HomeMy WebLinkAboutA-2002-020
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CEOlReal Estate
CEOIPC/CEO-02-002
Forrest Paul Park Parcel
A-2002-020
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PURCHASE AND SALE AGREEMENT
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DATE: Apr') I q
. 2002, at Santa Ana, California.
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BUYER: CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the
11 Constitution and laws of the State of California.
13 SELLER: COUNTY OF ORANGE. a political subdivision of the State of California.
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For valuable consideration, BUYER agrees to purchase and SELLER agrees to sell the property described in
17 Exhibit A and sho'WTI on Exhibit B, both attached hereto, upon the terms and conditions stated herein for the
purchase price of:
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Twenty Thousand Six Hundred Thirty Four Dollars ($20,634), ("Purchase Price").
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BUYER herewith gives SELLER a good faith deposit, hereinafter referred to as the "Purchase Deposit", in
23 the amount of One Thousand Dollars ($1,000). Said Purchase Deposit is equal to approximately five percent
(5%) of the purchase price, stated above.
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1. ESCROW (S)
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The escrow company sho'WTI below shall be the "Escrow Holder" for this purchase.
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Escrow Holder
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First American Title Company
2 First American Way
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(71~) 800 ~889 rnnT1~
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(714) ROO-4784 fax
BUYER and SELLER agree to execute escrow instructions reasonably required by the Escrow Holder.
..+3 Signed escrow instructions shall be delivered to the Escrow Holder within five (5) business days after the
date of this agreement and shall provide for close of escrow within forty-five (45) calendar days after the
..+5 date of this agreement, or sooner if it is mutually desirable to BUYER and SELLER. The term of escrow
shall not be extended unless authorized in writing by SELLER.
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Close of escrow shall be the date that the documents are recorded by the Orange County Recorder. If escrow
..+9 does not close within the original forty-five (45) day term. or within the term of any authorized extension.
CEOC,n .(S~ A_""", Page 1 of 7 J.....n ". ~t'"
CEO'PC;CEQ..02..oo1 Fom:sa Paul Pan. Purdwc ",m:~nl
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SELLER may cancel escrow. In such event, the Escrow Holder shall remit to SELLER all escrow payments
made by BUYER, except an amount equal to the escrow and title cancellation fees, if any, which shall be
retained by the Escrow Holder. SELLER shall disburse this remittance in accordance with the Clause
(LIQUIDATED DAMAGES).
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The Purchase Deposit paid by BUYER shall constitute a portion of the purchase price with the balance paid
7 through escrow.
9 2. FINANCING (S)
11 All costs for financing, including new loans and/or purchase related costs, will be at the expense of BUYER.
This agreement is not contingent upon BUYER obtaining funds and/or borrowing to complete this purchase.
13 unless specifically approved by SELLER.
15 3. BUYER'S COSTS (S)
17 BUYER shall pay all costs in connection with the purchase of the property. Such costs may include, but
shall not be limited to, escrow fees, title insurance policy fees, docwnentary transfer tax, recording fees, and
19 preliminary change of omlership fees.
21 If all conditions of this agreement are met by SELLER, but BUYER does not complete the purchase,
BUYER will also be responsible for payment of all cancellation fees, if any.
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4. SELLER'S COSTS (S)
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SELLER shall pay no costs in connection with BUYER's purchase of the property.
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5. DELIVERY OF DOCUMENTSIFUNDS (N)
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SELLER shall deliver to escrow a Grant Deed, in the form attached hereto as Exhibit D, and such other
31 documents as are required to transfer title to the property.
33 Prior to the date set for close of escrow and when so instructed by the Escrow Holder, BUYER shall deliver
to escrow:
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A. The balance of the purchase price due, and;
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B. An amount sufficient to pay for all closing costs, as calculated by the Escrow Holder.
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All payments specified above shall be by cash, cashier's check or wire transfer such that the Escrow Holder
41 can disburse cash proceeds accrued to SELLER at close of escrow.
4, 6. TITLE INSURANCE (S)
45 There shall be no policy of title insurance provided by SELLER in connection with BUYER's purchase of
the property. BUYER may obtain a policy of title insurance for this purchase at BUYER's sole cost and
-+ 7 expense. BUYER may elect to obtain such policy by instructing the Escrow Holde.r to order same and by
paying an amount equal to the title insurance policy cancellation fee, as determined by the escrow Holder, at
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FolTCSZ Pau.l Pan. Pu~tw.I: A"rccmeal
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1 the time the order is placed. This cancellation fee shall be applied to the cost of the title insurance policy,
provided eScrow is not cancelled.
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BUYER ACKNOWLEDGES THAT IN A PURCHASE OF REAL PROPERTY IT MAYBE ADVISABLE
TO OBTAIN TITLE INSURANCE IN CONNECTION WITH THE PURCHASE SINCE THERE MAYBE
PRIOR RECORDED LIENS AND ENCUMBRANCES, WHICH COULD AFFECT BUYER'S INTEREST
IN THE PROPERTY. A POLICY OF TITLE INSURANCE SHOULD ,BE OBTAINED IN ORDER TO
ENSURE BUYER'S INTEREST IN THE PROPERTY BEING ACQUIRED.
BUYER's initials t11:
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7. TITLE (N)
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Title shall be subject to:
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A. Exceptions shown in Exhibit "C," a Preliminary Report covering the property.
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If SELLER is unable to deliver title to the Property as set forth above, BUYER shall have the option to:
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A. Accept title i:-. '::.e :::'.:::=:>::, :::-:ists. .~~c:eptance of such title shall constitute full satisfaction oftl::;
21 terms of this Agreement as related to title, a....ld SELLER shall in no v.;ay be liable for failure to deliwr
title as set forth above; or
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B. Terminate this Agreement by delivering written notice thereof to SELLER. In such event, BU'l"ER
25 shall receive a refund of all money paid hereunder and BUYER and SELLER shall be relieved of
further obligation to one another. If the Agreement is terminated as provided for in this paragraph, all
27 escrow and title cancellation fees incurred shall be paid by SELLER, and BUYER shall not be liable
therefore.
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8. VESTING OF TITLE (S)
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_ Title to the property to be conveyed pursuant to this agreement shall be vested as set forth by BUYER below.
33 (Please print clearly)
35 Citv of Santa Ana. a charter city and municipal corporation dulv ofQ:anized under the Constitution and laws
of the State of California.
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BUYER IS A WARE THAT THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT .LEGAL
39 AND TAX CONSEQUENCES AND HAS GIVEN THIS MATTER SERIOUS CONSIDERATION.
41 9. PRORATIONS (N)
43 Property taxes shall be prorated to close of escrow. There shall be no other prorations made in connection
with this purchase and sale. All prorations shall be made on the basis of a thirty (30) day month.
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10. POSSESSION (N)
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Possession of the property shall be delivered to BUYER at close of escrow.
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CEOICI~- or SA./Purd'wc Agrccmcnl
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January I ~. ~OO2
FotTCSI PauJ Park Pwdwc Agrcx:ment
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11. TAXES (S)
THE PROPERTY 'WILL BE REASSESSED UPON CHANGE OF OWNERSHIP, THIS 'WILL AFFECT
THE AMOUNT OF PROPERTY TAXES. After close of escrow, a Supplemental Tax Bill will be issued
which shall be the responsibility of BUYER to pay.
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12. PROPERTY PURCHASED IN "AS-IS" CONDITION (N)
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BUYER acknowledges that SELLER has made available to BUYER, for review, a Hazardous Materials
Assessment Report prepared by the County of Orange, Environmental Management Agency, dated
December 8, 1993 and a Limited Subsurface Investigation Report prepared by Kleinfelder, Inc., dated June
13, 1995. BUYER agrees that SELLER shall have no responsibility, financial or 'otherwise, for maintenance.
abatement, or remediation of hazardous materials on the property, except as otherwise provided by law.
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BUYER acknowledges that SELLER has made no representations, warranties, or agreements as to any
matters concerning the property, including, but not limited to, the marketability of title, the land, topography,
climate, air, water, water rights, utilities, present or future zoning, soil, sub-soil, hazardous substances, waste.
or materials, the purposes for which the property is suited, drainage, access to public roads, proposed routs or i
extensions of roads, or the availability of governmental permits or approvals of any kind. Notwithstanding
the above, SELLER warrants and represents to BUYER that it is not aware of any releases of hazardous
substances or contamination of the Property, except as othervvise disclosed in the reports referenced in this
section. BUYER represents and warrants to SELLER that BUYER and BUYER's representatives and
employees have made their o\-vn independent inspection and investigation of the property and BUYER
agrees to purchase the property in its "as-is" condition.
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BUYER's initials ~ 17J'.
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13. PROPERTY INSPECTIONS (N)
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BUYER shall have the right during the escrow term and at BUYER's expense to conduct tests, surveys,
31 studies, inspections, and investigations. (collectively, "Inspections") of the Property, concerning, but not
. limited to soils, possible environmental hazards. and other substances, products and geologic conditions.
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BUYER shall keep the property free and clear of any liens. indemnify and hold SELLER harmless from all
35 liability, claims, demands, damages, or costs, and repair all damages to the Property arising from such
inspections.
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BUYER represents and warrants to SELLER that BUYER and/or BUYER's representatives and employees
39 have made, or will make during the escrow term, their O\\>TI independent inspections, investigations, tests,
surveys, and other studies of the property.
