Corporation Grant Deed 1993-0812362
1784
- r-: ~ 1993-0812362
02-0EC-1993 02=57 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
RF: 4. 00 FEES: 1,548.00
AF: 3.00 OC
nF: 1.00
TAX: 1540.00
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Order No. 1085222-2
Escrow No. 1085222G
WHEN RECORDED MAIL TO:
POWAY REDEVELOPMENT AGENCY
ATT: JAMES L. BOWERSOX
P.O. BOX 789
POWAY, CA 92074-0789
I I
I
I
I
SPACE ABOVE TllIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
POWAY REDEVELOPMENT AGENCY
ATT: JAMES L. BOWERSOX
P.O. BOX 789
POWAY, CA 92074-0789
DOCUMENTARY TRANSFER TAX $ 1.540.00
..$-canputed on the consideration or value of property conveyed; OR
_ Canputed on the consideration or value less liens or encumbrances
remaining at the time of sale.
APN: 317-472-22
Signature 0
r.eo.
CORPORATION GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
WESTERN LUMBER COMPANY, INC.
a corporation organized under the laws of the State of Nevada, does hereby
GRANT to
POWAY REDEVELOPMENT AGENCY
'the real property in the City of Poway, County of San Diego, State of California,
described as:
PARCEL 1 OF PARCEL MAP NO. 9105, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON AUGUST 30, 1979, FILE NO. 79-366067 OF OFFICIAL RECORDS.
Date: November 10, 1993
WESTERN LUMBER COMPANY, INC.
a Nevada corporation
STATE OF~ South Carolina
COONJ'Y OF Georgetown I
On November 17, 1993
before me, the undersigned, a Notary
Public in and for said State, personally
appeared Edward M. McMahan
",j:1b~
~"_J 've. Vl''''''?~; <><v-t
BY:
personally known to me (or proved to me
on the basis of satisfactory evidence) to
be the person(s} whose name(s) is/are subscribed
to the within instrument and acknowledged to me
that he/she/they executed the same in hisiher/their
authorized capacity (ies) , and that by hisiher/their
signature (s) on the instrument the person (s) or the
entity upon behalf of which the person (s) acted,
executed the instrument.
WITNESS my hand and official seal.
,;..;~ ~:~ ~/- ~
"~SS10Jrt.XPlre~ July 20; 19
(This area for official seal)
;p; [~(,., 1~~ :r-/;J.tV~/.tt./
" f,
1785
CERTIFICATE OF ACCEPTANCE
I, Marjorie K. Wahlsten, Secretary of the Poway Redevelopment Agency,
makes the following certification on its behalf:
This is to certify that the interest in real property conveyed by the
deed dated November 10, 1993 fr~m Western Lumber Company, Inc. to the Poway
Redevelopment Agency, a political corporation and/or governmental agency, is
hereby ac.cepted by the ul1dersigmed officer on behalf of the Board of Directors
pursuant to authority conferred'by Resolution No. R-87-18 adopted on July 21,
1987, and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: I~ -\-"1 ~
POWAY REDEVELOPMENT AGENCY
'rn k~~
Marj ie K. Wahlsten, Secretary
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Halae of the Notary: ~ ~ ~J'{\ 70 be. I
COI8Illission Number: ~ D 11 Jo \ ~
at~~mm!ssion Expires: , _, I)
County Where Bond is Filed: J~~~
Manufacturer / Vendor Number:
Placa of 'X.CU"O~~~
Signature: I~_______
,
Date:
'~\IO (9.3
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FORK RO. 1402.92
(10/17/92)
ALTA OWNER'S POLICY
WESTERH REGIOHAL EXCEP'l'IONS
ORDER NO. 1085222-2
SLP
SCHEDULE A
POLICY NO. 1085222-2
AMOUNT OF INSURANCE $1,400,000.00
PREMIUM $3,402.00
DATE OF POLICY:
DECEMBER 2, 1993 AT 2:57 P.M.
1. NAME OF INSURED:
POWAY REDEVELOPMENT AGENCY
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS
POLICY IS:
FEE
3. TITLE TO THE ESTATE OR !NTEREST IN THE LAND IS VESTED IN:
POWAY REDEVELOPMENT AGE~CY
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT "1" ATTACHED HERETO
PAGE 1
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FORII RO. 1402.92
(10/17/92)
ALTA OWIiER'S POLICY
WESTERN REGIONAL EXCEPTIONS
ORDER NO. 1085222-2
SCHEDULE B
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY
WILL NOT PAY COSTS, ATTORlNEYS' FEES OR EXPENSES) WHICH ARISE BY
REASON OF:
PART OIlE:
1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE
RECORDS OF ANY TAXING ~UTHORITY THAT LEVIES TAXES OR ASSESSMENTS
ON REAL PROPERTY OR BY THE PUBLIC RECORDS.
2. ANY FACTS, RIGHTS, INTE~EST, OR CLAIMS WHICH ARE NOT SHOWN BY THE
PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF
SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF.
3. EASEMENTS, CLAIMS OF EA$EMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN
BY THE PUBLIC RECORDS.
4. DISCREPANCIES, CONFLIC'l!S IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD
DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS.
5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN
PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER
RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS
EXCEPTED UNDER (A), (B) OR (Cl ARE SHOWN BY THE PUBLIC RECORDS.
6. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL
THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND; NOT SHOWN
BY THE PUBLIC RECORDS.
PART TWO:
1. SECOND INSTALLMENT, GEN~RAL AND SPECIAL TAXES FOR THE FISCAL YEAR
1993-94, A LIEN NOT YET DELINQUENT.
2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED
PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE
CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE
STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE.
3. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION
AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO. 944
WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID ROAD
AS GRANTED IN DEED RECORDED AUGUST 12, 1964 AS FILE NO. 145517 OF
OFFICIAL RECORDS.
PAGE 2
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FORM RO. 1402.92
(10/17/92)
ALTA OWNER'S POLICY
WES'1'ERlf REGIONAL EXcJn'TIOHS
ORDER NO. 1085222-2
4 . AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY
INSTRUMENT RECORDED APRIL 11, 1978 AS FILE NO. 78-142866 OF
OFFICIAL RECORDS, LOCA'l1ED WITHIN THAT PORTION OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14
SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED IN A DEED
RECORDED AUGUST 28, 1974 AT RECORDER'S FILE NO. 74-233567 OF
OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO.
THE SAID EASEMENT AND RIGHT OF WAY IN THE AFORESAID LANDS SHALL
BE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTHERLY 10.00 FEET OF THE EASTERLY 140.00 FEET OF THE
NORTHERLY 355.00 FEET.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
5. AN EASEMENT TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR,
MAINTAIN AND USE A PIPELINE OR PIPELINES FOR ANY AND ALL
PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES AND
APPURTENANCES INCLUDING BUT NOT LIMITED TO FACILITIES FOR POWER
TRANSMISSION AND COMMUNICATION PURPOSES, AT SUCH LOCATIONS AND
ELEVATIONS, UPON, ALONG, OVER AND UNDER THE HEREINAFTER DESCRIBED
RIGHT OF WAY AS GRANTEE, MAY NOW OR HEREAFTER DEEM CONVENIENT AND
NECESSARY FROM TIME TO TIME, TOGETHER WITH THE RIGHT OF INGRESS
THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF
POWAY MUNICIPAL WATER bISTRICT, A PUBLIC CORPORATION, RECORDED
JUNE 12, 1978 AS FILE NO. 78-240133 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
PARCEL 1:
A STRIP OF LAND 20.00 FEET OF EVEN WIDTH, THE SOUTHERLY LINE OF
SAID 20.00 FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, DISTANT THEREON
465.00 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE
WESTERLY AT RIGHT ANGLES TO SAID EASTERLY LINE, A DISTANCE OF
235.00 FEET.
EXCEPTING THEREFROM, THE EASTERLY 30.00 FEET THEREOF.
