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Grant Deed 1995-0223335 t ~8 ~~ ct::1 w.... iDI:~1 ~~i QILiI fi:1iiJ " r WHEN" rffit;::ORDED, PLEASE MAIL '-. llilS INSTRUMENT TO: D~~ " 1995-0223335 30-MAY-199S 08=00 AM OFFICIAL RECORDS SAN DIEGO COUHTY RECORDER'S OFFICE GREGORY snITH. COUNTY RECORDER FEES: 0.00 OCt~A ~ CITY CLERK \ CITY OF POWAY 13325 CIVIC CENTER DRIVE POWAY, CA 92064 561 RECORDING REQUESTED BY ENGINEERING SERVICES NO TRANSFER TAX DUE \4"3D4.3 -DI ~ ~ C) L..-....../ - 51<<.....Jc:.......A- NO RECORDING FEE REQUIRED: TIllS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 6103 OF CALlFORNlA GOVERNMENT CODE GRANT DEED Assessor's Parcel No.: APN 323-080-00/04 APN 323-110-59 Project: Scripps Paway Parkway Parcel No.: R/W 16SANR R/W 17SANR R/W 19SANR FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAN REX CO., LTD., A JAPANESE CORPORATION (fonnerly known as SANYO OIL CO., LTD.) hereby GRANTS to THE CITY OF POWAY, A MUNICIPAL CORPORATION, The following described real property which is situated in the County of San Diego, State of California, and is the subject of this conveyance is more particularly described in the attached Exhibit "A-I" and Exhibit "A-2" (2 pages) and as shown on the attached Exhibit "B-1" and Exhibit "B-2" (3 sheets). This document was executed this If A '0 pVIY ,1995. day of SANREX CO., LTD., A JAPANESE CORPORATION (fonnerly known as SANYO OIL CO., LTD.) By: .~:~'v By: p~> (JANMAC, INC., Expropriation Coosul'ants) (powaysppldeedslDEEDSANR) 3\2!1\95 '- 562 (NOTARY JURA1) STATE OF f{{)r"" kv COUNTY OF .-Br-NI'IIJ rod.- f l'~) personally appeared <::;:>f'tv ') l'tl R..A I , I:::xEc '-'\1' V€- AL.:~I<{So Ho'IA / I--tANAc..E~ } }ss. ~(>J1>OI.)I h~ ~bv LRt1L \-1N.Jtll.ER- ANft Mfrr~e. 00 before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowJedged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by bis/her/their signature(s) on the instrument the person(s) or the entity upon behaH of which the person(s) acted, executed the instrument. WfINFSS my fd and :i: 'e~. /J. . Signature ~-,,;p,,~~ MARUM! LONDON NOfAKYPU8UC RATE OF nw--.na,r NO.OOO!1511 NY IXP. NOV. .. (This area for officiaJ notariaJ seal) lliIS IS TO CERTIFY that the interest in real property conveyed by the foregoing deed or grant to the CITY OF POWAY, a Municipal corporation, is hereby accepted on behalf of the City Council of said City of Poway pursuant to authority conferred by Resolution No. 34, adopted on January 20 , 1981, and the Grantee consents to the recordation thereof by its duly authorized officer. DATED: BY: MARJORIE K. WAHLSTEN, CITY CLERK CITY OF POWAY (JANMAC, INC., Expropriation Coosultants) tpowaysppldeedslDEEDSANR) 3\2!1\95 563 (NOTARYJURA1) flor'I' J"." } }so, :rrA1B 01' I H frr"~e. ~1>OI.) I . , .' pet_ally ~d S"rl'tv "> Ii l RA I , ~'\(E:c VTI VE. ALt:.,l<i50 f-I.o'IA ; kAJ<jA.c..E~ befo<t .... h~ 4bVE..RtfL 1-1'A~tI!<FR- ANft 0. oetIOIIalJy kDowa 10 me (01' proved 10 me on tIIo _ of OIIIafaotory ..Id..co) 10 be tIIo porooa(.) wllooe ....'1.1 Ware .._bed to tho within i_...t ODd _lodged 10 me dIa' lle/Wlibey .._led Ibe ame In hillbetllbdr llllilmrboed capaclty(i",), ..d 110" by hioIherlibeir si..aIUI.(S) 011 tbe _.... .... 1'0"011(1) II lbe ..tity 1l(IOII bebalf of which 1be ponoa('1 wed. executed Ibe hIIttumeal ~L-~ SigDaI.", 6oI..e... (Thi. ar.. IDt ti6claJ "",uial oea1) THIS IS TO CERTIFY that the interest in real property conveyed by the foregoing deed or grant to the CITY OF POW A Y, a Municipal corporation, is hereby accepted on behalf of the City Council of saJd CIty of roway pursuant to authority conferred by Resolution No. 34. adopted on January 20 , 1981, and the Grantee COD5DJlts to the recordation thereof by its duly authorized officer. DATED: OfhA' ! C:;.s___ /Cf7's,- By:VJf~IEt!~~.~~~~ CITYOFPOWAY (JANMAC, INC., Exprol'ria'lon Coo,,"....t.) (pow>ysppldeedslDF.PDSANR) 3\2!1195 EXHIBIT "A" PARCEL ]7; FEE ACQUISITION - SCRIPPSPOWAY PARKWAY 564 A PORTION OF PARCEL 4 OF PARCEL MAP 5730, FILED IN lliE OFF]CE OF THE COUNTY RECORDER, MARCH 24,1977, AS FILE NO. 77-108305 OF OFFICIAL RECORDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT lliE NORTHWEST CORNER OF SECTION 21, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO lliE OFFICIAL GOVERNMENT PLAT lliEREOF; TIlENCE SOUlli 89023'24" EAST ALONG TIlE NORTH LINE OF SAID SECTION 21, A DISTANCE OF 600.26 FEET TO lliE POINT OF BEGINNING, SAID POINT BEGIN THE NORlliWEST CORNER OF SAID PARCEL 4; lliENCE CONTINUING SOUlli 89023'24" EAST (SOUTH 89050' 15" EAST PER PM 5730) ALONG SAID NORlli LINE, A DISTANCE OF 562.29 FEET; TIlENCE LEAVING SAID NORlli LINE SOUlli 26050'18" WEST, A DISTANCE OF 106.43 FEET; TIlENCE SOUTH 47058'46" WEST, A DISTANCE OF 179.55 FEET; lliENCE SOUlli 65027'01" WEST, A DISTANCE OF 85.69 FEET; lliENCE NORTH 35059'55" WEST, A DISTANCE OF 149.76 FEET; THENCE SOUlli 55056'16" WEST, A DISTANCE OF 261.03 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 4 OF PARCEL MAP 5730; TIlENCE NORlli 00017'01" EAST (NORTH 00009'50" WEST PER PARCEL MAP 5730) ALONG SAID WEST LINE, A DISTANCE OF 281.79 FEET TO lliE POINT OF BEGINNING. CONTAINING 2.37 ACRES MORE OR LESS. TIlE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM OF 1983 (NAD83), ZONE 6. BEARINGS ARE BASED ON A LINE BETWEEN TIlE NATIONAL GEODETIC SURVEY MARKS "SAN DIEGO GPS 18" AND SAN DIEGO GPS 32," I.E., NORlli 01020'33" .3 WEST. MULTIPLY ALL DISTANCES USED IN TIlE ABOVE DESCRIPTION BY 1.00006588 TO OBTAIN GROUND LEVEL DISTANCES. lHIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMA~SIONAL LAND SURVEYORS ACT. SIGNATURE: . .?~~.s- / / SD-P75-202-02lLDPOWI7F.DOC/capIRSP/032795 DATE: PAGE 1 OF 1 Exhibit "A-I" EXHIBIT "A" 565 PARCEL 19; FEE ACQUISITION - SCRIPPS POWA Y PARKWAY AND EXCESS LANDS A PORTION OF THE SOUlliWEST QUARTER OF THE SOUlliWEST QUARTER OF SECTION 16, TOWNSHIP 14 SOUlli, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUlliWEST CORNER OF SAID SECTION 16; THENCE NORlli 00027'32" EAST ALONG THE WEST LINE OF SAID SECTION 16, A DISTANCE OF 301.85 FEET; THENCE LEAVING SAID WEST LINE SOUlli 75031 '18" EAST, A DISTANCE OF 96.30 FEET; THENCE NORlli 65046'54" EAST A DISTANCE OF 65.71 FEET; THENCE NORlli 80005'55" EAST A DISTANCE OF 185.89 FEET; THENCE NORlli 70000'39" EAST, A DISTANCE OF 181.33 FEET; THENCE SOUlli 68058'50" EAST, A DISTANCE OF 159.11 FEET; THENCE SOUlli 28050'30" EAST, A DISTANCE OF 269.36 FEET; THENCE NORlli 66052'34" EAST, A DISTANCE OF 198.20 FEET; THENCE NORTH 67056'30" EAST, A DISTANCE OF 337.23 FEET; THENCE NORlli 14004'16" EAST, A DISTANCE OF 74.29 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUlliWEST QUARTER OF SAID SECTION 16; THENCE SOUTH 00016'31" WEST ALONG SAID EAST LINE A DISTANCE OF 396.02 FEET TO A POINT ON THE SOUlli LINE OF SAID SECTION 16; lliENCE NORlli 89023'24" WEST ALONG SAID SOUlli LINE A DISTANCE OF 1,298.63 FEET TO THE POINT OF BEGINNING. CONTAINING 8.46 ACRES MORE OR LESS. PARCEL 16; FEE ACQUISITION - SCRIPPS POW A Y P ARKW A Y AND EXCESS LANDS A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 14 SOUlli, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUlliWEST CORNER OF SAID SECTION 16; THENCE SOUTH 89023'24" EAST ALONG THE SOUlli LINE OF THE SOUlliWEST QUARTER OF SAID SECTION 16, A DISTANCE OF 1,298.63 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89023'24" EAST ALONG SAID SOUlli LINE A DISTANCE OF 1,298.63 FEET; THENCE SOUlli 89024'51" EAST ALONG THE SOUlli LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16, A DISTANCE OF 1,252.19 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF lliE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE NORlli 03030'1 I" EAST ALONG SAID EAST LINE, A DISTANCE OF 1,000.79 FEET; THENCE LEAVING SAID EAST LINE SOUTH 88004'30" WEST, A DISTANCE OF 82.53 FEET; THENCE SOUlli 53036'55" WEST, A DISTANCE OF 170.98 FEET; THENCE NORlli 78043'46" WEST, A DISTANCE OF 219.10 FEET; THENCE NORlli 84039'05" WEST, A DISTANCE OF 259.43 FEET; lliENCE SOUlli 73052'41" WEST, A DISTANCE OF 225.80 FEET; THENCE NORlli 77054'57" WEST, A DISTANCE OF 390.00 FEET; THENCE SOUlli 81024'04" WEST, A DISTANCE OF 68.12 FEET; THENCE SOUlli 12014'49" WEST, A DISTANCE OF 9.46 FEET; THENCE NORlli 71019'44" WEST, A DISTANCE OF 70.00 FEET; THENCE SOUlli 18040'16" WEST, A DISTANCE OF 20.00 FEET; THENCE SOUlli 71019'44" EAST, A DISTANCE OF 72.25 FEET; THENCE SOUlli 12014'49" WEST, A DISTANCE OF 71.21 FEET; THENCE NORlli 88033'39" WEST, A DISTANCE OF 179.28 FEET; THENCE SOUTH 69038'39" WEST, A DISTANCE OF 104.88 FEET; THENCE SOUlli 27024'56" WEST, A DISTANCE OF 288.97 FEET; THENCE SOUlli 81026'54" WEST, A DISTANCE OF 158.32 FEET; THENCE NORlli 06015'19" WEST, A DISTANCE OF 69.60 FEET; THENCE SOUlli 83044'41" WEST, A DISTANCE OF 20.00 FEET; THENCE SOUlli 06015'19" WEST, A DISTANCE OF 73.09 FEET; THENCE SOUTH 42006'46" WEST, A DISTANCE OF 102.91 FEET; THENCE SOUlli 80055'29" WEST, A DISTANCE OF 371.63 FEET; Exhibit "A-2" PAGE 1 OF 2 566 THENCE NORTH 68026'34" WEST, A DISTANCE OF 197.09 FEET; lliENCE NORlli 31010'55" WEST, A DISTANCE OF 11.95 FEET; THENCE SOUTH 58049'05" WEST, A DISTANCE OF 20.00 FEET TO A POINT ON THE WEST LINE OF THE SOU1HEAST QUARTER OF 1HE SOUTHWEST QUARTER OF SAID SECTION 16; 1HENCE SOUTH 00016'31" WEST ALONG SAID WEST LINE, A DISTANCE OF 464.99 FEET TO 1HE POINT OF BEGINNING. CONTAINING 45.25 ACRES MORE OR LESS. 1HE BEARINGS AND DISTANCES USED IN 1HE ABOVE DESCRIPTIONS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM OF 1983 (NAD83), ZONE 6. BEARINGS ARE BASED ON A LINE BETWEEN THE NATIONAL GEODETIC SURVEY MARKS "SAN DIEGO GPS 18" AND SAN DIEGO GPS 32," I.E., NORlli 01020'33" .3 WEST. MUL TIPL Y ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.00007343 TO OBTAIN GROUND LEVEL DISTANCES. lliIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WIlli THE PROFES ONAL LAND SURVEYORS ACT. SIGNATURE: DATE: J~zrr- / SD-P75-202-Q2ILDPOW16F.DOC/capIRG/032795 PAGE20F2 Exhibit "A-2" " FD 2",P SDCE ACCEPTED AS SEC COR~~R FO 1 1/21P LS 134'1- NI5'44'30"W 0.60' FROM SEC CORNER FD 3/4" 'P RCE 8490 600.26' ,20 \ ...............-......- \\ ~~~~ ^ ~ ~ ~ " ~"'.r<____ - ~O"" :---- >sC!~ - ~ ~ ~~ ~ /\\ g IPORTIiON iOf /;: NW Jl/4iOf // ~a.;; ,/ O' to _ NW Jl/4 iOf ::J~<O 00 SJEcrJIiON 21 ;..~t' '][' 14 S, R 1 W g~~ ~ "'''''''AT ~b :;; ':>.lIJ>.1"'". . 0 g;z APN 323-110-28 8 is. (540.27' DEED) ~~36 OO~W 540.27' PM 5750) ~,-- N89"09'09"W 540.27' ~- ~ \ APN 323-080-03 // /~ \ / // .P.p \ ///\)///______ ~ \/// /// ~ .......--- /" / ........../'" (N89"50'1S"W 2597.03' RQS 8135) r-- / (N89'23'53"W ,597.56' ROS 9942) / - ......... N8~'23'24 W 2597.25' /' ,/ .... / ...- 562.29' / 136.08' 69a.37'.. 698,25'PM.5]30) .po \I" ~1'!>0 v~ .. '}.G'f.\. vP' o 3/4" IP RCE 8490 ~ N .! 1;::Wgj:f;j 2.37 AC ~ FEE AQUISITION ~ --+- 580.10' SCALE: 1" =200' NO. II L2 BEARING N6S'2T01"E N26'50'lB"E LENGTH 85.69' 106.43' N89'09'Og"w 876.73' NOO"l7'Ol"E 100.00' -+- NB9'09'09"W 1455.06' (N89'36'OO"W 1455.06' PM 5730) 874.96' BD'rIL.E EnGinEERinG CDRPDRRTIDn 7808 Convoy Court Suite 200 San Oiego, California 92111 Telephone 619/268-8080 CITY OF POWAY EXHIBIT" B" CD 567 ------- -' ~~ ~~~ ~~ Lt ~~ .,..,0 ~ \I" d}--~ ---- "..,. ~~ ~ -+- TO 1/4 CORNER 181.63' (181.75' PM 5730) FD 3/4" IP RCE '8490 r----.J 8 '" ~ "' 2. a.", ~ eo"; ~N .-;'" ,,- '" -w _w~ -tOr... ?~ "'0 bZ o ~ ~\. '!> Vp.<;lC; TAX- PAR. NO. 323-110-59 SCRIPPS POWAY PKWY SHEET 1 OF : / !! I ;' / / I / / I I / I I )~ / / I I / , // s~~ I / I ISf.t~~ I I 7' < .19 I 6,0<. I 568 .<1,0", "DO- J:?J 15'.3,.. .....080 ~ <. .....04 660 "<I' ~~ ~ a R It . - t;j " J Vj NO. L1 L2 L3 BEARING N7S"3,'18"W S6S"46'54"W 514'04'16"W LENGTH 96.30' 65.71' 74.29' ~""'!-'I 8 46 Ac ""'"'''' FEE ACQUISITION(j[) Fa 2" IP SDCO ENG 1/4 CORNER COu. 'J\tly 01" 0" 'Go <6/ <6>,',85_ '<9'" o Os 'I" '" 99,<;./.. OlJl,",y Iv/' I ,",,0,,, I .3:(> ""0). I 0,'1 I /) I , Clly l!J ~ ""i & ~ BOVL.E EnGlnEEFflnG COFfPOFfFfTlon 7808 Convoy Court Suite 200 Son Diego, Colifornia 92111 Telephone 619/268-8080 ~:",fo ~'b q.O ;., N " ,., ,., q.,1- ~q q.O !!, O&~k ~~$ .., ~ ""i ytt:~. ~ ~tJ.~~. t;;,r.. 'il't;;,. ~..., f.., w b ,., io '" f.. ~ z "- "- "- W::"'\\ ::.>:::- \ 0q,~ \~". . t?fY ~ iN "!!PI' '" <Q(j~ . ro /(J~. I ^''?~ ;t q;; \ ~~). Cl Q.."f: '" I .~~ I ",~ft,.~ . v.... "1 ;::;6_11) ~.Vj/:J ~Rl~ ~ I I I I I I I I I I I I / / / I I 526'50'30"E QD -~ \-- ~ \ 1 \ ~ \ 1 \ i! \,f \'<f \ w '0>. ,.,,., . ,., o. 0_ b<O ~- Z FO 3/4" IP RCE 8490- ~ '"' a. >- ~I :1 fRo I ii', '" I ~ ~! J! 1 / '" :2/ - / I ;j I ,., I ,f I '<f / I I / I / .'" "'. "'" ",<0 g:a' <0- <: \ \ \ \ Fa 2"IP saCE ACCEPTED A5 SEC CORNER CITY OF POWAY TAX PAR. NO. 323-080-03 SCRIPPS POWAY PKWY SHEET 1 OF 3 EXHIBIT "B" (]) ! ,.., -' ""~<; ~~~o,' 1"'1 NBO"oo'29"t 37,.63' " ............=......--~-N ---......---1;-- t;J ----- "' . ~i~w __------- ~-,::;:r_P;RKW"'(.........-'..~ - t: _______...--.- ~ :,;,;,-:,-- . '" ""_..;..--cc....... PO~1,..1 . ..... _ _ _ - -- ----~ ."~ ,--~ :"~ ~.:,-, SC~\P:?~_~'~~~'~-- ~'~_ -""__--....d::~ ~ ;,...-,~:~ to ,~< v, ........ .-- ,,' + - b'i'''22~ N ci "' "' N W '" '" "' 0 b I 0 0 z 00 0 I '" N N '" .., z 0- a. 0- <( en 0 eo: NO. LI l2 l3 l4 l5 <;0 ..- f- W I w .-J I .-- (f)/ ,...../ .......""- W'-- .--'--w (f)_ ~ .-- .-- .--'-- n 2Gi 181.63' (1 BUS' PM 0730) , 298.63' (1~9B.",' PM 5730) P.O.C. FO '1' IP SDCE ACCEPTER AS SEC COR FD 11ft' IP LS 1344 NOT ACCEPTED I 4 \I p.;RC~\. , I BDVL.E EnGinEERinG CDRPDRRTIDn 7808 Convoy Court Suite 200 Son Diego, California 92111 Telephone 619/268-8080 N1E H4 Of SW H4 Of SIE<CTION Hi, ']['14 S, JR. 1 W S.Ja.MI. 569 -t- 45,25 AC FEE ACQUISITIONCJ:I:) BEARING S5B'49'OS"W N31"10'5S"W S06"5"9"E S83"44'41"W N06'1S'19"W lENGTH 20.00' 11.95' 73.09' 20.00' 69.60' ~ N ! 179.28' 588'33'39 E SIE H4 Of SW H4 Of SIECTION Hi '][' 14S,JFU W S.IB.MI. '6\'!J~ 9-0c:, SCALE: 1" =200' (!D w w (f) (Na9"50'1S"W 2597.03' ROS 8135) (N89"23'53"W 2597.56' ROS 9942) NB9023'24"W 2597.25' 1298.63' 1 1 16.99' ('"6.77' PM 5730) T E 1/4 CORNER FD 2" IP SDC FD 3/4" IP RCE 8490 ..'!JO ~.. ~ I ~\. '!J ~",. ~ ~9-G J- CITY OF POWAY TAX PAR. NO. 323-080-04 SCRIPPS POWAY PKWY SHEET 2 OF 3 EXHIBIT" B" 0 ,,- APN 3 23-080 -02 -t- I \ \ \ \ \ \ \ .\ ..\ ..\....,.... \\..\ 'x 52'\ 52'i\, \..,....y.i... '\ \:\ . \ 'v: V. \1 \ :\ .\ .. \ \1. \ . \... \I'~" . " \ 'j,'. \ \. '" .... i, .\. : :.,- ~ ' . \ \1'\ \. I .,,~.,... \. .') 'it I ~.i I. X'. \: . \ \\\.' .\ \ I . \ \ .\. \ 1\ \ \. 1'1 \ . \. \ \\\ . \\\ . I' I [ I '1. I' '1:: I I I \.1\ i I~I~ I ' I ..1. Ii SEE SHEET 2 : .': ;, ',,' : , "',: :::':;",,;',:: .~~: ~~~ ~O~"'" . ~~O~~ "'" "'" t;;: G'J-I!j ~~~~rvi G'Jf=, I I \ I \ I \ I \ I \ I \ J \ / \ I NO. L8 L9 L,Q Lll 112 L'3 L'4 BEARING Nl2"14'49"E 57,'19'44"E S18"4Q'16"W N71"'9'44"W N'2'14'49"E S81"24'04"W SBB'04'30"W LENGTH 71.21' 72.25' 20.00' 70.QO' 9,4S' 66.12' 82.53' \ NQJ'JQ', ,"E , " 2638.52' '~OO.79' RCE 8490 FD 3/4" IP o o '" /I '-",,,,:. ~'- .;; -J "(3, en '" :n. 0.., . ~ "'. ..,'" ;,.X) ~ t 0:; cO;,.,:; .0\0' ('IiO (-.Iv-.: ~ ~'...:... o~ ,0 /")0'1 J'O'). "01_ .r-.. I,{) .I,{)': .::i' (I): ; ~ . Q.g$:'~~ -.,.- 't'.,....N to""O '01(') .../~~ :N ~ :gfR :~ C\jN~ .:::. 3:;s:.n .~:~ .....,.0) b:f'I~ ",'" z'" ....,;0 - dD 570 ~o ~ q,~ C), ~ ~CJ q,'f' ~ ~"'" ""'~ ~~ ~~~ "'" . ~..~~ O~G'J ;!B ~~ ~ ~ o .., ~ " ~ ~ ~CJ q:- --- CITY OF POWAY TAX PAR. NO. 323-080-04 SCRIPPS POWAY PKWY BDYL.E El7GlnEERlnG CDRPDRRTIDn 7808 Convoy Court Suite 200 Son Diego, Colifornia 92111 Telephone 619/268-8080 EXHIBIT" B" @ SHEET 3 OF 3 ~:::c j,/~"- .7 i .. '" -"",~' ) STEWART TITLE COMPANY OF SAN DIEGO 7676 HAZARD CENTER DRIVE 7TH FLOOR SAN DIEGO, CALIFORNIA 92108 (619) 692-1600 (619) 436-3002 (619) 743-3821 FIRST SUPERSEDING PRELIMINARY TiTlE REPOR-I APRIL 25, 1995 STEWART TITLE ESCROW 7676 1U'.zARD CENTER DRIVE 7TH SAN DIEGO, CA 92108 ATTENTION: KAREN YOUR NO. OUR NO. LOAN REF: 01043060-KF 03-143042 SANREX CO., LTD. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, STEWART TITLE COMPANY OF SAN DIEGO 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 BY STEWART TITLE GUARANTY COMPANY, 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 IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. 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 ENCID.mRANCES 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. DATED AS OF APRIL 21, 1995 AT 7:30 A.M. / 0' "j , G: c ><;l-c T:: DORETTA GRAN~ER/E!tU '-- TITLE OFFlbER Thank you for using STEWART TITlE COMPANY For matters regarding this report please contact the following at Phone No. (619) 692-1600 or Facimile No. (619) 297-1715. Operator . . . Sales Dept. . . . . . Rhonda Wadman, Payoff . . . ext. ext. ext. o 227 232 . . . Dept. WIRING INSTRUCTIONS FOR SOB-ESCROW 1. First Interstate Bank 401 "B" Street, San Diego, Calif. 92101 2. ABA #122-000-218 3. Account #113811618 4. Reference Title Officer and Order Number NOTE: If this Company is to payoff a Deed of Trust securing a Line of Credit, Additional Advance, Construction Loan or any other type of loan with future advance capabilities, we require that these accounts be frozen at least 48 hours prior to closing. Failure to freeze such accounts may delay closing and payoff disbursements. If we are to payoff a Deed of Trust which contains any type of Foreclosure Costs, please advise your Title Dept. as these must be verified prior to closing. If you have any questions regarding payoffs please contact the Title Unit or Rhonda Wadman in the Payoff Dept. ----------------- For Information regarding the Stability and Financial Statistics for Stewart Title Company of San Diego, please contact at (619) 692-1600: Darrel Delperdang, President and County Manager. ext 223 Chuck Adams, Vice President and Sales Manager, ext 202 03-143042 THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY LITIGATION GUARANTEE ) 3. 4. 5. SCBEDOLE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: SANREX CO., LTD., A JAPANESE CORPORATION (formerly known as SANYO OIL CO., LTD.) 03-143042 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THE SOUTH HALF OF THE NORTHWEST QUARTER, AND THE NORTHEAST QUARTER, AND THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER, AND THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM ALL OIL, GAS, OIL SHALE, COAL, PHOSPHATE, SODIUM, GOLD, SILVER, AND ALL OTHER MINERAL DEPOSITS CONTAINED IN SAID LANDS, AND FURTHER EXCEPTING THE RIGHT TO DRILL FOR AND EXTRACT SUCH DEPOSITS OF OIL AND GAS, AND TO PROSPECT FOR, MINE AND REMOVE SUCH DEPOSITS OF OTHER MINERALS FROM SAID LANDS, AND TO OCCUPY AND USE SO MUCH OF THE SURFACE OF SAID LANDS AS MAY BE REQUIRED THEREFOR, UPON COMPLIANCE WITH THE CONDITIONS AND SUBJECT TO THE PROVISIONS AND LIMITATIONS OF CHAPTER 5, PART I, DIVISION 6 OF THE PUBLIC RESOURCES CODE, AS RESERVED BY THE STATE OF CALIFORNIA IN DEED RECORDED FEBRUARY 21, 1955 IN BOOK 5540, PAGE 108 OF OFFICIAL RECORDS. PARCEL 2: THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. 03-143042 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1995-96, A LIEN NOT YET PAYABLE. lA. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1994-95 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $14,001.14 PAID SECOND INSTALLMENT: $14,001.14 DELINQUENT/PENALTY $1,410.11 LAND: $2,800,000.00 CODE AREA: 64052 PARCEL NO.: 323-080-04 SAID MATTER AFFECTS: PARCEL 1. lB. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1994-95 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $2,017.43 PAID SECOND INSTALLMENT: $2,017.43 DELINQUENT/PENALTY $215.78 LAND: $411,324.00 CODE AREA: 64052 PARCEL NO.: 323-080-03 SAID MATTER AFFECTS: PARCEL 2. lC. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 2. "ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING OR ZONING LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO ENVIRONMENTAL PROTECTION, OR THE EFFECT OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS." 3. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SUCH MATTERS ARE SHOWN BY THE PUBLIC RECORDS. 4. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN -1- AND INCIDENTAL IN FAVOR OF: FOR: RECORDED: SCHEDULE B 03-143042 PURPOSES THE STATE OF CALIFORNIA ABSOLUTE RIGHT TO FISH THEREUPON AS PROVIDED BY SECTION 25 OF ARTICLE I OF THE CONSTITUTION OF THE STATE OF CALIFORNIA FEBRUARY 21, 1955 IN BOOK 5540, PAGE 108 OF OFFICIAL RECORDS. SAID DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. SAID MATTER AFFECTS: PARCEL 1. 5. AN EASEMENT AND INCIDENTAL IN FAVOR OF: FOR: RECORDED: AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN PURPOSES WILLIAM WILSON HAMPTON AND RUTH P. HAMPTON INGRESS AND EGRESS, AND THE RIGHT TO MAINTAIN A ROADWAY NOVEMBER 24, 1975 AS FILE NO. 75-330384 OF OFFICIAL RECORDS. SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. SAID EASEMENT HAS BEEN GRANTED AND RESERVED IN VARIOUS DEEDS OF RECORD. SAID MATTER AFFECTS: PARCEL 2. 6. A LIEN FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS DUE, FOR UNSECURED PROPERTY TAXES, EVIDENCED BY A CERTIFICATE FILED BY THE TAX COLLECTOR OF THE COUNTY HEREIN BELOW MENTIONED, AGAINST TAXPAYER: RON FUKUDA DBA BUENA VISTA EQUIP CO NO. 92-100177 $124.51 SAN DIEGO DECEMBER 04, 1992 AS FILE NO. 1992-0779976 OF OFFICIAL RECORDS. YEAR AND ACCOUNT AMOUNT: COUNTY: RECORDED: 7. A LIEN FOR THE AMOUNT HEREIN STATED AND FOR ANY OTHER AMOUNTS DUE, IN FAVOR OF THE STATE OF CALIFORNIA, EVIDENCED BY A CERTIFICATE FILED BY THE DEPARTMENT SHOWN HEREIN AGAINST -2- SCHEDULE B 03-143042 TAXPAYER: RONNIE COLE FUKUDA DOING BUSINESS AS BUENA VISTA EQUIP CO. SR FHB 25 908393 STATE BOARD OF EQUALIZATION BE-387306 JUNE 30, 1993 $2,715.35 JUNE 10, 1993 AS FILE NO. 1993-0368084 OF OFFICIAL RECORDS. ACCOUNT NO.: DEPARTMENT: CERTIFICATE NO. DATED: AMOUNT: RECORDED: 8. WE 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: I rU1\uuA 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 weICH 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. THE FAILURE TO SOBM.IT THE COMPLETED STATEMENT OF IDENTITY AT LEAST 10 DAYS PRIOR TO CLOSING MAY RESULT IN A DELAY OF SAID CLOSING. 9. WE 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 weICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT weICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: I GORDON 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 weICH 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. -3- SCHEDULE B 03-143042 THE FAILURE TO SUBMIT THE COMPLETED STATEMENT OF IDENTITY AT LEAST 10 DAYS PRIOR TO CLOSING MAY RESULT IN A DELAY OF SAID CLOSING. -4- CL T A Preliminary Report Farm CL TA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The fOllowmg maners are expressly excluded from the coverage of this poliCY and the Company will not pay loss or damage, costs. attorneys' fees or expenses which artse by reason of: 1 (al Any law, ordinance or governmental regulation (including but not limited to building or zoning laws. ordinances. or regulatlonsl restricting. regulating. prohibiting or relating to (i)the occupancv. use, or enjoyment of the land: (ii)the character, dimensions or location of any improvement now or heraGlf!er 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 liv)envtronmental protection, or the eHect of any violation of these laws. ordinances or governmental regulations. except to the extent that a notice of the enforcement thereat or a notice of a detect. lien or encumbrance resulting from a violation or alleged violation effecting the land has been recorded in the public records at Date of Policy. (b) Any governmental pOlice power not excluded by tal 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 affecting the land has been recorded in the pUblic records at Date ot Policy. 2. Rights of eminent domain unl..s notica 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 knowlKJge. 3. Defects. liens, encumbrances. adverse claims or other matters: lal 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 PolicV. but known to the insured claimant and not disclosed in writing to the Company by the inSLired claimant prior to the dati the insured claimant became an insured under thIs policy; (c) resulting in no loss or damage to the insured claimant; Id)attaching or created subsequent to Date of Policy; or (el resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or tor the estate or interest Insured by this policy. 4. UnenforceabllitY of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, 'or the InabilitY or failure of any subsequent owner or indebtedness. to comply with the Ipplicable 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 th....of. which anses out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending 1M. 6. Any claim, which arises out of the transaction vesting in the insured the estau or interest of the insured lender. by reason of the operation of federal bankruptcy. state insolvencv or similar creditors' rights IIws. EXCEPTIONS FROM COVERAGE This pOlicy does not insure against loss or damoge tand tha Company will not pay casu. attom..,.' fees or e"penses) which a"se by reason at. , 1. Ta'l(15 or assessments which Ire 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 mlY result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. . 2. Any facts. rights. Interests or claims which are not shown by the public records but which could be IlCIrtl,ned by an inspectLon of the land or which may be asserted by persons ir'l 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 miMing claims: Ib) reservations or exceptions in patents or in acu authOrizing the issuance thereof; (cl water rights. claims or title to water, whether or not the matters excepted under ~aL Ib) or (c) are shown by the public records. I List of P"nted Exceptions and Exclusions Continued on Next Page) REV 1990 PaC)_ 1 ot 4 STE~.ART TITLE GUARANTY COMP,'V CL TA Preliminary Report Form 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6.'.87) EXCLUSIONS In addition to the ExcePtIons In SChedule 8, you are not Insured against loss, costS, attorneys' fees, and expenses resulting from Governmental police power, ana the eXistence Or vIolation of any law Or governmental regulation. This Includes building and lonlng ordinances and also :aws 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 10 Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it. unless: . a notice of exercising the right appears in the public records on the Policy Date . the taking happened pnor to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: . that are created, allowed, or agreed to by you . that are known to you, but not to us, on the Policy Date. - unless they appeared in the public records . that result in no loss to you . that first affect your title after the Policy Date. . this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: . to any land outside the area specifically described and referred to in Item 3 of Schedule A or . in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 3, AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (4-8-90) WITH ALTA ENDORSEMENT- FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4-8-90) WITH AL TA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS AND COVERAGE The following matters are expressJy 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 lawI. ordinances. or regu. lationsl restricting. regulating. prohibiting or relating to Ii) the occupancy, use, or anjoyment of the land; (iil the choracter, di. mensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownenhip 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) environmenul 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. tb) 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 It 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. (List of Printed Exceptions and Exclusions Continued on Next Page) REV. 1990 Paoe 2 of 4 STE~'ART TITLE CL:- A ?"!llm'nar'l Reoon: F':)rm 3. Defects, liens. ~ncumorances. adverse claims or other matters. lal createo. luffered. assumeo or agreeo to Oy the Insured claimant: (bl not known to thl! Company. not recoroed In the oubllc records at Date of Policy, but known to the Insured cta;manr ~r"': "0. IJIScloseo .n writing to the Company ::1'1 the Insureo claimant pnor to the oate the Insured claimant op.came an ,n'SlJr~a Jrc:e" :n!s pOIIC'I. (cl resulting in no loss or damagjJ to the Insured c1a:mant: (d! attaching or create~ subseQuent to Dat~ ot Policy (except to the extent that this policy Insures the PrtOrtty of the lien of the Insured mortgage over any statutory lien for servIces, labor or matenal or to the '!xtent ,nsurance IS afforded herein tt'1e as to assessments for street ImorovementS under construction or completed at Date of Policy). or ~eJ "'?sultlng n lOSS ,Jr damage which would not have been 'Sustained If the Insured claimant had paid value for the ,nsurea :T1on:gage 4 Unenforceabdlty of !h~ lIen of the Insurea mortgage because of the Inabllltv or failure of the Insured at Date of POlicv. or the Inability or failure of any subsequent owner of the IndebteOness, to comply with applicable dOing business laws of the state In whICh the land IS sItuated, S. Invalidity or unenforceabdity 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 matenals (or the claim of priority of any statutory lien for servtCe3, labor or materials over the hen of the insured mortgagei ariSing from an improvement or work related to the land whiCh IS contracted for and commenced subsequent to Date of PolicV and IS not financed In wnole or 1M 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 anses out of the transaction creating the Interest of the mortgagee insured by thiS polley, by reason of the operation of federal bankruPtcy, state Insolvency, or similar creditors' rights laws. The above poliCY forms may be issued to afford eIther Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs. attom~ys' fees or expenses) which anse by reason of: 1. Taxes or assessments which are not shown as e:tisting liens by the records of any taxing authoritY that levies taxes or assess. ments on real property or by thl public records. Proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings. whether or not shown by the records of such agency or by the public records. 2. Any facts, rights. interests or claims which are not shown by the public records but which could be ascertained by an inspec. tion of the land or by making Inquiry of persons in possession thereof. 3. Easements. liens or encumbrances, or claims thereof, which are not shown by the public records. 4. DiscrepancIes, conflicts In boundary lines, shortage in area, encroachments. or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; tb) reservations or exceptions In patents or in Am authorizing the issuance thereof: tcl water rights. claims or title to water, whether or not the matters excepted under (ai, (bl or leI are shown by the public recorOs. 4, AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-901 and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90) EXCLUSIONS FROM COVERAGE The following matters are e.orellly 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 governrnental regulation (including but not limited to building and zoning laws, ardina,'ces. or regulatIons! restricting, regulating. prohibiting or relating to (d the occupancy. use, or enjoyment of the land; (ii) the char. acter, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation In ownership or a change 1M the dimenSions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protec. tlon, 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 affect ing the land has been recorded In the public records at Date of Policy. tb) 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 "~ corded In the public records at Date of Policy. ILLst of Printed ExcePtions and Exclusions Continued on Next Pagel REv 1990 Page 3 of 4 STE'WART TITLE GUARANTY cO~P......y CL T A Prelim Inary Report Form 2. Rights of emment 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. 3S1iumed 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 pnor to the date the Insured claimant became an insured under this policy; (c) resulting In no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transactIon vesting in the insured the estate or interest insured by this policy. by reason of the operation of federal bankruptcy. state insolvency. or similar creditors' rights laws. The above POlicy forms may be issued to afford eIther Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authoritY that levies taxes or assess- ments on real propertY or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any factS. rights. interests or claims which are not shown by the public records but which could be ascertained by an inspec- tion of the land or by making inquiry of pef10ns 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 patenu or in Acts authorizing the iuuana thereof; (c) water rights, claims or title to water, whether or not the maners eXC8Pted under (aI, (bl or (c) are shown by the public records. REV 1990 Page 4 of 4 STE~.ART TITJ.E GUARANTY COMP"'Y o o - I()-r- \ " '- <0 o I ('t') C\I I") @)I\I '-cot- -:r II> .... .) , > I .... ::J <') u ... ) go; ) VI ~ w ~ I~: C) ... z ~ ,I Z Q < ... - , 0 zl- :r: w 0 I-g~ ,) U ... '" ID 0 Z"::!: -. WI-W II) 'f '5 'J I C' @ ....(tJQI Otl')NNfDCO (tJ"!'>ICfigai N b ~ to .... If) ~ N(\1 '" W3 3W s:",), '-'" 1:-1,() '<1 = - v N".'t 'toin .. ..... 0 co to V P. ~ Ot'b ~!2~II~Z zzza:'[L c:i.aidCiw .,,~\ '&J;:> 0r9 ('0'7 ~'T . E"/.tfs .::>~ .SOW..) 3'", (OEIS III "L'''Z (f);: -:r ,., II> ~W:? 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