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14. LIQUIDATED DAMAGES (S)
IF BUYER FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY AS HEREIN PROVIDED.
45 BY REASON OF ANY DEFAULT OF BUYER, SELLER SHALL BE RELEASED FROM SELLER'S
OBLIGA TION TO SELL THE PROPERTY TO BUYER. BY INITIALING BELOW, BUYER AGREES
47 THA T, IN SUCH EVENT, SELLER SHALL RETAIN AS LIQUIDATED DAMAGES THE PURCHASE
DEPOSIT PAID BY BUYER, AND PROMPTLY RETURN ANY EXCESS T(JBUYER.
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CEO'Cu~ of SA/Plud'I.aK Agreemenl
CEOI'POCEo.m.oo:
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Jal'I~IS.20(J;;
Forrut Paw Park Purchase Agrccmcnl
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BUYER's initials JiJ'f
3 15. PERMITS AND LICENSES (S)
5 BUYER shall be required to obtain any and all permits and/or licenses which may be required in connection
with the purchase and/or subsequent development of the property. No permit, approval, or consent given to
7 BUYER by SELLER, in its governmental capacity, shall affect or limit ~UY:ER's obligations hereunder. No
approvals or consents given by SELLER, as a party to this agreement, shall be deemed approval as to
9 compliance or conformance with applicable governmental codes, laws, or regulations.
11 16. ASSIGNMENT (S)
13 This agreement shall not be sold, assigned, or otherwise transferred by BUYER without the prior written
consent of SELLER. Failure to obtain SELLER's required written consent shall render such sale,
15 assignment, or transfer void.
17 17. SUCCESSORS IN INTEREST (S)
19 Subject to the restrictions contained in the Clause (ASSIGNMENT), this agreement shall inure to the benefit
I (of 2J.'1.d be binding upon the parties hereto and their respective heirs, successors, and assigns.
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18. PARTIAL INVALIDITY (S)
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This agreement shall be governed by and construed according to the laws of the State of California. The
25 invalidity of any provision in this agreement, as determined by a court of competent jurisdiction, shall in no
way affect the validity of any other provision hereof.
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19. BROKER'S COMMISSION (N)
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BUYER is not represented by a real estate broker and does not request that SELLER pay a commission.
BUYER's initials 7'*
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20. NOTICES
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All notices, documents, correspondence, and communications concerning this purchase and sale shall be
37 addressed as set forth below, or as hereafter designated by written notice, and shall be sent through the
United States mail, duly registered or certified with postage prepaid. Any such mailing shall be deemed
39 served or delivered twenty-four (24) hours after mailing. Notwithstanding the above, SELLER may also
provide notices, documents, correspondence, or such other communications to BUYER by personal delivery
41 or by regular mail and, so given, shall be deemed to have been given upon receipt.
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CEOICiry of SAIPwd\ase Agreement
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Page 5 of7
J~l'.2002
Fomsl Paul P-azt Pun:hasc Apa;mcm
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BUYER
SELLER
aITY OF SANTA ANA
Public Works Agency, M-36
P.O. Box 1988
Santa Ana, CA 92702
Attn: Souri Arnirani
COUNTY OF ORANGE
County Executive OfficelReal Estate
1300 S. Grand Avenue, Bldg A, 2nd Floor
Santa Ana, CA 92705
Attn: Manager
21. TIME (S)
Time is of the essence in the performance of BUYER's and SELLER's respective obligations contained in
13 this agreement. Failure to comply with any time requirement contained herein shall constitute a material
breach of this agreement.
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22. AMENDMENTS (S)
This agreement contains the sole and only agreement between BUYER and SELLER relating to the purchase
and sale of the property described herein. All negotiations and agreements between BUYER and SELLER
are merged into this agreement. Any oral representations or modifications are of no force or effect unless
contained in a subsequent instrument made in \\Titing by both BUYER and SELLER.
23. ATTACHMENTS (S)
This agreement includes the following, which are attached hereto and made a part hereof:
I. Exhibit A - Legal Description
II. Exhibit B - Location Map
III. Exhibit C - Preliminary Title Report
IV. Exhibit D - Grant Deed
CEO'Cln or S^''Putdwc A~
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.
...
.Y
5 APPROVED AS TO FORM
7 Office of County Counsel
Orange County, California
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By
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15 Date
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_.Y
RECOMMENDED FOR APPROVAL
25 County Executive Office/Real Estate
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/ I) /vI~--fL A tWl
/ ~~hk~ J':i{ObM't
I Clerk of the Board of Supervisors
491 CEOC.nO's...'Put<tw<~~~ange County, California
CE01'C'CEo..o2.oo2
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SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIR OF THE BOARD
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Page 7 of7
BUYER
CITY OF SANTA ANA, a charter city and
municipal corporation duly organized under the
Constitution an.d llaws ~tate of California
By {2UJ/2~
David N. Ream
Title Ci tv Hanaaer
ATTEST
Title Clerk of the Council
APPROVED AS TO FORM
Joseph W. Fletcher
City Attorney
SELLER
COUNTY OF ORANGE
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Chair;'Board of Supervisors
Januan I~. 2Or.1~
FOrrn:l Paul Par\. Purchase A~~mc"l
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EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT -OF - WAY DEDICATION
IN THE CITY OF SAAl'A AKA. COUNTY OF ORANGE, STATE OF CALIFOR..'NIA
AND BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 2,
TOWNSHIP 5 SOlJTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, PER
MAP RECORDED IN BOOK 51, PAGE 12 OF MlSCEllANEOUS MAPS IN THE
OffiCE OF THE COUNlY RECORDER OF SAID COUNTY, AS DESCRIBED IN
DEED TO THE NEVY'BERT PROTECTION DISTRICT, RECORDED OCTOBER 16,
1919 IN BOOK 339, PAGE 382 OF DEEDS IN TIlE OFFICE OF SAID COU!\TTY
RECORDER AND MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
BEGINN"1NG AT THE MOST NORTHEASTERLY CORNER OF LOT 38 OF TRA.CT
NO. 288i, COilloi'TY OF ORANGE, STATE OF CALIFORNIA. ON A MAl' FILED IN
BOOK 117, PAGES 28 THROUGH 30 INCLUSIVE, OF MISCELIA'\ffiOUS MAPS,
RECORDS OF ORANGE COUNlY, CALIFORNIA, SAID POINT AlSO BEING
CONCE~~?~C -\~, ..lH A.1\ID 50.00 FEET SOUTHERI,.Y OF THE CENTERLINE OF
THE 80.00 FOOT STRIP OF LAND DESCRIBED IN A DEED TO THE STATE OF
CALIFORNIA RECORDED W BOOK 839, PAGE 460 OF OFFICL>\L RECORDS IN
TIlE OFFICE OF THE COlli'TY RECORDER OF SAID COlThTI AND BEING A
POINT ON A CURVE, CONCA VB SOUTHERLY A.~ HA VlNG A RADIUS OF
1950.00 FEET, THE RADIAL TO SAID POTI\"T BEARS NORrrl 090 38' 32" EAST~
THENCE EASTERLY ALONG SAID 50.00 FEET CONCENTRIC CURVE
THROUGH A CEl'-t"TRAL ANGLE OF 100 25' 56", AND ARC DISTANCE OF 355.05
FEET; r.t:HNCE CONTINUING ALONG SAID 50.00 FEET PARALLEL LINE
SOL!H 690 55' 32" EAST A nISTA..'N"CE OF 8.32 FEET TO THE
NORTHWESTERLY LmE OF THE LAND DESCRIBED AS "PARCEL 1" IN THE .
DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED IN
BOOK 9034, PAGE 417 OF SAID OFFICIAL RECORDS~ THENCE LEAVING SAID
50.00 FEET PARALLEL LINE AND ALONG SAID NORTHWESTERLY LINE
SOUTH 26053' 03" WEST A DISTANCE OF 17.65 FEET; THENCE LEAVING SAID
NORTHWESTERLY LINE NORTH 710 10' 44" WEST A DISTANCE OF 21.51
FEET; THENCE NORTH 690 55' 32" WEST A DISTANCE OF 181.35 FEET TO A
TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADWS OF
867.00 FEET, THE RADIAL TO SAID POlNT BEARS NORTH 20004' 28" EAST;
THENCE NORTH\VESTERL Y ALONG SAID CURVE TRROUGH A CENTRAL
A-~GLE OF 100 23' 48", AN ARC DISTANCE OF 157.32 FEET TO TIIE P0Jll.47 OF
BEGll\TNING.
CONTAThTJ:NG 3,439 SQUARE FEET MORE OR LESS.
SEE EXHIBIT "A" ATTACHED HERETO, AND BY TIllS REFERENCE Su.
PART HEREOF. ~Q ~ \J. C t9~
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PREPARED BY:
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EXHIBIT "B"
RIGHT-OT-WAY DEDICATION
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. N8CE, Inc.