PAGE 3
\"!) }"
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l'ORII RO. 1402.92
(10/17/92)
ALTA OWlfER'S POLICY
WESTERlf REGIOlfAL EXCEPTIORS
ORDER NO. 1085222-2
PARCEL 2:
A STRIP OF LAND 10.00 FEET OF EVEN WIDTH, THE SOUTHERLY LINE OF
SAID 10.00 FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE 20.00 FOOT WIDE STRIP OF
LAND DESCRIBED IN PAROEL 1 ABOVE; THENCE EASTERLY ALONG THE
NORTHERLY LINE OF SAID 20.00 FOOT WIDE STRIP OF LAND, A DISTANCE
OF 25.00 FEET.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
6. AN EASEMENT FOR THE FLOWAGE OF WATERS OVER, UPON AND ACROSS THE
HEREINAFTER DESCRIBED LANDS AND INCIDENTAL PURPOSES IN FAVOR OF
SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1, RECORDED AUGUST
8, 1979 AS FILE NO. 79-331959 OF OFFICIAL RECORDS, DESCRIBED AS
FOLLOWS:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUN!I'Y OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY, INCLUDED IN THAT
LAND DESCRIBED IN DEED TO BOISE CASCADE CORPORATION, A DELAWARE
CORPORATION, RECORDED AUGUST 28, 1974 AS FILE NO. 74-233567 OF
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; LYING NORTHERLY AND NORTHWESTERLY OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OF SAID BOISE CASCADE
CORPORATION LAND; THENCE ALONG THE EASTERLY LINE OF SAID LAND,
NORTH 01"22'07" EAST 474.78 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY LINE SOUTH 75015'28" WEST, 500.54
FEET; THENCE SOUTH 42008'35" WEST, 154.82 FEET TO THE WESTERLY
LINE OF SAID BOISE CA$CADE CORPORATION LAND AND THE POINT OF
TERMINUS.
EXCEPTING THEREFROM TijAT PORTION LYING NORTHWESTERLY OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE AFOREDESCRIBED POINT OF TERMINUS; THENCE ALONG
THE WESTERLY LINE OF SAID BOISE CASCADE CORPORATION LAND, NORTH
01007'00" EAST, 76.17 FEET TO THE TRUE POINT OF BEGINNING;THENCE
NORTH 42008'35" EAST, TO THE SOUTHERLY LINE OF THE NORTHERLY
50.00 FEET OF SAID SOUTHWEST QUARTER AND THE POINT OF TERMINUS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 4
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FORK BO. 1402.92
(10/17/92)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
ORDER NO. 1085222-2
7 . THE PARCEL MAP REFERRIED TO IN THE LEGAL DESCRIPTION HEREIN
CONTAINS VARIOUS RESTRlICTIONS IN IMPROVING OR DEVELOPING THE
PROPERTY HEREIN DESCRIBeD. REFERENCE IS MADE TO SAID PARCEL MAP
FOR FURTHER PARTICULARS.
8. THE FACT THAT SAID LAND COULD BE SUBJECT TO INUNDATION, AS
DISCLOSED BY PARCEL MAP NO. 9105.
PAGE 5
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PORK BO. 1402.92
(10/17/92)
ALTA OWNER'S POLICY
WESTERN REGIOHAL EXCEPTIONS
ORDER NO. 1085222-2
EXHIBIT -1-
PARCEL 1 OF PARCEL MAP NO, 9105, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, ON AUGUST 30, 1979 AS
FILE NO. 79-366067 OF OFFICjAL RECORDS.
PAGE 6
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'Ooc-05-0~ 01 :44pm From-SYClR'
949 725 410'
T-ges P.00I/016 F-994
STRADLING YOCCA CARLSON & RAUTH
A P~FESSIONAL CORPORATION
ATTORNEYS AT LAw
FACSIMILE COVER SHEET
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660-6422
Date: December 5, 2002
TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: 'b
Telephone: (949) 725-4000
Fax: (949) 725-4100
PLEASE DELIVJ:;R As SOON AS POSSIBLE To:
RI:CIPII:NT COMPANY FAX No.
1. Warren Shafer (858) 679-4324
From:
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Re:
Message:
ClienrlMatter No.:
22468-0018
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Rece~ved: 12/ 5/02 13:40;
b/4it:1/.:::b..... LlL..
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T-968 P.002/016 F-984
Order Number: DIV-71481S (20)
Page Number:" 1
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First American Title
411 Ivy street
San Diego, CA 92101
Nona Troutman
First American Title
1 First American Way
Santa Ana, CA 92707-5913
Phone: (800) 854-3543
Fax: (714) 800-3172
Customer Reference:
PlOway Redevelopment/Bond Deal
Order Number:
DIV-714815
Title Offi~er:
Phone:
Fax No.:
E-Mail:
Ralph Snyder (20)
" (619) 231-4605
(619) 231-4629
rsnyder@firstam,~om
property:
13145 Poway Road
PQway, California
In (~ponse to the above referenced application for a po~icy of title insurante, this company hereby reports that it is prepared to issue, or
C3u~e to be issul!!d, as of the date hereof, a Policy or Poli~ies of ;Itle Insurance describing the l;and and the estate or interest therein
herelnaft:l!:( set forth, insurin; 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 purs~nt fD the printed Schedules, Conditions and Stipulations of Ald Policy forms.
The printed ~Ilptions and Eulusions from the coYel'2lg~ of said Policy or Policies are. set forth In Exhibit A attached. Copjes of the. Policy
forms should be read. Tiley are available from the: office which issued this report.
Plusc read tbCl axl:eptions shown or referred to b,1ow and the Q:C'eptlons and exdllsions set forth in b;hibit A of this
report camulty. lbe exceptions and e:uluslons art meallt to provide you with notice of matters which are: not cOYered
under the terms of the title insunna: poney and lihollld be cardtllly l:oftSiderecl.
It (s import:::ant to note that this prclimmary repo~ Is not a written repre:senbJtion as to the condition of title .nd may not
list Iill1liens, defects, and encumbl'llncu affecting title to the (and.
Th~ report (~nd any supplements or amendments hereb:O r!: Issued sDlely forme pu~e offac:ilitating the issuance of. policy aftitle
insurance and no liability is assumed hereby. If it is dl!Sirfd that liability be assumed prior to the issuance of a polIcy of title: insurante, a
Binder or Commitment should be requested.
First Amerian Title
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9497254W
T-96S P 003/016 F-994
Order Number: DIV-71481S (20)
Page Number: 2
Dated as of November 20, 2002 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
Extended Owners
A specific request Should be made if another form or additional coverage is desired.
ntle to said estate or interest at the date hereof is vested in:
poway Redevelopment Agency
The estate Or interest in the land hereinafter described or referred to covered by this Report is:
A fee,
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
2. The privilege and right to extend IlIrainage structures, excavation and embankment slopes
beyond the limits of Road Survey No. 944 where required for the construction and maintenance
of said road as granted in Deed recorded August 12,1964 as File No. 145517 of Official Records,
3, An easement for public utilities and Incidental purposes, recorded April 11, 1978 as instrument
no. 78-142866 of Official Records.
