED OTHERWISE. BEING ADJUSTED THAT ARE NOT DO = NEW LOT LINE PER THIS ADJUSTMENT SHOWN ON THIS DOCUMENT O _ _ _ _ = EX. LOT LINE TO BE REMOVED O3 = EX. LOT LINE TO REMAIN POB - INDICATES POINT OF BEGINNING (E) - INDICATES EXISTING POB PAR. "A" 6,04 chEC 63Opzo¢l.,�cyq�,NF� SrOR�i PARCEL MAP NO. 29351 P.M.B. 197/33-36 bl 3 2 � N PARCEL A"C 1j \� 22,658 SF _n 3 �J PARCEL MAP NO. 29357 P. M B. 1971JJ-36 4 Mo 156.41' N h I (149.52) (E) 12' PUBLIC DR IMAGE EASEMEli a I N89.46 28"E 3 173. 41 ' 3 I, j PARCEL MAP NO. 29351 PARCEL "C" 106 P.M.B. 197/33-3E b 45,654 SF o ry 3 SCALE.' 1"=60' ;o I r--2 PARCEL '23" I w h 26,320 SF (E) 10' LANDSCAPE AND OI .I SIDEWALK E1S£A/ENT "C" c� I 3 PO9 PARCEL I POB PAR. "B"" — —\—/—I I I N89'4324"E 175.32' — — — — — — — �7A=1.FT.T,14"—o_0>.,; . /Ta�T) I _. I N CORPORATE CENTRE DRIVE (N89.43 24 "E) The Keith Oompanie PREPARED UNDER THE SU�RVISION OF., No. 3712 5 79-799 Fmd Fanng Dr SYa. A00 01 c EXHIBIT "A" LOT LINE ADJUSTMENT 04-XXX LEGAL DESCRIPTION EXISTING PARCEL "B" IN THE CITY OF CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING PARCEL 3 OF PARCEL MAP N0, 29351 AS SHOWN IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY. Page I of 2 EXHIBIT "A" LOT LINE ADJUSTMENT 04-XXX LEGAL DESCRIPTION ADJUSTED PARCEL `B" IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING PORTIONS OF PARCELS 2 AND 3 OF PARCEL MAP NO. 29351 AS SHOWN IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2 AS SHOWN ON SAID PARCEL MAP NO 29351; THENCE NORTH 89043'24" EAST 175.32 FEET ALONG THE SOUTH LINE OF SAID PARCEL 3 BEING ALSO THE NORTHEAST RIGHT OF WAY OF CORPORATE CENTER DRIVE TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 00013'32" WEST 150.87 FEET ALONG THE EAST LINE OF SAID PARCEL 3, TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 89046'28" WEST 173.41 FEET TO A POINT ON THE WEST LINE OF THE AFOREMENTIONED PARCEL 2, SAID POINT LIES NORTH 00°30'03" EAST OF THE AFOREMENTIONED SOUTHWEST CORNER OF PARCEL 2; THENCE SOUTH 00030'03" WEST 151.04 FEET ALONG SAID WEST LINE TO SAID SOUTHWEST CORNER BEING THE POINT OF BEGINNING. SAID DESCRIBED PARCEL `B" CONTAINS 28,300 SQ. FT., MORE OR LESS, FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ME RUSSELLJ.MUWNS C7 No. 3712 :p Page 2 of 2 Parcel "a" Figure Name: <Null> North: 662169.3958 course: S 89-46-28 w North: 662168.8075 Course: S 89-46-28 w North: 662168.7134 Course: S 00-30-03 w North: 662017.6788 course: N 89-43-24 E North: 662018.5252 course: N 00-13-32 w North: 662169.3958 Perimeter: 650.64 Area: 26320.36 Mathematical closure - (uses Error of Closure: 0.000 Precision 1: 650642758.92 Parcel a.txt East: 2012379.3180 Distance: 149.52 East: 2012229.8016 Distance: 23.89 East: 2012205.9112 Distance: 151.04 East: 2012204.5912 Distance: 175.32 East: 2012379.9117 Distance: 150.87 East: 2012379.3180 0.60 acres survey units) Course: S 90-00-00 E Page 1 NOTE: THIS PLAT WAS PREPARED FROM RECORD DATA ONLY AND DOES SHEET 3 OF 3 NOT REPRESENT A SURVEY OF THE PROPERTY SHOWN HEREON. LOT LINE ADJUSTMENT 04-XXX NiTHERE MAY BE EASEMENTS OF EXHIBIT "B" RECORD DELINEATED AND REFERENCED LEGEND: ON THE UNDERLYING MAP OR THERE ( ) =RECORD PER PMB 1;�7/33-36 MAY BE EASEMENTS WITHIN THE AREA UNLESS NOTED OTHERWWISE. SHOWBEING ADJUSTED THAT ARE NOT Oj �. = NEW LOT LINE PER THIS ADJUSTMENT SHOWN ON THIS DOCUMENT. EX. LOT LINE TO BE REMOVED EX. LOT LINE TO REMAIN POB - INDICATES POINT OF BEGINNING POB PARTO 0010, (E) - INDICATES EXISTING y spoo6J C "�,Z STO NE J. 3J tit 1 0 N ^ N W SCALE 1 "=60' ARCEL MAP NO. 29351 P.M.B. 1971,33-36 2 PARCEL 'A" 22,658 SF 156.41' N89-4628""E 3 17..41' I PARCEL MAP NO. 29351 P.M.B. 197/33-36 I 3 PARCEL T " of 26,J20 SF bl :I C I I N89'4324"E 175.32' M CORPORA TE CAN (N89'4324"E) h i The Ketch Compa niesj TIM 79-739 Fmd Aarfng A; Ste. 100 FWm Lii,.H CA 92260 (-760) 946-9944 b � I 1 �'3'3" r,9s3j J I s of PARCEL MAP NO. 29351 w I P.M.S.197/33-36 4 la n b W (E) 12' PUBLIC DRVNAGE EASEMENT — PARCEL "C" I 5 2 45,654 SF N (£) 10' LANDSCAPE AND SIDEWALK EASEMENT POB PARCEL "C" U'). /A=1.T*TT'nd" DRIVE PREPARED UNDER THE SUPE/?VISION OF ✓. 12 DATE rR 6pp DDf W SCALE 1 "=60' ARCEL MAP NO. 29351 P.M.B. 1971,33-36 2 PARCEL 'A" 22,658 SF 156.41' N89-4628""E 3 17..41' I PARCEL MAP NO. 29351 P.M.B. 197/33-36 I 3 PARCEL T " of 26,J20 SF bl :I C I I N89'4324"E 175.32' M CORPORA TE CAN (N89'4324"E) h i The Ketch Compa niesj TIM 79-739 Fmd Aarfng A; Ste. 100 FWm Lii,.H CA 92260 (-760) 946-9944 b � I 1 �'3'3" r,9s3j J I s of PARCEL MAP NO. 29351 w I P.M.S.197/33-36 4 la n b W (E) 12' PUBLIC DRVNAGE EASEMENT — PARCEL "C" I 5 2 45,654 SF N (£) 10' LANDSCAPE AND SIDEWALK EASEMENT POB PARCEL "C" U'). /A=1.T*TT'nd" DRIVE PREPARED UNDER THE SUPE/?VISION OF ✓. 