Deed - KOLL IRVINE - 7/25/2001Recording Requested by COSTA MESA SANITARY DISTRICT
' When Recorded Mail to:
CrOSTA MESA'SANITARY DISTRICT
P.O. BOX 1200
COSTA MESA, CALIFORNIA 92628 -1200
Mail Tax Statements to:
COSTA MESA SANITARY DISTRICT
P.O. BOX 1200
COSTA MESA, CALIFORNIA 92628 -1200
Recorded in Official Records, County of Orange
Gary Granville, Clerk- Recorder
1111111 11111 11111 1111111111111111111111111 11111 11111 IIIII NO FEE
109 73 E01
20010502535 6 02:08pm 07/25/01
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
A .P. No. 427 193 01 through 427 193 10
TRA 8328
Location: 3184 Airway Avenue
Carta Mega CA 92626
EASEMENT DEED
Exempt Recording Requested per
Government Code 6103
Deed No.
R/W No.
THE UNDERSIGNED DECLARE(S) DOCUMENTARY TRANSFER TAX IS NONE.
GOVERNMENTAL AGENCY EXEMPT COSTA MESA SANITARY DISTRICT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
KOLL IRVINE COMMUNITY ASSOCIATION, a California corporation
grant(s) and convey(s) to the COSTA MESA SANITARY DISTRICT a perpetual easement and right of
way for sewer and maintenance purposes in, on, under, across and through all that real property situated
in the City of Costa Mesa, County of Orange, State of California, described as shown on the attached
Page 1 of Exhibit "A".
All as more particularly shown on the map attached hereto and made a part hereof, labeled Page 2 of
Exhibit "A ".
Dated: _ .44. Z9, 2d=4:3
KOLL IRVINE COMMUNITY ASSOCIATION,
a Califo ' oration
By:
Name: Daniel L. Curtis
Title: President
Title: Secretary
Name:
Title:
Naive:
Title:
'
Exhibit. A
UNDERGROUND UTILITY Pg. 1 of 2
SEWER EASEMENT
That portion of Lot 34 of Tract 8328 in the City of Costa Mesa, County of Orange, State of California,
as shown on a map recorded in Book 350, Pages 15 to 17 inclusive of Miscellaneous Maaps in the_ofce _
of the County Recorder of said County, an easement for sewer being described as follows:
Commencing at the most southerly corner of Tract No. 8328; thence N. 28 47'44"E., 10.00 feet
coincident to the southeasterly line of said tract; thence N. 61 12' 16 "W., 3.07 feet to the TRUE POINT OF
BEGINNING at the most southerly corner of the sewer easement described in said lot and tract; thence
coincident to the southwesterly line of said sewer easement N. 6112' 16"W., 10.00 feet; thence
S. 28 47'44"E., 10.00 feet to the southwesterly line of said tract; thence coincident to said southwesterly
tract line S. 61 12' 16"E., 10.00 feet; thence N. 28 47'44 "E., 10.00 feet to the TRUE POINT OF
BEGINNING.
Containing 100.00 square feet, 0.0023 acres, more or less.
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ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
O n g 29 , 20 1 , before me`9
2y i personally appeared ' 1✓1eL- L.
(or proved to me on the basis of satisfactory evidence) to be the
person() -whose name(s) is'r- subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in hislhocitheir authorized capacity(ies), and that by his/lea—their
signature(s) on the instrument the person(.$, or the entity upon behalf of which the persons}
acted, executed the instrument.
WITNESS my hand and official seal.
c
Signature�''� ?''
ROY K. FREEMAN 111
; COMM. 1293265 m
Notary Public - California CA
W r ORANGE COUNTY
Feb. 20, 2005
SIFORMMBD7 -41 BD7-41
09/20/00
JOIN INVAE
OURRIRT
1.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On ' �j� "1 2' , 20 6/ , before me ,8 i k
Mt r! . MorAle- 74/-1c- personally appeared c
?& -"Ti/ P YPP
personally known to me - ' _ ...,_ • _ - ' • • _ - to be the
person() whose names) is/ie•subscribed to the within instrument and acknowledged to me that
he/sheithey executed the same in his/hey/their authorized capacity(ies), and that by his/4ler/their
signature(e)- 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.
lI�
ROY K. FREEMAN III
— 6s. COMM. 1293265
Notary Public - California N
W -r,' ► ORANGE COUNTY =
My Comm. Exp. Feb. 20, 2005 `
STORMSIBD7 -41 BD7-41
109.0_, 09/20/00
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Deed of Right of Way
dated MARCH 29, 2001 from THE KOLL IRVINE COMMUNITY
ASSOCIATION, A CALIFORNIA CORPORATION to the COSTA MESA
SANITARY DISTRICT, is hereby accepted by order of the Board of Directors of the
Costa Mesa Sanitary District on the /d ei day of JULY 2001, and the grantee consents
to the recordation thereof b its duly authorized officer.
Secretar7, :Costa Mesa -Sai itary District
DATE: f.,(py IA, avo i
By:
P - sident, Costa Mesa Sam District
"7.
COSTA MESA SANITARY DISTRICT
ROBIN B. HAMERS
MANAGER/DISTRICT ENGINEER
234 E. 17h STREET, SUITE 205, COSTA MESA, CA 92627
PHONE 949/631-1731 FAX 9491548 -6516
TRANSMITTAL
To: Alan Burns Esq.
453 S. Glassell Street, Orange, CA 9286E-1905
Date: February 13, 2002
Project: 3180 Airway Ave. & JWA
The following items are submitted:
FORYOURUSE
FOR YOUR APPROVAL
COPIES DESCRIPTION
x FOR YOUR REVIEW & COMMENT
OTHER
1 Letter dated 2/6/02 & attachments from JWA
REMARKS: Alan please review the requested revisions to the sewer service agreement and call me
to discuss.
SIGNED
ROBIN B. HAMERS
cc. Jo Revak ■/copy
RPORT
Orange County, California
Alan L. Murphy
Airport Director
3160 Airway Avenue
Costa Mesa, CA
92626 -4608
949.252.5171
949.252.5178 fax
www.ocair.com
February 6, 2002
Mr. Robin B. Hamers
Manager /District Engineer
Costa Mesa Sanitary District
P.O. Box 1200
Costa Mesa, California 92628 -1200
RE: Sewer Service to Proposed Fire Station 33 & 3180 Airway Avenue
PM 1121- 500 -0005
Dear Mr. Hamers:
Enclosed please find a copy of an Easement Deed and Agreement that will be
presented to the Board of Supervisors for approval after signature by the Costa Mesa
Sanitary District (District). This document will grant a sewer easement to the District
over the easterly portion of the County owned property at 3180 Airway Avenue in
Costa Mesa...A location map showing the approximate easement area is attached.
In addition, I am forwarding a revised copy of the Draft Agreement you forwarded to
Chris Bennett on May 1, 2001. Listed below is an explanation of the changes made
to your original draft.
Preamble: Deleted the reference to the County as a political subdivision.
Recital 2: The Airport Fire Crash Rescue Station #33 has been referred to as Fire
Station #33 for the remainder of the document.
Recital 3: Since Recital 1 reflects that John Wayne Airport will be referred to as
JWA, the word "airport" in Recital 3 and elsewhere has been changed to
JWA.
Recital 4: Deleted, since the FAA Control Tower facility is the responsibility of the
FAA. The original tie in to the then existing sewer line occurred in 1973
and at that time the District determined that they would not charge the
FAA for use of the sewer hook -up as they were a sister government
agency.
Recital 5: Deleted reference to FAA Control Tower.
Recital 6: For reference purposes, it is preferred that the referenced property at
3184 & 3180 Airway be shown as Attachment I.
Recital 9: It is preferred that the referenced easement on 3180 Airway be shown as
Attachment 11 and the notation as to who will be granting the mentioned
easements for each property be added for clarification.
Recital 10: The opening paragraph reflects that the Costa Mesa Sanitary District will
be referred to as "DISTRICT ", and further reflects that the County of
vq 4(7
�
MAY
NE
County, California
Alan L Murphy
Airport Director
3160 Airway Avenue
Costa Mesa, CA
92626 -4608
949.252.5171
949.252.5178 fax
www.ocair.com
Mr. Robin B. Hamers
Costa Mesa Sanitary District
Page 2
Orange will be referred to as "COUNTY ", therefore we used DISTRICT
and COUNTY in this Recital.
Agreement Clause 1:
Agreement Clauses 2 &3:
Old Agreement Clause 5:
Old Agreement Clause 6:
New Agreement Clause 5:
New Agreement Clause 6:
Since the County of Orange ( "County ") needs to keep
the sewer service to the existing Fire Crash Unit as well
as the FAA Control Tower, the Agreement dated
September 3, 1975, should remain in force and this
Clause deleted.
The County of Orange will only be granting one
easement to the District. The easement over the
property at 3184 Airway was granted by the Koll Irvine
Community Association.
We wish to specify that the fees the County will pay will
be sewer service fees associated with the new Fire
Station 33 facilities, and assessments made against the
County property at 3180 Airway Avenue. If there is a
known set 'annual fee to be paid, it is preferred that
amount be specified.
Added verbiage to-limit sewer discharge to the new Fire
Station 33 property.
Added language to describe maintenance obligations.
Added notices provision.
Please advise at your earliest opportunity, if the Agreement as modified meets with
your approval. If so, we shall prepare a final for approval. My phone number is
949/252 -5228.
7
Roy an
Manager, Commercial & Real Property
Zama—AAA os
Enclosures
cc: Larry Serafini, Deputy Airport Director - Facilities & Engineering
Janet L. Howard, Deputy Airport Director - Business Development
Joe Sessa, Project Manager
AGREEMENT
THIS AGREEMENT is made and entered into this day of
2002, by and between the COSTA MESA SANITARY DISTRICT, a district formed
under the Sanitary District Act of 1923, hereinafter referred to as "DISTRICT" and the
COUNTY OF ORANGE, hereinafter referred to as "COUNTY ".