In Favor of: San Diego Gas and Electric Company.
Affects: A portion of the herein described property,
4. An easement for A pipeline or piplllines for any and all purposes, together with their necessary
fIXtures and appurtenances including but not limited to facilities for power transmission and
communication purposes, at such locations and elevations, upon, along, over and under the
hereinafter described right of way, as grantee may now or hereafter deem convenient and
necessary from time to time, together with the right of ingress thereto and egress therefrom and
incidental purposes, recorded June 12, 1978 as instrument no. 78-240133 of Official RecordS.
In Favor of: Poway Municipal Water District, a Public Corporation.
Affects: A portion of the herein described property,
First American Title
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949 725 410' -
T-969 P.004/016 F-994
Order Number: DIV-714815 (20)
Page Number: 3
5, An easement for flowage and incipental purposes, recorded August 8, 1979 as instrument no. 79-
331959 of Official Records,
In Favor of: San Diego County Flood Control District, Zone 1.
Affects: A portion of the herein described property.
6, The Parcel Map referred to in the Legal Description herein contains various restrictions In
improving or developing the property herein described. Reference is made to said Parcel Map for
further particulars.
7, The fact that said land could be subject to inundation, as disclosed by Parcel Map No. 9105.
8. A lease dated December 1, 1996, executed by Poway Redevelopment Agency as lessor and my
of Poway as lessee, recorded January 14, 1997 as instrument no. 97-17583 of Offidal Records.
Affects a portion of the herein described property.
9, The terms and provisions containe(f in the document entitled "Assignment Agreement"
recorded January 14, 1997 as instrument no. 97-17584 of Official Records. Executed by and
between poway Redevelopment Agency and First Trust of california, National Association, as
Trustee.
10. An unrecorded Sub-lease dated D~ember 10, 1996, executed by The City of Poway, a political
subdivision of the 5tate of California as Sub-lesSor and The County Of San Diego, a POlitical
subdivision of the State of California as Sub-lessee, as disclosed by a Memorandum of Sublease
recorded January 9, 1997 as instrument no. 97-11391 of OffIcial Records,
Affects a portion of the herein desaibed property.
11. An easement for public utilities and, inddental purposes, recorded October 27,1997 as
instrument no. 97-536780 of Official Records.
In Favor of: Sam Diego Gas & Electric Company, a Corporation.
Affects: The Easterly 15.00 feet of the Northerly 14.00 feet of the
Sol!ltherly 240.00 feet of said Parcell, of Parcel Map No. 9105,
INFQRMATlONALNOTES
The map attached, if any, mayor may not I1e a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or d~mage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is, attached.
First Amencan Title
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T-96S P 005/016 F-994
Order Number: DIV-714815 (20)
Page Number: 'I -
Ll'GAL DESCRIPTION
Real property in the City of Poway, County of San Diego, State of California, described as follows:
Parcell of Parcel Map No. 9105, im the City of Poway, County of San Diego, State of California,
according to Map thereof filed in tJ!Ie Office of the County Recorder of San Diego County on
August 30,1979, File No. 79-366067 Of Official Records, excepting therefrom the following
described portion thereof:
Beginning at the Southeast Come~ of said Parcell of Parcel Map No. 9105, being also a point in
the Westerly right-of-way line of Bpwron Road as said road is shown by said Parcel Map: Thence
along the Easterly Line of said Pareel1, North 01 degrees 22'or East, 198.01 feet; Thence
leaving said Easterly Line, North 8$ degrees 08'30" west, 202.01 feet: Thence North 01 degrees
22'07" East, 27,00 feet; Thence N<ilrth 89 degrees 08'30" West, 170,01 feet; Thence North 01
degrees 22'07" East, 23.00 feet; Thence North 89 degrees 08'30" west, 10.00 feet: Thence
South 43 degrees 44'55" west, 68,24 feet; Thence North 89 degrees 08'30" west, 15.00 feet:
Thence South 01 degrees 22'07" West, 198.01 feet to the Southerly Line of said Parcell; Thence
along said Southerly Line, South 89 degrees 08'30" East, 443.02 feet to the point of beginning.
APN: 317-472-22-00
First AmericiIn Title
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949 725 410r -
T-969 P 007/016 F-994
Order Number: DIV-714815 (20)
Page Number: 5 -
Note: Wiring instructions for Demand/Draft, Sub-Escrow Aooounts TITLE ONLY:
First American Trust Company
Santa Ana Branch
421 North Main Street
Santa Ana, California 92701
ABA 122241255
Credit to F!irst American Title Company
Account No. 13101
When wiring, please reference our Title Order Number DIV-714815 and the Title Officer Ralph
Snyder,
First American TJtle
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Order Number: DIV-714815 (20)
Page Number: 6 '
NOTICE r
Section 12413.1 of the California Insurance Code, I!ffecrive JaJ;lUilry 1, 1990, requira; that any title Insurtlncl!: company, underwritten title company, or
contrOlled escrow tompany handling funds in an escrow or 5U~es:Q"OW tapaQty, walt a specified numbe.r 01 days after deposltin; funds, before
recording any documents in connECtion with the bansaction ot disbursing funds:. This statute allow:; for funds deposited by wire trarl5fer to be
disbursed the same day is deposit. In the c;ase of cashiers chl!'ks: or certified checks, funds may be disbLlrsed the next day after deposit. In order to
avoid unnecessary delays of three to seven days, or more, plel8se use wire transfer, cashiBI"S chec:ks, or c:ertified checks whenever possible.
If you have 2.ny questions about me eft"e(t of d\ls new law, plt2.5t'!: contact your local Arst Ameriao Office for more details.
NonCE Ir
As of January 1, 1991, if the transaction whic:h is the. subject of this: report will be a sale, you as a party' to the tnlnsact:ion, may have cermln tax
reporting and withholding oblig~ons PlJr'$uant to the stilte l~ referred to below:
In acc:ordance with Sec:tions 181562 and 18668 of the Revenue and Taxation Code, 3 buyer may be rei:luired to withhold an amount equal to [hr~ and
one.t:hird perc:ent of the sales price in the Cilse of the disposition of Califomia real property Interest by either:
1. A seller who Is an IndivIdual with a lIst known Sb'e~t address outside of c.lifomil or when the disbursement il1stroctions authorize the
procew be sent to a financial intErmediill"Y 'Of the!smler, OR
2. A corporate seller which has no permanent place of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld
or five hundred dollem ($500).
Howe..r, noLWIthstandlng any olher.Pftlvlslon.lndudtd In th. Cal~omia statut.. referenced abo.., no buyer will b. r.quired to withhold any amount or
be subject to penillty for failure to withhold if;
1. The Ii3les pric;e of the califorrni real property c;QnVFyed does not cxc:eed one hundn!!d thoUSilnd dollars ($100,000), OR.
2. The seller executes a written certificate, under the! penalty of perjury, certifying th:!t the seller is a resident of Califomil, or If a eorpol"lltion,
has a pennanent place of business in California, OR
3. The seller, who Is an Individual, executes a written certl'fiC8te, under the penalty of perjury, that the California real property being conveyed
is the selll:r's principal residence (as defined in Seqtion 1034 of the Internal Revenue Code).