12 DATE rR 6pp DDf EXHIBIT "A" LOT LINE ADJUSTMENT 04-XXX LEGAL DESCRIPTION EXISTING PARCEL "C" IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING PARCEL 4 OF PARCEL MAP NO. 29351 AS SHOWN IN PARCEL MAP BOOK 197, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY. Page 1 of 2 EXHIBIT "A" LOT LINE ADJUSTMENT 04-XXX LEGAL DESCRIPTION ADJUSTED PARCEL "C" IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING ALL OF PARCEL 4, TOGETHER WITH A PORTION OF PARCEL 2, OF PARCEL MAP NO. 293.51, AS SHOWN IN PARCEL MAP BOOK 197, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 4, AS SHOWN ON SAID PARCEL MAP NO. 29351; THENCE NORTH 00013'32" WEST 150.87 FEET ALONG THE WEST LINE OF SAID PARCEL 4, TO THE NORTHEAST CORNER OF PARCEL 3, OF SAID PARCEL MAP NO. 29351; THENCE NORTH 89046'28" EAST 17.00 FEET ALONG THE NORTH LINE OF SAID PARCEL 3; THENCE NORTH 00013'32" WEST 119.32 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID PARCEL 2, SAM POINT LIES NORTH 71°20'47" WEST 19.96 FEET TO THE CORNER OF SAID PARCEL 2; THENCE SOUTH 71020'47" EAST 213.33 FEET ALONG THE NORTHEASTERLY LINE OF SAID PARCELS 2 AND 3, TO THE NORTHEAST CORNER OF SAID PARCEL 4; THENCE SOUTH 00021'35" WEST 218.61 FEET ALONG THE EAST LINE OF SAID PARCEL 4 TO THE SOUTHEAST CORNER THEEOF, SAID CORNER BEING ON THE NORTHERLY RIGHT OF WAY LINE OF CORPORATE CENTRE DRIVE, BEING THE. ARC OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 632.00 FEET AND THROUGH WHICH POINT A RADIAL LINE BEARS SOUTH 13016'28" WEST; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE AND THE SOUTHERLY LINE OF SAID PARCEL 4, AN ARC DISTANCE OF 149.48 FEET, THROUGH A CENTRAL ANGLE OF 13°33'04", TO THE END THEREOF; THENCE S89043'24" WEST 34.53 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE SOUTHWEST CORNER OF SAID PARCEL 4, BEING THE POINT OF BEGINNING. SAID DESCRIBED PARCEL "C" CONTAINS 46,654 SQ. FT., MORE OR LESS. FOR GRAPHICAL PURPOSES SEE (EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. RUSSELL1 MULIJNS O No.3712 Exp. �s Page 2 of 2 \I�F Parcel "C" North: 662018.5252 Course: N 89-43-24 E North: 662018.6919 Arc Length: 149.48 13-33-06 Tangent: 75.09 Parcel C.txt East: 2012379.9117 Distance: 34.53 East: 2012414.4398 Radius: 632.00 83-30-03 E Course In: s 00-16-36 E Ctr North: 661386.6992 East End North: 662001.8118 East Course: N 74-49-39 w North: 662001.8128 Course: N 00-21-35 E North: 662220.4168 Course: N 71-20-47 w North: 662288.6527 course: s 00-13-32 E North: 662169.3289 Course: N 89-46-28 E North: 662169.3958 Course: s 00-13-32 E Press any key for more... North: 662018.5252 Perimeter: 903.16 Area: 45654.27 Mathematical Closure - (uses Error of Closure: 0.000 Precision l: 903157405.28 East East East East East Chord: 149.13 out: N 13-16-30 E 2012417.4906 2012562.6132 Distance: 0.00 2012562.6093 Distance: 218.61 2012563.9819 Distance: 213.34 2012361.8486 Distance: 119.32 2012362.3181 Distance: 17.00 2012379.3180 Distance: 150.87 East: 2012379.9117 Delta: Ch Course: s 1.05 acres survey units) Course: s 90-00-00 E Page 1 NOTE. THIS PLAT WAS PREPARED FROM RECORD DATA ONLY AND DOES SHEET 3 OF 3 j NOT REPRESENT A SURREY OF ONLY HE PROPERTY SHOWN HEREON. LOT LINE ADJUSTMENT 04-XXX NOTETHERE MAY BE EASEMENTS OF EXHIBIT "B" RECORD DELINEATED AND REFERENCED LEGEND: ON THE UNDERLYING MAP OR THERE ( ) = RECORD PER PUB 1.9.7/33-36 MAY BE EASEMENTS WITHIN THE AREA UNLESS NOTED OTHERWWISE. BEING ADJUSTED THAT ARE NOT SHOWN ON THIS DOCUMENT. (D � = NEW LOT LINE PER THIS ADJUSTMENT 0 - - - - = EX. LOT LINE TO BE REMOVED �— = EX. LOT LINE TO REMAIN POB - INDICATES POINT Of- BEGINNING POB PAR. A" (E) - INDICATES EXISTING _o4�, qr � �63oo6J r;v>> o �� yqN FY S'T 1 SCALE 1"=60 ARCEL MAP NO. 293 ? 1 P.M.B. 197133-36 3 2 PARCEL 'A" c} N 22,658 SF � 1 O W 0 156.41' N89'4628"E 3 173.41' I PARCEL MAP NO. 29351 197133-36 I 3 PARCEL IS of 26,320 5F h `I FQI N894324"E 175.32'7" -1 - - - - - - - CORPORA TE CEIV (N89'43,24"E) - - - - - - - I i The Keith Companies TwM 79-739 Fmd Faring A, Ste. 100 fW,n Zbl"lf CA 9R.VO (760/ 9I6-96II I 1 PARCEL MAP NO. 29351 I P.M.B. 1971JJ-36 I� 4 la N I (E) 12' PUBLIC DRAINAGE EASEMLiVT---I PARCEL "C" 45,654 5F (E) 10'LANDSCAPE AND SIDEWALK EASEMENT POB PARCEL "C" DRIVE IW Ih I� %R-=6'00 —� 00� PREPARED UNDER THE SUPERVISION OF.