WITNESSETH THAT:
WHEREAS, COUNTY owns and operates the John Wayne Airport (JWA) which
borders the existing boundary of DISTRICT; and
WHEREAS, DISTRICT entered into an Agreement dated September 3, 1975,
with COUNTY to provide sewer service to the Airport Fire Crash Rescue Station #33
(Fire Station #33) located on JWA property; and
WHEREAS, COUNTY desires to construct a new Fire Station #33, also located
on JWA property, and desires additional sewer service; and
WHEREAS, due to utility conflicts, grade problems, and the proposed location of
the new Fire Station #33, JWA engineers and DISTRICT engineers have concluded the
most effective sewer service for the new Fire Station #33 will be from existing
DISTRICT facilities located at the southerly corner of property located at 3184 Airway
Avenue as shown on Attachment I, attached hereto and made a part hereof; and
WHEREAS, COUNTY also owns property located at 3180 Airway Avenue and
desires sewer service to this property in the future; and
WHEREAS, existing sewer service to 3180 Airway Avenue is from a lateral in
Airway Avenue that has collapsed due to root intrusion and is unusable; and
WHEREAS, the grant of additional DISTRICT easement area over the southerly
corner of 3184 Airway Avenue by the property owners and the grant of a new DISTRICT
easement area over the easterly corner of 3180 Airway Avenue by the COUNTY, as
SICONTRACTIAGREEMEN1ICM SANITARY DISTRICT
shown on Attachment II, attached hereto and made a part hereof, will ensure all
properties being served will have direct access to DISTRICT sewer facilities; and
WHEREAS, an agreement between COUNTY and DISTRICT for sewer service
of property outside DISTRICT boundaries constitutes an interagency agreement and is
exempt from Orange County Local Agency Formation Commission review;
NOW, THEREFORE, for and in consideration of the covenants contained herein,
performed or to be performed, the parties hereto agree as follows:
1. DISTRICT agrees to provide sewer service to COUNTY facilities as set forth
in the recitals above, and COUNTY agrees to pay the fees and grant the
DISTRICT an easement over 3180 Airway Avenue, in the form of the
Easement attached hereto as Attachment II, which has been approved as to
fo?m by the DISTRICT.
2. All sewer construction shall be done according to DISTRICT standards and
regulations and shall be subject to DISTRICT approval and inspection before
connection and acceptance.
3. COUNTY shall pay when due all sewer service fees associated with the new
Fire Station #33 constructed on JWA property, such fees to include, but not
be limited to inspection and permit fees, connection fees, fixture fees, and any
other sums due DISTRICT. Additionally, DISTRICT shall bill, and COUNTY
shall pay when due, such annual sewer service charges as may be imposed
on COUNTY property located at 3180 Airway Avenue.
4. This Agreement assumes that the sewage discharge emanating from the new
Fire Station #33 facilities shall be of a type normally associated with normal
commercial use and does not cause DISTRICT problems by nature of volume
or constituency. If the DISTRICT reasonably determines that it is necessary
to do so, COUNTY agrees to provide and regularly service such grease
interceptors or traps as may be necessary. COUNTY agrees that the
DISTRICT may charge COUNTY additional sums if COUNTY's use of sewer
facilities causes extraordinary costs to DISTRICT for maintenance or other
problems.
5. The parties agree that DISTRICT shall be responsible for the maintenance,
replacement and upkeep of only those portions of any sewer facilities that are
installed in public right of way, and that the maintenance, upkeep, service
and /or replacement of said line upon COUNTY property shall be by persons
or entities other than DISTRICT.
SICONTRACTIAGREEMENTICM SANITARY DISTRICT
6. All notices pursuant to this Agreement shall be addressed to either party as
set forth below and shall be sent through the United States mail, postage
prepaid. If any notice is sent by registered or certified mail, the same shall be
deemed to have been served or delivered twenty -four (24) hours after mailing
thereof as above provided. Notwithstanding the above, either party may also
provide notices to the other by personal delivery or by regular mail, postage
prepaid, and any such notice so given shall be deemed to have been given
upon the date of personal delivery or the date of deposit in the United States
mail respectively.
To: DISTRICT
Costa Mesa Sanitary District
Attn:
P.O. Box 1200
Costa Mesa, CA 92628 -1200
Or 77 Fair Drive
Costa Mesa, CA 92626 -6520
COUNTY
John Wayne Airport
Attn: Airport Director
3160 Airway Avenue
Costa Mesa, CA 92626
7. This Agreement includes the following, which are attached hereto and made a
part hereof:
Attachment I (Location Map)
Attachment II (Form of Easement Deed & Agreement)
/1
SICONTRACTrAGREEMEN7ICM SANITARY DISTRICT
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
above written.
COSTA MESA SANITARY DISTRICT
By
President
By
APPROVED AS TO FORM: Secretary
County Counsel
By
Deputy
APPROVED AS TO AUDIT AND ACCOUNTING:
Auditor - Controller
By
RECOMMENDED FOR APPROVAL:
John Wayne Airport
By
ALAN L. MURPHY
Airport Director
By
Real Property Agent
SIGNED AND CERTIFIED THAT A COPY COUNTY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIR OF THE BOARD. COUNTY OF ORANGE
DARLENE J. BLOOM
Clerk of the Board of Supervisors
of Orange County, California
SICONTRACTIAGREEMENTICM SANITARY DISTRICT
By
Chair, Board of Supervisors
1N3WHDVIIV
AIRPORT DATA
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FAA APPROVAL STAMP
JOHN WAYNE AIRPORT — ORANGE COUNTY
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JWA Divisions Projects / BusinessDevelopment /obswesmt.dgn
10 3184 AIRWAY AVENUE - EASEMENT LOCATION
02 3180 AIRWAY AVENUE - EASEMENT LOCATION
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RECORDING REQUESTED BY:
John Wayne Airport
AND WHEN RECORDED MAIL TO:
JOHN WAYNE AIRPORT •
3160 AIRWAY AVENUE
COSTA MESA, CA 92626
JOIN YAM
AIRPORT
THIS SPACE FOR RECORDER'S USE ONLY
This is to certify that this document is presented for recording by John Wayne Airport
under Gov. Code Sec. 6103.
By
PM 1121- 500 -0005
John Wayne Airport
(Costa Mesa Sanitary District)
EASEMENT DEED AND AGREEMENT
This Easement Deed and Agreement is made , 20_, by and
between the COUNTY OF ORANGE, hereinafter referred to as "GRANTOR ", and COSTA
MESA SANITARY DISTRICT, hereinafter referred to as "GRANTEE."
For a valuable consideration, receipt of which is hereby acknowledged, GRANTOR hereby
grants to GRANTEE, its successors and assigns, a non - exclusive easement and right of way
to construct, lay, install, use, maintain, alter, improve, repair, replace, inspect, and /or remove,
at any time and from time to time, underground pipelines, with incidental ordinary and
necessary appurtenances and connections, in, on, under, and through that certain real
property (hereinafter referred to as "Easement Area ") described in "Exhibit A" and shown on
"Exhibit B ", which Exhibits are attached hereto and made a part hereof.
It is understood and agreed by the parties hereto and their successors and assigns, that said
easement and right of way herein granted shall be subject to the following terms and
conditions:
1. PURPOSE AND USE (E2 -1S)
GRANTEE understands and agrees this easement is being granted in consideration of
providing sewer services to John Wayne Airport. GRANTEE agrees the easement granted ..
herein shall be used to provide sewer services solely to GRANTOR. GRANTEE's use of this
easement to serve other than GRANTOR shall require compensation to GRANTOR.
2. CONSTRUCTION AND MAINTENANCE (E3 -1S)
GRANTEE shall have its initial construction plans approved by GRANTOR's Airport Director or
successor (hereinafter referred to as "Director ") prior to commencement of any work; and upon
S \CONTRACTEA S E MENTICON 002
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ATT A, CHI ` Ern
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PM 1121- 500 -0005
John Wayne Airport
completion of any work, GRANTEE shall immediately notify Director of such completion.
Director's approval of GRANTEE's initial construction plans shall not be deemed approval from
the standpoint of structural safety, suitability for purpose or conformance with building or other
codes or other governmental requirements.
Should it be necessary for GRANTEE to disturb the surface of the Easement Area subsequent
to the completion of the initial installation of necessary facilities, GRANTEE agrees to notify
Director in advance and to obtain Director's approval of all plans for construction and /or
maintenance prior to commencement thereof. Said approval shall not be withheld capriciously
or unreasonably, nor shall said approval be necessary in an emergency situation.
GRANTEE and its respective contractors, agents, and employees shall have the right to cut
such roots as may endanger or interfere with said underground facilities and shall have free
(reasonable) access to the Easement Area and every part thereof, at all times, for the purpose
of exercising the rights herein granted; provided, however, that any excavation shall be made
in such a manner as will cause the least injury to the surface of the ground and any
improvements and /or landscaping around such excavation, and that the earth so removed
shall be replaced and any improvements and /or landscaping around such excavation damaged
shall be promptly restored as nearly as possible to the same condition as existed prior to
excavation. All facilities installed by GRANTEE pursuant to this Agreement shall be
maintained by GRANTEE in good repair and in safe condition.
3. REMOVAL AND /OR ABANDONMENT (E4 -1S)
GRANTEE agrees that in the event the service for which said facilities were constructed is
ordered discontinued and GRANTEE is not required by law, rule, or, regulation of any
governmental authority to furnish said service or in the event the use of the facilities ceases fo
a period of more than one (1) year without written notice from GRANTEE to GRANTOR of the
circumstances affecting such suspension and of GRANTEE's intention to resume usage of the
facilities, GRANTEE, at Director's request, and at no cost to GRANTOR, shall remove and /or
abandon any portion of said facilities owned, operated, and maintained by GRANTEE, within
sixty (60) days after receipt of written notice from Director to remove and /or abandon. In the
event of such removal and /or abandonment, GRANTEE shall execute and record in the Officia
Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbranc
of this easement from title to the Easement Area.
4. RELOCATION (E5-1S)
GRANTEE agrees that in the event said facilities shall at any time interfere with the use, repair,
or improvement of GRANTOR's property, GRANTEE shall, within ninety (90) days of receipt of
written notice from Director, relocate said facilities to a site designated by Director. GRANTO
shall first furnish GRANTEE with a document containing terms and conditions similar to those
contained herein. GRANTOR and GRANTEE agree that said facilities are to be used to
provide service exclusively to GRANTOR; and as long as said facilities are used to provide
service to GRANTOR, any relocation shall be made at GRANTOR's expense.
5. HOLD HARMLESS (E6 -1 S)
GRANTEE shall indemnify and save harmless GRANTOR, its officers, agents, and employees
from and against all claims, demands, loss, or liability of any kind or nature which GRANTOR,
its officers, agents, or employees may sustain or incur or which may be imposed upon them or
any of them for injury to or death of persons, or damage to property as a result of, arising out
of, or in any manner connected with the rights herein granted, or with the use of the Easement
Area by GRANTEE, its officers, agents, employees, or invitees.
SICONTRACT:EA SEMENTICON002
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ATTACHM
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PM 1121- 500 -0005
John Wayne Airport
MITE
6. DEFINITION OF "GRANTOR" (E7-1S)
The term "GRANTOR" shall mean the County of Orange. Actions to be taken by the
GRANTOR under this Easement shall be taken by the Board of Supervisors of the political
body which executed this Easement, or its representatives specifically authorized to take such
actions under this Easement.
7. EXCEPTIONS AND RESERVATIONS (E8-1S)
GRANTOR hereby reserves for itself and its successors and assigns, such surface and
subsurface rights as will not interfere with or prohibit the complete use by GRANTEE, its
successors and assigns, of the rights and easement herein granted. It is GRANTOR's intent t
not place or permit any building on the Easement Area or otherwise interfere with the full
enjoyment by GRANTEE of the easement hereby granted. However, should GRANTOR
decide to construct or permit any building on the Easement Area, GRANTOR shall notify
GRANTEE ninety (90) days prior thereto. Upon such notice, GRANTEE shall relocate said
facilities as provided under the clause in this Deed entitled "RELOCATION ".
