LLA 2005-438City of La uinta R"�ueCot
Community Development Department
78-495 Calle Tampico
Ltialifornia 92253
FAX: (760) 777-1233
OFFLC USE ONLY 4 - /
Case No. OS - 436 . 14
Date Recvd. 7 / 15 / o S'
Fee: Z S _nc
Related Apps:
Logged in by: 4m
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.
3*3.. ri9•>rir :0%%4.se6•4014:044#,*•v4+6wvv0 Ci 4.4•`iv •7%#•:1+0.— •m&B•<• :••,>
APPLICANT
MAILING ADDRESS 101 14A W 15 R GT Phone No: '541- eo 6 Y I
CITY, STATE, ZIP PA v a D ie. s E mr t CA q 27- &,0 Fax No.—;Lp I
*Owner "A" Name:-. AGW70A% VJFI EZ�PIMEiVT
Address: _CT
ALtu BStYtT r ,+ q aaa 6 0 Phone: 3t{ I, C) k(I
(City) (Si te) (Zip)
*Owner `B" Name:
Address:
(State) (Zip)
*Owner"C"
Phone:
(City) (State) (Zip)
*Attach sheet for additional owners
PROPERTY DATA
Properity A: Assessor's Parcel Number: e7o - 3 " ooG 1R1 i�
Street Address (if any):
Property B: Assessor's Parcel Number: 17 0 2.7
Street Address (if any):
Property C: Assessor's Parcel Number:
Street Address (if any):
DESCRIPTION OF ADJUSTMENT REQUESTED:
A161LA 1-7/16197 Appvd 2/2000 cdi
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Owner B
hereby GRANTS to
Owner A
the real property in the City of La 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 Quints. The reconfigured lots are described in Exhibits A and B attached hereto end made
a part hereof.
NOTE: This grant deed perfects the intent of Lot Line Adjustment = _ as approved by the City of La Quinta
❑ Attached to the Grant Deeds shall be Exhibits A and B, a metes and bounds legal description of the new parcels and
a plat (8/2" x I I") of the new parcels, respectively (see attached sample Exhibits A and B).
❑ If structures or other improvements exist on the affected parcel(s), provide separate plot plan showing dimensioned,
location in relation .to new property lines.
❑ Filing fee for Lot Line Adjustment. If filing multiple applications, the most expensive application will be charged full
fee, with remaining related applications discounted 50% for each. If the 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.
44444404404040-14 44�444^OIi4,S•6'I-•�-04,G&*4,44v64.-""441S•+: e��e
SIGNATURE OF APPLI
NAME OF APPLICANT
(Print)
SIGNATURE OF. PROPERTY OWNE M
IF NOT SAME AS APPLICANT:
NAME OF OWNER pAV1O cnr+° nn d
(Print)
iATE 6
LLC.�
DATE � •• !�-7 6 5�
DATE fQ. L�T 61�6'
SIGNATURE OF PROPERTY OWNER `B"
IF NOT SAME AS APPLICANT: DATE
NAME OF OWNER DATE
(Print)
SIGNATURE OF PROPERTY OWNER "C"
IF NOT SAME AS APPLICANT: DATE
NAME OF OWNER DATE _
(Print)
(Separate written authority by owner to submit application may be provided)
I hereby certify that all information contained in this application, including all plans and materials required by the City's
application submission requirements, is, to the best of my knowledge, true and correct. FALSE OR .MISLEADING
INFORMATION GIVEN IN THIS APPLICATION SHALL BE GROUNDS FOR DENYING APPLICATION. 1 hereby
grant the City authority to enter onto the property to conduct site inspections and to post required public notices.
A16:LLA 1-7/16/97 Appvd 2/2000 cdi
Cl
Ll
T4hf ( 4 a"
OCT 1) 4 loos
Engineering Plan Check Application and
Lot Line Adjustment
Project: ��1� f,�,, (10 G� P� Date: 1 i`i 2,:>0(
Development Identification
Mao/Plans Submitted for Checkire
SuQ=or's Checking Fee $50 x _L, Lots
CITY ACCOUNT INFORMATION Total Fee: $ j O(,1 op
101-000-443-318
APPLICANT INFORMATION
PERSON wo IS RESPONSIVE MR PLAN CNECI: ADi.INISfRATVE DUDES:
ENGNEERNG FWWPERSON REEPONSIRLE FOR PREPARING PV S/MAPS:
>:�MFOF FiN
NMROFNN
"Op"a*
AnoRFss
CA
zzrr srATR m
crry
nwlE zo
�U, r)u�.23,\-< IUOCA�a LlhU
Gzjg1A
-117.Gi1�_6�
,R,s FwF
mnxaxe FAT
cr YSTAFF
DATE
78-495 Calle Tampico • P.O. Box 1504 • La Quint,, CA 92253 • (619) 777-7075 • IFaxl 7 i7;-71 - -
GiPWDEP1100CS\FORMSI'WT.F/PO '-�"':{�'' � .
Engineering Plan Check Application and Fee
Lot Line Adjustment
Project: a1�'� �� ��a L ; �a P� Date: Y Ict Z V
Development Identification Number.
Map/Plans Submitted for Checking Fee
Surveyor's Checking Fee $50 x Lots /Cho U C,
CITY ACCOUNT INFORMATION Total Fee: $
101-000-443-318
APPLICANT INFORMATION
EERSON WHO IS RE9O MU FOR PLAN CMAOJMMA7NE MMEL
ENMEERFNG FMWPERSON RESPONSIBLE FOR PREPARLNG PLAW~S:
N.uapniN
N11160iiYN
1yG.E22,
lGl"�1f?I
t_n l—fir-( L1r17
rr
10�-
OA RAl[ - m
[RV
ltA1E
7-8F
ilia . Gila i TF3< < 1LOO ` PA V4_2U
q.,��
�'� '. iNt
lE1dNOME
i.V
MYSTM
DATE
78-495 Calle Tampico • P.O. Box 1504 • La Ouinta, CA 92253 • (6191 777-1075 • (Fax) 777-71P.-.-
G:LPWLB:PLIOOCSYURMffw7.WPD '-'^ ^ �+'
City Of LAQuinta FINANCE p OFF�CE USE ONLY
Rewm�9 Code 3 7
Community Development Department
`FdoF, 78-495 Calle Tampico Case No. 1 os • 436
La Quinta, California 92253 Date Reed. -7 L _, /o s-
Fee:S Z_• t
(760) 777-7125 FAX: ('760) 777-1233
Related Apps:__
Logged in by:— _
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.
GGGGjoGGGroGGGv*•;•g••;•�.GGGGGGGGGGG<rG G •r GGGGGG•;••;•+o,.,.
APPLICANT
MAILING ADDRESS to l k A w I s H C--r Phone No: 34I- o d cr l
CITY, STATE, ZIP PA LF.,L 0 e. s sT- 14r q Z 2 (oo Fax No. q 1- L ,1O 1
*Owner "A" Name: 69W-1npL) �/FZ dAyt�CC7i/'T
Address: 101 kMA/ISH CT
Ae-►.& EetV'r CA• 90ka6O Phone: 3.t( J' 06 C( I
(City) (Sbite) (Zip)
*Owner `B"
(City) .
*Owner "C" Name:
BENTON DEVELOPMENT, LLC
PAY TO THE
ORDER OF C l 74
--% A ree
MEMO LoT �7•0
T/IA-p'nW 0
�NgsT�xs clIZ«t
L-07 LINT
Phone: --
(zip)
PALM DESERT NATIONAL BANK
PALM DESERT, CA 92260
90-3858-1222
450
:7/Z 0 /05
$ 3S0 as
DOLLARS
110004500■ 1:1222385851: 00;1g,OB3996ii'
AawN
o
lau
October 12, 2007
McGee Surveying
79-301 Country Club Drive Suite 102
Bermuda Dunes, CA. 92203
Dear Mr. McGee,
On October 11, 2005, our office forwarded corrections to you regarding Lot
Line Adjustment 05-438. As a two year period has since passed and no
action has been taken by the applicant regarding this Lot Line Adjustment
application, our office has denied the request and is closing the file. If you
wish to continue to pursue this lot line adjustment, please resubmit a new
application with updated exhibits.
If you have any questions, please contact me at (760) 777-7068.
Sincerely,
rew J. Mogensen,
rincipal Planner
11.0. Bwx I50i ^ 1— O1 In I n, ( 1111t)la\'l \ 922-4 i 1501
76-095 CUI -I 'I vNirito 1,\ M IN A, C,\i.iiole,\i\ 9 2,-0,
C:File, Benton Development, PN-f(1) 7/7-7000 1-AX ( 7 6 0 ) ,7, 7101
e
�2
0
E
TV
October 12, 2007
Benton Development
101 Kawish Ct
Palm Desert, CA 92260
Dear Applicant,
On October 11, 2005, our office forwarded corrections to you regarding Lot
Line Adjustment 05-438. As a two year period has since passed and no
action has been taken by the applicant regarding this Lot Line Adjustment
application, our office has denied the request and is closing the file. li' you
wish to continue to pursue this lot line adjustment, please resubmit a new
application with updated exhibits.
If you have any questions, please contact me at (760) 777-7068.