- ) ,13, R ,-LL J. PULLINS, P.L.S. 3712 DATE 1081. 1 ET 3E NAMENANCE MALK EMENT D HEREON N89'43'24'E 743'2S'E 500.81/' E MAINTENANCE L NAIX EASEMENT ) HEREON FF /J i , � \8580'?�7889 %8096, PARCEL 2 0.65 ACRES NET N8746'287E 149.52' 0 PARCEL 3 0.52 ACRES NET 1016.46' 545.69' _..—...._......— _ T� TO CITY roR PUBW R/W n� DEDICATED ASP EL 1 OF INST. N0. 2(• 2. DATED O ' O.R. PARCEL 9 3.26 ACRES NET 9 148 co 3 n 19S� 12' PUE EASEYE PARCEL 1.00 ACRES 7 \„C 13'33'04' d 19'13'32 79.95' U 4--19'13'32- 6I4' 32' 32', rn'm a tz PARCEL 0 68 ACRES 0 . C4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 111 Venture LLC 400 Goddard Irvine, CA 92618 A.P.N.: 19-$ZO 013 GRANT DEED Above This Line for Recorder's Use Only The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $0.00; CITY TRANSFER TAX $0.00; computed on the consideration or full value of property conveyed, OR computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, unincorporated area; [ x ] City of LaQuinta, and File No.: O FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,111 Venture LLC, a California limited liability company hereby GRANTS to 111 Venture LLC, a California limited liability company the following described property in the City of , County of Riverside, State of California: That portion of Parcel "A" which is overllaid by the reconfigured shape of Parcel "A" pursuant to Lot Line Adjustment _approved by the City of LaQuinta. The reconfigured parcel is described in Exhibit A attached hereto and made a part hereof. NOTE: This grant deed perfects the intent of Lot Line Adjustment as approved by the City of LaQuinta. Mail Tax Statements To: SAME AS ABOVE A.P.N.: Dated: 02/25/2005 111 Venture, LLC a California limited liability company By: SCS Family Limited Partnership, a Nevada limited partnership, Manager Grant Deed - continued File No.:NCS-118566-ONT3 (Ik) Date: 02/25/2005 By: Woodpark Development Company, Inc., a California cor ion, General Partner By: _ 'G.-!Scott Gayner, Pr sident STATE OF COUNTY OF On before me, v°i��f� Li f /�,?/nv7 personally appeare - e/ personally known to me (oc preue eon the basis of a +'&Fa.,a wry„ �ce) to be the person�j whose name( is/are-subscribed to the within instrument and acknowledged to me that he/she,lt y executed the same in his h• eir authorized capacity(ies) and that his/he4ttheirsignature�4 on the instrument the person�s'jor the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature My Commission Expires: 'y 1a —r�k Notary Name: Notary Registration Number: /.3 % S/y This area for officia notarial seal a CELESTE LITTLETON Commission 4 1374480 z ,-es Notary Public - California If Orange County r ' My Comm, Expires Sep 12, 2006I Notary Phone: qy? 73 County of Principal Place of Business: b'0414f Page 2 of 2 EXHIBIT "A" LOT LINE ADJUSTMENT 04-XXX LEGAL DESCRIPTION EXISTING PARCEL "A" PARCEL 2 OF PARCEL MAP NO. 29351 AS SHOWN IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. Page 1 of 4 EXHIBIT "A" LOT LINE ADJUSTMENT 04-XXX LEGAL DESCRIPTION ADJUSTED PARCEL "A" A PORTION OF PARCEL 2 OF PARCEL MAP NO. 29351 AS SHOWN IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2 OF SAID PARCEL MAP; THENCE SOUTH 71020'47" EAST 163.00 FEET; THENCE SOUTH 00013'32" EAST 119.32 FEET; THENCE SOUTH 89046'28" WEST 156.41 FEET; THENCE NORTH 00030'03" WEST 172.08 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL "A" CONTAINS 22,658 SQ. FT., MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Dean J. Palumbo PLS 6697 Exp. 06/30/06 LAND C No. 669i Exp. 06/30/06 �Pk4 q�O A Page 2 of 4 EXHIBIT "A" LOT LINE ADJUSTMENT 04-XXX LEGAL DESCRIPTION EXISTING PARCEL "B" PARCEL 3 OF PARCEL MAP NO. 30420 AS SHOWN IN BOOK 197 OF PARCEL, MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. Page 3 of 4 EXHIBIT "A" LOT LINE ADJUSTMENT 04-XXX LEGAL DESCRIPTION ADJUSTED PARCEL `B" PARCELS 2 AND 3 OF PARCEL MAP NO. 29351 AS SHOWN IN BOOK 197 OF PARCEL MAPS, PAGES 33 THROUGH 36, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, EXCEPTING THEREFORE THE FOLLOWING DESCRIPTION; BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2 OF SAID PARCEL MAP; THENCE SOUTH 71020'47" EAST 163.00 FEET; THENCE SOUTH 00013'32" EAST 119.32 FEET; THENCE SOUTH 89046'28" WIEST 156.41 FEET; THENCE NORTH 00030'03" WEST 172.08 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL `B" CONTAINS 28,300 SQ. FT., MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Dean J. Palumbo PLS 6697 Exp. 06/30/06 D SAND Pq����F� No. 6697 Exp. 06/30/06 P ��OF Page 4 of 4 SIT "E" PARCEL MAP NO. 29351 P.M.B. 197-33-36 0 NN a O h 16,ip� '8p96,, P.'ARCEL 'A" 22,658 SF N69"46 28'E 156, 41' IN SHEET 1 OF 1 c�gcyFG C�NNF ST��'�i PARCEL 'B" 28,300 SF N89'43'24"E 175.32' 3 I` rd CORPORA TE CENTRE DRIVE" -_ NEW LOT LINE EXISTING LOT LINE NOTE: THIS LOT LINE ADJUSTMENT TO REMAIN DOESN'T AFFECT OR SUPERCEDE ANY EXISTING LOT LINE SCALE:1' 60' EXISTING EASEMENTS ON THE PROPERTY TO BE DELETED LOT LINE ADJUSTHM 04-XXX PREPARED UNDER THE SUPERVISION OF.