This grant is subject t� existing contracts, leases, licenses, easements, encumbrances, and
claims which may affect the Easement Area and the use of the word "grant" herein shall not b
construed as a covenant against the existence of any thereof.
8: ATTACHMENTS TO DOCUMENT (E9 -1S)
This document includes the following, which are attached hereto and made a part hereof:
Exhibit A (Legal Description)
Exhibit B (Plot Plan)
SICONTRACTEASEME'JT\CON002
3 of 4
09/04/01
ATTACH E s 11
1
2
3
4
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8
9
10
11
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PM 1121- 500 -0005
John Wayne Airport
GRANTEE
COSTA MESA SANITARY DISTRICT
By
Title:
Dated:
RECOMMENDED FOR APPROVAL GRANTOR
John Wayne Airport
Business Development COUNTY OF ORANGE
By By
Real Property Agent Director, John Wayne Airport
STATE OF CALIFORNIA
COUNTY OF ORANGE ))
On , 20 before me,
a Notary Public, personally appeared
ss.
Per authority delegated under Codified
Ordinances of Orange County, Section
1-4 -225 and Ordinance No. 3898
Dated:
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 his /her /their authorized capacity(ies), and that by
his /her /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.
Signature
APPROVALS
APPROVED AS TO FORM Description compared to approved
COUNTY COUNSEL description.
By: By:
Deputy
Date: Date:
SICONTRACTEAS EMENTICON002
4 of 4
ATTACHM
11
PM 1121- 500 -005
John Wayne Airport
EXHIBIT "A"
THAT PORTION OF PARCEL 1 IN THE CITY OF COSTA MESA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER PARCEL MAP RECORDED IN BOOK 44, PAGE 36 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE
N61 °12'16 "W, 13.00' ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1;
THENCE S28 °47'44 "W, 60.00' PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID
PARCEL 1, THENCE S61° 12' 16 "E, 13.00' PARALLEL WITH THE NORTHEASTERLY
LINE OF SAID PARCEL 1 TO A POINT IN THE SOUTHEASTERLY LINE OF SAID
PARCEL 1, SAID POINT LYING A DISTANCE OF 60.00' SOUTHERLY OF POINT OF
BEGINNING; THENCE N28 °47'44 "E, 60.00' ALONG THE SOUTHEASTERLY LINE OF
SAID PARCEL 1 TO A POINT OF BEGINNING.
CONTAINING 780.00 SQUARE FEET, 0.018 ACRES, MORE OR LESS.
PREPARED BY: C"i,
CRAI . " l iff/1`'LS 6131
EXPIRATION: MARCH 31, 2002
SICONTRACTIEAEEE 'EN T1CON002
ATTACHMENTS 11
PM 1121- 500 -005
John Wayne Airport
EXHIBIT "B"
TRACT 8328, MM 350/15 -17
LOT 34 C ,
0 `� ,
F,9s,,, ----. szo 6' - e---.„„,, ,„, / s, / ,/
„, . /4, -. ,,iiik,r, "
A � , � / ;
N.T.S.
PARCEL /
PMB 44/36
•
F\
�/
O
Me : ,
g
Q
P.O.B.
F4
PREPARED BY
CR <•'' S. WEHR AN, PLS 6131 I
EXPIRATION DATE: 03/31/02
DATE �8�7,
S\CONTRACT \AS EMENTCON002
ATTAcHMEN 1 r
�RT
Orange County, California
Man L. Murphy
Airport Director
3160 Airway Avenue
Costa Mesa, CA
92626 -4608
949.252.51;1
949.252.5178 fax
www.ocair.com
June 11, 2001
Mr. Robin B. Hamers
Manager /District Engineer
Costa Mesa Sanitary District
P.O. Box 1200
Costa Mesa, California 92628 -1200
RE: Sewer Easement
Proposed Fire Station 33
PM 1121 -500 -0003
Dear Mr. Hamers:
Enclosed for recordation is a fully executed and notarized Easement Deed dated March 29,
2001, for sewer and maintenance purposes in and about the Koll Irvine Community
Association property, commonly identified as 3184 Airway Avenue, Costa Mesa, located
adjacent to the John Wayne Airport.
When available, please forward a copy of the recorded document to my attention at the
address noted to the left.
Sincerely,
arez
al Prop - ' Agent
Enclosure
cc: Chris Bennet
July 12, 2001
V('7
Robin B. Hamers
JO} N MAY1 E Manager/District Engineer
AIRPORT Costa Mesa Sanitary District
Orange County, California 234 17th Street, Suite 205
Costa Mesa, CA 92627
Alan L. Murphy
Airport Director SUBJECT: Fire Station 33 Replacement at John Wayne Airport
Project No. 280 - 280 - 4200 -P663
3160 Airway Avenue
Costa Mesa, CA
92626 -4608
949.252.5171
949.252.5178 fax
www.ocair.com
Dear Rob,
_ _ ` Inyouur May 1, 2001 letter the_fol lowing - requirements- were - listed as-a condition to-receive-
sewer service for Fire Station #33 at John Wayne Airport:
• CMSD Easement over 3184 Airway Ave. - We have delivered all of
the required paperwork to your office and await approval by your Board.
• CMSD Easement over 3180 Airway Ave. - A legal description,
map, and easement deed are currently being prepared by the
Airport. Our goal is to deliver these items to your office by the end
of August. Refer to the construction schedule later in this letter to
understand how this fits in with our process.
• New CMSD /JWA Agreement - We have received your draft agreement.
We will deliver comments /changes to the agreement with the 3180
Airway Ave. easement. This will be delivered at the end of August.
• Sewer Connection Fees - In our last meeting you outlined what fees will
need to be paid. We will wait for these fees to be calculated at the
appropriate time and process the payments at that time.
Our current construction schedule is as follows:
Project Out to Bid - 9/1/01
Project Start - 10/17/01
Project Completion - 12/1/02
I will keep you informed of changes in the schedule if and when they occur. Thank you for
your assistance with this project.
Sincerely,
Chri:;'Bennett
Project Manager
sanitary /CB /jl
cc: Glenn Owens, JWA
Recording Requested by COSTA MESA SANITARY DISTRICT
When Recorded Mail to:
COSTA MESASANITARY DISTRICT
P.O. BOX 1200
COSTA MESA, CALIFORNIA 92628 -1200
Mail Tax Statements to:
COSTA MESA SANITARY DISTRICT
P.O. BOX 1200
COSTA MESA, CALIFORNIA 92628 -1200
A .P. No. 427 193 01 through 427 193 10 Deed No.
TRA 8328
Location: 3184 Airway Avenue
EASEMENT DEED
Exempt Recording Requested per
Government Code 6103
R/W No.
THE UNDERSIGNED DECLARE(S) DOCUMENTARY TRANSFER TAX IS NONE.
GOVERNMENTAL AGENCY EXEMPT COSTA MESA SANITARY DISTRICT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
KOLL IRVINE COMMUNITY ASSOCIATION, a California corporation
grant(s) and convey(s) to the COSTA MESA SANITARY DISTRICT a perpetual easement and right of
way for sewer and maintenance purposes in, on, under, across and through all that real property situated
in the City of Costa Mesa, County of Orange, State of California, described as shown on the attached
Page 1 of Exhibit "A ".
All as more particularly shown on the map attached hereto and made a part hereof, labeled Page 2 of
Exhibit "A ".
Dated: Zq, Zczep!
KOLL IRVINE COMMUNITY ASSOCIATION,
a Califo ! . oration
By:
Name: Daniel L. Curtis
Title: President
/
.1 c■ eorge •''
Title: Secretary
Name:
Title:
Name:
Title:
Exhibit A
UNDERGROUND UTILITY
SEWER EASEMENT
Pg. 1 of 2
That portion of Lot 34 of Tract 8328 in the City of Costa Mesa, County of Orange, State of California,
as shown on a map recorded in Book 350, Pages 15 to 17 inclusive of Miscellaneous Maps in the office
of the County Recorder of said County, an easement for sewer being described as follows:
Commencing at the most southerly corner of Tract No. 8328; thence N. 28 47'44"E., 10.00 feet
coincident to the southeasterly line of said tract; thence N. 6112' 16 "W., 3.07 feet to the TRUE POINT OF
BEGINNING at the most southerly corner of the sewer easement described in said lot and tract; thence
coincident to the southwesterly line of said sewer easement N. 61 12' 16"W., 10.00 feet; thence
S. 28 47'44 "E., 10.00 feet to the southwesterly line of said tract; thence coincident to said southwesterly
tract line S. 61 12' 16"E., 10.00 feet thence N. 28 47'44 "E., 10.00 feet to the TRUE POINT OF
BEGINNING.
Containing 100.00 square feet, 0.0023 acres, more or less.
PAGE
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ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On ,..A4ARcii 29 , 20 d 1 , before me `/
/T7��✓�j / p AeJ 7 ec personally appeared
(or proved to me on the basis of satisfactory evidence) to be the
person(s)-whose name(-) is a - subscribed to the within instrument and acknowledged to me that
heishe/they executed the same in hisillecitheir authorized capacity(iis), and that by hisothecitheir
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.
Signature
N .rte _,,J___..:
i _ _•R ' My Comm _Ex' Feb '20, _2005_1
ROY K. FREEMAN III
COMM. 1293265 m
Notary Public - California CA
ORANGE COUNTY -+
SIFORMS\BD7 -41 BD7-41
09/20/00
• Mr ► ..
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On y 2.
} /nftiti MorA�y
? -7Ti
ACKNOWLEDGMENT
A7-/C- , 20 6) , before me £ci personally appeared CjE�KK�jE
personally known to me - _ ' _ • .. ' • to be the
person(&) whose name(s) is/am-subscribed to the within instrument and acknowledged to me that
he/sheithey executed the same in hisikesitheir authorized capacity(ies), and that by his/lief/their
signature(&)- on the instrument the person(&}, or the entity upon behalf of which the persona)-
acted, executed the instrument.
WITNESS my hand and official seal.
S\FORMS\BD7 -41
yb... 09/20/00
FREEMAN III
off' COMM.1293265 m
ss _.,
W ;;,;� ,� Notary Public - California N
W '� Y ORANGE COUNTY j
IMy Comm �E . Feb. 20, 2_005,_E
BD7-41
x Robin B. Hamers
Manager /District Engineer
Costa Mesa Sanitary District
234 E 17th Street, Suite 205
Costa Mesa, CA 92627
phone 949/631 -1731
fax 949/548 -6516
❑ Joan Revak
Clerk of the District
Costa Mesa Sanitary District
77 Fair Drive
Costa Mesa, CA 92626
phone 714/754 -5087
fax 714/432 -1436
Fax
To: Alan Burns
COSTA MESA
SANITARY DISTRICT
From: Rob Hamers
Fax: 714/744 -3350
Pages (including this): 2
Phone: Date: March 5, 2002
Re: John Wayne Airport
❑ Urgent x Please Review and Comment ❑ For your use
• Comments: Alan, please review the attached fax transmittal along with the marked up
documents I mailed to you. It would be a major headache to use their easement form
because so many provisions would have to be rewritten.
cc Joan Revak /w /attachmen
MAR -04 -2002 10:54
IT{ \• Y. rVgiY AN•IIJu ni
COSTA MESA SAN DIST
J srii, wrung.. ng.. ri Rrwm 1 I.