. 17501 E. 17th St., Suite 270
. Tustfn. California 92780
Tel: (714) 573-9999
Fax: (714) 573.;877
www.nbcelnc:.com
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Form No. 1068-1 (Rev. 10/17/92)
Exhibit A to Preliminary Report
OR-2120311
TITLE OFFICER - JEFFREY C. PASCHAL
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Preliminary
Report
First Americal1 Title I,1sura,tCe CompaltY
Exhibit C
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Preliminary Report
OR-2120311
TITLE OFFICER. JEFFREY C. PASCHAL
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First American Title Insurance Company
2 First American Way. Santa Ana, California 92707
(P.O. Box 267, Santa Ana, California 92702)
(7 (4) 800-3000
CITY OF SANTA ANA/DESIGN ENGINEER
20 CIVIC PLAZA
CITY HALL ROSS ANNEX M-36
SANTA ANA, CA 92701
ATT1'\: TAIG HIGGINS
YOUR NO. lOl.055-26
11' RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURA.-';CE. THIS COMPA:-<Y HEREBY REPORTS THAT IT
IS PREPARED TO ISSUE. OR CAUSE TO BE ISSUED. AS OF THE DATE HEREOF. A POLICY OR POLICIES OF TITLE lNSURANCE DESCRIBING THE
LAND A)\;D THE ESTATE OR Il'oiEREST THERElN HERElNAFTER SET FORTH. INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY
REASON OF ANY DEFECT. LIEN OR ENCUMBRANCE NOT SHO\\fN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM
COVERAGE PURSUANT TO THE PRINTED SCHEDULES. CONDITIONS Al'-.'D STlPULATIONS OF THE POLICY FORMS.
THE PRI:>;TED EXCEPTIONS Al'.'D EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A
ATTACHED COPIES OF THE POLICY FOR~IS SHOULD BE READ. THEY ARE A v AILABLE FRO.\! THE OFFICE WHICH ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR A.\,IEJ'o,DMENTS HERETO) IS ISSUED SOLEL Y FOR THE PL'RPOSE OF FACILITATING THE ISSUA;\:CE
OF A POLICY OF TITLE INSURA."iCE A)\;D NO LIABILITY IS ASSUMED HEREBY IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE
ISSUANCE OF" POLICY OF TITLE INSURANCE. A BINDER OR COMMITMENT SHOULD BE REQUESTED
PLEASE READ THE EXCEPTIO:\S SHOWN OR REFERRED TO BELOW A!\'D THE EXCEPTIONS A:\D
EXCLUSIONS SET FORTH 1:\ EXHIBIT A OF THIS REPORT CAREFCLL Y. THE EXCEPTIO:\S A:\D
EXCLUSIO:\S ARE MEA!'lT TO PROVIDE YOU WITH !'lOTICE OF i\IA TTERS WHICH ARE NOT COYERED
ll!\'DER THE TER\IS OF THE TITLE INSURANCE POLlCY A!'lD SHOl'LD BE CAREFULLY CONSIDERED.
IT IS I\IPORTANT TO NOTE THAT THIS PRELI:\lI:'\ARY REPORT IS !'lOT A WRITTEN REPRESENTATION AS
TO THE CONDITION OF TITLE A1\;D l\IA Y 1\;OT LIST ALL LlE1\;S, DEfECTS, AND E~CUi\IBRA.1\;CES
AFFECTI:\G TITLE TO THE LA:\D.
DATED AS OF JANUARY 18,2002 AT 730 A.M
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BY JEFFREY C PASCHAL. TITLE OFFICER
DIRECT TELEPHONE NUMBER. 71-1-800--1909
FA.' l"U~1BER. 71-1.800--H5I
THE FORM OF POLICY OF TITLE INSURANCE COSTEMPLA TED BY THIS REPORT IS
AMERICAN LAND TITLE ASSOCIATION OWl"ERS POLICY - WITH REGIONAL EXCEPTIO~S
(STAr\DARD COVERAGE).
Exhibit C
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OR-2120311
Preliminary Report
TITLE OFFICER. JEFFREY C. PASCHAL
TITLE TO SAID ESTATE OR 1l'.'TEREST AT THE DATE HEREOF IS VESTED tN:
ORA?-:GE COUNTY HARBORS, BEACHES AN1) PARKS DISTRICT, A BODY CORPORA. TE A~D POLITIC.
THE ESTATE OR I~TEREST IN THE LA~D HEREI:\'AFTER DESCRJBED OR REFERRED TO COVERED BY THIS REPORT IS:
AFEE.
AT THE D.'" TE HEREOF EXCEPTIOl"S TO CO\'ERAGE IN ADDITION TO THE PRP.-:TED EXCEPTIONS A~D EXCLUSIOSS CO>''TAI"ED IN SAID
POLICY FOR.\1 WOULD BE AS FOLLOWS:
1. GENERA.L AND SPECIAL TAXES FOR THE FISCAL YEAR 2002-2003, A LIE?\' NOT YET DUE OR
PAYABLE.
2. THE LIE?\' OF SUPPLD.fENTAL TAXES ASSESSED PURSUA1\T TO CHAPTER 3.5
CO::>'1~fE?\C~G WITH SECTIO~ 75 OF THE CALIFORJ.~IA RE\'E~ruE AND TAXATION CODE.
NOTE: ALTHOUGH THE ABOVE SUPPLEMENTAL TAXES MAY BE A LIEN, THE P.\STALLMENTS
THEREOF ARE NOT YET DUE OR PAYABLE.
, THE USE AND C00.'TROL OF CIENEGAS A1\'D NATUR.A.L STREAMS OF WATER, IF A':-\"I',
NA TURALL Y UPON, FLOWl?'G ACROSS, 11\'TO OR BY SAID DESCRIBED TRACT, AND THE RIGHT OF
WAY FOR*A!\1) TO CONSTRUCT IRRIGATIO~ OR DRAI0.'AGE DITCHES THROUGH SAID TRACT TO
IRRIGATE OR DRATh: THE ADJACENT LA1\'D.
4. AN EASEMENT FOR ROADS, RAILROADS A'!\D DITCHES, AS RESERVED IN THE
P.\STRUMENT ABOVE MENTIONED, OVER A STRIP OF LA);'D 30 FEET WIDE, ALONG, ADJOINI0.'G
AND EACH SIDE OF THE TO\V'NSHIP AND SECTION LP.\ES, A1\'D A STRIP OF LAND 20 FEET WIDE,
ALONG, ADJOE\ING AND EACH SIDE OF THE QUARTER SECTIOI\" LD\ES.
5. THE EFFECT OF A MAP PURPORTL\'G TO SHOW THE HEREIN DESCRIBED Ai'iD OTHER LA1\'D
RECORDED IN BOOK IS, PAGES 40 AND 41 OF RECORD OF SURVEYS.
,.
6. THE TE&\1S, PROVISIONS AND CONDITIONS CONT AI?\ED N A DOCUMENT E1\TITLED
"MEMORANDUM OF OPTIO;"'; AGREEMENT", EXECUTED BY AND BETWEEN THE COUNTY OF
ORANGE, A POLITICAL SUBDIVISION OF THE STATE OF CALIFOR!\"IA AND FARHAT KHAN,
RECORDED NOVD.1BER 3, 1995 AS INSTRUME1\T 1\0. 19950492290 OF OFFICIAL RECORDS.
7. THE EFFECT OF A MAP PURPORTING TO SHOW THE HEREIN DESCRIBED AND OTHER LAl'-.'D
RECORDED IN BOOK 174, PAGES 22 TO 28 OF RECORD OF SURVEYS.
NOTE: AN INSTRUMENT ENTITLED "RECORD OF SURVEY CERTIFICATE OF CORRECTION"
RECORDED AUGUST 11,1999 AS I:\'STRUME1\T NO. 19990586494 OF OFFICIAL RECORDS; REFERENCE
BEING ,,'fADE TO THE RECORD THEREOF FOR FULL PARTICULARS.
S. RIGHTS OF PARTIES I?\' POSSESSIO;'; OF THE LAND BY REASON OF UNRECORDED LEASES,
IF ANY.
Exhibit C
PAGE 2
.
OR-2120311
TITLE OFFICER. JEFFREY C. PASCHAL
.
Preliminary Report
DESCRIPTIO);
THE LA!':D REFERRED TO HEREIN IS SITUATED IN THE STATE OF CAUFORl'iIA, COlJ1'\TY OF ORANGE, CITY OF
SAKT A ANA, AND IS DESCRlBED AS FOLLOWS:
THAT PORTIO~ OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 10
WEST, N THE RANCHO LAS BOLSAS, PER MAP RECORDED IN BOOK 51, PAGE 12 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS
DESCRIBED IN DEED TO THE NEWBERT PROTECTION DISTRICT, RECORDED OCTOBER 16, 1919 IN
BOOK 339, PAGE 382 OF DEEDS, IN THE OFFICE OF SAID COUNTY RECORDER, A~ro MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGI~'XrxG AT THE MOST NORTHEASTERLY CORL'\'ER OF LOT 38 OF TRACT NO. 2887, COUNTY OF
OR.A.NGE, STATE OF CALIFORNIA, ON A MAP FILED IN BOOK 117, PAGES'28 THROUGH 30
INCL USIVE OF MISCELLANEOUS MAPS, RECORDS OF OR.A.NGE COUNTY, CALIFORXIA, SAID POINT
ALSO BEING CONCENTRIC WITH A>.'D 50.00 FEET SOUTHERLY OF THE CENTERLI);E OF THE 80.00
FOOT STRIP OF LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK
839, PAGE 460 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COLT;\TY RECORDER OF SAID
COUNTY AND BEL\'G A POINT ON A CURVE, CONCAVE SOUTHERLY AND HAVING A R.A.DIUS OF
1950.00 FEET, THE RADIAL TO SAID POINT BEARS NORTH 09038'32" EAST; THENCE EASTERLY
ALONG SAID 50.00 FEET CONCENTRIC CURVE THROUGH A CENTRAL ANGLE OF 10025'56", AN ARC
DISTANCE OF 355.05 FEET; THENCE COr\'TP.-.TlJING ALOr\'G SAID 50.00 FEET PARALLEL LINE SOUTH
69055'32" EAST A DISTANCE OF 8.32 FEET TO THE !\'ORTHWESTERL Y LINE OF THE LAND
DESCRIBED AS "PARCEL 1" L\' THE DEED TO THE ORA.NGE COUNTY FLOOD CONTROL DISTRICT
RECORDEp IN BOOK 9034, PAGE 417 OF SAID OFFICIAL RECORDS; THENCE LEAVING SAID 50.00
FEET PARALLEL LINE A~ro ALONG SAID NORTHWESTERLY LINE SOUTH 26053'03" WEST A
DISTANCE OF 17.65 FEET; THENCE LEA VI);G SAID NORTHWESTERLY LINE NORTH 71 010'44" WEST A
DISTANCE OF 21.51 FEET; THENCE NORTH 69055'32" WEST A DISTANCE OF 181.35 FEET TO A
TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A R.A.DIUS OF 867.00 FEET, THE R.A.DIAL
TO SAID POI);T BEARS NORTH 20004'28" EAST; THEl\CE NORTH\VESTERL Y ALO:'>iG SAID CURVE
THROUGH A CENTR.A.L ANGLE OF 10023'48", AN ARC DISTANCE OF 157.32 FEET TO THE POINT OF
BEGIT\1\f:\:G.
Exhibit c
PAGE3
.
Preliminary Report
OR-2120311
TITLE OFFICER. JEFFREY C. PASCHAL
.
* * * * * * * *
\" ARNING
. .
"THE MAP ATTACHED HERETO MAYOR MAY !\OT BE A SURVEY OF THE LA~D
DEPICTED THEREOK. YOU SHOULD !\OT RELY UPO:--; IT FOR ANY PURPOSE OTHER
THAN ORIENTATION TO THE GE!\ER.~L LOCATIO~ OF THE PARCEL OR PARCELS
DEPICTED. FIRST AMERICA~ EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED
LOSS OR DAMAGE WHICH MA Y RESULT FROM RELIANCE UPON THIS MAP".
MS
PLA TS (CC&R'S, IF A?-\r") ENCLOSED.
NOTE 1: ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CO?-.'VEYING THE
PROPERTY IN THIS REPORT WITHIN A PERIOD OF SIX MONTHS PRIOR TO THE DATE OF THIS
REPORT, EXCEPT AS FOLLOWS;
KONE.
NOTE 2: 1AA.XES FOR PRORA nON FISCAL YEAR 2001-2002,
FIRST HALF: $271.87, PAID.
SECO~D HALF: 5271.87, PAID.
CODE AREA: 11066.
A. P. NO.: 101-055-16.
KOTE 3: PREMIUM CHARGED FOR TITLE POLICY WILL BE SHORT TERM.
KOTE 4: WIRING INSTRUCTIONS FOR SUB-ESCROW DEPOSITS ARE AS FOLLOWS:
FIRST AMERICAN TRUST COMPA1\Y ACCOUNT #15040
114 E. FIFTH STREET ACCOU1\T NAME:
SA1\TA ANA, CA 92701
ABA #122241255
FIRST AMERICAN
TITLE COMPANY
CREDIT TO FIRST AMERlCAN TITLE CO~IPANY
OR-2120311
TITLE OFFICER - JEFFERY C. PASCHAL
DISREGARD IF FIRST A\1ERICA~ IS YOUR ESCROW SETTLEMENT AGENT __
CO:\'T ACT ESCROW OFFICER FOR WIRIi"G INSTRUCTIONS
Exhibit C
PAGE4
.
.
OR-2120311
Preliminary Repor1
TITLE OFFICER - JEFFREY C. PASCHAL
PRIVACY POLICY
WE ARE CO:\I.\IITTED TO SAFEGL-\RDI='G CVSTOMER I='FOR.\1.-\TlO~
IN ORDER TO BETTER SERVE YOUR !\EEDS !\OW AND IN THE FUTURE, \VE MAY ASK YOU TO PROVIDE US WITH CERTAIN
[NFORMATION. WE UNDERSTA~D THAT YOU MAY BE CONCER.,ED ABOUT WHAT WE WILL DO WITH SUCH
Ii\lFORMA TION-PARTICULARL Y ANY PERSONAL OR FI~ANClAL INFOR.\IA TIOl". WE AGREE THAT YOU HAVE A RIGHT TO
KSOW HOW WE WILL UTILIZE THE PERSOl'\AL INFOR.\IATIOS YOU PROVIDE TO US. THEREFORE, TOGETHER WITH OUR
PARENT CO\IPANY, THE FIRST A\IERICAN CORPORATION, WE HAVE ADOPTED THIS PRIVACY POLICY TO GOVERN THE
USE AND HASDLlNG OF YOUR PERSONAL INFOR\IATION. .
APPLICABILITY
THIS PRIVACY POLICY GOVERJ'<S OUR USE TO THE INFOR:\1A TION WHICH YOU PROVIDE TO US. IT DOES NOT GOVERJ'l THE
MANNER IN WHICH WE MA Y USE INFORMATION WE HAVE OBTAINED FROM ANY OTHER SOURCE, SUCH AS INFORJ\IATION
OBTAINED FROM A PUBLIC RECORD OR FROM ANOTHER PERSON OR ENTITY. FIRST AMERICAN HAS ALSO ADOPTED
BROADER GUIDELINES THAT GOVER~ OUR USE OF PERSONAL INFOR:\IATION REGARDLESS OF: ITS SOURCE. FIRST
AMERICAN CAllS THESE GUIDEllNES ITS FAIR INFORMATION ~:4LL'ES, A COpy OF WHICH CAN BE FOlJ!\D ON OUR
WEBSITE AT WWW.FIRSTAM.COM
TYPES OF 11\"FORMA TIOl\
DEPENDI:\G UPO~ WHICH OF OUR SERVICES YOU ARE UTILIZING, THE TYPES Of NONPUBllC PERSONAL INFOR:>'lA TION
THA T WE MA Y COLLECT INCLUDE:
INFOR.\lATION WE RECEIVED FRO\! YOU ON APPllCATlOl\'S, FORMS AND IN OTHER CO\!\!UNICATIONS TO US,
\VHETHER I~ WRITING. IN PERSON, BY TELEPHONE OR ANY OTHER MEANS;
INFORMATION ABOUT YOUR TR.A.NSACTIONS WITH US, OUR AfFIllA TED COMPANIES, OR OTHERS; AND
Il\FOR:-'IA TIO!\ WE RECEIVE FRO\I A CONSUMER REPORTING AGENCY.
.
USE OF INFOR:\JA TlO~
WE REQUEST Il\FORMA TIO'" FROM YOL' FOR OUR 0\"'1' LEGITIMATE BUSI:-':ESS PURPOSES A:-:D 1'0T FOR THE BESEFIT OF
ASY NONAFFILIATED PARTY. THEREFORE, WE WILL :-:OT RELEASE YOUR INFOR~lATIO:-: TO NONAFFILIATED PARTIES
EXCEPT: (I) AS l\ECESSARY FOR US TO PROVIDE THE PRODUCT OR SERVICE YOU HAVE REQUESTED OF US; OR (2) AS
PER~llTTED BY LAW. WE f>!A Y, HOWEVER, STORE SUCH INFORMATION INDEFINITELY, I:-:ClUDING THE PERIOD AFTER
WHICH A"Y CUSTO:-'IER RELA TIOl\SHIP HAS CEASED. SUCH INFOR.\lA TIO:-': /0.1.-\ Y BE USED FOR ANY INTERl\AL PURPOSE.
Sl'CH AS QUALITY CONTROL EFFORTS OR CUSTO\IER A!\AL YS1S. WE MAY ALSO PROVIDE ALL OF THE TYPES Of
1'0NPUBLlC PERSONAL (:-:FORMATION LISTED ABOVE TO ONE OR MORE OF OUR AFFILIATED COMPANIES. SUCH
AFFILIATED CQ:-.tPANIES INCLUDE FI:-:ANCIAL SERVICE PROVIDERS, SUCH AS TITLE INSURERS, PROPERTY AND
CASUALTY INSURERS, AND TRUST At-.: 0 I:-:VESTMENT ADVISORY COMPANIES, OR COMPA:-:IES INVOLVED IN REAL ESTATE
SERVICES, SUCH AS APPRAISAL CO\IPANIES, HOME WARRANTY COMPANIES, AND ESCROW COl\IPANIES. FURTHER.\IORE,
WE 1\IA Y ALSO PROVIDE ALL THE INFORl\lA TIO'" WE COLLECT, AS DESCRIBED ABOVE, TO CO:VIPANIES THAT PERFOR.I"t
MARKETING SERVICES 0:-: OUR BEHALF. 0]'; BEHALF OF OUR AFfiLIATED COMPAl\IES, OR TO OTHER FINANCIAL
I:-':STITlTIONS WITH WHOM WE OR OUR AFFILlA TED CO[l.[PANIES HA VE JOINT MARKETING AGREEMENTS.