• DEAN J. PALUMBO, P.L.S. 6697 DATE No. 6697 "1 The Keith Gompam Ezp. O6/30/O6 A, Y.7-PW Aid pbftw A: &a w TKC 1f` 40571.08 Order Number: NCS-118566RIV Page Number: 1 Amended pSt Akre ArC First American Title Insurance Company National Commercial Services 3625 Fourteenth Street Riverside, CA 92501 September 30, 2004 Angela The Keith Companies 73733 Fred Wafing Drive, Suite 100 Palm Desert, CA Phone:(760) 346-9844 Fax: Title Officer: Greg Franke Phone: (951) 781-8637 Fax No.: (951) 498- 8925 E-Mail: gfranke@firstam.com Buyer: Owner: 111 Venture LLC PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be Issued, as of the date hereof, a Policy a Policies of Title Insurance describing the land and the estate a interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below a not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy Tams. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is Issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company Order Number: NCS-118566RIV Page Number: 2 Dated as of September 17, 2004 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: :p A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: 111 Venture LLC, a Califomia limited liability company (as to Parcel 2); James R. Paul and Sharon Lee Paul, Husband and Wife as Joint Tenants (as to Parcel 3) The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2004-2005, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. 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 wary heretofore dedicated, aquired, reserved or accepted for public use and also any and all private easements and rights of way for roads, pipelines, Glitches and conduits on, over, under or across the herein described property, existing for the purposes of ingress and egress from other lands by means of such roads and for the purpose of conveying irrigated and domestic water to such other lands by means of such pipelines, ditches and conduits. 4. The terms and provisions contained in the document entitled ""Commercial Domestic Water and/or Sanitation Installation Agreement"" recorded June 19, 2000 as inst. no. 2000-233566 of Official Records. First Amencan Title Insurance Company Order Number: NCS-118566RIV Page Number:3 5. An easement for public street, public utility and incidental purposes, recorded July 11, 2000 as inst. no. 2000-267424 of Official Records. In Favor of: City of La Quinta Affects: a portion of said land 6. An easement shown or dedicated on the Map as referred to in the legal description For: 10' landscape maintenance, sidewalk and incidental purposes. The effect of the following recitals as shown by the Owner's Statement of Parcel Map No. 29351: A) We hereby reserve a non-exclusive, reciprocal easement for purposes of Ingress and Egress over and across all of Parcels 1 through 12, Inclusive, for the sole benefit of ourselves, our Successors, Assignees and Parcel owners within this Parcel Map. This easement shall be limited to the general easement of travel. B) We hereby dedicate a permanent:, non-exclusive, Reciprocal easement for purposes of drainage over all of Parcels 1 through 4, inclusive, for the sole benefit of Ourselves, our Successors, Assignees and Parcel owners within this Parcel Map. This easement shall be for the purposes of construction and maintenance of drainage and storm water facilities. 