"'e seller is sLlbjec.t to 'Penalty fot Icnowihgly filih!;J a fraudoletlt certificate for the purpo~e of avoidIng the withholding requirement.
The Califomia statutu referenced above. inc.lude provision5 Which ~Ulhorlze the Fnllndllse Tax Board to grant reduc:ed withholding and waivers from
withholding on a caSe-bY"'CilS2 basis.
The pan:le$ to this transaction should seek an attomey's. a~untant'5. Dr other tax specialist's opinion concerning the effect of this law on this
tran$~ction and should not ac::t on any statements made or omitted by the escrow or dosing offlter.
The S~ler May R.equest a Waiver by Contacting:
Franchise Tax Board
Withhold at Source Unit
P,O, Box 651
Sacramento. CA. 95812-OG51
(916) 64S-4!lOO
Rrst American rifle
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Order Number: DIV-714815 (20)
page Number: 7
EXHIBIT A
UST OF PRlNTl!D EXdEmoNs AND EXCLUSIONS (BY POUCY TYPE)
1. CAUFORIUA lAND mu: ASSOCIATION STAf'lIDARD COVERAGE POLICY -1990
SCHIiDULE B
~EmONS FROM COVERAGE
This policy does not insun!: against I~ or damage (and the .~m~ny will not pay cosb, laomeys' fees or .expensl$) which arise by reason of:
1. TilXE!S or assemnents WhICh are not snown as ~ng hens by the reeords of any taXing authority that levies taxes or &SSe5sments on
real property or by the public retOrds. Proceeding~ by a public: agency which may result In taxes or iS$essment5, Of notice of sueh
proceedings, whether or not shown by the recorclsi of such agency Dr by the public records.
2. Any facts, right5, interasts, or dalmi which are not shown by the public; records but which could be asc:ertllned by an il1$pection of the land
or which may be asserted by per:iOTl.$ in possessio... thereof.
3. Easements, liens or encumbranedS, or daims thentof, which al't not shown by the public reccrck.
4. Oiscrepandes, eonffict5 in boundary lines, shomge in Bm, enaoadlmfl'lts, or any other facts: which a col1'ett survey would disclose, imd
which ate: "Of shown by the publie records.
5. (8) Unpiltented mining claims; (b) resel'Vaflons or ieX~ptiOJ1$ in patents Dr In Acts authorizing the issuilnce thereof; (e) wafer rights, claims
or title tCl water, whether or not the matters I!)(ce~ll!.d undet' (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are ~ressly ~uded from the cove,..g~ 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 govemmental regulatiDn (including but not limited to building and zoning laws, ol'dlnances, or regulations)
restrIcting, regulating, prohibiting or relating to (l)i the occ:upaney, use, or enjoyment of the land; (ii) the character, dimensions or loelticn of
any improvement nOW or hereafter erected on thl!llandi (Ill) a separation in ownuship 01' a ehange In the dimension$ or area of the land or
any parcel of which the land Is or WillS il part; or (lv) environmental protection, or ttJa affed of any violatlon of these laws, ordimmc05 or
governmental regulations, except to the extant th!lt a notice: of tne enforcement thereof or a notice 01 a defect, lien or encumbr1lnce
re$Ulting from a violation or all!ged violation afft:t;t:jng the land has been recorded in the public records at Date of Policy.
(b) AnY governmental police power not excluded Iby (a) above, l!J(Cept to the extent thlt a notice of the exercise ti'lereof or a notk:e of a
defect, lien or encumb~nce resulting from II violation or alleged violation a~ng the land has been recorded in thlll)ubllc: recotds at Date
of Policy.
2. Rights of eminent domain unless notice of the ~rcise thel'1lof has been recorded In the public recordi .t Date of Policy, bl.1t not e:a:ludlng
f1'om Wlenlge any talclng which ha$ oCC\lrred prior to Date af Polic;y which would be binding on the rights of 8 purchuer for value without
kncWI<dge.
3, Defects, liens, encumbrances, adverse claims. or otner matters:
(a) whether or not recorded in the public recordS at Date. of Policy, but cn!:atal, suffered, as:;umed or agreed to by the insured claimant;
(b) not: known to the Company, not recordt:d In ~e public records at OOlIte. of Policy, but known to the insured claimant and not disdosed in
writing to the Company by the insured claimant prior to the date the in$ured daimant became an Insured under thi5. poliCY;
(c.) rESulting In no 10$5 Dr damage to the Insured ;claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting In loss or damage which would not ~avc been sustained if the insured daim:Jnt had paid value for the. insured mortgage or fOr
the estate or interl!$t insured by this policy.
4. Unenfol't9bllity of the: fien of the insured mortgage because of the inability 01' fallur~ of the insured at Date of PoliCY, 01' the Inability or
failure of any sl.Ibsequent owner of the ind~ness, tCl comply wltl'l appliCilble. "doing business" laws of the state in which the land is
sItuated.
5. InvalidIty or unenforceablllty of the "an of the insured mortgage, or claim thereof, whicn arises oUf of me tnInsaction evidenced by the
Insured mortgage and is based upon usury or Iny consl.lmel" atdlt l)l'Otec:tlon ortTuth in lending law.
6. Any dBlm, which arises out of the ttansattlon vdting in the insured the estate or Interest Insured by their policy Dr the transaction creating
the interest of the insured lendef, by ruson of the opel'ltlon offederel bankruptcy, state insolvency or similar "editof'$' rights laws.
:L AMERICAN lAND 'ITt\.E ASSOCIAll0N OWNER'S POUcY FORM B - 1970
sCHmU(.E of EXCLUSIONS FROM COVERAGe
1.
Any law, ordinance or governmental regulation (~ndudil'lg but nat limited to building and zoning ordinanc5) restricting or regUlating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the chaJ'!cte.r, dimensions or location of any Improvement now Of
hereafter erect8d on the land, or prohfblting a 5$laration in owneJShip or a r2duction In the: dimensions of al'ef1 of the land, or the effect of
any violation of any such law, ordinance or govemmental regulation.
Rights of eminent domain Dr governmental rlght$ of pollc:e power unlas notice of the exerdse of such rights .ppears in the public records at
Date of Poll~.
Defects, liens, ancumbrancei, adverse dairns, o~ othet matters (a) uelted, suffered, assumed 01' agreed to by the insured claimant; (b) not
known to the Company and not shown by !hI!! PUblic ~rds but known to the insured claimant either at Date of Policy or at the date such
claimant aequlred an estCIte or intetest Insured by thIs policy and not disclosed in writing by thlllnsured daimilnt to the company prior to thl!!:
date such insured claimant bec;.me an insurl!d hereunder; (c) resulting In no loss or damage in the insuted c1airT1ilnt; (d) ilttaching or
2.
3.
Am Amenc;m Title
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Page 1 U
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848 725 41..
T-868 P.Ol0/016 F-884
Order Number: DIV-714815 (20)
Page Number: 8
created subsequent to Date of policy; or (e) resull:ing In loss or damage which would not have been sU$tllned if the insured claimant had
pak:l value for the estate or intereit iJ\$ured bV this pelley.
3. AMERICAN LAND mu ASSOCIATION OWN!R'S POUCY FORM B . 1970
vhnt REGiONAL EXCEPTIONS
When the American unci Title As.sodition policy is used as a Standard Co'let'age Polley and not as an Extended Cove:l1Ige Policy the exclusloM set forth
in Pirilgraph 2 above art: used and the following ~ons!to coverage appear in the policy.
SCHEOULE B
Thi5 policy dOR$ not Insure against loss or damage by reason of the rnatte:~ shown In parts one l!IInd two followIng:
Part One
L
3.
4.
Taxes or assessments which are: not :ihown is uJ5ting liens by the records of any taxing authority that levies taxes or BSSl!5sments on Il!iII
property or by the public l"e;cords.
AIr; facti, rights, interests, or claims which are n~t shown by the public records but which ~Id be ascertained by In insp~ion of said land
or by making inquiry of persons In possession th~re.of.
Easements:, ,Iaims of easement or enCUmbl'lnc:esI which ere net shown by the public records.
Olscrepanr;ies, confli,ts in boundary lines, shortage: In al'8, e:nao21l:hments, or any other factS which a correct survey wo\lld disclose, and
which Z1re not shown by public r.cords.
Unpatented mining dllirns; reservatiOn! or exceptions In patents or In Acts a\lthorizing the issuance thereof; water rights, daims or title to
water.
Any lien, or right to a lien, for 5trvices, labor or material heretofore or hereafter furnished, imposed by law and not shown by thl!: public
records.
2.
5.
6.
.
4. AMERICAN \AtlD 11TLE ASSOCIATION LOAN POUCY -1970
W11M A.L 1.A. ENDORSEMENT FORM 1 COVERAGE
SCHeDU!.E OF EXCLUSIONS FROM COV!RAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinZlnces) resrricting or regulating or
prohibiting the occupancy, U5e or enjoyment of ~e land, or regulating the chBf'IIcte.r, dinmu;ions 01' 10000IiOn of any improvement nOW or
hereafter erected on the land, or prohibiting a i.ll'1tion in ownerihip or a reduction in the dimensions or area of the land, ar the effect of
any violation af ilny such law ordinance or govertlmental regulation.
2. Rights of aminent domain or governmental righl:$ of police power unll!5S notice of the en:rcise of such rights l!lppdts in the public records at
Dzlte. of Policy.
J. Defects, liens, encurnbtllnces, advel'5e dairrl$, or other matters (a) created, suffered, i1ssume.d ar agreed In by the insured claimant, (b) not
known to the Company and not shown by the P4blic records but known to the insul1ld claimant I!!ithet at Date of Polley or at the date such
daimant acquired an estate or interest Insured btf thii policy or aCQuired the. im:ured l'TlOftgage and not disdosed in writing by the insured
claimant to the Company prior to the date such "sured deimant bKilme an iniured hereunder, (c) re.su1ting in na loss or damage to the
Insured c;laimantj (d) attaching or created subse~uent to Date of Policy (except to the extent insurance is afforded herein as to any statutory
lien for labor or matariid 01' to the extent Insural"lce is llfforded herein as to assessments for street improvements under construction or
complett:d at Date of Policy).
4, Unenfon::eability of the lien of the insured mortg~ge beQlU5e of failure of the Insured ii1t Date of Policy or of any subseClue.nt owner of the
indebtedness to comply with BppU,able "doing blJ5iness" laM of the stite in which the land is situBted.
S. AMElUCAN ~D mu ASSOCIATION lOAN POUCY -1970
W11M REGIONAL EXCEPTIONS
When the American Land 'T1t1e Association Lenders Policy ls used as a Sbmdard Coverage Policy iIInd not a5 an Extended Coverage Policy, the exclusions
set forth in paragraph 4 above are used and the following txc;epticos to c;overage appear in the poUcy.
SCHEDULE B
This policy does nat insOre: against: loss or damage: by re:as<ln or the matters shown In parts one and two following:
Part One
L
5.
Taxes or assessments which are not shown as ~stIng nens by the records of 8ny taxing authority that levies taxes or assessments on ~al
propRrty or by the: public records.
Any fa~1 rights, intert5ts, or daims which are not shOWn by the ~ublic records but which could be as~ined by an inipection of said land
or by making inquiry of persons: in possession thereat.
easemMts, daim5 of easement or encumbrances which are not shown by the public records.
Discrepancies, conflicts In boundary lines:, shon:.ge in area, encroac;hments, or any other facts which a correct survey would d;1dose, i/ltld
which are not shown bV public records.
Unpatented mining daimsj reseNBtions or exceptions in patl!:nts or In Ac:ts authorizing the Issuance thereof; wi!ll:I!!:r rights:. claims or title to
watsr.
Any lien, 01' right r= a lien, for services, labor ar material theretofore. or hereafter furnished. imposed by law and not shown by the public:
records.
2.
3.
4.
G.
Arst American 77tfe
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.. AMERICAN lAND mu: ASSOCIATION LOAN POUty .1992
WlTH A.L loA. ENDORSEMENT FORM 1 COVI!RAGE
ElCa.uSJONS FROM COVERAGE
The following matters ar~ expressty excluded from the covetlge of this policy and the ComlJany will not pay loss or damage, tosts, attomeys' fees or
expen5e5 whlc:h arise by reasoli [If:
). (:ill) Arry law, ordinance or governmental regulBtiClln (including but: not limited to building and zoning liIW$, ordinances, or regulations)
resmc;ting, regulating, prohibiting at relating to (l~ the oceupancy, use, or enjoyment of the hind; (ii) the character, dimensIons or location of
any improvement now or hereafter erected on thleland; (iil) a separation in ownership or a change In the dimensions Or' area of the hmd or
any parcel of which the land is or was a part; or (Iv) e:n'lltonml:nbJl protectiofl, Dr the effect of any violation of these laws, ordinances or
govemmlntil regulations, except to the uttnt tlat a notice of the enforc.ement thereof or a notice of a. defect, II~ Or' encumbfilnce
resuldng from i violation or alleged violation affl!jd:ing the land has been recorded in the public records at Oate of Policy;
(b) Any gov~mental police power not exr;ludediby (a) above, except to the extent that a notice of the exerdse. thereof or a notice of a
defect., lien or encumbrance resulting from a viol.tion or alleged violation affecting the land has been recorded in the public records at Date
ofPoIl<y.
2. Rights of I!mincmt domain unless notice of the exercise thereof !\as been r~rded in the public records at Oate of Policy, but not excluding
fr'Dm coverage any taking which has occurred prior to Date of Poli'Y which would be bindihg on the rights of a purd1aserfor value without
knowled!::le.
3, Defects, liens, encumbl'3nces, adverse daims, or'othe:r matbus:
(8) whether or not recorded in the public record$; at Date of Policy, but created, suffered, assumed or agrHd to by the iniured claimanti
(b) not known to the Company, not recorded in t1he public records at Date of Potiey, but known to the insured daimant and not disdosed In
writing to the Company by the Insured dalmant ~r1or to the date the insured daimant became iJn insured under this policy;
(c) resulting in no loss or damage to the insured 'diirt'li!lnt;
Cd) attaching or created subsel:luent to ~te: of P~licy (except to the extent that this policy insures the priority of the lien of the insured
mortgage over any statutory lien fot s~r'Vi~, labot or material Dr the extent im.urance is afforded hereIn as to assessments for stf1!et
improvements under consb'uction Dr complllt2d It dilb!: of policy); or
(e) resulting in loss Dr damage which would not: have been sustained if the insured dalmam: had lJaid \'BlUe!: for the insured mortgage.
4. Unenforceability of the lien of the IhSlIred moltO,ge because of the inabifitv Dr failure of the insured at Date cf Polley, or the. inability Dr
failure of any subsequent owner' of the indebted~ess, to comply with the applicable "doin9 business" laws of the state In which the lafld is
situated.
~. Invalidity or unenforceabilfty of the Jilin of the il'l$ured mor't.gage, or daim thereof, whlcl'l :!Irises out of the transildion evidenced by the
insured mortgage and is bastd upon usury or a~ consumer credit protection or truth in lending law.
6. Any statutory Ii..n for services, labor or materialsl (or the claim of priority of any statutory lien for services, labot Or' materials over the lien of
the insured mortgage) aming from an improverrient or work related to the land which is contracted for and COmrTllflced subsequent to Date
of Policy and is not financed in whole Dr in part by pro.;eeds of the indebtedness secured' by the Insured mortgage which at Date of Policy
the Insured has advanced or is obligated to adVillnc:e.
7, Arrt daim, whicn arises out of the transaedon cre:atlng the interest of the mortgilsee insured by this policy, by rel!lson of thl!! operation of
federill bilnkruptq', state insolvency, or similar creditors' rights: IIWS, that 15 based on:
(i) the transilction creating the interest of the in$ured mortgagee being deemed a fnIudulent ton'leyance Dr fraudulent transfer, or
(ii) the subordination of the interest of the insur.d mortglgee as a result of the application of the doctrine of equitable subordinationi or
(Ill) the tr'8nsaction creating the interest of the insured mortg8gee being deemed a preferential b'ansl'l!r a;cept where the preferentlal
trilnsfer resulb: from the failure;
(a) to timely record the instrument of transfer, or
(b) of 5uch recordation to impart notice to il pur~hiJ5er for value or a Judgment Dr lien ali!dltcr.
7. AMERICAN LAlND Tm.E AsSOCIATION LOAN POUty -19n
wmt REGIONAL EXCEPTIONS
When the Ar'nerlcan Land iltle Association pollq Is used IS: a Standard Coverage Policy and not as an Extended Coverage Polley the exclusions set forth
in paragraph 6 above are used and the following exceptionio to coverage appear In the poliey.
SCHEDULE B
This policy does: not insure agllinst: loss Dr damllge (.nd th& Compar1V will not pay co:;ts, attorneys' fees or expentes) which arise by ruson of:
1. TalCe5 or as~ments whIch are: not shown as ~stIng liens by the records of any taxing authority that levies taxes or assessments on real
prooerly or by the pUblic records,
2. Any I1lct5, rights, Interests, or dallM which are "'ot shown by the pub"c records but which could be escertlined by an inspection of said
land Dr by making inquiry of persans:ln pO$S~ thereof.
3. Easements, dilims of eilsement or enQ.lmbrancu which are not shown by the public records.
4. Diicrepillndes, conflias in boundary linu, shorQ5Ie in area, encroachments, Clr any other' facts which a correct survey would disclcse, and
which are not shown by public records.
5. Unpatented mining cb.llTI$j ruervations or txceptlonsln patents or jn Acts, authorizing the izuance thereof; water rights, clelms Dr titte to
water.
6. Any lien, or rJgtlt to elie:n, for services, labor crm:3t:erial theretofore or hereafter furnished, imposed by law Bnd not shown by the public
records.
B. AMERICAN lAND T1l1.E ASSOCIATION OWNER'S POUCY - 1992
First American Title
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EX(LUSIONS FROM COVERAGE
The following matters Ire ""Pressly exeluded from the coverage of 'this policy and the Company will not pay loss or damage, casts, attorneys' fee5 or
expenses which aflse by reason of:
1. (iI) Any law, ordinance or governmental regulation'Oncluding but not limited to building a"d zoning laws, ordinan~, or regulations}
restricting, regulating', prohibiting or relating to (i) the otaJpaney, US!!, or l!njoyment of the land; (ii) the chanlder, dimensiOh$ Of IDeation of
any improvl!ml!!nt now or here.fte:r ~~ted on the ~nd; (iii) iI 5l!!Pill'2ltion in ownership or a change in the dimensions or area of the hmd or
any pan;e1 gf which the. land is or was a part; or (j~) environmental protection, Dr the effect of any violation of the5e laws, ortlinances or
goV'emmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defe.d:, lien or encumbrance
resulting from a violation or alleged violation affeotng the land has been recorded in the public records at Date of Policy.
(b) Any govemmentJl police power not excluded by (iI) above, I!)(el!:pt tD the extent that 8 noti,e of the exerdse tlweof or a notl.:e of 3
derec:t, lien or 2ncumbrante resulting from 3 violation or IlIeged violation ilfft!cting the land has been recorded in the publit: records at Date.
of Policy.
2. Rights of eminent domain unless notice of the l!Xl!~cisf! thereof has been rec:orded in the public records at Date of Policy, but not exc:luding
from covl!r.\ge any taking which hIS occurre.d prior t:c Date of Policy which would be binding on the rights of a purchaser for value wlthour
knowledge:. .
3. Defects, liens, encumbrant:2S, adV'e:l"$e daims. or other mat:tcn;:
(a) created, suffered, iSsumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in th", public records at Date of PoUcy, but known 10 Ule insured ~imant and not disdost!d in
writing to the Company by the insul'ed dlirnant prior to the date the insured dail1"lant bea.~ an insured under this policy;
(c) resulting in no loss or damage to me insured dlimant;
(d) attaching or O"eated subseqUl!nt to Date of Pol~; or
(e) ruulting in loss or damage which would not ha~e been sustained if the insured daimant had pllid v~ILJe for the estite or interest insured
by this poIicy_
4. Arty claim. which arises out of the transaction vesting In the insured the emte or interest insurEd by this policy, by renon of the operation
of federal bankruptcy, state Insolvency, or simi);lf r:jttdltors' rights 18WS, that is billsed on:
(i) the trtll'\Sacdon c;ruting the. estare or interest in~ur.d by this policy being deemed a fraudulent c;onveyance or fraudulent transfet; or
(ii) the lnInsactlon c;reating the lSt!lte: or interest i~ured by this policy being deemed a preferential trclnsfer except whet'! the preferendal
trilnsfer results from the failure:
(a) ro timely record the Insb'Ument of tnlnsfer; or
(b) of such recordation to Impart notice to D pUfch4lser for value or a judgment 01'" lien creditor.
9. AMERICAN LAND lITl.E ASSOCIATION OWNER'S POucy - 1992
wntt REGIONAL EXCEPTIONS
Whcn the Ameri~n L.and Title Association policy is ustd as a Srandard Coveril;e Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 8 above are used and the following exceptions t() cover'l!lge 2lppear in the policy.
SCHEDULE B
ThIs poli')' does not. insure against loss or damage (and the Company willl'lot pay costs, attomeys' fees or expenses) which arise by reason of:
Part One:
1.
2.
iaxes or assessments which are not shown as existing liens by the records of any taxing authority that Ie.vies raxes or Bssessments on real
property or by the public records.
Any fads, rights, interests, 01'" d.ims which are no~ shown by the public fECOrds bur which could be ascerbline:d by an Insl)e:rnon of said land
or by making Inquiry of persons in poSsesslcn 'therlaOf.
Easements, claim; of easement or encumbtBnces Which are not shown by the public l'eCOrds.
Discrepancies, c;onflicts in boundary lines, shortage in area, encroachments, or any other facti which iI co,.,..ct survey would disclose, and
which are not shown by public records.
Unpatlinted mining dalms; reservations Of ~ceptlons In paten~ or in Acts authorizing the. itsuance thereof; Wilter rights, daims or title to
water.