FORl\IER CUSTO:\IERS
EVEN IF YOU ARE NO LONGER OUR CUSTO\IER, OUR PRIVACY POLICY WILL CONTINUE TO APPL Y TO YOU.
CO:\'FIDENTlALlTY AND SECURITY
WE WILL USE OUR BEST EFFORTS TO ENSURE THAT NO UNAUTHORIZED PARTIES HAVE ACCESS TO A:-:Y OF YOUR
INFOR\L\ TION. WE RESTRICT ACCESS TO /,\ONPUBLlC PERSONAL I!\FOR.\IA TIOS ABOUT YOU TO THOSE l:-:DIVIDUALS
A:-:D ENTITIES WHO !\EED TO K1\;O\\' THAT 1:-: FO Rr--.lA TION TO PROVIDE PRODUCTS OR SERVICES TO YOU. WE WILL USE
OUR BEST EFFORTS TO TRAIN AND O\'ERSEE OUR E[I.!PLOYEES Al\D AGENTS TO El\SURE THA T YOUR INfOR.\IA TIOl' WILL
BE HA'\;DlED RESPONSl8l Y A1\D IN ACCORD-\)\;CE WITH THIS PRIVACY POLICY Al\D FIRST AMERICAN'S FAIR
':\FOR,\I,.j TlO:\' VALUES. WE CURRE!\TL Y MAINTAl!'\ PHYSICAL, ELECTRONIC, AND PROCEDURAL SAFEGUARDS THAT
COMPL Y WITH FEDER..\L REGULATIONS TO GUARD YOUR /,:ONPUBlIC PERSO!\AL INfORMATION.
Exhibit C
PAGES
.
OR-2120311
TITLE OFFICER - JEFFREY C. PASCHAL
.
Preliminary Report
NOTICE
SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE. EFFECTIVE JANUARY I. 1990. REQUIRES THAT ANY TITLE
[NSURANCE COMPA:-lY. UNDERWRITTE:-l TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN
ESCROW OR SUB-ESCROW CAPACITY. WA[T A SPEC[FIED NUMBER OF DAYS AFT.ER DEPOSlTlNG FUNDS. BEFORE
RECORDING ANY DOCUMEJ\;TS IN CONNECTION WITH THE TRANSACTION OR D[SBURSING FUNDS. THIS STATUTE ALLOWS
FOR FU!':DS DEPOSITED BY WIRE TRANSFER TO BE D[SBURSED THE SAME DAY AS DEPOSIT. IN THE CASE OF CASHIER'S
CHECKS OR CERTIF[ED CHECKS. FU1\DS MA Y BE DISBURSED THE 1\EXT DAY AFTER DEPOSIT. IN ORDER TO A VOID
U!':NECESSARY DELAYS OF THREE TO SEVEN DAYS. OR MORE. PLEASE USE WIRE TRANSFER. CASHIER'S CHECKS. OR
CERTIFIED CHECKS WHENEVER POSSIBLE.
IF YOL' HAVE ANY Ql.iESTlOi\S ABon THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST A!\[ERICAN
OFFICE FOR MORE DETAILS.
.............
NOTICE
IN ACCORDANCE WITH SECTIO:--;S 18662 AND 18668 OF THE REVENUE A:-:D TAXATION CODE. A BL:YER MAYBE REQUIRED
TO WITHHOLD AN AMOUf'.:T EQUAL TO THREE AND ONE.THIRD PERCEJ-;T OF THE SALES PRICE IN THE CASE OF THE
DISPOSITION OF CALIFORNIA RE.-\L PROPERTY If'.:TEREST BY EITHER:
I. A SELLER WHO IS AN I!'iDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR
WHEN THE DISBURSEME",T INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMED[ARY
OF THE SELLER. OR
2. A CORPORATE SELLER WHICH HAS NO PERMANE1\'T PLACE OF BUSfNESS IN CALIFORNIA.
· THE BUYER MAY BECO~'IE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD AN A~tOUr--.1 EQUAL TO THE
GREA TER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS (S500).
HOWEVER. !':OTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALlFORNL-\ STATUTES REFERENCED
...BOVE. NO BUYER WILL BE REQUIRED TO WITHHOLD ANY A!\IOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO
WITHHOLD IF:
I THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CO:-.<VEYED DOES NOT EXCEED Ol'>E HUl"DRED
THOLJSAl"D DOLLARS (5100.0001. OR
2. THE SELLER EXECUTES A WRITTEN CERTIFICATE. Ul"DER THE PE!':ALTY OF PERJURY. CERTIFY[NG THAT THE
SELLER IS A RESIDE"T OF CALIFORNIA. OR IF A CORPORATION. HAS A PERMANENT PLACE OF BUSINESS IN
CALlFOR:-'<IA, OR
3 THE SELLER. WHO IS A:"oi ISDIVIDUAL. EXECUTES A WRITTEN CERTIFICATE. UNDER THE PENALTY OF
PERJURY. THAT THE CALlFORNl-\ REAL PROPERTY BEI!':G CONVEYED IS THE SELLER'S PRI:-jOPAL RESIDENCE (AS
DEFINED IN SECTION 1034 OF THE INTER:\AL REVENUE CODE).
THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF
A VOJDL-;G THE WITHHOLDING REQUIREMENT.
THE CALIFORNIA STATUTES REFERENCED ABOVE I:\CLUDE PROVISIO,-;S WHICH AUTHORIZE THE FRAr-;CH1SE TAX
BOARD TO GRANT REDUCED WITHHOLDI:-IG AND WAIVERS FRO~[ WITHHOLDI:\G 0:'\ A CASE.BY-CASE BASIS.
THE P.-'..RTJES TO THIS TRA:-iSACTlON SHOl!LD SEEK A.'i ATTOR.'iEY'S, ACCOUNTA:\'T'S, OR OTHER TAX
SPECIALlST'S OPINION CONCERNl:-iC THE EFFECT OF THIS LAW ON THIS TR..\.'iSACTlO:-'< Al'\D SHOULD 1'\OT ACT
0:-'< A~T STATBIE:-iTS !\J..WE OR D:\I1TTED BY THE ESCROW OR CLOSJ:-iC OFF1CER.
Exhibit C
PAGE 6
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EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Typel
e
e
1. CALIFORNIA LAND TiTlE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Tnis poli:;y do~s not insure against IOS3 or damage (and the Company will not pay cOSts. attorneys' fees or expe"sesl which arise by reason of:
,. Taxes or assessments which are not shown as existing lie"s by the records of any taxing authority that le'lies taxes or assessments on real property or by the
public records. Proceedings by a public agency whicr. may result in taxes or assessments. or notice of SuCh proceedings. whether or not shown by the records
of such agency or by the public records.
2. Any facts. rights. interests or claims whiCh are not shown by the pubJic records but which could be ascertained by an inspection of the land Or which may be
asserted by persons in possession thereof.
3. Easements. liens or encumbrances. or claims thereof. which are not shown by the public records.
4. Discrepa:1cies. conflicts in boundary lines. shortage i:1 area. encroachments, or any other facts which. a coerect survey would disclos~. and which are nct
shown by the public records.
5. (ai Unpatented mining Claims; lb) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights. claims or title to water.
wheth~r or not the matt~rs excepted under (a). (b). or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
Tne following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, COSts, attorneys' fees or expenses
which arise by reason of:
1. (a) Any law. ordinance or governmental regulation (including t<.;t nOt limited to building and zoning laws, ordinances. or regulations) restricting. regulatln~,
prohibiting or relating to Ii! the occupancy, use, or enjoyment of the land; (ii) the character, dimensions Or location of any improvement now or hereafter
erected on the land, {iiii 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 ('v)
e"vironr:1entai protection. or tr,e 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 eClcumbrance reSUlting from a violarion or alleged violarion affectll19 the land has been recorded in the
public records at Dare of Policy.
(bl Any governmental police power not excluded by (al above. except to the extent that a notice of the exercise thereof or a notice of a defect. lien C'
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the publiC records at Date of PoliCY, but not excluding from coverage any
taking which has occurred prior to Date of Policy whiCh would be binding on the rights of a purChaser for value without knowledge.
3. Defects, liens, encumbraClces. adverse claims,or other matrers:
la: ",'lether or not reco.cad in t",e pubi;c records at Dare of POliCY. but created, suffered, assumed Or agreed ro by the insured claimant;
I::J) nc: .nO'Nn :~ t:oe :er-:2"'r, no: 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 insure: claiMan: pr:or to the date the insured claimant became an insured under this policy;
(c) resultin: In no loss or damage to the insured Claimant;
(dl a:tachi':;g or created subsequent to Date of PoliCY; or
leJ resulting in loss or damage which would nor have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or inreres:
Insured by thiS polilty.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any
subsequenr owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is siruated.
5. Invalidity or unenforceabilit\, of the lien of tne insured mortgage, or claim thereof, whie!, arises our of the transaction evideneed by the insured mortgage cr,d
is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim. which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of :ne
insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
, . Any law. ordinance or governmental regulation (including but nOt limited to building and zoning ordinances) restricting or regulating or prohibiting t>"e
occupancy, use or enJoyment of the land, or regulating the character. dimensions or location of any improvement now or hereafter erected on the land, 0'
prohibiting a separar,on In ownership or a reduction In the dimenSions of area of the land, or the eftect of any violation of any such Jaw. ordinane;; cr
governmental regulation.