8. An easement for communications, telecommunications and incidental purposes, recorded October 6, 2000 as inst. no. 2000-396210 of Official Records. In Favor of: GTI= California Inc. Affects: a portion of said land 9. Covenants, conditions, restrictions and easements in the document recorded November 21, 2000 as inst. no. 00-466111 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. INFORMATIONAL NOTES The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. FirstAmenan Title Insurance Company Order Number: NCS-118566RIV Page Number:4 LEGAL DESCRIPTION Real property in the City of La Quinta, County of Riverside, State of California, described as follows: PARCELS 2 AND 3 AS SHOWN BY PARCEL MAP ON FILE IN BOOK 197 PAGES 33 THROUGH 36 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. First American Tide Insurance Company Order Number: NCS-118566Riv Page Number:5 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particulariy any personal or finandal information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of it; source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment adviso companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or o other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information, about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. F%rstAmencan Title Insurance Company Order Number: NCS-118566RIV Page Number:6 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B - EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records od'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, Bairns or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (li) the character, dimensions or location of any improvement now or hereafter erected on the land; (III) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to, Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at (Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the insured claimant and riot 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; (A) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability a failure of any subsequent owner of the Indebtedness, to comply with applicable "doing business' laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction seating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now, or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of Policy. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or First American Title Insurance Company Order Number: NCS-118566RIV Page Number:7 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Tide Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against kiss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Aar authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.TA. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, a the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at. Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the Insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the Insured mortgage because of failure of the Insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WEFH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. F!7 ilip7[144] This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. First American Title Insurance Company Order Number: NCS-118566RIV Page Number:8 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees a 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 (1) the occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of any improvement now or hereafter erected on the land; (lii) 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 IN) 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 enwrnbance 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 exduded 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 lard 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 riot 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 daims, or other matters: (a) whether or not recorded in the public records at Date of Polley, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the Insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or - failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. S. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed In whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (1) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not insure against loss or damage (arid the Company will not pay costs, atomeyV fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining daims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. S. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 First American Title Insurance Company Order Number: NCS-118566RIV Page Number:9 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, a regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or loofion 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, bul; 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 a 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 lass or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest Insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (1) the transaction creating the estate or Interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE 6 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents a in Ads authorizing the issuance thereof; water rights, dains or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys fees and expenses resulting from: Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: FirstAmencan Tithe Insurance Company Order Number: NCS-118566RIV Page Number: 10 • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. S. Lack of a right: - • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE -1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1996 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not Insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed In accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether a 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, B.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: First American Title Insurance Company Order Number: NCS-118566RIV Page Number: 11 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is a was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant,, (b) not known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or daim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection a truth In lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest 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: (1) to timely record the instrument of transfer; or (11) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate a interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the late of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay casts, attorneys' fees or expenses) which arise by reason of: Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH EAGLE PROTECTION ADDED LJTI;Ib3;11I$]Z V 19 *%4q 4 u101ZF1 When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. First American Tide Insurance Company Order Number: NCS-118566RIV Page Number:12 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. S. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: I. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE First American Title Insurance Company Order Number: NCS-118566RIV Page Number: 1 Amended �$1 AMER, a First American Title Insurance Company National Commercial Services 3625 Fourteenth Street Riverside, CA 92501 September 30, 2004 Angela The Keith Companies 73733 Fred Waring Drive, Suite 100 Palm Desert, CA Phone: (760) 346-9844 Fax: Title Officer: Greg Franke Phone: (951) 781-8637 Fax No.: (951) 498-8925 E-Mail: gfranke@firstam.com Buyer: Owner: 111 Venture LLC PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy fors. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company Order Number: NCS-118566RIV Page Number:2 Dated as of September 17, 2004 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: :iD A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: 111 Venture LLC, a California limited liability company (as to Parcel 2); James R. Paul and Sharon Lee Paul, Husband and Wife as Joint Tenants (as to Parcel 3) The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: General and special taxes and assessments for the fiscal year 2004-2005, a lien not yet due or payable. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. 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, aquired, reserved or accepted for public use and also any and all private easements and rights of way for roads, pipelines, Glitches and conduits on, over, under or across the herein described property, existing for the purposes of ingress and egress from other lands by means of such roads and for the purpose of conveying irrigated and domestic water to such other lands by means of such pipelines, ditches and conduits. 4. The terms and provisions contained in the document entitled ""Commercial Domestic Water and/or Sanitation Installation Agreement."' recorded June 19, 2000 as inst. no. 2000-233566 of Official Records. First American Title Insurance Company Order Number: NCS-118566RIV Page Number: 3 5. An easement for public street, public utility and incidental purposes, recorded July 11, 2000 as inst. no. 2000-267424 of Official Records. In Favor of: City of La Quinta Affects: a portion of said land 6. An easement shown or dedicated on the Map as referred to in the legal description For: 10' landscape maintenance, sidewalk and incidental purposes. The effect of the following recitals as shown by the Owner's Statement of Parcel Map No. 29351: A) We hereby reserve a non-exclusive, reciprocal easement for purposes of Ingress and Egress over and across all of Parcels 1 through 12, Inclusive, for the sole benefit of ourselves, our Successors, Assignees and Parcel owners within this Parcel Map. This easement shall be limited to the general easement of travel. B) We hereby dedicate a permanent, non-exclusive, Reciprocal easement for purposes of drainage over all of Parcels 1 through 4, inclusive, for the sole benefit of Ourselves, our Successors, Assignees and Parcel owners within this Parcel Map. This easement shall be for the purposes of construction and maintenance of drainage and storm water facilities. 8. An easement for communications, telecommunications and incidental purposes, recorded October 6, 2000 as inst. no. 2000-396210 of Official Records. In Favor of: GTE California Inc. Affects: a portion of said land 9. Covenants, conditions, restrictions and easements in the document recorded November 21, 2000 as inst. no. 00-466111 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. INFORMATIONAL NOTES The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Insurance Company Order Number: NCS-118566RIV Page Number:4 LEGAL DESCRIPTION Real property in the City of La Quinta, County of Riverside, State of Califonnia, described as follows: PARCELS 2 AND 3 AS SHOWN BY PARCEL MAP ON FILE IN BOOK 197 PAGES 33 THROUGH 36 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. First American Tithe Insurance Company Order Number: NCS-118566RIV Page Number:5 The First American Corporation First American Ttle Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic,r and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance Company Order Number: NCS-118566RIV Page Number: 6 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, a the effect of any violation of any such law, ordinance or governmental regulation. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant (d) attaching or First Amencan Title Insurance Company Order Number: NCS-118566RIV Page Number:7 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Polity and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Ads authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. A AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at t he date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One i. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. FirstAmencan Tit/e Insurance Company Order Number: NCS-118566RIV Page Number:8 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would clisclose, and which are not shown by public records. S. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. B. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 First American Title Insurance Company Order Number: NCS-118566RIV Page Number: 9 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (n) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained If the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any fads, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining daims; reservations or exceptions in patents or in Ads authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Tide Risks. 2. The riqht to take the land by condemning it, unless: FlrstAmencan Title Insurance Company Order Number: NCS-118566RIV Page Number: 10 * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records * that result in no loss to you ' that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. S. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: First American Title Insurance Company Order Number: NCS-118566RIV Page Number: 11 I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or it notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Gaimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the, Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest 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. 8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH EAGLE PROTECTION ADDED WITN REGIONAL EXCEPTIONS When the American Land TRIe Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. FirstAmerican Title Insurance Company Order Number: NCS-118566RIV Page Number: 12 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE First American Title Insurance Company