Any hen, or right to a lien, for Hr'Vic@s, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
3.
4.
5.
6.
10, AMERICAN !-AND TITLE ASSOCIATION RESIDENTIAL
TITIlE INSURANCE POUCY. 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental pollee power, arid the existence or \liolatlon of any law or government regulation. "This Includes building and :i;oning
ordinances and also ~ ~lnd regulations concerning;
. land lJse '" land dlvl::lon
. improvements on the land * environmental proteaion
This I!Xduslon does not apply to violations or 'the enforcement of these: matters which appear in the public records;: ilt Policy Date.
This exdusion does not limit the zonlno coverage desalbed In Items 12 !lnd 13 of Covered TItle Risks.
First American rttl~
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2. The right to take the land by cond~mning it, unle5$:
'" a noti,"e of e:x~rcising the right ilppUI'S In the putSllc rewrds Dn the Policy Oillte.
. the taking hilpp~ned prior to tI'le Policy Dlte and to binding on you if you bought the Land without knowing of the taking.
3. Tille Risk$:
* that are created, allowl!Cl, or agreed to by yoU
. that are known to yoU, but nat to us, on the Policy Date - unless they appeared In the pubJic: retards
.. tha't r05ult In no 1055 to you
.. tMt first affacf '(Our title after the Policy Date. ttlls does not limit the labor ilnd material lien tQYeI'1Ige In Item 8 of Covered Title Risks
4. Failure to pay value for yoW' tide.
5. Lack of 8 right:
.. to any land ouulde the ilr~a Sf:Iecifically desc;nbeq and referred to in item 3 of Schedu!e A, or
. in streets, alleys. or Wilterways that touch your larnd
This exclusion does not limit the access covetage in Item 5 of Covered Tttll!. Risks.
11. EAGLE PROTEcnON OWNER'S POUCY
a.TA HOMEOWNER'S POUCY Of TInE INSURANCE .1"8
AL TA HOMEOWN~R'S POUCY OF nn.E INSURANCE. 1998
Conrcd Riskll H (Su.lldlvision!.slw Vto1:ation).15 (Buildin:,1lmnlt). 16 (Zonih:) and 18 (Em::roacJ\mmt of bounll~ry ,valls or CcnC'u) are subject tu
Deductible Amo\$ntS anil M:.u:lmum DoDll1" Lindo of Liability
EXCLUSIONS
In addition to the ExceptJons in Sdledule S, you are not insur1!!d against loss, costs, attorneys' fees, end expenses resulting from:
1. Govl!.rnrn~ntal policl!. pOwer, ilnd the existence 01' \f'iolation of ilny law or government regulation. This includes ordinances, laws and
regulatiD~ eonceming:
a. buildIng b. zoning
c. land use d. Improvements on the land
e_ land division f. Ilnvtronmenbll proted:lon
This exclUSion does not appty 'to violations or the enforcement of these matters if notice of the violatioTl or enrol'cernent appears In me
Public: Records at the policy Date.
This exclusion clOI$ RCIt limIt thll coveJ'8ge de5Cribed In Covered Risk 14, 15/ 16, 17 or 24.
2. The failure of Your existing structures, or any part:: of them, to be constructed In accordance: with applicable building codes. This exclusion
does; not apply to violations of building codes if nc:tice of the violation ilppears in the Public Records ilt the Policy Oate.
3. The right to blike the Land by I;Ondemnlng it, unl.:
a. a notice of exerd5ing thl! rtght appears In the P~blic ~eeords at the Policy Date; or
b. the. taldng happened before the Policy Oa'te and is binding on You if You bought the. Land without Knowing of the taking.
4. Ri~ks:
3. that ar'l! cr~ted, allowed, or agreed to by You, whether 01' not they appear In the Public ReClJrdsj
b. that are KnolNO to You at the: Policy Date, but l10t to Us, unless: they apper in the: Public Rl!COtds at the Policy Date;
c:. that result in no loss to You; or
d. that first og;ur after the Policy Date -this daes:not limit the covelage de5Qib~ in covered Risk 7. 8_d, ~ 23, 24 Dr 25.
S. Failure to pay Vil1ue fgr Your Title.
6. Lack of a right
a. to any Limd Dutsld~ the I" specifically deso1bed and referred tc tn pa13glilph 3 of Schcdull!. Pt.; and
b. in streets, alleys, or waterways that: touc:h the Land.
This l!lCeluslon does not limit the coverage desaibed In Covered Risk 11 or 18.
u. AMERICAN LAND TInE ASSOCIATION ~AN poUCY . 199Z WIlli A.L. T.A. ENDORSEMENT fORM 1 COVERAGE
WI1I'H ....,LE PROTEcnON ADDED
EXCLUSIONS FROM COVERAGE
Th~ following matters ere eJCPrl!.SSly excluded from the coverage oft:hl$ policy and the. Company will not pay loss or damage, costs, attomeys' felS or
expenses wtlic:h arise by reason of;
First AmenGJn Title
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1. (i1) Any lilW, ordinance or governmental re;ulation (Including but net limited to building :.nd ~oning laws, ordinanC:e5, or regulations)
restricting, rl!gtlladng, prohibiting or relatlnQ to (i) !!he octupancv, ~e, or enjoym.nt of the Land; (ii) thl!: character, dimensions or location
of any improvement now or hereafter erected on tile Land; (jii) a separatien In owneBhip or a cl1ange in the dimensions or area of the: Land
or ilny parcel of which the: Land is or wa5 a partj o~ [N) environmental protection, or the effect of any violition of these: laws, ordinances or
govl!mme:ntil regulations, except to Ihe extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbr1,nce
r~ulting from III violation or alleged violation affecdng the Land has been reeotded in the Public R.ecords at Date of Policy. This exc;lu5ion
does not limit the ,ovel"i!lge provided under insurin~ provi$ions 14, is, 16 ind 24 of this policy.
(b) Any governmental police power not exc:Iuded by (a) above, except to the extent that a nQd~ of the exercise thereof ot' a notice of a
defect, Ilen or encumbri"c;:e rl!Sutting from a violatipn 01' aUeged violation affecting the land has been re~rded in the Public;: Records at Date
of Poli~. This exclusion does not limit the coverao~ prgvided under insuring provisions 14, 15, 16 and 24 of this politY.
2. Rlgl1ts of eminent domain unless notice of the eml'dse thereof has been recorded in the Public Records at Date of Polley, but not excluding
from coverage: any taking whidl has occurred prior to D~te of Policy which would be binding on the rights of a purchaser for VJI~ without
Knowledge.
3. Defects, liens, encumb~nce$j IIdverse dalms or ottler matters:
(a) created, suffered, assumed or agreed \:Q by the! Insu~ Oaimant;
(b) not known to the Company, not recorded in the PLtblie Records: at Dab! of Pellcy, but Known to the Insured Clilimant and not cftsdosed In
writing to the company by thE Insured C1airmlnt ptior to the dare the Insured Claimant became an Insured under this policy;
(c) Multln" in no toss or damage to the Insured Claimant;
(d) attadling or created subsequent to Date. of POllr;y (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8,
16, 11, 19, "lO, 21,23, 24 and 2S)j or
(e) rl!Sultlng in los!t or damage which would not have been 5usmined If the In5ure:d daimant had paid nh.le for the Insured Mortgage.
4. Unenforceabllity of the lien of the. Insured MortgOlge beC3use of tt'le inabilit)' or failure of the lMUred It Date of Policy, or the inability or
failure of any subsequent owner of the indebtednelSS, to l;Omply with appUcable doing business laW$ of t:he 5l:ate In which the Land is
situated.
S. Invalidity or unenforceability of the lien of the Ins""red Mortgage, or claim thl!reof, which arise$ out of ttle transaction evidenced by the
Inl::ured Mortgage and is bided upon:
(a) usury, except as provided under ins:uring provi~ion 10 of this polley; or
(b) any COn5urner credit protection or truth in lending law.
6. TaxeS or assessments of any taxin!;J or aGSessmen* authority whi,h become 21 lien on the Land subsequent to Date of Polley.
7 Any claim, which arises out of thl!: transaction C'dtlng the interest: of thl! mortgagee insured by thIs poijcy, by rl!iISOn of the operation of
federal bankruptcy, state insolvency, or similar cr$lltors' righb, laws, that Is based on:
(a) the tran5action creating the intl:teSt of the insli!red mortgagee. being deemed a frill.ldulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insure4 mortgJgee as a result of the application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insllIred mortgagee being del:med a preferentiOlI tran$fer except where thr: preferential
b1Insfer results from the failure:
(i) to timely record the Instrument of tran$fer; or
(ii) ef such recordation to impart notice to:a purchaser for value ora judgment or lien aeditcr.
8. Any c::Ialm of invalidity, unenforcl!lblllty or lack of priority of the lien of the: Insured Mortgage as to advance:; or modifications made after the
1l1Surc:d has Knowledge that the vestee: :;hown in Sdledule A Is no longer the owner of the estate or interest covered by this policy. This
exduslen does not limIt the COVl!l'iIgt: provided under insuring provision 7.
9. lack of prlorlry of the lien of the Insurl!d Mortga,,~ as to each and ~ery advance milId~ after Date of PDlicy, and 2111 intereit charged
thereon, ever liens, enr;umbrances and other matters affecting tide, the exlsten,e of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification i5 n'1i1de: to the tenns lJf the ln$urecl Mortgag. which ch~nges the rate of Interest chiiilrged, if the rate of interest
is greater as a result of the modification than It Yf'ould have been before the modification.
This exclusion does not limit the coverage provid4d undRr insuring provision 7.
SCHEDULE B
This polley does not Insure against ,~ or damiilge (ilnd the COmPilny will not: pay costs, attorneys' fees Dr ~enses) which arise by reZlson of:
I, Environmental protection liens prOvided for by the following .oosting statutes, which liens will have priority over the lien of the Insured
Mortgage when they ann: NoNE.
13. AMERICAN LAI'lD 1TrLE ASSOClAnON LOAN POUCY . 1992
WXtnI EAGLE PROTECTION ADDED
WITH REGIONAL EXCl!PnONS
When the American Land Tltll! Association Ioiln policy with EAGLE Prnted;iol1 Adde.d Is used IS a Standard coverage Policy and not as an Extended
Coverage policy the exdusions set forth in paragraph 12 Ibove Ire U$,ed ilnd the foUowlng exceptions to coverage appear in the policy.
SCHEDULEB
This policy does not in5Un~. agZlinst loss or diJm:Jge (and the. Company will not pay costS, attomeys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or lI$5USlT1ents which are ner: shown as uisting liens by the rec.ords of any taxing authority that levil:S taxes or assessments on real
property or by the public: recordS.
first American Title
'__'---I..V",,-l; I L
0,,-05-02
2.
3.
4.
,-" U"'-' 1 ~;4-l:::l;
l:::l4l::1''''''-'....'UU
AUM.1.N ~I:::HV.J.-\.....l;:;.;:,>
I-"CI,ge 10
01 :48om
FrDm-SYClR 1--
949 m 4lO~.
T-9.8 P 015/01. F-994
Order Number: DIV-114815 (20)
Page Number: 1.3". -
s.
Any facU, rights, interests, or claims whid1 are not shown by the pubij, records but which could be il$cel"t81ned by en inspec:tlon of said land
or by making inqLllry of plUSOns in possession thereo~.
Easements, claims of easement or encumbrances whlch are not shown by the publiC records.
Dlscrepanciu, conflicts in boundary lines, shortage in area, enc;roilchments, or any other facts which a correct survey would disclose, and
which are not shown by public l'ecords.
Unpatented mining daims; rest!l'Vations or exceptiON in patents or in act5 iIIuthorizing the i$,$Uilnce thereof; water rights, daims or titte to
water.
Any tien, or right to a lien, for ser\'lces, labor or material theretofore. or hereafter furnished, imposed by law and not shown by the public
I'Ccords.
6.
Part Two:
1.
Environmental prctl!:ction liens provided for by me following existing 5tatLIteG, Which liens will have priority over the lien of the Insured
Mortgage when they arisC!l: NONE
First American Title
Hece.LveO: 121 blO:'::: 1;,j:49;
0.c~~5-QZ 01 :48pm From-SYClR 1
84B 7Z5 4100 _.
94872b41UU -> ADMIN SERVlC~b; Pag~ 10
T-B68 P 016/016 F-BB4
EXHIBIT A
309
DESCRIPTION <)F THE SITE
THE \..AND Rl!FERRI!tl TO HEREIN IS SrruAIrED IN THE S1 ATE OF CAUFORNIA.
COUNTY OF SAN DII!GO. AND IS DESCRmEb AS FOLLOWS:
THAT PORnON OF PARCEL 1 OF PARCEL MAP NO. 9105, IN THE CITY OF POWAV,
COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO PARCEL MAP
THEREOF FILED IN TIlE OFFICE OF THE COUNTY RECORDER OF SAN D1~GO
COUNTY. ON AUGUST 30. 1919 AS FILE NO. 79.366067 OF OFFICIAL RJ::CORDS,
DI!SClUBEIl ,.s FOUDWS:
BEGINNING AT TIlE SOUTHEAST CORNEll. ~i' SAID PARCEL I OF PARCEL MAP
NO. 9105. BEING AL.SO A FOINT IN THE WE$TERLY R10HT.QF.WAY UNE Of
BOWRON ROAD AS SAID ROAD IS SHOWN llY SAID PARCEL MAP; THENCE ALONG
TIlE !!ASTEII.L Y LINE OF SAID PMCEL l, NORTH 01'22'07' EAST. 198.01 FEET;
THENCE LEA<VJNG SAID EASTERLY UNE. !,!ORTH 89"08'30' WEST, 202.01 FEET;
THl!NCE NOR1H 91'22'07' !!AST, 27.00 FEE'1': THENC" /lORn! 89'08'30" WEST,
170,OI1'EF.1: nlENCE NORTH 0\'22'07' EAST 23.00 FEET: nlI!NCE NORTH 89'08'30'
WESt, 10.00 FEET; THENCB SOUTH 43'44'5$" WEST, 68,24 FEEt: THENCE NORn!
89'08'30' WEST, 15.00 FEET: THENCE SOUTll 01'22'07' WEST. 198,0\ FEET TO TIlE
SOIJTllER.L V LINE OF sAID PARCEL I; THENCE ALONG SAID SOUTIlER1. Y LINE,
SOUTH 89'08'311' !!ASt, 443.02 FEET TO TIlII POINT OF BEGINNING,
A-I
Description: San Diego, CA Document. Year. DoclD 1997.17583 Page: 40 of 46
Order 815.20 Comment: