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HomeMy WebLinkAbout04-21-1992 Agenda #4 - D92-8 B4 :ity of National City, California CuUNCIL AGENDA STATEMEri r April 21, 1992 MEETING DATE AGENDA ITEM NO. 4 i ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED AND ESCROW INSTRUCTIONS FOR THE TRANSFER OF THE CITY -OWNED PROPERTY AT THE SOUTHWEST CORNER OF EUCLID AVENUE AND 18TH STREET TO IGNACIO AND ALTAGRACIA MENDEZ COMMONWEALTH LAND TITLE, ESCROW NO. 1 33139 PREPARED By Cameron Berkuti DEPARTMENT Engineering EXPLANATION On February 25, 1992, the City Council authorized the City Engineer to enter into an escrow agreement for the sale of the property at the southwest corner of Euclid Avenue and 18th Street to Ignacio and Altagracia Mendez for $3,000.00 The purpose of this resolution is to authorize the Mayor to sign a quitclaim deed, and the escrow instructions for the transfer of the property. Environmental Review X N / A Financial Statement City. 1 of-( Buyers have already deposited $930.00 with the Ac STAFF RECOMMENDATION ount No. 1. Adopt the Resolution 2. Dit the City Clerk to transmit the executed copy of the qu claim deed and the escrow instructions to the Engineering Department for the recordation by BOD fISSiel&Q'COMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Quitclaim Deed 3. Escrow Instructions 4. Estimated Closing Cost Statemen A-200 (Re,597e0)Supplemental Title Report Resolution No. 9 2- 5 6 Fa RESOLUTION NO. 92-56 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED AND ESCROW INSTRUCTIONS FOR THE TRANSFER OF REAL PROPERTY OWNED BY THE CITY TO IGNACIO R. AND ALTAGRACIA MENDEZ BE IT RESOLVED by the City Council of the City of National City, California, that the. Mayor is hereby authorized to execute escrow instructions and a quitclaim deed transferring real property owned by the City at the southwest corner of Euclid Avenue and 18th Street to Ignacio R. and Altagracia Mendez. Said quitclaim deed and escrow instructions are to be submitted to the Engineering Department for recordation by the title company. PASSED and ADOPTED this 21st day of April, 1992. ATTEST: Lori Anne Peoples City Clerk APPROVED AS TO FORM: at George H. Eiser, III City Attorney George H. Waters, Mayor Order No. 946163 Es:row No. 123139-dfc Loan No. n/a WHEN RECORDED MAIL TO: Mr. S Mrs. Ignacio R. Mendez 2336 E. 18th Street National City, CA 91950 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: Same as Above DDCU ENTARY TRANSFER TAX a 3.30 KxC reputed on the consideration or value of Poparty conveyed; OR Computed on the consideration or endue lass Sens or encumbrances remaining et time of ale. immure of Dslwant or Agent stem mind to - Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. THE CITY OF NATIONAL CITY do ES hereby REMISE, RELEASE AND FOREVER OUITCLAIM to IGNACIO R. MENDEZ AND ALTAGRACIA MENDEZ, HUSBAND AND WIFE, AS JOINT TENANTS the real property in the City of County of SAN DIEGO NATIONAL CITY , State of California, described as BEING A PORTION OF THE EAST 45 FEET OF LOTS 1 THROUGH 6 INCLUSIVE, IN BLOCK 6 OF HOMECREST "A" IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Dated STATE OF CALIFORNIA Iss COUNTY OF On before me, the undersigned a Notary Public in and for said State, per. sanely appeared personally known to me (or proved to me on the basis of satisfacton evidence) to be the penwnls) whose name(a) Were subscribed to the within Instrument and acknowledged to me Met he/she/they executec the same WITNESS my hand and official seat THE CITY OF NATIONAL CITY BY: BY: (This area for official notarial teal) Signature Fe msf°s MAIL TAX STATEMENTS AS DIRECTED ABOVE 1085 (6/82) SALE ESCROW INSTRUCTIONS T0: ESCROW NO: 123139-dfc Commonwealth Land Title Company DATE: February 23. :992 3333 Camino Del Rio South. Ste, 400 PAGE 1 OF 4 San Diego, CA 92108 Danielle Frangos Cook 563-5000 ESCROW OFFICER CASH TO COME 3 2,070.00 PAID OUTSIDE S 930.00 TOTAL SALES PRICE S 3,000.00' BUYER will cause any instruments and/or funds called for herein to be delivered to you to enable you to comply with these instructions, all of which you are authorized and instructed to use and/or deliver on or before March 30, 1992. TIME LIMIT FOR CLOSE OF ESCROW, and when you are in a position to issue Your standard coverage form Policy of Title Insurance, with a liability of at least the amount of the above total sales price covering property described below in the City of National City County of San Diego, State of California: BEING A PORTION OF THE EAST 45 FEET OF LOTS 1 THROUGH 6 INCLUSIVE, :N BLOCK 6 OF HOMECREST "A" IN THE CITY OF NATIONAL CITY. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. MORE PARTICULARLY DESCRIBED IN E)OiIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. INSURING TITLE VESTED IN: Ignacio R. Mendez and Altagracia Mendez, husband and wife, as joint tenants. SUBJECT ONLY TO: 1991-92 (None) installment(s) of the General and Special County, and City 'if any) Taxes, including any special district levies, payments which are included therein and collected therewith, a lien not yet due or payable, for current fiscal year, not delinquent, including taxes for ensuing year. if any. The :ien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498 Statutes of 1983 of the State of California. Covenants. conditions, restrictions, reservations, and rights of way of record. easements and the exception of minerals, oil. gas, water. carbons and hydro -carbons on or under said land, now of record. A. Escrow holder is authorized and instructed to debit the buyer at the close of escrow closing costs including but not limited to the escrow fee, required transfer tax, recording fees and drawing fees. B. Escrow holder is authorized and instructed to debit the seller at the close of escrow the owner's title insurance premium. C. There is to be no proration of property taxes by escrow holder. D. The City of National City will convey its right. title and interest in the subject property described herein by Quit Clain Deed. E. These instructions are not intended to amend, modify or supercede 'hat certain Offer to Purchase Real Property dated February 12. 1992. by and between seller and buyer, however your only responsibility as escrow holder Is to comply with these escrow instructions. F. Escrow holder shall have no concern or liability with regard to fire insurance on the subject property. ^ THE FOLLOWING ARE MEMORANDUM TO THISESCROW WITH WHICH ESCROW HOLDER IS IN NO WAY CONCERNED OR LIABLE: Page 1 COMMONWEALTH LAND TITLE COMPANY 3333 Camino Del Rio South, P.O. Box 82028 San Diego, CA 92138 (619) 563-5000 Escrow officer: Danielle Frangoa Cook Escrow No.: 123139 Escrow Officer SELLER'S CLOSING STATEMENT ESTIMATE Seller : The City of National City DEBIT CREDIT Total Consideration 53,000.00 Deposit paid to Seller 930.00 OWNER'S COVERAGE 325.00 PROCEEDS DUE SELLER 1,745.00 $3,000.00 $3,000.00 SALE ESCROW INSTRUCTIONS TO: Commonwealth Land Title Company 3333 Camino Del Rio South, Ste. 400 San Diego. CA 92108 563-5000 ESCROW NO: 123139-dfc DATE: February 28. 1992 PAGE 2 OF 4 Danielle Frangos Cook ESCROW OFFICER 1. Interested parties should conduct a filed examination. 2. This property is sold in an "as is" condition. 3. The buyer shall merge this parcel with the adjacent parcel no. 561-262-02. Notice of merger shall be recorded subsequent to the recordation of the deed. 4. The right, title and interest in the property to be sold shall not exceed that vested in the City of National City, and the sale is subject to all title exemptions and reservations, whether or not of record. The City of National City assumes no liability for any possible encumbrances, either of record or not of record, and assumes no responsibility for the accuracy of title report. No liability is assumed as to zoning or availability of utilities. 5. No commission will be paid for the sale of this property. 6. The buyer shall install a fence around the property. In�addition to amounts set forth above, Buyer will hand you, before the date of recording, funds in an amount to cover, all escrow fees, drawing fees, recording fees and required transfer tax. Seller will deliver you all instruments and/or funds required to enable you to comply with these instructions. You are instructed and authorized to use and/or deliver these instruments and funds as instructed, providing you hold for the Seller's account within the time limit for close of escrow set out herein, instruments called for herein and all monies due. You are instructed and authorized to pay off bonds, assessments and/or taxes, also any encumbrances of record, plus accrued interest and charges, if any, to place title in condition called for in these instructions. You are instructed to order the title search at once. The foregoing terms, conditions and instructions, including the "General Instructions" attached hereto, (as if fully set forth herein), have been read and are understood by each of the undersigned, who hereby agree to, concur with, approve and accept the same in their entirety. BUYER SIGNATURE(S): • , L Ignacio R. Mendez MAILING: 2336 E. 18th Street, National City , CA 91950 FO/RW/ARDING: 2336 E. 18th Street, National City , CA 91950 Altagracia Mendez MAILING: 2336 E. 18th Street, National City, CA 91950 FORWARDING: 2336 E. 18th Street, National City, CA 91950 Lvii• SALE ESCROW INSTRUCTIONS TO: Commonwealth Land Title Company 3333 Camino Del Rio South. Ste. San Diego. CA 92108 563-5000 ESCROW ND: 123139—dfc DATE: February 2S. 1992 400 PAGE 4 OF 4 Danielle Frangos Cook ESCROW OFFICER GENERAL INSTRUCTIONS (1) Nice ai i aajstv¢s ad/er proration, if ay, on me basis of a 30dty made. 'ufl (I fSOtr is the day irstruarts are recoraea. (2) Mg rant or alma to these irstnctitrs est be in writing old dopmitei with Yoa armory. We further warstat yarn moray Sh all tot be bald by ay ustmctloro miess in writing. (3) All folds received in this co ra stall be &cosited with otter escrow fug in a mereral escrow a®it or pants of feaaaeaith tad Title Canty, wire ay State err National Bark, ad lay be trasferred to an/ other sari mreral acres meant or mats, Al) disbursements shall be axle by credo on arch amort(s). (4) Yw are arthorizea arc itstarted to furnish a copy of these instnctiors, ay am namts thereto ard/or final c osirg statehent to the Real Estate Brier representing ay of the parties in this trasactian, also to ay lender holding err cmtemlatirg a loan agairst the subject prccerty. (5) Recmmtim of ay irotneenus delivered tlrwgi this escrow, if necessary or proctor in to isscace of the policy of title ingrate called for, is artt rized. (6) 1f you are the prevailing party in ay xtim or proceeding between you ad sue or ail of the parties to this escrow, yw stall be entitled to ai i costs, eyese, ad reascroole attar rays' fees mined or irnrrea in mmectim trerewith. If you are rewired to resin to ay legal mars or procedirgs rot involving breach or fault rpah ywr part, the parties to this escrow jointly and severally aver to pay all costs, meas. ad reasmble attorney's tea emend or 'aurae by Wu, ad the parties turner agree to iranify you agairst all loss am emea in the said action or proceeding. (7) Tim is of the essence of these irstnctims, If a written load to rail is Mattel after the tie Bait for close of escrow, by any principal to this escrow, you sail within three (3) mnirq toys after ywr receipt of sae rail by certified tail ore copy of soh notice to earn of the other orircipals at tie amreses stated in this escrow. Unless written abjection thereto is filed in ywr office by a principal within fifteen (15) raieoa oars after be date of son wailing, you are authorized to canal this escrow. If written objection is filed with you. yes are authorized to hold all trey ad daoaents in this escrow and take ro father xtim mein otherwise directed, either by the orircipals' withal written iratnctims er by final order of a curt of coated jurisdiction. if m etch Mat lb rade, t)ose this escrow es stun as possible. You ray return leer's papers ad/or fads open leer's lard. (8) The orircipals hereto merrily agree that you, as ma holder, have the amolute right at weir elation to file a, xtim in interplea er in a cart of caeterd 4:risdictim rearing the orircipals to Baer and litigate their several claim aid rights mi g themselves arc you are authorized to douit kith the oleic of tre can all docents and fella held in this escrow. In the event s i h action is filed, the Principals jointly ad severaiiy agree to pay Yar caaeilatim charms at cuts, aperoes ard reasonable attorneys' fees rim mu at rewired to lard or incur in sou interplexer action, tie awnt thereof to be fired too jw%nt to to rr&rea by tre can. 0xn the filing of scrn actin, you shell threpan be fully released at discharged fro al. obligatiaa to furter perform ay duties or tligatias otrerwise imam by the term of this escrow. 19) If there is ro written activity by a principal deliwrea to this escrow within any six-amth period after to tire knit for close of ova as set forth in the escrow instructions or written aversion thereof, your aatcY obligation Sall tenirate at YWr option ad all maucents, monies or other item held by you shall be retuned to the party demsitirg sae, less fees and charges herein presided. ii0) Yw are tot tc be unarm with ay westim of tauy in ary loan on emigrate involved in the paessirg cf 'his escrow ao you are fereby released from any responsibility or liability therefor. ill) You are reieasea fru ad mall rave ro liability, obligation or responsibility with respect to (a) with'nldirg of fads versant to Sectim 1445 of the Internal tonne Cade of 1954 as mated, a ifor Sections 1833 ad 26131 of the State of California Ream and Taxation Code (b) arising be parties as to the reodreents of soh Section(s), (c) dktereining meter ace trasferor is a foreign parsm cutler son Sectim(s), ear (d) obtaining a rob foreign affidavit or otter egotism fro, wittholdirg under sin Sections) nor otrenise wowing ny arairy mrtaniro crliaroe with salt grtinnts) by ay party to the tre tratsatim. (12) Parties terein ayaowledm that effective July 1, 195, prrstent to a rev state law (Satin 480.3, R B I), all as at otter rants that reflect a mange in orershio in real property wen presented for recording, post be xcommied by a preliminary range of ow ership retort. If this reyrt is not presided by Dryer prior to the clog of avow, or is rot comleted to the satisfaction of the Carty Recorder, al &ilia al reprovg fee of 0,00, as rewired by law, will be charged by the roomy raider, lad in soh runt escrow holder will dome hirer's meant xmrdingly), the minty recorder will thei fonerd soh fon to beer for =elation followirg raarttim ad the failure of brer to amply with reason pagat to said creme of worship report may result in aaditioml fires/penalties payable to the minty in mich the poperty is looted. (13) A.B. 512/Irsuaa Cade Se tim 12413.1, tempo effective Japery 1, 1990 and nixes certain ratrictims m title irsuaa ca¢anies. controlled earn commies at udenritten title commies, with my rare ai effect m tre closing of yar at of to rotatory rold ceriaas/tie limitation tamed m daomits of meows ad/or furdirg instnants. Whiting periods have bem established rich are in 40ST acts 1 to 7 bsires Gays after to bsiress date on Mich be dedc/irswnt is oromitel into err scant. :' yar escrow transaction canto ates tre mace of a type of meat acre- finding instant, irciaing any iemr's duds, ,dim say ce project tc a roll se rut please :mtxt you escrow officer as soon es passible to eraic clays in closirg you- escrow. =lten tive okras of fm1. irlydic5 eiectrmic raytams. Ray be suggested. SALE ESCROW INSTRUCTIONS TO: ESCROW NO: 123139-dfc Commonwealth Land Title Company DATE: February 2'5. 1992 1333 Camino Del Rio South. Ste. 400 PAGE 3 OF 4 San Diego. CA 92108 Danielle Frangos Cook 563-5000 ESCROW OFFICER SELLER SIGNATURE(S): City of National City By: Bv: The City of National City NAILING: 1243 National City Boulevard, National City, CA 92050-4397 FORWARDING: 1243 National City Boulevard, National City, CA 92050-4397 Order No. 946163 Exhibit "A" BEING A PORTION OF THE EAST 45 FEET OF LOTS 1 THROUGH 6 INCLUSIVE, IN BLOCK 6 OF HOMECREST "A" IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 114.0, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18, 1908 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 6; THENCE, ALONG THE SOUTHERLY LINE OF SAID LOT, SOUTH 70°43'30" WEST, 22.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 70°43'30" WEST, 22.21 FEET TO THE WEST LINE OF THE EAST 45 FEET OF LOTS 1 THROUGH 6; THENCE, ALONG SAID WEST LINE, NORTH 19°02'53" WEST, 143.43 FEET TO THE SOUTHERLY LINE OF 18TH STREET; THENCE, ALONG SAID SOUTHERLY LINE, NORTH 70°42'55" EAST, 2.04 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°07'13", AN ARC LENGTH OF 31.46 FEET; THENCE, TANGENT TO THE PRECEDING CURVE, SOUTH 19°09'52" EAST, 97.87 FEET TO THE BEGINNING OF A TANGENT 1958.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 0°44'49", AN ARC LENGTH OF 25.53 FEET TO TRUE POINT OF BEGINNING. • A 'S . COMMONWEALTH LAND TITLE COMPA! 3333 Camino Del Rio So San Diego Ca 92108 Suite 460 619 563-5000 Ext 209 Commonwealth Land Title Insurance Co 3333 Camino Del Rio South San Diego, Ca 92108 Danielle Date: March 27, 1992 Order 946163-6 Your Reference: > 123139 Supplemental Report The above numbered report dated as of March 5, 1992 and any supplements or amendments) is hereby modified and/or supplemented in order to reflect the following: The statement of identity on the buyer MENDEZ has been cleared. Item 3 of the attached report is deleted. Gary Tr Phan Special Projects Title Officer Fax 619 296-9646 7- COMMONWEALTH LAND TITLE COMPANY 3333 Camino Del Rio 80., suite 400 - (619) 563-5000 P.O. Box 82028, San Diego, California 92138 COMMONWEALTH LAND TITLE COMPANY 3333 CAMINO DEL RIO SOUTH SUITE 400 SAN DIEGO, CA 92108 Attention: DANIELLE Your Ref: 123139 Our No: 946163 In response to your application for a policy of title insurance, Commonwealth Land Title Company reports that it is prepared to issue, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception below or not excluded from coverage pursuant to the printed schedules, conditions and stipulations of said policy form. 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. Dated: MARCH 5, 1992 at 7:30 A.M. GARY 0. TRIPHAN - EX.209 Title Officer PR 001 Order No. 946163 Page 2 Schedule "A" The form of policy of title insurance contemplated by this report is: CLTA OWNERS The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: THE CITY OF NATIONAL CITY The land referred to in this report is in the county of San Diego, state of California, and is described as follows: See attached Exhibit "A" • Order No. 946163 Page 3 Exhibit "A" BEING A PORTION OF THE EAST 45 FEET OF LOTS 1 THROUGH 6 INCLUSIVE, IN BLOCK 6 OF HOMECREST "A" IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1140, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18, 1908 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 6; THENCE, ALONG THE SOUTHERLY LINE OF SAID LOT, SOUTH 70°43'30" WEST, 22.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 70°43'30" WEST, 22.21 FEET TO THE WEST LINE OF THE EAST 45 FEET OF LOTS 1 THROUGH 6; THENCE, ALONG SAID WEST LINE, NORTH 19°02'53" WEST, 143.43 FEET TO THE SOUTHERLY LINE OF 18TH STREET; THENCE, ALONG SAID SOUTHERLY LINE, NORTH 70°42'55" EAST, 2.04 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°07'13", AN ARC LENGTH OF 31.46 FEET; THENCE, TANGENT TO THE PRECEDING CURVE, SOUTH 19°09'52" EAST, 97.87 FEET TO THE BEGINNING OF A TANGENT 1958.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 0°44'49", AN ARC LENGTH OF 25.53 FEET TO TRUE POINT OF BEGINNING. Order No. 946163 Page 4 Schedule "B" At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: 1. General and special county and/or city taxes for the fiscal year: 1992-93; a lien not yet due and payable. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California. 3. This report is incomplete. We will require a statement of information from the parties indicated below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. From: BUYERS. Notes: 1. Policy charge will be based on basic rate. 2. As of January 1, 1990, Chapter 598, California Statutes of 1989 (AB 512; Ins. Code Sec 12413.1) became effective. The law requires that all funds be deposited and available for withdrawal by the title entity's escrow or subescrow account prior to disbursement of any funds. Only cash or wired funds can be given immediate availability upon deposit. Cashier's checks, Teller's checks and Certified checks may be available one business day after deposit. All other funds such as personal, corporate or partnership checks and drafts may cause material delays in disbursement of funds on this order. In order to avoid delays, all funding should be wire transfer. Outgoing wire transfers will not be authorized until confirmation of the respective incoming wire transfer or availability of deposited checks. Our wiring information is: Union Bank 530 "B" Street San Diego, CA 92101 BANK NUMBER: 122000496 CREDIT: Commonwealth Land Title Co. ACCOUNT NUMBER: 4000124120 ORDER NUMBER: 946163 NOTE: If Sub -Escrow Services are requested to be performed by the Company, the payment of any demand to a lender whose Deed of Trust secures a line of credit, construction, or other loan that provides for future advances, will require that the account be closed as to any future advances prior to the date of closing. Any failure to close the account on the part of the lender being paid, may result in this company refusing to provide sub -escrow services. Order No. 946163 Page 5 3. Requirement that this company be furnished with a copy of any supplemental tax bills now in existence which are not reflected on this report. Commonwealth Land Title Insurance Company CLTA Preliminary Report Form EXHIBIT A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1988 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 or 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 policy 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. 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. EXCEPTIONS FROM COVERAGE (SCHEDULE B - PART I) 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: 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. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (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. AMERICAN LAND TITLE ASSOCIATION WAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (REVISED 10-17-70 AND 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: , 1. (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) 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 change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under (a), (b), or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation. such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain 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. Form 2210-1 (CA) Rev. 3-89 (EXHIBIT A CONTINUED ON BACK) Valid Only If Schedules A, B and Cover Are Attached ez - M1.1.0I3.1/2 Cfr v2. w$C. 124-fS N V2. lid SCC.121 CON.CYCD TO CITY d NATIONAL CITY ydNEET?04 L9 z a CC 0 0 0 4 i* = NO ACCESS 74 • CHI ;ES 26/ L61 242 26z s 4- /2 7 vat 3,, sr Of /4 sr. of.. 'sr jr Oft 69 88 88 8? 384/ 2497 2478 498