Sincerely,
An ew J. Mogensen,
Principal Planner
�i.uoRNn1,v 9224 1501
78--19b i.i r l �nu�i� a LA Qt i, i �, (. �i u�nievi.� 9>` ,):; al
C: File, McGee Surveying,
( 760) 7 7 7 - 7 0 0 0 -1;A '( 760) 7 7 7 - 7 1 01
P.O. Box 1504
LA QUIN'rA, CALIFORNIA 92247-1504
78-495 CALL& TAMPICO (760) 7 7 7 - 7 0 0 0
LA QuINrA, CALIFORNIA 92253 FAX (760) 777-7101
October 11, 2005
McGee Surveying
79-301 Country Club Drive Suite 102
Bermuda Dunes, CA. 92203
Dear Mr. McGee,
Attached with this letter are the edited exhibits for LLA 05-438. Please
review the attached comments and provide the corrected exhibits along with
the following information regarding your proposed lot line adjustment:
1. Information is needed concerning the correct current the owner of the
golf course parcel (lot 94) and lot 70.
2. The title report for the golf course parcel (lot 94) will need to be
submitted.
If you have any questions, please contact me at (760) 777-7068.
Sincerely,
Andrew J. Mogensen,
Associate Planner
C: McGee Surveying,
File
0
Lf) �-X:!=6
0:0
0=
z
z
o0
0
p0:rwcr
o az
Elo ;x
z
mwi
�
D
avQ�Q
c�Z�a
zov
Z
W
X
m Vf
Lij
^�r
O
•vim
z
�^
2
O
>
Or:
o0 m
U)
N O
c>
N
r�bU
v=i m
FZ•
Hw
z �
cc
O
00 O say 8,
M
o N
N O // 1
r /
/ / r
O
0
Community Development
P.O. BOX 1504 - LA QUINTA, CA 92247
PH:760-777-7125 FAX:760-777-1233
TRANSMITTAL MEMO
TO: ENGINEERING / PUBLIC WORKS DEPARTMENT
'�L FROM:
Andrew J. Mogensen, Associate Planner (760-777-7068)
DATE:
OCTOBER 5, 2005
APPLICANTS:
Benton Development
CASE(S):
LLA 05-438
LOCATION/SITE:
Lot 70 & 94, Tract 28867
PROJECT:
Lot Line Adjustment 2005-438
DESCRIPTION:
The applicant is proposing to modify the rear lot line.
Attached is the lot line adjustment information submitted by the project Proponent. '.subdivision
Ordinance Section 13.32 applies to lot line requests. Please review and provide any comments you may
have on this proposal by October 21", 2005 via mail, courier, fax to (760) 777-1233, or email to
amogensen@la-quinta.orq . If you have any questions, please contact me at (760) 777-7068.
PLEASE REVIEW AND RESPOND TO THIS PROPOSAL NO LATER THAN:
October 21", 2005.
Attachments: LLA 05-438
?9--3cI
c, Liary
C
t #162
[�!—Aic)dc�
00/)�S(
r
9z203
P:\Andy's\Lot Line Adjustments\LLA Agency Transmittal.doc
IL
nA n SHEET 1 OF 2
EXHIBIT
L 0T L/NE ADJUSTMENT 2005 L -3-s
RECORD 'OWNERS •--._
ASSESSOR PARCEL NUMBERS
FISHER CAP/TAL PARTNERS, L.P., A LIMITED PARTNERSHIP '-
770-350-006
770-270-018
LEGAL DESCRIPTION
` PARCEL 'A'
(ADJUSTED LOT 70, TRACT NO. 28867)
IN THE CITY OF LA DU/NTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN SEC77ON 7, T. 6 S, R. 7 E., S.B.B. & M.:
LOT 70 OF TRACT 28867, AS SHOWN BY MAP ON FILE IN BOOK 276, PAGES 69 THROUGH 78, TOGETHER/W h A PORTION
OF LOT 94 OF TRACT NO. 28470-1, AS SHOWN BY MAP ON FILE IN BOOK 263, PAGES 76 THROUGH 90, OFFICIAL RECORDS
OF SAID COUNTY OF RIVERS/DE, MORE PARTICULARLY DESCRIBED AS A WHOLE AS FOLLOWS
BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 70;
THENCE NJI44"49 E, ALONG THE PROLONGATION OF THE NORTHWESTERLY LINE OF SAID LOT 70, A DISTANCE OF 6.25 FEET,-
7HENCE 558473"18 E, A DISTANCE OF 95.00 FEET TO THE EASTERL Y CORNER OF SAID LOT 70,-
THENCE SJ1'4449 W, ALONG 7HE SOUTHEASTERLY LINE OF SAID LOT 70, A DISTANCE OF 17631 FEET TO THE SOUTHERLY
CORNER OF SAID LOT 70,
/
THENCE N5733i8"W, ALONG THE SOUTHWESTERLY L/NE OF SAID LOT 70, A DISTANCE OF 95.01 FEET, TO THE WES7ERLY
CORNER OF SAID LOT 70,•
THENCE N31'4449"E, ALONG THE NORTHWESTERLY LINE OF SA1DF LOT 70, A DISTANCE OF 169.23 FEET TO THE POINT
OF BEGINNING.
TOTAL AREA OF PARCEL 'A" = 16,709 SO. FT. (0.38 AC MORE OR LESS)
\0NIaL LAND 9
�vyy y�,E A.
a A
No. 5479
x Exp. 9/30/06
SUBJECT TO ALL COVENANTS, CON0/77ONS, RESERVA77ONS, R£STR/C77ONS,
RIGHTS OF WA Y, EASEMENTS, OR £XCEP77ONS OF RECORD, IF ANY. P O,F CAL 1 F ��
It.
EXHIBIT fin SHEET 2 OF 2
L 0 T LINEADJISTMEIVT 2005-AW43$
RECORD OWNERS
ASSESSOR PARCEL NUMBERS
FISHER CAPITAL PARTNERS, L.P., A LIMITED PARTNERSHIP
770-350-006
770-270-018
LEGAL DESCRIPAON
PARCEL F
(FROM LOT 94, TRACT 28470-1, TO LOT 70, TRACT NO.. 28867)
IN THE CITY OF LA QUINTA,_ COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN SECTION 7, T 6 S, R. 7 E., SB.B. & M:
i.
LOT 94 OF TRACT NO.. 23240=T AS SHOWN BY MAP DIV FILE IN BOOK.27 PAGES 69 THROUGH 78, OFFICIAL RECORDS OF
SAID COUNTY OF RIVERSIDE, EXCEPRNG THEREFORM THE' FOLLOWING DESCRIBED PARCEL:
BEGINNING AT 7HENORTHERLY CORNER OF SAID LOT 70 OF TRACT 28867,-
THENCE N314449 E ALONG THE PROLONGATION OF THE NORTHWESTERLY LINE OF SAID LOT 70, A DISTANCE OF 6.25 FEET -
THENCE S58VThrE, A DISTANCE OF 95.00 FEET, TO THE EASTERLY CORNER OF SAID LOT 70;.
THENCE N61'49'12`W, ALONG THE NORTHEASTERLY LINE OF SAID LOT 70, A DISTANCE OF 95.18 FEET, TO THE POINT OF
BEGINNING.
TOTAL AREA OF PARCEL B" = 297 SO.. FT. (0.01 AC. MORE OR LESS)
�p,L LANo 3NE
GPL
A ��
A0.
5479
((Exp.
9/30/06SUBJECT
TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, ��`PRIGHTS
OF WAY, EASEMENTS, OR EXCEP77ONS OF RECORD, IF ANY.)F CAL F�
0
�0-1 M�
Z_ 1
60000 ►Z
Woo 0
on
m T a,
W Np
Z U
O Z
m W
t
H
p
� Gp
N
O ,
I
h,
bIF �
(� 0
N Q N
ow 2-1 FgZ IFN 2 ry ���
Z N ¢ �� Q��� •sg� F 2y .ri .
0CD
"'✓ / QI"S9 �/ s�l
NIP
No CDo ry.
II ,
cn o ,
0
M
I
k
E
K-1
Parcel name: PARCEL"A"
North: 576443.91
Line Course: N 31-44-49 E
North: 576593.14
Line Course: S 58-03-18 E
North: 576542.87
Line course: S 31-44-49 w
North: 576392.94
Line Course: N 57-33-18 w
North: 576443.91
CLOSURE
East : 1998539.14
Length: 175.48
East : 1998631.47
Length: 95.00
East : 1998712.08
Length: 176.31
East : 1998619.31
Length: 95.01
East : 1998539.13
Perimeter: 541.80 Area: 16,709 sq. ft. 0.38 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.01 Course: S 61-12-00 E
Error North: -0.003 East : 0.006
Precision 1: 54,181.00
Parcel name: PARCEL"B"
North: 576773.80
Line Course: S 58-03-18 E
North: 576723.54
Line Course: N 61-49-12 w
North: 576768.49
Line Course: N 31-44-49 E
North: 576773.80
East : 1998748.80
Length: 95.00
East : 1998829.41
Length: 95.18
East : 1998745.51
Length: 6.25
East : 1998748.80
Perimeter: 196.43 Area: 297 sq. ft. 0.01 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.00 Course: S 58-28-49 E
Error North: -0.002 East : 0.003
Precision 1: 196,430,000.00
Page 1
'° o ,5
30
NOTE.- EXHIBIT "Bn
IIMS PUT WAS PREPARED fROI RECORD DAM AND L.L.A. 2005—XX
DOES NOT REPRESENT A SURVEY OF THE PROPERTY L
SHOWN HEREON. THIS MAP HAS BEEN APPROVED
UPOV THE EXPRESSED COND/DON THAr BUILDING ( IN FEET )
PERMITS SHALL NOT BE ISSUED FOR ANY DEVELOPMENT 1 inch = 30 ft.
WTHIN THIS A&LISTMENr PUT UNTIL NECESSARY
DEOICADONS; IF ANY, HAVE OCCURRED.