2". RightS of eminent domain or governmental rights of police power unless notIce of the exercise of such rights appears in the public records at Date of Po/icy.
3. -' Defects, 'lens, encumbrances, adverse claims, or other matters (aJ created, suffered, assumed or agreed to by the insured claimant; (bl not known to tne
Company and not shown by the publiC records but known to the insured claimant either at Date of PoiJcy or at the date such claimant acquired an estate or
interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured
hereunder; (cl resulting In no loss or damage to the insured claimant; (d) 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 estate or interest insured by this pOlicy.
3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Pelicy a"d nct as an Extended Coverage Policy the exclusions set forth In paragrJ~~
2 above a"~ us~d and the fOllowing exceptions ro coverage appear in the poliCy.
SCHEDULE B
This policy does not Insure against loss or damage by reason of the matters shown In parrs one and twO follOWIng:
Part One'
Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or bl' The
publIC records.
2. Any facts, rIghts. interests, or claims whiCh are not shown by the public records but which could be ascertained by an inspection of said land or by ma.,ng
Inquiry of persons In possession thereat.
3 Easements, claims of easement or enCumbrances which are not shown by the publiC records.
4. Discrepancies. conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. and which are no:
shown by publiC records.
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authoriZing the issuance thereat; water righrs, claims or title to water.
6. Any lien, or right to a lien. for services. labor or marerial heretofore or hereafter furnished, imposed by law and not !.hown by the public records.
Exhibit C
4. A&AN LAND TITLE ASSOCIATION LOAN Poa . 1970
WITH A.loT.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the
occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land. or
prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or
governmental regulation.
2. RightS of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of POliCY.
3 Defo;cts. liens. encumbrances, adverse claims. or other matters (a) created, suffered. assumed or agreed to by the insured claimant; (b) nOt known to the
Company and not shown by the public records but known to the insured claimant either at Date of PoliCY or at the date such claimant acquired an estate Or
interest insured by this policy or acquired the insured mortgage and not eisclosed in writing by the insured claimant to the Company prior to the date Such
insured claimant becamo; an insured hereunder; (c) resulting in no loss or damage to the insured claimarn; (dl attaching or created subsequent to Date of POliCY
(except to the extent insurance is afforded to,erein as to any statutcr'{ lien for labor or material or to thO' extent insurance is afforded herein as to assessments
tor street improvements under construction or completed at Date of Policy!.
4. Unenforceability ot the hen of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to
comply with applicable "doing business' laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders POlicy is usee as a Standard Coverage PoliCy and not as an Extended Coverage Policy. the exclusions set forth in
paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
ThiS policy does not Insure agairlst loss or damage by reason of the matters shown in parts one and two tollowing:
Part One'
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
publiC records.
2. Any faCts. nghts. interests. or claims which are not shown by the public records but which could be ascertained by arl inspection of said land or by making
inquiry of persons in posseSSion thereof.
3. Easements. claims of easement Or encumbrances which are not shown by the public records.
4. Discrepancies. conflicts in bouncary lines. shortage in area, encroachments, or any cther tacts which a correct survey would disclose. and whiCh are no:
shown by public records.
5. Unpatented mining Claims; reservations or exceptions in patents or in Acts authorizing the issuance thereol; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished. imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.loT.A. ENL)ORSEMa~1 F::JRM i COV::RAG=
EXCLUSIONS FROM COVERAGE
The followmg matters a'e eX;lressly 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. (al Any law. ordinance or governmental regulation (including but not limited to building and zoning laws. ordinances. or regulations I restricting, regulating.
prohibiting or relating to (i) the occupancy, use. or enjoyment of the land; (ii) the character. dimensions or location of any improvement now or hereafter
erected on the land. (iii! a separation in ownership or a change in the dimensions or area cf the land or any parcel of which the lar.d is or was a par:; or li'JI
environmental protection, or the e'lect 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 trom a viola:ion or alleged violation affectlOg the land has been recorded in the
public recoras at Date of Policy.
(bl Any governmental police power not excluded by lal above. except to the extent that a notice of the exercise thereof or a notice of a defecl. lien or
encumbrar',ce resulting from a violation or alleged violation affecting the land has been recorded in the publiC records at Date of Policy.
2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the publiC records at Date of Policy, but not excluding trom coverage an','
taking which has occurred prior to the 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:
(al created, suffered. assumed Or agreed to by the Insured claimant;
(bJ 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 msured claimant prior to the date the insured claimant became an insured under this pOlicy;
Ici resulting in no loss or damage to the insured claimant;
':ldJ attaching or created subsequent to Date of PoliCY (except to the extent that this pOlicy insures the priority of the lien of the insured mortgage over an',
statutory hen tor services. labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or
completed at date of pohcy); or
Ie) resulting in loss or damage which It,'ould nor have bo;en sustained if the insured claimant had paid value for the insured mortgage.
4. Unentorceability of the lien of the insured mortgage because of the Inability or failure of the insured at Date of Policy. or the inability or failure of any
subsequent owner of the indebtedness. to comply with the applicable "doing business. laws of the state in which the land is Situated.
5. Invalidity or unenforceability of the lien of the insured mClrtgage. or claim thereof. which arises Out of the transaction evidenced by the insured mortgage and
IS basad upon usury or any consumer credit protection or truth In lending law.
6 Any statutory lien for services, labor or materials (or the claIm of priority of any statutory lien for services. labor Or materials over the lien of the insurec
mortgage) a"slng from an improvement or work related to the land which is contracted for and commenced subsequent to Date of PoliCY and is not financed
in ....nole or in part b., proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to
advance:.
7 Anv claim. which ariso;s out of the transaction creating the interest ot the mortgagee insured by this policy, by reason of the operation of federal bankruptc'.
state insolvency, or Similar creditors' fights laws. thar is based on:
Iii the transaction creating the Interest of tne Insured mOrtgagee being deemed a fraudulent conveyance or fraudulent transfer. or
1"1 the subordination at tne mterest of the insured mOrtgagee as a result of the applica:lon of the doctrine of equitable subordination; or
(i,,! tne transaction creat,r.g the interest of the msured mortgagee being deemed a pre/erential transfer except where the preferential transfer results tram the
tad'Jre.
(al to timely record the instrument of transfer; or
(bJ of such recordation to Impart notice to a purChaser for value or a judgment or lien creditOr.
7. AMERICAN LAND TITLE ASSOCIA TJON LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS
When the Amencan Land Title Association pOliCY is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set torth in paragraph
6 above are used and rhe lollowing exceptIons to coverage appear in the poltcy.
Exhibit C
e
SCHEDULE B
e
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 tha.t levies taxes or assessments on real property or by the
public records.
2. Any facts, rights, jnterests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making
inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances whiCh are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not
shown by public records.
5 Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. t..ny lien, or rig~.t to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY. 1992
EXCLUSIONS FROM COVERAGE
{cl
(dl
Ie)
4.
The following matters are expressly excluded from the coverage of this pOlicy and the Company will not pay loss or damage, COSts, attorneys' fees or expenses
which artse by reason of:
1. la) Any law, ordinance or governmental regulation (including but nOt limited to building and zoning laws, ordinances, or regulations) restricting, regulating.
prohibiting or relating to (il the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now Of hereafter
erected on the land, liil) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, Jien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental pOlice power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of POliCY.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
Defects, liens, encumbrances, adverse claims, or other matters:
created, suffered, assumed or agreed to by the insured claimant;
not known to the Company. not recorded in t~,e public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date the insured claimant became an insured under this pOlicy;
resulting in no loss or damage to the insured Claimant;
attaching or created subsequent to Date of POlicy; or
resulting in loss or damage which would not have been sustained if the insured claimant had paid value f:)r the estate or interest insured by this policy.
Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this pOlicy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this pelicy being deemed a fraudulent conveyance or fraudulent transfer; Or
Ii,) the transactIon creating the estate or interest i..1s..;red Dr this pC/joy being deemed a preferential transfer except where the preferential transfer results from the
faiiure.
(a) to timely record the instrument of transfer; or
lb) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
2
3.
lal
(bl
9. A~ERICAN LAND TITLE ASSOCIATION OWNER'S POLICY. 1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association poliCY is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph
e above are used and the foHowing exceptions to coverage appear in the policy.
SCHEOULE B
ThIS pOlicy does nOt insure against loss or damage land the Company wiH not pay costs, attorneys' fees or expenses) which arise by reason of;
Part One.
, . T axes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
puOlic records
2. Any facts. rights. interests, Or claims whiCh are not shown by the public records but which could be ascertained by an inspection 0' said land or by making
Inquiry of persons in possessIon thereof.
3 Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary l,nes, Shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not
shown by public records.
5.. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
e. " Any lien, or right to a lien, for services. labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B. yOU are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental pOlice power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws
and regulations concerning
. land use . land diVIsion
. improvements on the land . envIronmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
ThiS exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The nght to take the land by condemning it, unless:
a notice of exerc,slng the right appears In the publiC records on the Policy Date
tne taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. T,tle R,sks:
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 'liS: affect your t,tle after the PoliCy Date - this does not limit the labor and material lien coverage in Item 8 of Covered T,tle 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.
Exh;hit ~
Form No 1491.EAGLE (10/98)
Addenoum to Exhibit A
.
.
ADDENDUM TO EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
11. EAGLE PROTECTION OWNER'S POLICY
CL T A HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
Covered Risks 14 (Subdivision Law Violationl, 15 (Building Permit!. 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are
Subject to Deductible Amounts and Maximum Dollar Limits of Liability
EXCLUSIONS
In addition to the Exceptions in Schedule 8. you are not insured against loss. COSts. allorneys' fees, and expenses resulting from:
1. Governmental pOlice power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning:
a. building
b zoning
c. land use
d. improvements on the land
e. land division
f. environmental protection
This Exclusion does not apply to violations or the enforcemem of these maners if notice of the violation or enforcement appears in the Public Records at the
Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15. 16, 17 or 24.
2. The failure of Your existing structures. or any part of them. to be constructed in accordance with applicable building codes. This Exclusion does not appl, .~
violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, ellowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date. but not to Us. unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that fltst occur after the Policy Date - this does not limit the co,'erage described in COvered Risk 7. 8.d, 22,23.24 or 25.
5. Failure to pay value for Your Title.
e. Lack of a rignt:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets. alleys. or waterways that touch the Land
This Exclusion does not limit the coverage described in Covered Risk 1 1 or 18.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following mallers are expressly excluded from the coverage of [his pOlicy and the Company will not pay loss or damage. costs. allorneys' fees or expenses
1f:hlch arise by reason of:
1. lal Any. law. ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating.
prOhibiting or relating to (il the occupancy. use. or enjoyment of the Land; (iil the character. dimensions or Jocation of any improvement now or hereafre'
erected on the Land; liii) 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 (Ivl
envltonmental protection. or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of tne
enforcement thereof or a notice of a de/ecl. lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in Public
Records at Date of Policy. This exclusion does not limit the coverage provided under Insuring provisions 14.15. 1e and 24 of this pOlicy.
(bl 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 defecl. lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion dO"5
not limit the coverage provided under insuring provisions 1 4. 15, 16 and 24 of this pOlicy.
2 Rights of eminenr domain unless notice of the exercise thereof has been recorded in the Public Records a: Date of Policy, but nOt excluding from coverage an,
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 mallers:
1al created. suffered. assumed or agreed to by the Insured Claimant;
Ibl 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 rht
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under tn,s pOlicy;
Icl resulting In no loss or damage to the Insured Claimant;
(dl all aching or created subsequent to Date 0/ POlicy (this paragraph (dl does not limit the coverage provided under insuring provisions 7. 8. 16, 17, 19. 20. 21.
23. 24 and 25); or
(el resulting In loss or damage which would nor have been sustained if the Insured Claimant hac paid value for the Insured Mortgage.
4 Unenforceability of the lien of the Insured Mortgage because 01 the inability or failure 0/ the Insured at Date of Policy, or the inability or failure of any subsequent
owner of tne indebtedness. to comply with applicable doing business laws of the state in which the Land is situated.
F ""h"
.)( ,;.!t
r'
5. . ;~vali~ity '~r unenforceability of the lien of th.red Mortgage, or claim thereof, which arises out of theSaction evidenced by the Insured '~o~gage and is
based upon:
fa) usury, except as provided under insuring provision 10 of this policy; or
(b) any consumer credit protection or truth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become a lien on the land subsequent to Date of Policy.
7. Any claim, which arises Out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency. or similar creditors' rights laws. that is based on:
(al the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
Ic) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the
failure,
(il to timely record the instrument of transfer; or
(iil of such recordation of impart notice to a purchaser for value or a judgment or lien creditor.
8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has
Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the
coverage provided under insuring provision 7. .
9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy. and all interest charged thereon. over liens,
encumbrances and other malters affecting title. the existence of which are Known to the Insured at:
(a) The time of the advance; or
lb) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged. if the rate of interest is greater as a result
of the modification than it would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
SCHEDULE B
This pOlicy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expensesl which arise by reason of:
1. Environmental protection liens provided for by the following existing statutes. which liens will have priority over the lien of the Insured Mortgage when the'l
arise: NONE.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land.Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Poky
the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy:
SCHEDULE B
This policy does not insure against loss or damage land the Company will not pay costs. attorneys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by :he
public records.
2. Any facts. rights. interests. or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by makl~g
inquiry of persons in possession thereof.
3. Easements. claims of easement or encumbrances whiCh are not shown by the public records.
4. Discrepancies. conflicts in boundary lines, shortage in area, encroachments. or any other facts which a correct survey would disclose, and which are not Shown
by public records.
5. Unpatented mining claims: reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights. claims or title to water.
6~_: Any lien. or fight to a lien, for services. labor or material theretofore or hereafter furnished. imposed by law and not sho"";n by the public records.
Part Two:
1. Environmental protection liens provided for by the fallowing existing statutes. which liens will have priority over the lien of the Insured Mortgage when the',
aflse: NONE.
FYh;hif ~
."'.
e-.
RECORDED AT REQUEST OF
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Public Works Agency M-36
P.O. Box 1988
Santa Ana. CA 92702
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
THIS IS TO CERTIFY THAT THIS DOCUMENT IS
PRESENTED FOR RECORD BY CEO/REAL
ESTATE UNDER GOVT. CODE 6103 AND IS ALSO
EXEMPT FROM PAYMENT OF DOCUMENTARY
TRAN~
By:
CEO/REAL ESTATE
A.P. NO. 10]-055-]6
Incorporated. City of Santa Ana
Project/Parcel No: CEO/PC/CEO-02-002
Project: Forrest Paul Park Parcel
GRANT DEED
FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged.
COUNTY OF ORANGE
a political subdivision of the State of California,
do(es) hereby GRANT to the CITY OF SANTA ANA, a charter city and municipal corporation
duly organized under the Constitution and laws of the State of California, the real property in the
County of Orange. State of California. described as:
(See Page 2 for legal description attached hereto and made apart hereof)
Title to said property shall be subject to the exceptions stated in a Preliminary Title Report dated
January 18.2002 and attached hereto as Exhibit UA" and by this reference made a part hereof.
CITY OF SANTA ANA represents and warrants t.o COUNTY OF ORANGE that CITY OF
SANTA ANA has made its own independent inspection of the property and hereby accepts title
to the property in its "as-is" condition.
........-
DaacmDcr 19. 1001
E'XIrtiUT D
.
.
LEG.AJ. DESCRIPTION
RIGHT-OF-"NAY DEDICATION
IN THE ClIT OF SANTA Pu""\A.. COul-fIT OF ORANGE, STATE'OF CALIF01l.~1A
M~ BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 2,
TO\VNSHIP 5 SOLlH, RANGE 10 WEST, IN rrtE RANCHO US BOLSAS, PER
M.AP RECORDED IN BOOK 51 , PAGE 12 OF MISCELLANEOUS MAPS IN THE.
omCE OF THE COUNTY RECORDER OF SAID COUNTY, AS DESCRIBED IN
DEED TO THE NE\VBERT PROTECTION DISTRICT, RECORDED OCTOBER 16,
1919 IN BOOK 339, PAGE 382 OF DEEDS IN THE omCE OF SAID COUNTY
RECORDER AND MORE P ARTICULA..lU. Y DESCRIBED AS FOLLOWS:
"''''''"'''"''
BEGThl1\oLNG AT THE MOST NORTdEASTERL Y CORN"ER OF LOT 38 OF TRACT
NO. 2887. COlJ1l.i"TY OF OR.Aw'J'GE, STATE OF CALIFOR..l''-lo\. ON A !Y1.A.? FILED IN
BOOK 117, PAGES 28 THROUGH 30 INCLUSIVE. OF MISCELLA_'-\"EOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFOR...~ SAID POINT ALSO BEING
CONCENTRIC WITH AND 50.00 FEET SOLTrlERL Y OF mE CENTERLIN"E OF
T'rlE 80.00 FOOT STRIP OF L~_"'TI DESCRIBED IN A DEED TO 11-3 STATE OF
CALIFOR1\'T1A RECORDED IN BOOK 839, PAGE 460 OF OFFICIAL RECORDS IN
mE OFFICE OF THE COilllTI RECORDER OF SAID COUNTY A...lW BEING A
POll'-t"T ON A ClJRVE, CONCAVE SOtJTHERL Y k'ill HA VlNG A RADIUS OF
1950.00 FEET, THE RADIAL TO SAID POINT BEARS NORTH 090 38' 32" EAST;
THENCE EASTERLY ALONG SAID 50.00 FEET CONCE!\7RIC CURVE
rriROUGH A CE~7RAL ANGLE OF 100 25' 56", A.'l\ID ARC DISTANCE OF 355.05
FEET; TEHNCE CONTINUING ALONG SAID 50.00 FEET P.t\RALLEL LINE
SOL!H 690 55' 32" EAST A DISTANCE OF 8.32 FEET TO THE
NORTH\VESTERLY LINE OF THE L-\N"D DESCRIBED AS "PARCEL 1" IN THE
DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED IN
BOOK 9034, PAGE 417 OF SAID OFFICIAL RECORDS; THENCE LEAVING SAID
50.00 FEET PARALLEL LINE MTI ALONG SAID NORTHWESTERLY LINE
SOUTH 26g 53' 03" Vv":EST A DISTANCE OF 17.65 FEET; THENCE LEAVING SAID
NORTffiVESTERL Y LINE NORTH 71 g 10' 44" WEST A DIST.A..NCE OF 21.51
FEET; THENCE NORTH 690 55' 32" WEST A DISTANCE OF 181.35 FEET TO A
T.~GE?'-.rr CURVE CONCA VB SOUTHWESTERLY, HAVING A RADnJS OF
867.00 FEET, THE RADLAJ. TO SAID POI1\"T BEARS NORTH 20004' 28" EAST;
rrt'"ENCE NORTHViESTERL Y ALO~G s.w CURVE THROUGH A CENTR.A..L
A..."lGLE OF 10023' 48", A.~ ARC DIST..AJ'-lCE OF 157.32 FEET TO 1RE Pon-.."T OF
BEGIN"NlNG.
CO'N"TAI?\TJNG 3,439 SQUARE FEET MORE OR LESS.
SEE EXHIBIT "A" ATTACHED HERETO, .~"""rn BY TillS REFERENCE Su.
P.A...RT HEREOF. ~Q ~ v. C 'fT~
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Pape 1 of 4
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COUNTY OF ORANGE
By:
Chair, Board of Supervisors
Signed and certified that a copy of this
Document has been delivered to the
Chair of the Board
Dated: .
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
STATE OF CALIFOR.NIA )
) SS
COUNTY OF ORA.NGE )
ACKNOWLEDGEMENT
On , 2002 before me,
a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that she executed
the same in her authorized capacity, and that by her signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
'-.
WITNESS my hand and official seal.
Signature
Approved as to form:
Office of County Counsel.
Orange C01j1ty, Califoni~
," I
Legal Description reviewed and approved by
CEO/Real Estate
ttti
~ ,-
J '"
'J
"'..... d<al
Dca:mber It). 2001
Page 3 of 4
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BUYER
By:
City Manager
ATTEST
By:
Clerk of the Council
STATE OF CALIFORNIA)
) SS
COUNTY OF ORANGE )
ACK...~OWLEDGEMENT
On . 2002 before me.
a Notary Public in and for said County and State. personally appeared
personally knO\\l1 to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that she executed
the same in her authorized capacity, and that by her signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
".
Signature
"''''"'''''''''''
Oc:canber 19. 2001
Page 4 of 4
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MOTION: Bist
e
SECOND: Christy
VOTE:
AYES:
Bist, Christy, Franklin, McGuigan, Pulido,
Solorio (6)
NOES:
None (0)
ABSENT:
Alvarez (1)
ttems:::r:emoved::f6f::se""o:arate::aCtWn::or.::modified::ar:e:::i:iO:"oo~ji.:."i:ited~::::S...:.:.a:rate::aQtions::~6W
. . . 0 0 0 0 0 0 " 0 " " . . . . . . 00" 0 0 0 0 0 . . . p.o 0 0 0 0 0 0 0 0 . . . . . . 0 . 0 0 " 00" 0 . . . . . . 0 " 0 0 " 0 0 . . . . .19. . . go 0 0 . . . . . . . . ~ " . . . . . . . . . 0 0 0 . . . . . . . 0 0 0 " . .
lhe::acltiaf:ii.iOte:::tterns:wiHioGt::vofes:ara:8do":.ted:as::o;oait:Of::ll1e:ionsent:mGtiOn~
. . 0 " " 0 0 0 . . . . . . . . . 00" To . . . . . . . . . 0 0 . . . . . . . . . .00 " 0 0 . . . . . . . . . 0 " o:P. . . . . . . . . " ~ " 0 0 " . . . . . . . . . 0 0 0 0 0 0 . . . . . 0 . 0 0 0 0 0 . . . .
ADMINISTRATIVE MATTERS
MINUTES
Motion: Approve minutes. (Items 10.A. and 10.B.)
10.A. ADJOURNED REGULAR MEETING OF FEBRUARY 4,2002
10.B. REGULAR MEETING OF FEBRUARY 4,2002
BOARDS/COMMISSIONS/COMMITTEES
13.A. VACANCY REPORT - FEBRUARY 13, 2002
The Vacancy Report reflects only appointments made by the Council.
Motion: Instruct Clerk to enter report into the Minutes.
Board/Commission
Cable Television Advisory Board
Human Relations Commission
Workforce Investment Board
Youth Commission - Alternate Members
Vacancies
1
2
2
2
Ward
Ward 5
Mayor, at large
Youth Commission - Regular Members ~
TOTAL 9
Wards 1 and
Mayor
Wards 1 and 6
CLERK OF THE COUNCIL POSTING REPORT
The following notices were posted pursuant to the Brown Act and the Maddy Act.
Council Agendas and Board and Commission resignations are posted on the door of the
CITY COUNCIL MINUTES
2
FEBRUARY 19, 2002
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25.D. AGMT NO. 2002-019 - STREET EASEMENT OVER SANTA ANA RIVER
- With the Orange County Flood Control District for the purchase of street
easement over the Santa Ana River for purposes of the Memory Lane
Bridge Widening in the amount of $10,000.00 - Public Works Agency
25.E. AGMT NO. 2002-020 - PURCHASE PORTION OF PROPERTY
LOCATED WEST OF MEMORY LANE BRIDGE - With the County of
Orange for the purchase of a portion of Forest Paul Park located westerly
of Memory Lane Bridge in the amount of $20,531.00 $20,634.00 - Public
Works Agency
25.F. AGMT NO. 2002-021 - COMPUTER AIDED DISPATCH SYSTEM
MAINTENANCE - Execute an amendment to agreement with PRC Public
Sector, Inc. for computer software and equipment maintenance services
for the Santa Ana Police Department's Computer Aided Dispatch System
in an amount not to exceed $78,000.00 - Police Department
25.G. AGMT NO. 2002-022 FURNISH AND INSTALL SODIUM
HYPOCHOLORITE SYSTEMS - Award a contract to Clor Tec Company to
furnish and install sodium hypochlorite generation systems at six city well
sites in the amount not to exceed $213,271.44 - -Public Works Agency
25.H. PURCHASE OF COMPUTER EQUIPMENT AND FURNITURE FOR THE
SANTA ANA WORK CENTER
Motion: Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreements.
1. AGMT NO. 2002-023 - Amend the contract with Steelcase, Inc. for
furniture, based on the County of Orange and State of California
contracts, by $35,000.00 for an amount not to exceed $135,000.00 for
the purchase of furniture for the relocation of the Welfare-to-Work and
Special Projects Unit to the Business and Industry Service Center
2. AGMT NO. 2002-024 - Amend the contract with Dell Computer by
$90,000.00 for the purchase of computers for the relocation of the
Welfare-to-Work and Special Projects Unit to the Business and
Industry Service Center and for the Santa Ana WORK Center
3. AGMT NOS. 2002-025, 026, & 028 - Amend the contract with En
Pointe Technologies, Future Computing Solutions and Sehi Computer
Products for networking hardware and printers for a total aggregate
amount not to exceed $60,000.00
4. AGMT NO. 2002-029 - Execute contract with BKM Total Office of
California, LP for the delivery and installation services of Steelcase
CITY COUNCIL MINUTES
8
FEBRUARY 19, 2002
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REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 19, 2002
TITLE:
CLERK OF COUNCIL USE ONLY:
PURCHASE AGREEMENT FOR PORTION
OF COUNTY-OWNED PROPERTY LOCATED
WEST OF MEMORY LANE BRIDGE FOR
THE MEMORY LANE .~..Rl:DGE ~mG
PROJECT I / r
( :~~.JOU<~----
CITY MANAGER
APPROVED/
C3"" As Recommended
o As Amended
o Ordinance on 1 51 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
A-2002-020
(
,
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an agreement with County of Orange for
the purchase of a portion of Forest Paul Park located westerly of Memory
Lane Bridge in the amount of $20,531.
DISCUSSION
This project will widen the Memory Lane Bridge to match the existing lane
configurations east and west of the Santa Ana River. The widened width
of the bridge will be approximately 92 feet. This width will allow for
three lanes in each direction with 5-foot sidewalk on both sides and a 4-
foot raised median. To accommodate the proj ect, the City needs to
acquire a 3,439 square foot parcel located west of Memory Lane Bridge
(Exhibit 1).
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed
project is exempt from further review. Categorical Exemption ER No. 99-
139 will be filed for this project.
FISCAL IMPACT
Funds for the proposed acquisition are available in account no. 32-551-
6631, project no. 1740.
APPROVED AS TO FUNDS AND ACCOUNTS:
_~ d/~~~r
James G. Ross
Executive Director
Public Works Agency
~~/~-- .
Rod R. C01;~~)
Executive Director
Finance and Mgt. Services Agency
Page 59
25.E.
SUBJECT PARCEL
PROJECT AREA
EXHBT 1
. SANTA AHA ~ cay Cowd ,.. PURCHA~';E~1NT FOR
· PW A. Agenda Date PORTION OF COUNTY OWNED
, 'e-a-._._ - PROPERTY LOCATED WEST
--..... ~-y....~ OF MEMORY LANE BRIDGE
2s:E---
Page 60
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