FAX TRANSMITTAL
FROM:
DATE:
JOHN WAYNE AIRPORT
Business Development
Attu: Roy Freeman
3160 ,may Avenue
Costa Mesa, California 92626
Telephone: 949 -252 -5228
Facsimile: 949 -252 -5225
714 432 1436 P.01
rtv. a i. r. 1.1
COMPANY: esa Sari District
TO: - „ ob lydbne a!_erlDYStrict Freer
PAX Milan: 7ld )24436
s
Al■•■••••
REGARDING: Square 00 es o FS 833 Air faro! Tower
COMMENTS: The ground footprint for the existing dire Station #33 is
approximately 5,778 square feet and the Air Traffic Cool Tower is 9,570
square feet The proposed new .Fire Station #33 is approximately 16,500.
I discussed the easement with my boss and she believes we need to arse the
form 1 originally seat to you to keep our easements consistent on the airport and
in view of the fact that the easement area is on the Afrport and subject to FAA
rules and heightened security rega ng access.
PAGES: l flacludling Cover)
TOTAL P.01
FROM : ROB HAMERS
ALAN R. VANS
JOHN LUNAR'
OP caw=
An A WIMP
MEME7.1101P711OAIPAr
1114111111EIMIAL CO11140t•OeN
March 27, 2002
Mir. Roy IC. Freeman
John Wayne Airport
3160 Airway Avenue
Costa Mesa, California 92686.4608
Sewer Serv6Ce
Dear Mr. Freeman:
FAX NO. : 949 548 6516 Mar. 28 2002 09:15AM P1
LAW 01?W65 OP
HARPER & BURNS LLP
Ms. G A835N.maw
CRA1kP.CAL7IMMA ga836 WIIIMEMILISOLBOLYMONM.
OE§ Y16C6SB
plq 771.77Oi
FAX OMO 7d&JL6
�p i5 • 0 f fee vitiw►
UncteA4Doct. A.11) (Atievi
1-allteci 4v Ll
12 .
:74 ii W. IY151STenc& o)7.
*C.608,141- M,?a(ces rry • Ph semd me ay/
• Aft marl i. Ro%
The District has referred your draft agreement to me end, after discussion with the District's Manager,
we are of the opinion that the proposed agreement is totally una aeptable. it appears to have barn
prepared under the premise that the District was asking for something, when in fact the agceenreut
implements an accommodation to your client.
If you are interested in pursuing such an arrangement along the Hoes origimlty suggested, please
advise. Otherwise, the Dish is not intermted in the agreement you have proposed.
Veryttuly
AhanR. Burns
District Cowed
7 11110
0
SENDER: ;COMPLETE THIS SECTION
El Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
El Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article- Addressed to:
Gary L. Granville
Orange County Recorder
P.O: Box 238
630 N. Broadway, # 101
Santa Ana, CA 92702
COMPLETE THIS SECTION ON DELIVERY
A. Received by (Please Print Clearly)
t2-L3 GrM Psi,V 1' LJ
C. Signature
X
B. D.te of
eliver
0
Ji r�a10
❑ Agent
❑ Addresse
D. I delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
'10 Certified Mail
❑ Registered
❑ Insured Mail
❑ Express Mail
❑ Return Receipt for Merchandis
❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
2. Article Number (Copy from service label)
7000 1670 0007 4557 4438
PS Form 3811, July 1999
Domestic Return Receipt
7/17
102595 -00 -M -0952
UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
LISPS
Permit No. G -10
• Sender: Please print your name, address, and ZIP +4 in this box •
COSTA MESA SANITARY DISTRICT
P. 0. BOX 1200
COSTA MESA, CA 92628,1200
(714) 754.5043
S2.62.S— ,avC1 1111i:::
a
n
n
7
A
7
CERTIi�FUED
(Domesfic Marl
' RECEIIPTT "' a
No Insurance Coverage Provided)
_ .yy
only,;
M AIL
=f}
F C�
Pio
Postage
Certified Fee
Return Receipt Fee
(Endrorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
$
Postmark
Here
Sent To Gary L. Granville, 0.C. Recorder
P.O. Box 238
Street, Apt. No. • or PO Box No.
636 N. Broadway, # 101
City, State, ZIP+4
Santa Ana, CA 92702
', ertified Mail Provides:
o A mailing receipt
A unique identifier for your mailpiece
i A signature upon delivery
A record of delivery kept by the Postal Service for two years
mportant Reminders:
Certified Mail may ONLY be combined with First -Class Mail or Priority Mail.
Certified Mail is not available for any class of international mail.
NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo
valuables, please consider Insured or Registered Mail.
1 For an additional fee, a Retum Receipt may be requested to provide proof o
delivery. To obtain Return Receipt service, please complete and attach a Returr
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece 'Return Receipt Requested ". To receive a fee waiver fa
a duplicate return receipt, a USPS postmark on your Certified Mail receipt ie
required.
For an additional fee, delivery may be restricted to the addressee of
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
1 If a postmark on the Certified Mail receipt is desired, please present the arti•
cle at the post office for postmarking. If a postmark on the Certified Mai
receipt is not needed, detach and affix label with postage and mail.
MPORTANT: Save this receipt and present it when making an inquiry.
S Form 3800. May 2000 (Reverse) 102595 -99 -M -208
Phone
(714) 754 -5043
Fax
(714) 432 -1436
Web Address
wwwci.costa- mesa.ca.tts
Mailing Address
P. 0. Box 1200
Costa Mesa, CA
92628 -1200
Street Address
77 Fair Drive
Costa Mesa, CA
92626 -6520
Board of Directors
Arlene Schafer
Greg Woodside
Art Perry
James Ferryman
Dan Worthington
Printed on
Recycled Paper
Costa Mes.a San4taro District
July 16, 2001
Gary L. Granville
Orange County Recorder
P. O. Box 238
630 N. Broadway, #101
Santa Ana, CA 92702
Dear Mr. Granville:
Enclosed is an Easement Deed from the Koll Irvine Community
Association granting a perpetual easement and right of way for sewer and
maintenance purposes to the Costa Mesa Sanitary District.
Please place this Deed on record (Exempt Recording per Government
Code 6103) and return to the address indicated.
Thank you for your assistance.
Sincerely,
14
f •
Clerk of the District
igfcAL
an Revak
Enclosures
Recording Ri 4uested by COS T
• When Recorded Mail to:
COSTA MESA'SANITARY DISTRICT
P.O. BOX 1200
COSTA MESA, CALIFORNIA 92628 -1200
Mail Tax Statements to:
COSTA MESA SANITARY DISTRICT
P.O. BOX 1200
COSTA MESA, CALIFORNIA 92628 -1200
Recorded in Official Records, County of Orange
Gary Granville, Clerk- Recorder
11111 11111 11111 11111111111111111111 1 1 1 1 1 11111 I I I I I N O FEE
108 73 E01
20010502535 6 02:08pm 07/25101
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
A.P. No. 427 193 01 through 427 193 10
TRA 8328
Location: 3184 Airway Avenue
ji
EASEMENT DEED
Exempt Recording Requested per
Government Code 6103
Deed No.
R/W No.
THE UNDERSIGNED DECLARE(S) DOCUMENTARY TRANSFER TAX IS NONE.
GOVERNMENTAL AGENCY EXEMPT COSTA MESA SANITARY DISTRICT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
KOLL IRVINE COMMUNITY ASSOCIATION, a California corporation
grant(s) and convey(s) to the COSTA MESA SANITARY DISTRICT a perpetual easement. and right of
way for sewer and maintenance purposes in, on, under, across and through all that real property situated
in the City of Costa Mesa, County of Orange, State of California, described as shown on the attached
Page 1 of Exhibit "A ".
All as more particularly shown on the map attached hereto and made a part hereof, labeled Page 2 of
Exhibit "A".
Dated: Z6, 200
KOLL IRVINE COMMUNITY ASSOCIATION,
a Califo L • oration
By:
Name: Daniel L. Curtis
Title: President
Name:
Title:
` " c-1/- eorge • "r— Name:
Title:
Title: Secretary
Exhibit A
UNDERGROUND UTILITY Pg. 1 of 2
SEWER EASEMENT
That portion of Lot 34 of Tract 8328 in the City of Costa Mesa, County of Orange, State of California,
as shown on a map recorded in Book 350, Pages 15 to 17 inclusive of Miscellaneous Maps in the office
of the County Recorder of said County, an easement for sewer being described as follows:
Commencing at the most southerly corner of Tract No. 8328; thence N. 28 47'44"E., 10.00 feet
coincident to the southeasterly line of said tract; thence N. 6112' 16 "W., 3.07 feet to the TRUE POINT OF
BEGINNING at the most southerly corner of the sewer easement described in said lot and tract; thence
coincident to the southwesterly line of said sewer easement N. 6112' 16"W., 10.00 feet; thence
S. 28 47'44 "E., 10.00 feet to the southwesterly line of said tract; thence coincident to said southwesterly
tract line S. 61 12' 16"E., 10.00 feet; thence N. 28 47'44 "E., 10.00 feet to the TRUE POINT OF
BEGINNING.
Containing 100.00 square feet, 0.0023 acres, more or less.
PAGF SaCia
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ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On ,.A/%A'.chl 29 , 20 1 , before me
F /77.�At j ,A,2Tom. y personally appeared ...A1•1/e--1.-
G•
Lv�2T?�
(or proved to me on the basis of satisfactory evidence) to be the
persons) -whose name(s ) is/are-subscribed to the within instrument and acknowledged to me that
homey executed the same in hisilmitheir authorized capacity(4e&), and that by his heir
signature(s) on the instrument the person(-s), or the entity upon behalf of which the persons)-
acted, executed the instrument.
WITNESS my hand and official seal.
rilalanftailiblaIlliallallel
ROY K. FREEMAN III
COMM. 1293265 m % !Notary Public-California y N l. ,>�
a , ORANGE COUNTY -W I _ _'
- My Comm .,Exp' Feb. 20, 2005
S\FORMS\BD7 -41 BD7-41
09/20/00
lI�
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On
t �r -�' ` i � 2- , 20 6) , before fore me AV
)C7 I yi Q c. personally appeared q a ?/7 k
personally known to me - ' _ • .. • _ to be the
person(s) whose name(s) is/afe•subscribed to the within instrument and acknowledged to me that
he/sheithey executed the same in his/hesitheir authorized capacity(ies), and that by his/heritheir
signatures). 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.