NOTE.- L LANQ SG
THERE MAY BE [ASEMEN7S OF �5� AlNk A,fc�
RECORD DELINEATED AND REFERENCED o 10,
OV THE UNDERLYING MAP, OR THERE a $
MAYBE EASEMENIS W11HIN THE AREA NO. 5479
BEING AD,AISTED THAT ARE NOT SHOWN or Exp. 9/30,Ioe
OV THIS DOCUMENT THAT COULD
ENCUMBER SAID PARCEL HEREIN.
f OF CAL' RO
DEL GA TO DRIVE
LOT �73 P.o.a. n
(GOLF COUR.SFJ
NJ1'44'49"E 175.48'
169.2J' 1 1
T I LOT LINE ADJUSTED 6.25'
00
PARCEL 'A'
I 0.38 AC. t
li 0' P.UE. LOT LINE TO BE a
70
18.5, I LOT AOd1/S7E0
7i-9CT IvO, 2J967 PARCEL RE
I n�.27sr6�..7�
LIPl1 77.9,350"00b 0.01 AC.
I
Y I I
` I \ I
SJ1'44'49'W 176.31'
LOT 7I
I LOT LINE ADJUSTMENT - CITY OF LA OUINTA
PREPARED BY. APPLICANT Ij
ELIZABETH BENTON
101 KAWISH CT
PALM DESERT CA 92260
I WA YNE A. McGEE DALE
L.S. 5479 EXP: 91JO106
AUG-23-05 09:51AM FROM -Southland S @ 6 Escrow
949-759-0410 T-TOS P.007/015 f-141
RECORDING REQUESTED BY:
SOUTHLAND TITLE - INLAND EMPIRE (Title)
AND WHEN RECORDED MAIL TO:
Benton Development LLC-
78541 Deacon Drive East
La Quinta, CA 92253
A.P.N.! 770-350-006-6
COPY of Document Recorded
on us No. (g"9J(
has not been compared with original.
GARY ORSO
County Recorder
RIVERSIDE COUNTY CALIFORNIA
GRANT DEED
TH
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX IS
[ ] computed on full value of property conveyed, or
[ ] computed an full value less value of liens or encumbrances remaining at time of sale.
[ ] unincorporated area [ ] City of La Quinta
S
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
David Chapman Investments, LLC. A Delaware Limited Liability Company
hereby GRANT(S) to This document was filed for recording by
Benton Development, LLC. A California Limited Liability Company Southland Title lrlsuranc:e Company
as an accomodation only, It has not been
examined as to it execution or as to it's
effect upon the title,
the following described real property in the County of Riverside, State of California
`Phis_deed_ is being recorded to F
adjustmen-_Piled intheCity of Le
Dated: July 28, 2005
STATE OF CALIFORNIA
COUNTY OF �cdel ��c� SS.
On a before me
a Notary Public in and for said County and State, personally
appeared
Dci,y"A C6�arrnccn
e (or proved tome on the basis of
atisfactory evidence) to be the person (y!) whose name,(Q
s re subscribed to the w thin instrument and acknowledged
to me that f&shelthey executed the same inif is her/their
authorized c'apacity(rs) and that b)mi er/their signature
(,6)
on the instrumentth person(s), or the entity upon behalf f
which the person(b), a&V, executed the instrument.
i
WITNESS myh not aicial sea -IC" —
Signature
Signature of Notary
David Chapman, Sole Member
lotline
iverside
CARIN 1. MOON
Commission A 1385910
"
4
Notary Public - California '
S
My
Riverside County
Comm. E+Wlres NOv 19, 20p6
(This area for official notary seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
LandAmerica
Southland Title
650 EAST HOSPITALITY LANE, SUITE 280
SAN BERNARDINO, CA 92408
PHONE: (909) 890-9109
DAVID CHAPMAN INVESTMENTS
78505 OLD AVENUE 52
LA QUINTA, CA 92253.1120
Attention: TREVOR PRINTZ
Escrow No.:
Order No.: 65622944
DATED AS OF August 26, 2005 AT 7:30 A.M.
"PRELIMINARY REPORT"
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,
SOUTHLAND TITLE HEREBY REPORTS THAT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS
OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND
THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH
MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR
REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE
PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE AND LIMITATIONS ON
COVERED RISKS OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT 1 ATTACHED.
LIMITATIONS ON COVERED RISKS APPLICABLE TO THE CLTA AND ALTA HOMEOWNER'S POLICIES OF
TITLE INSURANCE WHICH ESTABLISH A DEDUCTIBLE AMOUNT AND A MAXIMUM DOLLAR LIMIT OF
LIABILITY FOR CERTAIN COVERAGES ARE ALSO SET FORTH IN EXHIBIT 1. 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 1 OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND
EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS THAT 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.
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
SOUTHLAND TITLE
DANNY OSBORN, TITLE OFFICER
Fax: ()
ORDER NO. 65622944
SCHEDULE A
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO
COVERED BY THIS REPORT IS:
A FEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Benton Development LLC, a California Limited Liability Company
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF RIVERSIDE, AND IS DESCRIBED IN THE ATTACHED EXHIBIT "A":
"WE HAVE ENCLOSED EXTRA COPIES OF THE LEGAL DESCRIPTION FOR YOUR CONVENIENCE."
ORDER NO. 65622944
EXHIBIT "A"
Lot(s) 70 of Block of Tract No. 28867, in the City of La Quinta, County of Riverside, State of
California, as per Map recorded in Book 276 Page(s) 69 — 78 of Miscellaneous Maps, in the
office of the County Recorder of said County.
Except therefrom that portion
Beginning at the Northerly corner of said Lot 70;
Thence N31° 44' 49" E, along the prolongation of the Northwesterly line of said Lot 70, a
distance of 6.25 feet;
Thence S580 03' 18"E, a distance of 95.00 feet, to the Easterly corner of said Lot 70;
Thence S310 44' 49" W, along the Southeasterly line of said Lot 70, a distance of 176.31 feet,
to the Southerly corner of said Lot 70;
Thence N57° 33' 18"W, along the Southwesterly line of said Lot 70, a distance of 95.01 feet, to
the Westerly corner of said Lot 70;
Thence N31 ° 44' 49"E, along the Northwesterly line of said Lot 70, a distance of 169.23 feet -
to -the point of beginning. By that certain Lot line adjustment No. 2005-xx recorded August 19,
2005 as Instrument No. 684937, Official Records.
ORDER NO. 65622944
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:
A. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, to be levied for the fiscal year 2005 - 2006 which are a lien
not yet payable.
B. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, for the fiscal year shown below, are paid. For, proration
purposes the amounts are:
Fiscal year: 2004 — 2005
1st Installment: $3,932.51
2nd Installment: $3,932.51
Homeowners
Exemption: $(none shown)
Code Area: 020-121
Assessment No.: 770-350-006-6
C. If Southland Title is asked to hold money for any taxes shown above, a satisfactory indemnity
along with written consent by Borrower/Seller and/or Lender MUST be submitted prior to
closing. Please contact your title officer for the appropriate forms.
D. Assessments, if any, for community facility districts affecting said land which may exist by virtue
of assessment maps or notices filed by said districts.
E. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the
Revenue and Taxation Code of the State of California.
1. Water rights, claims or title to water, whether or not shown by the public records.
2. An easement for the purpose shown below and rights incidental thereto as set forth in a document
Purpose: roads
Recorded: July 23, 1828 in Book 771, Page 245, of Deeds
Affects: said land
3. An easement for the purpose shown below and rights incidental thereto asset forth in a document
Purpose: roads
Recorded: December 23, 1830, in Book 867, Page 188, of Deeds
Affects: said land
El
ORDER NO. 65622944
4. An easement for the purpose shown below and rights incidental thereto as set forth in a document
Purpose: a water pipe line
Recorded: November 24, 1952 in Book 1418, Page 274, Official Records
Affects: said land
5. An easement for the purposes shown below and rights incidental thereto as shown or as offered
for dedication on the recorded map shown below
Map of: said Tract
Easement purpose: public utilities
Affects: the Southwesterly 10.00 feet
6. Covenants, conditions and restrictions as set forth in the document
Recorded: July 25, 1997 as Instrument No. 262677, Official Records
But omitting any covenant, condition and restriction, if any, based on race, color, religion, sex,
handicap, familial status or national origin unless and only to the extent that the covenants,
condition or restriction (a) is exempt under title 42 of the United States Code, or (b) relates to
handicap, but does not discriminate against handicapped persons.
Note: Section 12956 of the Government Code provides the following: If this document
contains any restrictions based on race, color, religion, sex, familial status, marital status,
disability, national origin, or ancestry, that restriction violates state and federal fair housing laws
and is void. Any person holding an interest in this property may request that the county
recorder remove the restrictive language pursuant to subdivision (c) of Section 12956.1 of the
Government Code.
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien
of any mortgage or deed of trust made in good faith and for value.
Said instrument also provides for the levy of assessments, the liens of which are stated to be
subordinate to the lien of any mortgage or deed of trust made in good faith and for value.
And re -recorded: August 15, 1997 as Instrument No. 292176, Official Records
The provisions of said covenants, conditions and restrictions were extended to include the herein
described land by an instrument
Recorded: March 17,1999 as Instrument No. 110219, Official Records
The effect of a Document entitled "Notice", by and between Coachella Valley Water District and
Tradition Club Associates, LLC, recorded June 29, 1998 as Instrument No. 265367 of Official
Records, Riverside County, California.
Reference is made to said document for full particulars.