Iu IRFCIRT�
ROY K. FREEMAN III
= � �:: COMM.1293265 m
W I ,• ., ,,,.; Notary Public - California CA
W ',4 _► ORANGE COUNTY
- ' ' - _ _ - My Comm �E .Feb. 20, 2005
S\FORMS\BD7 -41 BD7-41
"9/1-- 09/20/00
•
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Deed of Right of Way
dated MARCH 29, 2001 from THE BOLL IRVINE COMMUNITY
ASSOCIATION, A CALIFORNIA CORPORATION to the COSTA MESA
SANITARY DISTRICT, is hereby accepted by order of the Board of Directors of the
Costa Mesa Sanitary District on the /d d day of JULY 2001, and the grantee consents
to the recordation thereof b its duly authorized officer.
Secretary Costa Mesa Sanitary District P - sident, Costa Mesa San' ' District
By:
Clerk of 3 Costa Mesa Sanitary District
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Deed of Right of Way
dated MARCH 29, 2001 from THE KOLL IRVINE COMMUNITY
ASSOCIATION, A CALIFORNIA CORPORATION to the COSTA MESA
SANITARY DISTRICT, is hereby accepted by order of the Board of Directors of the
Costa Mesa Sanitary District on the /011. day of JULY 2001, and the grantee consents
to the recordatiQac thee. eof by i s duly authorized officer.
r rK
_ r^. o ;w
Se retardCosto- Mesa:S. itary District
By:
resident, Costa Mesa Sani ary District
•
• li !
•rte_ ••. � -rrr
•
•
•
•
Clerk o C:osta,MO ,nitary District
•
l ,Y '• 1
JUL.1r=.2001 ji5 "rrrl bLI]V FI rNUJLLI MkJI
JOHSI RPO� t T�
Orange County, California
Alen LMurphy
Airport Director
3160 Airway Avenue
July 12, 2001
Robin B. Earners
Manager/District Engineer
Costa Mesa Sanitary District
234 17th Street, Suite 205
Costa Mesa, CA 92627
NU.U10 r.l
SUBJECT: Fire Station 33 Replacement at John Wayne Airport
Project No. 280-280-4200-P663
Dear Rob,
In your May 1, 2001 letter the following requirements were listed as a condition to receive
sewer service for Fire Station #33 at John Wayne Airport
• CMSD Easement over 3184 Airway Ave. - We have delivered all of
the required paperwork to your office and await approval by your Board.
• CMSD Easement over 3180 Airway Ave. - A legal description,
map, and easement deed are currently being prepared by the
Airport. Our goal is to deliver these items to your office by the end
of August. Defer to the construction schedule later in this letter to
understand how this fits in with our process.
• New CMSD /JWA Agreement - We have received your draft agreement.
We will deliver comments/changes to the agreement with the 3180
Airway Ave. easement. This will be delivered at the end of August.
• Sewer Connection Fees - In our last meeting you outlined what fees will
need to be paid. We will wait for these fees to be calculated at the
appropriate time and process the payments at that time.
Our current construction schedule is as follows:
Project Out to Bid - 9/1/01
Project Start - 10/17/01
Project Completion - 12/1/02
1 will keep you informed of changes in the schedule if and when they occur. Thank you for
your asaistaace with this project.
Sincerely,
Costa Mesa, CA
92626.4608 ��
949.252.5171 fCennett
949.252.5178 fax Project Manager
www.ocaEreom sanitary /CB/j1
Glenn Owens, )A
Phone
(714) 754 -5043
Fax
(714) 432 -1436
Mailing Address
P. 0. Box 1200
Costa Mesa, CA
92628 -1200
Street Address
77 Fair Drive
Costa Mesa, CA
92626 -6520
Board of Directors
Art Perry
Arlene Schafer
Greg Woodside
James Ferryman
Dan Worthington
• lb. Printed on
Recvcled Paper
Costa Mesa Sanitar District
May 1, 2001
Mr. Chris Bennet
John Wayne Airport
3160 Airway Ave.
Costa Mesa, CA 92626
RE: SEWER SERVICE TO PROPOSED FIRE STATION #33
Dear Chris:
As we discussed, this letter will recap the status of items required to receive sewer
service for the new fire station:
• Sewer Plan by MSL Engineering - plan is complete and ready for signature upon
completion of the below-listed items. '
• New CMSD Easement over 3184 Airway Ave. - Legal Description & Map are nearly
complete with the final changes shown in the attached transmittal dated 7/10/2000.
An easement deed signed and notarized by the property owner accompanied by a
current title report must be furnished and approved by the CMSD Board of Directors
and recorded prior to any sewer. construction.
• New CMSD Easement over 3180 Airway Ave. - Easement area as shown on Sewer.
Plan by MSL Engineering is acceptable. A legal description, map, and easement
deed must be prepared and furnished to the District.
• New CMSD /JWA Agreement - enclosed is a draft agreement between the District
and the County of Orange that will supersede the previous Agreement. Said
Agreement is submitted for your review and comment.
• Payment of Sewer Connection Fees - standard CMSD connection fees will be
calculated and are due .prior to construction. Said fees will be calculated upon
return of first draft of the new Agreement.
For your records, enclosed is a January 15, 2001, letter to Tim Palmquist that outlines
the CMSD Board of Directors actions with respect to the project. Please provide a
construction schedule for the project at your earliest convenience. Also, the District has
the standard CMSD easement deed in electronic format if needed. Please canine at
949/631 -1731 if you have any questions.
Sincerely,
dY
Robin B. Hamers
Manager /District Engineer
cc. Staff, MSL Engineering
41I\ "
AGREEMENT
THIS AGREEMENT made and entered into this day of
2001, by and between the COSTA MESA SANITARY DISTRICT,
a district formed under the Sanitary District Act of 1923, hereinafter referred to
as 'DISTRICT" and the COUNTY OF ORANGE, a political subdivision
hereinafter referred to as "COUNTY".
WITNESSETH THAT:
WHEREAS, COUNTY owns and operates the John Wayne Airport which
borders the existing boundary of DISTRICT; and
WHEREAS, DISTRICT entered into an Agreement dated September 3,
1975, with COUNTY to provide sewer service to the Airport Fire Crash Rescue
Station located on John Wayne Airport (JWA) property; and
WHEREAS, COUNTY desires to construct new Fire Station No. 33 also
located on airport property and desires additional sewer service; and
WHEREAS, DISTRICT also provides sewer service to the FM Control
Tower located between the existing Fire Crash Rescue Station and proposed
Fire Station No. 33; and
WHEREAS, COUNTY pays a yearly fee for sewer service for the Fire
Crash Rescue Station but not for said Control Tower; and
WHEREAS, due to utility conflicts, grade problems, and the proposed
location of Fire Station No. 33, JWA engineers and DISTRICT engineers have
concluded the most effective sewer service for Fire Station No. 33 will be from
existing DISTRICT facilities located at the southerly corner of property located at
3184 Airway Ave.; and
WHEREAS, COUNTY also owns property located at 3180 Airway Ave.
and desires sewer service to this property in the future; and
WHEREAS, existing sewer service to 3180 Airway Avenue is from a
lateral in Airway Avenue that has collapsed due to root intrusion and is
unusable; and
WHEREAS, the grant of additional DISTRICT easement area over the
southerly corner of 3184 Airway Avenue and the grant of new DISTRICT
easement area over the easterly corner of 3180 Airway will insure all properties
being served will have direct access to DISTRICT sewer facilities; and
WHEREAS, an agreement between the COUNTY OF ORANGE and the
COSTA MESA SANITARY DISTRICT for sewer service of property outside
. DISTRICT boundaries constitutes an interagency agreement and is exempt from
Orange County Local Agency Formation Commission (LAFCO) review,
NOW, THEREFORE for and in consideration of the covenants contained
herein, performed or to be performed, the parties hereto agree as follows:
1. This Agreement supersedes and replaces in entirety the Agreement -
between COUNTY and DISTRICT dated September 3, 1975.
2. DISTRICT agrees to provide sewer service to COUNTY facilities as set
forth in the recitals above, and COUNTY agrees to pay the fees and grant the
easements as hereinafter set forth.
3. COUNTY agrees to provide DISTRICT with appropriate easements to
serve the areas described in the recitals hereto within the area shown in Exhibit A, in
a form subject to DISTRICT's approval. Such easements may include a new
easement area over the southerly corner of 3184 Airway Avenue and a new
easement over the easterly corner of 3180 Airway Avenue.
4. All sewer construction shall be done according to DISTRICT standards
and regulations and shall be subject to DISTRICT approval and inspection before
connection and acceptance.
ti
e:
5. COUNTY shall pay all fees when due, including but not limited to such
inspection and permit fees, connection fees, fixture fees and any sums due the
Orange County Sanitation District. Additionally, COUNTY will pay. when due, such
annual charges as may be imposed on other properties on the annual assessment
roll.
6. This Agreement assumes that the sewage discharge is of a type normally
associated with a normal commercial use and does not cause the DISTRICT
problems by nature of volume or constituency. If the DISTRICT reasonably
determines that it is necessary to do so, COUNTY agrees to provide and regularly
service such grease interceptors or -traps as may be necessary. COUNTY agrees
that DISTRICT may charge COUNTY additional sums - if COUNTY's use of the
property causes - extraordinary costs to the DISTRICT for maintenance or other
problems. •
COSTA MESA SANITARY DISTRICT
President
Secretary
COUNTY OF ORANGE
By:
Title:
t Costa Mesa SanitarN District
Phone
(714) 754 -5043
. Fax
(714) 432 -1436
Mailing Address
P O. Box 1200
Costa Mesa, CA
92628 -1200
Street Address
77 Fair Drive
Costa Mesa, CA
92626 -6520
Board of Directors
Art Perry
Arlene Schafer
Greg Woodside
.ladies Ferryman
Dan Worthington
ai Printed on
Recycled Paper
January 15, 2001
Mr. Tim Palmquist
John Wayne Airport Administration Office
3160 Airway Ave.
Costa Mesa, CA 92626
RE: SEWER SERVICE TO NEW FIRE STATION #33
JOHN WAYNE AIRPORT (JWA)
Dear Tim:
At their regular meeting on January 11, 2001, the Board of Directors of the District
approved in concept providing sewer service to new Fire Station #33 on JWA property.
The approval was granted subject to the following conditions:
• The existing Agreement between the County and the District is to be amended to •
reflect the additional sewer service to the new fire station as well as existing service
to the FAA Control Tower. District Staff to review and revise the yearly sewer
charges to the County as appropriate.
• Owners of 3184 Airway Avenue to grant the District a new sewer easement from.
the existing easement southerly to the property line of 3180 Airway Avenue. This
easement is to be recorded prior to construction.
• The County, as owners of 3180 Airway Avenue, to grant the District a sewer
easement at the easterly corner of subject property. The easements will insure all
properties have direct access to District sewer lines.
• All sewer facilities within District easements to be constructed in accordance with
District standards and plan check and inspection fees are required.
• Because the agreement for sewer service is between the County of Orange and the
Sanitary District, the District recognizes LAFCO review and approval is
unnecessary.
•
• The District also recognizes that sewer service for the new Fire Station stemming
from Paularino Avenue conflicts with an existing high pressure gas line and also
presents grade problems. Additionally, the existing sewer service in Airway Avenue
to 3180 Airway Avenue is very shallow and the pipe has collapsed due to roots.
Mr. Tim Palmquist
January 15, 2001
Page 2
1
Please continue developing the sewer plans and.easement documents for review by
this office. A draft agreement is being prepared and will be transmitted for your review
and comment.
Sincerely,
Robin B. Hamers
Manager /District Engineer
cc. Board
Staff
Bill Morris, CCM DPS /CE
COSTA MESA SANITARY DISTRICT
ROBIN B. HAMERS
MANAGER/DISTRICT ENGINEER
234 E. 17Th STREET, SUITE 205, COSTA MESA, CA 92627
PHONE 949/631-1731 FAX 949/548-6516
TRANSMITTAL
To: Tim Palmquist, John Wayne Airport
3160 Airway Ave., Costa Mesa, CA 92626
Date: July 10, 2000
Project JWAFire Station Sewer Easement
The following items are submitted:
FORYOURUSE
FOR YOUR APPROVAL
COPIES DESCRIPTION
FOR YOUR REVIEW & COMMENT
x OTHER: 2`i check
1 Easetne t Map & Description
REMARKS: Please make final, minor, changes and submit originals to this office.. Please also
continue obtaining approval and title report from property owner. We need to discuss preparation of
sewer plans.
SIGNED
0.�
ROBIN B. HAMERS
cc. JoenRevel:
61.(
UNDERGROUND UTILITY Pg. 1 of 2
SEWER EASEMENT
JOHN WAYNE AIRPORT
PM 1121- 0500- 0003
r �0 •
That portion of Lot 34 of Tracti8328 in the City of Costa Mesa, County of Orange, State of California,
as shown on amap recorded'in Book 350,.Pages 15 to 17 inclusive of Miscellaneous Maps in the office
of the County Recorder of said County, an easement for sewer being described as follows:
Commencing at the most southerly corner of Tract No. 8328; thence N. 28 47'44"E., 10.00 feet
coincident to the southeasterly line of said tract; thence N. 61 12'16"W., 3.07 feet to the TRUE POINT OF
BEGINNING at the most southerly corner of the sewer easement described in said lot and tract; thence
coincident to the southwesterly line of said sewer easement N. 61 12'16"W., 10.00 feet; thence
S. 28 47'44"E., 10.00 feet to the southwesterly line of said tract; thence coincident to said southwesterly
tract line S. 61 12'16"E., 10.00 feet; thence N. 28 47'44 "E., 10.00 feet to the TRUE POINT OF
BEGINNING. - -
Containing 100.00 square feet, 0.0023 acres, more or less.
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Form No. 1068 -1 (Rev. 10/17/92)
Exhibit A to Preliminary Report
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<.
OR- 2120122
TITLE OFFICER - JEFFREY C. PASCHAL
Preliminary
Report
First American Title Insurance Company
Preliminary Report
OR- 2120122
TITLE OFFICER - JEFFREY C. PASCHAL
First American Title Insurance Company
2 First American Way, Santa Ana, California 92707
(P.O. Box 267, Santa Ana, California 92702)
(714) 800 -3000
JOHN WAYNE AIRPORT
3160 AIRWAY AVENUE
COSTA MESA, CALIFORNIA 92626
ATTN: JOSIE ALVAREZ
YOUR NO. PM1121- 0500- 003 -SEWER EASEMENT
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT
IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE
LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY
REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM
COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF THE POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A
ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE
OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE
ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND
EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND
EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED
UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS
TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES
AFFECTING TITLE TO THE LAND.
DATED AS OF JANUARY 2, 2001 AT 7:30 A.M.
BY JEFFREY C. PASCHAL, TITLE OFFICER
DIRECT TELEPHONE NUMBER - 714- 800 -4909
FAX NUMBER - 714 - 800 -4751
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY - WITH REGIONAL EXCEPTIONS
(STANDARD COVERAGE).
PAGE 1
Preliminary Report
OR- 2120122
TITLE OFFICER - JEFFREY C. PASCHAL
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
KOLL IRVINE COMMUNITY ASSOCIATION, A CALIFORNIA CORPORATION.
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS:
A FEE.
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID
POLICY FORM WOULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2001 -2002, A LIEN NOT YET DUE OR
PAYABLE.
2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5
COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE.
NOTE: ALTHOUGH THE ABOVE SUPPLEMENTAL TAXES MAY BE A LIEN, THE INSTALLMENTS
THEREOF ARE NOT YET DUE OR PAYABLE.
3. A PERPETUAL AVIGATION EASEMENT IN AND THROUGH THE AIR ABOVE THE HEREIN
DESCRIBED AND OTHER LAND, AS CONVEYED TO THE COUNTY OF ORANGE BY THE IRVINE
COMPANY, BY DEED RECORDED MARCH 17, 1964 IN BOOK 6965, PAGE 721 OF OFFICIAL RECORDS,
AND THE TERMS AND CONDITIONS AS SET FORTH IN SAID DEED TO WHICH RECORD REFERENCE
IS HEREBY MADE FOR ALL PARTICULARS.
4. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED IN BOOK
7529, PAGE 600 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT
DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN
GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION
INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR,
RELIGION, SEX, MARITAL STATUS, ANCESTRY, DISABILITY, HANDICAP, FAMILIAL STATUS, OR
NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE
TITLE 42 U.S.C. §3604(c) OR CALIFORNIA GOVERNMENT CODE § 12955.
5. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED IN BOOK
9679, PAGE 503 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT
DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN
GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION
INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR,
RELIGION, SEX, MARITAL STATUS, ANCESTRY, DISABILITY, HANDICAP, FAMILIAL STATUS, OR
NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE
TITLE 42 U.S.C. §3604(c) OR CALIFORNIA GOVERNMENT CODE § 12955.
6. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED IN BOOK
10949, PAGE 162 AND RE- RECORDED IN BOOK 11082, PAGE 208, BOTH OF OFFICIAL RECORDS,
WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE
LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT
DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE,
PAGE 2
Preliminary Report
OR- 2120122
TITLE OFFICER - JEFFREY C. PASCHAL
LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, MARITAL STATUS,
ANCESTRY, DISABILITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT
SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42 U.S.C. §3604(c) OR
CALIFORNIA GOVERNMENT CODE § 12955.
INSTRUMENTS DECLARING MODIFICATIONS OF SAID COVENANTS, CONDITIONS AND
RESTRICTIONS, BUT DELETING RESTRICTIONS THEREIN, IF ANY, BASED ON RACE, COLOR,
RELIGION OR NATIONAL ORIGIN, RECORDED IN BOOK 11349, PAGE 767, AND AS INSTRUMENT NO.
88- 323738, BOTH OF OFFICIAL RECORDS.
7. THE CONDITION THAT FOR A PERIOD OF 25 YEARS FROM THE DATE OF RECORDING OF
THIS DEED, NO PART OF THE DESCRIBED PROPERTY SHALL BE USED FOR THE PURPOSE OF
CONDUCTING THE BUSINESS OF SELLING, HANDLING OR DEALING IN GASOLINE, LUBRICATING
OILS, OR ANY FUEL TO BE USED FOR INTERNAL COMBUSTION ENGINES OR LUBRICANTS IN ANY
FORM, OR THE CONDUCT OF ANY BUSINESS COMMONLY KNOWN AS A FILLING STATION OR
SERVICE STATION; NOTHING HEREIN SHALL BE DEEMED TO PROHIBIT THE SERVICING OF MOTOR
VEHICLES OWNED OR LEASED BY THE GRANTEE. SHOULD GRANTEE, ITS SUCCESSORS OR
ASSIGNS VIOLATE ANY SUCH CONDITIONS, THE PROPERTY SHALL REVERT TO THE GRANTOR, ITS
SUCCESSORS OR ASSIGNS, EACH AND ANY OF WHOM SHALL HAVE THE RIGHT IN ANY SUCH
EVENT TO RE -ENTER AND TAKE POSSESSION OF THE PROPERTY AND OUST ALL PERSONS
THEREFROM. A BREACH OF THIS CONDITION SHALL NOT DEFEAT OR RENDER INVALID THE LIEN
OF A MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, AS SET FORTH IN
THE DEED RECORDED MAY 3, 1977 IN BOOK 12176, PAGE 1783 OF OFFICIAL RECORDS.
8. A NOTICE DATED DECEMBER 14, 1979, EXECUTED BY THE KOLL -IRVINE COMMUNITY
ASSOCIATION, RECORDED DECEMBER 27, 1979 IN BOOK 13447, PAGE 1755 OF OFFICIAL RECORDS,
WHICH RECITES "NO TRANSFER OF TITLE SHALL BE MADE UNTIL REQUIREMENTS FOR TRANSFER
OF MEMBERSHIP HAVE BEEN RECEIVED FROM SAID COMMUNITY ASSOCIATION AND PROVISIONS
MADE FOR THE PAYMENT OF ANY UNPAID OR DELINQUENT COMMUNITY ASSOCIATION DUES,
ASSESSMENTS, AND TRANSFER FEES."
9. A LIEN FOR THE AMOUNT HEREIN STATED AND FOR ANY OTHER AMOUNTS DUE, IN
FAVOR OF THE STATE OF CALIFORNIA, EVIDENCED BY A CERTIFICATE FILED BY THE FRANCHISE
TAX BOARD UNDER THE PERSONAL INCOME ACT AGAINST
DEBTOR: KOLL -IRVINE COMMUNITY ASSOCIATION.
CERTIFICATE NO.: 096193006290.
AMOUNT: $262.00.
RECORDED: JULY 23, 1996 AS INSTRUMENT NO. 19960374227 OF OFFICIAL RECORDS.
10. RIGHTS OF PARTIES IN POSSESSION.
PAGE 3
Preliminary Report
DESCRIPTION
OR- 2120122
TITLE OFFICER - JEFFREY C. PASCHAL
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF
COSTA MESA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 34 OF TRACT NO. 8328, AS SHOWN ON A MAP RECORDED IN BOOK 350,
PAGES 15 TO 17 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF TRACT NO. 8328; THENCE N. 28 °47'44" E.,
10.00 FEET COINCIDENT TO THE SOUTHEASTERLY LINE OF SAID TRACT; THENCE N. 61 °12'16" W.,
3.07 FEET TO THE TRUE POINT OF BEGINNING AT THE MOST SOUTHERLY CORNER OF THE SEWER
EASEMENT DESCRIBED IN SAID LOT AND TRACT; THENCE COINCIDENT TO THE SOUTHWESTERLY
LINE OF SAID SEWER EASEMENT N. 61 °12'16" W., 10.00 FEET; THENCE S. 28 °47'44" E., 10.00 FEET TO
THE SOUTHWESTERLY LINE OF SAID TRACT; THENCE COINCIDENT TO SAID SOUTHWESTERLY
TRACT LINE S. 61°12'16" E., 10.00 FEET; THENCE N. 28 °47'44" E., 10.00 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 100.00 SQUARE FEET, 0.0023 ACRES, MORE OR LESS.
EXCEPT ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE
PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING
THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED,
OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF
THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND
THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR,
DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL,
MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE
SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AS RESERVED IN THE DEED RECORDED
MAY 3, 1977 IN BOOK 12176, PAGE 1783 OF OFFICIAL RECORDS.
NOTE: THE ABOVE LEGAL DESCRIPTION IS FOR THE SOLE PURPOSE OF THIS REPORT AND MAY
NOT BE CONSIDERED FOR USE IN ANY POLICY OF TITLE INSURANCE TO BE ISSUED BY THIS
COMPANY, AND IS SUBJECT TO CHANGE AT ANY TIME.
PAGE 4
Preliminary Report
OR- 2120122
TITLE OFFICER - JEFFREY C. PASCHAL
WARNING
"THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND
DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER
THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS
DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED
LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP ".
EP
PLATS (CC &R'S, IF ANY) ENCLOSED.
NOTE 1: ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE
PROPERTY IN THIS REPORT WITHIN A PERIOD OF SIX MONTHS PRIOR TO THE DATE OF THIS
REPORT, EXCEPT AS FOLLOWS:
NONE.
NOTE 2: TAXES, COVERING THE HEREIN DESCRIBED AND OTHER LAND, FOR PRORATION FISCAL
YEAR 2000 -2001,
FIRST HALF: $(NO TAXES DUE).
SECOND HALF: $(NO TAXES DUE).
CODE AREA: 15 -069.
A. P. NO.: 427 - 193 -34.
NOTE 3: WIRING INSTRUCTIONS FOR SUB- ESCROW DEPOSITS ARE AS FOLLOWS:
FIRST AMERICAN TRUST COMPANY ACCOUNT #15020
114 E. FIFTH STREET ACCOUNT NAME:
SANTA ANA, CA 92701
ABA #122241255
FIRST AMERICAN
TITLE COMPANY
CREDIT TO FIRST AMERICAN TITLE COMPANY
OR- 2120122 TITLE OFFICER - JEFFERY C. PASCHAL
DISREGARD IF FIRST AMERICAN IS YOUR ESCROW SETTLEMENT AGENT --
CONTACT ESCROW OFFICER FOR WIRING INSTRUCTIONS
PAGE 5
Preliminary Report
OR- 2120122
TITLE OFFICER - JEFFREY C. PASCHAL
NOTICE
SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY 1, 1990, REQUIRES THAT ANY TITLE
INSURANCE COMPANY, UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN
ESCROW OR SUB - ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS, BEFORE
RECORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS. THIS STATUTE ALLOWS
FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT. IN THE CASE OF CASHIER'S
CHECKS OR CERTIFIED CHECKS, FUNDS MAY BE DISBURSED THE NEXT DAY AFTER DEPOSIT. IN ORDER TO AVOID
UNNECESSARY DELAYS OF THREE TO SEVEN DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS, OR
CERTIFIED CHECKS WHENEVER POSSIBLE.
IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST AMERICAN
OFFICE FOR MORE DETAILS.
NOTICE
IN ACCORDANCE WITH SECTIONS 18662 AND 18668 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED
TO WITHHOLD AN AMOUNT EQUAL TO THREE AND ONE -THIRD PERCENT OF THE SALES PRICE IN THE CASE OF THE
DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER:
1. A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR
WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY
OF THE SELLER, 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 DOLLARS (S500).
HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED
ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO
WITHHOLD IF:
1. THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED
THOUSAND DOLLARS (5100,000), OR
2. THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, CERTIFYING THAT THE
SELLER IS A RESIDENT OF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN
CALIFORNIA, OR
3. THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF
PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS
DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE).
THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF
AVOIDING THE WITHHOLDING REQUIREMENT.
THE CALIFORNIA STATUTES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX
BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE -BY -CASE BASIS.
THE PARTIES TO THIS TRANSACTION SHOULD SEEK AN ATTORNEY'S, ACCOUNTANTS, OR OTHER TAX
SPECIALIST'S OPINION CONCERNING THE EFFECT OF THIS LAW ON THIS TRANSACTION AND SHOULD NOT ACT
ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER.
PAGE 6
22
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NOTE - ASSESSOR'S BLOCK &
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SHOWN IN CIRCLES
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800K 427 PAGE 193
COUNTY OF ORANGE
427-193
PAGE 4 OF 5 ' -
*8'7
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records
of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be
asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not
shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water,
whether or not the matters excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses
which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of any improvement now or hereafter
erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the and or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the and has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest
insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any
subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and
is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the
insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the
occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or
prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or
governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the
Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or
interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured
hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage
which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph
2 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making
inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not
shown by public records.
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
4. AM ,AN LAND TITLE ASSOCIATION LOAN POL - 1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the
occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or
prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or
governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the
Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or
interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such
insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy
(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments
for street improvements under construction or completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to
comply with applicable "doing business" laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in
paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making
inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not
shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses
which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter
erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to 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:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
lc) resulting in no loss or damage to the insured claimant;
Id( attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any
statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or
completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any
subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and
is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured
mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed
in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to
advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy,
state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(id the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
hill the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the
f ailure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph
6 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making
inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not
shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses
which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter
erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the and or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the and has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to 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:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(dl attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph
8 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making
inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not
shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
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 right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
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.
Form No. 1491.EAGLE. (10/98)
Addendum to Exhibit A
ADDENDUM TO EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
EXCLUSIONS
In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning:
a. building
b. zoning
c. land use
d. improvements on the land
e. land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the
Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to
violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3 The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date — this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses
which arise by reason of:
1. (a) Any, law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter
erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in Public
Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the and has been recorded in the Public Records at Date of Policy. This exclusion does
not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21,
23, 24 and 25); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent
owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is
based upon:
(a) usury, except as provided under insuring provision 10 of this policy; or
(b) any consumer credit protection or truth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
7. Any claim, wfiicfr, arises out of the transactior .ing the interest of the mortgage insured by this policy, (son of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that ,s based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the
failure:
(i) to timely record the instrument of transfer; or
Oil of such recordation of impart notice to a purchaser for value or a judgment or lien creditor.
S. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has
Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the
coverage provided under insuring provision 7.
9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens,
encumbrances and other matters affecting title, the existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result
of the modification than it would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they
arise: NONE.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH EAGLE PROTECTION ADDED
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 Policy
the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy:
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said and or by making
inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown
by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
Part Two:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they
arise: NONE.
Form No. 1068 -1 (Rev. 10/17/92)
Exhibit A to Preliminary Report
¢1 AMER'
S C
N 9
i`�
;xk.
OR- 2120122
TITLE OFFICER - JEFFREY C. PASCHAL
Preliminary
Report
First American Title Insurance Company
Preliminary Report
OR- 2120122
TITLE OFFICER - JEFFREY C. PASCHAL
First American Title Insurance Company
2 First American Way, Santa Ana, California 92707
(P.O. Box 267, Santa Ana, California 92702)
(714) 800 -3000
JOHN WAYNE AIRPORT
3160 AIRWAY AVENUE
COSTA MESA, CALIFORNIA 92626
ATTN: JOSIE ALVAREZ
YOUR NO. PM1121- 0500- 003 -SEWER EASEMENT
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT
IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE
LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY
REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM
COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF THE POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A
ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE
OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE
ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND
EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND
EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED
UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS
TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES
AFFECTING TITLE TO THE LAND.
DATED AS OF JANUARY 2, 2001 AT 7:30 A.M.
ad.,/
BY JEFFREY C. PASCHAL, TITLE OFFICER
DIRECT TELEPHONE NUMBER - 714- 800 -4909
FAX NUMBER - 714- 800 -4751
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY - WITH REGIONAL EXCEPTIONS
(STANDARD COVERAGE).
PAGE I
r
Preliminary Report OR- 2120122
TITLE OFFICER - JEFFREY C. PASCHAL
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
KOLL IRVINE COMMUNITY ASSOCIATION, A CALIFORNIA CORPORATION.
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS:
A FEE.
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID
POLICY FORM WOULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2001 -2002, A LIEN NOT YET DUE OR
PAYABLE.
2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5
COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE.
NOTE: ALTHOUGH THE ABOVE SUPPLEMENTAL TAXES MAY BE A LIEN, THE INSTALLMENTS
THEREOF ARE NOT YET DUE OR PAYABLE.
3. A PERPETUAL AVIGATION EASEMENT IN AND THROUGH THE AIR ABOVE THE HEREIN
DESCRIBED AND OTHER LAND, AS CONVEYED TO THE COUNTY OF ORANGE BY THE IRVINE
COMPANY, BY DEED RECORDED MARCH 17, 1964 IN BOOK 6965, PAGE 721 OF OFFICIAL RECORDS,
AND THE TERMS AND CONDITIONS AS SET FORTH IN SAID DEED TO WHICH RECORD REFERENCE
IS HEREBY MADE FOR ALL PARTICULARS.
4. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED IN BOOK
7529, PAGE 600 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT
DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN
GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION
INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR,
RELIGION, SEX, MARITAL STATUS, ANCESTRY, DISABILITY, HANDICAP, FAMILIAL STATUS, OR
NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE
TITLE 42 U.S.C. §3604(c) OR CALIFORNIA GOVERNMENT CODE § 12955.
5. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED IN BOOK
9679, PAGE 503 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT
DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN
GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION
INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR,
RELIGION, SEX, MARITAL STATUS, ANCESTRY, DISABILITY, HANDICAP, FAMILIAL STATUS, OR
NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE
TITLE 42 U.S.C. §3604(c) OR CALIFORNIA GOVERNMENT CODE § 12955.
6. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED IN BOOK
10949, PAGE 162 AND RE- RECORDED IN BOOK 11082, PAGE 208, BOTH OF OFFICIAL RECORDS,
WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE
LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT
DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE,
PAGE 2
Preliminary Report
OR- 2120122
TITLE OFFICER - JEFFREY C. PASCHAL
LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, MARITAL STATUS,
ANCESTRY, DISABILITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT
SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42 U.S.C. §3604(c) OR
CALIFORNIA GOVERNMENT CODE § 12955.
INSTRUMENTS DECLARING MODIFICATIONS OF SAID COVENANTS, CONDITIONS AND
RESTRICTIONS, BUT DELETING RESTRICTIONS THEREIN, IF ANY, BASED ON RACE, COLOR,
RELIGION OR NATIONAL ORIGIN, RECORDED IN BOOK 11349, PAGE 767, AND AS INSTRUMENT NO.
88- 323738, BOTH OF OFFICIAL RECORDS.
7. THE CONDITION THAT FOR A PERIOD OF 25 YEARS FROM THE DATE OF RECORDING OF
THIS DEED, NO PART OF THE DESCRIBED PROPERTY SHALL BE USED FOR TH': PURPOSE OF
CONDUCTING THE BUSINESS OF SELLING, HANDLING OR DEALING IN GASOLINE, LUBRICATING
OILS, OR ANY FUEL TO BE USED FOR INTERNAL COMBUSTION ENGINES OR LUBRICANTS IN ANY
FORM, OR THE CONDUCT OF ANY BUSINESS COMMONLY KNOWN AS A FILLING STATION OR
SERVICE STATION; NOTHING HEREIN SHALL BE DEEMED TO PROHIBIT THE SERVICING OF MOTOR
VEHICLES OWNED OR LEASED BY THE GRANTEE. SHOULD GRANTEE, ITS SUCCESSORS OR
ASSIGNS VIOLATE ANY SUCH CONDITIONS, THE PROPERTY SHALL REVERT TO THE GRANTOR, ITS
SUCCESSORS OR ASSIGNS, EACH AND ANY OF WHOM SHALL HAVE THE RIGHT IN ANY SUCH
EVENT TO RE -ENTER AND TAKE POSSESSION OF THE PROPERTY AND OUST ALL PERSONS
THEREFROM. A BREACH OF THIS CONDITION SHALL NOT DEFEAT OR RENDER INVALID THE LIEN
OF A MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, AS SET FORTH IN
THE DEED RECORDED MAY 3, 1977 IN BOOK 12176, PAGE 1783 OF OFFICIAL RECORDS.
8. A NOTICE DATED DECEMBER 14, 1979, EXECUTED BY THE KOLL - IRVINE COMMUNITY
ASSOCIATION, RECORDED DECEMBER 27, 1979 IN BOOK 13447, PAGE 1755 OF OFFICIAL RECORDS,
WHICH RECITES "NO TRANSFER OF TITLE SHALL BE MADE UNTIL REQUIREMENTS FOR TRANSFER
OF MEMBERSHIP HAVE BEEN RECEIVED FROM SAID COMMUNITY ASSOCIATION AND PROVISIONS
MADE FOR THE PAYMENT OF ANY UNPAID OR DELINQUENT COMMUNITY ASSOCIATION DUES,
ASSESSMENTS, AND TRANSFER FEES."
9. A LIEN FOR THE AMOUNT HEREIN STATED AND FOR ANY OTHER AMOUNTS DUE, IN
FAVOR OF THE STATE OF CALIFORNIA, EVIDENCED BY A CERTIFICATE FILED BY THE FRANCHISE
TAX BOARD UNDER THE PERSONAL INCOME ACT AGAINST
DEBTOR: KOLL - IRVINE COMMUNITY ASSOCIATION.
CERTIFICATE NO.: 096193006290.
AMOUNT: $262.00.
RECORDED: JULY 23, 1996 AS INSTRUMENT NO. 19960374227 OF OFFICIAL RECORDS.
10. RIGHTS OF PARTIES IN POSSESSION.
PAGE3
Preliminary Report
DESCRIPTION
OR- 2120122
TITLE OFFICER - JEFFREY C. PASCHAL
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF
COSTA MESA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 34 OF TRACT NO. 8328, AS SHOWN ON A MAP RECORDED IN BOOK 350,
PAGES 15 TO 17 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF TRACT NO. 8328; THENCE N. 28 °47'44" E.,
10.00 FEET COINCIDENT TO THE SOUTHEASTERLY LINE OF SAID TRACT; THENCE N. 61 °1T16" W.,
3.07 FEET TO THE TRUE POINT OF BEGINNING AT THE MOST SOUTHERLY CORNER OF THE SEWER
EASEMENT DESCRIBED IN SAID LOT AND TRACT; THENCE COINCIDENT TO THE SOUTHWESTERLY
LINE OF SAID SEWER EASEMENT N. 61 °12'16" W., 10.00 FEET; THENCE S. 28 °47'44" E., 10.00 FEET TO
THE SOUTHWESTERLY LINE OF SAID TRACT; THENCE COINCIDENT TO SAID SOUTHWESTERLY
TRACT LINE S. 61°12'16" E., 10.00 FEET; THENCE N. 28 °47'44" E., 10.00 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 100.00 SQUARE FEET, 0.0023 ACRES, MORE OR LESS.
EXCEPT ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE
PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING
THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED,
OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF
THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND
THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR,
DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL,
MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE
SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AS RESERVED IN THE DEED RECORDED
MAY 3, 1977 IN BOOK 12176, PAGE 1783 OF OFFICIAL RECORDS.
NOTE: THE ABOVE LEGAL DESCRIPTION IS FOR THE SOLE PURPOSE OF THIS REPORT AND MAY
NOT BE CONSIDERED FOR USE IN ANY POLICY OF TITLE INSURANCE TO BE ISSUED BY THIS
COMPANY, AND IS SUBJECT TO CHANGE AT ANY TIME.
PAGE4
Preliminary Report
OR- 2120122
TITLE OFFICER - JEFFREY C. PASCHAL
WARNING
THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND
DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER
THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS
DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED
LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP ".
EP
PLATS (CC &R'S, IF ANY) ENCLOSED.
NOTE 1: ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE
PROPERTY IN THIS REPORT WITHIN A PERIOD OF SIX MONTHS PRIOR TO THE DATE OF THIS
REPORT, EXCEPT AS FOLLOWS:
NONE.
NOTE 2: TAXES, COVERING THE HEREIN DESCRIBED AND OTHER LAND, FOR PRORATION FISCAL
YEAR 2000 -2001,
FIRST HALF: $(NO TAXES DUE).
SECOND HALF: $(NO TAXES DUE).
CODE AREA: 15 -069.
A. P. NO.: 427 - 193 -34.
NOTE 3: WIRING INSTRUCTIONS FOR SUB- ESCROW DEPOSITS ARE AS FOLLOWS:
FIRST AMERICAN TRUST COMPANY ACCOUNT #15020
114 E. FIFTH STREET ACCOUNT NAME:
SANTA ANA, CA 92701
ABA #122241255
FIRST AMERICAN
TITLE COMPANY
CREDIT TO FIRST AMERICAN TITLE COMPANY
OR- 2120122 TITLE OFFICER - JEFFERY C. PASCHAL
DISREGARD IF FIRST AMERICAN IS YOUR ESCROW SETTLEMENT AGENT -
CONTACT ESCROW OFFICER FOR WIRING INSTRUCTIONS
PAGE 5
t
Preliminary Report
OR- 2120122
TITLE OFFICER - JEFFREY C. PASCHAL
NOTICE
SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY 1, 1990, REQUIRES THAT ANY TITLE
INSURANCE COMPANY, UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN
ESCROW OR SUB - ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS, BEFORE
RECORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS. THIS STATUTE ALLOWS
FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT. IN THE CASE OF CASHIER'S
CHECKS OR CERTIFIED CHECKS, FUNDS MAY BE DISBURSED THE NEXT DAY AFTER DEPOSIT. IN ORDER TO AVOID
UNNECESSARY DELAYS OF THREE TO SEVEN DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS. OR
CERTIFIED CHECKS WHENEVER POSSIBLE.
IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST AMERICAN
OFFICE FOR MORE DETAILS.
NOTICE
IN ACCORDANCE WITH SECTIONS 18662 AND 18668 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED
TO WITHHOLD AN AMOUNT EQUAL TO THREE AND ONE -THIRD PERCENT OF THE SALES PRICE IN THE CASE OF THE
DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER:
I. A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR
WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY
OF THE SELLER, 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 DOLLARS ($500).
HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED
ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO
WITHHOLD IF:
1. THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED
THOUSAND DOLLARS ($100,000), OR
2. THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, CERTIFYING THAT THE
SELLER IS A RESIDENT OF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN
CALIFORNIA. OR
3. THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF
PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS
DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE).
THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF
AVOIDING THE WITHHOLDING REQUIREMENT.
THE CALIFORNIA STATUTES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX
BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE -BY -CASE BASIS.
THE PARTIES TO THIS TRANSACTION SHOULD SEEK AN ATTORNEY'S, ACCOUNTANT'S, OR OTHER TAX
SPECIALIST'S OPINION CONCERNING THE EFFECT OF THIS LAW ON THIS TRANSACTION AND SHOULD NOT ACT
ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER.
PAGE 6
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NOTE - ASSESSOR'S BLOCK &
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BOOK 427 PAGE 193
COUNTY OF ORANGE
427 -19 3
PAGE 4 OF 5
c;D
•
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the -
public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records
of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be
asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not
shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water,
whether or not the matters excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses
which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter
erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
lb) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest
insured by this policy.
1. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any
subsequent owner of the indebtedness, to comply with the applicable 'doing business' laws of the state in which the and is situated.
i. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and
is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the
insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the
occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or
prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or
governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the
Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or
interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured
hereunder; )c) resulting in no loss or damage to the insured claimant; Id) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage
which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
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 Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph
2 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making
inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not
shown by public records.
Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
i. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
4. AM AN LAND TITLE ASSOCIATION LOAN POL - 1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the
occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land,
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
governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the
Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or
interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such
insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy
(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments
for street improvements under construction or completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to
comply with applicable "doing business" laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in
paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE 6
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making
inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not
shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses
which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulatin
prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; ail the character, dimensions or location of any improvement now or hereaft
erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv,
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
)b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to 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:
(a) created, suffered, assumed or agreed to by the insured claimant;
lb) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
lc) resulting in no loss or damage to the insured claimant;
(dl attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any
statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or
completed at date of policy); or
le) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any
subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and
is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured
mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed
in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to
advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy,
state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
lii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the
failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragra
6 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
• 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making
inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not
shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses
which arise by reason of:
1. 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 (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter
erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b( Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to 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:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
Id) attaching or created subsequent to Date of Policy; or
le( resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph
8 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against toss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making
inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not
shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule 8, 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 right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
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.
Form No. 1491.EAGLE (10/98)
Addendum to Exhibit A
ADDENDUM TO EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
EXCLUSIONS
In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1 . Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning:
a. building
b. zoning
c. land use
d. improvements on the land
e. land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the
Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to
violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date — this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses
which arise by reason of:
1. (a) Any, law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter
erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in Public
Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 18 and 24 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does
not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 18, 17, 19, 20, 21,
23, 24 and 25); or
(el resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequer
owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is
based upon:
(a) usury, except as provided under insuring provision 10 of this policy; or
(b) any consumer credit protection or truth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
7. Any claim, which arises out or the transactior .ing the interest of the mortgage insured by this policy, son of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
• (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the
failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation 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 matters affecting title, the existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result
of the modification than it would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they
arise: NONE.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH EAGLE PROTECTION ADDED
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 Policy
the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy:
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
I . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
Z. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making
inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown
by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
Part Two:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they
arise: NONE.