® 0
ORDER NO. 65622944
8. The effect of a Document entitled "Domestic Water and/or Sanitation System Installation
Agreement", dated March 12, 1999 by and between Coachella Valley Water District, a public
agency of the State of California and Tradition Club Associates, LLC, recorded May 13, 1999 as
Instrument No. 1999-207707 of Official Records, Riverside County, California.
Reference is made to said document for full particulars.
9. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations
secured thereby
Amount: $1,750,000.00
Dated: June 10, 2004
Trustor: Benton Development LLC, a California Limited Liability Company
Trustee: El Paseo Financial, Inc.
Beneficiary: Palm Desert National Bank
Recorded: June 16, 2004 as Instrument No. 2004-0461266, Official Records
Original Loan No.: 7168/47256
10. An assignment of all monies due or to become due as rental or otherwise from said land, to secure
payment of an indebtedness, shown below and upon the terms and conditions therein
Amount: $(none shown)
Assigned to: Palm Desert National Bank
By: Benton Development LLC, a California Limited Liability Company
Recorded: June 16, 2004 as Instrument No. 2004-0461267, Official Records
11. A financing statement filed in the office of the County Recorder, showing:
Debtor:
Benton Development LLC
Secured Party:
Palm Desert National Bank
Date:
(none shown)
Recorded:
June 16, 2004 as Instrument No.
Property Covered:
herein described property
12. A claim of Mechanic's Lien
2004-0461268, Official Records
Amount: $55,981.60
Claimant: Stonecrect Marble and Granite Co., Inc., a California Corporation
Recorded: July 15, 2005 as Instrument No. 2005-0565927 Official Records
13. Any claims for mechanics' liens on said land that may be recorded, by reason of a work of
improvement that is disclosed by the document shown below
Document: Construction Deed of Trust
Recorded: June 16, 2004 as Instrument No. 2004-0461266, Official Records
End of Schedule B
See "Notes and Requirements"
W
ORDER NO. 65622944
NOTE
California Insurance Code §12413.1 regulates the disbursement of escrow and sub escrow
funds by title companies. The law requires that funds be deposited in the title company escrow
account and available for withdrawal prior to disbursement. Funds deposited with the
Company via wire transfer may be disbursed upon receipt. Funds deposited with the Company
via cashiers or teller's checks drawn on a California -based bank may be disbursed the next
business day after the day of deposit. If funds are deposited with the Company by other
methods, recording and/or disbursement may be delayed. All escrow and sub -escrow funds
received by the Company will be deposited with other escrow funds in one or more non -interest
bearing escrow accounts of the Company in a financial institution selected by the Company.
The Company and/or its parent company may receive certain direct or indirect benefits from the
financial institution by reason of the deposit of such funds or the maintenance of such accounts
with such financial institution, and the Company shall have no obligation to account to the
depositing party in any manner for the value of, or to pay to such party, any benefit received by
the Company and/or its parent company. Those benefits may include, without limitation,
credits allowed by such financial institution on loans to the Company and/or its parent company
and earnings on investments made with the proceeds of such loans, accounting, reporting and
other services and products of such financial institution. Such benefits shall be deemed
additional compensation of the Company for its services in connection with the escrow or sub -
escrow.
WIRING INSTRUCTIONS FOR THIS OFFICE ARE:
UNION BANK OF CALIFORNIA
12625 FREDERICK STREET
MORENO VALLEY, CA 92553-5216
(800) 849-6466 OPTION 3
CREDIT: SOUTHLAND TITLE
ACCOUNT NO.: 9100899253
ROUTING NO.: 122000496
FOR THE ACCOUNT OF: SOUTHLAND TITLE - LOAN PAYOFF DEPT.
OUR ORDER NUMBER OR ESCROW NUMBER MUST ALWAYS BE REFERENCED.
FAILURE TO DO SO MAY CAUSE DELAYS IN THE CLOSING OF A TRANSACTION AND/OR
MISPLACED OR LOST FUNDS. SOUTHLAND TITLE DOES NOT ACCEPT LIABILITY FOR SUCH
DELAYS IN CLOSING, MISPLACED AND/OR LOST FUNDS, OR DAMAGES (IE. INTEREST,
PENALTIES) SUFFERED BY REASON OF ONE'S FAILURE TO COMPLY WITH THE
IDENTIFICATION/CREDIT PROCEDURE SET FORTH ABOVE. ALL UNIDENTIFIED/UNCLAIMED
WIRES WILL BE RETURNED AFTER FORTY-EIGHT (48) HOURS.
SHOULD YOU HAVE ANY QUESTIONS REGARDING THE DEPOSIT OR DISBURSEMENT OF
FUNDS, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY.
E.
REQUIREMENTS
ORDER NO. (35622944
Req. No. 1: The Company will require a statement of information from the parties named below
in order to complete this report, based on the effect of documents, proceedings, liens, decrees,
or other matters which do not specifically describe said land, but which, if any do exist, may
affect the title or impose liens or encumbrances thereon.
Parties: All Parties
(Note: The statement of information is necessary to complete the search and examination of
title under this order. Any title search includes matters that are indexed by name only, and
having a completed statement of information assists the Company in the elimination of certain
matters which appear to involve the parties but in fact affect another party with the same or
similar name. Be assured that the statement of information is essential and will be kept strictly
confidential to this file.)
Req. No. 2: The Company will require that it be provided with the following with respect to the
California limited liability company named below:
A. A copy of its operating agreement and any amendments thereto;
B. A certified copy of its Articles of Organization (LLC-1), any Certificate of Correction (LLC-11),
Certificate of Amendment (LLC-2), or Restatement of Articles or Organization (LLC-10); and
C. A copy of the current Statement of Information form (LLC-12) filed with the Secretary of State.
Limited Liability Company: Benton Development LLC, a California Limited Liability Company
ORDER NO. 65622944
NOTES
Note No. 1:
Privacy Notice (15 U.S.C. 6801 and 16 CFR Part 313)
We collect nonpublic personal information about you from information you provide on forms
and documents and from other people such as your lender, real estate agent, attorney, escrow,
etc. We do not disclose any nonpublic information about our customers or former customers to
anyone, except as permitted by law. We restrict access to nonpublic personal information
about you to those employees who need to know that information in order to provide products
or services to you. We maintain physical, electronic and procedural safeguards that comply
with federal regulations to guard your nonpublic personal information.
Note No. 2: The charges which the Company will make for next day messenger services (i.e.
Federal Express, UPS, DHL, Airborne, Express Mail, etc.) are $15.00 per letter, standard
overnight service, and $25.00 for larger size packages and/or priority delivery services. Such
charges include the cost of such messenger service and the Company's expenses for
arranging such messenger service and its overhead and profit. Special messenger services
will be billed at the cost of such services. There will be no additional charge for pick-up or
delivery of packages via the Company's regularly scheduled messenger runs.
E
2
Order No.:
ORDER NO. 65622944
NOTICE OF TITLE POLICY DISCOUNTS
Residential Resale and Refinance Transactions - California
Escrow No.:
Please note that certain discounts sometimes apply to reduce title insurance premiums. YOU SHOULD
REVIEW THE POSSIBLE DISCOUNTS DESCRIBED BELOW AND TELL YOUR ESCROW OFFICER
IF YOU THINK ANY APPLY TO THIS TRANSACTION.
These discounts are not applicable to subdivision sales.
SHORT TERM RATE — 20% off
This discount is given automatically when our title search indicates that it applies. It applies when a
current order for title insurance is placed within 60 months from the date of issuance of a prior loan or
owners policy issued by any title insurance company. The Short Term Rate does not apply when another
discount shown on this page applies.
REFINANCE RATE — 35% off
This discount is given automatically when our title search indicates that it applies. It applies to ALTA Loan
Policies covering a new loan which refinances a loan insured with another ALTA loan policy issued by any
title insurance company.
Please acknowledge your understanding of the above, even if no discount applies, by signing
below.
Buyer/Borrower: Seller:
Date: Date:
Signature
Signature
Signature
Signature
Please sign and return this Notice to your Title Company
ORDER NO. 65622944
N
LandAmerica
Southland Title
650 EAST HOSPITALITY LANE, SUITE 280
SAN BERNARDINO, CA 92408
PHONE: (909) 890-9109
ATTENTION:
REF:
Dated as of August 26, 2005 at 8:00 A.M.
LENDER'S SUPPLEMENTAL REPORT
The above numbered report (including any supplement thereto) is hereby modified and/or
supplemented in order to reflect the following additional items relating to the issuance of an American
Land Title Association form policy as follows:
The only conveyances affecting said land, which recorded within 24 months of the date of this report,
are as follows:
Grantor: Fisher Capital, LP, a Limited Partnership
Grantee: Benton Development LLC, a California Limited Liability Company
Recorded: August 29, 2003 as Instrument No. 2003-671931, Official Records
® LandAmericd
Southland Title
PRIVACY POLICY NOTICE
Dear Southland Title Customer:
ORDER NO. (35622944
The Financial Services Modernization Act recently enacted by Congress has brought many changes
to the financial services industry, which includes insurance companies and their agents. One of the
changes is that we are now required to explain to our customers the ways in which we collect and use
customer information.
The statement attached to this letter is the privacy policy of the Southland Title family of companies.
The members of the family — Southland Title Corporation, Southland Title of Orange County,
Southland Title of San Diego, and Southland Title Equities, Inc. may issue policies, handle real estate
closings and serve as exchange accommodator in virtually every part of Southern California. You
may review a list of Southland Title Companies on our website (www.southlandtitle.com). You may
visit our website for an explanation of our privacy practices relating to electronic communications.
Our concern with the protection of your information has been a part of our business since 1985, when
the company opened. We will continue to protect the privacy, accuracy and security of customer
information given to us.
No response to this notice is required, but if you have questions, please write to us:
Southland Title Privacy
7530 N. Glenoaks Boulevard
Burbank, California 91504
ORDER NO. 65622944
LandArnerica
Southland Title
SOUTHLAND TITLE PRIVACY POLICY
What kinds of information we collect. Most of Southland Title's business is title, escrow and
exchange services, but there are companies in our family that provide other real estates services to
consumers. We collect information about you (for instance, your name, address, telephone number),
and information about your transaction, including the identity of the real property that you are buying,
financing or exchanging. We may obtain a copy of any deeds, notes, or mortgages that are involved
in the transaction. We may get this information from you or from the lender, attorney, or real estate
broker that you have chosen. Our title companies then obtain information from the public records
about the property so that we can prepare a title insurance policy. When we provide closing, escrow
or settlement services, exchange services, mortgage lending, or mortgage loan servicing, we may get
your social security number and we may receive additional information from third parties including
appraisals, credit reports, land surveys, escrow account balances and sometimes bank account
numbers to facilitate the transaction. If you are concerned about the information we have collected,
please write us.
How we use this information. The company giving or specifically adopting this notice does not
share your information with marketers outside its own family. There is no need to tell us to keep your
information to ourselves because we share your information only to provide the service requested by
you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without
your approval. We may share internally and with nonaffiliated third parties in order to carry out and
service your transaction, to protect against fraud or unauthorized transactions, for institutional risk
control, to issue title insurance, investigate or process a claim under the policy of title insurance, and
to provide information to government and law enforcement agencies. Companies within a family may
share certain information along themselves in order to identify and market their own products that they
think may be useful to you. Credit information about you is shared only to facilitate your transaction of
for some purpose permitted by law.
How we protect your information. We restrict access to nonpublic personal information about you
to those employees who need the information to provide products or services to you. We maintain
physical, electronic and procedural safeguards that comply with law to guard your nonpublic personal
information. We reinforce the company's privacy policy with our employees.
.mi '.1m Cf
r
9f
ORDER NO. 65622944
.S5A=c
a wr
ktld F, GQ .�,a k E8-
o eeEaY k�z w��3G$k¢zk m��k t o 1> a srannaae volN3nv
§3C 'a0 83MOHN3SI3
m mom" e� hem eg . sk w
w a
T a y tly�
M • �
D
Oo
LT
Ob
m
S»c j i pa�
Camem
M
aCm
.y6
� 40S AAv—
< �o�rcaa
�zrHoo
�
"z'14 SAC — _ — — _ — — -J
009J i.
00
lZU
olwa-
<7�<
mm- m
�a7a^a::B:akA6,b^33�yA,`-�!4"^AB='sBAHdB9ai94ac
I63 HQM�������g�a����z���������
g %CCat9ELBC�c�n.u.n=ce
-.---..�Ee"c c"ec EE Ec"'c EEEcc"PEBPcd
a=Azc�kz_aO=k A.l zls lA_"
�ggA�AAdAA�sgegaaa;AA��fl�s�A
lza Azcz.:s#fig. gar�a:saa:R
atN,v �Bk6saye$NpO-R"Rk„h_
e!§gp®!^_l6C9pl R'x!'a Gg••g��
�cc oc oacse's as="a°==°acaao
-a. a.cla_ RRa.R_-npa
g�A=rAtl-`R9hp Yk e. ".k_h3hk®`A
qAR-�AAsgtl2 FAxd_.^.j9-r kR A�'�
��'��AAA h�Ah RAAA RAAA AA AR BA R�
RAAA %tliaRR�6AAR AA AA tlA�
�e ek�A�`�AkbA `k SsS pgg eg
A`
44M tVbu�N M1h.
3YQN�
\
C��
yGS
'
`sky
�e D-enoh°e
m'
rya\s� _FI 3j
co00
86�<
NY61ilrtwcl. ��
aae
�1 ,$�
-� b<M'r(Mpfl
NY
O
ol
,
i l[4 l.IrH� i`Jt'n J rrt�$��� ♦ r1
M9Y'1YM '�']'M
<mpU
''�'e'
SZm3C+m1�C
@Z
y (#bNmKY 9F'a0 �\t eo
`•IA6Ix1YV
n� �A�
\
me
q
_J
O m q O E
.ratrt = '�6V 40�°' ♦°° cvv�cT _
�*� 'q9p
p
O~
&7jWw
UK
o
Z=j
q rya J'U
nY
^�
423�<
qp
H 2
C
z E♦
/'4'ya
n �
.
Pe
� �q
�'4 rye M
fi p2 a q y 6.
hY
Y
rv8
.`poi 4�b
0
o
}
Oa
e
i
o �
v
o
Z(n(AZ
W
m
(n
v"00
w
Cn
w
in:-4o'-�l
cn
D.
CTI
a
Z
G)
Cn
-J
Cn
V
*1
*mm
a
m
4
00
CD
O
O
O
O
CD
U)
O
O
O
O
O
O
O
O
7
W
A
w
�
'.
qq
V
0
0
0
0 CD
�'
CD
O
O
(n
0
CD
00
co
00
A
co
O
a
®��
1
0
O
0
O
0
O
0
O
C
Y
CDO
O
O
CD
CO
-I
CO
V
.-.
Cn
0)
CA
Cn
O
W
O
A
-�
O
O
O
O
00
O
Cn
4
Cn
-1
Cn
V
Cn
V
Cn
V
O
O
O
O
O
O
4�1
co
Cn
Cn
A
A
CO
.A
Co
O
W
NS
N
W
W
CD
O
O
I
0
CA)
00
M
0)w"
L-
co
_1
CO
N 1
Cfl
00
A
-I
O
O
CD
00
00
00
00
00
°)
v
O
W
Cfl
Cfl
N
W
W
CO
O
O
-•
W
W
-
O
00
.P.
V
�
4�.
W
O
CA
?
N
O
r
r
N
O
O
Cn
A
W
X
y
0
�
m
v
o
�Z
Z
Z
U)
W
m
>]
00
�
N
Z
cyl
�4
O
Ul
+�
mom
a
(u
w
�
m
rn
00
CD
000
�'
O
O
O
3
Z'
��'4&w
m
C00
co
O
O
O
cn
n
CD
0O
O
N
co
7
O
O
O
O'
cn
µ/
O
O
O
O
O
O
(D
7
O
(o
t�
O
cn
cn
s
N
�
O
O
O
O
7
cnCncn(nO
V
V
V
V
O
CA
O
O
V
-1
V
—1
-I
O
N
V
O
W
00
W
W
Ov4�,Cn00
O
(0
00
co
O
N
00
W
(n
O
CIO
—1
O
O
v
(o
(o
CD
co
O
Cfl
CO
Co
In
00
co
00
00
4
-1
OD
-J
?
4�
N
-th.
O
co
CP
(o
co
O
00
cn
A
co
O
O
-�
O
W
W
.p
N
O
W
W
V
("0
0
- s s
go Gg §21ly" $� age s ode @ na ns
=w
ao 83.+noHN3s13
q
M • � ,. � 0 1 � �i
m
m
m
3wm
]SN �O� � 1
CO
0099,34
cm
1
--
o
qN
0
O!q d m o o R�
z-m QiO Ae
Eelu
3 op_� § sue•. a %� as v
b �=ui
l'vVV
o €$� ��—s--------- — —Ji --- - s- -��— -L,
a
n
zV o�moo
=wL"a�-
o���
�Z10
?oo
�'a_ aacae #s95aR�R;,�laz mmaa��ae"-"Keep?$a"s
gs
`.. k ..A84Ry$y.ek�9-MippM
18 $cecc nncee_�,^-E. "_c:_"'@c2"c c_2E��'c@ESc BBfi BecE
Im
a:q Ac#h=ak`R#mass $gip
S .y�gry bpFC]_.$5.^.�038Fg 2i�^FR
$?@AAAAA#8@e8@@@�R@j �A�j AjR
4g�mvgW k•_
�'ccaaae cee�;,�23�?E`c?@66A'c
ab k=arks 9i`ec k�sgacak �k
3 gc..se�zc98 p'xkma.hca2'x k3 �k
�z=m#%sa ffia�xxzq�is_nHd���
A%AAAStAA A9,�k, g,A $$AA,AAA kR6
ae eAkkB'.ak pkk 6pk-� k4p _wx w.eee
§GG3IIYIBE®O���G�GGG�G.�0 H9 CH
tll� GN Y
mY
I_
Hu
.n YxG[xN'M�1� g pp. I Md �ry��
,A �
4j pi; � ma h
coZn3!}26/i 4~ d
w
CD
N<� ova y eY1
�l90� �pp iic.nslq f°: is Jsr%dui $'
'1 A'. .$awls eo 1`A�1 ,xazwtT
AI
rkaJl �Po��—�_ ',A a xossx�rw .r
g 9N1.o � ,ezu e ��y. a°• o M1x sib .:� 'rem g
5lvntr,. ixv .Po'n
�� m�0_2V Y oe e'r m� der
N yZ�ZJZF � •pbi
r �oz � nS^/ti•"'-yl=Azicaex n tl �
om err Y .�y 9, °tor B
v�hW q F
3J+ 4.A
tp
m � /
o �
1 LandAmerica``
Southland Title
650 EAST HOSPITALITY LANE, SUITE 280
SAN BERNARDINO, CA 92408
PHONE: (909) 890-9109
DAVID CHAPMAN INVESTMENTS
78505 OLD AVENUE 52
LA QUINTA, CA 92253-1120
Attention: TREVOR PRINTZ
Escrow No.:
Order No.: 65622944
DATED AS OF August 26, 2005 AT 7:30 A.M.
"PRELIMINARY REPORT"
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,
SOUTHLAND TITLE HEREBY REPORTS THAT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS
OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND
THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH
MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR
REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE
PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE AND LIMITATIONS ON
COVERED RISKS OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT 1 ATTACHED.
LIMITATIONS ON COVERED RISKS APPLICABLE TO THE CLTA AND ALTA HOMEOWNER'S POLICIES OF
TITLE INSURANCE WHICH ESTABLISH A DEDUCTIBLE AMOUNT AND A MAXIMUM DOLLAR LIMIT OF
LIABILITY FOR CERTAIN COVERAGES ARE ALSO SET FORTH IN EXHIBIT 1. 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 1 OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND
EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS THAT 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.
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
SOUTHLAND TITLE
DANNY OSBORN, TITLE OFFICER
Fax: ()
ORDER NO. 65622944
SCHEDULE A
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO
COVERED BY THIS REPORT IS:
A FEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Benton Development LLC, a California Limited Liability Company
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF RIVERSIDE, AND IS DESCRIBED IN THE ATTACHED EXHIBIT "A":
"WE HAVE ENCLOSED EXTRA COPIES OF THE LEGAL DESCRIPTION FOR YOUR CONVENIENCE."
ORDER NO. 65622944
EXHIBIT "A"
Lot(s) 70 of Block of Tract No. 28867, in the City of La Quinta, County of Riverside, State of
California, as per Map recorded in Book 276 Page(s) 69 — 78 of Miscellaneous Maps, in the
office of the County Recorder of said County.
Except therefrom that portion
Beginning at the Northerly corner of said Lot 70;
Thence N310 44' 49" E, along the prolongation of the Northwesterly line of said Lot 70, a
distance of 6.25 feet;
Thence S580 03' 18"E, a distance of 95.00 feet, to the Easterly corner of said Lot 70;
Thence S310 44' 49" W, along the Southeasterly line of said Lot 70, a distance of 176.31 feet,
to the Southerly corner of said Lot 70;
Thence N570 33' 18"W, along the Southwesterly line of said Lot 70, a distance of 95.01 feet, to
the Westerly corner of said Lot 70;
Thence N310 44' 49"E, along the Northwesterly line of said Lot 70, a distance of 169.23 feet, to
the point of beginning. By that certain Lot line adjustment No. 2005-xx recorded August 19,
2005 as Instrument No. 684937, Official Records.
El
SCHEDULE B
ORDER NO. 65622944
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:
A. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, to be levied for the fiscal year 2005 - 2006 which are a lien
not yet payable.
B. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, for the fiscal year shown below, are paid. For proration
purposes the amounts are:
Fiscal year: 2004 — 2005
1st Installment: $3,932.51
2nd Installment: $3,932.51
Homeowners
Exemption:
$(none shown)
Code Area:
020-121
Assessment No.:
770-350-006-6
C. If Southland Title is asked to hold money for any taxes shown above, a satisfactory indemnity
along with written consent by Borrower/Seller and/or Lender MUST be submitted prior to
closing. Please contact your title officer for the appropriate forms.
D. Assessments, if any, for community facility districts affecting said land which may exist by virtue
of assessment maps or notices filed by said districts.
E. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the
Revenue and Taxation Code of the State of California.
1. Water rights, claims or title to water, whether or not shown by the public records.
2. An easement for the purpose shown below and rights incidental thereto as set forth in a document
Purpose: roads
Recorded: July 23, 1828 in Book 771, Page 245, of Deeds
Affects: said land
3. An easement for the purpose shown below and rights incidental thereto as set forth in a document
Purpose: roads
Recorded: December 23, 1830, in Book 867, Page 188, of Deeds
Affects: said land
G
E
ORDER NO. 65622944
4. An easement for the purpose shown below and rights incidental thereto asset forth in a document
Purpose: a water pipe line
Recorded: November 24, 1952 in Book 1418, Page 274, Official Records
Affects: said land
5. An easement for the purposes shown below and rights incidental thereto as shown or as offered
for dedication on the recorded map shown below
Map of: said Tract
Easement purpose: public utilities
Affects: the Southwesterly 10.00 feet
6. Covenants, conditions and restrictions as set forth in the document
Recorded: July 25, 1997 as Instrument No. 262677, Official Records
But omitting any covenant, condition and restriction, if any, based on race, color, religion, sex,
handicap, familial status or national origin unless and only to the extent that the covenants,
condition or restriction (a) is exempt under title 42 of the United States Code, or (b) relates to
handicap, but does not discriminate against handicapped persons.
Note: Section 12956 of the Government Code provides the following: If this document
contains any restrictions based on race, color, religion, sex, familial status, marital status,
disability, national origin, or ancestry, that restriction violates state and federal fair housing laws
and is void. Any person holding an interest in this property may request that the county
recorder remove the restrictive language pursuant to subdivision (c) of Section 12956.1 of the
Government Code.
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien
of any mortgage or deed of trust made in good faith and for value.
Said instrument also provides for the levy of assessments, the liens of which are stated to be
subordinate to the lien of any mortgage or deed of trust made in good faith and for value.
And re -recorded: August 15, 1997 as Instrument No. 292176, Official Records
The provisions of said covenants, conditions and restrictions were extended to include the herein
described land by an instrument
Recorded: March 17,1999 as Instrument No. 110219, Official Records
The effect of a Document entitled "Notice", by and between Coachella Valley Water District and
Tradition Club Associates, LLC, recorded June 29, 1998 as Instrument No. 265367 of Official
Records, Riverside County, California.
Reference is made to said document for full particulars.
ORDER NO. 65622944
The effect of a Document entitled "Domestic Water and/or Sanitation System Installation
Agreement", dated March 12, 1999 by and between Coachella Valley Water District, a public
agency of the State of California and Tradition Club Associates, LLC, recorded May 13, 1999 as
Instrument No. 1999-207707 of Official Records, Riverside County, California.
Reference is made to said document for full particulars.
9. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations
secured thereby
Amount:
$1,750,000.00
Dated:
June 10, 2004
Trustor:
Benton Development LLC, a California Limited Liability Company
Trustee:
El Paseo Financial, Inc.
Beneficiary:
Palm Desert National Bank
Recorded:
June 16, 2004 as Instrument No. 2004-0461266, Official Records
Original Loan No.:
7168/47256
10. An assignment of all monies due or to become due as rental or otherwise from said land, to secure
payment of an indebtedness, shown below and upon the terms and conditions therein
Amount: $(none shown)
Assigned to: Palm Desert National Bank
By: Benton Development LLC, a California Limited Liability Company
Recorded: June 16, 2004 as Instrument No. 2004-0461267, Official Records
11. A financing statement filed in the office of the County Recorder, showing:
Debtor:
Benton Development LLC
Secured Party:
Palm Desert National Bank
Date:
(none shown)
Recorded:
June 16, 2004 as Instrument No.
Property Covered:
herein described property
12. A claim of Mechanic's Lien
2004-0461268, Official Records
Amount: $55,981.60
Claimant: Stonecrect Marble and Granite Co., Inc., a California Corporation
Recorded: July 15, 2005 as Instrument No. 2005-0565927 Official Records
13. Any claims for mechanics' liens on said land that may be recorded, by reason of a work of
improvement that is disclosed by the document shown below
Document: Construction Deed of Trust
Recorded: June 16, 2004 as Instrument No. 2004-0461266, Official Records
End of Schedule B
See "Notes and Requirements"
ORDER NO. 65622944
NOTE
California Insurance Code §12413.1 regulates the disbursement of escrow and sub escrow
funds by title companies. The law requires that funds be deposited in the title company escrow
account and available for withdrawal prior to disbursement. Funds deposited with the
Company via wire transfer may be disbursed upon receipt. Funds deposited with the Company
via cashiers or teller's checks drawn on a California -based bank may be disbursed the next
business day after the day of deposit. If funds are deposited with the Company by other
methods, recording and/or disbursement may be delayed. All escrow and sub -escrow funds
received by the Company will be deposited with other escrow funds in one or more non -interest
bearing escrow accounts of the Company in a financial institution selected by the Company.
The Company and/or its parent company may receive certain direct or indirect benefits from the
financial institution by reason of the deposit of such funds or the maintenance of such accounts
with such financial institution, and the Company shall have no obligation to account to the
depositing party in any manner for the value of, or to pay to such party, any benefit received by
the Company and/or its parent company. Those benefits may include, without limitation,
credits allowed by such financial institution on loans to the Company and/or its parent company
and earnings on investments made with the proceeds of such loans, accounting, reporting and
other services and products of such financial institution. Such benefits shall be deemed
additional compensation of the Company for its services in connection with the escrow or sub -
escrow.
WIRING INSTRUCTIONS FOR THIS OFFICE ARE:
UNION BANK OF CALIFORNIA
12625 FREDERICK STREET
MORENO VALLEY, CA 92553-5216
(800) 849-6466 OPTION 3
CREDIT: SOUTHLAND TITLE
ACCOUNT NO.: 9100899253
ROUTING NO.: 122000496
FOR THE ACCOUNT OF: SOUTHLAND TITLE — LOAN PAYOFF DEPT.
OUR ORDER NUMBER OR ESCROW NUMBER MUST ALWAYS BE REFERENCED.
FAILURE TO DO SO MAY CAUSE DELAYS IN THE CLOSING OF A TRANSACTION AND/OR
MISPLACED OR LOST FUNDS. SOUTHLAND TITLE DOES NOT ACCEPT LIABILITY FOR SUCH
DELAYS IN CLOSING, MISPLACED AND/OR LOST FUNDS, OR DAMAGES (IE. INTEREST,
PENALTIES) SUFFERED BY REASON OF ONE'S FAILURE TO COMPLY WITH THE
IDENTIFICATION/CREDIT PROCEDURE SET FORTH ABOVE. ALL UNIDENTIFIED/UNCLAIMED
WIRES WILL BE RETURNED AFTER FORTY-EIGHT (48) HOURS.
SHOULD YOU HAVE ANY QUESTIONS REGARDING THE DEPOSIT OR DISBURSEMENT OF
FUNDS, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY.
ORDER NO. 65622944
REQUIREMENTS
Req. No. 1: The Company will require a statement of information from the parties named below
in order to complete this report, based on the effect of documents, proceedings, liens, decrees,
or other matters which do not specifically describe said land, but which, if any do exist, may
affect the title or impose liens or encumbrances thereon.
Parties: All Parties
(Note: The statement of information is necessary to complete the search and examination of
title under this order. Any title search includes matters that are indexed by name only, and
having a completed statement of information assists the Company in the elimination of certain
matters which appear to involve the parties but in fact affect another party with the same or
similar name. Be assured that the statement of information is essential and will be kept strictly
confidential to this file.)
Req. No. 2: The Company will require that it be provided with the following with respect to the
California limited liability company named below:
A. A copy of its operating agreement and any amendments thereto;
B. A certified copy of its Articles of Organization (1-1-C-1), any Certificate of Correction (LLC-11),
Certificate of Amendment (LLC-2), or Restatement of Articles or Organization (LLC-10); .and
C. A copy of the current Statement of Information form (LLC-12) filed with the Secretary of State.
Limited Liability Company: Benton Development LLC, a California Limited Liability Company
E
ORDER NO, 65622944
Note No. 1:
NOTES
Privacy Notice (15 U.S.C. 6801 and 16 CFR Part 313)
We collect nonpublic personal information about you from information you provide: on forms
and documents and from other people such as your lender, real estate agent, attorney, escrow,
etc. We do not disclose any nonpublic information about our customers or former customers to
anyone, except as permitted by law. We restrict access to nonpublic personal information
about you to those employees who need to know that information in order to provide products
or services to you. We maintain physical, electronic and procedural safeguards that comply
with federal regulations to guard your nonpublic personal information.
Note No. 2: The charges which the Company will make for next day messenger services (i.e.
Federal Express, UPS, DHL, Airborne, Express Mail, etc.) are $15.00 per letter, standard
overnight service, and $25.00 for larger size packages and/or priority delivery services. Such
charges include the cost of such messenger service and the Company's expenses for
arranging such messenger service and its overhead and profit. Special messenger services
will be billed at the cost of such services. There will be no additional charge for pick-up or
delivery of packages via the Company's regularly scheduled messenger runs.
11
Order No.:
ORDER NO. 65622944
NOTICE OF TITLE POLICY DISCOUNTS
Residential Resale and Refinance Transactions - California
Escrow No.:
Please note that certain discounts sometimes apply to reduce title insurance premiums. YOU SHOULD
REVIEW THE POSSIBLE DISCOUNTS DESCRIBED BELOW AND TELL YOUR ESCROW OFFICER
IF YOU THINK ANY APPLY TO THIS TRANSACTION.
These discounts are not applicable to subdivision sales.
SHORT TERM RATE — 20% off
This discount is given automatically when our title search indicates that it applies. It applies when a
current order for title insurance is placed within 60 months from the date of issuance of a prior loan or
owner's policy issued by any title insurance company. The Short Term Rate does not apply when another
discount shown on this page applies.
REFINANCE RATE — 35% off
This discount is given automatically when our title search indicates that it applies. It applies to ALTA Loan
Policies covering a new loan which refinances a loan insured with another ALTA loan policy issued by any
title insurance company.
Please acknowledge your understanding of the above, even if no discount applies, by signing
below.
Buyer/Borrower: Seller:
Date:
Signature
Signature
Date:
Signature
Signature
Please sign and return this Notice to your Title Company
ORDER NO. 65622944
N
LandAmericd
Southland Title
650 EAST HOSPITALITY LANE, SUITE 280
SAN BERNARDINO, CA 92408
PHONE: (909) 890-9109
ATTENTION:
REF:
Dated as of August 26, 2005 at 8:00 A.M.
LENDER'S SUPPLEMENTAL REPORT
The above numbered report (including any supplement thereto) is hereby modified and/or
supplemented in order to reflect the following additional items relating to the issuance of an American
Land Title Association form policy as follows:
The only conveyances affecting said land, which recorded within 24 months of the date of this report,
are as follows:
Grantor: Fisher Capital, LP, a Limited Partnership
Grantee: Benton Development LLC, a California Limited Liability Company
Recorded: August 29, 2003 as Instrument No. 2003-671931, Official Records
El
ULandAmerica
Southland Title
PRIVACY POLICY NOTICE
Dear Southland Title Customer:
ORDER NO. 65622944
The Financial Services Modernization Act recently enacted by Congress has brought many changes
to the financial services industry, which includes insurance companies and their agents. One of the
changes is that we are now required to explain to our customers the ways in which we collect and use
customer information.
The statement attached to this letter is the privacy policy of the Southland Title family of companies.
The members of the family — Southland Title Corporation, Southland Title of Orange County,
Southland Title of San Diego, and Southland Title Equities, Inc. may issue policies, handle real estate
closings and serve as exchange accommodator in virtually every part of Southern California. You
may review a list of Southland Title Companies on our website (www.southiandtitle.com). You may
visit our website for an explanation of our privacy practices relating to electronic communications.
Our concern with the protection of your information has been a part of our business since 1985, when
the company opened. We will continue to protect the privacy, accuracy and security of customer
information given to us.
No response to this notice is required, but if you have questions, please write to us:
Southland Title Privacy
7530 N. Glenoaks Boulevard
Burbank, California 91504
M
E,
L® LandAmerica"
Southland Title
SOUTHLAND TITLE PRIVACY POLICY
ORDER NO. 65622944
What kinds of information we collect. Most of Southland Title's business is title, escrow and
exchange services, but there are companies in our family that provide other real estates services to
consumers. We collect information about you (for instance, your name, address, telephone number),
and information about your transaction, including the identity of the real property that you are buying,
financing or exchanging. We may obtain a copy of any deeds, notes, or mortgages that are involved
in the transaction. We may get this information from you or from the lender, attorney, or real estate
broker that you have chosen. Our title companies then obtain information from the public records
about the property so that we can prepare a title insurance policy. When we provide closing, escrow
or settlement services, exchange services, mortgage lending, or mortgage loan servicing, we may get
your social security number and we may receive additional information from third parties including
appraisals, credit reports, land surveys, escrow account balances and sometimes bank account
numbers to facilitate the transaction. If you are concerned about the information we have collected,
please write us.
How we use this information. The company giving or specifically adopting this notice does not
share your information with marketers outside its own family. There is no need to tell us to keep your
information to ourselves because we share your information only to provide the service requested by
you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without
your approval. We may share internally and with nonaffiliated third parties in order to carry out and
service your transaction, to protect against fraud or unauthorized transactions, for institutional risk
control, to issue title insurance, investigate or process a claim under the policy of title insurance, and
to provide information to government and law enforcement agencies. Companies within a family may
share certain information along themselves in order to identify and market their own products that they
think may be useful to you. Credit information about you is shared only to facilitate your transaction of
for some purpose permitted by law.
How we protect your information. We restrict access to nonpublic personal information about you
to those employees who need the information to provide products or services to you. We maintain
physical, electronic and procedural safeguards that comply with law to guard your nonpublic, personal
information. We reinforce the company's privacy policy with our employees.
ORDER NO.
65622944
Nl It$v
(f
m c
11
.nu n
.+
R
g ^
11 w
Y
4
n x,
s
51 l6
m
CJ
w ov »a
ZZ
C
lD
0
�
X
I>
SI C6
sSr ,�
V•
u
its
r O
tax
60 1
O N
�
09
µ 0
®I
•,
S�Glsvn
R
O
5'
Bi
cot
0
CA
0
/ o cn
r*m
6yrF __
.po• rn
.n tC rp•
40G1.
�y
v
i'N,4y GQ ,pAl
w /y,, ti o
�A9•
4�41i
y
o
c,�v'
N V
a�
y,
aN
o
a u
A
e
V
W
0
ed V
8 �
Y
0
CD
CD
zm
6�90 / T
769Agiry.F
W
y
L?]
m
?
N
o
C
O N
-r�
O
�
3jS
W
�D �7
o •
�N
r�6�r•
m
�
1�k
Lo
Z=m
o
cI
> U) >
NM. ;a (n
C
my
40E3
9 Morn
o0nM
y cc):000-on 039
z
t~ 0)X�r0
Z rrl
-Obi c�
0 — nC: N
EXHIBIT "A" SHEET 1 OF 2
LOT LINE ADJUSTMENT 2005— L -3--oo
RECORD OWNERS
ASSESSOR PARCEL NUMBERS
FISHER CAPITAL PARTNERS, L.P„ A LIMITED PARTNERSHIP
770-350-006
770-270-018
LEGAL DESCRIP77ON
PARCEL 'A'
(ADJUSTED LOT 70, TRACT NO. 28867)
IN 7HE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN SECTION 7, T. 6 S, R. 7 E, S.B.B. & M:
LOT 70 OF TRACT 28867, AS SHOWN BY MAP ON FILE IN BOOK 276, PAGES 69 THROUGH 78, TOGETHER WITH A POR77ON
OF LOT 94 OF TRACT NO. 28470-1, AS SHOWN BY MAP ON FILE IN BOOK 263, PAGES 76 THROUGH 90, OFFICIAL RECORDS
OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBED AS A WHOLE AS FOLLOWS
BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 70,
THENCE N31'4449 E ALONG THE PROLONGA77ON OF THE NORTHWES7ERLY LINE OF SAID LOT 70, A DISTANCE OF 6.25 FEET
THENCE S58V3'18"E, A DISTANCE OF 95.00 FEET TO THE EASTERLY CORNER OF SAID LOT 70,-
THENCE S31'4449"W, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 70, A DISTANCE OF 176.31 FEET TO 7HE SOU7HERLY
CORNER OF SAID LOT 70,
THENCE N5733980W, ALONG THE SOUTHWAS7ERLY LINE OF SAID LOT 70, A DISTANCE OF 95.01 FEET TO THE WESTERLY
CORNER OF SAID LOT 70,-
THENCE NJ1'44'49"E, ALONG THE NORTHWESTERLY LINE OF SAIDF LOT 70, A DISTANCE OF 169.23 FEET, TO THE POINT
OF BEGINNING.
TOTAL AREA OF PARCEL A" = 16,709 SO.. FT. (0.38 AC. MORE OR LESS)
pL LAND S
A. 'NcC G'PL
a Q A
NO. 5479
Exp. 9/30/06
r
SUBJECT TO ALL COVENANTS, CONDIT70NS, RESERVATIONS, RESTRIC77ONS, �qr �aP
RIGHTS OF WAY, EASEMENTS, OR EXCEPPONS OF RECORD, IF ANY. FDF cA00
EXHIBIT nA n SHEET 2 OF 2
LOT LINE ADJUSTMENT 2005 q5q%
RECORD OWNERS
ASSESSOR PARCEL NUMBERS
FISHER CAPITAL PARTNERS, L.P., A LIMITED PARTNERSHIP
770-350-006
770-270-018
LEGAL DESCRIP77ON
PARCEL IF
(FROM LOT 94, TRACT 28470-1, TO LOT 70, TRACT NO. 28867)
IN TH,E CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN S£C77ON 7, T 6 S, R. 7 E., S.B.B. & M:
LOT 94 OF TRACT NO.. 28740-1, AS SHOWN BY MAP ON FILE IN BOOK 276, PAGES 69 THROUGH 78, OFFICIAL RECORDS OF
SAID COUNTY OF RIVERSIDE, EXCEPTING THEREFORM THE FOLLOWNG DESCRIBED PARCEL:
BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 70 OF TRACT 28867,
THENCE N31'4449"E, ALONG 7HE PROLONGATION OF THE NORTHWESTERLY LINE OF SAID LOT 70, A DISTANCE OF 6.25 FEET,
THENCE S58n3"18Z A DISTANCE OF 95.00 FEET TO THE EASTERLY CORNER OF SAID LOT 70,
THENCE N61'49"12°W, ALONG THE NOR7HEESTERLY LINE OF SAID LOT 70, A DISTANCE OF 95.18 FEET, TO THE POINT OF
BEGINNING.
TOTAL AREA OF PARCEL "B" = 297 SO.. FT (0.01 AC. MORE OR LESS)
\ONp,L LANp S
GAL
�y5 yNE A. MOC
a A
NO, 5479
Exp. 9/30/06
r
SUBJECT TO ALL ENANTS, CON0177ONS, F770NS, Sgre
EEMEN
Of' CALIFO��\P
RIGHTS OF WAY, E�S S OR EXCEPRO OFRECORD,I
RECORD, ANY.
NOTE
EXH/BIT n/..7
n S0 0
15 30
THIS PUT WAS PREPARED FROM RECORD DATA AND
DOES NOT REPRESENT A SURREY OF THE PROPERTY
L.C.A. 2005-XX
-WON HEREON THIS MAP HAS BEEN APPROVED
UPON THE EXPR£SSE'D CONDIBOV IHAT BUILDING
( IN FEET
)
PERMITS SHALL NOT BE ISSUED FOR ANY DEWELOPMENT
NTTHIN THIS ADAISTMENT PUT UNTIL NECESSARY
-
I inch = 30
ft.
DEDICA BON$ IF ANY, HAYS OCCURRED.
NOTE.•
THERE MAY BE EASE1EN75 OF
\�apL LALyO S
G,pL
RECORD DELINEATED AND REFERENCED
�yy {NE A Mc
ON THE UNDERL)7NC MAP, OR THERE
MAYBE EASEMENTS WITHIN THE AREA
NO. 5479
BE/NC ADAISTED 7HAT ARE NOT SHOWN
or,
E.P. 9/30/06
ON THIS DOCUMENT THAT COULD
ENCUMBER SAID PARCEL HEREIN
9Tf OF
CALIF
DEL GA TO DRIVE
LOT �%j
P.O.B.
(GiOLF L;OIJRSi)
i - NJ1'44'49 E
175.48'
1
169.2J'
I 1)
LOT LINE ADXSTED ,
6.25'
rG N
PARCEL 'A"
;k m
}'
0.2 AC. t
18.5'
LOT LINE TO BE
LOT 70
ADXSTED
n
eUo
7 9C7 NO, 23J67
°
PARCEL "B" C e
'
I
iV0 27b169,7J
'I AIN 773!3504106
U , 0
0.01 AC f
�
n
Txy I �
5314449'W
176.31'
L07' 7I
I LOT LINE ADJUSTMENT - CITY OF LA OUINTA
PREPARED BY.•
WAYNE A. McGEE DATE
L.S. 5479 EXP. 9130106
APPLICANT -
EL IZA BE TH BEN TON
101 KAWISH CT
PALM DESERT CA 92260
k
CLOSURE
Parcel name: PARCEL"A"
North: 576443.91 East : 1998539.14
Line Course: N 31-44-49 E Length: 175.48
North: 576593.14 East : 1998631.47
Line Course: S 58-03-18 E Length: 95.00
North: 576542.87 East : 1998712.08
Line course: 5 31-44-49 w Length: 176.31
North: 576392.94 East : 1998619.31
Line Course: N 57-33-18 w Length: 95.01
North: 576443.91 East : 1998539.13
Perimeter: 541.80 Area: 16,709 sq. ft. 0.38 acres
Mapcheck Closure - (uses listed courses, radii, and deltas)
Error Closure: 0.01 Course: S 61-12-00 E
Error North: -0.003 East : 0.006
Precision 1: 54,181.00
Parcel name: PARCEL"B"
North: 576773.80 East : 1998748.80
Line Course: S 58-03-18 E Length: 95.00
North: 576723.54 East 1998829.41
Line Course: N 61-49-12 w Length: 95.18
North: 576768.49 East 1998745.51
Line Course: N 31-44-49 E Length: 6.25
North: 576773.80 East 1998748.80
Perimeter: 196.43 Area: 297 sq. ft. 0.01 acres
Mapcheck Closure - (uses listed courses, radii, and deltas)
Error Closure: 0.00 Course: S 58-28-49 E
Error North: -0.002 East : 0.003
Precision 1: 196,430,000.00
Page 1
AUG-23-05 09:51AM FROM -Southland Title & Escrow
949-759-0410 T-7B6 P.007/015 F-141
RECORDING REQUESTED BY:
SOUTHLAND TITLE - INLAND EMPIRE (Title)
AND WHEN RECORDED MAIL TO:
Benton Development LLC.
78541 Deacon Drive East
La Quintal CA 92253
A.P.N.: 770-350-006-6
COPY or Document Recorded
on i- - -M has No. & & 9fi'
has not been compared with original.
GARY ORSO
County Recorder
RIVERSIDE COUNTY CALIFORNIA
USE
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX IS
[ ] computed on full value of property conveyed, or
[ ] computed on full value less value of liens or encumbrances remaining at time of sale.
[ ] unincorporated area [ ] City of La Quints
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
David Chapman Investments, LLC. A Delaware Limited Liability Company
hereby GRANT(S) to This document was filed for recording by
Benton Development, LLC. A California Limited Liability Company Southland Title (rlsurance Company
as an accomodaticn only. It has not been
examined as to it's execution or as to it's
effect upon the title.
the following described real property in the County of Riverside, State of California
This deed is being recorded to perfect t certain lotline
adjustment filed intheCity of La Quintaginty of Riverside
Dated: July 28, 2005
STATE OF CALIFORNIA
COUNTY OF �rderS��J� SS.
Onbefore me
Lam. L' 17uG:�
a Notary Public in and for said County and State, personally
appeared
Qa.y.rt C.4�at^,'rian
e (or proved to me on the basis of
aan factory evidence) to be the person whose nameA
is re subscribed to the within instrume t and cknowledged
to me that Ijshenhey executed the same in is her/their
authorized rapacity(iKf s) and that la1i her/their signatures)
on the instrument th person(s), or the entity upon behalf 6f
which the person(B), acted, executed the instrument.
WITNESS my h nd an rclal seal.
Signature '�'
Signature of Notary
David Chapman, Sole Member
CARIN 1. MOON
ia
Comm.ission A 13859c
Nolary public - California1
a RNerslde county
�MyComm
5
Expires Nov 19, 2006
(This area for official notary seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE